Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 109 CONGRESS, FIRST SESSION

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

Vol. 151 WASHINGTON, THURSDAY, MAY 12, 2005 No. 62 House of Representatives The House met at 10 a.m. lic for which it stands, one nation under God, ABUSE OF POWER IN CONGRESS The Chaplain, the Reverend Daniel P. indivisible, with liberty and justice for all. (Mr. INSLEE asked and was given Coughlin, offered the following prayer: f permission to address the House for 1 Children all across this country join minute and to revise and extend his re- us as we pray today. ANNOUNCEMENT BY THE SPEAKER marks.) Lord God, again we pray for the pro- PRO TEMPORE Mr. INSLEE. Mr. Speaker, the long tection of the Nation’s Capitol and the The SPEAKER pro tempore (Mr. string of abuse of power is continuing prevention of any terrorist attack upon LATHAM). The Chair will entertain 10 in the U.S. Congress, most unfortu- this land. one-minute speeches on each side. nately. The most recent of this long We also praise and thank You, Lord, string of abuses of power is we will see for the Capitol Police, the medical f an attempt in the U.S. Senate next staff, and all who worked at the or- HONORING FLORENCE NIGHTIN- week to strip Americans of a protec- derly evacuation of this honored place GALE AND OUR NATION’S tion, a protection against the tyranny yesterday. NURSES of the majority, by eliminating the Preserve our liberty, free us from long, 2-century-long right to a fili- fear, and grant us triumph over every (Mr. BURGESS asked and was given buster in the United States Senate, a evil. permission to address the House for 1 bastion of democracy. Throughout our history, You have minute and to revise and extend his re- We already have one House of Rep- called forth leaders. Bless now the marks.) resentatives. We do not need another women and men who assemble as the Mr. BURGESS. Mr. Speaker, it is one. We need the ability to have the 109th Congress of the United States of May 12, and May 12 is a special day be- checks and balances in the U.S. Senate. America. Help them to know what is cause that is the day that the lady And this is not a matter of academic right and enable them to make choices with the lamp, Florence Nightingale, pursuit. that will unite the Nation, both in was born in 1820. Florence Nightingale, Last night, I was in the Mall walking prosperity and moral integrity. the founder of modern nursing, the quite late at night and I saw a group of May they truly represent the needs woman who found that cleanliness and folks from New Jersey who had driven and the genius of the people they serve. hygiene had an effect on wound heal- all the way down from New Jersey and May they prove by their actions their ing, actually helped wound healing and at this moment are filibustering on the personal strength of character and transformed military medicine back in Mall against the efforts in the Senate faith in You, our God and Father of all. the 1800s. to remove this basic checks and bal- Amen. This day is also the last day of Na- ances. They drove what they called the tional Nurses Week, and nursing tells f ‘‘Filibus.’’ Well, we should not have to us over and over again what we all in have a ‘‘Filibus’’ to stand up for the THE JOURNAL this Congress need to know: it is time American concept of checks and bal- The SPEAKER. The Chair has exam- to value health. We cannot afford to ances. These abuses of power should ined the Journal of the last day’s pro- simply pay for disease any longer. stop. The U.S. Senate should maintain ceedings and announces to the House The American Nurses Association is this American tradition of a filibuster his approval thereof. working to chart a new course for a for the right time and for the right rea- Pursuant to clause 1, rule I, the Jour- healthy Nation that relies on the in- sons. creasing delivery of primary and pre- nal stands approved. f f ventive health care and a renewed em- phasis on primary and preventive MARIETTA, GEORGIA PLEDGE OF ALLEGIANCE health care that will require better uti- SUPPLEMENTAL PENSION PLAN The SPEAKER. Will the gentleman lization of our Nation’s resources. (Mr. PRICE of Georgia asked and was from New Jersey (Mr. PALLONE) come Professional nursing has been dem- given permission to address the House forward and lead the House in the onstrated to be an indispensable com- for 1 minute.) Pledge of Allegiance. ponent for the safety and quality of Mr. PRICE of Georgia. Mr. Speaker, Mr. PALLONE led the Pledge of Alle- care of hospitalized patients. in 1981 as the Social Security system giance as follows: Mr. Speaker, it is with great pride was on the verge of collapse, many cit- I pledge allegiance to the Flag of the that I recognize the Nation’s 2.7 mil- ies and counties decided to opt out of United States of America, and to the Repub- lion registered nurses. the Social Security system. My own

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Aug 04 2004 00:42 May 13, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A12MY7.000 H12PT1 H3202 CONGRESSIONAL RECORD — HOUSE May 12, 2005 district, the city of Marietta, Georgia, minute and to revise and extend his re- Lukashenko, rules this country took the opportunity; and the results marks.) through a combination of intimidation serve as a model for the tremendous Mr. CONAWAY. Mr. Speaker, I would and fear. He is suppressing the voices potential of personal retirement ac- like to point out that we are experi- and rights of the Belarusian people as counts. encing a growing economy in this they watch their neighbors in Georgia Rather than collecting 1.5 percent country, a growing economy which cre- and Ukraine rise up and take back from Social Security like the rest of ates jobs. Figures just released show their countries and emerge as thriving us, Marietta city employees have per- that 274,000 additional jobs were cre- democracies. sonal accounts with yearly rates of re- ated in this economy this last month. As President Bush said in his visit to turn ranging from 3 to 20 percent. That is 274,000 families that are better Riga, Latvia, ‘‘All the nations that The results go far beyond the rates of off because they are working. They border Russia will benefit from the return. Employees’ paychecks are high- have also revised the figures to show spread of democratic values, and so er than the surrounding cities because that 93,000 additional jobs were created will Russia itself. Together, we have only 6.1 percent is taken out of their in February and March. set a firm and confident standard. Re- paychecks, as opposed to 12.4 percent. I participated in a needs assessment pression has no place on this con- Think it does not get any better? in Midland, Texas, back in the early tinent.’’ Well, it does. 1990s, a process about figuring out what I have had the privilege of meeting Employees are continually educated was going on within those commu- with the opposition party representa- about the program, the choices that nities. We came up with the top 10 tives from Belarus several times. It is they have, and how the company ad- needs that the folks in Midland, Texas, inspiring to see these men and women ministering their pensions makes deci- told them about. Nine of those top 10 from every political ideology come to- sions. Because of this education pro- needs would have been positively im- gether with a unified goal, to let the gram, employees are allowed to direct pacted by a job. And so we have now Belarusian people decide for them- where their money goes depending on created 274,000 jobs. selves who should lead their country, the rates of return and their personal The economy grew at 3.1 percent dur- rather than have it forced upon them goals. ing the first quarter of this year. We by Lukashenko’s regime. Mr. Speaker, the tremendous poten- continue to experience a growing econ- As co-chairman of the House Baltic tial of personal retirement accounts omy led by the pro-growth policies of Caucus, it is my hope that the United has been realized by some in my dis- this administration and this House and States Congress will stand with our trict. Let us hope the rest of the coun- this Senate. friends in Eastern Europe and support try is able to realize the true benefits f all efforts to bring democracy, free- of personal retirement accounts some dom, and the rule of law to this part of REPUBLICAN ABUSE OF POWER time soon. the world. f (Ms. SCHAKOWSKY asked and was f WE ARE A NATION AT WAR given permission to address the House for 1 minute.) REPUBLICAN ABUSES OF POWER (Mr. KUCINICH asked and was given Ms. SCHAKOWSKY. Mr. Speaker, (Ms. LEE asked and was given per- permission to address the House for 1 Senate Republicans are preparing to mission to address the House for 1 minute.) blow up 200 years of tradition in the Mr. KUCINICH. Mr. Speaker, in mo- minute.) U.S. Senate, abusing their power in Ms. LEE. Mr. Speaker, congressional ments like yesterday, we are one in order to force through a few judges who Republicans continue to abuse their support for each other’s safety and have been unable to earn a bipartisan power here on Capitol Hill. Rather well-being. Thankfully, it was an error consensus for their lifetime judicial ap- than trying to mend fences and work in by the pilot of a small plane. The White House’s response was tell- pointments. a bipartisan fashion, they instead ing: ‘‘We have to remember we are a Democrats have helped confirm 95 choose a very partisan course. Nation at war.’’ percent of President Bush’s judicial Here in the House, for example, the We are. But at war against Iraq. Iraq nominees. The few that our Democratic Republican leadership ignored protocol did not attack us. Iraq had nothing to colleagues in the Senate have opposed and expedited weakened ethics rules do with 9/11. We may well be proving are those who have had serious ques- through the House without ever con- that the best way to avoid a war is not tions raised about their independence, sulting the Democrats. Everyone here to wage one. fairness, and record on issues involving knows that ethics changes cannot be Einstein said the significant prob- our most vital rights. successful unless both parties play a lems we have cannot be solved at the Republicans are willing to attack the role. same level of thinking with which we constitutional system of checks and And now, Republicans in the other created them. Does the war against balances and change the rules of the body, not to be outdone by their coun- Iraq make us safer or less safe? Senate in the middle of the game, all of terparts here in the House, plan to After spending $420 billion annually this for seven extreme judges. change the rules on the filibuster that for the military and an additional $270 Senate Republicans know full well have been in place for more than 200 billion for the war in Iraq, why are we the impact their nuclear option will years, rules that give the minority a still running for the exits? Has the so- have on the bipartisanship that is nec- voice in Washington. Talk about an ex- called war on terror made us less safe? essary for a productive and effective treme abuse of power. We all want safety and security for Senate, but they simply do not care. If Mr. Speaker, Republican attempts to ourselves, our loved ones, our Nation, Senate Republicans are successful at do away with the filibuster is the last and the world. But there has to be a abolishing the rights of the minority, check, really, on the one-party rule better way than war. One of our great- what is next? here in Washington. Simply, this is not est Presidents, Franklin Roosevelt, f the way to end the divisive tone here. knew this and he knew war. He con- When are the Republicans going to EXTENDING FREEDOM TO cluded: ‘‘If civilization is to survive, we learn that their absolute power here on BELARUS must cultivate the science of human Capitol Hill is really corrupting their relationships, the ability of all peoples (Mr. SHIMKUS asked and was given every action? of all lands to live together and to permission to address the House for 1 We talk about spreading democracy work together in the same world at minute and to revise and extend his re- abroad. Let us begin by preserving it peace.’’ marks.) here at home. f Mr. SHIMKUS. Mr. Speaker, I rise f today to speak in support of the coun- THE GROWING ECONOMY try of Belarus and their ongoing strug- EVENTS OF YESTERDAY (Mr. CONAWAY asked and was given gle for fair and free elections. The last (Mr. PENCE asked and was given per- permission to address the House for 1 dictator in Europe, Aleksander mission to address the House for 1

VerDate Aug 04 2004 00:42 May 13, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.002 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3203 minute and to revise and extend his re- only want to use Federal funds to de- perity throughout the Western Hemi- marks.) stroy human embryos stored in IVF sphere. Mr. PENCE. Mr. Speaker, yesterday clinics for stem cell research. This is a At the center of this storm is Ven- at noon was so much like September skilled use of the bait-and-switch tac- ezuelan President Hugo Chavez, who is 11. Mr. Speaker, I was standing on the tic. fanning the flames of leftist, anti- House floor with our majority leader as First, these embryos are not primed American, anti-freedom movements I saw Members beginning to hurry out for research; they are primed for adop- that are fostering regional instability. of this Chamber. tion. Eighty-one embryos have been In the years since he took office as a As I exited the House, an F–16 lit- adopted today with dozens more on the democratically-elected leader, Chavez erally flashed across the sky as thou- way, called ‘‘snowflake adoptions.’’ Re- has moved sharply away from those sands yesterday, as that day in 2001, searchers who support embryonic stem ideals. He has stacked the government streamed from the Capitol into the cell research acknowledge that these with judges and allies to implement his sunlight of uncertain moments and an IVF embryos will not provide near the own personal will. He has cracked down undefined threat. desired type or number of stem cell on the freedom of the press. He is fi- So much was the same, but so much lines demanded by the biotech industry nancing a State-run television network has really changed. On September the and admit that they will not be geneti- patterned after Al Jazeera to spread 11 evacuation was largely disorganized cally diverse. In order to get that sam- his propaganda far and wide, and he and spontaneous. But yesterday, ple and overcome that rejection, they has forged a dangerous alliance with thanks to the extraordinary leadership will need to clone human embryos. Ad- Fidel Castro. of the United States Capitol Police; vocates have admitted as much on this Mr. Speaker, Hugo Chavez fancies Bill Livingood, the House Sergeant at floor in the Chamber. himself as a modern Simon Bolivar, Arms; and Police Chief Terence Gainer, The ultimate goal of researchers is who wanted to unite Latin America 25,000 public officials and personnel free and unfettered access to Federal into one Nation. Hugo Chavez is trying were evacuated from the Capitol and dollars to create, clone and destroy to alter the balance of power in our buildings around Capitol Hill in less human embryos for lab experiments. hemisphere. The United States must than 6 minutes in an intense, but or- Congress should instead focus on sup- take this growing threat seriously. derly, manner. porting adult stem cell research, which f has been proven to work successfully, b 1015 REPUBLICAN ABUSE OF POWER IN is not morally controversial, and holds It is an extraordinary comfort, I SENATE know, to millions of Americans who true promise for disease victims. We should not kill to harvest an experi- (Ms. MATSUI asked and was given know that whatever the day may bring permission to address the House for 1 in our Nation’s capital, thanks to the ment. f minute and to revise and extend her re- leadership and the security officials marks.) here on Capitol Hill, and the Depart- REPUBLICAN ABUSE OF POWER Ms. MATSUI. Mr. Speaker, the power ment of Homeland Security, our na- (Mr. CLEAVER asked and was given grab Senate Republicans are about to tional government is ready. permission to address the House for 1 take is not about seven judges; it is f minute.) about clearing the way for a Supreme THIRTY YEARS LATER HELP THE Mr. CLEAVER. Mr. Speaker, we Court nominee who only needs 51 votes HMONG STILL IN LAOS should always be cautious in this quest instead of 60 votes. (Ms. MOORE of Wisconsin asked and for absolute power here in Washington. Senate Republicans do not want a was given permission to address the This was not the vision of our Found- David Souter, an Anthony Kennedy, a House for 1 minute and to revise and ing Fathers. Sandra Day O’Connor, a Ruth Bader extend her remarks.) Today, we are dealing with a manu- Ginsberg or a Steven Breyer, all of Ms. MOORE of Wisconsin. Mr. Speak- factured judicial crisis. Since President whom were confirmed with nearly er, I rise on the occasion of the 30th an- George Bush took office, the Senate unanimous, bipartisan support. niversary of America pulling out of the has confirmed a whopping 208 of his ju- If President Bush is successful with Vietnam war. dicial nominations and turned back this extreme power grab in the Senate, Mr. Speaker, I rise in horror at the only 10. That, my friends, is a 95 per- he will be able to appoint extreme, continued atrocities against the cent confirmation rate. That rating is right-wing judges to the court. Hmong folk who now reside in the jun- the highest approval rating of any President Bush wants to turn the gles of Laos. Like a cheap date, a one- President in modern times, including Senate into a second House of Rep- night stand, we abandoned our breth- Ronald Reagan and Bill Clinton. resentatives, rubber-stamping his agen- ren who fought along with the CIA, and Thanks to these confirmations, the da, and that is simply not what our they were forced to flee into the jungle. President presides over the lowest Founding Fathers envisioned when Reports of rapes, mass killings, use of court vacancy rate since Ronald they created two distinctly different biological weapons have gone Reagan was President. congressional chambers. uninvestigated. Congratulations, Mr. President. Mr. Speaker, Democrats will fight to Mr. Speaker, I call upon the State Instead of accepting that success and protect our constitutional checks and Department to press Laos to imme- avoiding further divisiveness and par- balances and basic fairness for the diately pull back its troops, grant tisanship here in Washington, my hope American people. international human rights monitors is that our President will not add to f the current bitterness here and around and workers access to the Hmong com- THE BULGARIAN MIRACLE the Nation by resubmitting the names munity and allow them to peacefully CONTINUES settle. of rejected nominees again this year. Mr. Speaker, we cannot stand by and f (Mr. WILSON of South Carolina asked and was given permission to ad- abandon our fellow soldiers in the Viet- EXPRESSING GROWING CONCERNS nam war. dress the House for 1 minute and to re- ABOUT A GATHERING LEFTIST vise and extend his remarks.) f STORM IN LATIN AMERICA Mr. WILSON of South Carolina. Mr. BAIT AND SWITCH ON STEM (Mr. MACK asked and was given per- Speaker, on Tuesday I was in Sofia, CELLS mission to address the House for 1 Bulgaria, on a delegation with the gen- (Mr. PITTS asked and was given per- minute and to revise and extend his re- tlewoman from Guam (Ms. BORDALLO). mission to address the House for 1 marks.) I saw firsthand the Bulgarian miracle minute and to revise and extend his re- Mr. MACK. Mr. Speaker, I rise today of a dynamic democracy, a partner marks.) to express my strong concern about a with America on the war on terrorism, Mr. PITTS. Mr. Speaker, in the com- gathering storm that poses a real and a thriving and robust economy pro- ing weeks, some will say that they threat to freedom, security and pros- viding jobs for young people.

VerDate Aug 04 2004 04:14 May 13, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.004 H12PT1 H3204 CONGRESSIONAL RECORD — HOUSE May 12, 2005 During my first visit 15 years ago to To have three Eleventh District Mrs. BLACKBURN. Mr. Speaker, Bulgaria with the International Repub- schools included on this prestigious list today I rise to praise America’s small lican Institute, I witnessed a dying speaks to the dedication and accom- business owners. They really are our Communist State frozen in time. plishments of our district’s educators, Nation’s economic engine, and these Today, Bulgaria is a valued member of students, and community members. small business owners and our Nation’s NATO and soon to be admitted to the As the former chairman of the Mari- employers are doing a great job with EU. etta City School Board, I know the this free enterprise system that we The Bulgarian people are proving great work that goes on in our school enjoy. themselves to be courageous and capa- districts. I am glad the rest of the Na- Mr. Speaker, there is good news ble to meet the challenges of political, tion finally knows about it as well. about the economy that is out. In defense and economic transformation. LaGrange High School has a long tra- April, this economy created 274,000 new I want to thank my hosts Tuesday of dition of providing students with the jobs. Also in April, we saw that retail the enthusiastic economic team of kind of education that truly helps our sales exceeded projections. We thought Prime Minister Simeon Saxe-Coburgi children succeed in life. we would have a .7 percent retail sales Gotha, Foreign Minister Solomon Columbus High School traces its his- growth; in fact, we had a 1.4 percent re- Passy and President Georgi Purvanov. tory back to the 1890s, so it is no won- tail sales growth. Also, America is well represented in der the school is a perennial education Mr. Speaker, it just shows that man- Bulgaria by Ambassador Jim Pardew all-star; practice makes perfect. ufacturing numbers are up. Capital in- and his gracious wife Kathy. Campbell High School has upheld the vestment is up. Manufacturing invest- In conclusion, God bless our troops, standard of excellence in Cobb County ment and output is up. The economy is and we will never forget September 11. for years, its teachers, staff, and stu- at work, and it is working for Amer- f dents showing a relentless ambition for ica’s families. achievement, and, just last week, America’s small businesses are doing DEMOCRATS WILL FIGHT REPUB- hosted our Vice President for a discus- their job, and I salute those small busi- LICAN ABUSE OF POWER IN SEN- sion on Social Security. ness owners. ATE Mr. Speaker, I ask that my col- f (Ms. SLAUGHTER asked and was leagues join me in congratulating these given permission to address the House schools. GOOD NEWS AND BAD NEWS FOR U.S. ECONOMY for 1 minute and to revise and extend f her remarks.) (Mrs. MALONEY asked and was given Ms. SLAUGHTER. Mr. Speaker, the AMERICAN PEOPLE SUPPORT permission to address the House for 1 congressional Republican abuses of FILIBUSTER minute.) power continue in the Senate where (Mr. PALLONE asked and was given Mrs. MALONEY. Mr. Speaker, thank- Senator FRIST is preparing to change permission to address the House for 1 fully, there have been a couple of the Senate rules for the first time in minute.) bright spots over the past week in the 200 years. Mr. PALLONE. Mr. Speaker, I just economy. April was just the sixth Senator FRIST and Senate Repub- want to stress that the protection of month during this administration in licans are waging an unprecedented po- the filibuster is something that the which at least 250,000 jobs were created, litical power grab. They are changing American people support. a welcome relief for this struggling the rules in the middle of the game and I heard one of my colleagues just a economy. Meanwhile, the trade deficit attacking our historic system of few minutes ago talk about the New in March decreased from its record checks and balances so they can ram Jersey filibuster which is down here at high level in February, though it is through a small number of judicial the Mall with a group of people who are still on pace to become a record year, nominees who otherwise cannot trying to make the point that we must the highest trade deficit in the history achieve consensus because of their poor protect the filibuster. We should not of our country. record of protecting individual rights. repeal it as the Republicans want to Still, the positive news on the econ- Our House Democrats join our col- do, because it does protect minority omy is often accompanied by equally leagues in the Senate committed to rights. It protects individual freedoms troubling news. New statistics show fight this Republican abuse of power. in terms of making sure that justices that each paycheck American workers We will protect the role of the judici- and judges that are appointed are those take home ends up buying less and less. ary as the guardian of the rights of all that have a consensus. The prices of many basic goods from Americans, assuring that all judges I want to say that, in my State, it is gas to milk have shot up, but workers’ who are confirmed in the Federal not just the people involved in the New wages have not kept pace. Americans courts be as intellectually honest and Jersey filibuster; a lot of other people are working hard and producing more, fair as possible, rather than ruling just have expressed their concern on this but they are not seeing the benefits in on one side of one interest. issue. Just a week or two ago, I was at their buying power. This is terrible Drunk with power, rewriting the Princeton University outside the Frist news for America’s families. We have rules is what has been happening in Student Center, and the students there to have those wages at least keep pace Washington the most in recent years. at Princeton University were con- with inflation. The House Republican leadership tried ducting a 24-hour filibuster which went f on for almost 2 weeks, I think it may to weaken the House ethics rules to PROVIDING FOR CONSIDERATION still be going on, because they felt so protect one of their own, and they OF H.R. 1544, FASTER AND strongly about this issue. They feel failed. Let us not let the Senate do the SMARTER FUNDING FOR FIRST strongly about it because it has been same. RESPONDERS ACT OF 2005 f around for so long. It is over 200 years now that the Senate rules have pro- Mr. SESSIONS. Mr. Speaker, by di- CONGRATULATING ELEVENTH vided for a filibuster, and that is what rection of the Committee on Rules, I DISTRICT HIGH SCHOOLS our Founding Fathers wanted, because call up House Resolution 269 and ask (Mr. GINGREY asked and was given they did not want an abuse of power. for its immediate consideration. permission to address the House for 1 They did not want the majority to be The Clerk read the resolution, as fol- minute and to revise and extend his re- the absolute rule. lows: H. RES. 269 marks.) f Mr. GINGREY. Mr. Speaker, I rise Resolved, That at any time after the adop- today in praise of three very impres- PRAISING AMERICA’S SMALL tion of this resolution the Speaker may, pur- sive schools in my district, Columbus BUSINESS OWNERS suant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the High School, LaGrange High School, (Mrs. BLACKBURN asked and was Whole House on the state of the Union for and Campbell High School, which were given permission to address the House consideration of the bill (H.R. 1544) to pro- selected by Newsweek magazine among for 1 minute and to revise and extend vide faster and smarter funding for first re- the top high schools in America. her remarks.) sponders, and for other purposes. The first

VerDate Aug 04 2004 00:42 May 13, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.006 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3205 reading of the bill shall be dispensed with. brave men and women who are our first Mr. Speaker, I thank the gentleman All points of order against consideration of line of defense against terrorism, where from Texas (Mr. SESSIONS) for yielding the bill are waived. General debate shall be it is needed most while also endorsing me time. confined to the bill and shall not exceed one undisciplined spending on the home- hour equally divided and controlled by the Mr. Speaker, today we will debate bi- chairman and ranking minority member of land security front. partisan legislation from the Select the Committee on Homeland Security. After This legislation also reflects an Committee on Homeland Security to general debate the bill shall be considered agreement among policymakers here in improve funding for first responders. for amendment under the five-minute rule. It the House: first of all, on the need to In this new post-9/11 era, ensuring shall be in order to consider as an original award Federal terrorism preparedness that our country is protecting itself bill for the purpose of amendment under the grants on the basis of risk; on the im- from attack is of prime importance. I five-minute rule the amendment in the na- portance of ensuring that such grants am especially proud of the efforts of ture of a substitute recommended by the Committee on Homeland Security now print- are spent in a timely manner; and on my hometown of Sacramento. Federal ed in the bill. The committee amendment in the necessity of ensuring collaboration officials have recently highlighted Sac- the nature of a substitute shall be considered between neighboring jurisdictions. ramento as an example to other local- as read. All points of order against the com- As Members of Congress, we have ities of how to efficiently spend Fed- mittee amendment in the nature of a sub- seen all too clearly the problems asso- eral anti-terrorism dollars. stitute are waived. Notwithstanding clause ciated with coordinating the effective Already, Sacramento’s main agencies 11 of rule XVIII, no amendment to the com- and efficient allocation of these new tasked for homeland security, police, mittee amendment in the nature of sub- funds to fight and defend against acts stitute shall be in order except those printed sheriff, health and the city and metro in the report of the Committee on Rules ac- of terrorism on our shores. Since 2001, fire departments, are all coordinating companying this resolution. Each such the Federal Government has made their efforts. amendment may be offered only in the order roughly $30 billion available in grant The five agencies have already printed in the report, may be offered only by funding for this purpose, but approxi- agreed to share all of the homeland se- a Member designated in the report, shall be mately $4.1 billion awarded by the De- curity dollars, a unique show of co- considered as read, shall be debatable for the partment of Homeland Security still operation when limited funding is at time specified in the report equally divided remains in the pipeline, unspent, along stake. Not only have the agencies and controlled by the proponent and an op- with another $2.4 billion recently added ponent, shall not be subject to amendment, standardized protective suits and gas and shall not be subject to a demand for divi- from 2005. masks, but a massive 9,000 emergency sion of the question in the House or in the This bottleneck in getting our first personnel training effort is under way. Committee of the Whole. All points of order responders the funds that they need to With all of Sacramento’s hard work, I against such amendments are waived. At the protect our safety is unacceptable, and am not surprised that Federal officials conclusion of consideration of the bill for this legislation will get these terrorism are singling their efforts out. amendment the Committee shall rise and re- preparedness funds into the hands of What we are doing today will help port the bill to the House with such amend- those who need it most, by ensuring ments as may have been adopted. Any Mem- these first responders in their work. ber may demand a separate vote in the that guarantee that no State or terri- Currently, base funding for homeland House on any amendment adopted in the tory falls below a certain base level of security assistance programs is distrib- Committee of the Whole to the bill or to the funding while also ensuring that States uted among the States according to a committee amendment in the nature of a prioritize their own anti-terrorism strict formula. This formula has re- substitute. The previous question shall be spending on the basis of risk and need. sulted in greater funding going to considered as ordered on the bill and amend- By providing financial encourage- lower-risk States like Wyoming on a ments thereto to final passage without inter- ments to States that pass through per capita basis rather than more at- vening motion except one motion to recom- mit with or without instructions. their awarded funds to localities within risk States like New York and my tight timeframes, this legislation home State of California. b 1030 makes our funding for such programs This bill would alter the funding allo- The SPEAKER pro tempore (Mr. faster. And by allocating grant awards cation to States based on threat and LATHAM). The gentleman from Texas to States and regions based on an as- risk. However, each State would be (Mr. SESSIONS) is recognized for 1 hour. sessment of risk and need to achieve guaranteed a minimum if its dollar Mr. SESSIONS. Mr. Speaker, for the clear and measurable preparedness amount fell below a specified level. purpose of debate only, I yield the cus- goals, this legislation also makes our Even the 9/11 Commission recommends tomary 30 minutes to the gentlewoman funding for such programs smarter. that Federal dollars supplement State from California (Ms. MATSUI), pending Mr. Speaker, H.R. 1544 fulfills the and local efforts that fall in higher- which I yield myself such time as I recommendations included in the 9/11 risk areas. This is a commonsense pro- may consume. During consideration of Commission report, and recognizes the posal. this resolution, all time yielded is for fundamental reality that terrorists are I am pleased that this reform will the purpose of debate only. not arbitrary in selecting their targets, greatly benefit California and my Mr. Speaker, I rise today in strong so we cannot be arbitrary in our efforts hometown of Sacramento. Further, support of this rule and the underlying to protect our Nation. By streamlining this bill continues Federal support for legislation, H.R. 1544, the Faster and the grant process and giving States and the Urban Area Security Initiative, Smarter Funding for First Responders regions the tools that they need to de- which Sacramento has received funding Act of 2005. This bill sponsored by my velop specific flexible and measurable through, in addition to other Federal good friend, the gentleman from Cali- goals, this bill will make sure that grant programs. fornia (Mr. COX), has the support of 40 every Federal dollar allocated for the H.R. 1544 also recognizes the in- bipartisan co-sponsors and was accept- purpose of defending our security is creased risk to our region posed by our ed at both its subcommittee and full used effectively and efficiently. flood control systems by specifically committee markups with unanimous I encourage all my colleagues to sup- including dams in its list of critical in- consent of the majority and minority port this rule and the underlying legis- frastructure. Its inclusion will allow membership of the new Select Com- lation which brings a risk-based ap- consideration of flood control levees mittee on Homeland Security. proach to addressing our country’s and dams as a factor in determining The goal of this bipartisan legisla- most pressing homeland security the risk a community faces. tion is simple: to reform the way the needs. I would like to take this opportunity Department of Homeland Security Mr. Speaker, I reserve the balance of to thank the ranking member, the gen- issues terrorism preparedness grants to my time. tleman from Mississippi (Mr. THOMP- States and local governments so they (Ms. MATSUI asked and was given SON), for highlighting this issue of can prepare for, prevent, respond to, permission to revise and extend her re- great concern to both our districts. Our and recover from acts of terrorism. It marks.) communities are faced with a con- also expedites the delivery of Federal Ms. MATSUI. Mr. Speaker, I yield tinuing risk of flooding. Sacramento’s assistance to first responders, those myself such time as I may consume. flood risk is among the highest of

VerDate Aug 04 2004 00:42 May 13, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A12MY7.001 H12PT1 H3206 CONGRESSIONAL RECORD — HOUSE May 12, 2005 major urban areas in the country. Lo- young Members to be with us. He is the or nothing to do with securing our cated at the confluence of the Sac- chairman for the Subcommittee on homeland. This bill will help correct ramento and American rivers, the Sac- Management, Integration, and Over- that situation. ramento floodplain is the hub of a 6- sight. I also want to make clear what this county regional economy that provides Mr. ROGERS of Alabama. Mr. Speak- bill does not do. Essential programs 800,000 jobs for 1.5 million people. A er, I thank my friend and colleague, like FIRE grants, COPS, grants bullet- major flood along the American River the gentleman from Texas (Mr. SES- proof vests funding, or secure school would cripple this economy, cause be- SIONS), for yielding me time. initiatives for local police are not af- tween 7 and $16 billion in direct prop- Mr. Speaker, I rise today in strong fected. These programs have provided erty damages, and likely result in sig- support of H. Res. 269. This rule would rural areas, like my district, with mil- nificant loss of life. provide for the consideration of H.R. lions of dollars for new safety equip- While we typically view the levee 1544, the Faster and Smarter Funding ment and vehicles, and I will continue system as our first line of defense for First Responders Act of 2005. to do my part to ensure they are fully against Mother Nature’s raging storms, In the years since 9/11, our Nation has funded each year. we must also face the reality that this spent billions of dollars to strengthen H.R. 1544 is bipartisan, both in spirit critical infrastructure must be pro- our firefighters, police, and emergency and intent. Every Member of the Com- tected from terrorist attack. A major personnel. These hard-working Ameri- mittee on Homeland Security, both Re- levee failure or a terrorist attack at cans known as our first responders are publicans and Democrats, have signed the dam upstream would be absolutely the frontlines of our Nation’s homeland on to this bill as original cosponsors, devastating to the region. defense. They keep our communities and the committee reported it out by a The addition of this provision by the safe, and they respond when disaster unanimous voice vote. Select Committee on Homeland Secu- strikes. The bill also closely resembles the 9/ rity shows why amendments and in- The bill we will be debating today is 11 reform legislation passed by the creased discussion of this bill are so a good piece of legislation and is de- House during the 108th Congress and important. And I am glad to see that signed with our first responders in has been endorsed by the 9/11 Commis- the Committee on Rules did make in mind. It does several things. First, it sion and a majority of first responder order a few of the amendments that reforms the grant funding system that groups nationwide. were brought before our committee. most States, including my home State I am pleased to support this legisla- But I must express my disappointment of Alabama, believe is ineffective. tion and ask for support of this rule so that this bill will not be debated today For example, a 2004 committee report the House can consider it today. under a more open process. I believe found that nearly 85 percent of the I want to thank the gentleman from that there are a number of other grants distributed to States have not California (Chairman COX) for his ongo- amendments that, while we may dis- yet been utilized. And because current ing efforts to advance this legislation. agree on the position, they are worth law requires a minimal level of funding Ms. MATSUI. Mr. Speaker, I yield 4 continued debate on the House floor. given to States, many States receive a minutes to the gentleman from New For example, while the Select Com- lump sum of money from DHS without Jersey (Mr. MENENDEZ). mittee on Homeland Security explored a clear understanding of how to spend (Mr. MENENDEZ asked and was the issue of whether all first responder it. given permission to revise and extend grants should be awarded strictly on his remarks.) b 1045 the basis of risk, doing away altogether Mr. MENENDEZ. Mr. Speaker, I want with State minimum award require- Three-and-a-half years after 9/11 I to thank the gentlewoman from Cali- ments, I think there are a number of find this unacceptable. Yet these facts fornia for yielding me this time. Members that would like to see this speak to the need for a bipartisan re- On September 11, more than 700 of issue debated before the full House. form which will ensure taxpayers know our friends and neighbors from my Even the gentleman from California what they are getting. State of New Jersey never returned (Mr. COX) acknowledged that while he Second, H.R. 1544 helps the Federal home from work and never returned to personally would like to see all first re- Government allocate first responder their families. The smoking ruins of sponder funding allocated by risk, the funding based on actual risk. Under the Twin Towers were visible for my issue of ensuring each State receives a this legislation, States like Alabama entire district to see, and many of the minimum was an important com- would be required to submit an annual police and emergency response per- promise in his committee. An amend- State homeland security plan to the sonnel that responded so heroically to ment addressing this exact issue was Federal Government. This plan would the attacks were from New Jersey. brought before the Committee on outline the State’s projected risks to 16 Yet, here we are 3 years and 8 months Rules, but it was not made in order. economic sectors, such as agriculture, later and our current homeland secu- I strongly support the underlying the number of military bases and its rity funding is not based on risk and bill, and I am pleased it was reported transportation infrastructure. States threats. That is why I rise in strong out in bipartisan fashion. I commend meeting these risk criteria would be el- support of this important legislation the Select Committee on Homeland Se- igible for a greater funding. which will finally direct Federal assist- curity for their extensive debates on For our rural areas, this could mean ance to those first responders serving the best strategies to improve the new funding sources. For example, where the need is greatest. We know funding streams for our first respond- States like Alabama could see in- the enemy seeks to attack again. We ers. I imagine there are many diver- creased funding for agro-terror initia- just do not know when and where it gent opinions on this matter, and it tives. States with a heavy military in- will occur. would be excellent debate for us to dustrial base could receive additional New Jersey faces unique terrorism have had here today. It is unfortunate assistance to protect communities near threats that require a greater portion the Committee on Rules did not open bases, and of course, ports like Mobile of homeland security aid due to its this rule so we could continue this full would continue to receive much-needed proximity to New York City and to its dialogue today. support for cargo security initiatives. vast number of potential targets of ter- Mr. Speaker, I reserve the balance of I do want to acknowledge that H.R. ror, such as the largest seaport on the my time. 1544 changes the minimum level of east coast, one of the busiest airports Mr. SESSIONS. Mr. Speaker, I yield 5 guaranteed funding to each State, and in the country, an area known as the minutes to the gentleman from Ala- while some of my colleagues have ‘‘chemical coastway,’’ our four nuclear bama (Mr. ROGERS). Mr. Speaker, one called this a cut, I like to think of it as power plants, and the six tunnels and of the advantages of having a great bi- better use of limited homeland secu- bridges that connect New Jersey to partisan bill means that we have good rity dollars. New York City. leadership in the Select Committee on We all know of instances where the If that were not enough, the Federal Homeland Security, and today I am Federal Government funds State Bureau of Investigation has placed very pleased for one of our bright new projects which, in reality, have little more than a dozen New Jersey sites on

VerDate Aug 04 2004 00:42 May 13, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.009 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3207 the National Critical Infrastructure Since before the terrorist attacks of helping New York during that very List and has called the area in my dis- September 11, experts from across the tragic period, and I thank very much trict between Port Newark and Newark political spectrum have urged these the leadership of the gentleman from International Airport the most dan- kinds of reforms that are in this bill. California (Chairman COX) and the gen- gerous 2 miles in the United States These improvements include clear pre- tleman from Mississippi (Ranking when it comes to terrorism. A recent paredness standards to guide State ex- Member THOMPSON) on the Faster and article in the New York Times pointed penditures, mutual aid agreements, Smarter Funding for First Responders out that this 2-mile area provides a interoperable equipment and better Act. ‘‘convenient way to cripple the econ- planning and coordination between This is not a perfect bill but it does omy by disrupting major portions of first responders at all levels of govern- fundamentally change the way we dis- the country’s rail lines, oil storage ment. tribute homeland security grants for tanks and refineries, pipelines, air traf- I also want to applaud the gentleman first responders. fic, communications networks and from California (Chairman COX) for his This bill will distribute all homeland highway system.’’ willingness to carry this bill forward in security funding on the basis of risk, Yet the State’s homeland security an open and fair process. rather than thinly spreading it around funding was cut in this fiscal year by 34 As the chairman of the Committee on the country, with absolutely no stand- percent. In my district, two high-risk Transportation and Infrastructure’s ards, no basis for risk and absolutely urban areas saw their funding reduced Subcommittee on Economic Develop- no justification as to how the money by 17 and 60 percent respectively. Mr. ment, Public Buildings and Emergency was to be spent. Speaker, the current system of allo- Management, I can say with confidence While the Department of Homeland cating homeland security funds is bro- that we have a stronger bill today be- Security has always had the authority ken and needs to be fixed immediately. cause of the efforts of the gentleman to distribute the majority of homeland security funding on the basis of risk, The 9/11 Commission report said that, from California (Chairman COX) and ‘‘Homeland security assistance should the gentleman from Alaska (Chairman they have never done so. Previously, heavily populated States and heavily be based strictly on an assessment of YOUNG). risks and vulnerabilities.’’ That is ex- I particularly want to thank the gen- threatened or high-threat States like New York only received about $4 per actly what the Menendez substitute to tleman from California (Mr. COX) for the intelligence reform bill would have working with the Committee on Trans- capita, while other States, like Wyo- accomplished last October. That is ex- portation and Infrastructure to incor- ming, received close to $28 per person. What might have been even worse is actly what I fought for in the con- porate two important principles that States were not required pre- ference report on that legislation and throughout this bill: a commitment to viously to justify need or to justify what I sought to accomplish earlier the Nation’s all hazards emergency how they were spending the money. this year when I introduced the Risk- system and minimum funding for all They just got a check. We had no Based Homeland Security Funding Act States. standards, and we had no way of know- with Senators CORZINE and LAUTEN- We must remember that first re- ing what level of preparedness we had BERG. sponders have to deal with all kinds of in this country in our various localities We must take every step to secure disasters, regardless of the cause, and and States. that our first responder programs must our communities from the threat of This bill should be the end of this and terrorism, and this bill will ensure that address terrorism in that context. hopefully the end of troubling press re- the first responders on the front lines There are no terrorism fire stations in ports of mis-spent homeland security of this war in both New Jersey and this country. Firefighters respond to funding. across the country will receive a much- everything. The Cox bill recognizes While I would have liked to have seen needed increase in Federal homeland this and ensures that terrorism pre- a bill with no State minimums, be- security funding. paredness is fully compatible with our cause I do not support funding home- The House of Representatives must existing all hazards system. land security projects without first de- pass this important piece of legislation The second principle acknowledges termining a need, I understand the today, and the Senate should act as that every State must have basic re- delicate negotiations that went into quickly as possible to get it to the sponse capabilities. I come from a this bill. Again, this bill is not perfect President’s desk. State with two very large metropolitan but a much better way of protecting I urge all of my colleagues to support areas, but I recognize that terrorists our country, and that is why I am sup- this bill. It will turn the 9/11 Commis- can attack outside of these big cities. porting it. sion’s recommendation into law, while Furthermore, if there is a cata- Like many of my colleagues, I will be protecting those areas and targets that strophic attack in a large urban area, watching the way the funding is dis- are at the greatest risk of a future at- local response agencies will be over- tributed to make sure that the promise tack. whelmed and will require assistance of this bill is fulfilled and that it is di- Mr. SESSIONS. Mr. Speaker, I yield 3 from units across this country, subur- rected where the need is in our country minutes to the gentleman from Penn- ban areas as well as rural areas. These to protect our citizens. sylvania (Mr. SHUSTER), the sub- units will need proper equipment and Mr. SESSIONS. Mr. Speaker, I yield 3 committee chairman of the Sub- training to effectively integrate into a minutes to the gentleman from New committee on Economic Development, large-scale disaster response. Jersey (Mr. FRELINGHUYSEN). Public Buildings and Emergency Man- States need a guaranteed minimum (Mr. FRELINGHUYSEN asked and agement for the Committee on Trans- level of funding to meet both these re- was given permission to revise and ex- portation and Infrastructure. quirements. tend his remarks.) Mr. SHUSTER. Mr. Speaker, I thank I would again like to commend the Mr. FRELINGHUYSEN. Mr. Speaker, the gentleman from Texas for yielding gentleman from California (Mr. COX) I thank the gentleman for yielding me me time. for his hard work and leadership and time. Mr. Speaker, this is a good and fair urge my colleagues to support the rule Mr. Speaker, I rise in strong support rule that provides ample time to dis- and the underlying bill. of the rule and of H.R. 1544. I commend cuss this very, very important issue. I Ms. MATSUI. Mr. Speaker, I yield 3 the gentleman from California (Chair- urge my colleagues to support the rule minutes to the gentlewoman from New man COX) and his committee for their and to support the Faster and Smarter York (Mrs. MALONEY). great work on this essential legisla- Funding for First Responders Act. Mrs. MALONEY. Mr. Speaker, I tion. Mr. Speaker, I would like to applaud thank the gentlewoman for yielding me This legislation is an issue of great the gentleman from California’s time, and I rise in support of the rule importance for our Nation, but it is (Chairman COX) commitment to first on H.R. 1544. also a huge priority for New Jersey, responders and for developing a bill It has been 3 years and 8 months which lost, as the gentleman from New that better prepares our Nation for ter- since 9/11. I thank my colleagues for Jersey (Mr. MENENDEZ) said, 700 resi- rorism. coming together and being so unified in dents on September 11, 2001.

VerDate Aug 04 2004 00:42 May 13, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.011 H12PT1 H3208 CONGRESSIONAL RECORD — HOUSE May 12, 2005 The 9/11 Commission recommenda- responders. Terrorists are targeting nates on both sides of the aisle of this tions rightly stated: ‘‘Homeland secu- high-profile targets in our major met- great Chamber. The Members of this rity assistance should be based strictly ropolitan areas, and we must ensure we body recognize that the challenges we on an assessment of risks and have the funds they need. face are unique in our history. No pre- vulnerabilities. Federal homeland secu- The 9/11 Commission, which I strong- vious generation has had to combat the rity assistance should not remain a ly supported, recommended we allocate threat to the homeland that we face program for general revenue sharing. It grant funding based on risk, not poli- right now. should supplement State and local re- tics. This bipartisan legislation does Today’s terrorists are determined to sources based on the risks or just that. It goes where it is most need- wage war against us not on some over- vulnerabilities that merit additional ed. I cannot tell you if my State of seas battlefield, but in our cities, ports, support. Congress should not use this Connecticut gains funds or loses funds and transportation hubs. This is why money as a pork barrel.’’ under this bill, but that cannot be the this bill is so important. It makes sure Both the President in his budget and, issue. The question is: Are funds going that we take into account threats, most recently, the Committee on Ap- where we have the greatest risk? And vulnerabilities, and consequences of at- propriations Subcommittee on Home- the answer to that question is: Yes. We tack as we decide how to best spend land Security in their bill just passed are following the 9/11 Commission rec- our anti-terrorism dollars. out of full committee have echoed this ommendation. It is going where we This bill is also necessary because it important recommendation. have the greatest need. confronts the issue of threats to the Since September 11, 2001, U.S. intel- H.R. 1544 will distribute first re- homeland head on. It directs appro- ligence reports that our New York-New sponder grants based on threat, vulner- priate State authorities to come up Jersey region is still among the most ability, and consequences of a terrorist with a comprehensive homeland secu- attractive targets for terrorists. For attack to persons and critical infra- rity plan tied to the achievement, all of our critical infrastructure of the structure sectors throughout the maintenance, and enhancement of the trans-Hudson tunnels, airports, sea- United States. This will allow stream- essential capabilities established by ports, oil refineries, chemical manufac- lining terrorism preparedness grants to the Department of Homeland Security. In developing those essential capa- turing, population density, financial our first responders who, again, need it bilities, the Department is required to centers in both lower Manhattan and most. seek the input of those on the in Jersey City, our basic close relation- As chairman of the Subcommittee on frontlines: local police; fire depart- ship with New York City, anti-ter- National Security, Emerging Threats ments; and EMS units, emergency med- rorism experts continue to acknowl- and International Relations, I know ical service units. This provision is edge that the risk of terrorism re- this legislation allocating these re- vital because combating terrorism is a mains. sources based on risk is essential to my nationwide problem that calls for co- Yet, despite the best efforts of the communities, my State, and our Na- operation between officials at the President, homeland security officials tion. H.R. 1544 is an important step to- local, State, and Federal levels. and Members of Congress, these secu- wards enhancing our Nation’s response Finally, the bill requires the Depart- rity funds continue to be distributed to to terrorist attacks. ment to set national standards for first The bottom line is, it is not a ques- States based on population, rather responder equipment and training so than risk and vulnerability. That is tion of if, but of when terrorists will that all frontline units responding to a why this bill needs to be passed in its strike again. The legislation is essen- terrorist attack will be able to operate present form. tial because it helps ensure that when effectively. Fortunately, the legislation address- they do, our first responders, who need The Faster and Smarter Funding for es our concerns and follows the Com- the resources the most, will be better First Responders Act of 2005 is an im- mission’s recommendations. We are able to protect the communities they portant tool for safeguarding the sending more Federal homeland secu- serve. homeland. It is a positive step towards rity to States like New Jersey and Congratulations to the chairman, the development of an effective homeland other high-threat areas where risk is gentleman from California (Mr. COX), security policy, and I support it whole- greatest and critical infrastructure and the ranking member, the gen- heartedly. must be better protected against ter- tleman from Mississippi (Mr. THOMP- Ms. MATSUI. Mr. Speaker, I con- rorism. SON), and to the Members on both sides tinue to reserve the balance of my H.R. 1544 establishes a more rational of the aisle who have worked in a bi- time. approach to distributing homeland se- partisan manner to make our Nation Mr. SESSIONS. Mr. Speaker, I yield 3 curity funding by sending more re- safer. minutes to the very distinguished gen- sources to where they are needed. As Ms. MATSUI. Mr. Speaker, I con- tleman from Nevada (Mr. GIBBONS), a we learned on September 11, terrorists tinue to reserve the balance of my young man who was on the frontline, a do not arbitrarily select their targets. time. captain, a pilot in the United States Therefore, homeland security funding Mr. SESSIONS. Mr. Speaker, I yield 3 Air Force, who served during the Per- cannot be arbitrarily distributed. minutes to the gentleman from Penn- sian Gulf War and who is a Member of This legislation would ensure that sylvania (Mr. DENT), one of our bright Congress, serving since the 104th Con- homeland security grants are awarded new young Members. gress. And while this country has great according to an assessment of risk and Mr. DENT. Mr. Speaker, I rise to respect for the men and women who are vulnerability, not just population. speak in support of the rule and H.R. on the frontlines defending our country For these and many other reasons, 1544, the Faster and Smarter Funding in the United States military today, we Mr. Speaker, this bill and this rule for First Responders Act of 2005. also remember back to those first men needs to be supported. Mr. Speaker, it is said that in this and women of the military during the country politics end at the water’s Persian Gulf War who were standing b 1100 edge. This is certainly the case with ready not only to protect this country, Ms. MATSUI. Mr. Speaker, I con- this legislation. The Select Committee but also to liberate others and to pro- tinue to reserve the balance of my on Homeland Security, on which I vide freedom. time. serve, passed this bill unanimously. Mr. GIBBONS. Well, Mr. Speaker, I Mr. SESSIONS. Mr. Speaker, at this This occurred because the idea behind thank the gentleman from Texas (Mr. time I yield 3 minutes to the gen- the legislation is a bipartisan one: SESSIONS), my friend and colleague, for tleman from Connecticut (Mr. SHAYS). combat the threat of terrorism at that generous introduction; and I rise Mr. SHAYS. Mr. Speaker, I rise in home by directing funds to those local- today, Mr. Speaker, in support of both support of the Faster and Smarter ities that are most at risk for terrorist the rule and the overall bill, H.R. 1544, Funding for First Responders Act. In attack. the Faster and Smarter Funding for the post-September 11, 2001, world that The idea that funding should be First Responders Act of 2005. we live in, it is clear we need a more ef- based on risk and security rather than As a member of the Select Com- fective approach to funding our first on political concerns is one that reso- mittee on Homeland Security, I am

VerDate Aug 04 2004 00:42 May 13, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.013 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3209 proud to be an original cosponsor of preparing this important piece of legis- no, it is not. And the question is also this bipartisan bill; and I congratulate lation to ensure its success. So I am whether it is being spent properly, in a the chairman, the gentleman from very, very proud of the chairman from way that makes us more prepared. California (Mr. COX), and the ranking Orange County, California (Mr. COX). And, unfortunately, the answer to that member, the gentleman from Mis- Mr. COX. Mr. Speaker, I thank the question is, not always. sissippi (Mr. THOMPSON), for their dili- gentleman from Texas (Mr. SESSIONS), There are opportunities for major im- gent work on this act. my older brother, for all the work that provement, and that is what this bill is This bipartisan bill will help expedite he did. all about. It is called the Faster and the homeland security grant process Really, in all seriousness, Mr. Speak- Smarter Funding for First Responder and ensure that money gets to those er, I want to begin by thanking the Act because it solves both those prob- who need it the most, our first respond- gentleman from Texas, who, as a mem- lems. It will get the money to the ers. Importantly for my State, the ber of the Select Committee on Home- frontlines faster, and it will make sure State of Nevada, this bill will allow the land Security for 2 years was instru- that we are spending the money based Department of Homeland Security to mental in writing this legislation; who, on what we know from our intelligence take into account both resident and as a Member of the Committee on about terrorist threats and capabili- tourist populations when determining Rules in the 109th Congress, has been ties, our own vulnerabilities, and the a State’s funding for terrorism pre- appointed by the chairman as liaison consequences of terrorist attacks. paredness. to the Select Committee on Homeland I strongly support this rule and look My fellow Nevadans know that tour- Security and has made possible the forward to passage of the bill later ism is a significant part of our State’s process by which we will consider this today. industry and our population. On any bill on the floor today. Ms. MATSUI. Mr. Speaker, I yield 3 given day of the year, Nevada hosts In fact, it really merits pointing out minutes to the gentleman from New hundreds of thousands of tourists from today that the Committee on Rules of York (Mr. NADLER). across the country and around the the House of Representatives has Mr. NADLER. Mr. Speaker, I thank world. Las Vegas Boulevard, Mr. played a special role in the establish- the gentlewoman for yielding me this Speaker, has more hotel rooms than ment of the Select Committee on time. any other city in the world. According Homeland Security, for which this is Mr. Speaker, on September 11, 4 to Nevada’s Commission on Tourism, the first major legislative effort on the years ago, fanatic Islamic terrorists at- Nevada welcomed over 50 million tour- floor this year. tacked our country, hijacked our ists alone just last year. In the last Congress, not only the planes, rammed the Pentagon, and de- Prior to this bill, terrorism prepared- gentleman from Texas (Mr. SESSIONS) stroyed the World Trade Center that ness grant funding did not take tour- but also the gentlewoman from New was located in my district. This is ism into consideration in determining York (Ms. SLAUGHTER); the gentleman deadly serious business, and we do not a State’s population. Yet Nevada’s first from Florida (Mr. LINCOLN DIAZ- have a dime to waste. This bill, while responders were and remain responsible BALART), who is the chairman of the certainly an improvement over current for protecting everyone, residents and Subcommittee on Rules of the Select law, still includes State-based formula visitors, 24 hours a day, 7 days a week. Committee on Homeland Security; the funding. To ignore the tourism population in de- gentleman from California (Mr. I offered an amendment to eliminate termining a State’s level of risk simply DREIER), chairman of the full Com- the State minimum section of the bill ignores a large population within a po- mittee on Rules; the gentleman from to ensure that all homeland security tential terrorist target. Georgia (Mr. LINDER), who is now funding is distributed on the basis of The First Responders Act of 2005 will chairman of the Subcommittee on Pre- risk. Unfortunately, that amendment help States with large tourism popu- vention of Nuclear and Biological At- was not made in order by this restric- lations, like Nevada, receive a more eq- tack of the Select Committee on tive rule. I am saddened that there are uitable allocation of tourism prepared- Homeland Security; and Porter Goss of still people in this House who still do ness funds. H.R. 1544 is a step in the Florida, who is now the Director of the not get it. How many times do we have right direction and, in fact, should Central Intelligence Agency, all were to run for our lives before we realize stand as a model for all homeland secu- Members of the Select Committee on this is not a game? We face the serious rity grants. More homeland security Homeland Security in the last Con- threat of terrorism, and we should allo- programs beyond just the terrorism gress and also Members of the Com- cate the homeland security funding preparedness grants should also take mittee on Rules that worked to change based on that threat. into account tourism populations. the jurisdiction of the House of Rep- As we move forward in strengthening resentatives to make sure we would b 1115 our homeland security, I look forward have a focus on this critical national I understand this bill is a delicate po- to achieving this goal and to providing priority that both President Bush and litical compromise. On the whole, I our first responders with the critical the leaders of this Congress have recog- support it because it is better than cur- resources they need to protect the peo- nized as so important that we have re- rent law. But we can do better. ple of this country. I urge my col- organized the entire executive branch State minimums waste homeland se- leagues to support this landmark legis- and now the legislative branch of gov- curity funding. This bill would give lation, and I once again congratulate ernment. That is the process by which States money that cannot be justified the chairman and I congratulate my this rule and the bill that it outlines on the basis of the risk, wasting pre- friend, the gentleman from Texas (Mr. are coming to the floor today. cious resources that should be used to SESSIONS), for their hard work on this Since September 11, over $30 billion protect the American people from real effort. in terrorism preparedness funding has dangers in other States. Ms. MATSUI. Mr. Speaker, I con- gone from the Federal Government to In this wonderful, open, rich, free so- tinue to reserve the balance of my State and local governments. In this ciety in which we live, there are plenty time. year’s budget, President Bush has of real targets that need protecting all Mr. SESSIONS. Mr. Speaker, at this added to the annual amount an incre- across America. The issue of State time I am very, very pleased to yield 3 mental $2 billion more. That will mean minimums is not just about New York. minutes to the gentleman from Cali- that we have had an increase in annual If there are real threats to our food fornia (Mr. COX), the young chairman spending on terrorism preparedness for supply, our energy resources, our na- of the Select Committee on Homeland States and localities since 9/11 of over tional monuments, they should all be Security, a very distinguished Member 2,000 percent. The question is not protected. But we should not give more of Congress, and a man who has worked whether we are putting enough money money to States who cannot dem- very diligently not only on a bipartisan into terrorism preparedness for our onstrate a need while we know there basis with the minority, but also with first responders. The question is wheth- are other States that have needs that the Speaker and in particular with the er the money is making it to the cannot be met. It just does not make Committee on Rules as we went about frontlines. And the answer to that is, sense.

VerDate Aug 04 2004 00:42 May 13, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.016 H12PT1 H3210 CONGRESSIONAL RECORD — HOUSE May 12, 2005 The bipartisan 9/11 Commission rec- endorsed by the 9/11 Commission, and it people find it necessary to direct their ommended that anti-terrorism funding implements their recommendation. attention, that of providing for their be distributed based on risk and not Ms. MATSUI. Mr. Speaker, I yield 3 safety seems to be the first.’’ More based on State formulas or pork-barrel minutes to the gentleman from Rhode than 215 years later, we all agree on spending. We should follow their excel- Island (Mr. LANGEVIN). the importance of protecting the peo- lent advice. The State minimum provi- (Mr. LANGEVIN asked and was given ple. However, this House today finds sion in this bill is in direct violation of permission to revise and extend his re- itself debating the question of just how the 9/11 Commission recommendations. marks.) best should the government protect the In its report, it said that, Homeland se- Mr. LANGEVIN. I thank the gentle- people. curity assistance should be based woman for yielding me this time. In 2001, Congress enacted many strictly on an assessment of risks and Mr. Speaker, I rise in strong support sweeping changes to our Nation’s anti- vulnerabilities.’’ The commission went of the Faster and Smarter Funding for terrorism laws, including the formulas First Responders Act. It is a testament on to say that ‘‘Federal homeland secu- by which States would receive home- to the importance and balanced ap- rity assistance should not remain a land security grants through the pas- proach of this bill that it is cospon- program for general revenue sharing. It sage of the USA PATRIOT Act. Under sored by every Democratic and Repub- should supplement State and local re- the PATRIOT Act, each State is guar- lican member of the Committee on sources based on the risks and anteed to receive three-quarters of a Homeland Security on which I am vulnerabilities that merit additional percent and each territory .25 percent proud to serve. The 9/11 Commission support. Congress should not use this of the total amount appropriated each and countless others have urged a more money as pork barrel.’’ year for terrorism preparedness grants. risk-based approach to homeland secu- My amendment would have stricken The balance of the funds is then dis- rity funding. Unfortunately, we have these State minimums and distributed tributed to each State and territory been too slow to adopt this rec- these grants in a manner that address- based on population. ommendation because, while we may es the highest priority threats and In hindsight, we can see that this agree on a risk-based method in the- vulnerabilities of the Nation. There are system of allocation is flawed. For ex- ory, every Member wants his or her very real and known terrorist threats ample, in fiscal year 2005, the minimum district to receive the most possible against specific targets in the country, allocation for each State is $11.25 mil- Federal assistance. and these homeland security grant pro- lion. Using that total, based on current This bill takes the right approach census numbers, the State of Wyoming grams were created specifically to ad- and represents a long overdue move to- dress these threats. Distributing ter- would receive a minimum guarantee of wards a more effective allocation of $22.23 per person in homeland security rorism response funding without regard scarce resources. H.R. 1544 guarantees to risk is not wise. It is not cost effec- grants while the State of California a minimum funding level for each would receive a minimum guarantee of tive. It is not in the best interests of State because all States must attain a our country’s security. These resources just 31 cents per person. In other words, benchmark level of preparedness and the Federal Government would allo- should go where they are needed, where response capabilities. But beyond this cate approximately 7,100 percent more there is the greatest threat of ter- minimum, the bill would disburse funds funding per capita at a minimum to rorism. Period. based on a risk and threat assessment As noted in the 9/11 Commission’s re- the State of Wyoming than it would to to ensure that they are spent where the State of California for homeland port, ‘‘Those who would allocate they are most needed and will do the money on a different basis should then security grants. most good. That is why I am a cosponsor of H.R. defend their view of the national inter- I am also pleased that this measure 1544 and voted to support the bill in est.’’ I had hoped that the Rules Com- provides for a task force on terrorism committee. It is the responsibility of mittee would have followed the rec- preparedness to assist in updating the this government not only to ensure ommendations of the 9/11 Commission DHS list of essential capabilities for that we are protecting the people but and made my amendment in order. first responders. We must be able to also to ensure that we do so in an effi- Nevertheless, I am pleased that the measure the progress our States are cient and measured fashion. State minimum section in this bill is a making towards an adequate level of Let us be clear about one point. H.R. significant improvement over current preparedness, and it is equally impor- 1544 does not eliminate minimum guar- law by being much smaller, and I hope tant that this baseline be achieved in antees for the States. Under this legis- that when we enter into conference every community throughout the coun- lation, each State, regardless of popu- with the other body, we remain firm try so that American families can feel lation, would receive a minimum of .25 and fight to keep State minimums at secure no matter where they live. percent of the total amount appro- the lowest possible level so that the I would like to note that for risk- priated each year for terrorism pre- risk-based funds can be kept at the based funding to work, however, DHS paredness grants. highest level to fight the real threat of must have a comprehensive threat and H.R. 1544, however, does require the terrorism in our country. vulnerability assessment on which to government to move away from its ar- Mr. SESSIONS. Mr. Speaker, I yield 1 rely. I would urge DHS in the strongest bitrary approach to anti-terrorism minute to the distinguished gentleman possible terms to ensure that this crit- funding toward a more rational ap- from California (Mr. COX). ical piece of the puzzle is a top priority proach. Rather than continuing to sim- Mr. COX. Mr. Speaker, following on and is completed as soon as possible. ply allow homeland security grant pro- the remarks by my colleague from New With that, Mr. Speaker, let me en- grams to become Federal cash cows for York, who has been a strong supporter courage all of my colleagues to support States and localities, this legislation of reform in this area, I just want to this bipartisan measure. I want to com- focuses our efforts on what is truly im- correct a statement that he made. He mend both Chairman COX and Ranking portant, namely, our Nation’s suggested that this legislation violates Member THOMPSON on their fine work vulnerabilities. the recommendations of the 9/11 Com- on this piece of legislation. Ms. MATSUI. Mr. Speaker, I yield mission. In fact, the 9/11 Commission Mr. SESSIONS. Mr. Speaker, I yield 4 myself such time as I may consume. has expressly endorsed this legislation minutes to the gentleman from Geor- I look forward to hearing the debate in precisely the form that it is coming gia (Mr. LINDER), chairman of the Sub- on this legislation to improve first re- to the floor today and the cochairman, committee on Prevention of Nuclear sponder funding. We all want to ensure Lee Hamilton, of the 9/11 Commission and Biological Attack. our communities are well equipped and took the time to come to the Com- Mr. LINDER. Mr. Speaker, I thank prepared to face any threat. I believe mittee on Homeland Security just a the gentleman from Texas (Mr. SES- that the underlying bill will help ac- few days ago to testify in solid support SIONS) for yielding me the time, and I complish exactly that. of this legislation. rise in support of both the rule and the Mr. Speaker, I yield back the balance And so as we go forward with the bill, underlying legislation, H.R. 1544. of my time. I just want the Members to know that In 1787, John Jay wrote, ‘‘Among the Mr. SESSIONS. Mr. Speaker, I yield this bill in its present form is strongly many objects to which a wise and free myself such time as I may consume.

VerDate Aug 04 2004 00:42 May 13, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.018 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3211 I want to thank the gentlewoman The Chair recognizes the gentleman statewide terrorism preparedness plan from California for her work on this from California (Mr. COX). will ensure that when these applica- bill today. I would also like to thank Mr. COX. Mr. Chairman, I yield my- tions for grants are made, they are di- the gentleman from California (Mr. self such time as I may consume. rectly tied to that statewide plan and COX) and the gentleman from Mis- I rise today in strong support of H.R. also directly tied to the achievement of sissippi (Mr. THOMPSON), from the Com- 1544, the Faster and Smarter Funding national objectives for first responder mittee on Homeland Security; as well for First Responders Act. I am here on preparedness. as the gentleman from New York (Mr. the floor today with the ranking mem- We will have clear standards for the KING), chairman of the Subcommittee ber of the Committee on Homeland Se- first responders so that they will not on Emergency Preparedness, Science, curity, the gentleman from Mississippi have these kinds of questions about re- and Technology; and the gentleman (Mr. THOMPSON). He and I are here to imbursement that have plagued them from Alaska (Mr. YOUNG) of the Com- argue today on behalf of a bill that is in the past. We will know that what we mittee on Transportation and Infra- strongly endorsed by every single Re- are buying in the form of equipment structure for all of their hard work and publican and Democratic member of and training will be directly tied to na- determination in bringing this bill for- the Committee on Homeland Security. tional terrorism preparedness goals. ward. They worked well together. This More than that, this legislation is sup- In recent days, there has been a fair is a bipartisan bill. ported by the Bush administration. We amount of press coverage about abuses of homeland security spending. For ex- The Rules Committee met just sev- have received a formal statement of ample, right here in Washington, D.C., eral days ago and heard how the rank- administration support for this bill. It we learned that $100,000 of this grant ing member and Chairman COX put a is strongly endorsed by the 9/11 Com- money meant for first responder ter- great work package together. The mission whose recommendation that rorism preparedness was instead spent Rules Committee decided to help out a first responder funding be placed on a on a Dale Carnegie course for sanita- little bit. We have made in order with risk basis this bill implements. It is en- tion workers, another $100,000 was this rule three Democrat amendments dorsed by scores of first responder spent to develop a rap song purportedly and two Republican amendments that groups, the men and women on the to educate young people about how to front lines for whom this money is in- will be part of this wonderful bill that be prepared in the case of a terrorist tended. They worked with us over a pe- will be debated in just a few minutes attack. here in this House. I am very proud of riod of over 2 years, first to identify These kinds of abuses will come to an the work that we have accomplished the problems in the current grant-mak- end as a result of this legislation, and together. I am very proud of the legis- ing system for billions of homeland se- our money will be directed toward lation. curity and terrorism preparedness dol- keeping our first responders, who are Mr. Speaker, I yield back the balance lars and, second, to develop a solution. not only first in line to protect us but of my time, and I move the previous The solution that today’s bill pre- first in line for the terrorists, the first question on the resolution. sents is a simple one. We are going to to die if this system does not work The previous question was ordered. move away from political formulas for right, keeping these people well The resolution was agreed to. allocating these billions of dollars and trained and well equipped. A motion to reconsider was laid on toward a system that relies on the in- I would like to thank, in addition to the table. telligence that the American taxpayer the gentleman from Mississippi (Mr. f already purchases at the price of bil- THOMPSON), ranking member, the other lions of dollars every year, information GENERAL LEAVE members of the Committee on Home- about terrorist capabilities and inten- land Security. There has been a great Mr. COX. Mr. Speaker, I ask unani- tions, information about our own crit- deal of work that has gone into this mous consent that all Members have 5 ical infrastructure and vulnerabilities bill. The last step in bringing this to legislative days in which to revise and and information about the potential the floor was a 13-hour markup in our extend their remarks and include ex- consequences of different kinds of ter- committee. I think what we will find traneous material on H.R. 1544. rorist attacks. In combination, this today, Mr. Chairman, is that this de- The SPEAKER pro tempore (Mr. SES- mix of threat, vulnerability and con- bate will go forward in a very bipar- SIONS). Is there objection to the request sequence is called risk. Funding for tisan fashion. We might not agree of the gentleman from California? first responders in the future is going about all the details of this legislation. There was no objection. to be based upon risk. That is what this We may not agree when we go to con- f bill is all about. ference with the Senate. And when we And we solve the second problem. Of FASTER AND SMARTER FUNDING come back with a conference report, the over $30 billion in terrorism pre- FOR FIRST RESPONDERS ACT hopefully in just a few weeks or maybe paredness moneys that the Federal a few months, we may not agree on The SPEAKER pro tempore. Pursu- Government has made available to every detail. ant to House Resolution 269 and rule States and localities since September But there is a big change in this bill XVIII, the Chair declares the House in 11, some 60 percent of it is not yet that we all agree on, and that is that the Committee of the Whole House on spent. It is stuck in the administrative henceforth moneys for terrorism pre- the State of the Union for the consider- pipeline. paredness that go from Washington to ation of the bill, H.R. 1544. States and localities to our police, to b 1130 b 1127 our firefighters, to our EMS personnel, There are a number of reasons for to people in hospitals who will be there IN THE COMMITTEE OF THE WHOLE this that our committee has discovered in case of a biological attack or indeed Accordingly, the House resolved through field hearings across the coun- to treat the wounded in case of any at- itself into the Committee of the Whole try, hearings here in Washington, and tack, that the people who get these House on the State of the Union for the our own investigation. But at bottom moneys will be assured that, first, the consideration of the bill (H.R. 1544) to it is this: right now there is an ‘‘ad moneys will arrive soon, on time, right provide faster and smarter funding for hockery’’ to the way that moneys are after we want them to be available; first responders, and for other pur- passed around the country. There is no and, second, they will know how to poses, with Mr. CALVERT in the chair. predictability about when the funds spend it and they will know, when they The Clerk read the title of the bill. might arrive, whether reimbursement spend it in accordance with their plans, The CHAIRMAN. Pursuant to the will be there. And the planning, as a re- they will get reimbursed for it. This rule, the bill is considered as having sult, tends to take place after the will move America in the direction been read the first time. money is received, slowing things that we need to go to be prepared for Under the rule, the gentleman from down. another terrorist attack. California (Mr. COX) and the gentleman In our new system, the planning will A great deal of our work in the Com- from Mississippi (Mr. THOMPSON) each be moved at the front end of the proc- mittee on Homeland Security is fo- will control 30 minutes. ess. Every State which already has a cused on preventing terrorist attacks,

VerDate Aug 04 2004 00:42 May 13, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.020 H12PT1 H3212 CONGRESSIONAL RECORD — HOUSE May 12, 2005 as well we should be focused; but I have 108th Congress, and it reflects compromises sponders Act of 2005.’’ The bill was intro- no doubt that someday somewhere ter- reached in consultation with your Com- duced on April 12, 2005, and referred solely to rorists will again strike our country; mittee during the last Congress. the Committee on Homeland Security. The I appreciate your willingness to waive fur- and when that happens, we are going to Committee on Homeland Security marked ther consideration of H.R. 1544 in order to ex- up the bill and ordered it reported on April rely on our first responders just as we pedite proceedings on this legislation. I 21,2005. The bill, as reported, is substantially did on 9/11, and next time we want to agree that, by not exercising your right to similar to the amended version of H.R. 3266 make sure they have all the training request a referral, the Transportation and that the Science agreed to discharge during and all the equipment that they need. Infrastructure Committee does not waive the 108th Congress, and it reflects com- This bill is a strong step in that direc- any jurisdiction it may have over H.R. 1544. promises reached in consultation with your tion. It is something that I think we In addition, I agree that if any provisions of Committee during the last Congress. can all be very proud of. the bill are determined to be within the ju- I appreciate your willingness to waive fur- I want to conclude by thanking the risdiction of the Transportation and Infra- ther consideration of H.R. 1544 in order to ex- pedite proceedings on this legislation. I gentleman from Mississippi, who, as structure Committee, I will support your re- quest to be conferees with respect to those agree that, by not exercising your right to the leader of the minority, has made it provisions during any House-Senate con- request a referral, the Science Committee possible for us to keep in mind that ference on H.R. 1544 or similar legislation. does not waive jurisdiction it may have over when the terrorists attack us, they are As you have requested, I will include a section three of the bill (adding a new sec- not going to attack Democrats or Re- copy of your letter and this response as part tion 1807 that addresses national voluntary publicans. They are going to attack of the Committee on Homeland Security’s consensus standards for the performance, Americans. And we are all Americans report and the Congressional Record during use, and validation of first responder equip- here, and we are all doing the right consideration of the legislation on the House ment). In addition, if those provisions are de- floor. termined to be within the jurisdiction of the thing today. Thank you for your cooperation as we Science Committee, I will support represen- Mr. Chairman, I submit the following work towards the enactment of H.R. 1544. tation for your Committee during any exchange of letters for the RECORD. Sincerely, House-Senate conference on H.R. 1544 or HOUSE OF REPRESENTATIVES, COM- CHRISTOPHER COX, similar legislation. MITTEE ON TRANSPORTATION AND Chairman. As you have requested, I will include a INFRASTRUCTURE, copy of your letter and this response as part Washington, DC, April 25, 2005. HOUSE OF REPRESENTATIVES, of the Committee on Homeland Security’s Hon. CHRISTOPHER COX, COMMITTEE ON SCIENCE, report and the Congressional Record during Chairman, Committee on Homeland Security, Washington, DC, April 25, 2005. consideration of the legislation on the House Adams Building, Washington, DC. Hon. CHRISTOPHER COX, floor. DEAR MR. CHAIRMAN: I am writing to you Chairman, Committee on Homeland Security, Thank you for your cooperation as we concerning the jurisdictional interest of the Adams Building Washington, DC. work towards the enactment of H.R. 1544. Transportation and Infrastructure Com- DEAR MR. CHAIRMAN: I am writing to you Sincerely, mittee in matters being considered in H.R. concerning the jurisdictional interest of the CHRISTOPHER COX, 1544, the Faster and Smarter Funding for Science Committee in matters being consid- Chairman. First Responders Act of 2005. ered in H.R. 1544, the Faster and Smarter Our Committee recognizes the importance Funding for First Responders Act of 2005. HOUSE OF REPRESENTATIVES, of H.R. 1544 and the need for the legislation Section 3 of this bill amends the Homeland COMMITTEE ON ENERGY AND COMMERCE, to move expeditiously. Therefore, while we Security Act of 2002 to add a new section 1807 Washington, DC, April 28, 2005. have a valid claim to jurisdiction over cer- that addresses national voluntary consensus Hon. CHRISTOPHER COX, tain provisions of the bill, I will agree not to standards for the performance, use, and vali- Chairman, Committee on Homeland Security, request a sequential referral. This, of course, dation of first responder equipment. The de- House of Representatives, Adams Building is conditional on our mutual understanding velopment of such standards is of particular Washington, DC. that nothing in this legislation or my deci- jurisdictional interest to the Science Com- DEAR CHAIRMAN COX: I am writing with re- sion to forego a sequential referral waives, mittee. gard to H.R. 1544, the Faster and Smarter reduces or otherwise affects the jurisdiction The Science Committee acknowledges the Funding for First Responders Act of 2005, of the Transportation and Infrastructure importance of H.R. 1544 and the need for the which was ordered reported by the Com- Committee, and that a copy of this letter legislation to move expeditiously. Therefore, mittee on Homeland Security on April 21, and of your response acknowledging our while we have a claim to jurisdiction over 2005. As you know, the Energy and Com- valid jurisdictional interest will be included section three of the bill (adding a new sec- merce Committee has jurisdiction over mat- in the Committee report and in the Congres- tion 1807 that addresses national voluntary ters involving public health contained within sional Record when the bill is considered on consensus standards for the performance, section 3 of H.R. 1544 as reported. the House Floor. use, and validation of first responder equip- Section 3 of H.R. 1544, as reported, requires The Committee on Transportation and In- ment), I agree not to request a sequential re- the Secretary of Health and Human Services frastructure also asks that you support our ferral. This, of course, is conditional on our to appoint ex officio members and coordinate request to be conferees on the provisions mutual understanding that nothing in this with the Secretary of Homeland Security over which we have jurisdiction during any legislation or my decision to forego a se- with respect to the selection of emergency House-Senate conference. quential referral waives, reduces or other- medical professionals to serve as members of Thank you for your cooperation in this wise affects the jurisdiction of the Science a task force on terrorism preparedness. In matter. Committee, and that a copy of this letter addition, the bill requires that, in estab- Sincerely, and of your response will be included in the lishing any national voluntary consensus DON YOUNG, Committee report and in the Congressional standards for first responder equipment or Chairman. Record when the bill is considered on the training that involve or relate to health pro- House Floor. fessionals, the Secretary of Homeland Secu- HOUSE OF REPRESENTATIVES, The Science Committee also asks that you rity must coordinate with the Secretary of COMMITTEE ON HOMELAND SECURITY, support our request to be conferees on any Health and Human Services. This language is Washington, DC, April 25, 2005. provisions over which we have jurisdiction substantially similar to provisions contained Hon. DON YOUNG, during House-Senate conference on this leg- in the Energy and Commerce reported Chairman, Committee on Transportation and islation. version of H.R. 3266 from the 108th Congress. Infrastructure, Rayburn House Office Thank you for your attention to this mat- I recognize your desire to bring this legis- Building, Washington, DC. ter. lation before the House in an expeditious DEAR MR. CHAIRMAN: Thank you for your Sincerely, manner. Accordingly, I will not exercise my recent letter expressing the Transportation SHERWOOD BOEHLERT, Committee’s right to a referral. By agreeing and Infrastructure Committee’s jurisdic- Chairman. to waive its consideration of the bill, how- tional interest in H.R. 1544, the ‘‘Faster and ever, the Energy and Commerce Committee Smarter Funding for First Responders Act of HOUSE OF REPRESENTATIVES, does not waive its jurisdiction over H.R. 1544. 2005.’’ The bill was introduced on April 12, COMMITTEE ON HOMELAND SECURITY, In addition, the Energy and Commerce Com- 2005, and referred solely to the Committee on Washington, DC, April 29, 2005 mittee reserves its right to seek conferees on Homeland Security. The Committee on Hon. SHERWOOD BOEHLERT, any provisions of the bill that are within its Homeland Security marked up the bill and Chairman, Committee on Science, Rayburn jurisdiction during any House-Senate con- ordered it reported on April 21, 2005. The bill, House Office Building, Washington, DC ference that may be convened on this legisla- as reported, is substantially similar to the DEAR MR. CHAIRMAN: Thank you for your tion. I ask for your commitment to support amended version of H.R. 3266 that the Trans- recent letter expressing the Science Commit- any request by the Energy and Commerce portation and Infrastructure Committee tee’s jurisdictional interest in H.R. 1544, the Committee for conferees on H.R. 1544 or marked up and ordered reported during the ‘‘Faster and Smarter Funding for First Re- similar legislation.

VerDate Aug 04 2004 04:14 May 13, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.022 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3213 I request that you include this letter as fall within the Committee on the Judiciary’s that the Judiciary Committee marked up part of the Committee’s Report on H.R. 1544 jurisdiction under rule X(1)(l)(10) (‘‘Inter- and ordered reported during the 108th Con- and in the Record during consideration of state compacts generally’’). Sec. 3 (new sec- gress, and it reflects compromises reached in the legislation on the House floor. Thank tion 1802(a)(3)) (‘‘Law Enforcement Ter- consultation with your Committee during you for your attention to these matters. rorism Prevention Program’’) falls within the last Congress. Sincerely, the Committee’s jurisdiction under rule I appreciate your willingness to waive fur- JOE BARTON, X(1)(l)(7) (‘‘Criminal law enforcement’’) and ther consideration of H.R. 1544, in order to Chairman. rule X(1)(l)(19) (‘‘Subversive activities affect- expedite proceedings on this legislation. I ac- ing the internal security of the United knowledge the Judiciary Committee’s Rule HOUSE OF REPRESENTATIVES, States’’). Sec. 3 (new section l803) (‘‘Covered X jurisdiction over matters relating to COMMITTEE ON HOMELAND SECURITY, Grant Eligibility and Criteria’’) establishes criminal law enforcement and subversive ac- Washington, DC, April 29, 2005. standards by which States and localities re- tivities affecting the internal security of the Hon. JOE BARTON, ceive funding for, among other things, United States, and recognize the Commit- Chairman, Committee on Energy and Commerce, ‘‘unique aspects of terrorism.’’ These mat- tee’s strong jurisdictional interest in this Rayburn House Office Building, Wash- ters fall within the Committee’s jurisdiction legislation. I agree that by waiving further ington, DC. under rule X(1)(l)(7)(‘‘Criminal law enforce- consideration of the bill, the Judiciary Com- DEAR MR. CHAIRMAN: Thank you for your ment’’) and rule X(1)(l)(19) (‘‘Subversive ac- mittee does not waive any jurisdiction it recent letter regarding the Energy and Com- tivities affecting the internal security of the may have over H.R. 1544 or similar legisla- merce Committee’s jurisdictional interest in United States’’). tion. In addition, I agree that for provisions Sec. 3 (new section 1804)(‘‘Risk-based Eval- H.R. 1544, the ‘‘Faster and Smarter Funding of the bill that are determined to be within uation and Prioritization’’) establishes a for First Responders Act of 2005.’’ The bill the jurisdiction of the Judiciary Committee, ‘‘First Responder Grants Board’’ with broad was introduced on April 12, 2005, and referred I will support representation for your Com- authority to assess a range of domestic secu- solely to the Committee on Homeland Secu- mittee during conference with the Senate. rity. The Committee on Homeland Security rity threats, including those based on ‘‘acts As you have requested, I will include a marked up the bill and ordered it reported on of terrorism of the known activity of any copy of your letter and this response as part April 21, 2005. The bill, as reported, is sub- terrorist organization.’’ Domestic security of the Committee on Homeland Security’s stantially similar to the amended version of threats clearly fall within the Committee on report and the Congressional Record during H.R. 3266 that the Energy and Commerce the Judiciary’s jurisdiction under rule consideration of the legislation on the House Committee marked up and ordered reported X(1)(1)(7)(‘‘Criminal law enforcement’’) and floor. during the 108th Congress; and it reflects rule X(I)(1)(19)(‘‘Subversive activities affect- compromises reached in consultation with ing the internal security of the United Thank you for your cooperation as we your Committee during the last Congress. States’’). Sec. 3 (new Section 1804(c)(3)) work towards the enactment of H.R. 1544. I appreciate your willingness to waive fur- (‘‘Types of Threat’’) directs the Secretary of Sincerely, ther consideration of H.R. 1544 in order to ex- Homeland Security to consider a variety of CHRISTOPHER COX, pedite proceedings on this legislation. I threats to critical infrastructure, including: Chairman. agree that by not exercising your right to re- biological threats; nuclear threats; radio- Mr. Chairman, I reserve the balance logical threats; incendiary threats; chemical quest a referral, the Energy and Commerce of my time. Committee does not waive any jurisdiction it threats; explosives; suicide bombers; cyber may have over H.R. 1544. threats; and any other threats based on prox- Mr. THOMPSON of Mississippi. Mr. In addition, I agree that if any provisions imity to specific past acts of terrorism or Chairman, I yield myself such time as of the bill are determined to be within the the known activity of a terrorist group. I may consume. jurisdiction of the Energy and Commerce Much of this information could be acquired I would like at the outset to follow Committee, I will support representation for only with the active participation of law en- forcement and antiterrorism agencies, in- the conversation, saying this com- your Committee during conference with the mittee has worked very well on this Senate with respect to those provisions. cluding the Department of Justice and its As you have requested, I will include a relevant components. These matters fall legislation. It is bipartisan. The 14 copy of your letter and this response as part within the Committee on the Judiciary’s leg- hours we put in working on it in com- of the Committee on Homeland Security’s islative and oversight jurisdiction under rule mittee went very well. I would like to report and the Congressional Record during X(I)(1)(7)(‘‘Criminal law enforcement’’) and compliment the gentleman from New consideration of the legislation on the House rule X(I)(1)(19)(‘‘Subversive activities affect- Jersey (Mr. PASCRELL), the ranking floor. ing the internal security of the United member of the Emergency Prepared- Thank you for your cooperation as we States’’). work towards the enactment of H.R. 1544. The Committee on the Judiciary agrees to ness, Science, and Technology Sub- Sincerely, waive any formal consideration of the bill committee, for his work on this issue. CHRISTOPHER COX, with the understanding that its jurisdiction Mr. Chairman, I support H.R. 1544, Chairman. over these and other provisions contained in the Faster and Smarter Funding for the legislation is no way altered or dimin- First Responders Act. Our first re- HOUSE OF REPRESENTATIVES, ished. The Committee on the Judiciary also sponders, whether they are firefighters, reserves the right to seek appointment to COMMITTEE ON THE JUDICIARY, law enforcement, or EMS providers, are Washington, DC, April 28, 2005. any House-Senate conference on this legisla- Hon. CHRISTOPHER COX, tion. I would appreciate your including this the first line of defense. We must pro- Chairman, Committee on Homeland Security, letter in your Committee’s report on H.R. vide them with additional resources, House of Representatives, Washington, DC. 1544 and the Congressional Record during training, and information they need in DEAR CHAIRMAN COX: On April 21, 2005, the consideration of H.R. 1544 on the House floor. order to meet the challenges. Committee on Homeland Security ordered Thank you for your attention to these mat- Preparing for, preventing, and re- reported H.R. 1544, the ‘‘Faster and Smarter ters. sponding to any large incident is pri- Funding for First Responders Act of 2005.’’ In Sincerely, marily a local responsibility. Still, the recognition of the desire to expedite floor F. JAMES SENSENBRENNER, Jr., consideration of H.R. 1544, the Committee on Chairman. Federal Government has a significant the Judiciary hereby waives any consider- role. H.R. 1544 was introduced in April. ation of the bill. HOUSE OF REPRESENTATIVES, It was co-sponsored by all the Demo- Several sections of H.R. 1544 contain mat- COMMITTEE ON HOMELAND SECURITY, crats and Republicans on the Com- ters within the Committee on the Judi- Washington, DC, April 28, 2005. mittee on Homeland Security, and it ciary’s Rule X jurisdiction. The centrality of Hon. F. JAMES SENSENBRENNER, was approved unanimously by voice law enforcement to the primary purposes of Chairman, Committee on the Judiciary, Ray- vote of that same committee. In addi- this legislation brings it within the Com- burn House Office Building, Washington, mittee on the Judiciary’s legislative and DC. tion, this bill is supported by every oversight jurisdiction under rule X(1)(l)(7) DEAR MR. CHAIRMAN: Thank you for your major first responder organization in (‘‘Criminal law enforcement’’) and rule recent letter regarding the Judiciary Com- the country. This version is a com- X(1)(l)(19) (‘‘Subversive activities affecting mittee’s jurisdictional interest in H.R. 1544, promise that was reached during the the internal security of the United States’’). the ‘‘Faster and Smarter Funding for First 108th Congress in order to pass out of A summary of principal provisions within Responders Act of 2005.’’ The bill was intro- the House of Representatives at that the Committee on the Judiciary’s jurisdic- duced on April 12, 2005, and referred solely to point. The current system for distrib- tion follows. the Committee on Homeland Security. The Sec. 3 (new section 1801(9)(B)(i)) establishes Committee on Homeland Security marked uting funding to first responders is fun- grant eligibility for a State or States located up the bill and ordered it reported on April damentally broken and is not getting in a region ‘‘established by a compact be- 21, 2005. The bill, as reported, is substantially the funding where it needs to go in a tween two or more States.’’ These matters similar to the amended version of H.R. 3266 timely fashion.

VerDate Aug 04 2004 04:14 May 13, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A12MY7.009 H12PT1 H3214 CONGRESSIONAL RECORD — HOUSE May 12, 2005 Currently, funding is distributed the Committee on Homeland Security; are finally responding for them the solely on the basis of an arbitrary for- the gentleman from Mississippi (Mr. way they responded for us on 9/11. mula that does not consider risk in any THOMPSON), ranking member, who has It is not just Ground Zero. It was the part of the country. H.R. 1544 ensures demonstrated the ultimate in biparti- Pentagon. And it could be any city or that homeland security funding for sanship; and the gentleman from New State or locality afterwards. But if we first responders is distributed on the Jersey (Mr. PASCRELL), my old friend are going to be effective in coming up basis of risk regardless of community and ranking member on our sub- with defenses, it must be based on type. committee, who fully appreciates and threat analysis. That is what this does. As a former mayor and volunteer understands just how vital this is. It took heroic efforts on both sides of firefighter from Mississippi, I am very He was there with President Bush the aisle to bring this about. Today’s concerned that the needs of rural and a number of us just 3 days after the vote will be the culmination of that in America are not adequately being con- attacks of September 11 at the World the House, a first major step. sidered when DHS allocates homeland Trade Center, at Ground Zero. We saw So I urge the adoption of H.R. 1544. I security funding. Maintaining a State the terrible devastation, and all of us again commend both sides of the aisle minimum of .25 percent for most States promised that day and afterwards and especially the gentleman from New and .45 for certain border States never ever to allow our first responders Jersey (Mr. PASCRELL), my ranking member, for the energy and the drive strikes a difficult, but necessary, bal- to be put in a position where they were and dedication that was put in to bring ance. On one hand the government not adequately equipped, adequately about this legislation. must consider risk in distributing the ready, and suitably trained and pre- Again, I urge adoption of the legisla- funding. On the other hand, the govern- pared to cope with such a mammoth tion. ment must ensure that each State will attack as that and also that they have Mr. THOMPSON of Mississippi. Mr. have the funding to reach a minimum all the equipment and everything that Chairman, I yield 5 minutes and 15 sec- level of preparedness. has to be done to be prepared. onds to the gentleman from New Jer- H.R. 1544 does not mean that all fund- I think it is a tribute to the fact that sey (Mr. PASCRELL), ranking Democrat ing will go to States and communities our committee is now a permanent on the subcommittee. with a high population or high threat. committee. The Committee on Home- (Mr. PASCRELL asked and was given For the first time, DHS will assess risk land Security is now a permanent com- permission to revise and extend his re- in every community regardless of mittee that will be able to marshal marks.) whether it is urban, suburban, or rural. these resources and bring about such a Mr. PASCRELL. Mr. Chairman, first After all, we do not know where terror- bipartisan effort. of all, to the gentleman from New York ists will strike next. Those of us who come from the area (Mr. KING), chairman of the sub- One issue that is very important to of near Ground Zero, certainly in my committee, it is an honor to work with my State is the issue of flood control district and the adjoining districts, we him. He understands the depth of con- levees. I worked to ensure that flood lost many, many hundreds of people on cern of the American people. He under- control levees are included in the defi- that day. People from the financial stands the depth of concern of our first nition of dams on the critical infra- services community and fire service, responders, police and firefighters, structure. police service, all of them lost their EMS. And understanding their day-to- This bill establishes a First Re- lives. We promised never ever to put day situation in the face of terror, he sponder Grant Board to prioritize grant them in that position again. Unfortu- fashioned legislation; and I am glad he applications using threat, vulner- nately, for the last 31⁄2 years, we have made me part of it. ability, and consequences. Mr. Chair- had a situation where money has not These are difficult times. The last man, H.R. 1544 also helps target fund- gone where it is needed. It has been chapter of the 9/11 Commission report, ing to the essential capabilities of first spread far and wide. And as a result, Mr. Chairman, is not just by coinci- responders in order to prevent, prepare the protection that those people need dence. The subtitles of the sections in for, and respond to acts of terrorism. was not given. that final chapter, chapter 13, ‘‘Unity But this bill is not perfect, Mr. Chair- This bill we are passing today is of Effort.’’ Across the foreign/domestic man. There are personnel shortages based on threat analysis. I wish that divide, unity of effort, as far as the in- that ought to be covered in this pro- my State was not such a high target, telligence community is concerned, the gram. There are a number of other but it is. And so long as it is, it is im- sharing of information. The unity of ef- things that I look forward to working portant that we get the funding that is fort in the Congress, section 13.4. It was with the chairman on correcting in needed. But there are States around not just a coincidence that the 9/11 re- other legislation. However, for what we the country, there are agricultural port finished with that unity. If there is anything that has brought have before us today, I am in support areas, rural areas, all of whom are also us together, it is this tragedy. We need of it from the outset. It is the right high targets, and they must be com- to remember that as we battle on the thing to do. We have to target the re- pensated. And that is what this bill floor the different issues and we forget does. It provides a threat analysis for sources based on risk. This legislation that we are here to do the people’s the entire country, for areas that need does that. business. Mr. Chairman, I reserve the balance it, whether they be urban, suburban, of my time. rural, agricultural. The fact is they b 1145 Mr. COX. Mr. Chairman, I yield 4 will get the assistance they need if So I applaud the gentleman from minutes to the distinguished gen- they need it. California (Chairman COX) and I ap- tleman from the State of New York And that is what this has to be plaud the ranking member, the gen- (Mr. KING). about. It has to be a question of emer- tleman from Mississippi (Mr. THOMP- Mr. KING of New York. Mr. Chair- gency preparedness for those who are SON), my very good friend, for their man, I thank the chairman for yielding the targets, those who are in the cross tireless work in navigating H.R. 1544 me this time. hairs, those of us who are directly through the political maze that is Cap- Mr. Chairman, I am proud to be here threatened by al Qaeda. itol Hill. Our men and women on the today to strongly urge the support of So in the aftermath of 9/11, we said front lines applaud you. this legislation. It is absolutely vital our lives will never again be the same. I want to commend my good friend for our Nation’s interests and for the Unfortunately, for 31⁄2 years, we never the gentleman from New York (Mr. interests of first responders throughout really faced up to that challenge. We KING), the chairman of the Sub- the country that this legislation be never stood up and did what had to be committee on Emergency Prepared- adopted and that we do all we can to done. ness, Science, and Technology for his have it implemented and signed into We are doing it today. This is the diligent work. As the ranking member law. first major step since September 11 in on this panel, I have seen firsthand the At the outset, I want to commend the adequately and effectively responding expertise and the passion the gen- gentleman from California (Chairman to the needs of our first responders who tleman brings to matters affecting our COX) for the leadership he has given to are there to respond for us. And now we Nation’s first responders.

VerDate Aug 04 2004 00:42 May 13, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.023 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3215 We know that homeland defense can- sponders Act, H.R. 1544, and I rise in amendment on agro-terrorism, an issue not be marred with reckless partisan support of that bill. important all across America for our squabbling. We know that our Nation’s Yesterday, we had a reminder, if we food supply. But, equally important, to security cannot be sidetracked by the even needed a reminder, of the events have homeland security, we must have parochial concerns of the few. That is of 9/11 and the aftermath. Yesterday, as hometown security, and the formula why every single member of the Com- we were proceeding out of this Cham- this bill is driven by, that is what it is mittee on Homeland Security supports ber, we were urged by those who were about. this legislation. Indeed, when was the in uniform to move faster, to move to It is good for my home State of last time we all supported anything? a place of greater safety. And that is North Carolina, because the current Different Members representing an apt analogy for the bill we bring to formula, with North Carolina being the widely varying regions and constitu- this floor today, because we truly are 13th largest State in population, we encies have all come together in a bi- attempting to do a better job in terms end up 49th in per capita homeland se- partisan manner to bring H.R. 1544 to of the funding on the Federal level for curity funding. I do not think we are the floor today. It is the culmination of first responders. next to last in risk. And others can say a lot of work. A lot of staff members There is no doubt that this Chamber, that. helped in bringing this before the Con- acting with the other Chamber and the The funding formula proposed in this gress. executive branch, attempted as best we piece of legislation will allow Federal As we all know, our first responders, could at that time to come up with a homeland security funds to be dis- whether they are firefighters, law en- comprehensive approach to get funding bursed on a threat, risk and vulner- forcement or EMS providers, are the to first responders in view of the threat ability basis. Let me thank all of my first ones to arrive on the scene of any as we saw it after 9/11. But in the inter- colleagues for that, because that is the major incident and the last ones to vening 3-plus years, we have seen that way it ought to be. leave. So it is crucial that we ensure that which we have done is not perfect, The formula follows the rec- that Federal money designed to better that there are improvements to be ommendation, as has been said, of the equip and train all of those first re- made. Certainly first and foremost 9/11 Commission. The Commission said, sponders actually reaches down to among these is to establish a basis for ‘‘Homeland security funds should sup- where it is needed most. the kinds of funding that will go out to plement State and local resources Unfortunately, the system of distrib- the first responders. based on the risk or vulnerabilities uting grant funding to the local level is This bill is a true effort to attempt that merit additional support.’’ This fundamentally broken. We have a sys- to establish a rational risk assessment, bill does that. tem where grant funding is distributed that is, a rational means of deter- North Carolina and its critical infra- to a large extent on minimum funding mining what the greatest threat is to structure have significance far beyond allocations rather than risk. It is this country in the aftermath of 9/11, the borders of our State. The State is wrong, and it is counterproductive to and then proceed to have the funding home to the Nation’s largest army national security, we have found out. follow that. This is extremely impor- base, the Nation’s second largest finan- But you do not have to take my word tant, because in some ways it goes cial center, three nuclear power plants, for it. A wide array of sources have against the grain of those of us who major highways, ports and airports and warned us of the dangers of dispensing serve in this body who want to make an agricultural economy that supplies terrorism preparedness money on arbi- sure that every single one of our dis- goods to one in ten people in this coun- trary political formulas. On page 396 of tricts gets the best amount of money try. the 9/11 Commission report, and I will that it possibly can. I am confident that the formula in conclude on this remark, states, In this particular situation, we are H.R. 1544 will give every State the op- ‘‘Homeland security assistance should acting as national legislators, making portunity to receive adequate and ap- be based strictly on an assessment of a determination as to what the na- propriate funds for terrorism and pre- risks and vulnerabilities. Federal tional threat is and then responding to vention and response that is necessary homeland security assistance should that national threat in the most effec- for our local hometown heroes. not remain a program for general rev- tive way possible. That is why I salute H.R. 1544 is good public policy that enue sharing. It should supplement the chairman and ranking member. I will make a difference to strengthen State and local resources based on the tell my other colleagues here that this the security and safety of communities risks or vulnerabilities that merit ad- was a unanimous decision by the mem- in North Carolina and across America. ditional support. Congress should not bers of this committee. Hopefully, we By putting the resources in place to ad- use this money as a pork barrel.’’ will receive a unanimous decision here dress real risk and vulnerabilities, we Our current distribution of funding on the floor of the House. can fight the threat head on. leaves a lot to be desired. This bill Mr. THOMPSON of Mississippi. Mr. Simply put, H.R. 1544 will help save changes that. Chairman, I yield 3 minutes to the gen- lives and secure our country. I rec- I just want to conclude with this, Mr. tleman from North Carolina (Mr. ommend this bill to all my colleagues. Chairman: Too often we here in Wash- ETHERIDGE). Mr. Chairman, I rise today in support of H.R. ington are enveloped with a partisan (Mr. ETHERIDGE asked and was 1544, the Faster and Smarter Funding for First rancor and acrimony that stunts our given permission to revise and extend Responders Act. I am pleased to join all the ability to achieve fundamental and his remarks.) members of the House Homeland Security necessary reform. Many times we have Mr. ETHERIDGE. Mr. Chairman, I Committee as a cosponsor of this legislation. seen good policy fall victim to short- thank the gentleman from Mississippi This bill is good for my State, North Caro- term political calculations. This can- for yielding me time. Let me thank the lina, and for the Nation. Under the current not happen today. It will not happen chairman and ranking member. Both of funding formula, North Carolina, the 13th larg- today. Passing the Faster and Smarter them did an extraordinary job of pull- est State by population, is 49th in per capita Funding for First Responders Act will ing together an important piece of leg- homeland security funding. My State is cer- show that we take this job seriously. islation, a complex piece of legislation, tainly next to last in risks. Mr. COX. Mr. Chairman, I yield 2 that every Member of the House should The funding formula proposed in H.R. 1544 minutes to the distinguished gen- endorse wholeheartedly. Every member will allow Federal homeland security funds to tleman from California (Mr. LUNGREN), of the committee was a cosponsor of be distributed on the basis of threat, risk and the former Attorney General of Cali- the legislation, myself included. I am vulnerability. This formula follows the rec- fornia. pleased to join them as a member of ommendation of the 9/11 Commission. The Mr. DANIEL E. LUNGREN of Cali- the Committee on Homeland Security Commission said, ‘‘Homeland security funds fornia. Mr. Chairman, I thank the and in being responsible for this legis- should supplement State and local resources chairman and the ranking member of lation. based on the risks or vulnerabilities that merit the committee for the work they have This, as has been said, is a first-re- additional support.’’ done in bringing to the floor the Faster sponder-driven bill. I want to thank North Carolina and its critical infrastructures and Smarter Funding for First Re- the committee for accepting my have significance far beyond its borders. The

VerDate Aug 04 2004 00:42 May 13, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 7634 Sfmt 9920 E:\CR\FM\K12MY7.025 H12PT1 H3216 CONGRESSIONAL RECORD — HOUSE May 12, 2005 State is home to the Nation’s largest Army The bill significantly improves the phoned off administrative dollars that base, the Nation’s second largest financial homeland security application and should have gone for the first respond- center, three nuclear power plants, major high- funding process by restructuring it in a ers. ways, port and airports, and an agricultural way that my home State of North This bill changes all that because economy that supplies food to one in ten peo- Carolina predicts will shorten the time this bill is based upon the committee ple in our country. it takes funds to get from the Federal listening to the first responder commu- I am confident that the formula in H.R. 1544 to the local level by about 6 months. nity. It provides a more consistent ap- will give every State the opportunity to receive The bill also will significantly im- proach that is based on the threats adequate and appropriate funds for terrorism prove how we assess threats by taking that we see out there, and it responds and prevention and response. H.R. 1544 is the decision out of the hands of DHS to the needs that were presented to us good public policy that will make a difference and creating a task force made up of by the representative groups of the to strengthen the security and safety of com- experts from the Federal, State, and first responder community. In fact, Mr. munities in North Carolina and across the local levels and the first responder Chairman, that is why every first re- country. By putting the resources in place to community to create a comprehensive sponder organization in America sup- address real risks and vulnerabilities, we con- means of assessing risk. ports this legislation. I applaud my col- front the threat head on. Simply put, H.R. So I feel this bill has a great deal of leagues for this outstanding work. 1544 will help to save lives. potential. It could be a very important As to the other programs that we I recommend the bill to all my colleagues in step in the right direction. But I warn fund, like the grant program for fire- the House. my colleagues that we will fail in our fighters which my colleague just spoke Mr. COX. Mr. Chairman, I yield 2 efforts to protect the homeland if we on of, I am proud of the fact that in a minutes to the distinguished gen- do not take some additional steps, in tough budget environment, separate tleman from Texas (Mr. SMITH). particular to avoid a trade-off down the from this legislation, we have appro- Mr. SMITH of Texas. Mr. Chairman, I road between protecting ourselves priated over $3 billion to almost 20,000 thank the gentleman from California, against terrorist attacks and preparing fire and EMS departments across the the chairman of the Committee on for and responding to natural disasters. country, direct allocations, not Homeland Security, for yielding me As we vote on this bill, we are deal- through any bureaucracy, but directly time. ing with a presidential budget that through firefighters deciding on the Mr. Chairman, I support H.R. 1544, would slash Federal funding for our priorities of fire groups and EMS the Faster and Smarter Funding For local police by close to 40 percent groups across the country. That pro- First Responders Act of 2005. In its re- through massive cuts in Homeland Se- gram will see another one-half billion port, the 9/11 Commission stated, curity and Justice grant programs. dollars at a minimum in the next fiscal ‘‘Homeland security assistance should The Bush administration continues year. be based strictly on an assessment of its trend of shifting money from nat- So we are taking care of the prior- risk and vulnerabilities.’’ This bill ural and general disaster preparedness ities and the needs, we are responding overhauls the current system for first programs. For example, the Committee to local concerns, and the key message responder grants and follows the rec- on Appropriations was recently forced of this legislation is that we have lis- ommendations of the 9/11 Commission to cut FIRE grants, one of the most tened to those people who are across to allow for greater allocation on the successful Federal grant programs in America in 32,000 fire and EMS depart- basis of a State’s or region’s vulner- existence, by over $100 million, at a ments, thousands of police depart- ability to terrorist attack. time when our Nation is expecting ments who every day for every call re- The current broken formula has ad- more than ever from our understaffed spond to America’s needs. versely affected my State. In Federal and ill-equipped fire departments. I commend, again, the committee for funding per capita for first responders, So while I applaud the committee for its outstanding work, and I look for- Texas ranks 50th of the 50 States, de- its work in crafting a strong bill, we ward to continuing the aggressive spite the fact that Houston, Dallas and ought to make clear that voting for schedule the chairman has laid out be- San Antonio are three of the Nation’s this bill is not enough. When it comes fore us for the Committee on Homeland ten largest cities. Texas also has a 1,200 time to make some harder choices and Security in this session of Congress. mile porous border with Mexico, 14 pay for these first responder programs Mr. THOMPSON of Mississippi. Mr. maritime ports and an airport, Dallas- that we happily authorize, we will need Chairman, I yield 2 minutes to the gen- Fort Worth, that is bigger than New the same bipartisan support for those tlewoman from California (Ms. HAR- York City’s Manhattan Island. Clearly, on the front lines that we see here MAN), a member of the Committee on Texas faces a more grave threat than today. Homeland Security as well as the rank- some other parts of the country. Mr. COX. Mr. Chairman, I yield 2 ing Democrat on the Permanent Select The bill we are considering today minutes to the distinguished vice Committee on Intelligence. provides assistance to first responders chairman of the full Committee on Ms. HARMAN. Mr. Chairman, I thank serving where the risk is greatest, de- Homeland Security, the gentleman the gentleman for yielding me this termines the essential capabilities of from Pennsylvania (Mr. WELDON). time and commend him for his leader- communities and encourages regional (Mr. WELDON of Pennsylvania asked ship on our new permanent committee. cooperation and mutual aid agree- and was given permission to revise and It is a great thing that we finally have ments through regional grant applica- extend his remarks.) a committee in the House to focus on tions. Mr. WELDON of Pennsylvania. Mr. what I believe is the most urgent busi- Mr. Chairman, these changes to the Chairman, I thank the gentleman for ness confronting us. current grant allocation procedure are yielding and thank the chairman and Mr. Chairman, I strongly support essential if we are to be ready for an- ranking member for their outstanding this legislation and I want to under- other attack. We hope all this prepara- work, and the subcommittee chairs and score that it is about money, but it is tion is for nothing, but we must be pre- ranking members as well. not primarily about money. It is really pared. H.R. 1544 ensures that we are as This bill is the best indication to the primarily about strategy. prepared as possible. first responder community across the The purpose in forming a Homeland Mr. THOMPSON of Mississippi. Mr. country that Congress was listening. It Security Department was not to rear- Chairman, I yield 2 minutes to gen- was not this way 5, 6 or 7 years ago range the deck chairs, but was to cre- tleman from North Carolina (Mr. when the first funding for training first ate one deck, one national, integrated PRICE), a member of the Committee on responders was being developed by bu- strategy for homeland security. And by Appropriations Subcommittee on reaucrats in Washington, who had no passing this legislation, which I am Homeland Security. idea of what the real threats were out sure we will do later today, we now will (Mr. PRICE of North Carolina asked there across America. have a strategy based on risk for dis- and was given permission to revise and tributing needed funds to our very im- extend his remarks.) b 1200 pressive first responders. Mr. PRICE of North Carolina. Mr. It was not the case over the past sev- We should not use the squeaky wheel Chairman, I rise in support of H.R. 1544. eral years as States and counties si- theory for homeland security funding;

VerDate Aug 04 2004 00:42 May 13, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A12MY7.002 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3217 we should have a strategic view of As a member of the Committee on This critical, bipartisan, and historic homeland security funding. And once Homeland Security, I am proud to co- legislation implements the 9/11 Com- we pass this legislation and once we sponsor this legislation. It is the prod- mission’s recommendations in stream- urge our colleagues in the other body uct of a uniquely thoughtful process lining terrorism preparedness grants to move their bill on the floor and then with support from across the aisle and and making certain that our first re- to reach a fair compromise in con- across the country. I urge my col- sponders have the resources they need ference and enact this bill into law, we leagues to join me in supporting this when they need them. will have taken a major step forward. bill. As police officers and first responders This legislation, of course, does not Mr. THOMPSON of Mississippi. Mr. gather in Washington to honor their solve all the problems. An issue on Chairman, I yield 3 minutes to the gen- fallen comrades during National Police which the gentleman from Pennsyl- tlewoman from New York (Mrs. Week, the images of September 11 re- vania (Mr. WELDON), and I have focused LOWEY), who has been a constant re- main frozen in our minds and etched for years is a strategy for interoperable minder to us all about needing to do it into our souls. communications for emergency re- better. Since fiscal year 2002, Congress has sponders. This requires some of the Mrs. LOWEY. Mr. Chairman, I want appropriated, and the Department of things we have in our authorization to thank my colleague, the gentleman Homeland Security has awarded, $6.3 bill, but it will also require dedicated from Mississippi, for his leadership on billion in terrorism preparedness spectrum, something that I hope the this committee and our chairman, the grants. Yet shockingly, State, terri- Congress addresses this year and some- gentleman from California (Mr. COX). torial, and local governments have thing that is the subject of legislation The day has come. I am delighted to be spent just 31 percent of this funding. we have introduced on a bipartisan here with all of the members of the Clearly, our first responders and the basis called the Hero Act. committee, and I know this will re- communities they put their lives on But to conclude, Mr. Chairman, this ceive unanimous approval from this the line to protect remain dangerously is a very good start. It is very good body. at risk, all due to government bureauc- work by our ranking member and by Many of my colleagues have worked racy. our chairman, the gentleman from hard to ensure that the areas of our H.R. 1544 requires State, territorial, and local governments to assess their California (Mr. COX); and it helps re- country facing the greatest threat re- solve a major roadblock to securing ceive their fair share of homeland secu- greatest threats, vulnerabilities, and our homeland in our own districts and rity funds. Quite frankly, it amazes me consequences before they request the Federal funding money. Then, it holds all parts of America. that we have gone this long allocating Mr. COX. Mr. Chairman, I yield 2 such a large portion of homeland secu- these Governments accountable, re- minutes to the gentleman from Con- rity funds based on everything but the quiring them to issue grants to first re- sponders within 45 days. necticut (Mr. SIMMONS). threat of a terrorist attack to a par- In closing, Mr. Chairman, this legis- Mr. SIMMONS. Mr. Chairman, I rise ticular area or region. The 9/11 Com- lation constitutes a long overdue dose in strong support of H.R. 1544, the Fast- mission’s report specifically states of common sense. The gentleman from er and Smarter Funding For the First that Congress should not use this California (Chairman COX) and the gen- Responders Act of 2005, and I commend money as a pork barrel; yet, we seem tleman from Mississippi (Ranking the gentleman from California (Chair- to have been doing just that. We should Member THOMPSON) have already prov- man COX) and the gentleman from Mis- not play politics with public safety. en the wisdom in establishing the Com- sissippi (Ranking Member THOMPSON) There are six grant programs admin- mittee on Homeland Security through for their bipartisan leadership in bring- istered by the Department of Homeland their vision and leadership in pro- ing this bill to the floor today. Security. Five of these six programs ducing this legislation so quickly. On September 11, our first responders are distributed based on a formula that We remember the valor of firemen—who answered the call of duty, risking their does not take risk or threat into ac- rushed through an inferno to save others, lives to save countless Americans from count. In fiscal year 2005, New York, without regard for their own safety. attack. Their heroic service and sac- which suffered the most catastrophic We recall the courage of police officers— rifice will be remembered forever. damage from terrorism on September who braved falling bricks and mortar to pro- Following 9/11, the first responder 11, was not even in the top 10 for per vide those in danger with their hands and their community worked hard to help us capita funding. I challenge anyone who reassurance. craft this legislation. We also received opposes risk-based funding to sit down After many years during which our children input from the 9/11 Commission and the with the first responders from New searched among athletes, movie stars, and 9/11 families for a risk-based approach York or Virginia, that is, our police, other celebrities for their role models, they to managing homeland security dol- our firefighters, our EMS workers. learned the real definition of the word ‘‘hero’’ lars. These are the people who responded on on that awful day. Today’s bill follows a logical ap- September 11. They should tell them And as four hurricanes visited unprece- proach by allowing and rewarding up- that funding should be based on any- dented devastation upon my district in south- front planning at the State, local, trib- thing but risk. west Florida last year, we learned once again al, and regional levels. We provide a This is not about politics; it is about how much we rely upon the bravery, expert risk-based management structure to common sense, good policy. It took training, and compassion of first responders direct the use of these dollars so that only minutes for our police, fire- when disaster strikes. they can move quickly to where they fighters, and EMS workers to respond Since Fiscal Year 2002, Congress has ap- are most needed. to the calls for help on September 11. propriated and the Department of Homeland Mr. Chairman, I am reminded that Over 3 years later, Congress still has Security has awarded 6.3 billion dollars in ter- the 9/11 Commission Report called on not answered their cry for better fund- rorism preparedness grants. Yet— us to respond to that tragedy with a ing to protect us. This change in fund- shockingly—state, territorial, and local govern- commitment to ‘‘create something ing priorities is long overdue. I urge ments have spent just 31 percent of this fund- positive, an America that is safer, my colleagues to vote ‘‘yes’’ on the ing. stronger, and wiser.’’ The bill before us bill. Clearly, our first responders and the com- today honors this obligation. It frees Mr. COX. Mr. Chairman, I yield 2 munities they put their lives on the line to pro- critical resources to first responders minutes to the distinguished gentle- tect remain dangerously at risk—all due to who need them for training and equip- woman from Florida (Ms. HARRIS). government bureaucracy. ment. This makes us safer. It encour- (Ms. HARRIS asked and was given H.R. 1544 requires State, territorial, and ages regional cooperation and team- permission to revise and extend her re- local governments to assess their greatest work across town, city, tribal, and marks.) threats, vulnerabilities, and consequences be- State lines. This makes us stronger. Ms. HARRIS. Mr. Chairman, I rise in fore they request Federal grant money. Then, Finally, it targets our greatest risks support of H.R. 1544, the Faster and it holds these governments accountable—re- and vulnerabilities which undoubtedly Smarter Funding For First Responders quiring them to issue grant awards to first re- makes us smarter. Act of 2005. sponders within 45 days.

VerDate Aug 04 2004 00:42 May 13, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\K12MY7.031 H12PT1 H3218 CONGRESSIONAL RECORD — HOUSE May 12, 2005 H.R. 1544 also enables regional planning the sacrifice of those who were killed will do our very best as we support our and coordination—allowing localities and and their families; and this is a bill we first responders in the Faster and States to jointly apply for terrorism prepared- can all be proud of. I urge my col- Smarter Funding for Our First Re- ness grants, which must remain consistent leagues to support its passage. sponders Act, that we will reach out to with State homeland security plans. Mr. COX. Mr. Chairman, I yield 2 the most vulnerable cities and areas, Mr. Chairman, this legislation constitutes a minutes to the gentlewoman from Ten- but in fact, we will not rest until the long overdue dose of common sense. Chair- nessee (Mrs. BLACKBURN). entire homeland is secure. I am very man COX and Ranking Member THOMPSON Mrs. BLACKBURN. Mr. Chairman, gratified that we are still working on have already proven the wisdom of estab- given the evacuation yesterday that we empowering what we call citizen corps lishing the Homeland Security Committee had here at the Capitol, it is so appro- and to develop what I think is very im- through their vision and leadership in pro- priate that we are taking this bill up portant, citizen volunteers to perform ducing this legislation so quickly. today. We all know that there is al- critical functions in assisting, in pre- Mr. THOMPSON of Mississippi. Mr. ways room for improvement in our Na- venting and responding to terrorist at- Chairman, I yield 2 minutes to the gen- tion’s security. I want to congratulate tacks, and that they should be inte- tlewoman from the Virgin Islands (Mrs. the gentleman from California (Chair- grated in through this process in our CHRISTENSEN). man COX) and his committee. They State and local planning. Mrs. CHRISTENSEN. Mr. Chairman, have done a great job in taking on a se- But as I looked at yesterday and de- I am proud to join my fellow com- rious problem in our homeland security termined that a small Cessna plane mittee members of the Committee on funding process. could come between or come near the Homeland Security in strong support The Faster and Smarter Funding For no-fly area of this particular region, I of H.R. 1544, the Faster and Smarter First Responders Act recognizes that, know that we are in some troubling Funding For the First Responders Act while we are sending significant fund- times. Yes, we survived yesterday, but of 2005. This bipartisan legislation was ing out to the States for emergency we survived it because it was a mistake unanimously supported at both the preparedness, that funding and support and because there were no intentions subcommittee and full committee lev- is not always used in a timely fashion. for terrorist acts. els of the Committee on Homeland Se- In Tennessee, my home State, we found This speaks to the need for this legis- curity. that between 2002 and 2004, there was lation, in particular, as we focus on the The chairman of the Committee on nearly $85 million in Federal homeland more troubling areas or the more vul- Homeland Security, the gentleman security funds that had been unspent nerable areas to terrorist attacks, but from California (Mr. COX), and the gen- and not allocated. it also speaks to moving quickly to au- tleman from Mississippi (Ranking thorize our Homeland Security legisla- b 1215 Member THOMPSON) should receive high tion. praise, as they have on the floor al- And there is a problem when states More importantly, one of the con- ready this morning, for the skillful like mine have the Federal funds but cerns I have, Mr. Chairman, is the manner in which they worked so swift- are not disbursing them as quickly as whole idea of cutting-edge technology. ly to shepherd this important bill is needed by our local communities. We Technology is going to be the key to through our committee and to the floor have appropriated Homeland Security the whole focus of Homeland Security. of the House. dollars to the States in order to ensure Technology at the border, technology Over the past 2 years, the committee that funding is flexible and can be tar- as it relates to cybersecurity, tech- has traveled around the country to lis- geted to the specific needs of our local nology in airport screening. This is a ten to the first responders. We used the communities, and we need to work to first step. And because of the heroic ef- information garnered from these meet- be sure that those funds are being used forts of our first responders on 9/11 and ings as a guide in developing the first appropriately. the acts of theirs throughout this time piece of legislation. H.R. 1544 seeks to Mr. Chairman, this bill really clari- frame, this is an outstanding legisla- remedy the problems first responders fies the appropriate uses for Federal tive initiative that will set, if you will, face because of a lack of guidance and Homeland Security grants and evalu- us on a pathway of securing our local standards, the need for flexibility in ates and annually prioritizes pending communities. I hope that we will be how they can use first responder fund- grant applications, and it is great that smart in our legislative amendments. ing, as well as just getting the money our local communities and our States And I do not believe we need to move to them in the first place. It also pro- are going to have the support they forward on the Castle amendment. If vides a vehicle for ongoing first re- need in the communities, the guidance there is a certification process on the sponder participation and planning and that they need to appropriately use the donated equipment that will come to updating essential capabilities with funds and put it to work, put it to good our Fire Departments, then so be it. the department and responds to the use in our communities. But on liability, even volunteer or do- issue of how grants will be distributed Mr. THOMPSON of Mississippi. Mr. nated equipment should not endanger and on what basis. Chairman, I yield 3 minutes to the gen- our Fire Departments. My own district, the U.S. Virgin Is- tlewoman from Texas (Ms. JACKSON- This is the right decision to make lands, came under scrutiny this year, LEE), a member of the committee. with respect to this legislation. I hope particularly because of poor funding Ms. JACKSON-LEE of Texas. Mr. my colleagues will pass it, but I hope it levels. When one assesses vulnerability Chairman, I thank the gentleman from will be a signal that more work needs and risk, as this bill lays out very California (Mr. COX), the distinguished to be done. clearly as the basis for distribution of Chairman very much for his leadership, Mr. Chairman, I rise in strong support of the level funding for the first time, my dis- and the gentleman from Mississippi legislation we consider today, H.R. 1544, the trict would still be fairly treated and (Mr. THOMPSON), the ranking member Faster and Smarter Funding for First Re- receive the funding that they need. for yielding. This truly is a bipartisan sponders Act of 2005. On April 21, 2005, I And, importantly, H.R. 1544 will pro- bill, and it falls on the backdrop of an joined my colleagues in the Committee on vide monitoring of the use of the funds interesting but yet telling experience. Homeland Security to pass this important provided for under this bill, through an First of all, let me take the oppor- measure unanimously, and I urge my col- office of the comptroller, which re- tunity to thank all of the Capitol Hill leagues to do so today. sponds to the rightful concerns of the staff and the Capitol Hill police, all of I thank Chairman COX and Ranking Member appropriators. the Sergeant of Arms staff. Sometimes THOMPSON for their tremendous efforts to Mr. Chairman, most importantly, we do not share the appreciation for make this legislation bipartisan. I am an origi- H.R. 1544 implements relevant 9/11 the work that they have to do. And I nal cosponsor of this measure just as I was Commission recommendations to allo- want to acknowledge them for doing it for that introduced in the 108th Congress, cate Federal homeland security funds in a very difficult scenario. H.R. 3266, so my overall support for this initia- to first responders based on risk rather I think yesterday, as I rise to support tive is abundantly clear. than political formulas. In doing so, we this bill, particularly, as it is focused I offered an amendment in the context of not only do what is right, but we honor on risk analysis, which means that we H.R. 3266, the rendition of today’s legislation

VerDate Aug 04 2004 00:42 May 13, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 7634 Sfmt 9920 E:\CR\FM\A12MY7.008 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3219 that was introduced in the 108th Congress pacity, is the world’s sixth largest seaport and Mr. MCCAUL of Texas. Mr. Chair- that proposed to increase the scope of the ter- the Nation’s largest oil port; man, I would like to also thank the rorism exercise programs that will be adminis- The Texas Medical Center, with 42 member gentleman from California (Chairman tered by the Secretary of DHS to include Cit- institutions, provides leading medical care to COX) and the gentleman from Mis- izen Corps Councils. Since the creation of this people from all over the world and is the sissippi (Mr. THOMPSON), the ranking committee even as a select body, I have world’s largest medical complex serving more member, for their bipartisan leadership found it increasingly important that we include than 70,000 daily; on this very important legislation. local ‘‘second responders’’ as often as pos- The Johnson Space Center, home of Mr. Chairman, I rise today in strong sible when advancing emergency prepared- NASA’s manned space program; support of the Faster and Smarter ness legislative initiatives. This body’s crafting The fourth largest airport system in the Funding for First Responders Act, and of a first responder bill as well as an author- country, with more than 43 million passengers I am proud to be an original cosponsor ization bill has given us an opportunity to traveling through its three area airports to do- of this bill. make our preparedness exercises more thor- mestic and international destinations; Among its provisions, this historic ough and ‘‘simulated.’’ Three national sport arenas hosting thou- legislation changes the current process A sense of Congress provision was accept- sands of fans for popular events; and by which our first responders get their ed in the bill introduced in the 108th Con- A nuclear power plant located approximately much-needed resources. gress. However, I offered and withdrew this 70 miles from the county. It is clear that the Nation is moving Mr. Chairman, H.R. 1544 will help the De- amendment at the markup of H.R. 1544 be- in the right direction in its attempt to partment of Homeland Security allocate the cause a similar provision, paragraph (11) has meet the security challenges of its first responder grant funds more prudently and been included in House Report 109–65. In ad- post-9/11 world. All involved should be expeditiously. I support the legislation and dition, I intend to pursue this initiative in the commended. urge my colleagues to join me. context of the authorization bill that will come However, the current first responder Mr. COX. Mr. Chairman, I yield 2 grant system is in need of repair. We before the House likely next week. I hope that minutes to the distinguished gen- my colleagues will work with me to further this must make sure that those who stand tleman from the State of Washington on the front lines and answer the call important goal. Section 2, paragraph (11) of (Mr. REICHERT). have the vital resources immediately. this report reads: Mr. REICHERT. Mr. Chairman, I am This commonsense bill accomplishes (11) Private sector resources and citizen vol- proud to be a member of the Homeland this. unteers can perform critical functions in as- Security Committee. I am also proud sisting in preventing and responding to ter- Despite the fact that my State of rorist attacks, and should be integrated into to be an original cosponsor of the Fast- Texas is home to the President’s ranch, State and local planning efforts to ensure er Smarter Funding for First Respond- the largest port in the United States, that their capabilities and roles are under- ers Act. I spent 33 years on the front the Port of Houston, and has an inter- stood, so as to provide enhanced State and lines as a law enforcement officer, and national border with Mexico, it ranks local operational capability and surge capac- I know that this legislation is vital. dead last in the amount of Homeland ity (emphasis added). I would like to thank the gentleman Security money it receives per person. The Citizen Corps program was launched from California (Chairman COX) and Unfortunately, many other key tar- by President George W. Bush himself during the gentleman from Mississippi (Mr. get states like California, New York, the 2002 State of the Union address as part THOMPSON), the ranking member, for Pennsylvania, Florida, Illinois, and of the USA Freedom Corps initiative to en- their leadership on this important leg- Virginia, join Texas in this distinction. gage Americans in volunteer service. islation. To ensure that the States with the In only 2 years, nearly 1,000 communities My home, Seattle region, is unique, biggest risks and threats get the nec- around the country, encompassing 40 percent sharing 150 nautical miles of maritime essary money to protect themselves, of the U.S. population established Citizen border with Canada and acting as hub our Nation must move towards a risk- Corps Councils to help inform and train citi- for international trade and travel. It based funding system. zens in emergency preparedness and to co- includes businesses such as Microsoft Those like al Qaeda, who wish to do ordinate and expand opportunities for citizen and Boeing. All these factors combine harm to America, have a track record volunteers to participate in homeland security to create an area vulnerable to a ter- of being patient and conspiring until efforts and make our communities safer. Fifty- rorist attack. they succeed in their terrorist agenda. two states and territories also formed State We must make sure that Homeland By passing the Faster and Smarter level Citizen Corps Councils to support local Security dollars are going where they Funding for First Responders Act, we efforts. are needed, as the 9/11 commission re- are placing a priority on securing our Our families need to be aware of the threats port specifically recommended, and Nation’s most essential and at-risk tar- that exist from abroad. Homeland security is a that they are properly spent once they gets as quickly as possible. very important issue that we may not think are allocated. Mr. THOMPSON of Mississippi. Mr. about in our daily lives. This legislation addresses the most Chairman, I continue to reserve the The Houston branch of the Citizen Corps important aspect of Homeland Secu- balance of my time. Council is headquartered in my Congressional rity, and that is evaluation of threat Mr. COX. Mr. Chairman, I yield 3 District, Harris County, which is in south- and risk. In this bill, we make sure the minutes to the distinguished gen- eastern Texas, comprises 1,779 square miles, majority of first-responder funding is tleman from the State of New York and encompasses the city of Houston, 32 ad- threat-based. The current model is out- (Mr. FOSSELLA). ditional smaller cities, and is the home for dated, distributing more money to (Mr. FOSSELLA asked and was given nearly 4 million residents. Harris County is the areas with fairly benign risks than to permission to revise and extend his re- third most populous county in the United areas that we know terrorists would marks.) States and one of the most culturally diverse. like to attack, like New York City and Mr. FOSSELLA. Mr. Chairman, at This report language that I cited above is a the Capitol of our great Nation. the outset, let me thank the gentleman good step toward getting the necessary fund- I ask that the House take action from Mississippi (Mr. THOMPSON), the ing and support needed to implement the Cit- today and move for more effective risk- ranking member, and especially the izen Corps concept. Overall, the threat-based based funding for first responders. gentleman from California (Chairman grant provisions found in the underlying legis- Again, I would like to thank the Chair- COX) for his leadership and under- lation will help high-density threat-laden cities man and the ranking member for their standing of this very complex but crit- such as Houston, TX. hard work. ical issue, as well as all Members, espe- Harris County is home to numerous poten- Mr. THOMPSON of Mississippi. Mr. cially those from New York who have tial terrorist targets: Chairman, at this time we do not have worked on this, such as the gentleman The Port of Houston, which ranks first in the another speaker, and I would like to re- from New York (Mr. KING) and espe- United States in foreign waterborne com- serve the balance of my time. cially the gentleman from New York merce, is the leading domestic and inter- Mr. COX. Mr. Chairman, I yield 2 (Mr. SWEENEY) who have been dogged national center for almost every segment of minutes to the distinguished gen- in ensuring that New York as well as the oil and gas industry, houses almost half of tleman from the State of Texas (Mr. all communities get their fair share to the Nation’s petrochemicals manufacturing ca- MCCAUL). deal with Homeland Security.

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A12MY7.014 H12PT1 H3220 CONGRESSIONAL RECORD — HOUSE May 12, 2005 Currently, Federal Homeland Secu- Mr. THOMPSON of Mississippi. Mr. I look forward to the passage of this rity funds, and I would like to engage Chairman, I reserve the balance of my legislation and working on other pieces the Chairman in a colloquy, if I may, time. of legislation of mutual agreement can be used for overtime but cannot be Mr. COX. Mr. Chairman, I yield 2 which we have already discussed. It ap- used to provide any support to law en- minutes to the distinguished gen- pears that additional legislation will forcement activities dedicated exclu- tleman from the State of New Mexico be forthcoming. I would like to thank sively to counterterrorism. It is also (Mr. PEARCE). the ranking member of the committee, prohibited to use the money for con- Mr. PEARCE. Mr. Chairman, I would the gentleman from New Jersey (Mr. struction, which is often the very thing like to thank the gentleman from Cali- PASCRELL), for providing me signifi- most needed for hardened targets. fornia (Chairman COX) and the gen- cant leadership in this legislation. New York City has by far the largest tleman from Mississippi (Mr. THOMP- Mr. Chairman, I yield back the bal- force dedicated exclusively to counter- SON), the ranking member, for bringing ance of my time. terrorism. Every single day, we have this legislation to the floor. Mr. COX. Mr. Chairman, I yield my- hundreds, if not thousands of police of- All of us are engaged in trying to self such time as I may consume. ficers protecting the lives of not just make America safer during these times Mr. Chairman, I want to return the New Yorkers, but the millions who of turmoil and terrorism. Currently, compliment to the gentleman from come to New York City to work and to what we are doing is distributing Mississippi (Mr. THOMPSON). This has vacation. Its officers span the globe, money based simply on formulation, been a collaborative effort for several from Guantanamo Bay to Israel to Af- where the only variable is based on years now. I also want to pay homage ghanistan, working in many instances population. to the gentleman from Mississippi’s with federal and foreign officials on in- We are recognizing that terrorists (Mr. THOMPSON) predecessor, Mr. TURN- telligence initiatives. These officers are going to work one step ahead of us. ER of Texas, who also led the minority have the unique role of safeguarding We are recognizing that the threats ably on this issue. America’s largest city, home to some will be imminent, and we must have a Today we have an opportunity to es- of the Nation’s most symbolic build- better way to assess our funding proc- tablish a new grant process to provide ings and landmarks, several Federal as- ess. In this bill, H.R. 1544, the Faster better support to the brave men and sets and the country’s economic cen- and Smarter Funding for Our First Re- women who are the first to rush into ter. sponders, we begin to recognize that burning buildings, the people who place Just as the unique nature of the Cap- funding should be risk-based, where we themselves in the line of fire to protect itol complex requires a dedicated force, assess the threats, and we are accom- the innocent, the ones who save the the Capitol police, which does a great plishing that. sick and wounded under the most try- job every single day, New York needs It is the first time since 9/11 that we ing of circumstances. its own dedicated force to help prevent have wrestled with the complex formu- It is no accident that this bill has terrorist strikes against New York’s 8 lation of how to distribute funds out been endorsed by every major first re- million residents, its millions of tour- and to achieve better and safer Home- sponders group in America, by the ists, and its numerous national land- land Security. Bush administration, by the 9/11 Com- marks and those Federal assets I men- In this bill, for the first time, risk mission; and, indeed, I expect it will re- tioned. and threat assessments are being in- ceive a strong endorsement from our I submitted an amendment address- cluded. And for myself, representing a colleagues on both sides of the aisle. ing these issues to the Rules Com- rural district where we have 180 miles I encourage my colleagues to vote in mittee. I understand the Chairman and of Mexico border, with only 150 miles of favor of H.R. 1544. By passing this bill, others expressed concern over the that simply with no fence, we are in- we will take yet another important amendment, and given the situation, I terested in threat assessment and risk step since September 11 to help our Na- withdrew the amendment and asked assessment. tion meet the urgent challenge of ter- the Chairman to work with me on this New Mexico also has agriculture, rorism in our cities and hometowns. important issue as the bill moves for- food, energy, dams and health care fa- Mr. HASTERT. Mr. Chairman, just yesterday ward towards conference. cilities, as well as energy, oil and gas, we saw the important role that first responders Mr. COX. Mr. Chairman, will the gen- and we must consider those, the risk of play in keeping our nation safe. I want to com- tleman yield? those facilities and to those industries, mend Police Chief Terrance Gainer and the Mr. FOSSELLA. I would be delighted as well as simply population-based U.S. Capitol Police for a quick, professional to yield to the gentleman from Cali- risks. So for the first time, rural Amer- response that protected the Members of the fornia. ica is being able to define the capa- House of Representatives, our employees as Mr. COX. Mr. Chairman, I would like bility with which they should have to to note that the bill before us today ex- well as the Capitol visitors. prepare for terrorist attacks. We live in a new day when homeland secu- pressly permits grant recipients to use, The Task Force on Terrorism Pre- rity threats can come at any time, in any form. with the approval of the Secretary of paredness will assist the Secretary of Yesterday’s events highlight how important it Homeland Security, up to 10 percent of Homeland Security in updating, revis- is that the United States stays vigilant and their covered grant funds for measures ing and replacing essential capability prepared. H.R. 1544, the Faster and Smarter to protect critical infrastructure, and for terrorism preparedness, and will Funding for First Responders Act of 2005, is this would include building barriers, consist of members from both rural and a much-needed step towards that effort. fences, gates and so on. In the case of urban areas. New York, that would mean that $21 This legislation cuts the red tape and million would be available for this pur- b 1230 streamlines the grant system so that des- pose. Mr. Chairman, I again thank the perately needed preparedness funds can get The question of using Federal grant ranking member and the chairman for to communities without delay on the part of funds to pay for the salaries of local bringing this bill forward. I think the Federal Government. In exchange, it es- law enforcement officers is a very con- America will be better served. tablishes measurable goals so that local au- sequential one with impacts far beyond The Acting CHAIRMAN (Mr. TERRY). thorities can achieve a baseline of security for New York. The resolution of that ques- The gentleman from California (Mr. their communities. And, because we all know tion and all of its complexity is beyond COX) has 1 minute remaining. how much can be done working together, this the scope of this bill, but I want the Mr. THOMPSON of Mississippi. Mr. bill encourages States, localities and commu- gentleman to know that I appreciate Chairman, I yield myself such time as nities to pool their resources and apply jointly the gentleman’s comments, and I will I may consume. for these grants. Such regional cooperation look forward to working with him on Mr. Chairman, let me again thank can ensure a tighter net while incurring less these issues in the future. the chairman of the committee for cost. Mr. FOSSELLA. Mr. Chairman, re- working with the minority on this leg- The bill focuses on getting funds to the claiming my time, I thank the chair- islation. It has been a very bipartisan communities that need them, while protecting man again for this and what we will effort. It speaks well for his leadership. valuable taxpayer dollars from misuse. Misuse seek to achieve as well in the future. I compliment him on it. has occurred. Shortly after the September

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 7634 Sfmt 9920 E:\CR\FM\K12MY7.038 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3221 11th attacks, we began sending money to the we are considering today. The Faster and minimum-funding baseline. Currently, the De- States, and unfortunately, some of those tax- Smarter Funding for First Responders Act ap- partment’s inconsistent methodology for ex- payer dollars went towards inappropriate uses: propriately directs resources towards those tracting data about key critical infrastructure like air-conditioned garbage trucks, plasma tel- areas that face the highest threat of a terrorist assets can potentially result in incomplete and evision monitors and a rap song to teach chil- attack, rather than disbursing homeland secu- frankly, inadequate vulnerability assessments. dren about emergency preparedness. Amer- rity funds without regard to risk. The 9/11 Minimum-funding baselines reinforce this ica’s homeland security is paramount. We will Commission has endorsed this risk-based ap- evolving system and provide additional protec- never become safe through waste. This legis- proach to homeland security funding, the UASI tion to the thousands of ‘‘soft targets,’’ by en- lation has safeguards to ensure that the program is consistent with this methodology suring that all States receive sufficient funding money goes to the men and women on the and should be preserved. to meet basic homeland security needs. front lines of the war on terror in the United Mr. CASTLE. Mr. Chairman, I rise today to While I support the purpose of this legisla- States, our first responders. express my support for a fair and effective tion, I intend to remain engaged throughout A number of groups representing those first system of distributing homeland security conference with the Senate to ensure we responders have come out in support of this grants to our nation’s courageous first-re- reach a compromise for a State formula that legislation, including the International Associa- sponders. As a former Governor, I have long is fair and refrains from cutting into States’ tion of Fire Chiefs, the Fraternal Order of Po- been concerned about our government’s abil- preparedness efforts. Homeland security fund- lice, the National Troopers Coalition and the ity to accurately assess national threats, risks, ing can be both efficient and effective and we National Association of Emergency Medical and vulnerabilities. For this reason, I have should settle for no less. Technicians. been an adamant proponent of improving and Mrs. CUBIN. Mr. Chairman, we have all H.R. 1544 will make the homeland security streamlining the application and distribution heard talk of how Wyoming and other rural grant program more effective. It fulfills the rec- process for these important grant programs. States do not deserve their razor-thin slice of ommendations of the 9/11 Commission, which The current grant allocation system is large- the Homeland Security pie because they have cautioned in its report last year that Congress ly population-based. While population is an es- higher per capita funding allocations than the should not use terrorism preparedness dollars sential factor, the top priority for determining likes of New York, Chicago, and Los Angeles. as ‘‘a pork barrel.’’ And most important, this the needs of our first-responders must be What the per capita statistics don’t tell you is legislation will get first responders the money based on the risk of terrorism and vulnerability that Wyoming’s fiscal year 2005 share of first they need to do their jobs. of a community. The 9/11 Commission pre- responder dollars amounted to around 4 per- Yesterday, we saw how the United States dicted in their report that one of our greatest cent of New York’s $298.3 million. has become more skilled in its homeland se- challenges would be how to allocate these lim- Attacking the first responder base minimum curity efforts. We’re doing better, but there’s ited resources, and I agree. With the tragic funding level might make for a good press re- still room for improvement. We cannot rest memories of that clear September day still lease, but in reality, the per capita argument until we’ve enacted every means possible to fresh in our minds, it is obvious that first-re- holds about as much water as a wicker bas- protect the United States from those who sponders in high-risk and high density areas, ket. Wyoming’s population may be spread would cause us harm. Today’s vote will go a such as New York City and Washington, DC, thin, but this only presents an additional chal- long way towards keeping this country safe for deserve an increased per capita share of the lenge to our first responders, who must deal American families. homeland security funding. with vast areas, rugged terrain and harsh Mr. MARKEY. Mr. Chairman, I rise to ex- While it is essential that we update the dis- press my support for H.R. 1544, the Faster weather with limited resources. tribution process to better reflect an assess- In 2004, nearly 100,000 shipments of haz- and Smarter Funding for First Responders ment of risk, it is also important that we en- ardous materials rolled through Wyoming, Act, and to reiterate the importance of the sure the homeland security needs of small whose rails and roads help make up the back- Urban Area Security Initiative, UASI. Since the establishment of the UASI pro- States and rural areas do not go unnoticed. In bone of the Northwest United States com- gram, communities that the Department of its report, the 9/11 Commission notes that due modity corridor. Wyoming is home to national Homeland Security has designated as being to the overwhelming focus on specific high-risk parks and landmarks, oil and gas pipelines, subject to a high threat of terrorist attack have areas, terrorists might begin turning their at- and coal reserves that supply over half of the received the funding to develop coordinated, tention to ‘‘softer,’’ less protected targets. As States in the Nation. Wyoming houses inter- integrated plans that leverage the capabilities representative of our nation’s sixth smallest continental ballistic missiles critical to our na- of the cities and towns within the UASI region State, I am concerned that in improving the tional defense system, placed there because that are needed to respond effectively in the current system, we might inadvertently over- rural America was thought to be safe and se- event of a terrorist attack. look citizens in States considered less likely to cure. During committee consideration of this legis- be vulnerable. In Delaware, the State Emer- Perhaps the First Responder Grants Board lation, I prepared an amendment to amend the gency Management Agency has expressed would adequately weigh these points, and per- bill to include within the ‘‘region’’ definition any some concern that our critical infrastructure haps not. I would rather avoid relying on such geographic area that has been designated by may be neglected. Such omissions could force bureaucratic uncertainty. I stand in opposition the Department of Homeland Security as a small States like Delaware to dip into other im- to H.R. 1544’s severe reduction in the base high-threat urban area as part of the Depart- portant programs, such as disaster prevention, minimum funding level because Wyoming’s ment’s UASI program. My amendment was in- in order to provide the resources and per- first responders depend on these very dollars tended to permit these UASI regions to con- sonnel necessary to handle certain attacks. to do their jobs and keep our citizens safe. tinue their important plans and strategies to While this legislation makes an important The need for reforming the grant distribution prevent, prepare for, and respond to terrorist change in the distribution of homeland security system is clear, and I applaud the Homeland attacks. I noted that the UASI program is con- funding by focusing resources on high-risk Security Committee for their efforts to incor- sistent with the purpose of H.R. 1544—namely areas, the challenge to define these risks re- porate risk assessment and hold States ac- that resources should be set aside for commu- mains. In fact, the Department of Homeland countable for how they spend those dollars. nities faced with unique threats and Security has never undertaken a comprehen- But I simply cannot support a bill that vulnerabilities, such as extensive critical infra- sive national risk assessment, and will not marginalizes the needs and unique challenges structure and large populations, which make complete their current study until at least faced by first responders in rural States like them tempting targets for terrorists. 2008. A national risk evaluation is imperative Wyoming. After receiving assurances from the chair- for determining how to allocate first-responder Ms. LORETTA SANCHEZ of California. Mr. man that he shares my interest in refining the grants, but obviously a thorough study will not Chairman, I rise today in strong support of legislation’s definition of region, I withdrew my be available for several years. Without a de- H.R. 1544, the Faster and Smarter Funding amendment. I understand that the chairman tailed study of our Nation’s vast critical infra- for First Responders Act of 2005. has discussed this important issue with the structure, the Department cannot truly know The bill we are voting on today is an impor- States and the UASI jurisdictions, and I appre- what level of funding should be dedicated to tant piece of legislation designed to better ciate the chairman’s pledge to work with me, large States, small States, urban areas, or support our first responders so that they can the UASI jurisdictions, and the States to ad- rural communities. help protect and defend our citizens against dress the UASI designation issue as this legis- To ensure first-responders across the coun- terrorist attack. lation moves forward. try have access to effective homeland security I strongly support H.R. 1544 and am proud It is my hope that the UASI program will be funding, it is essential that we continue to pro- to be a cosponsor, along with all of my col- preserved in the final version of the legislation vide each State with a fair and commonsense leagues on the Homeland Security committee,

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\CR\FM\A12MY7.021 H12PT1 H3222 CONGRESSIONAL RECORD — HOUSE May 12, 2005 from which this legislation passed unani- who seek to harm the innocent. Ensuring ef- This is a common sense bill that will ad- mously. fective and efficient funding for our first re- dress the problems in the current formula that I would like to congratulate Chairman COX, sponders is one of my highest priorities as a has been used to distribute first responder Chairman KING, Ranking Member THOMPSON member of Congress. funding over the past 3 years. and Ranking Member PASCRELL for bringing I urge passage of this legislation. Since the September 11, 2001, terrorist at- this bill to the floor in an expeditious and bi- Mr. BISHOP of New York. Mr. Chairman, I tacks, the Homeland Security Department has partisan manner. rise in strong support of H.R. 1544, The Fast- provided nearly $10.5 billion directly to state The core principle of the bill is to ensure er and Smarter Funding for First Responders and local ‘‘first responders,’’ such as emer- that homeland security is always viewed Act. gency personnel, law enforcement and other through the lens of directing resources to ad- As yesterday’s scare in this Capitol and agencies, to enhance their ability to prepare dress urgent security vulnerabilities in our across Washington, DC reminded us, we need for and respond to terrorist attacks. country. to make sure that our early warning system The USA PATRIOT Act guarantees each Security funding is fundamentally different and first response capability are highly effi- state, plus Puerto Rico and the District of Co- than other funds such as highway money, cient functions of our national security pre- lumbia, at least 0.75 percent of the total fund- where we try to spread the funds more-or-less paredness. ing available under the formula-based pro- evenly, and this bill reflects the changes need- First responders are the backbone of our gram. In allocating funding over the past 3 ed in our thinking to address our homeland national security. I am privileged to represent years, the Homeland Security Department’s security needs. New York’s finest firefighters, medical techni- Office of Domestic Preparedness has provided I would also like to thank the chairmen and cians, hospital employees, and other first re- the base amount, and has then distributed the ranking members for including language from sponders I’m proud to call good friends. remaining funding based on population. We owe them all the resources they require my proposed amendments that will: Under the current system in FY 2004 my to carry out the many dangerous and critically Create an office of Comptroller within ODP home State of Texas received the second low- important missions to secure our borders and to ensure oversight and accountability over est amount of funding per capita, receiving prepare this Nation for emergencies. only $5.35 per person, despite having the funds moving through the pipeline; I applaud the Homeland Security Committee Study the effects of waiving the Cash Man- longest international border of any state, the for producing a bipartisan bill that refines our second largest foreign port, and being home agement Improvement Act, so that its good first responder grant process to make sure governance intent does not have adverse con- funding we authorize is delivered quickly and to the Johnson Space Center, as well as hun- sequences; and efficiently to the brave men and women we dreds of energy production facilities and Grant conditional authorization to the Sec- call upon to protect us from the daily threats chemical plants. Wyoming however, which has retary of Homeland Security to make direct we face. no international borders or major metropolitan payments to localities, should States be un- After we pass this bill, I look forward to area, received $37.94 per capita. able to pass grant funds through to the local working with my colleagues toward restoring In its report, the September 11 Commission recipients in a timely fashion. funding in the homeland security budget and urged that first responder grants be distributed These are all important tools that will ensure addressing other shortfalls limiting the ability on the basis of risk, and this bill does that by that resources necessary to protect our citi- of first responders do their jobs. lowering the minimum guarantee for each zens are disbursed quickly and with strong ac- Mr. Chairman, we must guarantee that our state to 0.25 percent, or 0.45 percent for countability. home town heroes are properly funded and states that have an international border, and In closing I would like to reiterate my strong completely equipped and prepared to protect by requiring that the State Homeland Security support of H.R. 1544 and urge all my col- this Nation. I encourage my colleagues to sup- Grant Program, the Urban Area Security Initia- leagues to vote yes on this important piece of port this bill in order to help this Nation’s cou- tive and the Law Enforcement Terrorism Pre- legislation. rageous and outstanding first responders vention program be distributed based on 16 Mr. CANTOR. Mr. Speaker, I rise today in achieve this mission. threat criteria. This will ensure that Texans are support of H.R. 1544, the Faster and Smarter Mr. SALAZAR. Mr. Chairman, I rise today to not receiving $32.59 less per capita than citi- Funding for First Responders Act of 2005. express my support for H.R. 1544, The Faster zens in Wyoming. This essential legislation establishes common and Smarter Funding for First Responders H.R. 1544 will also require states to develop guidelines for the federal departments that Act. 3-year homeland-security plans for enhancing currently oversee our Nation’s existing ter- My colleagues and I agree there is a need their preparedness and response capabilities, rorism preparedness programs. to reform the current system for funding first and it requires all applicants, which will be ex- Since the attacks of September 11, 2001, responders across our Nation. The Depart- panded in this bill to also include regional or- our Nation has greatly reinforced our terrorism ment of Homeland Security and this Congress ganizations in addition to state agencies, to be response capabilities. Over $30 billion has should allocate Federal funds based on risk in consistent with the plan. been invested in state and local terrorism and order to protect critical infrastructure and high I strongly support these provisions because natural disaster preparedness programs. Still, profile targets from attack. I do want to take it will allow funding to go directly to the com- more needs to be done. this opportunity to express my concern that munities that need it most, rather than being We must remain vigilant and continue to largely rural states such as Colorado will see funneled through the state, and it requires that strengthen our defenses, take proactive meas- a decrease in Homeland Security grant funds. applicants specify how their grant fits into the ures, and ensure that first responders are As states prepare their risk assessment and plan. Over the past several years there have properly equipped. Though difficult, it is vital the Department of Homeland Security evalu- been numerous reports of states spending that we balance resources between all Home- ates them, I urge all parties to place high pri- homeland security grant dollars on items such land Security related fields to maximize our ority on protecting facilities such as dams, res- as traffic cones in Des Moines, air-conditioned ability to protect the American people. ervoirs and other potential targets outside of garbage trucks in Newark, NJ, and bullet-proof This legislation will provide assistance to urban centers. I also urge the proper authori- vests for dogs in Columbus, Ohio. A recent re- areas of our country facing greater risk, while ties to take advantage of the provisions in this port about Texas found that the Texas Engi- ensuring that all areas are provided the nec- bill that allow the formation of regional co- neering Extension Service, the agency which essary support, streamlining existing terrorism operatives to pursue Homeland Security distributes Homeland Security funds in Texas, preparedness grants, establishing measurable funds. was not providing proper oversight and cities goals, and creating new regional terrorism pre- Mr. Chairman, as we witnessed yesterday, and counties were spending this money on paredness grants. our Nation is better prepared for security questionable items. This is not how Homeland In addition, a board of appropriate Home- threats, but much work remains to be done. It Security dollars were intended to be spent, land Security officials will be created to evalu- is my hope that the important reforms con- and this bill will cut down on the frivolous and ate the nation’s high risk areas. I will fight to tained in this bill will speed the delivery of excessive spending that has taken place with illustrate the vulnerabilities and high level of money to the appropriate agencies and fund- this money over the past 3 years. risk that confronts the 7th District of Virginia ing will be directed to where it is needed the Mr. Chairman, because this bill creates a on a daily basis. I will ensure the proper data most. formula to distribute grant money based on illustrating the risk to these localities is taken Mr. GENE GREEN of Texas. Mr. Chairman, threat criteria, because it provides for better into account. I rise today in support of this bill, the Faster oversight of spending, and because it allows First responders are America’s first and last and Smarter Funding for First Responders regional organizations as well as states to line of protection against murderous terrorists Act. apply for grant funding, I strongly support this

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 7634 Sfmt 9920 E:\CR\FM\A12MY7.025 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3223 bill and would urge my colleagues to do the SECTION 1. SHORT TITLE. coordinate private sector support for State and same. This Act may be cited as the ‘‘Faster and local first responders. Such models should be ex- Mr. CARDIN. Mr. Chairman, I rise in strong Smarter Funding for First Responders Act of panded to cover all States and territories. support of H.R. 1544, the Faster and Smarter 2005’’. (13) An important aspect of terrorism pre- Funding for First Responders Act of 2005. SEC. 2. FINDINGS. paredness is measurability, so that it is possible The Congress finds the following: to determine how prepared a State or local gov- This bill will: give priority assistance to first re- ernment is now, and what additional steps it sponders facing greatest risk; require input (1) In order to achieve its objective of pre- venting, minimizing the damage from, and as- needs to take, in order to prevent, prepare for, from first responders when setting criteria for sisting in the recovery from terrorist attacks, the respond to, mitigate against, and recover from grant applications; streamline terrorism pre- Department of Homeland Security must play a acts of terrorism. paredness grants; set specific, flexible, and leading role in assisting communities to reach (14) The Department of Homeland Security measurable goals for state and local govern- the level of preparedness they need to prevent should establish, publish, and regularly update ment terrorism preparedness; and for the first and respond to a terrorist attack. national voluntary consensus standards for time authorize regional terrorism preparedness (2) First responder funding is not reaching the both equipment and training, in cooperation grants. men and women of our Nation’s first response with both public and private sector standard In the 108th Congress I was privileged to teams quickly enough, and sometimes not at all. setting organizations, to assist State and local governments in obtaining the equipment and serve on the Select Committee on Homeland (3) To reform the current bureaucratic process so that homeland security dollars reach the first training to attain the essential capabilities for Security, the predecessor to the permanent first response to acts of terrorism, and to ensure Homeland Security Committee, which has responders who need it most, it is necessary to clarify and consolidate the authority and proce- that first responder funds are spent wisely. brought this bill to the floor today. dures of the Department of Homeland Security SEC. 3. FASTER AND SMARTER FUNDING FOR This bill implements one of the most impor- that support first responders. FIRST RESPONDERS. tant recommendations of the 9/11 Commis- (4) Ensuring adequate resources for the new (a) IN GENERAL.—The Homeland Security Act sion, which stated that ‘‘homeland security as- national mission of homeland security, without of 2002 (Public Law 107–296; 6 U.S.C. 361 et seq.) sistance should be based strictly on assess- degrading the ability to address effectively other is amended— ment of risks and vulnerabilities . . . [F]ederal types of major disasters and emergencies, re- (1) in section 1(b) in the table of contents by homeland security assistance should not re- quires a discrete and separate grant making adding at the end the following: main a program for general revenue sharing. process for homeland security funds for first re- ‘‘TITLE XVIII—FUNDING FOR FIRST It should supplement state and local resources sponse to terrorist acts, on the one hand, and RESPONDERS for first responder programs designed to meet based on the risks or vulnerabilities that merit ‘‘Sec. 1801. Definitions. pre-September 11 priorities, on the other. additional support. Congress should not use ‘‘Sec. 1802. Faster and Smarter Funding for (5) While a discrete homeland security grant First Responders. this money as a pork barrel.’’ making process is necessary to ensure proper ‘‘Sec. 1803. Covered grant eligibility and cri- Under this legislation, states for the first focus on the unique aspects of terrorism pre- teria. time must prioritize their spending among their paredness, it is essential that State and local ‘‘Sec. 1804. Risk-based evaluation and jurisdictions based on risk, threat, vulnerability, strategies for utilizing such grants be integrated, prioritization. and consequences of a terrorist attack. This to the greatest extent practicable, with existing ‘‘Sec. 1805. Task Force on Terrorism Prepared- legislation includes new criteria that I authored State and local emergency management plans. ness for First Responders. (6) Homeland security grants to first respond- in committee which will benefit Maryland. For ‘‘Sec. 1806. Use of funds and accountability re- ers must be based on the best intelligence con- example, the bill requires the Department of quirements. cerning the capabilities and intentions of our Homeland Security (DHS) to consider, when ‘‘Sec. 1807. National standards for first re- terrorist enemies, and that intelligence must be making grants, whether the state or local gov- sponder equipment and training.’’ used to target resources to the Nation’s greatest ernment has a significant transient commuting (2) by adding at the end the following: threats, vulnerabilities, and consequences. or tourist population, such as Marylanders who (7) The Nation’s first response capabilities will ‘‘TITLE XVIII—FUNDING FOR FIRST commute back and forth between Washington, be improved by sharing resources, training, RESPONDERS Baltimore, and the suburbs. The bill also au- planning, personnel, and equipment among ‘‘SEC. 1801. DEFINITIONS. thorizes DHS to consider whether the state or neighboring jurisdictions through mutual aid ‘‘In this title: local government has a close proximity to spe- agreements and regional cooperation. Such re- ‘‘(1) BOARD.—The term ‘Board’ means the cific past acts of terrorism (such as the Mary- gional cooperation should be supported, where First Responder Grants Board established under land suburbs of Washington, DC), or the appropriate, through direct grants from the De- section 1804. known activity of any terrorist group. The bill partment of Homeland Security. ‘‘(2) COVERED GRANT.—The term ‘covered authorizes grants to regional governments with (8) An essential prerequisite to achieving the grant’ means any grant to which this title ap- a population of more than 1.65 million people, Nation’s homeland security objectives for first plies under section 1802. responders is the establishment of well-defined ‘‘(3) DIRECTLY ELIGIBLE TRIBE.—The term ‘di- which would allow the Baltimore metro region, national goals for terrorism preparedness. These rectly eligible tribe’ means any Indian tribe or and the surrounding counties of Baltimore, goals should delineate the essential capabilities consortium of Indian tribes that— Howard, and Anne Arundel to apply for re- that every jurisdiction in the United States ‘‘(A) meets the criteria for inclusion in the gional counter-terrorism grants that will help to should possess or to which it should have ac- qualified applicant pool for Self-Governance prevent an attack and better prepare the coun- cess. that are set forth in section 402(c) of the Indian ty governments to respond in a coordinated (9) A national determination of essential ca- Self-Determination and Education Assistance fashion to an attack. The bill also requires pabilities is needed to identify levels of State Act (25 U.S.C. 458bb(c)); states to make timely awards to state and and local government terrorism preparedness, to ‘‘(B) employs at least 10 full-time personnel in local government, and requires an 80 percent determine the nature and extent of State and a law enforcement or emergency response agen- pass through within 45 days. local first responder needs, to identify the cy with the capacity to respond to calls for law human and financial resources required to ful- enforcement or emergency services; and This legislation is an important improvement fill them, to direct funding to meet those needs, ‘‘(C)(i) is located on, or within 5 miles of, an in our commitment to a strong homeland de- and to measure preparedness levels on a na- international border or waterway; fense and deserves our support. tional scale. ‘‘(ii) is located within 5 miles of a facility des- Mr. COX. Mr. Chairman, I yield back (10) To facilitate progress in achieving, main- ignated as high-risk critical infrastructure by the balance of my time. taining, and enhancing essential capabilities for the Secretary; The Acting CHAIRMAN. All time for State and local first responders, the Department ‘‘(iii) is located within or contiguous to one of general debate has expired. of Homeland Security should seek to allocate the 50 largest metropolitan statistical areas in Pursuant to the rule, the committee homeland security funding for first responders the United States; or amendment in the nature of a sub- to meet nationwide needs. ‘‘(iv) has more than 1,000 square miles of In- stitute printed in the bill shall be con- (11) Private sector resources and citizen vol- dian country, as that term is defined in section sidered as an original bill for the pur- unteers can perform critical functions in assist- 1151 of title 18, United States Code. pose of amendment under the 5-minute ing in preventing and responding to terrorist at- ‘‘(4) ELEVATIONS IN THE THREAT ALERT rule and shall be considered as read. tacks, and should be integrated into State and LEVEL.—The term ‘elevations in the threat alert The text of the committee amend- local planning efforts to ensure that their capa- level’ means any designation (including those bilities and roles are understood, so as to pro- that are less than national in scope) that raises ment in the nature of a substitute is as vide enhanced State and local operational capa- the homeland security threat level to either the follows: bility and surge capacity. highest or second highest threat level under the H.R. 1544 (12) Public-private partnerships, such as the Homeland Security Advisory System referred to Be it enacted by the Senate and House of Rep- partnerships between the Business Executives in section 201(d)(7). resentatives of the United States of America in for National Security and the States of New Jer- ‘‘(5) EMERGENCY PREPAREDNESS.—The term Congress assembled, sey and Georgia, can be useful to identify and ‘emergency preparedness’ shall have the same

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meaning that term has under section 602 of the Federal Fire Prevention and Control Act of 1974 ‘‘(1) IN GENERAL.—Except as otherwise pro- Robert T. Stafford Disaster Relief and Emer- (15 U.S.C. 2229, 2229a). vided in this subsection, any State, region, or gency Assistance Act (42 U.S.C. 5195a). ‘‘(3) EMERGENCY MANAGEMENT PLANNING AND directly eligible tribe may apply for a covered ‘‘(6) ESSENTIAL CAPABILITIES.—The term ‘es- ASSISTANCE ACCOUNT GRANTS.—The Emergency grant by submitting to the Secretary an applica- sential capabilities’ means the levels, avail- Management Performance Grant program and tion at such time, in such manner, and con- ability, and competence of emergency personnel, the Urban Search and Rescue Grants program taining such information as is required under planning, training, and equipment across a va- authorized by title VI of the Robert T. Stafford this subsection, or as the Secretary may reason- riety of disciplines needed to effectively and effi- Disaster Relief and Emergency Assistance Act ably require. ciently prevent, prepare for, respond to, and re- (42 U.S.C. 5195 et seq.); the Departments of Vet- ‘‘(2) DEADLINES FOR APPLICATIONS AND cover from acts of terrorism consistent with es- erans Affairs and Housing and Urban Develop- AWARDS.—All applications for covered grants tablished practices. ment, and Independent Agencies Appropriations must be submitted at such time as the Secretary ‘‘(7) FIRST RESPONDER.—The term ‘first re- Act, 2000 (113 Stat. 1047 et seq.); and the Earth- may reasonably require for the fiscal year for sponder’ shall have the same meaning as the quake Hazards Reduction Act of 1977 (42 U.S.C. which they are submitted. The Secretary shall term ‘emergency response provider’. 7701 et seq.). award covered grants pursuant to all approved ‘‘(8) INDIAN TRIBE.—The term ‘Indian tribe’ ‘‘SEC. 1803. COVERED GRANT ELIGIBILITY AND applications for such fiscal year as soon as means any Indian tribe, band, nation, or other CRITERIA. practicable, but not later than March 1 of such organized group or community, including any ‘‘(a) GRANT ELIGIBILITY.—Any State, region, year. Alaskan Native village or regional or village cor- or directly eligible tribe shall be eligible to apply ‘‘(3) AVAILABILITY OF FUNDS.—All funds poration as defined in or established pursuant for a covered grant. awarded by the Secretary under covered grants to the Alaskan Native Claims Settlement Act (43 ‘‘(b) GRANT CRITERIA.—The Secretary shall in a fiscal year shall be available for obligation U.S.C. 1601 et seq.), which is recognized as eligi- award covered grants to assist States and local through the end of the subsequent fiscal year. ble for the special programs and services pro- governments in achieving, maintaining, and en- ‘‘(4) MINIMUM CONTENTS OF APPLICATION.— vided by the United States to Indians because of hancing the essential capabilities for terrorism The Secretary shall require that each applicant their status as Indians. preparedness established by the Secretary. include in its application, at a minimum— ‘‘(9) REGION.—The term ‘region’ means— ‘‘(c) STATE HOMELAND SECURITY PLANS.— ‘‘(A) the purpose for which the applicant ‘‘(A) any geographic area consisting of all or ‘‘(1) SUBMISSION OF PLANS.—The Secretary seeks covered grant funds and the reasons why parts of 2 or more contiguous States, counties, shall require that any State applying to the Sec- the applicant needs the covered grant to meet municipalities, or other local governments that retary for a covered grant must submit to the the essential capabilities for terrorism prepared- have a combined population of at least 1,650,000 Secretary a 3-year State homeland security plan ness within the State, region, or directly eligible or have an area of not less than 20,000 square that— tribe to which the application pertains; miles, and that, for purposes of an application ‘‘(A) describes the essential capabilities that ‘‘(B) a description of how, by reference to the for a covered grant, is represented by 1 or more communities within the State should possess, or applicable State homeland security plan or governments or governmental agencies within to which they should have access, based upon plans under subsection (c), the allocation of such geographic area, and that is established by the terrorism risk factors relevant to such com- grant funding proposed in the application, in- law or by agreement of 2 or more such govern- munities, in order to meet the Department’s cluding, where applicable, the amount not ments or governmental agencies in a mutual aid goals for terrorism preparedness; passed through under section 1806(g)(1), would agreement; or ‘‘(B) demonstrates the extent to which the assist in fulfilling the essential capabilities for ‘‘(B) any other combination of contiguous State has achieved the essential capabilities that terrorism preparedness specified in such plan or local government units (including such a com- apply to the State; plans; bination established by law or agreement of two ‘‘(C) demonstrates the needs of the State nec- ‘‘(C) a statement of whether a mutual aid or more governments or governmental agencies essary to achieve, maintain, or enhance the es- agreement applies to the use of all or any por- in a mutual aid agreement) that is formally cer- sential capabilities that apply to the State; tion of the covered grant funds; tified by the Secretary as a region for purposes ‘‘(D) includes a prioritization of such needs ‘‘(D) if the applicant is a State, a description of this Act with the consent of— based on threat, vulnerability, and consequence of how the State plans to allocate the covered ‘‘(i) the State or States in which they are lo- assessment factors applicable to the State; grant funds to regions, local governments, and cated, including a multi-State entity established ‘‘(E) describes how the State intends— Indian tribes; by a compact between two or more States; and ‘‘(i) to address such needs at the city, county, ‘‘(ii) the incorporated municipalities, counties, ‘‘(E) if the applicant is a region— regional, tribal, State, and interstate level, in- ‘‘(i) a precise geographical description of the and parishes that they encompass. cluding a precise description of any regional ‘‘(10) TASK FORCE.—The term ‘Task Force’ region and a specification of all participating means the Task Force on Terrorism Prepared- structure the State has established for the pur- and nonparticipating local governments within ness for First Responders established under sec- pose of organizing homeland security prepared- the geographical area comprising that region; tion 1805. ness activities funded by covered grants; ‘‘(ii) a specification of what governmental en- ‘‘(11) TERRORISM PREPAREDNESS.—The term ‘‘(ii) to use all Federal, State, and local re- tity within the region will administer the ex- ‘terrorism preparedness’ means any activity de- sources available for the purpose of addressing penditure of funds under the covered grant; and signed to improve the ability to prevent, prepare such needs; and ‘‘(iii) a designation of a specific individual to for, respond to, mitigate against, or recover from ‘‘(iii) to give particular emphasis to regional serve as regional liaison; threatened or actual terrorist attacks. planning and cooperation, including the activi- ‘‘(F) a capital budget showing how the appli- ties of multijurisdictional planning agencies cant intends to allocate and expend the covered ‘‘SEC. 1802. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS. governed by local officials, both within its juris- grant funds; ‘‘(a) COVERED GRANTS.—This title applies to dictional borders and with neighboring States; ‘‘(G) if the applicant is a directly eligible grants provided by the Department to States, re- ‘‘(F) with respect to the emergency prepared- tribe, a designation of a specific individual to gions, or directly eligible tribes for the primary ness of first responders, addresses the unique as- serve as the tribal liaison; and purpose of improving the ability of first re- pects of terrorism as part of a comprehensive ‘‘(H) a statement of how the applicant intends sponders to prevent, prepare for, respond to, State emergency management plan; and to meet the matching requirement, if any, that mitigate against, or recover from threatened or ‘‘(G) provides for coordination of response and applies under section 1806(g)(2). actual terrorist attacks, especially those involv- recovery efforts at the local level, including pro- ‘‘(5) REGIONAL APPLICATIONS.— ‘‘(A) RELATIONSHIP TO STATE APPLICATIONS.— ing weapons of mass destruction, administered cedures for effective incident command in con- A regional application— under the following: formance with the National Incident Manage- ‘‘(i) shall be coordinated with an application ‘‘(1) STATE HOMELAND SECURITY GRANT PRO- ment System. submitted by the State or States of which such GRAM.—The State Homeland Security Grant ‘‘(2) CONSULTATION.—The State plan sub- Program of the Department, or any successor to mitted under paragraph (1) shall be developed region is a part; such grant program. in consultation with and subject to appropriate ‘‘(ii) shall supplement and avoid duplication ‘‘(2) URBAN AREA SECURITY INITIATIVE.—The comment by local governments and first re- with such State application; and Urban Area Security Initiative of the Depart- sponders within the State. ‘‘(iii) shall address the unique regional as- ment, or any successor to such grant program. ‘‘(3) APPROVAL BY SECRETARY.—The Secretary pects of such region’s terrorism preparedness ‘‘(3) LAW ENFORCEMENT TERRORISM PREVEN- may not award any covered grant to a State un- needs beyond those provided for in the applica- TION PROGRAM.—The Law Enforcement Ter- less the Secretary has approved the applicable tion of such State or States. rorism Prevention Program of the Department, State homeland security plan. ‘‘(B) STATE REVIEW AND SUBMISSION.—To en- or any successor to such grant program. ‘‘(4) REVISIONS.—A State may revise the appli- sure the consistency required under subsection ‘‘(b) EXCLUDED PROGRAMS.—This title does cable State homeland security plan approved by (d) and the coordination required under sub- not apply to or otherwise affect the following the Secretary under this subsection, subject to paragraph (A) of this paragraph, an applicant Federal grant programs or any grant under approval of the revision by the Secretary. that is a region must submit its application to such a program: ‘‘(d) CONSISTENCY WITH STATE PLANS.—The each State of which any part is included in the ‘‘(1) NONDEPARTMENT PROGRAMS.—Any Fed- Secretary shall ensure that each covered grant region for review and concurrence prior to the eral grant program that is not administered by is used to supplement and support, in a con- submission of such application to the Secretary. the Department. sistent and coordinated manner, the applicable The regional application shall be transmitted to ‘‘(2) FIRE GRANT PROGRAMS.—The fire grant State homeland security plan or plans. the Secretary through each such State within 30 programs authorized by sections 33 and 34 of the ‘‘(e) APPLICATION FOR GRANT.— days of its receipt, unless the Governor of such

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 7634 Sfmt 6333 E:\CR\FM\A12MY7.007 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3225 a State notifies the Secretary, in writing, that ‘‘(iii) administer, in consultation with State, ‘‘(G) Government facilities. such regional application is inconsistent with local, regional, and private officials, covered ‘‘(H) Postal and shipping. the State’s homeland security plan and provides grants awarded to such tribe. ‘‘(I) Public health and health care. an explanation of the reasons therefor. ‘‘(E) LIMITATION ON THE NUMBER OF DIRECT ‘‘(J) Information technology. ‘‘(C) DISTRIBUTION OF REGIONAL AWARDS.—If GRANTS.—The Secretary may make covered ‘‘(K) Telecommunications. the Secretary approves a regional application, grants directly to not more than 20 directly eligi- ‘‘(L) Transportation systems. then the Secretary shall distribute a regional ble tribes per fiscal year. ‘‘(M) Water. ‘‘(N) Dams. award to the State or States submitting the ap- ‘‘(F) TRIBES NOT RECEIVING DIRECT GRANTS.— ‘‘(O) Commercial facilities. An Indian tribe that does not receive a grant di- plicable regional application under subpara- ‘‘(P) National monuments and icons. graph (B), and each such State shall, not later rectly under this section is eligible to receive The order in which the critical infrastructure than the end of the 45-day period beginning on funds under a covered grant from the State or sectors are listed in this paragraph shall not be the date after receiving a regional award, pass States within the boundaries of which any part construed as an order of priority for consider- through to the region all covered grant funds or of such tribe is located, consistent with the ation of the importance of such sectors. resources purchased with such funds, except homeland security plan of the State as described ‘‘(3) TYPES OF THREAT.—The Board specifi- those funds necessary for the State to carry out in subsection (c). If a State fails to comply with cally shall consider the following types of threat its responsibilities with respect to such regional section 1806(g)(1), the tribe may request payment to the critical infrastructure sectors described in application: Provided, That in no such case under section 1806(h)(3) in the same manner as paragraph (2), and to populations in all areas of shall the State or States pass through to the re- a local government. the United States, urban and rural: gion less than 80 percent of the regional award. ‘‘(7) EQUIPMENT STANDARDS.—If an applicant ‘‘(A) Biological threats. ‘‘(D) CERTIFICATIONS REGARDING DISTRIBUTION for a covered grant proposes to upgrade or pur- ‘‘(B) Nuclear threats. OF GRANT FUNDS TO REGIONS.—Any State that chase, with assistance provided under the grant, ‘‘(C) Radiological threats. receives a regional award under subparagraph new equipment or systems that do not meet or ‘‘(D) Incendiary threats. (C) shall certify to the Secretary, by not later exceed any applicable national voluntary con- ‘‘(E) Chemical threats. than 30 days after the expiration of the period sensus standards established by the Secretary, ‘‘(F) Explosives. described in subparagraph (C) with respect to the applicant shall include in the application an ‘‘(G) Suicide bombers. the grant, that the State has made available to explanation of why such equipment or systems ‘‘(H) Cyber threats. the region the required funds and resources in will serve the needs of the applicant better than ‘‘(I) Any other threats based on proximity to accordance with subparagraph (C). equipment or systems that meet or exceed such specific past acts of terrorism or the known ac- ‘‘(E) DIRECT PAYMENTS TO REGIONS.—If any standards. tivity of any terrorist group. State fails to pass through a regional award to ‘‘SEC. 1804. RISK-BASED EVALUATION AND The order in which the types of threat are listed a region as required by subparagraph (C) within PRIORITIZATION. in this paragraph shall not be construed as an 45 days after receiving such award and does not ‘‘(a) FIRST RESPONDER GRANTS BOARD.— order of priority for consideration of the impor- request or receive an extension of such period ‘‘(1) ESTABLISHMENT OF BOARD.—The Sec- tance of such threats. under section 1806(h)(2), the region may petition retary shall establish a First Responder Grants ‘‘(4) CONSIDERATION OF ADDITIONAL FAC- the Secretary to receive directly the portion of Board, consisting of— TORS.—The Board shall take into account any the regional award that is required to be passed ‘‘(A) the Secretary; other specific threat to a population (including through to such region under subparagraph (C). ‘‘(B) the Under Secretary for Emergency Pre- a transient commuting or tourist population) or ‘‘(F) REGIONAL LIAISONS.—A regional liaison paredness and Response; critical infrastructure sector that the Board has designated under paragraph (4)(E)(iii) shall— ‘‘(C) the Under Secretary for Border and determined to exist. In evaluating the threat to ‘‘(i) coordinate with Federal, State, local, re- Transportation Security; a population or critical infrastructure sector, gional, and private officials within the region ‘‘(D) the Under Secretary for Information the Board shall give greater weight to threats of concerning terrorism preparedness; Analysis and Infrastructure Protection; terrorism based upon their specificity and credi- ‘‘(ii) develop a process for receiving input from ‘‘(E) the Under Secretary for Science and bility, including any pattern of repetition. Federal, State, local, regional, and private sec- Technology; ‘‘(5) MINIMUM AMOUNTS.—After evaluating tor officials within the region to assist in the de- ‘‘(F) the Director of the Office for Domestic and prioritizing grant applications under para- velopment of the regional application and to im- Preparedness; and graph (1), the Board shall ensure that, for each prove the region’s access to covered grants; and ‘‘(G) the Administrator of the United States fiscal year— ‘‘(iii) administer, in consultation with State, Fire Administration. ‘‘(A) each of the States, other than the Virgin local, regional, and private officials within the ‘‘(2) CHAIRMAN.— Islands, American Samoa, Guam, and the region, covered grants awarded to the region. ‘‘(A) IN GENERAL.—The Secretary shall be the Northern Mariana Islands, that has an ap- ‘‘(6) TRIBAL APPLICATIONS.— Chairman of the Board. proved State homeland security plan receives no ‘‘(A) SUBMISSION TO THE STATE OR STATES.— ‘‘(B) EXERCISE OF AUTHORITIES BY DEPUTY less than 0.25 percent of the funds available for To ensure the consistency required under sub- SECRETARY.—The Deputy Secretary of Home- covered grants for that fiscal year for purposes section (d), an applicant that is a directly eligi- land Security may exercise the authorities of the of implementing its homeland security plan in ble tribe must submit its application to each Chairman, if the Secretary so directs. accordance with the prioritization of needs State within the boundaries of which any part ‘‘(b) FUNCTIONS OF UNDER SECRETARIES.—The under section 1803(c)(1)(D); of such tribe is located for direct submission to Under Secretaries referred to in subsection (a)(1) ‘‘(B) each of the States, other than the Virgin the Department along with the application of shall seek to ensure that the relevant expertise Islands, American Samoa, Guam, and the such State or States. and input of the staff of their directorates are Northern Mariana Islands, that has an ap- ‘‘(B) OPPORTUNITY FOR STATE COMMENT.—Be- available to and considered by the Board. proved State homeland security plan and that fore awarding any covered grant to a directly ‘‘(c) PRIORITIZATION OF GRANT APPLICA- meets one or both of the additional high-risk eligible tribe, the Secretary shall provide an op- TIONS.— qualifying criteria under paragraph (6) receives portunity to each State within the boundaries of ‘‘(1) FACTORS TO BE CONSIDERED.—The Board no less than 0.45 percent of the funds available which any part of such tribe is located to com- shall evaluate and annually prioritize all pend- for covered grants for that fiscal year for pur- ment to the Secretary on the consistency of the ing applications for covered grants based upon poses of implementing its homeland security tribe’s application with the State’s homeland se- the degree to which they would, by achieving, plan in accordance with the prioritization of curity plan. Any such comments shall be sub- maintaining, or enhancing the essential capa- needs under section 1803(c)(1)(D); mitted to the Secretary concurrently with the bilities of the applicants on a nationwide basis, ‘‘(C) the Virgin Islands, American Samoa, submission of the State and tribal applications. lessen the threat to, vulnerability of, and con- Guam, and the Northern Mariana Islands each ‘‘(C) FINAL AUTHORITY.—The Secretary shall sequences for persons (including transient com- receives no less than 0.08 percent of the funds have final authority to determine the consist- muting and tourist populations) and critical in- available for covered grants for that fiscal year ency of any application of a directly eligible frastructure. Such evaluation and prioritization for purposes of implementing its approved State tribe with the applicable State homeland secu- shall be based upon the most current risk assess- homeland security plan in accordance with the rity plan or plans, and to approve any applica- ment available by the Directorate for Informa- prioritization of needs under section tion of such tribe. The Secretary shall notify tion Analysis and Infrastructure Protection of 1803(c)(1)(D); and each State within the boundaries of which any the threats of terrorism against the United ‘‘(D) directly eligible tribes collectively receive part of such tribe is located of the approval of States. no less than 0.08 percent of the funds available an application by such tribe. ‘‘(2) CRITICAL INFRASTRUCTURE SECTORS.—The for covered grants for such fiscal year for pur- ‘‘(D) TRIBAL LIAISON.—A tribal liaison des- Board specifically shall consider threats of ter- poses of addressing the needs identified in the ignated under paragraph (4)(G) shall— rorism against the following critical infrastruc- applications of such tribes, consistent with the ‘‘(i) coordinate with Federal, State, local, re- ture sectors in all areas of the United States, homeland security plan of each State within the gional, and private officials concerning ter- urban and rural: boundaries of which any part of any such tribe rorism preparedness; ‘‘(A) Agriculture and food. is located, except that this clause shall not ‘‘(ii) develop a process for receiving input from ‘‘(B) Banking and finance. apply with respect to funds available for a fiscal Federal, State, local, regional, and private sec- ‘‘(C) Chemical industries. year if the Secretary receives less than 5 appli- tor officials to assist in the development of the ‘‘(D) The defense industrial base. cations for such fiscal year from such tribes application of such tribe and to improve the ‘‘(E) Emergency services. under section 1803(e)(6)(A) or does not approve tribe’s access to covered grants; and ‘‘(F) Energy. at least one such application.

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‘‘(6) ADDITIONAL HIGH-RISK QUALIFYING CRI- ‘‘(1) IN GENERAL.—The Task Force shall con- retary, or a similar elevation in threat alert level TERIA.—For purposes of paragraph (5)(B), addi- sist of 25 members appointed by the Secretary, issued by a State, region, or local government tional high-risk qualifying criteria consist of— and shall, to the extent practicable, represent a with the approval of the Secretary; ‘‘(A) having a significant international land geographic (including urban and rural) and ‘‘(B) travel to and participation in exercises border; or substantive cross section of governmental and and training in the use of equipment and on ‘‘(B) adjoining a body of water within North nongovernmental first responder disciplines prevention activities; and America through which an international bound- from the State and local levels, including as ap- ‘‘(C) the temporary replacement of personnel ary line extends. propriate— during any period of travel to and participation ‘‘(d) EFFECT OF REGIONAL AWARDS ON STATE ‘‘(A) members selected from the emergency re- in exercises and training in the use of equipment MINIMUM.—Any regional award, or portion sponse field, including fire service and law en- and on prevention activities; thereof, provided to a State under section forcement, hazardous materials response, emer- ‘‘(8) the costs of equipment (including soft- 1803(e)(5)(C) shall not be considered in calcu- gency medical services, and emergency manage- ware) required to receive, transmit, handle, and lating the minimum State award under sub- ment personnel (including public works per- store classified information; section (c)(5) of this section. sonnel routinely engaged in emergency re- ‘‘(9) protecting critical infrastructure against ‘‘SEC. 1805. TASK FORCE ON TERRORISM PRE- sponse); potential attack by the addition of barriers, PAREDNESS FOR FIRST RESPOND- ‘‘(B) health scientists, emergency and inpa- fences, gates, and other such devices, except ERS. tient medical providers, and public health pro- that the cost of such measures may not exceed ‘‘(a) ESTABLISHMENT.—To assist the Secretary fessionals, including experts in emergency the greater of— in updating, revising, or replacing essential ca- health care response to chemical, biological, ra- ‘‘(A) $1,000,000 per project; or pabilities for terrorism preparedness, the Sec- diological, and nuclear terrorism, and experts in ‘‘(B) such greater amount as may be approved retary shall establish an advisory body pursu- providing mental health care during emergency by the Secretary, which may not exceed 10 per- ant to section 871(a) not later than 60 days after response operations; cent of the total amount of the covered grant; the date of the enactment of this section, which ‘‘(C) experts from Federal, State, and local ‘‘(10) the costs of commercially available inter- shall be known as the Task Force on Terrorism governments, and the private sector, rep- operable communications equipment (which, Preparedness for First Responders. resenting standards-setting organizations, in- where applicable, is based on national, vol- ‘‘(b) UPDATE, REVISE, OR REPLACE.—The Sec- cluding representation from the voluntary con- untary consensus standards) that the Secretary, retary shall regularly update, revise, or replace sensus codes and standards development com- in consultation with the Chairman of the Fed- the essential capabilities for terrorism prepared- munity, particularly those with expertise in first eral Communications Commission, deems best ness as necessary, but not less than every 3 responder disciplines; and suited to facilitate interoperability, coordina- years. ‘‘(D) State and local officials with expertise in tion, and integration between and among emer- ‘‘(c) REPORT.— terrorism preparedness, subject to the condition gency communications systems, and that com- ‘‘(1) IN GENERAL.—The Task Force shall sub- that if any such official is an elected official plies with prevailing grant guidance of the De- mit to the Secretary, by not later than 12 representing one of the two major political par- partment for interoperable communications; months after its establishment by the Secretary ties, an equal number of elected officials shall be ‘‘(11) educational curricula development for under subsection (a) and not later than every 2 selected from each such party. first responders to ensure that they are prepared years thereafter, a report on its recommenda- ‘‘(2) COORDINATION WITH THE DEPARTMENT OF for terrorist attacks; tions for essential capabilities for terrorism pre- HEALTH AND HEALTH SERVICES.—In the selection ‘‘(12) training and exercises to assist public el- paredness. of members of the Task Force who are health ementary and secondary schools in developing ‘‘(2) CONTENTS.—Each report shall— professionals, including emergency medical pro- and implementing programs to instruct students ‘‘(A) include a priority ranking of essential fessionals, the Secretary shall coordinate such regarding age-appropriate skills to prevent, pre- capabilities in order to provide guidance to the selection with the Secretary of Health and pare for, respond to, mitigate against, or recover Secretary and to the Congress on determining Human Services. from an act of terrorism; the appropriate allocation of, and funding levels ‘‘(3) EX OFFICIO MEMBERS.—The Secretary ‘‘(13) paying of administrative expenses di- for, first responder needs; and the Secretary of Health and Human Serv- rectly related to administration of the grant, ex- ‘‘(B) set forth a methodology by which any ices shall each designate one or more officers of cept that such expenses may not exceed 3 per- State or local government will be able to deter- their respective Departments to serve as ex offi- cent of the amount of the grant; ‘‘(14) paying for the conduct of any activity mine the extent to which it possesses or has ac- cio members of the Task Force. One of the ex permitted under the Law Enforcement Terrorism cess to the essential capabilities that States and officio members from the Department of Home- Prevention Program, or any such successor to local governments having similar risks should land Security shall be the designated officer of such program; and obtain; the Federal Government for purposes of sub- ‘‘(15) other appropriate activities as deter- ‘‘(C) describe the availability of national vol- section (e) of section 10 of the Federal Advisory mined by the Secretary. untary consensus standards, and whether there Committee Act (5 App. U.S.C.). ‘‘(e) APPLICABILITY OF FEDERAL ADVISORY ‘‘(b) PROHIBITED USES.—Funds provided as a is a need for new national voluntary consensus covered grant may not be used— standards, with respect to first responder train- COMMITTEE ACT.—Notwithstanding section 871(a), the Federal Advisory Committee Act (5 ‘‘(1) to supplant State or local funds; ing and equipment; ‘‘(2) to construct buildings or other physical ‘‘(D) include such additional matters as the App. U.S.C.), including subsections (a), (b), and (d) of section 10 of such Act, and section 552b(c) facilities; Secretary may specify in order to further the ‘‘(3) to acquire land; or terrorism preparedness capabilities of first re- of title 5, United States Code, shall apply to the ‘‘(4) for any State or local government cost sponders; and Task Force. sharing contribution. ‘‘(E) include such revisions to the contents of ‘‘SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY ‘‘(c) MULTIPLE-PURPOSE FUNDS.—Nothing in previous reports as are necessary to take into REQUIREMENTS. this section shall be construed to preclude State account changes in the most current risk assess- ‘‘(a) IN GENERAL.—A covered grant may be and local governments from using covered grant ment available by the Directorate for Informa- used for— funds in a manner that also enhances first re- ‘‘(1) purchasing or upgrading equipment, in- tion Analysis and Infrastructure Protection or sponder preparedness for emergencies and disas- cluding computer software, to enhance terrorism other relevant information as determined by the ters unrelated to acts of terrorism, if such use preparedness; Secretary. ‘‘(2) exercises to strengthen terrorism pre- assists such governments in achieving essential ‘‘(3) CONSISTENCY WITH FEDERAL WORKING paredness; capabilities for terrorism preparedness estab- GROUP.—The Task Force shall ensure that its ‘‘(3) training for prevention (including detec- lished by the Secretary. recommendations for essential capabilities for tion) of, preparedness for, response to, or recov- ‘‘(d) REIMBURSEMENT OF COSTS.—In addition terrorism preparedness are, to the extent fea- ery from attacks involving weapons of mass de- to the activities described in subsection (a), a sible, consistent with any preparedness goals or struction, including training in the use of equip- covered grant may be used to provide a reason- recommendations of the Federal working group ment and computer software; able stipend to paid-on-call or volunteer first re- established under section 319F(a) of the Public ‘‘(4) developing or updating State homeland sponders who are not otherwise compensated for Health Service Act (42 U.S.C. 247d–6(a)). security plans, risk assessments, mutual aid travel to or participation in training covered by ‘‘(4) COMPREHENSIVENESS.—The Task Force agreements, and emergency management plans this section. Any such reimbursement shall not shall ensure that its recommendations regarding to enhance terrorism preparedness; be considered compensation for purposes of ren- essential capabilities for terrorism preparedness ‘‘(5) establishing or enhancing mechanisms for dering such a first responder an employee under are made within the context of a comprehensive sharing terrorism threat information; the Fair Labor Standards Act of 1938 (29 U.S.C. State emergency management system. ‘‘(6) systems architecture and engineering, 201 et seq.). ‘‘(5) PRIOR MEASURES.—The Task Force shall program planning and management, strategy ‘‘(e) ASSISTANCE REQUIREMENT.—The Sec- ensure that its recommendations regarding es- formulation and strategic planning, life-cycle retary may not require that equipment paid for, sential capabilities for terrorism preparedness systems design, product and technology evalua- wholly or in part, with funds provided as a cov- take into account any capabilities that State or tion, and prototype development for terrorism ered grant be made available for responding to local officials have determined to be essential preparedness purposes; emergencies in surrounding States, regions, and and have undertaken since September 11, 2001, ‘‘(7) additional personnel costs resulting localities, unless the Secretary undertakes to to prevent, prepare for, respond to, or recover from— pay the costs directly attributable to trans- from terrorist attacks. ‘‘(A) elevations in the threat alert level of the porting and operating such equipment during ‘‘(d) MEMBERSHIP.— Homeland Security Advisory System by the Sec- such response.

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‘‘(f) FLEXIBILITY IN UNSPENT HOMELAND SE- with paragraph (1) or pursuant to mutual aid ‘‘(ii) the State has failed to pass through CURITY GRANT FUNDS.—Upon request by the re- agreements or other sharing arrangements that funds or resources in accordance with sub- cipient of a covered grant, the Secretary may apply within the State, region, or directly eligi- section (g)(1); and authorize the grantee to transfer all or part of ble tribe, as applicable, during the previous fis- ‘‘(iii) the local government complies with sub- funds provided as the covered grant from uses cal year. paragraphs (B) and (C). specified in the grant agreement to other uses ‘‘(C) How the funds were utilized by each ulti- ‘‘(B) SHOWING REQUIRED.—To receive a pay- authorized under this section, if the Secretary mate recipient or beneficiary during the pre- ment under this paragraph, a local government determines that such transfer is in the interests ceding fiscal year. must demonstrate that— of homeland security. ‘‘(D) The extent to which essential capabilities ‘‘(i) it is identified explicitly as an ultimate re- ‘‘(g) STATE, REGIONAL, AND TRIBAL RESPON- identified in the applicable State homeland se- cipient or intended beneficiary in the approved SIBILITIES.— curity plan or plans were achieved, maintained, grant application; ‘‘(1) PASS-THROUGH.—The Secretary shall re- or enhanced as the result of the expenditure of ‘‘(ii) it was intended by the grantee to receive quire a recipient of a covered grant that is a grant funds during the preceding fiscal year. a severable portion of the overall grant for a State to obligate or otherwise make available to ‘‘(E) The extent to which essential capabilities specific purpose that is identified in the grant local governments, first responders, and other identified in the applicable State homeland se- application; local groups, to the extent required under the curity plan or plans remain unmet. ‘‘(iii) it petitioned the grantee for the funds or State homeland security plan or plans specified ‘‘(6) INCLUSION OF RESTRICTED ANNEXES.—A resources after expiration of the period within in the application for the grant, not less than 80 recipient of a covered grant may submit to the which the funds or resources were required to be percent of the grant funds, resources purchased Secretary an annex to the annual report under passed through under subsection (g)(1); and with the grant funds having a value equal to at paragraph (5) that is subject to appropriate ‘‘(iv) it did not receive the portion of the over- least 80 percent of the amount of the grant, or handling restrictions, if the recipient believes all grant that was earmarked or designated for a combination thereof, by not later than the end that discussion in the report of unmet needs its use or benefit. of the 45-day period beginning on the date the would reveal sensitive but unclassified informa- ‘‘(C) EFFECT OF PAYMENT.—Payment of grant grant recipient receives the grant funds. tion. funds to a local government under this para- ‘‘(2) COST SHARING.— ‘‘(7) PROVISION OF REPORTS.—The Secretary graph— ‘‘(A) IN GENERAL.—The Federal share of the shall ensure that each annual report under ‘‘(i) shall not affect any payment to another costs of an activity carried out with a covered paragraph (5) is provided to the Under Sec- local government under this paragraph; and grant to a State, region, or directly eligible tribe retary for Emergency Preparedness and Re- ‘‘(ii) shall not prejudice consideration of a re- awarded after the 2-year period beginning on sponse and the Director of the Office for Domes- quest for payment under this paragraph that is the date of the enactment of this section shall tic Preparedness. submitted by another local government. not exceed 75 percent. ‘‘(h) INCENTIVES TO EFFICIENT ADMINISTRA- ‘‘(D) DEADLINE FOR ACTION BY SECRETARY.— ‘‘(B) INTERIM RULE.—The Federal share of the TION OF HOMELAND SECURITY GRANTS.— The Secretary shall approve or disapprove each ‘‘(1) PENALTIES FOR DELAY IN PASSING costs of an activity carried out with a covered request for payment under this paragraph by THROUGH LOCAL SHARE.—If a recipient of a cov- grant awarded before the end of the 2-year pe- not later than 15 days after the date the request ered grant that is a State fails to pass through riod beginning on the date of the enactment of is received by the Department. to local governments, first responders, and other this section shall be 100 percent. ‘‘(i) REPORTS TO CONGRESS.—The Secretary local groups funds or resources required by sub- ‘‘(C) IN-KIND MATCHING.—Each recipient of a shall submit an annual report to the Congress covered grant may meet the matching require- section (g)(1) within 45 days after receiving by January 31 of each year covering the pre- ment under subparagraph (A) by making in- funds under the grant, the Secretary may— ceding fiscal year— ‘‘(A) reduce grant payments to the grant re- kind contributions of goods or services that are ‘‘(1) describing in detail the amount of Fed- cipient from the portion of grant funds that is directly linked with the purpose for which the eral funds provided as covered grants that were not required to be passed through under sub- grant is made, including, but not limited to, any directed to each State, region, and directly eligi- section (g)(1); ble tribe in the preceding fiscal year; necessary personnel overtime, contractor serv- ‘‘(B) terminate payment of funds under the ‘‘(2) containing information on the use of ices, administrative costs, equipment fuel and grant to the recipient, and transfer the appro- such grant funds by grantees; and maintenance, and rental space. priate portion of those funds directly to local ‘‘(3) CERTIFICATIONS REGARDING DISTRIBUTION ‘‘(3) describing— first responders that were intended to receive OF GRANT FUNDS TO LOCAL GOVERNMENTS.—Any ‘‘(A) the Nation’s progress in achieving, main- funding under that grant; or taining, and enhancing the essential capabili- State that receives a covered grant shall certify ‘‘(C) impose additional restrictions or burdens ties established by the Secretary as a result of to the Secretary, by not later than 30 days after on the recipient’s use of funds under the grant, the expenditure of covered grant funds during the expiration of the period described in para- which may include— graph (1) with respect to the grant, that the ‘‘(i) prohibiting use of such funds to pay the the preceding fiscal year; and State has made available for expenditure by grant recipient’s grant-related overtime or other ‘‘(B) an estimate of the amount of expendi- local governments, first responders, and other expenses; tures required to attain across the United States local groups the required amount of grant funds ‘‘(ii) requiring the grant recipient to distribute the essential capabilities established by the Sec- pursuant to paragraph (1). to local government beneficiaries all or a portion retary. ‘‘(4) QUARTERLY REPORT ON HOMELAND SECU- of grant funds that are not required to be passed ‘‘SEC. 1807. NATIONAL STANDARDS FOR FIRST RE- RITY SPENDING.—The Federal share described in through under subsection (g)(1); or SPONDER EQUIPMENT AND TRAIN- paragraph (2)(A) may be increased by up to 2 ‘‘(iii) for each day that the grant recipient ING. percent for any State, region, or directly eligible fails to pass through funds or resources in ac- ‘‘(a) EQUIPMENT STANDARDS.— tribe that, not later than 30 days after the end cordance with subsection (g)(1), reducing grant ‘‘(1) IN GENERAL.—The Secretary, in consulta- of each fiscal quarter, submits to the Secretary payments to the grant recipient from the portion tion with the Under Secretaries for Emergency a report on that fiscal quarter. Each such report of grant funds that is not required to be passed Preparedness and Response and Science and must include, for each recipient of a covered through under subsection (g)(1), except that the Technology and the Director of the Office for grant or a pass-through under paragraph (1)— total amount of such reduction may not exceed Domestic Preparedness, shall, not later than 6 ‘‘(A) the amount obligated to that recipient in 20 percent of the total amount of the grant. months after the date of enactment of this sec- that quarter; ‘‘(2) EXTENSION OF PERIOD.—The Governor of tion, support the development of, promulgate, ‘‘(B) the amount expended by that recipient in a State may request in writing that the Sec- and update as necessary national voluntary that quarter; and retary extend the 45-day period under section consensus standards for the performance, use, ‘‘(C) a summary description of the items pur- 1803(e)(5)(E) or paragraph (1) for an additional and validation of first responder equipment for chased by such recipient with such amount. 15-day period. The Secretary may approve such purposes of section 1805(e)(7). Such standards— ‘‘(5) ANNUAL REPORT ON HOMELAND SECURITY a request, and may extend such period for addi- ‘‘(A) shall be, to the maximum extent prac- SPENDING.—Each recipient of a covered grant tional 15-day periods, if the Secretary deter- ticable, consistent with any existing voluntary shall submit an annual report to the Secretary mines that the resulting delay in providing consensus standards; not later than 60 days after the end of each grant funding to the local government entities ‘‘(B) shall take into account, as appropriate, Federal fiscal year. Each recipient of a covered that will receive funding under the grant will new types of terrorism threats that may not grant that is a region must simultaneously sub- not have a significant detrimental impact on have been contemplated when such existing mit its report to each State of which any part is such entities’ terrorism preparedness efforts. standards were developed; included in the region. Each recipient of a cov- ‘‘(3) PROVISION OF NON-LOCAL SHARE TO LOCAL ‘‘(C) shall be focused on maximizing interoper- ered grant that is a directly eligible tribe must GOVERNMENT.— ability, interchangeability, durability, flexi- simultaneously submit its report to each State ‘‘(A) IN GENERAL.—The Secretary may upon bility, efficiency, efficacy, portability, sustain- within the boundaries of which any part of such request by a local government pay to the local ability, and safety; and tribe is located. Each report must include the government a portion of the amount of a cov- ‘‘(D) shall cover all appropriate uses of the following: ered grant awarded to a State in which the local equipment. ‘‘(A) The amount, ultimate recipients, and government is located, if— ‘‘(2) REQUIRED CATEGORIES.—In carrying out dates of receipt of all funds received under the ‘‘(i) the local government will use the amount paragraph (1), the Secretary shall specifically grant during the previous fiscal year. paid to expedite planned enhancements to its consider the following categories of first re- ‘‘(B) The amount and the dates of disburse- terrorism preparedness as described in any ap- sponder equipment: ments of all such funds expended in compliance plicable State homeland security plan or plans; ‘‘(A) Thermal imaging equipment.

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 7634 Sfmt 6333 E:\CR\FM\A12MY7.007 H12PT1 H3228 CONGRESSIONAL RECORD — HOUSE May 12, 2005 ‘‘(B) Radiation detection and analysis equip- ‘‘(9) the National Institute for Occupational sponse Plan and the National Incident Manage- ment. Safety and Health; ment System; and ‘‘(C) Biological detection and analysis equip- ‘‘(10) ASTM International; (10) the role of each first responder training ment. ‘‘(11) the International Safety Equipment As- institution within the Department of Homeland ‘‘(D) Chemical detection and analysis equip- sociation; Security in the design and implementation of ment. ‘‘(12) the Emergency Management Accredita- terrorism preparedness and related training ‘‘(E) Decontamination and sterilization equip- tion Program; and courses for first responders. ment. ‘‘(13) to the extent the Secretary considers ap- (c) DEADLINES.—The Comptroller General ‘‘(F) Personal protective equipment, including propriate, other national voluntary consensus shall— garments, boots, gloves, and hoods and other standards development organizations, other in- (1) submit a report under subsection (a)(1) by protective clothing. terested Federal, State, and local agencies, and not later than 60 days after the date of the en- ‘‘(G) Respiratory protection equipment. other interested persons. actment of this Act; and ‘‘(H) Interoperable communications, including ‘‘(d) COORDINATION WITH SECRETARY OF (2) submit a report on the remainder of the wireless and wireline voice, video, and data net- HHS.—In establishing any national voluntary topics required by this section by not later than works. consensus standards under this section for first 120 days after the date of the enactment of this ‘‘(I) Explosive mitigation devices and explosive responder equipment or training that involve or Act. detection and analysis equipment. relate to health professionals, including emer- The Acting CHAIRMAN. No amend- ‘‘(J) Containment vessels. gency medical professionals, the Secretary shall ment to the committee amendment is ‘‘(K) Contaminant-resistant vehicles. coordinate activities under this section with the in order except those printed in House ‘‘(L) Such other equipment for which the Sec- Secretary of Health and Human Services.’’. retary determines that national voluntary con- Report 109–77. Each amendment may be (b) DEFINITION OF EMERGENCY RESPONSE PRO- offered only in the order printed in the sensus standards would be appropriate. VIDERS.—Paragraph (6) of section 2 of the ‘‘(b) TRAINING STANDARDS.— Homeland Security Act of 2002 (Public Law 107– report, by a Member designated in the ‘‘(1) IN GENERAL.—The Secretary, in consulta- 296; 6 U.S.C. 101(6)) is amended by striking ‘‘in- report, shall be considered read, shall tion with the Under Secretaries for Emergency cludes’’ and all that follows and inserting ‘‘in- be debatable for the time specified in Preparedness and Response and Science and cludes Federal, State, and local governmental the report, equally divided and con- Technology and the Director of the Office for and nongovernmental emergency public safety, trolled by the proponent and an oppo- Domestic Preparedness, shall support the devel- law enforcement, fire, emergency response, nent, shall not be subject to amend- opment of, promulgate, and regularly update as emergency medical (including hospital emer- necessary national voluntary consensus stand- ment, and shall not be subject to a de- gency facilities), and related personnel, organi- mand for division of the question. ards for first responder training carried out with zations, agencies, and authorities.’’. It is now in order to consider amend- amounts provided under covered grant pro- SEC. 4. SUPERSEDED PROVISION. grams, that will enable State and local govern- ment No. 1 printed in House Report This Act supersedes section 1014(c)(3) of Pub- ment first responders to achieve optimal levels of lic Law 107–56. 109–77. terrorism preparedness as quickly as practicable. AMENDMENT NO. 1 OFFERED BY MR. BERRY SEC. 5. OVERSIGHT. Such standards shall give priority to providing Mr. BERRY. Mr. Chairman, I offer an training to— The Secretary of Homeland Security shall es- tablish within the Office for Domestic Prepared- amendment. ‘‘(A) enable first responders to prevent, pre- The Acting CHAIRMAN. The Clerk pare for, respond to, mitigate against, and re- ness an Office of the Comptroller to oversee the cover from terrorist threats, including threats grants distribution process and the financial will designate the amendment. from chemical, biological, nuclear, and radio- management of the Office for Domestic Pre- The text of the amendment is as fol- logical weapons and explosive devices capable of paredness. lows: inflicting significant human casualties; and SEC. 6. GAO REPORT ON AN INVENTORY AND STA- Amendment No. 1 offered by Mr. BERRY: ‘‘(B) familiarize first responders with the TUS OF HOMELAND SECURITY FIRST In section 3(a)(2), in the quoted section proper use of equipment, including software, de- RESPONDER TRAINING. 1804(a)(1) (page 24, beginning at line 3), strike veloped pursuant to the standards established (a) IN GENERAL.—The Comptroller General of ‘‘and’’ after the semicolon at the end of sub- under subsection (a). the United States shall report to the Congress in paragraph (F), strike the period at the end of ‘‘(2) REQUIRED CATEGORIES.—In carrying out accordance with this section— subparagraph (G) and insert ‘‘; and’’, and paragraph (1), the Secretary specifically shall (1) on the overall inventory and status of first after subparagraph (G) add the following: include the following categories of first re- responder training programs of the Department ‘‘(H) the Administrator of the Animal and sponder activities: of Homeland Security and other departments Plant Health Inspection Service. ‘‘(A) Regional planning. and agencies of the Federal Government; and The Acting CHAIRMAN. Pursuant to (2) the extent to which such programs are co- ‘‘(B) Joint exercises. House Resolution 269, the gentleman ‘‘(C) Intelligence collection, analysis, and ordinated. sharing. (b) CONTENTS OF REPORTS.—The reports under from Arkansas (Mr. BERRY) and a Mem- ‘‘(D) Emergency notification of affected popu- this section shall include— ber opposed each will control 5 min- lations. (1) an assessment of the effectiveness of the utes. ‘‘(E) Detection of biological, nuclear, radio- structure and organization of such training pro- Mr. COX. Mr. Chairman, I claim the logical, and chemical weapons of mass destruc- grams; time in opposition to the amendment. tion. (2) recommendations to— The Acting CHAIRMAN. The gen- (A) improve the coordination, structure, and ‘‘(F) Such other activities for which the Sec- tleman from Arkansas (Mr. BERRY) is retary determines that national voluntary con- organization of such training programs; and recognized. sensus training standards would be appropriate. (B) increase the availability of training to first responders who are not able to attend cen- Mr. BERRY. Mr. Chairman, I yield ‘‘(3) CONSISTENCY.—In carrying out this sub- myself such time as I may consume. section, the Secretary shall ensure that such tralized training programs; training standards are consistent with the prin- (3) the structure and organizational effective- Mr. Chairman, I first of all want to ciples of emergency preparedness for all haz- ness of such programs for first responders in thank the gentleman from California ards. rural communities; (Mr. COX) and the ranking member, my ‘‘(c) CONSULTATION WITH STANDARDS ORGANI- (4) identification of any duplication or redun- good friend and the distinguished gen- ZATIONS.—In establishing national voluntary dancy among such programs; tleman from Mississippi (Mr. THOMP- consensus standards for first responder equip- (5) a description of the use of State and local SON), and the gentleman from New Jer- training institutions, universities, centers, and ment and training under this section, the Sec- sey (Mr. PASCRELL) for the wonderful the National Domestic Preparedness Consortium retary shall consult with relevant public and work they have done on this bill and private sector groups, including— in designing and providing training; ‘‘(1) the National Institute of Standards and (6) a cost-benefit analysis of the costs and the very responsible way they have de- Technology; time required for first responders to participate veloped it. ‘‘(2) the National Fire Protection Association; in training courses at Federal institutions; It is a good thing when we come to- ‘‘(3) the National Association of County and (7) an assessment of the the approval process gether in this House in a bipartisan City Health Officials; for certifying non-Department of Homeland Se- way to try to make things better for ‘‘(4) the Association of State and Territorial curity training courses that are useful for anti- the country. I compliment them on Health Officials; terrorism purposes as eligible for grants awarded having that goal and objective. ‘‘(5) the American National Standards Insti- by the Department; The amendment I offer would simply tute; (8) a description of the use of Department of ‘‘(6) the National Institute of Justice; Homeland Security grant funds by States and add the administrator of Animal, Plant ‘‘(7) the Inter-Agency Board for Equipment local governments to acquire training; and Health Inspection Service to the Standardization and Interoperability; (9) an analysis of the feasibility of Federal, first responders grant board. ‘‘(8) the National Public Health Performance State, and local personnel to receive the train- Food safety is a very important Standards Program; ing that is necessary to adopt the National Re- thing. It was acknowledged as a serious

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A12MY7.007 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3229 matter by the outgoing Secretary of board, it will allow us, from an agricul- At the end of section 1804(c)(1) (page 25, DHS, Mr. Ridge. And I think what this tural standpoint, to be adequately con- line 19), add the following: ‘‘The Board shall does is makes it possible for the people sidered. I would like to compliment the coordinate with State, local, regional, and tribal officials in establishing criteria for that have the greatest expertise in this gentleman from Arkansas (Mr. BERRY) evaluating and prioritizing applications for matter to have some say in the way for bringing this to our attention. It is covered grants.’’. that this is handled. timely in terms of an amendment, and The Acting CHAIRMAN. Pursuant to Mr. Chairman, I reserve the balance it is something that I am happy to sup- House Resolution 269, the gentleman of my time. port. from Arkansas (Mr. BERRY) and a Mem- Mr. COX. Mr. Chairman, I yield my- Mr. COX. Mr. Chairman, I yield such ber opposed each will control 10 min- self such time as I may consume. time as he may consume to the gen- utes. Mr. Chairman, even though I have tleman from Alabama (Mr. MIKE ROG- The Chair recognizes the gentleman claimed the time in opposition to the ERS). from Arkansas (Mr. BERRY). amendment, I actually want to speak Mr. ROGERS of Alabama. Mr. Chair- Mr. BERRY. Mr. Chairman, I yield in support of the gentleman’s amend- man, I thank my colleague from Cali- myself such time as I may consume. ment. fornia for yielding me time. Mr. Chairman, I too represent a Mr. Chairman, H.R. 1544, the bill that Mr. Chairman, I rise today in strong small rural State. We always struggle the gentleman would amend, as written support of the amendment offered by to have enough resources to deal with requires the Department of Homeland the gentleman from Arkansas (Mr. some of the possible threats that we Security to analyze risk in rural Amer- BERRY). have, and one of the important re- ica. That is a big step forward. For ex- This amendment would add the ad- sources that the gentleman from Mis- ample, the disruption to the agricul- ministrator of the Animal and Plant sissippi (Mr. THOMPSON) and I share is tural and food sectors by acts of bioter- Health Inspection Service as a full the Mississippi River. It is an incred- rorism would result in considerable member of the First Responder Grants ibly important resources to this Nation economic and health consequences. Board. and to our national security and to our This amendment will ensure that the As an integral part of the Depart- homeland security. grants board established by H.R. 1544 ment of Agriculture, the Animal and It is for just that reason that I offer contain a member with expertise in Plant Health Inspection Service mon- this amendment, to draw attention to this very area. The designee of this itors our Nation’s agriculture to pro- the fact that sometimes as we make amendment, the administrator of tect against agricultural pests and dis- public policy we tend to lose sight of APHIS, the Animal and Plant Health eases. It also works closely with the the things that may be more important Inspection Service, is well versed in Department of Homeland Security in than the number of people involved. agro-terrorism. This is a wise choice. agro-terrorism preparedness and pre- But most of all, when we do things in As a part of the USDA, APHIS is re- vention. Washington, D.C., it is so very impor- sponsible for safeguarding the agri- Under the bill debated today, the tant to be in touch with the people at culture and food infrastructures not First Responders Grants Board will be home. only from pests and diseases but also charged with prioritizing grant appli- What this amendment does is call for the Department of Homeland Security biological threats. Indeed, APHIS cur- cations on the basis of risk. Adding the to coordinate with State, local, and rently works closely with the Depart- administrator to the board would help tribal governments in establishing the ment of Science and Technology direc- ensure this panel has the necessary ex- criteria for prioritizing applications for torate, that is, the Department of pertise when considering the risks to the first responders grant. This is Homeland Security’s directorate, and rural America. something that I think is critical, that plays an important role in agro-ter- In my home State of Alabama, for ex- we take the information and have a co- rorism preparedness. ample, agriculture is the number one ordination between our local govern- Specifically, APHIS is already in- industry, employing nearly half a mil- ments and the Department of Home- volved in the following: accelerating lion people. An agro-terrorist attack in land Security as they make the critical the development of countermeasures to Alabama could cripple our economy. decisions about where these resources agro-terrorism; bio-forensic capabili- So it is essential we include these changes today to ensure that the voice will be placed. ties; deploying diagnostic technologies; I appreciate, again, very much the of rural America is heard during the and research, development and training chairman and the ranking member on process. activities. the subcommittee being friendly to- I would also like to note this amend- For all of these reasons, Mr. Chair- wards this amendment and receiving it ment has the full support of the Com- man, as chairman of the Committee on well. Certainly it is something that mittee on Agriculture on which I sit. I Homeland Security, I strongly urge my will prevent the States from devoting thank my colleague, the gentleman colleagues on the committee and my significant time, resources, and fund- colleagues in the House to vote in sup- from Alabama (Mr. BERRY), for offering ing to establish a State homeland secu- port of the Berry amendment. this commonsense amendment. I also rity plan in accordance with this bill, Mr. Chairman, I reserve the balance thank the gentleman from California only to find out after they apply for a of my time. (Mr. COX) for his efforts on this subject grant that they have completely Mr. BERRY. Mr. Chairman, it is most and urge my colleagues to support the missed the mark on what the grant appropriate that this amendment will amendment. board established as its priority. be accepted because it will give the De- Mr. BERRY. Mr. Chairman, I have no Mr. Chairman, I yield such time as he partment of Agriculture their rightful further requests for time, and I yield may consume to the gentleman from place at the table in representing agri- back the balance of my time. Mississippi (Mr. THOMPSON). culture in this country in the protec- Mr. COX. Mr. Chairman, I yield back Mr. THOMPSON of Mississippi. Mr. tion of our homeland. the balance of my time. Chairman, I rise in support of this Mr. Chairman, I yield such time as he The Acting CHAIRMAN. The ques- amendment. may consume to the distinguished gen- tion is on the amendment offered by This amendment would ensure that tleman from Mississippi (Mr. THOMP- the gentleman from Arkansas (Mr. the First Responder Grant Board would SON). BERRY). coordinate with State and local gov- Mr. THOMPSON of Mississippi. Mr. The amendment was agreed to. ernments. Throughout this process we Chairman, I appreciate the gentleman AMENDMENT NO. 2 OFFERED BY MR. BERRY have sought to ensure that State, from Arkansas (Mr. BERRY) allowing Mr. BERRY. Mr. Chairman, I offer an local, and tribal governments are con- me to speak on his amendment. amendment. sulted throughout this process. This My district is reliant on agriculture. The Acting CHAIRMAN. The Clerk amendment would make it crystal This amendment is very supportive of will designate the amendment. clear to DHS that we expect them to the agriculture through the APHIS The text of the amendment is as fol- listen to State, local, and tribal gov- program. If the administrator is al- lows: ernments as they make their funding lowed to participate in the grants Amendment No. 2 offered by Mr. BERRY: decisions. I support this amendment.

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.043 H12PT1 H3230 CONGRESSIONAL RECORD — HOUSE May 12, 2005 Mr. BERRY. Mr. Chairman, I reserve cers. I believe that this is wise public The type of activities that this the balance of my time. policy. amendment would permit include, but Mr. COX. Mr. Chairman, I claim the Secondly, State and local officials are not limited to, border duties, as- time in opposition to this amendment, know better than anyone, they cer- sisting with the Coast Guard and ports, notwithstanding that I rise in its sup- tainly know better than anybody in waterways, coastal security duties or port. Washington, the risks and the detention of illegal aliens on a tem- The Acting CHAIRMAN. Without vulnerabilities that they face. Wash- porary basis until Federal authorities objecton, the gentleman from Cali- ington must work outside of the Belt- can take over. fornia (Mr. COX) is recognized for 10 way for the greatest effectiveness. What the amendment does not do is minutes. We know in examining not only the 9/ make any changes in the allocation of There was no objection. 11 Commission report but every other resources from one entity to another, Mr. COX. Mr. Chairman, I yield my- report since the tragedy of 9/11 that the and it does not allow States to petition self such time as I may consume. lack of coordination between the var- to recover from the Federal Govern- Mr. Chairman, I strongly support ious levels of government is a very, ment costs for services that are per- this Berry amendment. It is completely very dangerous situation. This bill, in formed by State law enforcement agen- consistent with the intent of the Fast- its totality, strikes at that very vul- cies that are not terrorism-related. er and Smarter Funding For First Re- nerability, and this amendment, I This amendment really does add sponders Act. Indeed, H.R. 1544 con- think, precisely talks to the very im- flexibility to the administration of tains many other provisions with the portant factor of coordination of those these grants. It would allow, for exam- same purpose: to enhance Federal, agencies. ple, in our seacoast port of Port Smith State, local, regional and tribal gov- I want to commend the sponsor of to reimburse them for the State police ernment cooperation in the process of the amendment. boat that currently supplants those ef- establishing the criteria for Mr. BERRY. Mr. Chairman, I have no forts being undertaken by the Coast prioritizing applications for covered further speakers. I thank the chairman Guard at the behest of the Coast grants. For example, the bill directs and the ranking member of the com- Guard. It allows local police depart- the Secretary to establish a first re- mittee for their consideration, and I ments such as the police department in sponders task force. yield back the balance of my time. New Ipswich, New Hampshire, that had The Acting CHAIRMAN (Mr. TERRY). b 1245 to detain illegals for a period of time, The question is on the amendment of- had to deal with them and could not This task force, which will advise the fered by the gentleman from Arkansas get the immigration department in- Secretary of Homeland Security on (Mr. BERRY). volved quickly enough, to apply for re- preparedness benchmarks, will consist The amendment was agreed to. imbursement. It also allows local po- of 25 members, representative of all of The Acting CHAIRMAN. It is now in lice departments to enforce border the first-responder disciplines and a order to consider amendment No. 3 crossings, if necessary. It allows them substantive cross-section of geography printed in House Report 109–77. to apply for reimbursement. It does not from across the Nation. AMENDMENT NO. 3 OFFERED BY MR. BASS guarantee it, but it allows them to The Berry amendment, in my view, Mr. BASS. Mr. Chairman, I offer an apply. will help ensure that the Grant Board’s amendment. I hope that the committee will ac- risk-based analysis adequately address- The Acting CHAIRMAN. The Clerk cept this amendment. I know we have es the concerns of State, local, regional will designate the amendment. had good discussions on both sides with and tribal governments who, after all, The text of the amendment is as fol- it. have direct jurisdiction and control lows: Mr. Chairman, I reserve the balance over the first responders who are the Amendment No. 3 offered by Mr. BASS: of my time. focal point of this legislation. This In section 3(a)(2), in the quoted section The Acting CHAIRMAN. For what amendment will provide important 1806(d), re-designate existing text as para- purpose does the gentleman from Mis- comfort to covered grant applicants as graph (1), and insert after paragraph (1) the sissippi (Mr. THOMPSON) rise? the department shifts from a political, following: Mr. THOMPSON of Mississippi. Mr. formula-driven system to one based on (2) An applicant for a covered grant may Speaker, in order to speak on this risk. petition the Secretary for the reimburse- amendment, I claim the time in opposi- A dramatic programmatic shift such ment of the cost of any activity relating to prevention (including detection) of, pre- tion. as the one established by this bill can- paredness for, response to, or recovery from The Acting CHAIRMAN. The gen- not be made in a vacuum. It must be acts of terrorism that is a Federal duty and tleman from Mississippi (Mr. THOMP- made in close coordination with the usually performed by a Federal agency, and SON) is recognized for 10 minutes. people most affected. That is the pur- that is being performed by a State or local Mr. THOMPSON of Mississippi. Mr. pose of the bill as it is written. government (or both) under agreement with Chairman, I yield myself such time as I think the Berry amendment clari- a Federal agency. I may consume. Mr. Chairman, only for fies that purpose in a useful way, and I The Acting CHAIRMAN. Pursuant to the sake of discussion and procedure do strongly support it. House Resolution 269, the gentleman I do that, as I am in absolute agree- Mr. Chairman, I yield back the bal- from New Hampshire (Mr. BASS) and a ment with the author of the amend- ance of my time. Member opposed each will control 10 ment. Mr. BERRY. Mr. Chairman, I yield minutes. This amendment adds an additional such time as he may consume to the The Chair recognizes the gentleman paragraph for reimbursement of costs gentleman from New Jersey (Mr. from New Hampshire (Mr. BASS). that a State may incur for terrorism PASCRELL), the distinguished ranking Mr. BASS. Mr. Chairman, I yield my- preparedness. It would allow for the re- member of the Subcommittee on Emer- self such time as I may consume. imbursement for activities that a State gency Preparedness, Science, and Tech- This is an amendment that I think may perform which are traditionally nology. adds flexibility and workability to the Federal responsibilities. It is common Mr. PASCRELL. Mr. Chairman, I bill. What it will do is it will allow sense, it is the right thing, and I sup- support the Berry amendment. The States to petition the Secretary to use port this amendment. gentleman from Arkansas has a tend- grants that are covered for expendi- Mr. Chairman, I reserve the balance ency and a knack to present amend- tures that are considered anti-ter- of my time. ments on this floor that are reason- rorism activities and are normally du- Mr. BASS. Mr. Chairman, I yield 5 able, precise and relevant. This is a ties that would be exercised by the minutes to the gentleman from Geor- very relevant amendment, as our chair- Federal Government. What is not cur- gia (Mr. NORWOOD), my cosponsor. man just pointed out. rently allowed in the bill are personnel Mr. NORWOOD. Mr. Chairman, I We need greater coordination be- costs or agreements between State and thank the gentleman from New Hamp- tween the Department of Homeland Se- local entities that affect a Federal shire (Mr. BASS), my friend, for the curity with State, local and tribal offi- agency. time.

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.046 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3231 Mr. Chairman, this amendment the support the underlying bill, and I do Mr. BASS. Mr. Chairman, I have no gentleman from New Hampshire (Mr. thank the committee for working with further speakers. I urge the support of BASS) and I are offering today is about us on this language, and I want to con- this amendment, and I yield back the allowing States and localities some tinue to work with the gentleman from balance of my time. flexibility with their Federal homeland California (Mr. COX) in addressing this Mr. THOMPSON of Mississippi. Mr. security funds. This flexibility is vital, critical problem. Chairman, I yield back. especially when States and localities Mr. THOMPSON of Mississippi. Mr. The Acting CHAIRMAN. The ques- are doing the job of the Federal Gov- Chairman, I yield such time as he may tion is on the amendment offered by ernment. Essentially, we believe that consume to the gentleman from Cali- the gentleman from New Hampshire when States and localities are per- fornia (Mr. COX). (Mr. BASS). forming Federal homeland security Mr. COX. Mr. Chairman, I thank the The amendment was agreed to. functions, they should be able to tap gentleman from Mississippi (Mr. b 1300 into Federal homeland security dol- THOMPSON) for the time. I rise in support of the Bass-Norwood The Acting CHAIRMAN (Mr. TERRY). lars. It is now in order to consider amend- First, let me say and make very clear amendment. I strongly support this amendment, and I do so for several rea- ment No. 4 printed in House Report No. that the gentleman from California 109–77. (Chairman COX) and his committee had sons. AMENDMENT NO. 4 OFFERED BY MR. WEINER a tough assignment, and I very much First, since the attacks of 9/11, States Mr. WEINER. Mr. Chairman, I offer like what they have done and respect and local governments are increasingly stepping up to the plate and assuming an amendment. the product that they have produced. I some of what have traditionally been The Acting CHAIRMAN. The Clerk strongly support getting this first-re- the Federal Government’s responsibil- will designate the amendment. sponder money out of the currently ities in the area of terrorism prepared- The text of the amendment is as fol- clogged pipeline, and that is basically ness. For example, many State and lows: what we are trying to do here today, local governments have entered into Amendment No. 4 offered by Mr. WEINER: and my congratulations to the chair- agreements with the U.S. Coast Guard In title XVIII of the Homeland Security man for doing just that. Act of 2002, as proposed to be added by the or with immigration and customs en- I have a major homeland security bill, insert at the end the following new sec- forcement or other elements of the De- concern that I really do not think is tion (and make such technical and con- partment of Homeland Security to per- getting nearly enough attention or forming changes as may be necessary): form responsibilities relating to home- funding. Additional resources are need- SEC. 18ll. LIMITATION ON NUMBER OF UASI land security. GRANTEES. ed to help law enforcement deal with Second, the Bass-Norwood amend- In carrying out the Urban Area Security the problem of illegal aliens, a Federal ment, which would permit petitioning Initiative, or any successor to such grant issue and responsibility closely related the Secretary for reimbursement for program, the Secretary may award not more to our security and anti-terrorism con- expenses in this regard, is fiscally re- than 50 grants for any fiscal year. cerns. I believe our amendment would sponsible. It would not, for example, The Acting CHAIRMAN. Pursuant to help these States and localities deal permit grant recipients to use covered House Resolution 269, the gentleman with this problem. grant funds to supplant routine State from New York (Mr. WEINER) and a Last Congress, I introduced the or local government expenses. It does Member opposed each will control 10 CLEAR Act which was designed to not permit, for example, reimburse- minutes. clarify State and local law enforce- ment for personnel costs. The Chair recognizes the gentleman ment involvement in combating illegal The Bass-Norwood amendment is also from New York (Mr. WEINER). immigration. I need not remind the properly targeted in scope. States and Mr. WEINER. Mr. Chairman, I yield body that many of the 9/11 hijackers localities may defray the costs of their myself such time as I may consume. were here illegally, that many of the assumed homeland security duties only The purpose of this amendment is World Trade Center bombers were here with the consent of the Secretary of simple. First of all, let me say what illegally, and many of the plotters for Homeland Security, and States and lo- this amendment is not. This amend- other terrorist acts are here illegally. calities that have assumed these kinds ment is not an effort to litigate again Immigration and border issues are cen- of duties have to have done so pursuant the conflict that has arisen in this tral to our homeland security and anti- to an agreement with a Federal agen- House between urban Members and terrorism efforts. cy. rural Members. It is not an effort to re- In promoting that bill, two problems The Federal Government, in my visit the formula question about the were identified for law enforcement, view, should encourage States and lo- minimums. I think that the committee the lack of resources and the lack of calities to assist the Federal Govern- has done a fairly good job on trying to authority to do what needs to be done. ment in providing security where it manage that situation, although it is While this bill does not deal with the would otherwise be lacking, and that is not perfect. My belief is that there authority part of the problem, it does what this amendment is going to help should be no minimum guarantee. deal with the resources part of the so- us do. To support this policy, it is in- Money should be allocated based on lution. Therefore, our law enforcement cumbent upon Congress to permit threats. That is the way I think it folks and others who are increasingly State and local governments to peti- should be done, but I understand the ef- taking on anti-terror and homeland se- tion the Secretary for reimbursement. forts of the ranking member and the curity operations should be able to ac- The Bass-Norwood amendment is chairman to address that problem; and cess Federal funds for performing these consistent with other provisions of this they have done so, I think, better than Federal roles. bill. Specifically, H.R. 1544, the under- we have up until now. The gentleman from New Hampshire lying bill, permits covered grant recipi- The question still arises about (Mr. BASS) and I have different dis- ents to satisfy the matching require- whether or not we should have a por- tricts, with different needs, but we ments through in-kind contributions of tion of our homeland security funding agree that this language provides some goods or services, or other equipment, stream that is dedicated for what we in flexibility to get at our individual con- fuel, maintenance, personnel overtime Congress said we wanted in the 2003 cerns. Of course, the Department of and other costs that are associated omnibus, which is a pool of money that Homeland Security has a role in over- with State and local assumption of is designated to go, in the language of sight under the amendment so there Federal terrorism preparedness duties. the legislation, to address the unique are some checks and balances, appro- For all of these reasons, I strongly equipment, training, planning, and ex- priately. We are intentionally not talk- support the Bass-Norwood amendment. ercise needs of selected large high- ing about an unfettered ability to send I congratulate its authors for pre- threat urban areas. the Feds a bill for services rendered. senting it before the House. We have now, through the course of Neither of us have interest in that. Mr. THOMPSON of Mississippi. Mr. time, expanded that not just to be cit- I urge my colleagues to support this Chairman, I reserve the balance of my ies; it is literally the areas around cit- amendment. I urge my colleagues to time. ies, the cities and the suburbs, and in

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.050 H12PT1 H3232 CONGRESSIONAL RECORD — HOUSE May 12, 2005 many cases it is also the ports authori- these 50 or fewer cities. Now, I happen Los Angeles and New York is that the ties and the airports authorities of to believe 50 is a very high number. L.A. region and the New York City re- these major cities. When you start thinking about the 50 gion are bigger and geographically What my legislation would do would largest cities, the largest metropolitan more relevant than the city qua city. be to address a creeping problem that areas, there are cities on the list pres- The municipal boundaries of New York was not created by this Congress but ently that do not even have minor or the municipal boundaries of Los An- has been created by the Department of league baseball teams, yet they are geles are not nearly so important, if Homeland Security. These high-threat considered major urban areas. there is a radiological attack, for ex- urban area grants, which started out I am not saying that we should take ample, as understanding where that going to six cities, have expanded over all of the funds and just dedicate them plume is going to go and what are the time to the point that now they are to my hometown. I know that is not evacuation corridors. over 50 cities, and there are also addi- anything that we should do. We have a We have learned since 9/11 we have tional areas and airports authorities law here that is crafted to distribute got to have regional collaboration. In and the like that get it. money based on different types of my home county, Orange County, What my legislation would do would threat, different types of ways. But we which as I said has 3 million people, we be to say, look, there are going to be in the legislature here in Congress have had two cities get Urban Area Security times when we are going to want to said very clearly that we believe there Initiative money. This was like the take a city or an area, and they may be should be a pot of money that is pro- fickle finger of fate that touched those under less threat or we may want to tected from the traditional political two cities and gave them all the cash add one, but we must not continue back and forth. Let us continue to pro- and ignored the County of Orange, ig- down the path for, I think, largely po- tect that pot of money. nored the municipalities situated right litical reasons each year adding more If you vote for my amendment, it next door to them. Happily, due to the and more and more cities to this pot. does not mean any of your constituents leadership of Sheriff Mike Carona and Here is what it is doing. We in the are not eligible for this money. It does the chairman of the Board of Super- Congress are expressing our views to not mean that. But it does mean if you visors Bill Campbell, and the mayor of increase the funding for that pool of are one of these cities either now, in Santa Ana, Miguel Pulido, and the money; but the Department of Home- the past, or in the future, you are not mayor of Anaheim, Curt Pringle, there land Security, by administrative fiat, going to be on the list of 300 or 400 cit- has been a workout, a local arrange- is adding the number of cities that are ies. It is going to be limited to 50 at ment made to equitably distribute available, therefore actually reducing most. these urban area security initiative the amount and percentage that the Mr. Chairman, I reserve the balance monies. But that is not the way the larger cities and areas have to contend of my time. program is designed. with. Mr. COX. Mr. Chairman, I rise in op- We have made sense of it in Cali- Now, for my colleagues who rep- position to the amendment. fornia despite the nonsense of the Fed- resent rural areas, my colleagues who Mr. Chairman, I yield 3 minutes to eral program itself. Perpetuating this represent suburban areas, my col- the gentleman from Mississippi (Mr. program, trying to focus more empha- leagues who represent areas that are THOMPSON). sis on it is the wrong way to go. UASI not traditionally thought of as large Mr. THOMPSON of Mississippi. Mr. is broke, and it makes no sense to urban areas, I want to assure you noth- Chairman, I thank the chairman of the place more emphasis upon it. ing in this amendment in any way lim- committee for yielding me this time to Finally, let me say that only re- its your ability to get funds from this speak in opposition to the amendment. gional grants, not State grants, may be pot. Because under language written by This amendment would limit the able to address certain unique ter- the chairman and the ranking member, number of urban area security initia- rorism preparedness needs, such as now areas can pool together. For exam- tive grants to 50. I understand what the risks that cross interstate or inter- ple, if Kansas and Iowa and Nebraska gentleman from New York (Mr. national boundaries, for example, bio- want to get together and say we want WEINER) is trying to accomplish; and terrorism or agro-terrorism. In this re- to create a pool to protect against he has to do it, he is from New York. spect, I agree with the comments made agro-terrorism, for example, they could However, it is unreasonable to set an by the author of the amendment. I be added as a group under my amend- arbitrary number, in this case 50, for think that to the extent we emphasize ment very easily. the number of UASI or regional grants. a regional approach, a mutual-aid ap- This simply says one thing: we have In the bill, we already limit the num- proach, we will find ourselves better to stop adding more and more cities ber of regions by requiring a region to prepared in the future. That is the aim, when that was clearly not the inten- have at least 1.65 million people. This one of the chief aims of H.R. 1544, the tion of Congress to do. We said in our would adequately limit the number of Faster and Smarter Funding for First actions that we wanted this to be a se- recipients in itself. So I oppose this Responders Act, and for those reasons I lect number of areas. If the Depart- amendment. counsel opposition to this amendment. ment of Homeland Security is going to Mr. COX. Mr. Chairman, I yield my- Mr. Chairman, I reserve the balance continue to add to that list, until we self such time as I may consume, and I of my time. essentially have every single eligible too rise in opposition to this amend- Mr. WEINER. Mr. Chairman, I yield city up to the limit that is laid out in ment. myself such time as I may consume. the law, what is the purpose of having I agree with the intention of the au- First of all, in reaction to my good the bifurcated system? Maybe we thor of the amendment to limit the friend, the gentleman from Mississippi, should not. number of grant awards under the he is incorrect. The bill defines the size I mean, I happen to believe that we Urban Area Security Initiative, but I of a region at 1.65 million, but it leaves were trying to address a legitimate do not agree with the thrust of the open cities of any type. We do not concern that many have raised, includ- amendment, which is to, in essence, know, since the bill is silent on that ing the 9/11 Commission, that said, perpetuate a system that sends money distinction. You can have a city of look, there are some areas and cities exclusively to cities and ignores re- 20,000 and be eligible for this. You can that we want to have a distinct pot of gions. have a city of 10,000 and be eligible. money for. One of the important reforms made The gentleman from Mississippi is cor- Before I reserve, let me just make an- in H.R. 1544 is that we open up the rect that a region has to be 1.65 mil- other point. We are talking about ap- process to regional grant applications. lion, but nowhere does it restrict the proximately 25 percent of the overall I come from the most populated State size of the city. funding stream for homeland security. in America: California. My county, just As for the chairman, the chairman, We are not talking about 75 or 80 per- one of 58 counties in California, has 3 who has done an excellent job on this cent. We are talking about a discrete million people. Los Angeles, obviously, bill, regrettably is incorrect as well. amount of money, a discrete percent- is an enormous urban center. But the There is nothing in my amendment age of money which would be held for important thing to note about both that restricts this from going to cities

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.053 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3233 or to regions. As I read from line 4 of I think it is very easy to argue that There was no objection. the bill: ‘‘may not award any more New York City has been under the Mr. CASTLE. Mr. Chairman, like than 50 grants for any fiscal year.’’ If same consistent threat since 9/11, but most of my colleagues here today, I the Department of Homeland Security, this funding certainly does not reflect support efforts to reform our current which by the way this issue is some- that. The example that I use of New system to ensure that more funding for what vague in the bill as drafted, it is York City is just one example of how it our first responders is determined on silent on how this program is going to has varied widely across cities. the basis of risk. The 9/11 Commission be divided. If the Department of Home- One of the greatest reasons for this noted that one of our greatest chal- land Security says grants are available yo-yo funding is when you increase lenges would be in how to allocate to areas, which they have been in the who is eligible, you decrease your op- these limited resources, and I agree. past, fine. Limit it to 50. If they say it tions on how you distribute. So we The gentleman from California’s deter- should be cities, limit it to 50. need to make sure that this funding is mination for taking on this challenge If we take the chairman and the based on risk rather than political cal- is commendable. ranking member’s argument to its log- culations, and limiting the number of As the gentleman knows, I have been ical extension, you could conceivably grants to 50 is certainly reasonable and concerned about the Department’s abil- in this portion of the bill, which the a fair way. ity to accurately determine national language says ‘‘shall be to exercise the May I speak also very briefly on how threats, vulnerabilities and con- needs of selected large, high-threat far preferable the House version is to sequences. In its report, the 9/11 Com- urban areas,’’ it could be any city of the Senate version in the underlying mission also notes that, due to the any size. And I do not believe that was bill. overwhelming focus on specific high- the intention of our legislation. Mr. WEINER. Mr. Chairman, I yield risk areas, terrorists might begin turn- I think what we are doing, and with myself the balance of my time. ing their attention to softer, less-pro- all due deference to the gentleman There seems to be some misunder- tected targets. from Mississippi, I am not just offering standing, and I am waiting for some As a Member representing our Na- this because I am from New York. It clarification on our side, if the major- tion’s sixth smallest State by popu- could be that we add the 200 cities to ity side has clarification, because it lation, second smallest by size, I am this, 300 cities, 400, 500 cities, and we might lead me to withdraw my amend- concerned that, in improving the cur- completely undermine the intention of ment. rent system, we might inadvertently If someone will stand up and say that this Congress when we created the pro- overlook citizens in States considered a city of less than 1.65 million will be gram to begin with. Maybe you are less likely to be vulnerable. In Dela- ineligible to receive these grants in the right. In that case, do away with the ware, the State Emergency Manage- future, as has been articulated by the program. It is not any longer going to ment Agency has expressed some con- ranking member and implied by the be a high-threat, high-density urban cern that our high-risk targets may be chairman, then we are on to some- area grant program. Then let us elimi- neglected. Such omissions force small thing. nate it. Put it in with the other pot of States like mine to dip into other im- money. But if we are going to have it, b 1315 portant programs, such as disaster pre- let us preserve its integrity. The language in the bill refers to the vention, in order to provide necessary Mr. Chairman, I reserve the balance area which is this new thing that we resources and personnel to handle cer- of my time. are trying to do, I think, for good rea- tain attacks. Mr. COX. Mr. Chairman, I yield back son. The question is, will a city of There needs to be some balance here the balance of my time. 50,000 or 60,000 who does not form a coa- and recognition that real homeland se- Mr. WEINER. Mr. Chairman, I yield 2 lition with four or five or six other cit- curity needs exist outside of metropoli- minutes to the gentlewoman from New ies or other regions, will they still be tan areas. To the best of my knowl- York (Mrs. MALONEY). eligible? That is the problem. edge, the Department of Homeland Se- Mrs. MALONEY. Mr. Chairman, I I think that what we have here is a curity has not completed a comprehen- thank the gentleman for yielding me very good bill that continues a bifur- sive national risk assessment. It seems this time, and for his amendment, cated system. On one hand, you have that this type of national risk assess- which I rise in strong support of. every single corner of the country eli- ment should serve as a basis for deter- The amendment of the gentleman gible for money based on threat, based mining how to allocate first-responder from New York (Mr. WEINER) would on the Weiner language that was intro- grants, but apparently, a thorough limit the high-threat grants to 50 total duced in committee, and I am glad you study will not be available for several grants. If this amendment were en- accepted; on the other side, we have years. acted, it would ensure to a greater de- this thing that now only limits the I would appreciate the chairman’s gree that high-threat funding truly area to 1.65 million. What I am trying thoughts on this. goes to what it is intended to do, go to to do is not say a city can be on or off Mr. COX. Mr. Chairman, will the gen- high-threat areas. but say, let us limit it to 50. tleman yield? When Congress first created the so- The Acting CHAIRMAN (Mr. PUT- Mr. CASTLE. I yield to the gen- called high-threat program, it was lim- NAM). The question is on the amend- tleman from California. ited to seven cities; yet last year that ment offered by the gentleman from Mr. COX. Mr. Chairman, I appreciate number jumped to 80 grants, with 50 the comments of the gentleman from New York (Mr. WEINER). cities getting funding and 30 transit The question was taken; and the Act- Delaware. I would like to assure him agencies. This year, the Department ing Chairman announced that the noes that the bill before us today is designed again funded 50 cities. The practical ef- appeared to have it. to prepare every State, small, medium fect is that those cities that are the Mr. WEINER. Mr. Chairman, I de- and large, to respond in the event of a highest threat may see the amount of mand a recorded vote. terrorist attack. money directed towards them dimin- The Acting CHAIRMAN. Pursuant to The Department’s current method for ished because of the ever-increasing clause 6 of rule XVIII, further pro- allocating terrorism preparedness pie. ceedings on the amendment offered by grant funds has not always well served For example, 2 years ago, and I give the gentleman from New York (Mr. small and medium sized States, includ- the example of the city I represent, but WEINER) will be postponed. ing Delaware. The current grant sys- it could be other cities, New York City Mr. CASTLE. Mr. Chairman, I ask tem takes risk into account only in a received $150 million in funding. But unanimous consent to strike the last limited way by specially earmarking last year, even though we remained word to enter into a colloquy with the funds to a handful of large urban areas high-threat number one in the Nation gentleman from California, the chair- under the urban area security initia- by all accounts, by all of the intel- man of the Committee on Homeland tive. With respect to all the rest of the ligence agencies, last year we saw a de- Security. funding, the current system ignores crease of 69 percent to $47 million. This The Acting CHAIRMAN. Is there ob- the threats, vulnerabilities and con- year, again we saw a dramatic shift up- jection to the request of the gentleman sequences of acts of terrorism any- wards to $214 million. from Delaware? where else in the United States. Yet

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.055 H12PT1 H3234 CONGRESSIONAL RECORD — HOUSE May 12, 2005 throughout America, there are popu- SECTION 7. REMOVAL OF CIVIL LIABILITY BAR- in need. Under current law, the threat lations and critical infrastructure that RIERS THAT DISCOURAGE THE DO- of civil liability has caused some orga- NATION OF FIRE EQUIPMENT TO terrorists have within their sights. VOLUNTEER FIRE COMPANIES. nizations to destroy fire equipment H.R. 1544 would eliminate this anom- (a) LIABILITY PROTECTION.—A person who rather than donating it to volunteer aly by requiring a risk-based analysis donates fire control or fire rescue equipment rural and other financially strapped de- that covers every part of America, to a volunteer fire company shall not be lia- partments. We know that, every day ble for civil damages under any State or Fed- urban, suburban and rural, based on ob- across the United States, firefighters eral law for personal injuries, property dam- respond to calls for help. We are grate- jective criteria. To this end, H.R. 1544 age or loss, or death caused by the equip- establishes a first-responder grant ment after the donation. ful that these brave men and women board to prioritize and evaluate all ap- (b) EXCEPTIONS.—Subsection (a) does not work to save our lives and protect our plications for covered grants on the apply to a person if— homes and businesses. We may presume basis of risk and need. (1) the person’s act or omission causing the that our firefighters work in depart- injury, damage, loss, or death constitutes ments with the latest and best fire During this evaluation and gross negligence or intentional misconduct; prioritization process, the grant board fighting and protective equipment or when in reality there are an estimated must consider a number of factors, in- (2) the person is the manufacturer of the 30,000 firefighters who risk their lives cluding, but not limited to, various fire control or fire rescue equipment. critical infrastructure sectors in all (c) PREEMPTION.—This Act preempts the daily due to a lack of basic personal areas of the Nation, urban, suburban laws of any State to the extent that such protective equipment, PPE. In both and rural. Indeed, the 16 critical infra- laws are inconsistent with this Act, except rural and urban fire departments, lim- that notwithstanding subsection (b) this Act structure sectors enumerated in H.R. ited budgets make it difficult to pur- shall not preempt any State law that pro- chase more than fuel and minimum 1544 encompass a large number of crit- vides additional protection from liability for ical infrastructure sectors, including maintenance. At the same time, cer- a person who donates fire control or fire res- tain industries are constantly improv- agriculture and food, banking and fi- cue equipment to a volunteer fire company. ing and updating the fire protection nance, energy, public health and health (d) DEFINITIONS.—In this section: care, government facilities, transpor- (1) PERSON.—The term ‘‘person’’ includes equipment to take advantage of new, tation systems, and water. any governmental or other entity. state-of-the-art innovation. Sometimes (2) FIRE CONTROL OR RESCUE EQUIPMENT.— the surplus equipment has never been As Delaware’s former Governor, the The term ‘‘fire control or fire rescue equip- used to put out a single fire. Sadly, the gentleman knows that Delaware con- ment’’ includes any fire vehicle, fire fighting threat of civil liability causes many or- tains a great deal of critical infrastruc- tool, communications equipment, protective ganizations to destroy rather than do- gear, fire hose, or breathing apparatus. ture, including chemical plants, bank- nate millions of dollars of quality fire (3) STATE.—The term ‘‘State’’ includes the ing and finance, and ports. But he and equipment. I also know that, under current law, several States, the District of Columbia, the Commonwealth of Puerto Rico, the Com- Not only do volunteer fire depart- the Department does not consider monwealth of the Northern Mariana Islands, ments provide an indispensable service, these factors in awarding grant funds American Samoa, Guam, the Virgin Islands, some estimates indicate that the near- to his State. Delaware has no jurisdic- any other territory or possession of the ly 800,000 volunteer firefighters nation- tion that receives grant funds from the United States, and any political subdivision wide save State and local governments urban area security initiative. As a re- of any such State, territory, or possession. $36.8 billion a year. Of the 26,000 fire de- sult, like many States under the cur- (4) VOLUNTEER FIRE COMPANY.—The term partments in the United States, more ‘‘volunteer fire company’’ means an associa- rent system, Delaware only receives than 19,000 are all volunteers and an- grant moneys under the State home- tion of individuals who provide fire protec- tion and other emergency services, where at other 3,800 are mostly volunteer. Thir- land security grant program. But fund- least 30 percent of the individuals receive lit- teen States, Alabama, Arizona, Arkan- ing under that program is awarded tle or no compensation compared with an sas, California, Florida, Illinois, Indi- solely on the basis of an arbitrary po- entry level full-time paid individual in that ana, Missouri, Nevada, New York, litical formula without regard to Dela- association or in the nearest such associa- Pennsylvania, South Carolina and ware’s actual risk or need. Passage of tion with an entry level full-time paid indi- Texas, have passed similar legislation. this legislation, the Faster and Smart- vidual. In the 7 years of the Texas program, (e) EFFECTIVE DATE.—This Act applies only er Funding For First Responders Act, more than $12 million worth of fire- will remedy these problems. to liability for injury, damage, loss, or death caused by equipment that, for purposes of fighter equipment has been donated Mr. CASTLE. Reclaiming my time, subsection (a), is donated on or after the and given to needy departments. This Mr. Chairman, I thank the gentleman date that is 30 days after the date of the en- includes nearly 70 emergency vehicles from California for his comments. The actment of this Act. and more than 1,500 pieces of commu- gentleman is correct in that my home The Acting CHAIRMAN. Pursuant to nications equipment as well. In total, State, and every other State, deserves House Resolution 269, the gentleman more than 33,000 items have been do- equitable consideration. I appreciate from Delaware (Mr. CASTLE) and the nated. his willingness to protect adequate gentleman from Mississippi (Mr. Congress can respond to the needs of grant allotments for first responders in THOMPSON) each will control 10 min- fire companies by removing civil liabil- small States. I support the gentleman’s utes. ity barriers. Equipping our Nation’s goal of getting these important funds The Chair recognizes the gentleman first responders is essential as we fight to communities where they can be used from Delaware (Mr. CASTLE). the war on terror. I want to thank the effectively and look forward to work- Mr. CASTLE. Mr. Chairman, I yield chairman of the Committee on the Ju- ing with him throughout this process myself such time as I may consume. diciary, the gentleman from Wisconsin to ensure all States receive fair and re- Mr. Chairman, I rise today in support (Mr. SENSENBRENNER), for his past sup- alistic homeland security funding. of my amendment to H.R. 1544, which port of this measure, and I am hopeful The Acting CHAIRMAN. It is now in is identical to legislation I introduced, the esteemed chairman of the Com- order to consider amendment No. 5 H.R. 1088, the Good Samaritan Volun- mittee on Homeland Security and my printed in House Report 109–77. teer Firefighter Assistance Act. This colleagues will again join me in sup- legislation overwhelmingly passed the porting this measure. AMENDMENT NO. 5 OFFERED BY MR. CASTLE U.S. House of Representatives last Con- Mr. Chairman, I reserve the balance Mr. CASTLE. Mr. Chairman, I offer gress, 397–3, and was also included as an of my time. an amendment. amendment to H.R. 10, the 9/11 Rec- Mr. THOMPSON of Mississippi. Mr. The Acting CHAIRMAN. The Clerk ommendations Implementation Act. Chairman, I yield such time as he may will designate the amendment. Unfortunately, it was not in the final consume to the gentleman from Vir- conference report. ginia (Mr. SCOTT). The text of the amendment is as fol- My amendment removes a barrier Mr. SCOTT of Virginia. Mr. Chair- lows: which currently prevents some organi- man, I oppose this amendment to the Amendment No. 5 offered by Mr. CASTLE: zations from donating surplus fire legislation. While I salute the hard At the end of the bill, add the following: fighting equipment to fire departments work of our volunteer firefighters, it

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.058 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3235 appears to me that we have a very ex- when it was up on its own merits, the SCOTT) credit, he did vote ‘‘no’’ then. I treme solution to a problem that does recorded vote was 397–3. do not know if a single thing has not exist. Although the amendment This is a commonsense amendment changed in that interim time. purports to encourage donation of fire that is vitally important. It would pro- It is pretty simple. We have large fighting equipment by eliminating vide protection to people who donate corporations, for the most part, that civil liability barriers, there are no re- fire control or fire rescue equipment, have their own fire equipment. It is ported cases of businesses refusing to but more importantly, it would better very modern. It is generally unused. donate their equipment nor cases of equip and protect our Nation’s fire- They donate it. They are not going to volunteer fire fighting companies suing fighters, and that is what this bill is all donate it unless this liability provision their donors. Whatever the so-called about. This bill is for our first respond- is removed. Most big States, or at least problem is could be solved or addressed ers. So is the Castle amendment. It will a lot of big States, have looked at this without congressional action. encourage fire departments, the pri- and have made the decision to go ahead For example, in the 108th Congress vate sector and other people to donate and do that. And it just seems to make when the similar legislation was before equipment that the firefighters des- sense all over this country, as we try to the Committee on the Judiciary, we perately need so that they can better support our volunteer fire services, heard during our committee delibera- protect every American. that we would give them the best tions that a volunteer fire department Many people incorrectly assume that equipment possible. And this simply could simply sign a contract waiving all firefighters work in departments would allow that to happen. liability of the donors from negligence that have the latest and the best equip- I would hope that every single Mem- resulting from the donated fire equip- ment. The reality, unfortunately, is far ber of the House of Representatives ment. This tactic would ensure that different. It is estimated that 30,000 this time would look carefully, if it fire companies are informed and have firefighters every day risk their lives comes to a roll call, at what is a rather consented to the immunity of the unnecessarily due to inadequate per- simple amendment and would be in full donor. Congress does not have to man- sonal protective equipment, just to cite support of it. And I hope that, as much date the immunity. The groups can one example. as I enjoy presenting this amendment, agree to it if they want or if the donor This is a fiscally prudent amend- that this is the last time we have to insists. ment. It is going to stretch our dollars. present and it becomes law sooner Mr. Chairman, this is not a Federal It serves the interests of taxpayers by rather than later so that we can pro- issue. It is a matter that can be dealt extending the life of equipment they ceed, because even in the last year, we with by the States. There is nothing have already paid for. This is expensive have, unfortunately, lost some oppor- Federal about local volunteer fire de- equipment, and it ought to be used. tunities for donation of equipment. partments. This liability is a State And it provides poorer jurisdictions Mr. CONYERS. Mr. Chairman, I strongly op- issue, and many States have already with capabilities they might not other- pose this amendment. While I salute the hard dealt with it. For example, some States wise have and might not have the abil- work of our volunteer firefighters, it appears to provide immunity but only after re- ity to attain. me that this amendment we have before us a quiring certification that the equip- I congratulate the gentleman for of- very stringent solution in search of an actual ment is safe. This amendment provides fering the amendment, I strongly sup- problem. Although the amendment is sup- no such immunity. For the safety of port it, and I urge my colleagues to posed to encourage the donation of firefighter our volunteers, companies should not vote in support as well. equipment by eliminating civil liability barriers, be given blanket immunity for donat- Mr. THOMPSON of Mississippi. Mr. there have been no reported cases of busi- ing fire equipment. While it may be Chairman, I yield myself such time as nesses refusing to donate equipment nor true that most of the equipment is per- I may consume. cases of volunteer firefighter companies suing fectly usable, companies should be pre- This amendment would remove civil donators. At a minimum, this bill should be re- vented from donating obsolete equip- liability barriers from the donation of viewed in accordance with regular House ment known to be of dubious safety. fire equipment for volunteer fire com- order. There have been no hearings or mark- Certain equipment, like protective panies. As a former volunteer fire- ups in the Judiciary Committee, no opportunity gear and breathing apparatus, can de- fighter from a small community, I un- for the members to debate this issue to date. teriorate over time and may not be derstand how important it is to have Companies should not be given blanket im- suitable for use. So the threat of civil the equipment you need to protect fel- munity to companies for donating fire fighting liability causes some to think twice low citizens. Although I am going to equipment. While it may be true that most of about donating dangerous equipment, support this amendment, the issue the equipment is perfectly usable, companies equipment which may place our fire- needs to be studied further once we get should be prevented from donating obsolete fighters in danger. If this amendment into conference. I am concerned that equipment. Certain equipment like protective passes, they will not have to be con- there are no assurances that the equip- gear and breathing apparatuses can deterio- cerned about donating that dangerous ment would perform as expected, and rate over time and may not be suitable for equipment. therefore, many of the firefighters who reuse. If firefighters work to protect and keep I would hope that we would defeat would use this equipment potentially citizens safe, should not they have the best the amendment, allow the volunteer could be harmed. firefighters to waive the liability if protective equipment possible? 1330 they want, but not impose a federally b This ‘‘so-called’’ problem can clearly be mandated waiver on everybody wheth- We must ensure that our firefighters solved without congressional action. First, vol- er they want to use it or not. I urge my are adequately protected. unteer fire companies could simply sign a con- colleagues to reject the amendment Mr. Chairman, I yield back the bal- tract waiving the liability of the donors for neg- which may, in fact, endanger our fire- ance of my time. ligence resulting from donating firefighting fighters. Mr. CASTLE. Mr. Chairman, I yield equipment. This tactic would ensure that the Mr. CASTLE. Mr. Chairman, I yield myself such time as I may consume. fire companies are informed and have con- such time as he may consume to the I will close briefly. Let me just reit- sented to the immunity of the donor. Second, distinguished gentleman from Cali- erate, this has been actually before us this issue is a matter that can be dealt with by fornia (Mr. COX). before. It is actually a popular amend- the States. There is nothing Federal about Mr. COX. Mr. Chairman, I thank the ment. People want it on their legisla- local volunteer fire departments; it is purely a distinguished gentleman from Dela- tion for the most part. So we have had State issue. ware for yielding the time but more a little trouble getting it signed into With all of the other pertinent issues that are importantly for offering this important law because it keeps passing and then before Congress, I find it problematic that we amendment. The House has voted in getting dropped off for various things. are entertaining this non-problem. I urge my support of this amendment before. Dur- But we voted on it back in September, colleagues to reject this truly anti-firefighter ing the 108th Congress, twice it passed and I do not know what has changed protection amendment. the House. As a stand-alone measure, since then. The vote was 397 to 3. To Mr. CASTLE. Mr. Chairman, I yield all by itself, on September 14, 2004, and the gentleman from Virginia’s (Mr. back the balance of my time.

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.059 H12PT1 H3236 CONGRESSIONAL RECORD — HOUSE May 12, 2005 The Acting CHAIRMAN (Mr. PUT- Etheridge Kucinich Ramstad So the amendment was rejected. Evans Kuhl (NY) Regula NAM). The question is on the amend- Everett LaHood Rehberg The result of the vote was announced ment offered by the gentleman from Feeney Langevin Reichert as above recorded. Delaware (Mr. CASTLE). Ferguson Larsen (WA) Renzi Stated for: The amendment was agreed to. Fitzpatrick (PA) Latham Reyes Ms. SOLIS. Mr. Chairman, during rollcall Flake LaTourette Reynolds AMENDMENT NO. 4 OFFERED BY MR. WEINER Foley Leach Rogers (AL) vote No. 169 on the Weiner amendment to The Acting CHAIRMAN. The pending Forbes Levin Rogers (KY) H.R. 1544, I was unavoidably detained. Ford Lewis (CA) Rogers (MI) Had I been present, I would have voted business is the demand for a recorded Fortenberry Lewis (KY) Rohrabacher vote on the amendment offered by the Fossella Linder Ros-Lehtinen ‘‘aye.’’ gentleman from New York (Mr. Foxx LoBiondo Ross The Acting CHAIRMAN (Mr. PUT- Franks (AZ) Lofgren, Zoe Royce NAM). There being no other amend- WEINER) on which further proceedings Frelinghuysen Lucas Ryan (OH) ments, the question is on the com- were postponed and on which the noes Gallegly Lungren, Daniel Ryan (WI) prevailed by voice vote. Garrett (NJ) E. Ryun (KS) mittee amendment in the nature of a Gerlach Mack Salazar substitute, as amended. The Clerk will redesignate the Gibbons Manzullo Sa´ nchez, Linda amendment. The committee amendment in the Gilchrest Marchant T. nature of a substitute, as amended, was The Clerk redesignated the amend- Gillmor Marshall Sanders agreed to. ment. Gingrey Matheson Saxton Gohmert Matsui Schwarz (MI) The Acting CHAIRMAN. Under the RECORDED VOTE Goode McCarthy Scott (VA) rule, the Committee rises. The Acting CHAIRMAN. A recorded Goodlatte McCaul (TX) Sensenbrenner Gordon McCollum (MN) Sessions Accordingly, the Committee rose; vote has been demanded. Granger McCotter Shadegg and the Speaker pro tempore (Mr. A recorded vote was ordered. Graves McCrery Shaw LAHOOD) having assumed the chair, Mr. The vote was taken by electronic de- Green (WI) McHenry Shays Grijalva McHugh Sherwood PUTNAM, Acting Chairman of the Com- vice, and there were—ayes 88, noes 331, Gutknecht McIntyre Shimkus mittee of the Whole House on the State not voting 14, as follows: Hall McKeon Shuster of the Union, reported that that Com- Harman McKinney Simmons mittee, having had under consideration [Roll No. 169] Harris McMorris Simpson AYES—88 Hart Meek (FL) Smith (NJ) the bill (H.R. 1544) to provide faster and Hastings (WA) Mica Smith (TX) smarter funding for first responders, Abercrombie Gutierrez Owens Hayes Michaud Snyder Ackerman Higgins Pallone and other purposes, pursuant to House Hayworth Miller (FL) Sodrel Andrews Hinchey Payne Hefley Miller (MI) Souder Resolution 269, reported the bill back Barrow Holt Pelosi Hensarling Miller (NC) Spratt to the House with an amendment Bean Hoyer Rangel Herger Miller, Gary Stearns Bishop (NY) Israel adopted by the Committee of the Rothman Herseth Mollohan Strickland Blumenauer Jackson (IL) Whole. Ruppersberger Hinojosa Moore (WI) Stupak Brady (PA) Kilpatrick (MI) Rush Hobson Moran (KS) Sullivan The SPEAKER pro tempore. Under Capps Lantos Sabo Hoekstra Murphy Sweeney the rule, the previous question is or- Capuano Lee Schakowsky Holden Murtha Tancredo Cardin Lewis (GA) dered. Hooley Myrick Tanner Clay Lipinski Schiff Hostettler Neugebauer Tauscher Is a separate vote demanded on any Cleaver Lowey Schwartz (PA) Hulshof Ney Taylor (MS) amendment to the committee amend- Conyers Lynch Scott (GA) Hunter Northup Taylor (NC) Costello Maloney Serrano ment in the nature of a substitute Hyde Norwood Terry Crowley Markey Sherman adopted by the Committee of the Inglis (SC) Nunes Thomas Davis (CA) McDermott Skelton Inslee Nussle Thompson (CA) Whole? If not, the question is on the Davis (IL) McGovern Slaughter Issa Oberstar Thompson (MS) amendment. Delahunt McNulty Smith (WA) Istook Obey Thornberry Doyle Meehan Stark The amendment was agreed to. Jackson-Lee Ortiz Tiahrt Emanuel Meeks (NY) Tierney (TX) Osborne Tiberi The SPEAKER pro tempore. The Engel Melancon Towns Jefferson Otter Turner question is on engrossment and third Eshoo Menendez Udall (CO) Jenkins Oxley Udall (NM) Farr Miller, George reading of the bill. Van Hollen Jindal Pascrell Upton Fattah Moore (KS) The bill was ordered to be engrossed Vela´ zquez Johnson (CT) Pastor Visclosky Filner Moran (VA) Waters Johnson (IL) Paul Walden (OR) and read a third time and was read the Frank (MA) Nadler Weiner Johnson, E. B. Pearce Walsh third time. Gonzalez Napolitano Woolsey Johnson, Sam Pence Wamp Green, Al Neal (MA) The SPEAKER pro tempore. The Wu Jones (NC) Peterson (MN) Wasserman Green, Gene Olver Jones (OH) Peterson (PA) Schultz question is on the passage of the bill. NOES—331 Kanjorski Petri Watt The question was taken; and the Kaptur Pickering Weldon (FL) Speaker pro tempore announced that Aderholt Bradley (NH) Cramer Keller Pitts Weldon (PA) the ayes appeared to have it. Akin Brady (TX) Crenshaw Kelly Platts Weller Alexander Brown (OH) Cubin Kennedy (MN) Poe Westmoreland RECORDED VOTE Allen Brown (SC) Cuellar Kennedy (RI) Pombo Wexler Mr. COX. Mr. Speaker, I demand a re- Baca Brown, Corrine Culberson Kildee Pomeroy Whitfield Bachus Brown-Waite, Cummings Kind Porter Wicker corded vote. Baird Ginny Cunningham King (IA) Price (GA) Wilson (NM) A recorded vote was ordered. Baker Burgess Davis (AL) King (NY) Price (NC) Wilson (SC) The vote was taken by electronic de- Baldwin Burton (IN) Davis (FL) Kirk Pryce (OH) Wolf vice, and there were—ayes 409, noes 10, Barrett (SC) Butterfield Davis (KY) Kline Putnam Wynn Bartlett (MD) Buyer Davis (TN) Knollenberg Radanovich Young (AK) not voting 14, as follows: Barton (TX) Calvert Davis, Jo Ann Kolbe Rahall Young (FL) [Roll No. 170] Bass Camp Davis, Tom Beauprez Cannon Deal (GA) NOT VOTING—14 AYES—409 Berry Cantor DeFazio Becerra Kingston Roybal-Allard Abercrombie Beauprez Boucher Biggert Capito DeGette Berkley Larson (CT) Sanchez, Loretta Ackerman Biggert Boustany Bilirakis Cardoza DeLauro Berman Millender- Solis Aderholt Bilirakis Boyd Bishop (GA) Carnahan DeLay Hastings (FL) McDonald Watson Akin Bishop (GA) Bradley (NH) Bishop (UT) Carson Dent Honda Musgrave Waxman Alexander Bishop (NY) Brady (PA) Blackburn Carter Diaz-Balart, L. Andrews Bishop (UT) Brady (TX) Blunt Case Diaz-Balart, M. b 1356 Baca Blackburn Brown (OH) Boehlert Castle Dicks ´ Bachus Blumenauer Brown (SC) Boehner Chabot Dingell Ms. LINDA T. SANCHEZ of Cali- Baird Blunt Brown, Corrine Bonilla Chandler Doggett fornia, Mrs. MCCARTHY, Ms. Baker Boehlert Brown-Waite, Bonner Chocola Doolittle WASSERMAN SCHULTZ, Ms. Baldwin Boehner Ginny Bono Clyburn Drake Barrett (SC) Bonilla Burgess Boozman Coble Dreier HOOLEY, and Messrs GILCHREST, Barrow Bonner Burton (IN) Boren Cole (OK) Duncan SALAZAR and ROSS changed their Bartlett (MD) Bono Butterfield Boswell Conaway Edwards vote from ‘‘aye’’ to ‘‘no.’’ Barton (TX) Boozman Buyer Boucher Cooper Ehlers Mr. HIGGINS and Mr. HOLT changed Bass Boren Calvert Boustany Costa Emerson Bean Boswell Camp Boyd Cox English (PA) their vote from ‘‘no’’ to ‘‘aye.’’

VerDate Aug 04 2004 04:14 May 13, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.062 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3237 Cannon Green, Gene McKeon Shays Tancredo Walsh b 1415 Cantor Grijalva McKinney Sherman Tanner Wamp Capito Gutierrez McMorris Sherwood Tauscher Wasserman PERMISSION FOR COMMITTEE ON Capps Gutknecht McNulty Shimkus Taylor (MS) Schultz APPROPRIATIONS TO HAVE Capuano Hall Meehan Shuster Taylor (NC) Waters Cardin Harman Meek (FL) Simmons Terry Watt UNTIL MIDNIGHT, MAY 13, 2005, Cardoza Harris Meeks (NY) Simpson Thomas Weiner TO FILE PRIVILEGED REPORT Carnahan Hart Melancon Skelton Thompson (CA) Weldon (FL) ON DEPARTMENT OF HOMELAND Carson Hastings (WA) Menendez Slaughter Thompson (MS) Weldon (PA) Carter Hayes Mica Smith (NJ) Thornberry Weller SECURITY APPROPRIATIONS Case Hayworth Miller (FL) Smith (TX) Tiahrt Westmoreland ACT, 2006 Castle Hefley Miller (MI) Smith (WA) Tiberi Wexler Chabot Hensarling Miller (NC) Snyder Tierney Whitfield Mr. LEWIS of California. Mr. Speak- Chandler Herger Miller, Gary Sodrel Towns Wicker er, I ask unanimous consent that the Chocola Higgins Miller, George Souder Turner Wilson (NM) Committee on Appropriations have Clay Hinchey Mollohan Spratt Udall (CO) Wilson (SC) until midnight May 13, 2005, to file a Cleaver Hinojosa Moore (KS) Stark Udall (NM) Wolf Clyburn Hobson Moran (KS) Stearns Upton Woolsey privileged report making appropria- Coble Hoekstra Moran (VA) Strickland Van Hollen Wu tions for the Department of Homeland Cole (OK) Holden Murphy Stupak Vela´ zquez Wynn Security for the fiscal year ending Sep- Sullivan Visclosky Young (AK) Conaway Holt Murtha tember 30, 2006, and for other purposes. Conyers Hooley Myrick Sweeney Walden (OR) Young (FL) Cooper Hostettler Nadler The SPEAKER pro tempore (Mr. Costa Hoyer Napolitano NOES—10 LAHOOD). Is there objection to the re- Costello Hulshof Neal (MA) Allen Herseth Ross quest of the gentleman from Cali- Cox Hunter Neugebauer Berry McDermott Sabo fornia? Cramer Hyde Ney Cubin Michaud Crenshaw Inglis (SC) Northup Davis (AL) Moore (WI) There was no objection. Crowley Inslee Norwood The SPEAKER pro tempore. Pursu- Cuellar Israel Nunes NOT VOTING—14 ant to clause 1 of rule XXI all points of Culberson Issa Nussle Cummings Istook Oberstar Becerra Kingston Roybal-Allard order are reserved. Cunningham Jackson (IL) Obey Berkley Larson (CT) Sanchez, Loretta f Davis (CA) Jackson-Lee Olver Berman Millender- Solis Davis (FL) (TX) Ortiz Hastings (FL) McDonald Watson PERMISSION FOR COMMITTEE ON Honda Musgrave Waxman Davis (IL) Jefferson Osborne APPROPRIATIONS TO HAVE Davis (KY) Jenkins Otter Davis (TN) Jindal Owens UNTIL MIDNIGHT, MAY 13, 2005 Davis, Jo Ann Johnson (CT) Oxley b 1414 TO FILE A PRIVILEGED REPORT Davis, Tom Johnson (IL) Pallone So the bill was passed. ON DEPARTMENT OF INTERIOR Deal (GA) Johnson, E. B. Pascrell APPROPRIATIONS ACT, 2006 DeFazio Johnson, Sam Pastor The result of the vote was announced DeGette Jones (NC) Paul as above recorded. Mr. LEWIS of California. Mr. Speak- Delahunt Jones (OH) Payne er, I ask unanimous consent that the DeLauro Kanjorski Pearce A motion to reconsider was laid on DeLay Kaptur Pelosi Committee on Appropriations have Dent Keller Pence the table. until midnight, May 13, 2005 to file a Diaz-Balart, L. Kelly Peterson (MN) Stated for: privileged report, making appropria- Diaz-Balart, M. Kennedy (MN) Peterson (PA) tions for the Department of Interior Dicks Kennedy (RI) Petri Ms. SOLIS. Mr. Speaker, during rollcall vote and related agencies for the fiscal year Dingell Kildee Pickering No. 170 on final passage of H.R. 1544, I was Doggett Kilpatrick (MI) Pitts ending September 30, 2006, and for unavoidably detained. Had I been present, I Doolittle Kind Platts other purposes. Doyle King (IA) Poe would have voted ‘‘aye.’’ Drake King (NY) Pombo The SPEAKER pro tempore. Is there Dreier Kirk Pomeroy objection to the request of the gen- f Duncan Kline Porter tleman from California? Edwards Knollenberg Price (GA) There was no objection. Ehlers Kolbe Price (NC) PERSONAL EXPLANATION Emanuel Kucinich Pryce (OH) The SPEAKER pro tempore. Pursu- Emerson Kuhl (NY) Putnam ant to clause 1 of rule XXI, all points of Ms. LORETTA SANCHEZ of California. Mr. Engel LaHood Radanovich order are reserved. English (PA) Langevin Rahall Speaker, on Thursday, May 12, 2005, I was Eshoo Lantos Ramstad unavoidably absent due to a personal emer- f Etheridge Larsen (WA) Rangel gency. I request that the CONGRESSIONAL Evans Latham Regula REMOVAL OF NAME OF MEMBER Everett LaTourette Rehberg RECORD reflect that had I been present and AS COSPONSOR OF H.R. 1650 Farr Leach Reichert voting, I would have voted as follows: Fattah Lee Renzi Ms. LEE. Mr. Speaker, I ask unani- Feeney Levin Reyes Rollcall No. 169: ‘‘No.’’ On Agreeing to the mous consent to have my name re- Ferguson Lewis (CA) Reynolds Weiner Amendment to H.R. 1544. Filner Lewis (GA) Rogers (AL) moved as a cosponsor of H.R. 1650. Fitzpatrick (PA) Lewis (KY) Rogers (KY) Rollcall No. 170: ‘‘Yes.’’ On Passage of H.R. The SPEAKER pro tempore. Is there Flake Linder Rogers (MI) 1544. objection to the request of the gentle- Foley Lipinski Rohrabacher Forbes LoBiondo Ros-Lehtinen woman from California? Ford Lofgren, Zoe Rothman f There was no objection. Fortenberry Lowey Royce Fossella Lucas Ruppersberger f Foxx Lungren, Daniel Rush PERSONAL EXPLANATION Frank (MA) E. Ryan (OH) LEGISLATIVE PROGRAM Franks (AZ) Lynch Ryan (WI) Mr. LARSON of Connecticut. Mr. Speaker, I (Mr. HOYER asked and was given Frelinghuysen Mack Ryun (KS) would like to submit this statement for the permission to address the House for 1 Gallegly Maloney Salazar RECORD and regret that I could not be present Garrett (NJ) Manzullo Sa´ nchez, Linda minute.) Gerlach Marchant T. today, Thursday, May 12, 2005, to vote on Mr. HOYER. Mr. Speaker, I take this Gibbons Markey Sanders rollcall vote Nos. 169 and 170 due to a family time for the purpose of inquiring of the Gilchrest Marshall Saxton medical emergency. Gillmor Matheson Schakowsky Majority Leader the schedule for the Gingrey Matsui Schiff Had I been present, I would have voted: week to come. At this time, I yield to Gohmert McCarthy Schwartz (PA) ‘‘No’’ on rollcall vote No. 169 on an amend- the distinguished Majority Leader, the Gonzalez McCaul (TX) Schwarz (MI) Goode McCollum (MN) Scott (GA) ment to H.R. 1544 to limit the number of gentleman from Texas (Mr. DELAY). Goodlatte McCotter Scott (VA) Urban Area Security Initiative grants during Mr. DELAY. Mr. Speaker, I appre- Gordon McCrery Sensenbrenner any given fiscal year to 50; and ‘‘aye’’ on roll- ciate the gentleman yielding to me. Granger McGovern Serrano call vote No. 170 on passage of H.R. 1544— Mr. Speaker, the House will convene Graves McHenry Sessions Green (WI) McHugh Shadegg Faster & Smarter Funding for First Respond- on Monday at 12:30 p.m. for morning Green, Al McIntyre Shaw ers Act of 2005. hour and 2 p.m. for legislative business.

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A12MY7.030 H12PT1 H3238 CONGRESSIONAL RECORD — HOUSE May 12, 2005 We will consider several measures ment, if possible. So we will hear from soon as practical, given the discussions under suspension of the rules. A final the gentleman from Texas (Mr. SES- that are ongoing. And I appreciate the list of those bills will be sent to the SIONS) shortly on that. Leader’s observations. I thank the Members’ offices by the end of the Prior to Memorial Day, can you tell leader for his information. week. Any votes called on these meas- us, Mr. Leader, what appropriation f ures will be rolled until 6:30 p.m. bills you anticipate coming to the floor On Tuesday and the balance of the prior to that Memorial Day break? ADJOURNMENT TO MONDAY, MAY week, the House will convene at 10 a.m. We are going to have, obviously, 16, 2006 for legislative business. We may con- Homeland Security and Interior next Mr. DELAY. Mr. Speaker, I ask unan- sider additional legislation under sus- week. Do you know which bills you imous consent that when the House ad- pension of the rules, as well as several might be considering? journs today, it adjourn to meet at bills under a rule: The Department of Mr. Speaker, I yield to the gentleman 12:30 p.m. on Monday next for morning Homeland Security Appropriations Act from Texas (Mr. DELAY). hour debate. for Fiscal Year 2006; the Department of Mr. DELAY. Mr. Speaker, I appre- The SPEAKER pro tempore. Is there the Interior Appropriations Act for ciate the gentleman yielding. objection to the request of the gen- Fiscal Year 2006; and H.R. 1817, the As the gentleman knows, serving on tleman from Texas? Homeland Security Authorization Act committee, the committee has a very There was no objection. for Fiscal Year 2006. ambitious schedule, and it hopes to f Mr. Speaker, I yield back to the dis- complete all 11 bills coming out of its tinguished Minority Whip. committee by the Fourth of July re- DISPENSING WITH CALENDAR Mr. HOYER. Mr. Speaker, I thank cess, meaning all 11 bills out of the WEDNESDAY BUSINESS ON the Majority Leader for that informa- House by the Fourth of July recess. So, WEDNESDAY NEXT in addition to managing the two bills tion. With respect, Mr. Leader, to the Mr. DELAY. Mr. Speaker, I ask unan- Homeland Security Authorization bill, on the floor next week, the committee imous consent that the business in can you presently tell us which day of intends to mark up both the Military order under the Calendar Wednesday the week will that be considered? Quality of Life and the Energy and rule be dispensed with on Wednesday Mr. Speaker, I yield to my friend, the Water bills. So we would anticipate, if next. gentleman from Texas (Mr. DELAY). things go well, those two bills being on The SPEAKER pro tempore. Is there Mr. DELAY. Mr. Speaker, I appre- the floor the following week. objection to the request of the gen- ciate the gentleman yielding. While Mr. HOYER. Mr. Speaker, I thank tleman from Texas? things could certainly change as we the Leader. There was no objection. work through what will be a very busy Reclaiming my time. Lastly, Mr. week, we will likely have the two ap- Leader, there has been some discussion f propriations bills sort of bookending about having bipartisan support for the HOUR OF MEETING ON THURSDAY, the week, with the Homeland Security legislation, some of the legislation MAY 19, 2005 authorization bill coming in the middle that is going through this body. We of those two bookends. So I would ex- have had bipartisan support for some of Mr. DELAY. Mr. Speaker, I ask unan- pect that the Homeland Security Ap- those pieces of legislation. imous consent that when the House ad- propriations bill would start as early There is a bipartisan bill, the Castle- journs on Wednesday, May 18, 2005, it as Tuesday morning. Then we would go DeGette bill, on stem cell research. I adjourn to meet at 9 a.m. on Thursday, to the Homeland Security authoriza- know it is a controversial piece of leg- May 19, for the purpose of receiving in tion bill, and when it is finished, we islation, but it does have bipartisan this Chamber former Members of Con- would go to the Department of the In- support and broad support I might say. gress. terior appropriations bill. Can the Leader tell us when the gen- The SPEAKER pro tempore. Is there Mr. HOYER. Mr. Speaker, I thank tleman might contemplate that bill objection to the request of the gen- the Majority Leader. Does the gen- coming to the floor? tleman from Texas? tleman know at this point in time Mr. Speaker, I yield to my friend, the There was no objection. what type of rule, I notice that the gentleman from Texas (Mr. DELAY). f Mr. DELAY. Mr. Speaker, I thank the gentleman from Texas (Mr. SESSIONS) AUTHORIZING THE SPEAKER TO gentleman for yielding. is on the floor, what type of rule the DECLARE A RECESS ON THURS- There is a good chance that the Homeland Security authorization bill DAY, MAY 19, 2005, FOR THE PUR- House will consider changes in the might be considered under? POSE OF RECEIVING FORMER President’s research policies between Mr. Speaker, I yield to my friend, the MEMBERS OF CONGRESS gentleman from Texas (Mr. DELAY). now and the August recess. The form Mr. DELAY. Mr. Speaker, I appre- and timing of this debate has yet to be Mr. DELAY. Mr. Speaker, I ask unan- ciate the gentleman from Maryland determined. There is still a lot of dis- imous consent that it may be in order (Mr. HOYER) yielding. I have not been cussion going on. on Thursday, May 19, for the Speaker advised as to what kind of rule. I think I could inform the gentleman that to declare a recess subject to the call of the gentleman that is sitting here is probably the timing for the floor, the the chair for the purpose of receiving about to make an announcement in best I could tell you is that timing for in this Chamber former Members of that regard. I would assume that it the floor would be sooner than later. Congress. would be handled like most major bills. Mr. HOYER. Mr. Speaker, I appre- The SPEAKER pro tempore. Is there As the gentleman knows, the Home- ciate not necessarily the specifics, but objection to the request of the gen- land Security authorization bill is the at least the assertion that it will be tleman from Texas? first Homeland Security authorization sooner. We believe this is a very impor- There was no objection. bill that this House has considered, and tant piece of legislation. It is. Obvi- f so there is a lot of room for negotia- ously, strong views are held on this tion. issue on both sides of the issue. But it ANNOUNCEMENT BY COMMITTEE Mr. HOYER. Reclaiming my time, is important to an overwhelming ma- ON RULES REGARDING AMEND- Mr. Leader, I appreciate that observa- jority of Americans, one way or the MENTS TO H.R. 1817, DEPART- tion. I agree with the gentleman from other, and I would certainly hope, I MENT OF HOMELAND SECURITY Texas. In light of the fact it is the first know both the gentleman from Dela- AUTHORIZATION ACT FOR FIS- time that we will have considered an ware (Mr. CASTLE) on your side of the CAL YEAR 2006 authorization bill from this committee aisle, the gentlewoman from Colorado (Mr. SESSIONS asked and was given and for this department since its for- (Ms. DEGETTE) on our side of the aisle, permission to address the House for 1 mation as a separate piece of legisla- have both been working very hard on minute.) tion, it would, hopefully, be one that this piece of legislation. We would look Mr. SESSIONS. Mr. Speaker, the would be open to perfection and amend- forward to it coming to the floor as Rules Committee may meet next week

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.066 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3239 to grant a rule which would limit the Kelsey possesses a life-threatening nounced policy of January 4, 2005, and amendment process for floor consider- allergy to peanuts. She is not alone; 4 under a previous order of the House, ation of H.R. 1817, the Department of percent of our population has some the following Members will be recog- Homeland Security Authorization Act form of life threatening allergy, either nized for 5 minutes each. for Fiscal Year 2006. The bill was re- to peanuts, shellfish, insects or other f ported by the Committee on Homeland items. SMART SECURITY Security on May 3, 2005, and it received Kelsey decided to do something about sequential referrals to the committees it and took action. She traveled to Tal- The SPEAKER pro tempore. Under a on Energy and Commerce, Government lahassee, Florida, where she testified previous order of the House, the gentle- Reform, Judiciary, Science, Transpor- before six separate committees of the woman from California (Ms. WOOLSEY) tation and Infrastructure, Ways and Florida legislature. She explained that is recognized for 5 minutes. Means and Intelligence. by allowing her and other school chil- Ms. WOOLSEY. Mr. Speaker, the ink Members should draft their amend- dren to use this Epipen it would help has hardly dried on the latest supple- ments to the text of an amendment in save the lives of 100,000 different school mental spending bill for military oper- the nature of a substitute that is in- children in Florida who also suffer ations in Iraq, but that has not stopped tended to reflect the work of all the from life-threatening allergies. top officials in the Pentagon from She was so effective that the Florida committees of jurisdiction. This starting preparations for the next sup- House and Florida Senate unanimously amendment in the nature of a sub- plemental bill. passed the Kelsey Ryan Act, and it will stitute will be posted on the Web sites It was reported yesterday that the be signed into law by the Governor of of the Rules and Homeland Security Pentagon has begun laying the ground- Florida, Jeb Bush, in a matter of days. work for the next supplemental re- Committees on Friday, May 13, 2005. On behalf of the United States Con- Any Member wishing to offer an quests which may come as early as this gress, I was pleased today to present August. The Pentagon will likely re- amendment should submit 55 copies of Ms. Kelsey Ryan with a Certificate of quest more than $25 billion more, but the amendment and one copy of a brief Special Congressional Recognition, an some in Congress have indicated that explanation of the amendment to the award we humbly give to true Amer- they will ask for as much as $50 billion Committee on Rules in Room H–312 in ican heroes. the Capitol by 10 a.m. on Tuesday, May Mr. Speaker, we are proud of Kelsey more. 17, 2005. in Florida. And today we honor the The Pentagon which receives over Members should use the Office of achievements of an amazing 9-year-old $400 billion annually from the United Legislative Counsel to ensure that lady who has selflessly helped save the States Treasury acts like 25 or 50 bil- their amendments are drafted in the lives of up to 100,000 different school lion is a mere drop in the bucket. Like- most appropriate format and should children in my home State of Florida. wise, when supplemental requests are check with the Office of the Parliamen- We are proud of her in Congress. We are doled out in these smaller, ha-ha small- tarian to be certain their amendments proud of her in Florida. We are proud of er, $50 billion increments, many Mem- comply with the Rules of the House. her back in Celebration. bers of Congress and much of the Na- tion have absolutely no concept of the f f true cost of the war in Iraq, which at APPOINTMENT OF MEMBERS TO ABUSE OF CONGRESSIONAL the moment adds up to over $200 bil- BOARD OF VISITORS TO THE POWER lion. But when you think about the fi- UNITED STATES NAVAL ACAD- (Ms. WOOLSEY asked and was given nancial strain being felt at home like EMY permission to address the House for 1 the fact that we are not fully funding The SPEAKER pro tempore. Pursu- minute.) the No Child Left Behind Act or that ant to 10 U.S.C 6968(a), and the order of Ms. WOOLSEY. Mr. Speaker, it bog- we are not paying for adequate health the House of January 4, 2005, the Chair gles my mind that Republicans con- care for our returning veterans, it does announces the Speaker’s appointment tinue to criticize Democrats for block- not take long to realize that $50 billion of the following Members of the House ing judicial nominations. Their facts more for Iraq takes a toll on the Amer- to the Board of Visitors to the United are deceiving. Their facts are inac- ican people here at home. States Naval Academy: curate, and their actions to force Mr. Speaker, why are we funding a Mr. CUNNINGHAM of California; through extremist judges are just one war, especially one that was entered Mr. WICKER of Mississippi. example of their abuse of power in the into on false pretenses, through re- Congressional Chamber. f peated supplemental spending bills? b 1430 This method of funding underscores APPOINTMENT OF MEMBERS TO both a fundamental lack of planning BOARD OF TRUSTEES OF THE The fact is that 208 judges have been confirmed and 10 have been turned for the war in Iraq, as well as a hostile HARRY S TRUMAN SCHOLARSHIP contempt for the financial strain on FOUNDATION down because of extremist positions. That represents a 95 percent approval the citizens of the United States. The SPEAKER pro tempore. Pursu- rating. These same Members, by the If the President and his administra- ant to 20 U.S.C. 2004(b), and the order of way, blocked 65 of President Bill Clin- tion had a strategy to peacefully re- the House of January 4, 2005, the Chair ton’s nominees. These same Senators solve this war in Iraq, they would sub- announces the Speaker’s appointment would like you to believe that the only mit to Congress a plan, a plan detailing of the following Members of the House way to get the judicial process moving the further U.S. military operations to the Board of Trustees of the Harry S is to eliminate the 200-year-old fili- there. This plan would indicate how Truman Scholarship Foundation: buster rule that grants Senators the long they expect troops to remain in Mr. AKIN of Missouri; ability to speak their minds if they feel Iraq and at what levels and in what ca- Mr. SKELTON of Missouri. an action is not right for the country. pacity, how much the war will cost, f The Republican greed for power is and exactly how they plan to finance this burdensome cost. This plan would HONORING KELSEY RYAN eroding our political system. They should remember that a democracy is define when and how we are planning (Mr. KELLER asked and was given not a one-sided body of government. It to bring our troops home. permission to address the House for 1 is time for my Republican colleagues Anything less than a comprehensive minute.) to respect that basic notion and end strategy is a slap in the face to all the Mr. KELLER. Mr. Speaker, I rise their abuse and their bullying in the hard-working American people in this today to honor Kelsey Ryan, a 9-year Congress. country whose tax dollars are financ- old little girl from Celebration, Flor- ing this misguided mission. Sadly, I f ida, my home district. Kelsey is a true think the real reason the administra- hero to her community and her coun- SPECIAL ORDERS tion has failed to provide such a strat- try. We are honored that she is here The SPEAKER pro tempore (Mr. egy is because they apparently have no with us today. JINDAL). Under the Speaker’s an- plan to end the war in Iraq. Americans

VerDate Aug 04 2004 04:14 May 13, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.068 H12PT1 H3240 CONGRESSIONAL RECORD — HOUSE May 12, 2005 have a right to know where their cial funding for all of the road, bridge, ciency of our business. Hopefully, they money is being spent. For instance, highway mass transit and related work will change their tone down at the why did the Army recently award Kel- of the Federal Government, spending White House and stop threatening to logg, Brown & Root, a subsidiary of our gas taxes which are collected day veto needed investment. Halliburton, with $72 million in bo- in and day out and being underspent by The President’s own Department of nuses for ‘‘the company’s excellent per- this administration, the Senate acted Transportation, the people he politi- formance’’? to increase funding. cally appointed and controls, says this Perhaps the definition of excellence Strangely, this is the one bill, the bill should be $376 billion. And the has changed since I attended school, only place that George Bush in over 5 President says not a penny over 256. because in my day excellence meant years in office has said he is going to Now he has come up a little bit to the working hard and achieving positive veto a bill if it spends more money. House level of 284, but that is not ade- results, not conning the American peo- Now, he will not do that for agriculture quate to meet the needs of the system. ple out of millions, even billions, of subsidies to pay big corporate farms And the Senate wants to spend more of dollars while failing to secure Iraq. not to pay things. He wanted to cut our gas tax dollars on what they were And why have $9 billion in supple- their subsidies, but the Republicans collected for, projects to rebuild and mental funds gone unaccounted for? have refused to do it, and he is not improve the efficiency of the Nation’s How does $9 billion just vanish? Given threatening to veto that bill. infrastructure. the administration’s poor track record He is not threatening to veto bills So I take this as a very positive for spending American taxpayers’ that are doing wasteful things like the move. Hopefully, the Republican lead- money, why does our Congress contin- Star Wars Project in Alaska that does ership can move with dispatch to have ually fail to demand accountability for not work, has not met a single param- a conference committee and get a bill how the supplemental funds are being eter of its goal. He cannot threaten ve- done by May 31. That is when the fifth spent? toes there. But when it is spending our extension of the long-expired highway Mr. Speaker, there must be a better gas tax money, this is the only bill bill expires. Because if we do not, hun- way than this, because the current sys- where we are in the borrowing money. dreds of projects across America will tem is broken. That is why I have de- We are borrowing $1.3 million a minute not get built this summer, those jobs veloped a SMART Security platform to run the Federal Government under will not be created, those bottlenecks for the 21st century. SMART is a Sen- the Bush budget, but we do not have to will not be solved, those bridges will sible Multi-lateral American Response borrow money to have a robust high- not be repaired, the traveling public to Terrorism. SMART will help rein- way bill. We just need to spend the will be impaired. vigorate America’s foreign policy by taxes we are all paying every time we The White House will be happy with focusing our spending priorities on con- tank up our car or truck. that because then they get to take flict prevention, international diplo- This is money that will put people to more money, divert it from the gas tax, macy, and multi-lateralism. work. This is money that will maintain and spend it on more tax cuts for rich Instead of Congress’s current open and improve our crumbling infrastruc- people. But I do not think the rest of check book policy we have for Iraq, ture. It will help mitigate congestion, America will be amused by that. So I SMART Security wisely invests U.S. people sitting in traffic, idling, wasting am hoping the American public will de- dollars in development funding. It in- gas, wasting their time. It could better mand that Congress act quickly to re- vests in peacekeeping and reconstruc- fund mass transit, alternate transpor- solve the differences between the House tion, adequately funding these impor- tation, all these things; but somehow and the Senate and get a bill now 18 tant programs because then that will the President has drawn the line in the months overdue to the President’s go a long way towards ensuring long- sand. desk. And if he chooses to veto it, then term peace and stability in troubled He said last year, not a penny over pressure the Congress to override that countries and troubled regions. $256 billion. He wants to underspend ill-intentioned veto. If we had invested in SMART Secu- the trust fund so he can borrow that Let him veto something wasteful. rity in the first place, we would not money to pay for tax cuts for rich peo- Let him veto something that we are have become embroiled in a war that ple. Plain and simple. That is what he borrowing money to pay for, but do not has cost the lives of more than 1,600 wants to do with our gas tax money. veto a paid-for highway bill with vital American soldiers and at least 24,000 We pay money at the pump to im- investment in America’s transpor- Iraqi civilians. This shameful war has prove our roads, bridges, and highways. tation future. also permanently injured over 25,000 We have to pay it right there at the American soldiers whose lives will be pump. He wants to underspend that f changed forever. We must focus Amer- trust fund, and then he wants to take The SPEAKER pro tempore. Under a ica’s efforts on a smarter strategy for and divert that money over here to previous order of the House, the gentle- our national security instead of con- give rich people tax cuts. Now, is that woman from Florida (Ms. ROS- tinuing our shameful policy of preemp- a better way to stimulate the economy LEHTINEN) is recognized for 5 minutes. tive military combat. of the United States, to improve the (Ms. ROS-LEHTINEN addressed the business climate, to help the traveling House. Her remarks will appear here- f public? after in the Extensions of Remarks.) The SPEAKER pro tempore. Under a I do not think so. It might help them previous order of the House, the gen- pay for their corporate jets, but it is f tleman from Minnesota (Mr. GUT- not going to help the rest of us who are The SPEAKER pro tempore. Under a KNECHT) is recognized for 5 minutes. down there mired in traffic. previous order of the House, the gen- (Mr. GUTKNECHT addressed the So the Senate voted yesterday 76 to tleman from California (Mr. SCHIFF) is House. His remarks will appear here- 22 to increase funding substantially recognized for 5 minutes. after in the Extensions of Remarks.) above the levels the President says he (Mr. SCHIFF addressed the House. f will veto. Well, an override of a veto is His remarks will appear hereafter in 66 votes in the United States Senate. the Extensions of Remarks.) VETOING AMERICA’S Maybe this will send a message that we TRANSPORTATION FUTURE have been trying to send to the White f The SPEAKER pro tempore. Under a House for 2 years. The SPEAKER pro tempore. Under a previous order of the House, the gen- There is a huge bipartisan coalition, previous order of the House, the gen- tleman from Oregon (Mr. DEFAZIO) is Republican and Democrat in the House tleman from Indiana (Mr. BURTON) is recognized for 5 minutes. and the Senate, who want to invest in recognized for 5 minutes. Mr. DEFAZIO. Mr. Speaker, yester- our roads, bridges, highways, mass (Mr. BURTON of Indiana addressed day, finally, blatantly, 181⁄2 months transit, alternative transportation, put the House. His remarks will appear after the expiration of the Surface Americans to work, help Americans get hereafter in the Extensions of Re- Transportation Act which provides cru- to work, and help improve the effi- marks.)

VerDate Aug 04 2004 04:14 May 13, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.070 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3241 The SPEAKER pro tempore. Under a lades earned by the South Texas ISD the trust made between the govern- previous order of the House, the gen- school district. ment and the American people. tleman from New Jersey (Mr. PALLONE) My involvement in establishing the The President wants the American is recognized for 5 minutes. magnet high school system for the people to accept his word that (Mr. PALLONE addressed the House. South Texas ISD is one of my proudest privatizing Social Security is in the His remarks will appear hereafter in achievements. Over 20 years ago, as a best interests of Main Street and not the Extensions of Remarks.) member of the Texas State Board of Wall Street. The President, amid much bravado, f Education, I led a delegation from south Texas to Houston to visit that said his plan is on the table and his The SPEAKER pro tempore. Under a city’s highly regarded magnet schools. plan stays on the table, take it or take previous order of the House, the gen- We knew that we wanted that caliber it. Since the President will not take tleman from Georgia (Mr. PRICE) is rec- of opportunity for our students. How- private insecurity off the table, let us ognized for 5 minutes. ever, we were told that such a program look at what else the President put on (Mr. PRICE of Georgia addressed the could not work in south Texas. We the table with his plan. House. His remarks will appear here- were told that we did not have the fi- It is the only guaranteed outcome of after in the Extensions of Remarks.) nancial resources and that we could the President’s plan: senior citizens re- f not find the students, but we did not tiring into poverty. We need only look back in history and revisit the dark CONGRATULATING THE MATH AND believe the nay-sayers. We knew it and stark reality of our own past. SCIENCE ACADEMY OF SOUTH could be done. Americans by the thousands retired TEXAS INDEPENDENT SCHOOL Today, the Math and Science Acad- into poverty before Social Security was DISTRICT emy, with a student population that is almost 80 percent Hispanic and over 50 created by President Franklin Roo- The SPEAKER pro tempore. Under a percent eligible for free or reduced sevelt. They retired into poverty be- previous order of the House, the gen- price lunch, is among the most elite cause there was no way to protect tleman from Texas (Mr. HINOJOSA) is high schools in the Nation. Every day them. There was no security, and that recognized for 5 minutes. it brings us closer to realizing the vast is exactly what the President wants Mr. HINOJOSA. Mr. Speaker, I rise potential of our community. It shows again. to urge my colleagues to join me today us what is possible when we invest in The President says he does not read in congratulating the staff, the admin- our children and demand the very best. newspapers. How about American his- istration, students and families of the I ask all my colleagues to join me in tory? Can someone in the White House Math and Science Academy of South congratulating the Math and Science please get him an American history Texas Independent School District in Academy of south Texas on a job well book? my hometown of Mercedes, Texas, on done. It did not work. He ought to know being named one of Newsweek maga- The SPEAKER pro tempore (Mr. that. Americans who have worked a zine’s Best High Schools in America for JINDAL). Under a previous order of the lifetime were forced to live in poverty 2005. House, the gentleman from North Caro- because there was no Social Security. Our academy ranked 40th out of 100 lina (Mr. MCHENRY) is recognized for 5 Millions of seniors did not have the U.S. high schools. A quality, com- minutes. money for food, clothing or shelter. prehensive and challenging education (Mr. MCHENRY addressed the House. You want to revisit America in 1932? is the most valuable gift we can give to His remarks will appear hereafter in My mother still is alive, thank God, our children. For the second time in 2 the Extensions of Remarks.) and she would be the first to tell you years, the Math and Science Academy that 1932 was not good. It was economi- of South Texas has received this pres- f cally and humanitarianly a disaster for tigious recognition, and it solidifies The SPEAKER pro tempore. Under a America. Millions could not afford to the school’s standing as a model of ex- previous order of the House, the gen- eat. Millions had no home to call their cellence and as an exemplary institu- tleman from North Carolina (Mr. own. Americans did not have a lifeline, tion. The teachers and administrators JONES) is recognized for 5 minutes. much less a safety net. It was a dark are truly committed to educating and (Mr. JONES of North Carolina ad- and horrifying period of American his- encouraging our future leaders. dressed the House. His remarks will ap- tory. As the country continues to move pear hereafter in the Extensions of Re- Why in the world does the President forward into the 21st century, the need marks.) continue ignoring history? He proposes for mathematicians, scientists, engi- f a plan; no, the President demands a neers, and the leaders of tomorrow con- private insecurity social system. He tinues to be of the utmost importance. THE SOCIAL INSECURITY SYSTEM says he will listen to any idea as long The SPEAKER pro tempore. Under a as it is his. b 1445 previous order of the House, the gen- So, today, the President’s water is A high school diploma is the first tleman from Washington (Mr. carried by the distinguished but mis- step to becoming a successful contrib- MCDERMOTT) is recognized for 5 min- informed chairman of the Committee utor to our society. utes. on Ways and Means. I said it before and The program of study at the academy Mr. MCDERMOTT. Mr. Speaker, yes- I say it again: The President’s plan for ensures that students succeed and, terday in the interest of protecting a private insecurity social system is more importantly, lays the foundation Members of Congress, journalists and dead as disco. Nobody goes to discos for students to learn the fundamentals the general public, officers of the Cap- anymore. It does not work. It does not that will lead to successful lives and itol Police advised everyone to run for even have those fancy twirling disco careers. It is truly an exceptional insti- their lives, and we did. lights on the dance floor. The Presi- tution. Today, I wish that a Capitol Police dent’s plan does not offer real benefits. Last fall, I joined the South Texas officer would have been on hand at the It offers real cuts. ISD community to celebrate the dis- Committee on Ways and Means hearing The President’s plan reflects America trict’s 40th anniversary. I would like to to shout the same warning. in 1932, a place with little security and congratulate superintendent Marla Run for your lives is the very best a lot of greed, a place at a time when Guerra, as well as the members of the nonpartisan advice that anyone can Americans suffered and lost hope until school board of trustees, the faculty, give the American people over the a great leader renewed a trust with the the students, parents and alumni on 40 President’s plan to create a private in- American people. years of achievement. This school dis- security social system. A President, in the worst of times, trict demonstrates a regional commit- The President wants the American created Social Security to provide ment to excellence. The recognition people to cut Social Security benefits. every retired American with economic that the Math and Science Academy His proposal would devastate the pro- security, guaranteed, something this has received is just one of many acco- gram, break the promise and destroy President wants to destroy.

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.076 H12PT1 H3242 CONGRESSIONAL RECORD — HOUSE May 12, 2005 President Roosevelt created a pro- district in New Jersey for 40 years with b 1500 gram that is not Republican or Demo- great integrity, humility, fairness, dig- VOLUNTARY OSHA EFFORTS crat. It is not east or west. It is not nity and honor. north or south. He envisioned the Na- Originally known for making Colum- The SPEAKER pro tempore (Mr. tion strong because it defended the bus Day a national holiday, Chairman JINDAL). Under a previous order of the weak, stalwart because it valued its Peter Rodino spent his whole life fight- House, the gentleman from Georgia people, mighty because it was humble ing for people’s rights, and I recall per- (Mr. NORWOOD) is recognized for 5 min- enough to care for the sick and the sonally his strong commitment to utes. aged. No one was left behind by Presi- human rights, his unwavering support Mr. NORWOOD. Mr. Speaker, it is in- dent Roosevelt. for the Civil Rights Act of 1964, the teresting that today we heard some This President will leave tens of mil- Voting Rights Act of 1965, and the Vot- very important testimony on work- lions behind in a risky scheme that re- ing Rights Extension Act of 1982. He in- place safety during a hearing we had in wards the greed of Wall Street while it troduced many of these bills and shep- the Subcommittee on Workplace Pro- destroys the values of Main Street. herded them through Congress as tections. We wanted to hear from safe- Americans will not be better off with chairman of the Judiciary Committee ty advocates in the small business the President’s private insecurity so- of the House of Representatives. community on how well voluntary em- cial system. Americans will be as vul- He was also responsible for the ployer compliance programs are work- nerable again as they were at the dark- enaction of the Hart-Scott-Rodino Act ing to improve workplace safety while est economic moment in our history. It which reviewed determinations of at the same time protecting jobs and will be back in the arms of Wall Street. mergers of huge corporations in Amer- small businesses from unnecessary red The President offers no plan and no ica, and he was instrumental in reform- tape and lawsuits. choice. The President offers only a ing immigration laws in both the I have heard employers say many stark reality: Slash the benefits right Simpson-Rodino legislation and the times, and know from my own first- now, and he put it right out there a Kennedy-Rodino legislation, both of hand knowledge, that OSHA regula- couple of days ago in his news con- which improved mechanisms for people tions are simply too complex and too ference; and also cut your bond with in the country illegally to legalize difficult to understand. It is a red-tape the American people; cut the ties that their immigration status. nightmare, Mr. Speaker. That is a good bind us together; destroy the trust and In 1973, Mr. Rodino replaced the leg- description for the piles of OSHA rules, certainty that senior citizens will not endary Emanuel Celler as the chairman regulations, guidance documents, and retire into poverty because we will not of the Committee on the Judiciary. I interpretive letters that employers let them. They cannot, if Mr. Bush has was then a member of the committee, must dig through to try to determine his way. and he impressed all of us with his de- the right thing to do in the business There is only one course open to the termination to do the right thing and place to come into compliance. Mr. Congress and the American people. If his considerate treatment of all com- Speaker, I do not think they ought to the President will not remove the pri- mittee members. He displayed this be spending their time bringing their vate insecurity social system from the common touch in his ability to relate workplace into compliance with OSHA table, then the American people should to citizens of every background and red tape. They ought to, instead, be remove the table. Throw it away before from all walks of life. spending their time making their somebody gets hurt. Remove it from Of course, Peter Rodino has earned workplace safer. America’s house because it does not be- his record in history for his role as Small businesses want to comply long there. chairman of the House Committee on with our Nation’s health and safety We are a Nation of people who want the Judiciary, presiding over the Wa- laws for many reasons, one of which is our children and grandchildren to have tergate hearings which led to the im- it simply pays for them to do so. From an opportunity for more than we had. peachment of then President Richard the testimony we heard today, it is evi- We will be the first generation to ex- Millhouse Nixon. History has recorded dent that OSHA’s past ‘‘gotcha’’ en- pect our children to have less because the debt all Americans owe him for forcement scheme of fines and lawsuits we planned it that way. presiding firmly, responsibly and fairly is actually leading to a less safe work- The President wants to create a Na- over these hearings and subsequent place, as small business owners are tion of people wanting for the basics of proceedings. forced to hunker down to protect them- food, clothing and shelter. We lived Many people were very alarmed at selves instead of seeking out help to through that once. We do not need to what the impeachment of a President improving their workplace safety. live through it again. would mean, and they wondered aloud Fortunately, OSHA has already rec- FDR was right in 1935, and he is right in our public media whether this coun- ognized the need for compliance assist- in 2005. try could survive an impeachment. He ance, and Secretary Chao is to be com- handled this very sensitive matter, and mended for her vision and leadership in f it turned Chairman Peter Rodino into this regard. Now we are actually start- The SPEAKER pro tempore. Under a a national hero. It was his calm steer- ing to see the results of her efforts over previous order of the House, the gen- ing of the committee to a final conclu- the last 5 years, and those results are tleman from Pennsylvania (Mr. DENT) sion that ultimately preserved, with- positive and encouraging. is recognized for 5 minutes. out any disruption, the constitutional The Government Accountability Of- (Mr. DENT addressed the House. His system of the United States, which has fice, fondly known as GAO, has found remarks will appear hereafter in the been emulated throughout the world. that the companies involved in vol- Extensions of Remarks.) After he retired from Congress in untary OSHA compliance programs f 1990, he returned to New Jersey as a have contributed to the safest work- professor of law at Seton Hall Law force in our Nation’s modern history. HONORING THE LIFE AND ACCOM- School in Newark, New Jersey, and he GAO asked for more data from Con- PLISHMENTS OF THE LATE was active up until even last year. gress on how well these programs are PETER RODINO When I visited him there, he was still working, and we need to provide that The SPEAKER pro tempore. Under a going strong. just as soon as possible. previous order of the House, the gen- I would like to close by announcing But one overall fact we already know tleman from Michigan (Mr. CONYERS) is that his memorial service will be held is that encouraging OSHA to help busi- recognized for 5 minutes. in Newark on this coming Monday, and nesses instead of prosecuting them is Mr. CONYERS. Mr. Speaker, I take we want to invite as many of his having far better results in creating this time to honor and commemorate friends in and out of the Congress who safer workplaces, and this is especially the life and the accomplishments of remember his great work to join us at true with small businesses. We can con- our former colleague Congressman 11 a.m. at the Catholic church of which tinue this process with some powerful Peter Rodino, elected to the House of he was closely connected for his memo- force multipliers with OSHA, through Representatives in 1949, who served his rial service. voluntary employer efforts to work

VerDate Aug 04 2004 04:14 May 13, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.082 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3243 with private consultants and industrial U.N. mission in the Congo, the U.N. is in Congress. They are glad to have a safety specialists to foster a safer in serious need of reform. voice. workplace. I think we can all agree that the That voice. The voice. The voice OSHA will never have the resources most urgent threat to international back. The voice who spoke out and to visit every American work site to peace and security today is terrorism, asked the questions about waste and ensure compliance, but this exciting yet the U.N. cannot even agree upon a abuse at the Pentagon. The fact that new compliance tool can ensure that definition for terrorism. Perhaps this is our Secretary of Defense would come workplaces that would never see a visit because its membership consists of sev- to the House Committee on Armed from an OSHA inspector will have ac- eral terror-sponsoring states. The U.N. Services, on which I served, and admit cess to world-class safety specialists. counts the world’s leading human the loss of $2.3 trillion and say in the At the same time, our business owners rights violators and repressive govern- same breath that our country can af- should be encouraged to invite OSHA ments among its membership, and even ford it; and the massive amounts of to their work site and engage the agen- taps many of them to be in leadership money that we send to the Pentagon cy in compliance assistance without positions on its subcommittees. I find today without even questioning how it fear of reprisal from Federal bureau- this completely outrageous and dan- has been spent; that we can afford it; crats. In the process, we can continue gerously ironic. or that we are getting the appropriate to maintain the safest workplace in the Last time I checked, the U.N. charter bang for our taxpayer bucks. world where our businesses can con- states that it is supposed to ‘‘maintain I questioned the no-bid sweetheart tinue to compete in a global economy. international peace and security; to deals with favored insider corporations, There are still the last holdouts from promote equal rights and self-deter- like the Carlisle Group and Halli- the failed ways of the past who would mination of peoples without distinc- burton. I did not understand how our like to see Federal bureaucrats spread tion as to race, sex, language, or reli- sitting Vice President could still be out across the country to harass and gion; to help solve problems of an eco- drawing a paycheck from the Halli- punish people who are trying to make nomic, social, cultural, or humani- burton Company and, at the same a living. In order to do that, we would tarian character; to encourage social time, serve the interests of the Amer- have to have 108,000 new inspectors at progress and better standards of life in ican people. OSHA, and even then they could only larger freedom.’’ I asked why weapon systems, un- visit our businesses every 2 years. That The U.N. needs reform and Mr. wanted by the Pentagon, still found will never happen, and it is not going Bolton is the right man to voice our their way into the President’s defense to work. encouragement for these reforms. Mr. request. I wondered why our soldiers Mr. Speaker, we are on the verge of Bolton has a proven track record in were being required to take anthrax winning a great victory for workplace working with the United Nations in the and smallpox vaccines that had not safety by expanding voluntary compli- past. In conjunction with efforts by even been cleared by the FDA. I was ance programs. Let us resolve to defeat Secretary James Baker to resolve con- amazed to learn that the administrator the naysayers. If we succeed, we can flict in the Western Sahara, he actu- of the vaccines program was DynePort, create a 21st-century OSHA that will ally worked for the U.N. pro bono be- a subsidiary of a company whose em- be far more effective in creating a safe tween 1997 and 2000. While serving as ployees had been found guilty of traf- workplace for every American worker, Assistant Secretary of State for Inter- ficking in young women, raping young no matter how small or remote their national Organizations from 1989 to girls, and holding women of all ages as place of business. We can continue 1993, he worked on other key diplo- sex slaves. teaching Federal bureaucrats a lesson matic initiatives and U.N. reforms, in- I asked questions about how the in manners when dealing with their fel- cluding the repayment of arrearages in United States could entirely change its low citizens, and, in fact, their employ- U.N. assessments that had been created military doctrine to one of preemption ers. during the 1980s. He has worked tire- and there not be a discussion about the f lessly in various capacities to help ramifications of that with the Amer- combat the spread of dangerous weap- ican people. BOLTON FOR U.N. AMBASSADOR ons of mass destruction through his All that happened was that the Sec- The SPEAKER pro tempore. Under a lengthy and distinguished career. retary of Defense came before the Com- previous order of the House, the gentle- Mr. Bolton has served this Nation mittee on Armed Services and said woman from North Carolina (Ms. FOXX) well. There is no doubt in my mind that the new U.S. posture was going to is recognized for 5 minutes. that he will serve our great Nation be to seize foreign capitals and occupy Ms. FOXX. Mr. Speaker, I rise today with distinction and will be a strong them. Of course, this was long before in support of John Bolton’s nomination voice for reform at a time when the anyone in the public was aware that we as our ambassador to the United Na- United Nations desperately needs it. I would soon be sending our young men tions. applaud his nomination and encourage and women off to a war to do just that. Although I am not able to vote on his his approval by the Senate to serve our I was appalled at the acceptance with- nomination, since I am not a Member great Nation. Let Mr. Bolton be our out question of what was clearly a de- of the United States Senate, I encour- voice to the U.N. that these reforms viation from then current policy, but age my colleagues in the Senate to sup- must be made. what was seemingly also more than port his nomination. I am pleased that f just a theoretical forward projection of the Senate Committee on Foreign Re- our military might. What Rumsfeld lations has agreed today to put his THE VOICE OF GEORGIA’S FOURTH CONGRESSIONAL DISTRICT IS enunciated back then was exactly what nomination before the full Senate for we are doing now. an up-or-down vote. BACK Mr. Speaker, the United Nations is in The SPEAKER pro tempore. Under b 1515 serious need of reform. From enforcing the Speaker’s announced policy of Jan- I publicly questioned how such a fun- the resolutions the United Nations and uary 4, 2005, the gentlewoman from damental shift could be sanctioned its member countries have adopted Georgia (Ms. MCKINNEY) is recognized without the least bit of controversy. I over the years, to its misuse of funds for 60 minutes as the designee of the questioned why private militaries, for many programs across the world, minority leader. some would say mercenary outfits the U.N. is in serious need of reform. Ms. MCKINNEY. Mr. Speaker, it has while others would say U.S. intel- Mr. Speaker, the United Nations is rife been a long time since I have taken the ligence front companies, like DynCorp with fraud, mismanagement, and abuse well of the House of Representatives. were being given contracts that seems in many areas of its operations. From Today, the people of Georgia’s 4th Con- to me to allow escape of congressional the U.N. Oil-for-Food program, to its gressional District are happy that I am oversight. DynCorp was spraying lack of action with respect to the geno- back. I have received notes, calls, let- chemicals on plants and people in Co- cide in Darfur, Sudan, to the horren- ters and visits from people all over lombia and had a presence in Peru, dous human rights abuses during the America who are glad to see me back Qatar, Haiti, Afghanistan and now

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.085 H12PT1 H3244 CONGRESSIONAL RECORD — HOUSE May 12, 2005 Iraq. I wondered what would happen stopped at the red light, we managed to welfare and health of children, crime, when Americans employed by these catch up. The fact that we did not give law enforcement and justice and trans- companies are hurt or killed or are up gave us the opportunity to catch the portation. The gap between high- and caught carrying out a mission not ap- bus. I thought there was a good lesson low-income households in the region proved by the Congress or was un- in that for the little boy. increased 11 percent between 1999 and known by the Congress. I guess you And then I started to bang on the 2000, the first rise in 7 years. could say I just had too many ques- bus. I banged on the bus from the rear Under health, in Illinois, Latinos had tions. And, sadly, I did not like the an- all the way up to the front passenger the highest rate of non-elderly unin- swers I was finding as I did my re- door. I pointed to the little boy who sured, 29 percent; followed by blacks at search. was just a few steps behind me, and I 24 percent; Asian, Pacific Islander/Na- Over 3 years ago, I asked questions yelled, ‘‘Please open the door. Let this tive Americans at 17 percent. For the about the appearance of war profit- little boy onto the bus.’’ The driver white population, the rate is 10 per- eering just after our President declared looked at me. She looked at the little cent. For crime, law enforcement and the war on terror, and I called for an boy. She shook her head, and she drove justice, African-Americans are less investigation into the tragic events of off. likely to use drugs than whites or September 11. Now, I am pleased that The little boy was crushed. Tears Latinos. Let me repeat that: African- important legislation to look into war welled in his eyes. He wanted to get to Americans are less likely to use drugs profiteering has been introduced and school. That bus represented the door than whites or Latinos. There is, how- voted on in this House. And today, we of opportunity. He had done all he ever, a gap between the number of Afri- voted on legislation suggested by the 9/ could to reach that door. He ran. He can-Americans who are convicted of 11 Commission which was convened to told himself he could make it. He made drug possession or drug delivery and investigate the tragic events of Sep- it. That, in and of itself, was a victory, sentenced to prison and the number of tember 11 just as I had called for. Ev- but it still was not enough to get the whites and Latinos who are convicted eryone in this body and most who are little boy on the bus and on his way to of the same crime who get probation. watching know what happened to me school. The door of opportunity for Another study was conducted by the for asking these questions and demand- that little boy was closed when the bus New York Times. In that survey, they ing accountability. I was kicked out of pulled off. It left that little boy behind. found that nearly 50 percent of all Afri- Congress, and for 2 years, I had the op- And so what I would like to address can-American men living in New York portunity to travel around our country today are the closed doors of oppor- City were unemployed. Nearly 50 per- and to other countries and tell my tunity that leave too many Americans cent of African-American men between story to people who were hungry to behind. That little boy’s name was the ages of 16 and 64 were unemployed, know more about America’s war on Martin. That is important, because be- a crisis, an emergency. African-Amer- terror and about September 11. During hind the statistics that we tout on this ican unemployment remains high. It is those 2 years, I met some wonderful pa- floor every day over and over again are significantly higher than the national triots who want only the best for our real people whose lives are affected by average. The nonpartisan Congres- country and its people and who wish what we do and the decisions we make. sional Budget Office recently reported for peace with justice for other people Mr. Speaker, the policies of this Con- African-Americans have lost up to 88 around the world. And that is why we gress and this administration and the percent of their earning potential since have been inundated with letters and decisions of the court are leaving too President Bush assumed office in Janu- calls and e-mails and faxes and visits many Americans behind. Our goal ary 2001. I think I need to repeat that from people all over the country wel- ought to be to open the doors of oppor- one: The nonpartisan Congressional coming me back to Congress. And so I tunity for all Americans, so that no Budget Office recently reported Afri- am glad to be here and rejoin my col- one is left behind. But, sadly, the sta- can-Americans have lost up to 88 per- leagues in the competition of ideas on tistics tell us conclusively that the cent of their earning potential since how we can make our country even doors of opportunity are as closed for President Bush assumed office in Janu- better. certain Americans as they were for lit- ary 2001. This afternoon I would like to start tle Martin this morning. Another study: Blacks lose better by recounting an experience that hap- Today, I would like to explore some jobs faster as middle-class work drops. pened to me this morning. This morn- of those statistics and suggest that we Unemployment among blacks is rising ing, I was doing my customary walk to fail to do our jobs if we do not enact at a faster pace than at any time since work to enjoy these wonderful Wash- policies that turn these numbers the mid-1970s, and jobs lost are mostly ington, D.C., mornings. And about mid- around. I will be quoting from Hull in manufacturing where pay for blacks way through my walk, I heard a little House, the New York Times, United for has historically been higher than in boy yelling at me. He was asking me to a Fair Economy, and the National any other fields. Nearly 2.6 million jobs stop the bus for him as he was running Urban League. Hull House is an organi- have disappeared in the past 28 months, to catch the bus for school. Usually I zation in Chicago. They did a study on nearly 90 percent in manufacturing. am loaded down with lots of bags, but the disparities between blacks and Jobless blacks are continuing to look this morning, thank goodness, I did not whites living in Chicago, and what for work, but the types of jobs lost have a heavy load. And so I kicked into they found was that in economic and have diminished their standing in the high gear, and I ran so I could catch social indices, it would take 200 years middle class. that bus for that little boy. I caught for those gaps in the quality of life en- I have a report which is the status of the tail end of the bus, and I banged on joyed by black Chicagoans and white health in DeKalb County, which is in the back of the bus to get it to stop and Chicagoans to close. Here is what they my district of the Fourth Congres- let the little boy on, but the bus pulled said: Fourteen years ago, a report was sional District. Now, folks in the off without acknowledging any of my released examining human relations in Fourth Congressional District like to bangs. I turned to the little boy, and I Chicago that told us that racism was tout that our district of African-Amer- told him, ‘‘Don’t give up. Let’s run, alive and well. Over the years, we have ican communities is the first or second we’ll catch that bus together.’’ So we seen racial disparity impacted by a most affluent African-American com- both got into high gear, and we ran and growing economic gap that has left munity in the entire United States. we ran and we ran and we ran. And many behind. The information in this Yet that affluent African-American soon I saw that the bus had stopped. So report will help us create more effec- community, first or second in the I told the little boy, ‘‘Don’t give up, we tive, sustainable solutions by allowing United States, has a result thus in in- can make it. We’ve just got to keep on us to deal with systemic barriers. It is fant mortality: In 2001, Georgia had the running.’’ The little boy did not give critical that we establish a floor under ninth highest infant mortality rate in up. He kept running. The little boy’s which no Chicagoan will fall. the United States with a rate of 8.6 determination to make it to that bus Where are these gaps in Chicago? deaths per 1,000 live births. Infant mor- was evident. The little boy wanted to They are in income, wealth and em- tality rates in DeKalb County have get to school. While the bus was ployment, education, health, housing, been increasing slightly from 9.9 deaths

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.088 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3245 per 1,000 live births in 1994 to 10.5 in I know that I am not willing to wait and the suffering that brought the Vot- 2002. From 1994 to 2002, there was an av- 581 years. I am not willing to wait 1,664 ing Rights Act to signature in 1965, erage of 12 black infant deaths per 1,000 years, and I think the American people after the American people had the op- live births and 4.7 white infant deaths ought not be willing to tolerate these portunity to see Bloody Sunday when per 1,000 live births. That is the sta- kinds of inequalities. African Americans in Alabama were tistic for the first or second most afflu- The National Urban League produces trying to cross the Edmund Pettus ent African-American community in an annual report called the ‘‘State of Bridge just so that they could get the the country. Black America,’’ and they have just re- right to vote? How could any provision Let us look at some information that cently produced the 2005 edition of the of the Voting Rights Act ever expire? has been provided to us by United for a ‘‘State of Black America.’’ Their head- The National Urban League also rec- Fair Economy. line: ‘‘Even as U.S. Economy Gets Bet- ommends that we raise the minimum ter, Jobs and Wealth Gap Gets Larger wage, and they suggest that we close b 1530 on the ‘Equality Index.’’’ They say to the homeownership gap; 1,664 years is United for a Fair Economy produces us: ‘‘Equality between blacks and intolerable. And as the President touts a report every year called the ‘‘State of whites in urban America is not improv- homeownership and how homeowner- the Dream Report.’’ In their 2004 ing, and changes in national policies ship is an integral part of his owner- ‘‘State of the Dream Report,’’ they dis- and priorities must be made to help, ship society that he wants to create, cuss racial disparities in poverty. The according to a report released by the 1,664 years to close that gap is intoler- black poverty rate was three times National Urban League, entitled ‘The able. Expanding job training, strength- greater than the white poverty rate in State of Black America, 2005, Prescrip- ening the Community Development 2002. At the slow rate that the black/ tions for Change.’’’ Block Grant program, and to double white poverty gap has been narrowing The overall equality index shows the size of the New Markets Tax Credit since 1968, it will take 150 years to that black status remains at 73 per- program, these are just some of the close the gap. cent, but the numbers inside the index recommendations that are put forward Let us look at imprisonment. They tell a troubling story in terms of unem- by the National Urban League. start out with a quote from Dr. King. ployment, income, and wealth. Marc In the United Kingdom, it is inter- He says: ‘‘So I must return to the val- Morial, the President and CEO of the esting to note that a psychiatrist was ley, a valley filled with millions of peo- National Urban League, says: ‘‘Our Na- able to publish in the ‘‘British Medical ple who, because of economic depriva- tion must wake up. The growing Journal’’ that racism is harmful to tion and social isolation, have lost wealth gap in this country is not just one’s health, is harmful to one’s men- hope and seen life as a long and deso- leaving behind Black America. It’s tal health; racism is harmful to health. late corridor with no exit sign. I must leaving behind the middle class, urban He notes that a group of Harvard Uni- return to the valley all over the South America, rural America, and Hispanic versity researchers documented that a and in the big cities of the North, a America too. When one community in mere 1 percent increase in incidences valley filled with millions of our white America suffers, our entire economy of racial disrespect, the kind of stuff and Negro brothers who are smoldering suffers. That is why we are recom- like following black people in a store, in an airtight cage of poverty in the mending specific changes in our na- for which there have been many law- midst of an affluent society.’’ tional priorities and policies.’’ suits in stores; or having African African Americans on imprisonment In economics the National Urban Americans go to restaurants and not are about six times as likely as whites League finds that this is still the larg- being served, for which there have been to have been imprisoned at some point est divide. Black economic status many lawsuits; or for discrimination at in their lives. This gap between black measures 57 percent of white counter- the workplace in big corporations that and white men is growing. One out of parts, an equality gap 20 percent wider get tax breaks here, for which many three black males born in 2001 will be than any other category. Black unem- lawsuits have been filed, the result of a imprisoned at some point in their life- ployment remains stagnant at 10.8 per- mere 1 percent increase of racial dis- time if current trends continue. That is cent while white unemployment respect translates to an increase in 350 up from one out of 11 in 1974. dropped to 4.7 percent, making black deaths per 100,000 African Americans. By comparison, 5.9 percent of white unemployment more than twice that of So not only is racism harmful to one’s males born in 2001, 5.6 percent of black whites. mental health; it is harmful to the fab- females, and nine-tenths of 1 percent of Under health, black health status is ric of our country. It is harmful to the white females have a lifetime chance of 76 percent of whites. Under education very lives of the people who are im- imprisonment. black education status is 77 percent of pacted by it. What about child poverty? Almost a whites. Under social justice, when This is now the budget season in the third of black children live in poverty, measuring sentence enforcement and United States Congress. We are delib- 32.1 percent in 2002. The child poverty victimization, black versus white erating on the budget, which are the gap would take 210 years to disappear, equality under law is 68 percent of priorities of our country; and pretty not reaching parity until 2212. whites, 5 percent less than 2004, the soon we will be receiving reports from Income, for every dollar of white in- worst decline overall. We went back- the Committee on Appropriations on come, African Americans had 55 cents wards on the measure for social justice. how those priorities are going to be in 1968. That is the year Dr. King was Blacks are three times more likely to translated into real dollars for the murdered. In 2001 African Americans become prisoners once arrested and a American people. One could say that had 57 cents for every dollar of white black person’s average jail sentence is the budget is the most important piece income. It has taken more than 3 dec- 6 months longer than a white’s for the of legislation passed by any legislative ades for blacks to close the gap by two same crime. body and certainly is very important cents. At this pace it would take 581 What can be done? The National because it sets the policies and prior- years for blacks to gain the other 43 Urban League offers us some specific ities for our country. cents, which would bring them to par- recommendations, some of which I will The very definition of politics is who ity with white per-capita income. read here. First on their list of rec- gets what. The authoritative allocation And let us look at housing. The ommendations is the extension of the of values in a society, the definition of homeownership gap has barely budged Voting Rights Act, which expires in politics: that is the budget process, the since 1970. In 2002 almost three quar- 2007. Now, a whole lot of American peo- appropriations process. Who gets what, ters of white Americans owned their ple do not know, even our President did whose problems get solved. We have own home, compared with fewer than not know, that the important enforce- the opportunity in this Congress to half of African Americans. If the home- ment provisions of the Voting Rights solve these problems. We have a re- ownership gap continues to close at Act expire in 2007. sponsibility in this Congress to solve this rate, it would take 1,664 years, or How can it be, how can it be, that the these problems, to make this country approximately 55 generations, before Voting Rights Act enforcement provi- better for all of our people so that the the gap is completely closed. sions would ever expire after the pain bus of opportunity does not pull off

VerDate Aug 04 2004 04:14 May 13, 2005 Jkt 039060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.089 H12PT1 H3246 CONGRESSIONAL RECORD — HOUSE May 12, 2005 when we are standing there trying to African-Americans have less in pri- of affirmative action, and more broad- get on, so that the doors of opportunity vate pensions and retirement accounts, ly, these mistaken beliefs represent are open for all Americans. if you are unemployed you have got to formidable obstacles to any govern- And I am proud to say that under the have less, and so depend more heavily ment efforts to equalize the social and leadership of the gentleman from on Social Security. They would be economic standing of the races. North Carolina (Mr. WATT) that the more affected than whites by any pri- This is the State of the Dream 2005 members of the Congressional Black vatization plan that made benefits un- report, issued by United for a Fair Caucus have decided to tackle these certain. Economy, and in its introduction, it disparities, these intolerable dispari- And, of course, we talked about home quotes President Bush: ‘‘The genera- ties. ownership; United for a Fair Economy tion of wealth should not be limited to One of the things, however, that we revisits the issue of home ownership in a few in our society. It ought to be an have a responsibility to do is to make their 2005 report. Then they add that opportunity for everybody. There is sure that the American people under- business owners of color, who are large- nothing better than providing the in- stand that these inequalities, these in- ly small business owners, received only centive to say this is my asset base, I equities, these gaps, these disparities, minor tax breaks from the four Bush own it, I will live on it in retirement, that they exist. tax cuts. Most tax breaks for busi- and I will pass it on to somebody in my I would like to add a few comments nesses and investors have landed with own family.’’ before I begin to wrap up. These com- those who are wealthy and white. Dr. Martin Luther King had a re- ments are about the United for a Fair Now, we understand what the Presi- sponse for that, even though dead. Dr. Economy 2005 report that takes into dent told us in the movie Fahrenheit King said, ‘‘The majority of white consideration the President’s proposals 911. He told us that his base were the Americans consider themselves sin- in the budget. haves and the have-mores. So, accord- cerely committed to justice for the b 1545 ingly, the tax cuts have provided Negro. They believe that American so- United for a Fair Economy says that money for the haves and the have- ciety is essentially hospitable to fair while, at first, President Bush’s owner- mores, and that is borne out in these play and to steady growth toward a ship society goals may appear to be statistics. middle-class utopia embodying racial consistent with Dr. Martin Luther Now, what do we do about this? We harmony. But unfortunately, this is a King’s dream of economic opportunity have to address these issues in public fantasy of self-deception and com- for all races, during the first Bush ad- policy. It is public policy that can turn fortable vanity.’’ ministration, the United States actu- these numbers around and make better I would hope that all of the reams of ally moved farther away from Dr. the lives of all of the little Martins out paper that have been produced record- King’s vision. The employment and in- there who did their best and still found ing these studies that I have recounted come picture has gotten worse for peo- that the door of opportunity was closed here this afternoon, from Hull House ple of color since 2000, eroding the for them, to turn that around and reporting on Chicago to the New York progress that was made during the make opportunity available for all of Times reporting on African-American 1990s. them. male unemployment at 50 percent be- We all know that not only did the Public policy requires, though, a con- tween the ages of 16 and 64, which is Clinton years provide prosperity for all sensus. It requires an American con- veritably the entire population, to Americans, all boats were lifted up, but sensus. So we fought the Civil War, and United for a Fair Economy to the Na- those boats within the African-Amer- after the Civil War, the Congress tional Urban League to Harvard Uni- ican community and other commu- passed a Civil Rights Act. So 1964 was versity to the Kaiser Family Founda- nities of color were lifted up. not the first time that we had a Civil tion, the reams and reams and reams In 2000, the African-American unem- Rights Act passed, because there was a and reams of paper produced ployment rate reached an historic low: consensus that something needed to be chronicaling the pitiful state that an historic low. Latino and Hispanic done to help all Americans. some Americans continue to have to unemployment rates also dropped, but But how can we arrive at a consensus endure. have risen again in the last 4 years. when the American people are not in- Mr. Speaker, it is clear that we are About half of the progress in the me- formed of the facts? Well, you certainly leaving too many Americans behind. dian income of people of color from cannot get it on the WB or UPN. You Our policies are creating two Americas, 1996 to 2000 was wiped out in the first 3 cannot even get it on BET or CNN a lot and, instead of growing together, we years of the Bush administration. After of the time. But we are told by a Har- are clearly growing apart. slowly increasing from 55 percent of vard University-Kaiser Family Founda- I hope to return to this place, to this white income to 65 percent in 2000, tion study that misperceptions cloud well, and do more special orders about black median income fell to 62 percent. whites’ views of blacks. You cannot ar- this subject and other subjects of inter- For the first time in 15 years, the aver- rive at an answer if you do not know est to my constituents in my district age Latino household now has an in- the facts. and the people who have voiced their come that is less than two-thirds that Misperceptions cloud whites’ views of support around the country. We have of the average white household. So not blacks: Whether out of hostility, indif- such serious issues, and the people need only are blacks falling back, Latinos ference or simple lack of knowledge, our help and our attention. are falling back as well. large numbers of white Americans in- Mr. Speaker, I am hopeful that this Throughout the 1990s, poverty rates correctly believe that blacks are as Congress will provide some relief to all fell across-the-board. All boats were well off as whites in terms of their of the people who fall into the numbers being lifted up in the 1990s. But since jobs, incomes, schooling and health that I have accounted tonight. 2000, more than one-third of that care, according to a national survey by f progress in reducing poverty among Af- the Washington Post, the Henry J. Kai- rican-American families has been ser Family Foundation and Harvard MAKING HEALTH CARE erased; 300,000 African-American fami- University. ACCESSIBLE AND AFFORDABLE lies fell below the poverty line from Depending on the question, the poll The SPEAKER pro tempore (Mr. 2000 to 2003. found that 40 percent to 60 percent of JINDAL). Under the Speaker’s an- What about private retirement in- all whites say that the average black nounced policy of January 4, 2005, the come and inheritances? Well, they re- American is faring about as well and gentleman from Georgia (Mr. GINGREY) main scarce among people of color. We perhaps even better than the average is recognized for 60 minutes as the des- have heard a lot of talk about Social white in these areas. These ignee of the majority leader. Security and privatizing Social Secu- misperceptions have consequences, the Mr. GINGREY. Mr. Speaker, it is in- rity, and the gentleman from Wash- survey suggests. Among whites, the deed a coincidence today that Demo- ington (Mr. MCDERMOTT) was here ear- pervasiveness of incorrect views seems crats in their one hour special order lier, and he talked about insecurity, so- to explain at least in part white resist- would be led by a Georgian, my col- cial insecurity. ance to even the least intrusive types league, the gentlewoman from Georgia

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.091 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3247 (Ms. MCKINNEY), and the Republican ing edge of that wave is upon us in 2008, card; and they got $600 a year for those hour today would be led by myself, an- and as they fully mature, we go from 45 two years, 2004 and 2005, a total of other Georgian. I am really, of course, million Social Security beneficiaries $1,200 that they could apply to the cost pleased to have this opportunity. today to within 10 or 15 years to having of their prescription medication. I am going to talk on an entirely dif- 77 million. And trying to fund that pro- There were other things, Mr. Speak- ferent subject to my colleagues, Mr. gram with a payroll tax that has not er, and I know my colleagues remem- Speaker, than what we just heard for increased in a number of years, it is a ber that. If not, hopefully, this will be the previous hour. This time is dedi- tremendously difficult problem; and it a reminder. For the first time ever cated really to the Republican Con- needs to be solved. It is not something under the Medicare program, new bene- ference Health Care Access and Afford- we can put off for other Congresses. ficiaries, those just turning 65, were ability Public Affairs Team. We put to- I hear from some of my colleagues, having the opportunity to go to their gether this team for the purpose of let- particularly on the other side of the doctor, to their general doctor, their ting our colleagues know, letting the aisle, well, it is not that bad of a prob- internist, their family practitioner and American people know, that the Re- lem; why do we not just kind of wait having a complete, thorough, head-to- publicans care deeply about the health awhile and let somebody else deal with toe physical examination. In the past, of this Nation, particularly in regard it. I mean after all, 2006 will be upon us Medicare did not pay for that. You to those who are the neediest, whether pretty soon, and it is the next election could only get reimbursed for a doctor they are white, black or Latino. It does that is most important, not the next visit if you were sick, if your nose was not matter. People in this country who generation. bleeding, if you had pain in your chest need health care that really cannot af- I certainly do not agree with that, from a coronary and you were stag- ford it, who are struggling through no and I know this President and this Re- gering because you were about to have fault of their own, we are deeply com- publican leadership does not agree with a stroke, or you showed up in the emer- mitted to solving these problems, that at all. gency room. But just to have a routine whether we are talking about Medi- But what we are hearing a lot of physical to find out, hey, is everything care, Medicaid or Social Security for times is, well, why are you focusing on okay, to get your blood pressure that matter. Social Security when we have these checked and have that cholesterol level These are the so-called entitlement huge problems with Medicare and Med- determined, and the screening proce- programs, the mandatory spending. icaid? I know my colleagues on both dures, or maybe if you had a mammo- When we talk about a budget for fiscal sides of the aisle have heard that argu- gram to rule out a very early breast year 2006 of $2.6 trillion, two-thirds of ment. The point, of course, is that we cancer; these things were not covered that budget goes to mandatory spend- have focused on Medicare, and I am under Medicare. ing. That means those who meet eligi- very surprised at how quickly they for- But under this leadership, this bility requirements, obviously Social get. It was, after all, just December of Speaker, this Republican-led Congress, Security retirees and disabled and wid- 2003 when this body, this Congress, in a this President brought, in December of ows and dependent children; the Medi- bipartisan fashion, passed the Medicare 2003, the Medicare Modernization and care program, you are 65; or you are Modernization and Prescription Drug Prescription Drug Act. younger than 65 and you are disabled, Act. That prescription drug part of So for everybody to suggest that this the Medicaid program; or you are poor. Medicare, of course, does not become Congress is not focused on health care operational until January of next year, and has done nothing and is wasting 1600 b 2006. So we have not had an oppor- our time trying to solve the Social Se- And you do not have the means or tunity to see what benefits that will curity problem is just absolutely un- the wherewithal to purchase private bring to the program. true; and I think fair-minded Members health insurance or maybe you do not We have had an interim program, I of this body, whether Republicans or have a job, you do not have an em- think, that has worked very, very well. Democrats, know that. They know ployer that provides health insurance It is called the Transitional Medicare that. They know that we have devoted for you. These are the people who meet Prescription Drug Discount Card pro- a lot of attention to Medicare. It re- those eligibility standards, and that is gram. All of my colleagues, Mr. Speak- mains to be seen, really, how that pro- called mandatory spending; and it in- er, remember that, the 11⁄2 to 2-year gram is going to work. cludes two-thirds of our Federal budg- program, before we get started in the All we hear from the opposition is, et. We have a huge problem with the part D prescription drug premium- oh, well, you know, it is going to cost growth in those numbers because, as based, voluntary part of Medicare next a lot. They misled us, they lied to us, our population grows, there are more year, to give immediate relief, as we they said it was only going to cost $395 and more people who are struggling did in December of 2003, to let our sen- billion, and now it is going to cost $750 who become eligible for one of these iors obtain, for no more than $30 a year billion. I do not know what the true three mandatory benefits. It is becom- and, in most instances, a free Medicare cost is, but I do know this: when, Mr. ing a tremendous strain on this coun- prescription drug discount card, which Speaker, the Congressional Budget Of- try. would allow them to go to the drug- fice is calculating the expense of the Tonight I will focus primarily on the store with those four or five prescrip- program, they are talking about what Medicaid program, because our States tions that their doctor had written for it is going to cost to provide a prescrip- are in such dire economic stress be- high blood pressure or control of their tion drug benefit, even though it is pre- cause of Medicaid, which is a joint Fed- blood sugar so their diabetes did not mium-based. Like part B, sure, there eral-State program, a shared program, get worse, or something to prevent will be a cost to the taxpayer. The part if you will. osteoporosis, or to, as I say, lower B Medicare program, Mr. Speaker, a lot The President, during the last couple blood pressure and cholesterol. of people probably do not realize this, of months, has spent a lot of time talk- So when they went to the drugstore, but the premiums, even though they ing about the Social Security program. they were not paying sticker price. have gone up every year since 1965, and My colleagues know that he has been They were getting the same kinds of now are approaching $80 a month, they going all over this country trying to discounts, competitive discounts that only cover 25 percent. The general fund explain to the American people that we people who were working and had em- taxpayers are supporting 75 percent of are in a real crisis; and certainly, at ployer-sponsored health care, maybe that cost. least I think everybody would agree, under an HMO, and they got deep dis- So the prescription drug program there is a serious problem with Social counts on their drug prices. will be very similar to that. There will, Security because of demographics, be- This is what the discount program, indeed, be a cost. But what is so mis- cause of the fact that thankfully, the transitional program brought to leading is no credit whatsoever is given thankfully, people today are living our neediest seniors; and, in fact, those to the fact that if a person is taking a longer and they are healthier. living at or below the Federal poverty blood pressure medication to keep As the baby boomers fully mature level were credited on that card. It be- them from having a stroke, if a person and that starts the first wave, the lead- came not a credit card, but a debit can now afford to go to the drugstore

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.093 H12PT1 H3248 CONGRESSIONAL RECORD — HOUSE May 12, 2005 and get Lipitor or Pravachol or one of I have a slide, Mr. Speaker, that I will been here. They have talked to the these statin drugs to lower their cho- get up in just a few minutes and I President. They have talked to Con- lesterol and avert the need for open would like to point out how that Fed- gress. They have some very good ideas heart surgery, or someone is able to eral-State match works. of how to make this system work bet- take Glucophage or insulin so that It is based, really, on average income ter and make sure that those who have that diabetic condition does not get so in a State. A State with a lower aver- the greatest need have access to those bad that it destroys their kidneys or age income, a poor State, there is Medicaid dollars. causes blindness or causes peripheral going to be a higher Federal percent- I wanted, Mr. Speaker, to share with vascular disease to the point that they age; and the parameters range from a my colleagues just a few numbers need an amputation of a limb or renal 50–50 participation to 80–20. And if we about the magnitude of really what I dialysis or maybe even a kidney trans- can focus on this chart to my left, this am talking about. In the year 2002, the plant; all of those things, by the way, is not all of the States; I think I was total Federal dollars spent on the Med- are currently today covered under informed that the machine broke and icaid program, now this is just the Fed- Medicare, but extremely expensive. they were not able to get but about eral dollars, $140 billion. That is in the If we can prevent that by allowing half of the States on the chart. But it year 2002. In the year 2004, that number our seniors, our neediest seniors to af- does include my State of Georgia; and has gone up to $184 billion. You know, ford the medication and treat these last year in Georgia, the Federal match we are talking about significant in- diseases in a timely fashion, then we was 60, almost 60.5 percent, and the an- creases. From 2001 to 2002, the Federal save money on part A, being the hos- ticipated match for the fiscal year 2006 spending Medicare increased 8 percent. pital, the nursing home care, for those is 60.6. So in Georgia it is about a 60–40 From 2002 to 2003, it was about 9 per- who have had a stroke and maybe have split. cent. From 2003 to 2004, in the same to spend the rest of their lives in a I was looking for Mississippi, which I range. And on and on and on. nursing home; part B would be the fee think is probably one of the States So when people say to me from back that the cardiothoracic surgeons that has the lowest per capita income home, Congressman, do not cut Med- charge to do open heart surgery. We where the Federal match actually ap- icaid spending because, you know, you save that money, yet you get no credit, proaches the maximum 80 percent. are affecting my program. And that you get no score for that. But, Mr. could be a physician talking about, you b 1615 Speaker, surely, if this program is know, his or her reimbursement. It going to work and if it makes sense, It is not on this board. But I think could be a hospital. It certainly is like- and it certainly makes sense for this the Federal match in the State of Mis- ly to be one of these rural hospitals physician Member of this body and, sissippi is about 78 percent. But it var- that is called a disproportionate share, furthermore, it is the compassionate ies. Alabama is here, 70.1 percent Fed- which means their clientele is dis- thing to do. eral participation in 2005. And in 2006, proportionately weighted toward the So, indeed, to suggest that the Re- that dropped down to 69.5 percent. Medicaid program because they are a publican majority in this body, led by There are other States, like I say, that poor community. And they are con- our Speaker, the gentleman from Illi- are 50/50. Illinois, as an example, is 50/ cerned, and I understand that. nois (Mr. HASTERT), and that President 50. The State of Massachusetts is about But what the President did in the Bush and his administration do not 50/50. 2006 budget that he submitted to us was care about health care and have ig- Mr. Speaker, this is the way it should to cut a certain number of Medicaid nored and narrowly focused on Social be. We should indeed participate more dollars over a 5-year period of time. Security and forgotten about the needy for those States who have the greatest What we have done here in the Con- in this society regarding health care, it need. One thing, though, that really gress, the President recommends, and is just absolutely, Mr. Speaker, abso- concerns us, and I think one of the then we legislate. We make the final lutely untrue. I think, again, fair- main problems with the Medicaid sys- decision. And it looks like we are going minded Members of this body on both tem, is that there is a significant to have a Medicaid funding cut over sides of the aisle would readily admit amount of waste and abuse of the sys- the next 5 years of $10 billion. That is that. tem. And yes, in fact, Mr. Speaker, in $2 billion a year but that, we hope and Now, I spoke at the outset of this some instances, downright fraud. And I feel very confident, we can find those hour of the Republican Conference on if a State is a 50/50 state, there may not savings by eliminating this situation Health Care, Access, and Affordability be much advantage to take an advan- that I described, waste, fraud and Public Affairs Team. That is us; that is tage of the system. But if the State has abuse. me. I am taking all of the time this a higher Federal match than the State Now, let me just give you one exam- evening, but we have a strong team. We match, you can see that if you are ple, Mr. Speaker, and I want to share are not just health care providers, al- abusing the system, gaming the sys- that with my colleagues, the nursing though many of us are physicians and tem, if you will, then there is an ad- home situation, long-term care in a dentists and other people involved in vantage because you are pulling down skilled facility. Medicare, under Part A health care. I wanted to take this time more Federal dollars than you are only covers a certain number of days. I to share with our colleagues our vision spending at the State level. think it is something like 100. And and our focus and what we are doing to And so these are some of our prob- after that, the patient is pretty much try to make sure that we have a good lems, of course, that we are facing now on their own, and that has to come out policy that is fair and balanced and with the Medicaid program. The spend- of their pocket. If they do not have that we are taking care of those who ing is growing more, of course, in times long-term care insurance, and most are in most need in regard to health of economic stress and distress. And we people do not, we are trying to address care. have gone through a lot of that in the that. This Congress is trying to address Mr. Speaker, one of the huge prob- last several years, particularly since 9/ that, the Republican leadership, and lems right now, of course, is the Med- 11. And of course the population that is why we put health savings ac- icaid program. Again, this is part of growth, you are going to have more counts in the Medicare modernization our entitlement spending, the manda- people who are legitimately eligible for bill of December 2003, so that that tory spending, as I outlined at the be- this care. So the spending is going to money in those accounts can be used ginning of the hour, the two-thirds of go up. But we want to make sure that without any tax penalty whatsoever to the Federal budget. Medicaid is a Fed- we get dollars to those who are in need purchase long-term health care insur- eral-State program, with the Federal and not to those who are in greed, if ance. But most people do not have that Government actually paying, in most you will. And that is very important. today. And if a loved one ends up in a cases, more than the State does, to And there will be a very strong focus nursing home, then once those Medi- provide health care for the neediest in on Medicaid reform, led, quite hon- care dollars, those days of eligibility our society, especially for children and estly, by the governors, by the Gov- are utilized, and the person has no single mothers. It is a great program. ernors Association, both Democratic other resources, they become what is It has served us very, very well. In fact, and Republican governors. They have known as dual eligible because they

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.095 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3249 have no wealth and no source of in- But I just want to say to you, also, we ought to try to do it as much as we come, then all of a sudden they are eli- thank you for Medicare modernization. can in a bipartisan fashion. gible for Medicaid. And thank you from the bottom of my And to that point, Mr. Speaker, I So, the reality today, my colleagues, heart for that prescription drug dis- want to let my colleagues know that is that probably 70 percent of nursing count card, that transitional program. we have recently formed a medical/den- home reimbursement is from the Med- Miss Menafee told me that she had tal doctors in Congress caucus in this icaid program. Now, some of that is ap- been spending something like $400 a House. There are 13 of us. There are propriate. But some of it is inappro- month for five or six drugs that she three dentists. There are ten MDs. priate. desperately needed, and because she Three of those MDs are on the demo- And indeed, there is actually a cot- was eligible for that $1,200 credit and cratic side; seven on the Republican tage industry out there where our good the lowest pricing, in fact, I think side. And we are going to work on attorneys advise people how to hide maybe a dollar, $3 copay, she said she these issues in a bipartisan fashion. their income, how to shift their posses- had reduced over $400 a month worth of You know, I thought yesterday, as we sions and their net worth to maybe an- medical expenses to $9 a month. had that plane, that little Cessna that other family member, and all of a sud- Miss Menafee, God bless you. And she inadvertently got in the airspace over den they have got nothing. They do not is 80 years old and looks healthy, and I the Capitol, and we all went just, I have any wealth. They do not have any think she is going to outlive us all be- mean, pouring out of here in semi income, and they are dual eligible for cause of what we did. So that is the panic, although the Capitol police did Medicaid. That, my colleagues, is what compassion. That is the thoughtfulness an excellent job of keeping people I call gaming the system. And when that this Republican leadership, this calm, but, you know, making sure that you do that, you take money away majority has in regard to the health we got out of harm’s way as quickly as from the program, desperately needed care program. possible. money for single moms, for the poor Mr. Speaker, I guess I could go on b 1630 who need prenatal care, for little in- probably long beyond my allotted hour. fants that are born prematurely that But I am going to try to go ahead and You have to take every one of these need a good start in life, and they can- bring this to a close because I think, threats seriously, and I could not help not get it because there is no money hopefully, my colleagues have heard but thinking as I was running down the there. me loud and clear and understand that street, where are the other 12 members This is something that we, the Re- we care about health care. We care of our physician and dental doctor cau- publican majority, and hopefully in a about the uninsured. cus? bipartisan fashion with our colleagues We have passed association health We probably were all going in a dif- on the other side of the aisle, we are plans in this body at least twice, and ferent direction. My co-chairman of giving very serious attention to it. And we will continue to pass it. We have that caucus is the gentleman from Ar- yes, we can walk and chew gum at the passed tort reform so that doctors and kansas (Mr. SNYDER), Mr. Speaker, a same time. We can work on the Social hospitals are not ordering all these un- great Member of this body. The gen- Security problem and fix that, get out necessary tests. And every individual tleman has been here a good bit longer of that crisis situation and work on that walks into an emergency room than I have been, a fine doctor from solving the Medicaid problem at the with a headache does not need a CAT Arkansas. same time. Absolutely, we can. We scan, but they are getting it because The gentleman and I have been work- will. We are doing that, and we will get the doctors are afraid they are going to ing together. That was one of the to the finish line on both of these pro- be sued, or the hospital, and that is things we were talking about last grams, and we will do it sooner rather why people cannot afford health insur- week. The next meeting we have, we than later. ance. are going to make sure that we work We will not be irresponsible on these All that defensive medicine, these ad- with the House physician so that this issues and put this off and say, Hey, ditional lab tests, it drives the price of team would know what we would do in you know, we do not want to touch health insurance up so high that it is a situation like that so we were not all that third rail because we are worried out of reach for far too many people. going in different directions. Maybe all about our re-election in 2006 and keep- And we end up with 43 million in this 13 of us, hopefully the caucus will ing our majority. We are going to keep country who have no health insurance, grow, I like doctors and dentists in our majority by doing the right thing. and most of them are working. But we Congress, but we could go to a des- And we will let the elections take care are going to help them. Again, we are ignated spot so if this really truly of themselves. going to help them by what we have turned out to be a terrorist attack, we But we have to make sure that we done in Medicare modernization, give would be part of the solution and not understand, the American people un- them an opportunity to set up through part of the problem. derstand, and that we do not let the their employer a health savings ac- Again, as I speak to my colleagues nay-sayers poison the well like they count where they can get catastrophic this afternoon and I am deeply appre- tried to do on that Medicare discount insurance for a very low premium, Mr. ciative, Mr. Speaker, of the oppor- card. Speaker, a very low monthly premium, tunity to talk about what the Repub- I was at a little town hall meeting in and then the employer or a relative or lican majority is doing on health care, one of my poorest counties recently in a friend can help them fund an account I do not want to forget that the Amer- Southwest Georgia, Talbot County, a that can grow, that can enjoy the mir- ican people do not like a lot of par- great community, wonderful people, acle of compound interest, that they tisanship and animosity and, indeed, but poor, very low tax base. And we can use that money for a lot of types of hatred. We do not accomplish anything were talking about Social Security. things that traditional health insur- in that fashion. I am very proud to be Miss Menafee came up to me after the ance does not even cover, eye care, den- part of that new bipartisan caucus as hour and a half town hall meeting, and tal care, mental health services, just so we work towards solving these prob- she said, Congressman, thank you for many things. lems. that information on Social Security. I So it is a pleasure to be part of this f think I really understand it better team, to be here tonight, to be talking now. I have been getting those auto- about what we, the Republican health APPOINTMENT OF MEMBERS TO mated phone calls and those slick care access team, is doing. CONGRESSIONAL-EXECUTIVE glossy mailers. I do not know whether But, you know, again, I want to COMMISSION ON THE PEOPLE’S they were from AFL–CIO or George make sure my colleagues understand REPUBLIC OF CHINA Soros and some 527, but thank you, that I am not an overly partisan per- The SPEAKER pro tempore. Pursu- Congressman for helping me under- son. It is not all about left versus right ant to 22 U.S.C. 6913, and the order of stand it better, to see how an indi- or Republican versus Democrat. It is the House on January 4, 2005, the Chair vidual personal account can grow and right versus wrong, and I think we need announces the Speaker’s appointment have the miracle of compound interest. to focus on doing the right thing, and of the following Members of the House

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.096 H12PT1 H3250 CONGRESSIONAL RECORD — HOUSE May 12, 2005 to the Congressional-Executive Com- ment, to six Central American coun- I think convinced many that these mission on the People’s Republic of tries, including the Dominican Repub- trade agreements are bad ideas. But I China: lic. wanted to see real faces and real people Mr. LEACH, Iowa, co-chairman; When I ran for Congress in 1992, I do and put real names next to those faces Mr. DREIER, California; not want to bore my colleagues with and people so I really could understand Mr. WOLF, Virginia; numbers, when I ran for Congress in what this global economy looked like. Mr. PITTS, Pennsylvania; 1992, the United States had a trade def- I went to the home of two people who Mr. ADERHOLT, Alabama. icit of $38 billion. We thought that was worked for General Electric Mexico. f way too big. That meant we were buy- They lived in an area about 30 feet by ing, importing $38 billion more worth 30 feet, maybe smaller than that, prob- THE DANGERS OF CAFTA of goods than we were exporting; $38 ably more like 20 feet by 20 feet. No The SPEAKER pro tempore (Mr. billion trade deficit we had in 1992. running water. No electricity. Dirt DENT). Under the Speaker’s announced Last year after NAFTA, after PNTR floor. When it rained hard, their floor policy of January 4, 2005, the gen- with China, after several other trade turned to mud. Both of these people tleman from Ohio (Mr. BROWN) is rec- agreements over the last decade-plus, worked at General Electric Mexico. ognized for 60 minutes. our trade deficit is $618 billion, from 38 They lived 3 miles from the United Mr. BROWN of Ohio. Mr. Speaker, I to 618 billion. States of America. enjoyed hearing my friend, the gen- Now, you can see the trade deficit Now, if you walk outside their little tleman from Georgia (Mr. GINGREY), with Mexico as an example, prior to shack into their colonia, their neigh- and his comments about Medicare. NAFTA, the year I came to Congress, borhood, 3 miles from the United I know that my Republican friends in 1992, we actually had a trade surplus States, you will notice as you look care about health care. But unfortu- with the Republic of Mexico. We actu- around a couple of things. The first nately, they care more about the drug ally sold them more than we bought thing you will notice is there is a ditch companies and the insurance compa- from them. Look what happened after nearby with who-knows-what human nies than they do in providing low-cost NAFTA. Look at these numbers. This and industrial waste running through prescription drugs and health insur- is zero right here. We had a trade sur- this ditch, maybe 4 feet wide. Children ance to the 50 million Americans who plus in those 4 years prior to NAFTA. playing in this ditch because children do not have health insurance. Then all of the sudden 10 billion, al- will play wherever children play. I did not come forward today to talk most 20 billion, 25 billion, over 30 bil- The American Medical Association about Medicare, particularly, except to lion, almost 40, over 40, approaching a said this area along the Mexican-U.S. note that when Congress passed the $50 billion trade deficit with Mexico. border was the most toxic area in the Medicare bill last year, a bill that a Now, George Bush, Sr., who origi- Western Hemisphere. So no telling couple of years ago was not received by nally negotiated the North American what kinds of diseases these children the public very well in part because Free Trade Agreement, he said that $1 could get from playing in this ditch. they did not tell us the truth about the billion in imports or exports rep- If you walk through the neighbor- cost of the bill, it ended up costing al- resented about 12,000 jobs. That meant hood more, you will notice that all of most $1 trillion when they told Con- if you have a $3 billion trade surplus these shacks were built out of packing gress it would only cost $400 billion. then that is three times 12,000. You materials, boxes and wooden crates and But more than that, this bill pro- would have 36,000 more jobs in your wooden platforms, coming from the vided literally 180 additional billion country. If you have a $3 billion trade companies from where they worked. So dollars to the drug industry profits and deficit, you would have 36,000 fewer you could tell where these workers had direct subsidies of about $60 billion jobs in your country. worked just by walking through the to the insurance industry. Look at this. We went from a $38 bil- neighborhoods and looking at the So I wish, while my Republican lion trade deficit overall to $618 billion. shacks, shacks literally constructed friends, I do believe they care about You do not need to do the math except out of packing materials for these com- the poor, they care about working peo- you just sort of estimate and you see panies they worked for. ple, they care about health insurance, what these trade agreements have The point of the story is when I went unfortunately their caring so much meant to the American people, to our to a General Motors plant nearby and more about the drug industry, the in- economy, to our manufacturing base. what I noticed was this General Motors surance industry, it sort of gets in the In my State of Ohio we have lost plant looked just like a General Motors way of too often doing the right thing. 200,000 manufacturing jobs. One out of 5 plant in Lawrencetown, Ohio, and just I come forward this afternoon, Mr. manufacturing jobs in my State has like a Ford plant in Avon Lake, Ohio, Speaker, to talk a little bit about the disappeared in the last 41⁄2 years since or just like a Chrysler plant in Central American Free Trade Agree- President Bush took office. Those man- Twinsburg, Ohio. It was modern. It was ment which, frankly, will likely be de- ufacturing jobs have been lost for a lot new, newer than the plants in my feated in this Congress bipartisanly. of reasons. The most important reason State. The floors were clean. The work- This is not a partisan issue. It is an is NAFTA and PNTR and these trade ers were working hard. The latest tech- issue of justice, an issue of jobs, and an agreements. nology. issue of where our country and our Unfortunately, these trade pacts like There was one difference between the economy goes. NAFTA and like CAFTA enable compa- General Motors plant in Mexico and Two weeks ago, more than 150 Repub- nies to exploit cheap labor in other the auto plant in Ohio. And the dif- licans and Democrats, Senate and countries and then import back to the ferent was the auto plant in Mexico did House Members, pro-business, pro-labor United States under favorable terms. not have a parking lot because the groups gathered on Capitol Hill to The Central American Free Trade workers were not paid enough to buy speak out against the Central Amer- Agreement should probably be named the cars which they make. ican Free Trade Agreement. Repub- the Central American Free Labor You can go half way around the lican House and Senate Members and Agreement because that is really what world to Malaysia to a Motorola plant. Democratic House and Senate Members it is all about. The workers do not make enough to joined with these outside groups, this About 5 or 6 years after NAFTA buy the cells phones which they manu- group of unlikely bed fellows perhaps, passed, in the mid-to late 1990s, at my facture. You can go back halfway to speak with one voice of the unified own expense I flew to McAllen, Texas, around the world to Costa Rica, one of message to vote against the Central rented a car and went across the border the countries in the Central American American Free Trade Agreement. to Reynosa, Mexico because I wanted Free Labor Agreement, and the work- CAFTA expands on the failed trade to see what NAFTA looked like, what ers at a Disney plant do not make policies of the North American Free these free trade agreements looked enough to buy the toys that they man- Trade Agreement and expands on those like. I wanted to put a face on these ufacture. policies by enlarging NAFTA, the numbers. These numbers are persua- You can go back halfway around the North American Free Trade Agree- sive. They certainly convinced me and world to China and go to a Nike plant

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.098 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3251 and the workers do not make enough sew, and that pair of jeans is sold at American Free Trade Agreement in to buy the shoes that they manufac- Wal-Mart in the United States for $25 this Congress, that they have not been ture. or $30. So the company is getting rich. able to convince the American people That is what is great about our coun- The workers stay poor. And unfortu- that it is a good idea. So they are try- try. In our country because of labor nately, that is what is going to happen ing one last-ditch effort and that hap- unions, because of labor laws, because and get worse if CAFTA passes. pened this week. of our democracy workers share in the If you want more proof already than This week the Presidents of the Cen- wealth that they are creating. If you this, the trade deficit, the amount of tral American countries and the Do- work at General Motors or you work at money that people are making, the fact minican Republic and six countries a hardware store or wherever you that they simply cannot buy American under CAFTA are touring the United work, if you help your employer make products, let us look at the politics of States. The six Presidents of these a profit and create wealth at that com- it for a moment. countries are on a United States Cham- pany or create value as a nurse at a The President of the United States ber of Commerce junket pushing hospital or a teacher in a high school, has sent five trade agreements to Con- CAFTA. They went to Miami, Los An- you share in the wealth or share in the gress. The first four trade agreements, geles, Albuquerque, to my State to Cin- good that you do. You get a share of the trade agreement with Morocco, one cinnati, and they are attempting to those profits, a share of that wealth. with Chile, one with Singapore, and convince the American people and the That is how our country works. one with Australia, all passed the Con- press that CAFTA is good for their Unfortunately, it does not work that gress overwhelmingly in fewer than 60 country, good for their people and good way in Mexico. And as you will see, days, in less than 2 months. This time for our country and good for our peo- frankly, it does not work that way in the President sent this trade agree- ple. the other countries that are part of the ment to us is almost a year ago, 348 Like our own President, like in this Central American Free Trade Agree- days ago to be exact. country, these six Presidents have ment. Now, the reason the President sent tried to convince everybody that The average worker in the United this a year ago and Congress has not CAFTA will lift up low income workers States makes $38,000. That is enough to moved on it is simply because the and that CAFTA will create jobs here buy shoes, maybe to send your kids to American people understand what in the United States. What they do not college. It is enough to live in a decent these trade agreements do to our coun- say is they do not talk about the com- place. It is enough to own a car. It is try. Not just what they do to a family bined purchasing power of CAFTA Na- enough to go to the grocery store. It is that loses a job. But what that means tions equal to that of Columbus, Ohio, enough to buy some things. But if you to that family, what that means to or Orlando, Florida, or Memphis, Ten- look at the rest of the countries in the that school district, what that means nessee. They do not mention that. Central American Free Trade Agree- to police and fire protection is that They do not mention the fact, as I ment, Costa Rica, the average income they do not have the kind of tax reve- said earlier, that the workers in Cen- nues when a plant closes down in a is $9,100. In the Dominican Republic it tral America cannot buy cars in Ohio community and moves to China or or software from Washington State or is $6,000; El Salvador, $4,800; Guate- moves out of town. All of that the steel made in Pennsylvania. mala, $4,100; and in Honduras and Nica- American people understand it. What we do not hear from them is ragua it is less than 10 percent of the It is finally after all of these trade that CAFTA does nothing to ensure the income that Americans make: $2,600 in agreements, the Congress of the United enforcement of internationally recog- Honduras; $2,300 in Nicaragua. States has finally figured it out. That nized labor standards in their coun- The combined purchasing power of is why we have not voted on the Cen- tries, and with all due respect to the these six countries, the combined pur- tral American Free Labor Agreement Central American leaders, what they chasing power of the Central American yet, simply because the American peo- are not saying and what millions of us countries is equal to that of Columbus, ple understand this trade agreement is know already is that millions of their Ohio, or Orlando, Florida. workers, like 10s of millions of Amer- When you think about the combined not working. It has not worked in the ican workers, do not support this purchasing power and you look what past. These trade agreements will not agreement. The Presidents may sup- these people in those countries earn, work in the future. The President has tried to get it to port them, but the workers in their you know they do not make enough to pass in Congress, and Congress simply countries and our country do not sup- buy a car manufactured in Ohio. They does not have the votes to pass it. port this agreement. do not make enough to buy prime rib What they will not tell reporters, b 1645 coming from cattle in Nebraska or Col- what they did not tell reporters in orado. They do not make enough to Earlier this spring, the majority their Chamber of Commerce junket buy software from the State of Wash- leader, the gentleman from Texas (Mr. around the United States is that 8,000 ington. They do not make enough to DELAY), the most powerful Republican Guatemalan workers protested against buy steel from West Virginia. They do in the Congress, has announced that we CAFTA 2 months ago. Two of them not make enough to buy clothes from would vote on Central American Free were killed by government security North Carolina or South Carolina or Trade Agreement by the end of the forces. Georgia. month, by May 27 before Congress They do not tell us that 10s of thou- The fact is this Central American leaves for Memorial Day weekend. sands of El Salvadorans protested Free Labor Agreement is not about That will mark literally the 1 year CAFTA two-and-a-half year ago. U.S. companies and U.S. farmers ex- deadline, the 1 year anniversary, since They do not tell us about the 18,000 porting their products to Central CAFTA was signed by the President. letters sent by Honduran workers to America. That will not happen because That means with CAFTA, if CAFTA’s the Honduran legislature, decrying the the Central American people are not not voted on by then, it is dead in the dysfunctional cousin of CAFTA, paid enough to buy American products. water. The issue is dead on arrival. It NAFTA. What this agreement is all about is is clear the American people have said They do not tell us about the 10,000 simply outsourcing of jobs; is Amer- no and the U.S. Congress has said no. people who protested CAFTA in Mana- ican manufacturers moving production Once this 1-year anniversary passes, gua, Nicaragua, in 2003. to Central America and setting up a lot of us who are opposed to this They do not tell us about the 30,000 plants and paying workers wages that agreement say the President, I think CAFTA protesters in Costa Rica this barely keep them alive and then selling the 1 year really means, okay, it has past fall. those products back to the United failed, it is time to go back to the They do not tell us that hundreds of States at tremendous profits. drawing board and write a Central thousands of workers have protested in I have visited a factory in Nicaragua American Free Trade Agreement that Central America in 45 different dem- where the workers are making 23 cents we can pass. onstrations in the last 3 years. per pair of jeans that they sew. They Clearly, there is a desperation among Opposition to CAFTA is as strong in get 23 cents for a pair of jeans they those people who have pushed Central Central America as it is in the United

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.100 H12PT1 H3252 CONGRESSIONAL RECORD — HOUSE May 12, 2005 States. I ask my colleagues in this go to college; people, their homes are grains of wheat on the third square and Congress, when the Presidents of Cen- foreclosed on; what happened to the 8 grains of wheat on the fourth square tral American countries come around school district, which lost a big chunk and just continue, continue doubling to our offices, as they have, and ask us of money; what happened to police and the number of grains you put on each to vote for the Central American Free fire protection in that city because square until you have gone through all Trade Agreement, understand, they they lost so much tax revenue. Then the squares of the chess board, that may support it for whatever reasons, you think about what happens to work- will be reward enough for what I have but the people of their countries, in ers in the developing world in these done. The king thought he had gotten large numbers, do not. countries when these trade agreements off lightly; geez, that is easy. A couple of nights ago, after the inflict the damage that they do on He could not do that, of course, be- Chamber of Commerce tour of America them, these workers, the family I met cause if you do that, go to the 64th that the six Presidents took, the in Mexico that worked at General Elec- power, that would represent all the Chamber of Commerce hosted a recep- tric, that could barely make a living wheat that is grown in all the world in tion for the visiting dignitaries, re- and what happened in their lives and 4 years of harvest, I understand, and warding them, thanking them for their the pain they felt. you notice that is the exponential lobbying efforts this week. You can You think about the damage, both in function. imagine this very plush room at the the rich world, our world, the United We see here just a 2 percent growth Chamber of Commerce, in its beautiful States, the rich countries, and you curve, and many people think of 2 per- structure in downtown Washington, think of the poor countries and the cent growth as a straight line. That is where the chamber has its very nice of- damage there. Instead, we could pass only 2 percent for the first year, but fices. not this Central American Free Trade then if it is going to 2 percent for the You can imagine the leaders, the Agreement. When the time runs out, second year, it is not going to be 2 per- CEOs, of the most powerful and largest when this clock is down, when the cent of what existed at the end of that corporations in our country were rais- deadline passes and CAFTA is dead, it year. So you are kind of getting inter- ing toasts, thanking the six Central is time to pass a new Central American est on interest which is what com- American and Dominican Republic Free Trade Agreement, negotiate a new pound interest is, and I think many Presidents for their campaigning for one that will really lift workers up, be- people have a little appreciation of this issue. Then you can see the six cause trade agreements work when the compound interest. Presidents raising a toast to the Presi- world’s poorest workers, the workers This is a 4 percent growth curve. It dents and CEOs of the largest compa- for Nike in China, the workers for Mo- quadruples in 35 years. This is a 5 per- nies in America, thanking them for torola in Malaysia, the workers for cent growth curve, and China now is on their support. Disney in Costa Rica, the workers at a 10 percent growth curve. That is this It just made you wonder were the the auto plants in Mexico, when the curve. In 7 years, if they continue on CEOs or were these Presidents think- world’s poorest workers can buy Amer- this curve, their economy will double, ing of the millions of workers and hun- ican products, rather than just make and their use of oil will double if it fol- dreds of thousands of workers in each them, then we will know, Mr. Speaker, lows the economy. There is not much of these countries, millions of workers that our trade policies are finally suc- way to keep it from following the econ- in the United States, who are opposed ceeding. omy. In 14 years, they will be using to this agreement and who knew that f four times as much oil, and in just 21 this agreement would bring more prob- years, they will be using eight times as lems for America. ENERGY much oil. Did they think about the small busi- The SPEAKER pro tempore (Mr. The next chart kind of puts the thing nesses in Ohio and Michigan that do DENT). Under the Speaker’s announced in perspective as far as our country is not want another failed trade agree- policy of January 4, 2005, the gen- concerned. We have 2 percent of the ment? Did they think about the small tleman from Maryland (Mr. BARTLETT) world’s oil reserves, and we use 25 per- stores in Managua and Santo Domingo is recognized for 60 minutes. cent of the world’s oil, and we import and in San Juan that would go out of Mr. BARTLETT of Maryland. Mr. about two-thirds of what we use. That business and that would be pushed out Speaker, we are here this afternoon to is up, by the way, from the Arab oil of business because of these trade build on a discussion that was started embargo where we imported just about agreements? Did they think about the last evening when five of us were here a third of what we use. family farms in North Carolina or the on the floor to talk about the problem Two other figures are of interest. One coffee farmers in Costa Rica or the of energy in general and about oil and is that we represent less than 5 percent highlands of Nicaragua? Did they think peak oil in particular. of the world’s population. We are about about the sugar farmers in Minnesota, I would like to start with a chart one person in 22 in the world, and this in eastern Oregon and in Idaho and in that shows some curves that will lead one person is so fortunate that we get Minnesota and Louisiana? Or did they us to this one. Here, we have a 2 per- to have 25 percent of all the good think about the sugar cane workers in cent growth curve, and what this is is things in the world, a subject for an- Central American? My guess is they the rate at which we are increasing our other discussion, but I wonder, Mr. did not. demand for oil. You will see that it is Speaker, if you have asked yourself the When I think about these trade exponential. It is not a straight line. It question, how come that is true; what issues, and I again go back to this goes out and up, and the further you is so unique about this country and our chart as I am about to close, I go back go, the steeper it gets. I wanted to talk culture that this one person in 22 has a to this chart which shows the relative for just a moment about these expo- fourth of all the good things in the income of each of these Central Amer- nential curves because I think a lot of world? Perhaps we will come here to ican countries, and when you think people do not understand the expo- the floor another day to talk about about where we want to go with our nential function. that because I think there are some trade agreements and what has hap- There is a very interesting story real lessons to learn. If you understood pened to our trade agreements, we have about the person who a very long time how we got here, then we might under- seen so much pain on each side. ago invented the game of chess, and stand what we need to do to stay here, We have seen pain in O’Leary, Ohio, the monarch of the kingdom was so im- but that is not the subject of tonight’s near where I live, a town of about pressed with that contribution that he discussion. 50,000, industrial town which has had told the inventor that any reasonable With only 2 percent of the world’s oil certainly its tough times. When York thing that you ask, I will give you. The reserves, we produce 8 percent of the Manufacturing shut down its plant and inventor said, I am a simple man, with world’s oil. What that means, of moved much of its production to Mex- simple needs, and if you will simply course, is that we are really good at ico, think about those families; the un- take my chess board and put a grain of pumping oil. We know how to get oil employment in that community; peo- wheat on the first square and 2 grains out of the ground better than almost ple losing their jobs; kids not able to of wheat on the second square and 4 anybody in the world. As a matter of

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.102 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3253 fact, we are so good at that, that the the next chart here, because what the fice. And he and his administration un- Chinese have come here. They may next chart does is to show where we got derstood that we were becoming every still be here. They were here a few days our oil from and where we were getting day more dependent on foreign oil, and ago, and they were coming to try and it from when M. King Hubbert made his so they had a solution to the problem. see how we do it, because we are really prediction. When he made that pre- It turned out to be not the right solu- good at getting oil out of the ground. diction back here in 1956, we were get- tion, but at least they tried to do What that means, of course, is for the ting a tiny bit of natural gas liquids, something. You may remember those moment we are better off because with and we were getting about half of our days, and the philosophy was that the 2 percent of the world’s oil reserves, we oil from Texas and the other half from marketplace solves problems. And with are getting 8 percent of the world’s oil. the rest of the United States. unlimited resources, the marketplace So we are really maximizing the oppor- He predicted that by 1970 that we is great at solving problems. So they tunities we have from the oil that is would peak. And he did that because he theorized if we just gave our oil indus- available to us. rationalized that if you took each one try an excuse, an incentive to drill The next chart will show us one of of these little oil fields that was going more wells, that they would go out and the consequences of this, and I have to to follow a bell curve, and if you added drill more wells and they would find go back now about 6 decades to put up all the little bell curves, you would more oil. So we put in place a number what we are talking about in perspec- get one big bell curve for the whole of incentives to go out and drill more tive. country. And so with some confidence wells and, boy, it worked. There was apparently lots of oil he predicted, by estimating the addi- This was the rate at which we were available in the world at that time. We tional oil that we would find, he pre- drilling wells. And then after Reagan were awash in oil, and gasoline was dicted when we ought to peak. As a came in, notice how it shot up. Now, very cheap. I remember buying it at 6 matter of fact, we did peak in 1970. the green here represents the excess we gallons for a dollar. You could not do When we were falling down the other had compared to what we were pump- that today, no matter what the price of side of Hubbert’s Peak, we discovered ing. The red represents a deficit that crude oil was, because I think there is oil in Prudhoe Bay in Alaska; and we are now using more than we pump. $0.48 tax per gallon. there was a lot of oil there. There was And notice that the increased drilling hopes that this would solve our oil coincided with the beginning of a surge b 1700 problem. You see what it did? There is in red, which continued more and And then, obviously, there was a just a little blip in the slope down the more. And notice how drilling has fall- much lesser tax per gallon, because I other side of Hubbert’s Peak. That, by en off. remember buying gas, 6 gallons for a the way, represents about 25 percent of With us having only 2 percent of the dollar. our present production of oil. That is reserves and using 25 percent of the There was during the 1940s and 1950s, tailing off, as you see, because we are world’s oil and importing two-thirds of a scientist working for Shell Oil Com- now down pumping relatively the last what we use, and with oil at $50 a bar- pany named M. King Hubbert. He be- oil out of Prudhoe Bay. rel, you would think that with the big came quite an icon in that world be- I am sure, Mr. Speaker, that you can profits the oil companies have that cause he made a prediction in 1956 that remember all of the hullabaloo, I guess they would now be drilling a lot of the United States would peak in its oil is the best way to say it, about the wells. They are not drilling a lot of production; that we would reach a enormous oil finds in the Gulf of Mex- wells. Could that be because they have maximum capacity for pumping oil in ico. We were going to be home free. It some reasonable confidence that they this country in about 1970. He made was energy and oil for the foreseeable have probably found most of the oil that prediction 14 years before the date future. That is the little yellow seg- that is out there to find? at which he said it would happen. ment here. That is how much it The next chart shows us something He made that prediction because, as amounted to. very interesting. We are not the only a student of this technology, he had The next chart shows the discovery country in the world that uses oil. watched the exploitation and the deple- of oil. We have been talking so far China, of course, is a big user of oil. As tion of individual oil fields. He noticed about the production of oil, and the re- a matter of fact, they are now the that for every oil field the rate of pro- ality is that the world found its oil number two importer of oil in the duction increased and increased until many years before it produced oil. I world. I think they are the number two after it reached a peak, and then after hope there is a whole lot of oil out user of oil in the world. They just sur- it reached a peak it was more difficult there that we have not found; but by passed Japan, with 1.3 billion people to get, and so it fell down the other the time we finish this evening, I think that have some qualities that you can side of the slope, and it always followed you will agree that for our present sit- admire, because they are the qualities, a bell curve. uation and for the next few years, it at least some of the reason, that Amer- Here we have a bell curve. As a mat- really is not going to be of much mo- ica is the great country that it is. We ter of fact, that is the bell curve, the ment whether we find a whole lot more had a great work ethic. We had a great green there. That smooth green line is or not. I hope we do. I do not think the respect for education. And we have a bell curve that was predicted by M. industry expects that we will, because been the most innovative society in the King Hubbert. The more ragged green they are now awash in cash. And you world. line are the actual data points where may or may not know, they are not But now the Chinese are rivaling us they fell on that curve, remarkably spending a lot of that money on and maybe surpassing us in the work close to his predicted curve. prospecting. They believe that they ethic. And if you look at our schools, If we look at the next graph, and by have found much of the oil that is out particularly our technical schools in the way, before we look at that one, there to find. science math and engineering, you the red one here shows Russia. There This chart reflects worldwide. Our might conclude they had a little more are charts for a lot of countries, be- peak occurred well before this, but respect for technical education than we cause a number of countries have now worldwide the peak discoveries oc- have, because not only have they filled peaked in their oil production. curred back here in the mid-1960s, and the schools up in their country, and In this next one, the red one here now we are reaching the peak produc- they have some pretty good schools shows Russia, really the Soviet Union, tion about 40 years later. That is there now, but they are also about half and they kind of fell apart. And notice roughly what it was in our country, the students in our country. Their that the actual production did not fol- about 30 or 40 years later after we had economy has been growing at 10 per- low the predicted curve. They now are the maximum discoveries, then you cent a year. Last year, they increased capitalizing on that and they are hav- have the maximum exploitation and their demands for imported oil by ing a second little peak here, but it is the highest pumping of that oil. about 25 percent. I hope that does not still falling off. We were already 10 years down the continue, because if it does, the world Notice the blue lines here. We will slope of the other side of Hubbert’s is going to have an oil crunch or crisis talk about that in just a moment with Peak when Ronald Reagan came to of- a little sooner than it might otherwise.

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.103 H12PT1 H3254 CONGRESSIONAL RECORD — HOUSE May 12, 2005 This map of the world, and by the By the way, the Industrial Revolu- I would like to go back to the first way there is an interesting depiction tion almost floundered because we were chart that is on the board here now and here, and that is the green, which is stuck on wood for too long. England just spend a couple of minutes looking Russia. By the way, this should be col- was largely denuded of trees to fuel at this because this kind of tells us ored green over here too, right next to their furnaces for making steel, and we where we are or where we are shortly Alaska. Russia spans 11 time zones. largely denuded New England. I under- going to be in the future. This is They go almost halfway around the stand there are more forests in the New Hubbert’s Peak. By the way, we can world. And they have got a lot of oil England States, New Hampshire today, make this peak very steep. By com- over in what is called the Far East of than there was at the Revolutionary pressing the abscissa and expanding Russia, over here near the Sakhalin Is- War, because those trees had been cut the ordinate, you will make it a very lands. And China, this symbol here rep- and hauled to England for charcoal to steep peak. So whether it is steep or resents China’s negotiating with Rus- make steel. spread out just depends upon the scale sia, and they may very well build a But then we found coal, and look you use. Two percent growth. Notice pipeline from Russia’s Far East down what happened to the economy, be- that, at some point, as we near the to China, maybe on down to the Korean cause coal has a higher energy density peak that the 2 percent growth, and Peninsula, because the Russians have than wood. So the economy grew to that is the oil you would like to use. the oil and the Chinese need the oil. five times the size in terms of quadril- The blue down here is the oil that is Not only are they working there to lion Btus. available. Up until this time, all the oil get oil, but they are certainly several Then we discovered a fuel source, an we needed to use has been there. That places in the Middle East. They are in energy source even more convenient is pretty much where we are today; al- Africa. They have contracts in these than coal, and that was oil, and that is though there may be a bit less than we areas. And in many areas they are buy- the red line here. That is oil and gas, would like to use because oil is not $20 ing access to facilities to make sure because they frequently occur to- a barrel, it is $50 a barrel. That may re- that they will have more reasonable gether. Sometimes it is only gas if you flect an already recognized shortage or access to oil in the future. They are in are very deep, and the heat of the potential shortage. our back yard. They are in Colombia; Earth and time so that most of the oil As time goes on, you see the enor- they are in Venezuela. has now kind of been converted into mous variance between the oil that we By the way, they are talking about gas. But many of the other reservoirs would like to use and the oil that is building a canal across the Isthmus of have oil and the gas trapped above it, available to use. I would like to make Panama so they can move oil from one with a dome of rock over it so it holds a point that, if we use all the oil for side to the other to more quickly get it it. Otherwise, the gas would have our ordinary economic functions that to China. leaked out and the oil would have been is available to use, that we are They are in Brazil. They are in Ar- of poorer quality as a result of that. dooming ourselves to a very rough ride gentina. They are scouring the world in the future, because we will need a for oil. As a matter of fact, they have b 1715 bunch of energy, much of it from oil, to locked up the oil from the oil sands in You may have seen pictures of many develop the alternatives that will be Alaska, oil sands that I suspect we are oil wells in the past that had a big essential as we slide down the other counting on, because Canada is a big flame burning there at the well. That side of Hubbert’s Peak. So, at this exporter to the United States. But they is because of the natural gas that oc- point in time, we cannot use that much now have, I understand, a 40-year con- curred with the oil, and it was just a oil when we would like to be using that tract, locking up at least some of the product that they did not have any use much. We can only maybe use that production of the tar sands. And that for because you cannot put gas in a much oil, so we are going to be in a po- production may well drop off so that truck and haul it and so they just the oil available to them through this burned it off at the wellhead. Now, of sition, unless we can reduce our use of contract may be a major part of the oil course, we do not do that and gas is be- oil to about half of what it is now, we produced in Canada. coming a very precious commodity. are not going to have the energy avail- This is a reality that we must deal Notice that when we were using a lot able to invest in the alternatives so with. Although we are now big, using a of wood, we were using very little coal. that will ultimately free ourselves fourth of the oil in the world, China, When you looked at the energy use from this dependence on a diminishing with 1.3 billion people, with an econ- across our country in those days, very resource. omy growing at 10 percent a year, will little coal used and a lot of wood, but From our perspective in this country, double in 7 years. Our economy has soon there was a lot of coal and less our dependence on a resource that is been growing more or less 2 percent a wood because coal was more efficient. largely in foreign lands and much of year. We are pretty good at efficiency, And look how small oil was here when that, a great deal of that, as the Presi- so our use of oil has only been growing coal was a big, big factor. But then dent himself said, is in countries that at 2 percent. Even if our economy when we started using oil and found do not even like us and that may be grows a bit more than that, this 2 per- out how superior it was for many uses pretty terrible in expressing their atti- cent growth means it will take 35 years as compared to coal; why, the use real- tude toward us. before we double our use of oil. But ly shot up. There are many observers of this phe- China, at their 10 percent, will only go What is there on the horizon today nomenon of peak oil that do not be- 7 years before they double the use of that could take the place of oil when lieve that we as a country and we as a their oil. we have run down the other side and as society have either the wit or the will So when we look to the future, we we are running down the other side of to do the things that we really need to will have to recognize that there will Hubbert’s peak? The lower curve here, do to avoid a train wreck in the future. be a lot more people out there needing and we have here separated out the pe- I would just like to read from a few of oil and looking for oil than just the troleum and the natural gas so you do those. Some of these names you will United States. not have the big peak here. If you recognize because some of them are The next graph shows us something added these two together, it would be very prominent names. The first is pretty interesting. It goes back the red line there. We have many fewer from a Matt Savinar who wrote a trea- through history, and we go way back. years, just this little segment in here. tise, which I have here and you can Here we go back to the 1600s and the But notice at the bottom those things find it, Life After the Oil Crash. Just 1700s, and what this chart shows is the that we might look to for the future. do a Google search and go to Peak Oil development of the Industrial Age. The Nuclear, getting 20 percent of our elec- and you will find Matt Savinar and first energy source that we really tricity now, it is not a big percentage Life After the Oil Crash. I would en- learned how to use was fire and wood, of our total energy, but it is meaning- courage you, Mr. Speaker, to read that and that is the brown here. You see ful. And solar and wind, they are very if you have not. This is the way he be- that we developed an economy with little down here but these are the kinds gins his treatise. I almost put it down. wood. This shows how many quadril- of things that we need to look to for I said, This guy has to be a nut to say lion Btus were produced by wood. the future. this. This is what he said. I did not put

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.105 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3255 it down. I am glad I did not put it vestment banker in the world, Mat- alternatives that we are going to have down. I read it through. When I fin- thew Simmons, adviser of the Presi- to have if we are going to transition ished reading it through, I found it dent, widely known by many people in from the age of oil to the age of renew- very difficult to argue with his prem- both the economic area and in the oil ables. Ultimately, we are going to have ises unless we make a big, big effort in area. to make that transition. this country and worldwide to avoid ‘‘Simmons is a self-described lifelong Another expert, Lundberg. You have what he says will happen. This is how Republican. His investment bank, Sim- all heard of the Lundberg report on the he begins this article: mons & Company International, is con- price of gas. This is Jan Lundberg: ‘‘Dear Reader, sidered the most reputable and reliable ‘‘The scenario I foresee is that mar- ‘‘Civilization as we know it is coming energy investment bank in the world. ket-based panic will, within a few days, to an end soon.’’ ‘‘Given Simmons’ background, what drive prices up skyward.’’ That is enough to grab your atten- he has to say about the situation is That has not happened. But who tion or to convince you that, gee, this truly terrifying. For instance, in an knows when it may happen, when there guy is a nut, I don’t need to read that. August 2003 interview with From the is suddenly a realization that we are ‘‘This is not the wacky proclamation Wilderness publisher Michael Ruppert, not going to be able to increase the of a doomsday cult, apocalypse Bible Simmons was asked if it was time for production rate of oil. prophecy sect, or conspiracy theory so- peak oil to become part of the public ‘‘And as supplies can no longer slake ciety. Rather, it is the scientific con- policy debate and this was his answer: daily world demand of over 80 million clusion of the best-paid, most widely ‘‘ ‘It is past time. As I have said, the barrels a day,’’ it is now 84, ‘‘the mar- respected geologists, physicists and in- experts and politicians have no plan B ket will become paralyzed at prices too vestment bankers in the world. These to fall back on. If energy peaks,’’’ and high for the wheels of commerce and are rational, professional, conservative I think, and he believes, that energy even daily living in advanced societies. individuals who are absolutely terrified has peaked or will imminently peak. There may be an event that appears to by a phenomenon known as global peak As a matter of fact, he has a book com- trigger this final energy crash, but the oil.’’ ing out on the 15th. I hope it will be a overall cause will be the huge con- If this is true, Mr. Speaker, why have best seller. It is called Twilight in the sumption on a finite planet. ‘‘The trucks will no longer pull into you not been hearing about this? That Desert. It is a book about Saudi Ara- Wal-Mart or Safeway or other food is a very reasonable question to ask. bia. He believes, and there is pretty stores. The freighters bringing pack- There is an aversion to bringing bad good evidence, that Saudi Arabia has news. As a matter of fact, in ancient aged techno-toys and whatnot from now peaked in its oil production. The China will have no fuel. There will be Greece, the bearer of bad news fre- oil prince from Saudi Arabia was a quently paid with his life for the fact fuel in many places, but hoarding and week or two here visiting the Presi- uncertainty will trigger outages, vio- that he brought bad news, and politi- dent, you may remember. The Presi- lence and chaos. For only a short time cians frequently pay with their seat for dent was very anxious to extract the will the police and military be able to the bad news they bring the people. promise that Saudi Arabia would pump maintain order, if at all.’’ And since this was a problem where the more oil because $50 a barrel oil and I think we all know how thin the ve- sky probably was not going to fall on $2.25 for a gallon of gasoline is not good neer of civilization is. Just let the my term, let’s let the next guy deal for our economy. So it would be nice to lights go out in any of our major cities with it. have more oil which would bring the for a relatively short period of time We have in our country the tyranny price down and would help our econ- and you get some idea of how thin the of the urgent. In the business world, omy. You may have noted that the oil skin, the veneer of civilization is. I they always deal with what is urgent. prince did not, I think he could not, hope he is wrong. But after you read In dealing with the urgent, you may promise the President that he would Matt Savinar’s, and this is in Matt put off the important. The urgent increase oil production. Savinar’s article, after you read that thing for a business is to have a good ‘‘ ‘It is past time. As I have said, the whole article, you will find it difficult quarterly report. If you do not have a experts and politicians have no plan B as I did, Mr. Speaker, to dismiss that good quarterly report, your stock is to fall back on. If energy peaks, par- with a wave of a hand, because if it is going to drop, the board of directors ticularly while 5 of the world’s 6.5 bil- true that this is the reality, and it was may meet, and you may not have your lion people have little or no use of for the United States, why should it job. So you need to have a good quar- modern energy, it will be a tremendous not be true for the world? It was true terly report. Looking down the road to jolt to our economic well-being and to for England. They peaked. Several make the kind of investments that you our health, greater than anyone could countries have now peaked. It will be need to make in the event that ever imagine.’ true for the world one day. Everybody Hubbert and, by the way, I really need ‘‘When asked if there is a solution to admits that. The only difference of to emphasize something. M. King the impending crisis, Simmons re- opinion is when it will occur. Many be- Hubbert was dead right, right on, for sponded: lieve that we are now at peak or very the United States. He predicted it pre- ‘‘ ‘I don’t think there is one. The so- close to peak oil. These predictions, I cisely. Why should he not be right for lution is to pray. Under the best of cir- think, are made on the assumption the world? In 1973, he predicted that cumstances, if all prayers are an- that there will not be an adequate re- the world would peak in oil production swered, there will be no crisis for sponse. about the turn of the millennium. It maybe 2 years. After that, it’s a cer- One of the reasons I am here today, occurred a little bit later because he tainty.’’’ Mr. Speaker, is hoping that we can could not have anticipated the Arab oil I hope he is wrong. I hope that we in educate the American people, the peo- embargo and its consequences or the the United States and we in the world ple of the world, to this pending prob- oil price spike hikes or the worldwide recognize the impending crisis as our lem. By the way, another example of recession that occurred most largely demand for oil goes ever up and as the this tyranny of the urgent; in politics, because of the price of energy. So now oil available to us peaks. Are we here? it is very difficult to see beyond the we got about another 5 years. Some- Are we here? Where are we? We are next election. What political people body should have noticed that M. King somewhere near there. There are a lot tend to do are the things that will Hubbert was right about the United of experts who agree that we are some- maximize their vote total at the next States, and if he was right about the where near that. And then it starts election, and talking about peak oil is United States, maybe he could be right down the other side. There is this big probably not one of those things to about the world. And if he could be difference between what we would like make people feel good about their fu- right about the world, then should we to use and what is available to use, and ture. But I think that leadership has a not be doing something about the situ- I have already made the point that if responsibility. I want future genera- ation in the world? we use all the oil for our routine eco- tions when they look back on my gen- I was privileged to have lunch today nomic functions that is available to us, eration to say, Gee, they did the right with, I think, the largest energy in- there will be no energy to invest in the thing.

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.107 H12PT1 H3256 CONGRESSIONAL RECORD — HOUSE May 12, 2005 Another observer, Dr. Ted Trainer. world there would be more oil for us, oil consumption. Building nuclear By the way, we cannot see beyond the who knows, who knows what we might plants or wind farms to produce elec- next election very far. Somebody in do? tricity, for example, won’t add a barrel America, do you not think, Mr. Speak- Mr. Speaker, I have been very fortu- of oil to the world’s supply because we er, needs to be looking down the road? nate. I have never been placed in a sit- generally don’t use oil for electricity.’’ uation where I had to do this, but I am In a few moments, we are going to be b 1730 not sure what I would do if the life or talking about the real challenges we Who is that going to be if not the the health of my wife and children have in developing these alternatives. elected representatives of the people? were at risk. And I think we need to be It is not impossible, but it is going to And I think the people out there across very careful that we do the things we challenge the best of us. There is noth- this great country, Mr. Speaker, are need to do to create a future environ- ing like a challenge to sharpen the in- wise enough that they will accept the ment in which we will not be tempted tellect or give one the satisfaction of truth. We are an enormously innova- to do things that under other cir- achievement. And, boy, we had better tive and creative country. I think that cumstances we would be embarrassed sharpen a lot of intellects, and there is we can get by this. I think that we can to even think about. going to be a lot of satisfaction of have very high-quality lives using The chief economist at Morgan Stan- achievement if we get by this without much less energy, and I think that we ley recently predicted that we have a the rough ride that these authors in can create a brand-new economy 90 percent chance of facing ‘‘economic this report were making reference to. around all of the entrepreneurship, the Armageddon,’’ while stating, ‘‘I fear ‘‘Why is demand for oil rising?’’ And creativity, the inventions that are modern-day central banking is on the then they talk about China and India. going to have to be there when we go brink of systematic failure.’’ When We would like our economy to grow. As from these fossil fuels to renewables. somebody like the chief economist at a matter of fact, if our economy does Dr. Ted Trainer explains in a recent one of the world’s biggest banks makes not grow at least 2 percent a year, we article on the thermodynamic limita- a statement like that, it is not a sur- cannot service our debt. And the inter- tions of biomass fuels: ‘‘This is why I prise. Somebody like investment bank- est on our debt at today’s low interest do not believe consumer-capitalist so- er and Bush consultant Matt Simmons rates, pray they stay low, is almost as ciety can save itself. Not even its ‘in- has stated ‘‘the only solution is to large as all of the money that we spend tellectual’ classes or green leadership pray.’’ on the ordinary military. That does give any sign that this society has the There was a recent article in ‘‘Time’’ not include fighting the war: about $400 wit or the will to even think about the magazine. It was pretty near the cen- billion on the military, about $300 bil- basic situation we are in.’’ ter, kind of a center spread. It said: lion interest on the debt. So the inter- I hope, Mr. Speaker, as a result of ‘‘Why Gas Won’t Get Cheaper,’’ and est only has to go up about 30 percent this evening and several prior times I they asked several questions, and then and we are spending as much interest have been here, and I will be here they answered the questions. And in on the debt as we are for our military. again. I am an old teacher, Mr. Speak- broad terms, they were realistic in These are the big-ticket items. er. I taught for 24 years, and I had an their answers. Let me go through some Demand is rising. It will continue to adage that I believed in in teaching, of these because I think it is very in- rise. And if we have reached the peak, and that is that reputation is the soul structive. This is a major news medium then there is going to be a big dif- of learning. And for 12 years I taught which has now recognized that we may ference between what we would like to nursing students, and not one them be getting near this point. use and what there is available to use failed the board. And I think that is be- ‘‘Is the world running out of oil?’’ and who knows the geopolitical con- cause I had this philosophy that one And the answer is: ‘‘No.’’ We have got sequences of that? Who knows the never can spend too much time making half of all the oil that was ever there. stresses and strains in the world that sure that they understand something. That is not what is running out. will occur as a result of that and what So we are going to spend some time at World’s oil is not what is running out. this or that nation, including our own, this podium with the American people What is running out is cheap oil, read- by the way, might do? until we understand this. ily available, and high-quality oil. Next question: ‘‘Will technologies ‘‘This is why I do not believe con- That is running out. We are not going like hybrid cars, which run on a com- sumer-capitalist society can save to run out of oil for a long time, but we bination of gasoline and electricity, itself. Not even its ‘intellectual’ class- have run out or are about to run out of lower the price of oil?’’ And they incor- es or green leadership give any sign cheap oil, and we are about to run out rectly answer: ‘‘Eventually, yes.’’ I do that this society has the wit or the will of our ability to increase oil produc- not think that the author of this un- to even think about the basic situation tion. derstood that we are close to peak oil. we are in. As the above figures make So their next question is: ‘‘So cheap No, it is not going to decrease the price clear, the situation cannot be solved oil is now just part of history?’’ And of gas. If we have a massive effort at without huge reduction in the volume their answer is: ‘‘Correct.’’ Then they conservation and efficiency, what it is of consumption.’’ go on to explain why. going to do is to permit us to continue And that is what we have been talk- I was talking to the gentleman from to live well while we reduce our oil ing about. If we are here, we would like Michigan (Mr. DINGELL) the other day, consumption below this level so we to use oil at this level. We are going to the longest-serving Member of the have something to invest in the alter- have to use it at this level so that House here on this floor, who has natives. something remains, so that we can served here, I think, over 52 years, and ‘‘Will higher oil prices cripple the make the investments that we have got what he told me was we will never see U.S. economy?’’ And then he makes to make in renewables, or we are not $50-a-barrel oil again. Now, it may dip. reference to another article written by going to get there. Today I think it may be a bit below Howard Kuntsler, and it is in a book. In the February, 2005, issue of ‘‘Dis- $50. But what he meant was that oil is ‘‘The Long Emergency,’’ he calls it. cover’’ magazine, Dr. Smalley gave the really not going down to $25, $30, $40 a And it goes something like this: ‘‘Gaso- following diagnosis: ‘‘There will be in- barrel again; that it is going to go up line will soon get so expensive that flation as billions of people compete for from here. That is a recognition that most Americans simply won’t be able insufficient resources. There will be we are probably at this point where de- to afford it. Suburbs, strip malls, inter- famine. There will be terrorism and mand is going to exceed supply, and state highways, the infrastructure of war.’’ when that happens, a little bit of dif- the modern U.S. economy just won’t I hope not. But if we really permit ference, just a dip in supply, and we work anymore without cheap oil, and ourselves to get to this point where we have seen what happens to prices. the U.S. will have to reinvent itself or would like to have that much oil and ‘‘Will other sources of energy, like risk falling into decay.’’ That is a pret- there is only that much remaining and wind power or nuclear power, save the ty dire prophecy. we recognize that if we somehow de- day?’’ And then they make a very cor- What does ‘‘Time’’ magazine say nied oil to some other parts of the rect statement: ‘‘Only if they replace about that? This is what they say. It is

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.108 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3257 very interesting what they say. That that for $100, about $50 for the oil and provement over whale oil, by the way, dire prophecy, though, is really all maybe $50 to refine it and transport it which is what we had before coal oil. about timing. What they are really to something a gallon for gasoline It was called coal oil because we saying is if we do not take the right ac- times 40 is about $100. For $100 one can made it from coal. But then we were tions at the right time, that could very now buy the energy equivalent worth able to make kerosene from oil, and well happen. That is what they mean. of 12 men, or women, 12 people working that was cheaper and easier to make, This is all about timing. If we now ag- for them all year long, and they bought so nobody used coal oil any more. We gressively pursue a program of con- that for $100. That is the challenge—we may be back using coal oil. After con- servation and efficiency and developing have to find something that cheap. And version with a 2 percent growth it lasts renewables, we will have a less rough one will say $50 a barrel is not cheap, just about 50 years. ride through this crisis. that $2.25 a gallon for gas is not cheap. We really need to use oil. It is dirty, It is really quite lamentable that we But gas is still cheaper than water in big environmental challenges, got to have now blown 25 years. We very well the grocery store, is it not? The chal- get the sulfur out of it. But still there knew we were on the downside of lenge is to find something with that is energy there and we need to use that Hubbert’s Peak in 1980. We should have kind of energy density. energy. But coal, we have to be careful then begun to make the investments in Let me give another little illustra- now. These are resources that are fi- the alternatives that would make their tion that people may be able to iden- nite. When they are gone, they are use a realistic replacement for oil tify with because almost all of us drive gone. So we need to plan a future in today. Today we have a very steep hill cars. We drive a Prius, since 2000. A few which we use coal and all of the other to climb. weeks ago we had four people, and we of these finite resources in the wisest I would like to put the next chart up were going down into West Virginia, up possible way. which shows energy density. This gives some mountains down there. We got The next chart I want to look at us some idea of the challenges that we lousy mileage going up the mountain. something that is really very reveal- face here as we look to what is going to We have instantaneous mileage on the ing. There is a lot of talk about eth- take the place of gas and oil. And this Prius so we could see what we were anol and ethanol could replace gaso- lists a number of things that we can getting. And our mileage was only 20 line. Well, yes and no. burn and get energy from and how miles per gallon. But I thought about Here we have petroleum. You start much energy there is. Domestic refuse, that. One gallon of gasoline. Members out with petroleum and you end up it does not have much. It is wet, and it know how big it is. A gallon of milk in down here with 1 million Btus of gaso- has got a bunch of stuff in it that will the grocery store. One gallon of gaso- line at the refueling station. This is all not burn. But many places are burning line took four people and their luggage the energy inputs you have to put into it to get electricity, and the excess up a West Virginia mountain for 20 the several stages in going from recov- heat can now provide what is called miles. And I thought, Mr. Speaker, how ery, to transportation, to the refining ‘‘district heating.’’ By the way, we do long would it take me to pull my Prius facility and then transporting it to not need to be getting rid of this heat up 20 miles a West Virginia mountain? where you pick it up at the station. So in these big cooling towers and Now, obviously I cannot pull it up. I you get 1 million Btus out of the gaso- evaporating precious water. This heat am not strong enough. But I can get it line, but you had to use 1.23 million ought to be used for heating buildings up there with some mechanical advan- Btus of fossil fuel to get there, because and so forth. They do that all over the tage like a winch that is built into the you have got to expend energy all rest of the world. We need to do more little thing we call a ‘‘come-along’’ and along this transportation and conver- of that in this country. hook it to the guardrail or trees and by sion route. Here is brown coal. That is a cheap and by, if I did it in 90 days, and one Now, if we look at ethanol, and we coal that has a very low energy den- can calculate out how far they would end up with the same thing, 1 million sity. Straw, we are talking about burn- have to pull the car in a day, they Btus of ethanol, it is going to be a big- ing biomass, pretty low energy density. would be pretty good if they got it up ger volume, by the way. You remember If we burn enough straw and soybean that 20 miles of mountain in 90 days. the energy density? Ethanol has a stubble and so forth, we can get some lower energy density than gasoline. energy from it, enough sawdust. Dung, b 1745 But we made them equivalent here be- in some countries they are burning That is the equivalent of the 20 years cause we are talking about 1 million dried dung to heat themselves. We used of effort from a single 20,000 man-hours Btus, so we can compare them, we are to do that out in the West. Cow chips, of effort, about 24 years of man work comparing apples to apples here. I think they called them. Buffalo chips. that you get from one barrel of oil. So Now we start with solar energy, and They picked them up and burned them we have a big challenge in getting a re- that is going to make the corn grow there. placement that has the energy density. that we plant, and these are all the Wood, 16.2 gigajoules per ton. Black I would like to look at one possible things that go into corn. We are going coal, better than wood, 50 percent bet- replacement, and that is coal. We have to look at that in a moment. That is ter than wood. Coke, even better. Eth- a lot of coal. You hear 500 years. That really interesting. Then we have to anol, notice that the ethanol that we is not true, but we have about 250 years transport the corn, and we have to would like to have more of because it of coal at present use rates, about 250 produce the ethanol, we have to trans- replaces gasoline has nowhere near the years at current use rates. That is no port the ethanol to where we are going energy density of gasoline because here growth. to use it. is petrol down here at 46 and ethanol Remember those exponential curves But notice that for every 1 million has less. But, nevertheless, we will talk that we looked at a while ago? Just 1.1 Btus of ethanol we have at the pump, in a few minutes about ethanol. It is percent growth, and that comes down we have put in about three-fourths of a still a really good idea. to 125 years. Two percent growth, the million Btus of fossil fuel to get there. Crude oil; diesel; petrol, automotive curves we have been looking at, we are Obviously you would not have to use petrol; naptha; aviation fuel, higher oc- down to under 100 years. But you can- the fossil fuel, you could use corn en- tane, more energy; and natural gas, not put a trunk load of coal in your car ergy, ethanol energy, but that is going more hydrogen and still more energy. and go up the mountain. You have to to further depreciate your yield here, is I would like to give just a little anec- convert it into something where you it not? Tonight, 20 percent of the world dotal illustration of how important en- can use it, so it is going to take some will go to bed hungry, and so our limits ergy density is. One barrel, which is 42 energy to convert it. It has to be a liq- to transmute food into energy are obvi- gallons, of crude oil has the energy uid or gas, and you can make both. ously going to be limited if we would equivalent of 25,000 manhours of effort. When I was a little boy, the things like to continue to feed the world. From 8 years with IBM and writing a we burned in the lamps, we had no elec- What is on the bottom here in this lot of proposals, I know that 2,060 is a tricity when I was a child, and we little pie is really interesting. This is man-year. So this is about 12 man- burned coal oil. I kept calling it coal the energy that goes in to producing a years of effort. What that means is oil for a long time. That was a big im- bushel of corn. It could be a bushel of

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.110 H12PT1 H3258 CONGRESSIONAL RECORD — HOUSE May 12, 2005 soybeans or a bushel of wheat. With produce a ton of this or a bushel of Well, we will come to the floor an- soybeans, by the way, you need less ni- that than perhaps any other country in other hour and spend most of that time trogen here because they are a legume the world. But we do that because we talking about these renewable sources. and they have little nodules on their have these very large tractors that I hope to have with me then, we had roots and they get nitrogen from the burn a lot of oil. five people here last evening, this is a atmosphere. But this is corn. It is There is a trade-off here. The fewer getaway day, they have gone home. going to be typical of wheat and rice. man-hours you use, the more energy The next time it will not be, and we Nearly half of all the energy that you are probably going to have to use. will have a number of people here, and goes into producing corn comes from So although we have the most efficient we will have a good time talking about nitrogen, and nitrogen today comes al- agriculture in the world in terms of all of these renewables, the challenges most exclusively from natural gas. man-hours of effort needed to produce and the opportunities there. a crop, we may have close to the most Mr. Speaker, before we knew how to f get nitrogen from natural gas, we only inefficient agriculture in the world in got it in three places, nitrogen fer- terms of energy in and energy out. CORRECTION TO THE CONGRES- tilizer. We got it from barnyard ma- As a matter of fact, the food you eat, SIONAL RECORD OF MAY 11, 2005, nures, and they were pretty limited. which, by the way, each helping trav- AT PAGE H3197 The farmer might have a good garden if eled an average of 1,500 miles before it By Mr. HENSARLING (for himself, Mr. he concentrated his manures on the got to your plate this evening, the food RYAN of Wisconsin, Mr. CHOCOLA, Mr. garden. But for his fields he had to rely you eat is quite literally energy be- COX, Mr. AKIN, Mr. BARRETT of South on what we called rotation farming. cause of all of the energy that it took Carolina, Mr. BARTLETT of Maryland, You planted grass and legumes, the to put in to that food. Mr. BEAUPREZ, Mr. BISHOP of Utah, legumes fixed nitrogen and put it in The next chart looks at some of the Mrs. BLACKBURN, Mr. BRADY of Texas, Mr. BURGESS, Mr. BURTON of Indiana, the soil, and after several years you alternatives. We need to come back, Mr. Speaker, and spend more time, be- Mr. CANNON, Mr. CARTER, Mr. plowed up the sod and you planted corn CHABOT, Mr. COLE of Oklahoma, Mrs. for one year. That sucked most of the cause we really need to spend a lot of time on this chart, because if these CUBIN, Mr. MARIO DIAZ-BALART of nitrogen out of the ground, so you were Florida, Mr. ENGLISH of Pennsyl- dire predictions that we read earlier back in grass and legumes again until vania, Mr. FEENEY, Mr. FLAKE, Ms. are not going to come true, we have you stored enough nitrogen to get an- FOXX, Mr. FRANKs of Arizona, Mr. other corn crop. got to pay attention to this chart. GARRETT of New Jersey, Mr. There are finite resources. We men- Today we use natural gas to get ni- GINGREY, Mr. GOHMERT, Mr. GOODE, tioned the tar sands and the oil shales. trogen and without natural gas to get Mr. GUTKNECHT, Ms. HART, Mr. A lot of oil there that is not very good, HERGER, Mr. HOEKSTRA, Mr. nitrogen, I will let you, Mr. Speaker, very expensive to get out. You may HOSTETTLER, Mr. JINDAL, Mr. SAM draw your own conclusions as to how spend almost as much energy getting it JOHNSON of Texas, Mr. JONES of difficult it would be to feed the world, out as you get out of it, so there is not North Carolina, Mr. KING of Iowa, because you see the enormous amount Mr. KLINE, Mr. MACK, Mr. MCHENRY, a big energy profit ratio there. of energy that comes in through nat- Then coal, we have talked about coal. Mr. MILLER of Florida, Mrs. MUSGRAVE, Mrs. MYRICK, Mr. ural gas and nitrogen. Nuclear, we really need to look at NEUGEBAUER, Mr. NORWOOD, Mr. Then there is hauling, that is oil; nuclear. There are three forms of nu- purchased water, you probably pump OTTER, Mr. PENCE, Mr. RADANOVICH, clear. Fusion is one that will get us Mr. ROHRABACHER, Mr. ROYCE, Mr. that with maybe some oil and gas for home free. I do not think that is very RYUN of Kansas, Mr. SESSIONS, Mr. energy. Chemicals. Many of the chemi- probable. In spite of that, I support all SHADEGG, Mr. SOUDER, Mr. TANCREDO, cals that are used in farming come the money, about $300 million a year I Mr. TURNER, Mr. WESTMORELAND, Mr. from a petroleum base. think we spend in that sector. Because HAYWORTH, and Mr. BACHUS): By the way, there is something we if we really are able to get fusion, en- H.R. 2290. A bill to reform Federal budget have not talked about, Mr. Speaker, ergy, and that is what the sun does, by procedures, to impose spending safeguards, very important. There is an enormous to combat waste, fraud, and abuse, to ac- the way, and most of the energy we use count for accurate Government agency costs, petrochemical industry out there. In a comes from the sun. All of the gas, all very real sense, oil, and particularly and for other purposes; to the Committee on of the oil, all of the coal if you believe the Budget, for a period ending not later gas, are too good to burn. We live in a in a biogenic source, of that, and most than July 11, 2005, and in addition to the plastic world, and all of these things, people do, came from the sun, which Committees on Rules, Ways and Means, Ap- lipstick, all of these things, come from shone a while ago. propriations, and Government Reform, for a oil. There are other sources, but they Hydropower comes from the sun. The period to be subsequently determined by the are not as convenient and nowhere sun lifts water, it falls on the moun- Speaker, in each case for consideration of near as cheap. So many of the chemi- tain and runs through the turbine and such provisions as fall within the jurisdic- cals come from oil. produces power. Direct solar, the wind tion of the committee concerned. Custom work. His tractor was built blows because of differential heating. f with oil. It ran on oil. There is a lot of Ocean energy, differential tempera- LEAVE OF ABSENCE oil there. Natural gas, that is all fossil tures in the ocean. Of course, you have fuels. Electricity, that could have been some ocean energy from the tides. The By unanimous consent, leave of ab- produced with oil or gas. Liquid pro- only potential source of energy free sence was granted to: pane gas to dry the corn probably. from the sun is the moon; very diffuse, Mr. BERMAN (at the request of Ms. Then gasoline itself, diesel. hard to harvest that. PELOSI) for today on account of official We are not even free of the need for Fission. Two kinds of fission. We business. oil when you come to lime and phos- have light water reactors, 20 percent of Ms. SOLIS (at the request of Ms. phate and potash, these nutrients you our electricity. The French produce PELOSI) for today on account of official have to put on the soil in addition to about 70 to 80 percent of their elec- business. your nitrogen to grow the crop, be- tricity with nuclear and they have Mr. HONDA (at the request of Ms. cause we had to mine those, and haul breeder reactors. PELOSI) for today after 1:00 p.m. those. We needed energy for all that, At another time, Mr. Speaker, we Mr. BECERRA (at the request of Ms. and a great deal of that energy came need to talk about breeder reactors. If PELOSI) for today on account of official from oil. we are going to get serious about nu- business. So you can see how much our food, in clear, we are going to have to go to f a very real sense, Mr. Speaker, the food breeder reactors, because there is not you eat is oil. And in our country, just much fissionable uranium in the world. SPECIAL ORDERS GRANTED a word about agriculture in our coun- If we all need to go to nuclear it will By unanimous consent, permission to try. We brag we have the most efficient run out quicker than coal, quicker address the House, following the legis- agriculture in the world. That is be- than oil, quicker than gas. So we need lative program and any special orders cause we spend fewer man-hours to to talk about breeder reactors. heretofore entered, was granted to:

VerDate Aug 04 2004 04:14 May 13, 2005 Jkt 039060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.111 H12PT1 May 12, 2005 CONGRESSIONAL RECORD — HOUSE H3259 (The following Members (at the re- Commission, transmitting the Commission’s REPORTS OF COMMITTEES ON quest of Ms. WOOLSEY) to revise and ex- final rule — Implementation of the Satellite PUBLIC BILLS AND RESOLUTIONS Home Viewer Extension and Reauthorization tend their remarks and include extra- Under clause 2 of rule XIII, reports of neous material:) Act of 2004; Procedural Rules — received April 28, 2005, pursuant to 5 U.S.C. committees were delivered to the Clerk Ms. WOOLSEY, for 5 minutes, today. 801(a)(1)(A); to the Committee on Energy and for printing and reference to the proper Mr. DEFAZIO, for 5 minutes, today. Commerce. calendar, as follows: Mr. SCHIFF, for 5 minutes, today. 1972. A letter from the Acting Bureau Mr. LEWIS of California: Committee on Mr. PALLONE, for 5 minutes, today. Chief, CGB, Federal Communications Com- Appropriations. Report on the Suballocation Mr. HINOJOSA, for 5 minutes, today. mission, transmitting the Commission’s of Budget Allocations for Fiscal Year 2006. Mr. CONYERS, for 5 minutes, today. final rule — Truth-in-Billing Format [CC (Rept. 109–78). Referred to the Committee of Mr. MCDERMOTT, for 5 minutes, Docket No. 98-170] National Association of the Whole House on the State of the Union. State Utility Consumer Advocates’ Petition today. f (The following Members (at the re- for Declaratory Ruling Regarding Truth-in- Billing [CG Docket No. 04-208] received April quest of Mr. GILCHREST) to revise and PUBLIC BILLS AND RESOLUTIONS 28, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to Under clause 2 of rule XII, public extend their remarks and include ex- the Committee on Energy and Commerce. traneous material:) 1973. A letter from the Legal Advisor to the bills and resolutions were introduced Mr. DENT, for 5 minutes, today. Bureau Chief, Media Bureau, Federal Com- and severally referred, as follows: Mr. GUTKNECHT, for 5 minutes, May munications Commission, transmitting the By Mr. ROYCE (for himself, Mr. KAN- 19. Commission’s final rule — Amendment of JORSKI, Mr. LATOURETTE, Mrs. Ms. FOXX, for 5 minutes, today. Section 73.202(b), Table of Allotments, FM MALONEY, Mr. TANCREDO, Mr. SAND- Mr. NORWOOD, for 5 minutes, today. Broadcast Stations. (Lahaina and Waianae, ERS, Mr. BOEHLERT, Mr. GUTIERREZ, Mr. MCHENRY, for 5 minutes, May 17 Hawaii) [MB Docket No. 02-387; RM-10623) re- Mr. BURTON of Indiana, Mr. CASE, Mr. and 18. ceived April 27, 2005, pursuant to 5 U.S.C. BROWN of South Carolina, Ms. JACK- 801(a)(1)(A); to the Committee on Energy and SON-LEE of Texas, Mr. PAUL, Mr. f Commerce. CHABOT, Mr. CANNON, Mr. ADJOURNMENT 1974. A letter from the Assistant Bureau CUNNINGHAM, Mr. KUHL of New York, Chief for Management, International Bu- and Mr. SHERMAN): Mr. BARTLETT of Maryland. Mr. reau, Federal Communications Commission, H.R. 2317. A bill to modernize credit union Speaker, I move that the House do now transmitting the Commission’s final rule — net worth standards, advance credit union adjourn. 2000 Biennial Regulatory Review — Stream- efforts to promote economic growth, and The motion was agreed to; accord- lining and Other Revisions of Part 25 of the modify and ease credit union regulatory ingly (at 5 o’clock and 57 minutes Commission’s Rules Governing the Licensing standards and burdens, and for other pur- p.m.), under its previous order, the of, and Spectrum Usage by, Satellite Net- poses; to the Committee on Financial Serv- ices. House adjourned until Monday, May 16, work Earth Stations and Space Stations [IB Docket No. 00-248] received April 27, 2005, By Mr. GREEN of Wisconsin: 2005, at 12:30 p.m., for morning hour de- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 2318. A bill to amend title 18, United bates. mittee on Energy and Commerce. States Code, to provide increased penalties f 1975. A letter from the Chief, Policy and for sexual offenses against children, and for Rules Division, OET, Federal Communica- other purposes; to the Committee on the Ju- EXECUTIVE COMMUNICATIONS, tions Commission, transmitting the Com- diciary. ETC. mission’s final rule — Amendment of Parts 2 By Mr. WELLER: Under clause 8 of rule XII, executive and 90 of the Commission’s Rules to Provide H.R. 2319. A bill to amend the Internal Rev- for Narrowband Private Land Mobile Radio enue Code of 1986 to allow taxpayers to ex- communications were taken from the pense property eligible for bonus deprecia- Speaker’s table and referred as follows: Channels in the 150.05-150.8 MHz, and 406.1-420 MHz Bands that are Allocated for Federal tion; to the Committee on Ways and Means. 1967. A letter from the Chairman, Federal Government Use [ET Docket No. 04-243] re- By Mr. WELLER: Financial Institutions Examination Council, ceived April 27, 2005, pursuant to 5 U.S.C. H.R. 2320. A bill to amend the Internal Rev- transmitting the 2004 Annual Report of the 801(a)(1)(A); to the Committee on Energy and enue Code of 1986 to permanently extend the Appraisal Subcommittee, pursuant to 12 Commerce. 50-percent bonus depreciation added by the U.S.C. 3332; to the Committee on Financial 1976. A letter from the Office of the Gen- Jobs and Growth Tax Relief Reconciliation Services. eral Counsel, Federal Energy Regulatory Act of 2003; to the Committee on Ways and 1968. A letter from the Chief, Policy and Commission, transmitting the Commission’s Means. Rules Division, OET, Federal Communica- final rule — Regulations Governing the Con- By Mr. DOGGETT (for himself, Mr. tions Commission, transmitting the Com- duct of Open Seasons for Alaska Natural Gas GEORGE MILLER of California, Mr. mission’s final rule — Wireless Operations in Transportation Projects [Docket No. RM05-1- ABERCROMBIE, Mr. BACA, Mr. BAIRD, the 3650-3700 MHz Band [ET Docket No. 04- 000] received February 28, 2005, pursuant to 5 Mr. BECERRA, Mr. BISHOP of New 151] Rules for Wireless Broadband Services in U.S.C. 801(a)(1)(A); to the Committee on En- York, Ms. CORRINE BROWN of Florida, the 3650-3700 MHz Band [WT Docket No. 05-96] ergy and Commerce. Mr. BROWN of Ohio, Ms. CARSON, Mr. Additional Spectrum for Unlicensed Devices 1977. A letter from the Deputy General CONYERS, Mr. DAVIS of Illinois, Mrs. Below 900 MHz and in the 3GHz Band [ET Counsel for Equal Opportunity and Adminis- DAVIS of California, Ms. DELAURO, Docket No. 02-380] Amendment of the Com- trative Law, Department of Housing and Mr. EVANS, Mr. FATTAH, Mr. GENE mission’s Rules With Regard to the 3650-3700 Urban Development, transmitting a report GREEN of Texas, Mr. GRIJALVA, Mr. MHz Government Transfer Band [ET Docket pursuant to the Federal Vacancies Reform HASTINGS of Florida, Mr. HINCHEY, No. 98-237] received April 27, 2005, pursuant to Act of 1998; to the Committee on Govern- Mr. HINOJOSA, Mr. HONDA, Mr. JACK- 5 U.S.C. 801(a)(1)(A); to the Committee on ment Reform. SON of Illinois, Ms. JACKSON-LEE of Energy and Commerce. 1978. A letter from the Deputy General Texas, Mr. JEFFERSON, Ms. KAPTUR, 1969. A letter from the Legal Advisor, WTB Counsel for Equal Opportunity and Adminis- Mr. KILDEE, Ms. KILPATRICK of Michi- Broadband Division, Federal Communica- trative Law, Department of Housing and gan, Ms. LEE, Mrs. MCCARTHY, Ms. tions Commission, transmitting the Com- Urban Development, transmitting a report MCCOLLUM of Minnesota, Mr. mission’s final rule — Allocations and Serv- pursuant to the Federal Vacancies Reform MCDERMOTT, Ms. MILLENDER-MCDON- ice Rules for the 71-76 GHz, 81-86 GHz, and 92- Act of 1998; to the Committee on Govern- ALD, Mr. NADLER, Mr. OWENS, Ms. 95 GHz Bands [WT Docket No. 02-146] re- ment Reform. ROYBAL-ALLARD, Mr. RUSH, Mr. RYAN ceived April 28, 2005, pursuant to 5 U.S.C. 1979. A letter from the Architect of the of Ohio, Ms. LORETTA SANCHEZ of 801(a)(1)(A); to the Committee on Energy and Capitol, transmitting a report discussing the California, Mr. SANDERS, Ms. Commerce. AOC’s activities to improve worker safety SCHAKOWSKY, Ms. SOLIS, Mr. STARK, 1970. A letter from the Deputy Chief, Pol- during the fourth quarter of FY04, pursuant Mr. STRICKLAND, Mr. TIERNEY, Mr. icy and Rules Division, OET, Federal Com- to the directives issued in the 107th Congress TOWNS, Mrs. JONES of Ohio, Mr. VAN munications Commission, transmitting the First Session, House of Representatives Re- HOLLEN, Ms. WATSON, Mr. WAXMAN, Commission’s final rule — Cognitive Radio port Number 107-169; to the Committee on Ms. WOOLSEY, and Mr. WU): Technologies and Software Defined Radios House Administration. H.R. 2321. A bill to amend titles I and IV of [ET Docket No. 03-108; FCC 05-57] received 1980. A letter from the Chairman, Medicare the Employee Retirement Income Security April 27, 2005, pursuant to 5 U.S.C. Payment Advisory Commission, transmit- Act of 1974 to improve disclosure of the fund- 801(a)(1)(A); to the Committee on Energy and ting a copy of the Commission’s ‘‘Report to ing status of pension plans; to the Com- Commerce. the Congress: Medicare Payment Policy’’; mittee on Education and the Workforce. 1971. A letter from the Senior Legal Advi- jointly to the Committees on Ways and By Mr. DOGGETT (for himself, Mr. sor, Media Bureau, Federal Communications Means and Energy and Commerce. BACA, Mr. BECERRA, Mr. CARDOZA,

VerDate Aug 04 2004 02:17 May 13, 2005 Jkt 039060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K12MY7.114 H12PT1 H3260 CONGRESSIONAL RECORD — HOUSE May 12, 2005

Mr. CUELLAR, Mr. CULBERSON, Mr. By Mr. FOSSELLA (for himself, Mr. tion projects for the purpose of providing EDWARDS, Mr. GONZALEZ, Mr. AL STEARNS, Mr. BAKER, Mr. SHAW, Mr. comprehensive services with respect to the GREEN of Texas, Mr. GENE GREEN of PALLONE, Mr. TOWNS, Mrs. KELLY, problems of children who have been removed Texas, Mr. GRIJALVA, Mr. HALL, Mr. and Mr. SESSIONS): from environments in which methamphet- HINOJOSA, Ms. JACKSON-LEE of Texas, H.R. 2328. A bill to establish a grant pro- amine is unlawfully manufactured, distrib- Ms. EDDIE BERNICE JOHNSON of Texas, gram to provide follow-up treatment for uted, or dispensed; to the Committee on En- Mr. MCCAUL of Texas, Mr. MENENDEZ, children identified to have a vision disorder; ergy and Commerce. Mrs. NAPOLITANO, Mr. ORTIZ, Mr. to the Committee on Energy and Commerce. By Mr. COOPER: PASTOR, Mr. PAUL, Mr. PETERSON of By Mr. KIRK: H.R. 2336. A bill to extend the temporary Minnesota, Mr. POMEROY, Mr. REYES, H.R. 2329. A bill to permit eligibility in suspension of duty on DMSIP; to the Com- Ms. ROYBAL-ALLARD, Ms. LINDA T. certain circumstances for an officer or em- mittee on Ways and Means. SA´ NCHEZ of California, Ms. LORETTA ployee of a foreign government to receive a By Mrs. CUBIN (for herself and Mr. SANCHEZ of California, Mr. SERRANO, reward under the Department of State Re- CANNON): and Ms. SOLIS): wards Program; to the Committee on Inter- H.R. 2337. A bill to provide permanent H.R. 2322. A bill to designate the Federal national Relations. funding for the payment in lieu of taxes pro- building located at 320 North Main Street in By Mr. KOLBE (for himself, Mr. FLAKE, gram, and for other purposes; to the Com- McAllen, Texas, as the ‘‘Kika de la Garza Mr. GUTIERREZ, Mr. LINCOLN DIAZ- mittee on Resources. Federal Building‘‘; to the Committee on BALART of Florida, Mr. MARIO DIAZ- By Mrs. CUBIN: Transportation and Infrastructure. BALART of Florida, Mrs. NAPOLITANO, H.R. 2338. A bill to amend the Robert T. By Mr. FARR (for himself, Mrs. CAPPS, and Mr. PASTOR): Stafford Disaster Relief and Emergency As- Ms. WOOLSEY, Mr. LANTOS, Ms. H.R. 2330. A bill to improve border security sistance Act to direct the President to des- ESHOO, Mr. BERMAN, Mr. CASE, Mr. and immigration; to the Committee on the ignate a Small State Advocate in the Fed- HINCHEY, Mr. MCDERMOTT, Mr. Judiciary, and in addition to the Committees eral Emergency Management Agency; to the GEORGE MILLER of California, Mr. on Homeland Security, International Rela- Committee on Transportation and Infra- OWENS, Ms. ROYBAL-ALLARD, Ms. tions, Energy and Commerce, and Education structure. LINDA T. SA´ NCHEZ of California, Mr. and the Workforce, for a period to be subse- By Mrs. CUBIN: SHERMAN, Mrs. TAUSCHER, Mr. VAN quently determined by the Speaker, in each H.R. 2339. A bill to amend title II of the So- HOLLEN, Mr. GRIJALVA, Mr. FOLEY, case for consideration of such provisions as cial Security Act to provide for Congres- Mr. ABERCROMBIE, Mr. BLUMENAUER, fall within the jurisdiction of the committee sional oversight and approval of totalization concerned. Mr. SHAYS, and Mr. ISSA): agreements; to the Committee on Ways and H.R. 2323. A bill to establish a program of By Mr. WAXMAN (for himself, Ms. Means, and in addition to the Committee on research and other activities to provide for PELOSI, Mr. CLAY, Mr. CONYERS, Mr. Rules, for a period to be subsequently deter- the recovery of the southern sea otter; to the CUMMINGS, Mr. DOGGETT, Mr. mined by the Speaker, in each case for con- Committee on Resources. KUCINICH, Mr. LANTOS, Mr. LYNCH, sideration of such provisions as fall within By Mr. ANDREWS: Ms. MCCOLLUM of Minnesota, Mr. the jurisdiction of the committee concerned. H.R. 2324. A bill to amend title XVIII of the MCDERMOTT, Mrs. MALONEY, Ms. NOR- By Ms. DELAURO (for herself, Mr. LAN- ´ Social Security Act to extend coverage of or- TON, Ms. LINDA T. SANCHEZ of Cali- TOS, Mr. TIERNEY, Ms. BERKLEY, Mr. thopedic shoes under part B of the Medicare fornia, Mr. SANDERS, Ms. CAPUANO, Ms. HARMAN, Mr. LEWIS of Program to individuals without diabetes who SCHAKOWSKY, Ms. SLAUGHTER, Mr. Georgia, Mr. WEINER, Ms. SLAUGH- medically require them; to the Committee STARK, Mr. VAN HOLLEN, and Ms. TER, Ms. LINDA T. SA´ NCHEZ of Cali- on Energy and Commerce, and in addition to WOOLSEY): fornia, Ms. MCCOLLUM of Minnesota, the Committee on Ways and Means, for a pe- H.R. 2331. A bill to restore and strengthen Mr. GILLMOR, Mr. KENNEDY of Rhode riod to be subsequently determined by the the laws that provide for an open and trans- Island, Mr. SANDERS, Mr. KUCINICH, Speaker, in each case for consideration of parent Federal Government; to the Com- Ms. LEE, Mr. DOGGETT, Mr. FRANK of such provisions as fall within the jurisdic- mittee on Government Reform, and in addi- Massachusetts, Mr. BOUCHER, Mr. tion of the committee concerned. tion to the Committee on Homeland Secu- HOLDEN, Mr. POMEROY, Mr. RUSH, Mr. By Mr. KIND (for himself, Mr. DAVIS of rity, for a period to be subsequently deter- MCDERMOTT, Mr. CROWLEY, Mr. ABER- Florida, Mr. ETHERIDGE, Mrs. MCCAR- mined by the Speaker, in each case for con- CROMBIE, Ms. WATSON, and Mr. THY, Mr. CHANDLER, Mr. SMITH of sideration of such provisions as fall within the jurisdiction of the committee concerned. PLATTS): Washington, Mr. HOLT, Mrs. JONES of H.R. 2340. A bill to amend the Higher Edu- By Mr. BEAUPREZ (for himself, Mr. Ohio, Mr. PRICE of North Carolina, cation Act of 1965 to extend loan forgiveness UDALL of Colorado, Mr. HEFLEY, Ms. Mrs. DAVIS of California, Mrs. for certain loans to Head Start teachers; to TAUSCHER, Mr. CROWLEY, Mr. GON- BALDWIN, Mr. KIND, and Mr. UPTON): H.R. 2332. A bill to amend the National the Committee on Education and the Work- ZALEZ, Mr. DAVIS of Alabama, Mr. force. CASE, Ms. SCHWARTZ of Pennsylvania, Trails System Act to clarify Federal author- ity relating to land acquisition from willing By Mr. DOGGETT: and Ms. HERSETH): H.R. 2341. A bill to amend the Reclamation H.R. 2325. A bill to direct the National sellers for the majority of the trails in the System, and for other purposes; to the Com- Wastewater and Groundwater Study and Fa- Science Foundation to establish a competi- cilities Act to authorize the Secretary of the tive grant program for institutions of higher mittee on Resources. Interior to participate in the design, plan- education to enhance education and job By Mr. BURTON of Indiana (for him- ning, and construction of a project to re- training opportunities in mathematics, self, Mr. FRANK of Massachusetts, Mr. claim and reuse wastewater within and out- science, engineering, and technology; to the DELAHUNT, Mr. HINCHEY, and Mr. side of the service area of the City of Austin Committee on Science, and in addition to STARK): the Committee on Education and the Work- H.R. 2333. A bill to redesignate the Federal Water and Wastewater Utility, Texas; to the force, for a period to be subsequently deter- building located at 935 Pennsylvania Avenue Committee on Resources. mined by the Speaker, in each case for con- Northwest in the District of Columbia as the By Mr. FOSSELLA: sideration of such provisions as fall within ‘‘Federal Bureau of Investigation Building’’; H.R. 2342. A bill to amend title 46, United the jurisdiction of the committee concerned. to the Committee on Transportation and In- States Code, to treat as a passenger vessel By Mr. JONES of North Carolina (for frastructure. any vessel having berth or stateroom accom- modations for more than 399 passengers, to himself, Mr. BUTTERFIELD, Mr. MIL- By Mrs. CAPPS: require that such a vessel be equipped with a LER of North Carolina, Mr. PRICE of H.R. 2334. A bill to amend the Reclamation voyage data recorder, and to ensure reliable North Carolina, Mr. COBLE, Ms. FOXX, Wastewater and Groundwater Study and Fa- medical testing of vessel pilots, and for other Mr. MCINTYRE, and Mr. MCHENRY): cilities Act to authorize the Secretary of the H.R. 2326. A bill to designate the facility of Interior to participate in the design, plan- purposes; to the Committee on Transpor- the United States Postal Service located at ning, and construction of permanent facili- tation and Infrastructure. 614 West Old County Road in Belhaven, ties for the GREAT project to reclaim, reuse, By Mr. GENE GREEN of Texas: North Carolina, as the ‘‘Floyd Lupton Post and treat impaired waters water in the area H.R. 2343. A bill to amend title II of the So- Office’’; to the Committee on Government of Oxnard, California; to the Committee on cial Security Act to eliminate the 24-month Reform. Resources. waiting period for disabled individuals to be- By Mr. GEORGE MILLER of California By Mr. COOPER (for himself, Mr. come eligible for Medicare benefits; to the (for himself and Ms. SCHAKOWSKY): WAMP, Ms. JACKSON-LEE of Texas, Committee on Ways and Means, and in addi- H.R. 2327. A bill to impose a 6-month mora- Mr. ROSS, Mrs. CHRISTENSEN, Mr. tion to the Committees on Energy and Com- torium on terminations of certain plans in- TOWNS, Mr. MATHESON, Mr. CASE, Mr. merce, and Transportation and Infrastruc- stituted under section 4042 of the Employee FORD, Mr. PAYNE, Mr. ETHERIDGE, Mr. ture, for a period to be subsequently deter- Retirement Income Security Act of 1974 in KIND, Ms. HOOLEY, Mr. DAVIS of Ten- mined by the Speaker, in each case for con- cases in which reorganization of contrib- nessee, Mr. REICHERT, and Mr. MOORE sideration of such provisions as fall within uting sponsors is sought in bankruptcy or in- of Kansas): the jurisdiction of the committee concerned. solvency proceedings; to the Committee on H.R. 2335. A bill to amend the Public By Mr. HOLDEN (for himself, Mr. Education and the Workforce. Health Service Act to provide for demonstra- EVANS, Mr. EMANUEL, Mr. FOLEY,

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Mrs. DAVIS of California, Mr. SAND- H.R. 2351. A bill to provide for the safety case for consideration of such provisions as ERS, Mr. GRIJALVA, Mr. TOWNS, Mr. and security of United States railroads, pas- fall within the jurisdiction of the committee BISHOP of Georgia, Mr. OWENS, Mr. sengers, workers, and communities, and to concerned. REYES, and Mrs. MCCARTHY): establish an assistance program for families By Mr. UDALL of Colorado (for him- H.R. 2344. A bill to amend title 38, United of passengers involved in rail accidents; to self, Mrs. JO ANN DAVIS of Virginia, States Code, to provide for the payment of the Committee on Transportation and Infra- Mr. GORDON, Mr. KUCINICH, Mr. SCOTT dependency and indemnity compensation to structure, and in addition to the Committee of Virginia, and Mr. LARSON of Con- the survivors of former prisoners of war who on Homeland Security, for a period to be necticut): died on or before September 30, 1999, under subsequently determined by the Speaker, in H.R. 2358. A bill to enable the United the same eligibility conditions as apply to each case for consideration of such provi- States to maintain its leadership in aero- payment of dependency and indemnity com- sions as fall within the jurisdiction of the nautics and aviation, improve its quality of pensation to the survivors of former pris- committee concerned. life, protect the environment, support eco- oners of war who die after that date; to the By Mr. PAUL: nomic growth, and promote the security of Committee on Veterans’ Affairs. H.R. 2352. A bill to amend the Federal the Nation by instituting an initiative to de- By Mr. ISRAEL: Food, Drug, and Cosmetic Act to ensure that velop technologies that will enable future H.R. 2345. A bill to amend the Federal health claims for foods and dietary supple- aircraft with significantly lower noise, emis- Food, Drug, and Cosmetic Act to increase ments include accurate statements of the cu- sions, and fuel consumption, to reinvigorate criminal penalties for the sale or trade of rative, mitigation, treatment, and preven- basic and applied research in aeronautics and prescription drugs knowingly caused to be tion effects of nutrients on disease or health- aviation, and for other purposes; to the Com- adulterated or misbranded, to modify re- related conditions, and for other purposes; to mittee on Science. quirements for maintaining records of the the Committee on Energy and Commerce. chain-of-custody of prescription drugs, to es- By Ms. WATSON (for herself, Mr. HIN- By Mr. ROGERS of Michigan (for him- CHEY, Mr. SANDERS, and Ms. SLAUGH- tablish recall authority regarding drugs, and self, Mr. EHLERS, Mr. HOEKSTRA, Mr. for other purposes; to the Committee on En- TER): WOLF, Mr. BOUSTANY, Mrs. JOHNSON ergy and Commerce. H.R. 2359. A bill to establish minimum pub- of Connecticut, Mr. DENT, Mr. By Mr. JINDAL: lic interest requirements for multi-cast dig- HERGER, Mr. SHAYS, and Mr. PITTS): H.R. 2346. A bill to designate the facility of ital television channels; to the Committee H.R. 2353. A bill to make technical correc- on Energy and Commerce. the United States Postal Service located at tions to the Indian Gaming Regulatory Act, 105 NW Railroad Avenue in Hammond, Lou- By Ms. ZOE LOFGREN of California: and for other purposes; to the Committee on isiana, as the ‘‘John J. Hainkel Post Office H.J. Res. 49. A joint resolution proposing Resources. Building’’; to the Committee on Government an amendment to the Constitution of the By Mr. SENSENBRENNER (for himself Reform. United States regarding the appointment of and Mr. FRANK of Massachusetts): By Mr. KING of New York (for himself H.R. 2354. A bill to prohibit the Federal individuals to serve as Members of the House and Mrs. MCCARTHY): Communications Commission from requiring of Representatives when, in a national emer- H.R. 2347. A bill to revitalize suburban digital television tuners in television receiv- gency, a significant number of Members are communities, and for other purposes; to the ers; to the Committee on Energy and Com- unable to serve due to death, resignation, or Committee on Financial Services, and in ad- incapacity; to the Committee on the Judici- dition to the Committee on Ways and Means, merce. By Mr. SHADEGG (for himself, Mr. ary. for a period to be subsequently determined By Ms. ZOE LOFGREN of California AKIN, Mr. BARTLETT of Maryland, Mr. by the Speaker, in each case for consider- (for herself, Ms. WOOLSEY, Mr. STARK, CANNON, Mr. CARTER, Mr. COLE of ation of such provisions as fall within the ju- Mr. MCDERMOTT, and Mr. SERRANO): Oklahoma, Mr. COX, Mrs. CUBIN, Mr. risdiction of the committee concerned. H.J. Res. 50. A joint resolution proposing FEENEY, Mr. FLAKE, Mr. FRANKS of By Mr. LATHAM (for himself, Mr. an amendment to the Constitution of the Arizona, Mr. GUTKNECHT, Mr. KUHL of New York, Mr. WOLF, Mr. United States to abolish the Electoral Col- HENSARLING, Mr. HERGER, Mr. HOEK- CASE, Mr. KENNEDY of Minnesota, and lege and to provide for the direct election of STRA, Mr. HOSTETTLER, Mr. ISTOOK, Mr. MCCAUL of Texas): the President and Vice President of the Mr. JONES of North Carolina, Mr. H.R. 2348. A bill to amend the Controlled United States; to the Committee on the Ju- KENNEDY of Minnesota, Mr. KING of Substances Act to provide civil liability for diciary. illegal manufacturers and distributors of Iowa, Mr. LINDER, Mr. MCHENRY, Mr. By Mr. ISRAEL: controlled substances for the harm caused by MILLER of Florida, Mrs. MUSGRAVE, H. Con. Res. 151. Concurrent resolution the use of those controlled substances; to the Mrs. MYRICK, Mr. OTTER, Mr. PAUL, urging the Commandant of the Coast Guard Committee on Energy and Commerce, and in Mr. PENCE, Mr. PRICE of Georgia, Mr. to name an appropriate Coast Guard vessel addition to the Committee on the Judiciary, RADANOVICH, Mr. RENZI, Mr. ROHR- after Coast Guard Petty Officer Third Class for a period to be subsequently determined ABACHER, Mr. RYAN of Wisconsin, Mr. Nathan Bruckenthal; to the Committee on by the Speaker, in each case for consider- RYUN of Kansas, Mr. SENSENBRENNER, Transportation and Infrastructure. ation of such provisions as fall within the ju- Mr. SESSIONS, Mr. SOUDER, Mr. By Mr. BAIRD: risdiction of the committee concerned. WAMP, Mr. WELDON of Florida, Mr. By Ms. MOORE of Wisconsin: WICKER, Mr. WILSON of South Caro- H. Res. 275. A resolution recognizing and H.R. 2349. A bill to authorize the Secretary lina, and Mr. GREEN of Wisconsin): honoring the work of Southwest Washington of Health and Human Services to make H.R. 2355. A bill to amend the Public Independent Forward Thrust and its mem- grants to improve access to dependable, af- Health Service Act to provide for coopera- bers; to the Committee on Government Re- fordable automobiles by low-income fami- tive governing of individual health insurance form. lies; to the Committee on Ways and Means. coverage offered in interstate commerce; to By Mr. PLATTS: By Mr. MORAN of Kansas (for himself, the Committee on Energy and Commerce. H. Res. 276. A resolution supporting the Mr. HINOJOSA, Mr. MCHUGH, Mr. By Mr. SHAW (for himself and Mr. goals and ideals of Pancreatic Cancer Aware- BERRY, Mr. BISHOP of Georgia, Mr. CARDIN): ness Month; to the Committee on Govern- SHIMKUS, Mr. SANDERS, Mr. ROSS, Mr. H.R. 2356. A bill to amend title XVIII of the ment Reform. KIND, Mr. OTTER, Mr. PICKERING, Mr. Social Security Act to reform the Medicare By Mr. WICKER (for himself, Mr. BAR- PAUL, Mr. OSBORNE, Mr. MCINTYRE, physician payment update system through RETT of South Carolina, Mr. LINDER, Mr. OBERSTAR, Mr. DICKS, and Mr. repeal of the sustainable growth rate (SGR) Mr. GOHMERT, Mr. CARTER, Mrs. RENZI): payment update system; to the Committee CUBIN, Ms. FOXX, Mr. BARTLETT of H.R. 2350. A bill to amend title XVIII of the on Energy and Commerce, and in addition to Maryland, Mr. CHABOT, Mr. GUT- Social Security Act to provide for improve- the Committee on Ways and Means, for a pe- KNECHT, Mr. PITTS, Mr. GARRETT of ments in access to services in rural hospitals riod to be subsequently determined by the New Jersey, Mr. AKIN, Mr. MARIO and critical access hospitals; to the Com- Speaker, in each case for consideration of DIAZ-BALART of Florida, Mr. ISTOOK, mittee on Ways and Means, and in addition such provisions as fall within the jurisdic- Mr. PENCE, Mr. SAM JOHNSON of to the Committee on Energy and Commerce, tion of the committee concerned. Texas, Mr. CANTOR, Mr. FEENEY, Mr. for a period to be subsequently determined By Mr. SHUSTER (for himself, Mr. SHADEGG, Mr. MCHENRY, Mr. by the Speaker, in each case for consider- HOLDEN, Ms. HART, and Mr. SMITH of MARCHANT, Mr. TIAHRT, Mrs. MYRICK, ation of such provisions as fall within the ju- Texas): Mr. GOODE, Mr. DOOLITTLE, Mr. GOOD- risdiction of the committee concerned. H.R. 2357. A bill to protect American work- LATTE, Mr. COLE of Oklahoma, Mr. By Mr. OBERSTAR (for himself, Ms. ers and responders by ensuring the continued ROGERS of Michigan, Mr. BLUNT, Mr. CORRINE BROWN of Florida, Mr. commercial availability of respirators and to SESSIONS, Mrs. DRAKE, Mr. KING of CUMMINGS, Mr. BLUMENAUER, Mr. establish rules governing product liability Iowa, Mr. DAVIS of Kentucky, Mr. MENENDEZ, Mr. NADLER, Ms. NORTON, actions against manufacturers and sellers of NEUGEBAUER, Mr. MILLER of Florida, Mr. BISHOP of New York, Ms. respirators; to the Committee on the Judici- Mr. TAYLOR of Mississippi, Mr. MILLENDER-MCDONALD, Mr. WEINER, ary, and in addition to the Committee on En- BISHOP of Utah, Ms. GINNY BROWN- Mr. HOLDEN, Mr. CAPUANO, Mr. RA- ergy and Commerce, for a period to be subse- WAITE of Florida, Mr. NEY, Mr. HALL, and Ms. CARSON): quently determined by the Speaker, in each WAMP, Mr. BURTON of Indiana, Mr.

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ADERHOLT, Mr. JONES of North Caro- H.R. 817: Mr. FILNER, Mr. GEORGE MILLER H.R. 1492: Mr. BROWN of Ohio, Mr. lina, Mr. RENZI, Mr. POMBO, Mr. DUN- of California, Mr. ENGEL, Mr. SMITH of New RUPPERSBERGER, Mrs. BLACKBURN, Mr. CAN, Mr. CULBERSON, Mr. RYUN of Jersey, Mr. FERGUSON, Mr. TANCREDO, Mr. KOLBE, Mr. HINCHEY, Ms. KILPATRICK of Kansas, and Mr. BUYER): SHAYS, Mr. WEXLER, Mr. HOSTETTLER, Mr. Michigan, Mrs. NAPOLITANO, Mr. MCGOVERN, H. Res. 277. A resolution expressing the UPTON, Mr. DELAHUNT, Mr. SMITH of Texas, and Mr. STARK. sense of the House of Representatives that Mr. MCGOVERN, Mr. PENCE, and Ms. GINNY H.R. 1498: Mr. WICKER, Mr. MCCAUL of due to the allegations of fraud, mismanage- BROWN-WAITE of Florida. Texas, and Mr. REGULA. ment, and abuse within the United Nations H.R. 869: Mr. TIERNEY. H.R. 1499: Mr. MILLER of Florida, Mrs. MIL- oil-for-food program, the growing record of H.R. 870: Ms. JACKSON-LEE of Texas. LER of Michigan, Mr. REICHERT, Miss human rights abuses by United Nations per- H.R. 900: Ms. ROYBAL-ALLARD. MCMORRIS, and Mr. SMITH of New Jersey. sonnel in the Democratic Republic of the H.R. 963: Mr. MOORE of Kansas. H.R. 1522: Mr. CUMMINGS. Congo, and the lack of action by the United H.R. 985: Mr. SOUDER. H.R. 1547: Mrs. EMERSON and Mr. ROGERS of Nations in response to the genocide in the H.R. 986: Mr. TURNER. Michigan. Darfur region of the Sudan, Kofi Annan H.R. 994: Mr. ABERCROMBIE, Mr. FOSSELLA, H.R. 1552: Mr. WEINER. should resign from the position of Secretary Ms. ROS-LEHTINEN, Mr. GARRETT of New Jer- H.R. 1558: Mr. BERMAN and Mr. WEXLER. General of the United Nations to help restore sey, Ms. ZOE LOFGREN of California, Mr. H.R. 1585: Mrs. CHRISTENSEN, Mr. SHERMAN, confidence in the organization; to the Com- WALSH, Mr. DINGELL, Mrs. MCCARTHY, Mr. and Ms. BALDWIN. mittee on International Relations. BRADLEY of New Hampshire, Mr. CARNAHAN, H.R. 1588: Ms. ROYBAL-ALLARD, Ms. MCCOL- Mr. LARSEN of Washington, Mr. BOEHLERT, LUM of Minnesota, Mr. TIERNEY, and Mr. f Mr. MEEK of Florida, Mr. BACA, Mr. LUCAS, HASTINGS of Florida. and Mr. JENKINS. ADDITIONAL SPONSORS H.R. 1591: Mr. NADLER. H.R. 997: Mrs. MUSGRAVE, Mr. ROGERS of H.R. 1600: Mr. GRIJALVA. Under clause 7 of rule XII, sponsors Kentucky, Ms. HART, Mr. SODREL, Mr. H.R. 1602: Mr. COSTA and Mr. COBLE. were added to public bills and resolu- SOUDER, and Mr. OXLEY. H.R. 1606: Mr. CANNON. tions as follows: H.R. 1100: Mr. KING of Iowa and Mr. SUL- H.R. 1607: Mr. OXLEY. LIVAN. H.R. 1634: Mr. WICKER, Mr. EMANUEL, Mr. H.R. 21: Mr. MOLLOHAN. H.R. 1105: Mr. STUPAK. CALVERT, and Mr. DOOLITTLE. H.R. 22: Ms. ROS-LEHTINEN and Mr. GREEN H.R. 1106: Ms. SCHAKOWSKY. H.R. 1639: Ms. HERSETH. of Wisconsin. H.R. 1120: Mr. SIMMONS, Mr. MENENDEZ, and H.R. 1642: Mr. SHADEGG and Mr. COOPER. H.R. 66: Mr. HOEKSTRA. Mr. GORDON. H.R. 1649: Mr. LOBIONDO. H.R. 94: Mr. BOOZMAN. H.R. 1125: Mr. CAPUANO, and Mr. OWENS. H.R. 1652: Mrs. MCCARTHY, Mr. FRANK of H.R. 95: Mr. BURTON of Indiana, Mr. COSTA, H.R. 1150: Mr. SOUDER. Massachusetts, Mr. HASTINGS of Florida, Mr. Mr. BOSWELL, and Mr. TANCREDO. H.R. 1167: Mr. KUHL of New York, Mrs. JO ABERCROMBIE, Mr. MARKEY, Mrs. LOWEY, and H.R. 98: Mr. BARRETT of South Carolina. ANN DAVIS of Virginia, and Mr. MANZULLO. Mr. SABO. H.R. 111: Mrs. MILLER of Michigan, Mr. H.R. 1182: Mr. WEINER, Mr. KUCINICH, and H.R. 1654: Mrs. CUBIN. STEARNS, Miss MCMORRIS, Mr. SHUSTER, Mr. Mr. UDALL of New Mexico. H.R. 1658: Mrs. MUSGRAVE. LEWIS of Georgia, and Mr. DOOLITTLE. H.R. 1218: Mr. MENENDEZ and Mr. HOLT. H.R. 1671: Mr. PRICE of North Carolina. H.R. 1243: Mr. BOOZMAN, Mr. MCINTYRE, Mr. H.R. 123: Mr. FILNER. H.R. 1678: Mr. GARRETT of New Jersey. JOHNSON of Illinois, Mrs. EMERSON, and Mr. H.R. 136: Mr. DEAL of Georgia. H.R. 1696: Mr. KANJORSKI, Mr. CLEAVER, YOUNG of Alaska. H.R. 181: Mr. BILIRAKIS. and Mr. ORTIZ. H.R. 1245: Mr. BLUNT, Mr. SHIMKUS, Mr. H.R. 208: Ms. LEE. H.R. 1741: Mr. HOEKSTRA. FITZPATRICK of Pennsylvania, Mr. FRANKs of H.R. 282: Mr. BEAUPREZ, Mr. REYES, Mr. H.R. 1744: Mr. OWENS, Mr. BARTLETT of Arizona, Mr. ROYCE, Mr. PENCE, Mrs. CAPITO, JACKSON of Illinois, Mr. ROGERS of Alabama, Maryland, Mr. HOEKSTRA, Mrs. JO ANN DAVIS Mr. CONAWAY, Mr. LARSON of Connecticut, Mr. GRIJALVA, Mr. HIGGINS, Mr. MEEKS of of Virginia, Mr. SANDERS, Mr. WALSH, Mr. Mr. KELLER, Mr. ROGERS of Michigan, Mr. New York, Mr. FRANKs of Arizona, Mr. KIL- MOORE of Kansas, and Mr. MICHAUD. RADANOVICH, Mr. GARY G. MILLER of Cali- DEE, Mr. GINGREY, and Mr. HOYER. H.R. 1745: Ms. BALDWIN, Ms. GINNY BROWN- fornia, Mr. BARTLETT of Maryland, Mr. FARR, H.R. 303: Mr. MANZULLO. WAITE of Florida, and Mr. INSLEE. Mr. HYDE, Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 311: Mr. SANDERS and Mr. LEVIN. H.R. 1749: Mr. HERGER, Mr. DEAL of Geor- fornia, Mr. GOHMERT, and Mr. HAYES. H.R. 312: Ms. DELAURO, Mr. ENGEL, Mr. gia, Mr. BISHOP of Utah, and Mrs. CUBIN. H.R. 1288: Mr. JOHNSON of Illinois, Mr. SNYDER, Mr. FILNER, Ms. SCHAKOWSKY, Mr. H.R. 1806: Mr. MCGOVERN and Mr. FRANK of SPRATT, Mr. GILCHREST, Mr. DUNCAN, Mr. MCCOTTER, Mr. BRADY of Texas, Mr. Massachusetts. CUELLAR, Mr. PLATTS, Mr. BOREN, and Mr. BROWN of Ohio, Mr. EVANS, Mr. BURGESS, Mr. H.R. 1879: Mr. CHOCOLA. STRICKLAND. MCNULTY, Mr. UPTON, and Mr. BRADY of H.R. 1902: Mr. LIPINSKI, Mr. EMANUEL, Mr. H.R. 1308: Mr. SHUSTER, Mr. WEXLER, Mr. Pennsylvania. STARK, Mr. PASCRELL, Mr. MORAN of Vir- UPTON, and Mrs. MCCARTHY. H.R. 314: Mr. COSTA. ginia, and Mr. WEINER. H.R. 1312: Ms. CARSON, Mr. CONYERS, Ms. H.R. 369: Mr. UDALL of Colorado. H.R. 1931: Ms. ZOE LOFGREN of California SCHAKOWSKY, Ms. SLAUGHTER, Mr. STARK, H.R. 371: Mr. SESSIONS and Ms. BERKLEY. and Mr. OWENS. and Mr. VAN HOLLEN. H.R. 376: Mr. HASTINGS of Florida. H.R. 1946: Ms. HERSETH, Mr. KUCINICH, Mr. H.R. 1333: Mr. UDALL of Colorado, Mr. H.R. 438: Ms. HARMAN and Ms. LINDA T. MCDERMOTT, Mrs. MCCARTHY, Mr. SABO, and RAMSTAD, Mr. BISHOP of Georgia, Mr. KING of SA´ NCHEZ of California. Mr. HINCHEY. Iowa, Mr. TOM DAVIS of Virginia, Mr. FILNER, H.R. 444: Mr. CUMMINGS and Ms. WOOLSEY. H.R. 1954: Mrs. MCCARTHY. Mr. DUNCAN, Mr. KENNEDY of Rhode Island, H.R. 467: Mr. MEEKS of New York. H.R. 1957: Mr. WILSON of South Carolina, Mr. TIERNEY, Mr. SODREL, Mr. CONAWAY, Ms. H.R. 500: Mr. CHABOT. Mr. PRICE of Georgia, and Mr. RADANOVICH. HERSETH, Mr. PASTOR, Mr. MACK, and Mr. H.R. 503: Mr. WELDON of Pennyslvania and H.R. 1973: Mr. TOWNS. SABO. Mr. MCGOVERN. H.R. 2014: Mr. DOGGETT and Mr. ALEX- H.R. 1335: Mr. ORTIZ and Ms. CARSON. H.R. 515: Mr. WYNN. ANDER. H.R. 1352: Mr. DUNCAN. H.R. 517: Mr. FILNER, Mr. GUTKNECHT, Mr. H.R. 2018: Mr. PUTNAM and Mr. MCCAUL of H.R. 1355: Mr. ROYCE, Mr. ENGLISH of Penn- ROGERS of Alabama, Mr. PICKERING, Mr. Texas. sylvania, and Mrs. JO ANN DAVIS of Virginia. SALAZAR, and Mr. INSLEE. ERSETH URTON H.R. 1358: Mr. PRICE of North Carolina, Mr. H.R. 2034: Ms. H , Mr. B of In- H.R. 558: Ms. BALDWIN. OHNSON NORWOOD, and Mr. FOLEY. diana, and Mr. J of Illinois. H.R. 602: Ms. HERSETH. H.R. 1367: Mr. GRIJALVA. H.R. 2046: Mr. GUTIERREZ, Mr. BILIRAKIS, H.R. 615: Mrs. CAPITO, Mr. LATOURETTE, H.R. 1371: Ms. GINNY BROWN-WAITE of Flor- Mr. BROWN of South Carolina, Mr. MORAN of and Mr. JONES of North Carolina. ida. Kansas, Mr. MICHAUD, Ms. CORRINE BROWN of H.R. 669: Mr. MORAN of Virginia and Mr. H.R. 1376: Mrs. DAVIS of California, Ms. Florida, Mr. MILLER of Florida, Mr. BRADLEY PAYNE. MATSUI, Mr. GERLACH, Mr. KILDEE, Mr. DENT, of New Hampshire, Mr. STEARNS, Ms. H.R. 676: Mr. SERRANO. Mr. CAPUANO, and Mr. GEORGE MILLER of HOOLEY, Mr. UDALL of New Mexico, Mr. H.R. 700: Mr. WEXLER. California. EVERETT, Mr. SNYDER, Mr. STRICKLAND, and H.R. 731: Mr. MICHAUD. H.R. 1378: Mr. BOREN. Mr. HOLDEN. H.R. 793: Mr. SWEENEY. H.R. 1402: Mr. BOEHLERT, Mr. CAPUANO, Mr. H.R. 2060: Mr. HYDE, Mr. STEARNS, Mr. H.R. 799: Mr. VAN HOLLEN. PRICE of North Carolina, Ms. MCCOLLUM of HUNTER, Mr. WELDON of Pennsylvania, Mr. H.R. 800: Mr. ROHRABACHER and Mr. Minnesota, Ms. SCHAKOWSKY, Ms. BERKLEY, CUNNINGHAM, Mr. SWEENEY, Mr. WHITFIELD, SHIMKUS. Mr. KILDEE, and Mr. WEINER. Mr. WAMP, Mr. TAYLOR of North Carolina, H.R. 809: Mr. UPTON, Mr. SIMMONS, Mr. H.R. 1415: Mr. ENGEL and Mr. STARK. Mr. DUNCAN, Mr. CUMMINGS, Mr. SAM JOHN- PENCE, Mr. BISHOP of Utah, Mr. HASTINGS of H.R. 1447: Mr. HINCHEY and Ms. HERSETH. SON of Texas, Mr. GORDON, Mr. ABERCROMBIE, Washington, Mr. YOUNG of Alaska, Mr. BART- H.R. 1461: Mr. MCHENRY, Ms. ROS- Mr. TAYLOR of Mississippi, and Mr. CRAMER. LETT of Maryland, Mr. FRANKs of Arizona, LEHTINEN, and Mr. BLUNT. H.R. 2062: Mr. GERLACH, Mr. ENGLISH of Mr. ALEXANDER, Mr. SHIMKUS, Mr. SIMPSON, H.R. 1480: Mr. SCHIFF, and Mr. KENNEDY of Pennsylvania, and Mr. FITZPATRICK of Penn- Mr. OXLEY, and Mr. HAYES. Rhode Island. sylvania.

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H.R. 2068: Mr. EDWARDS, Mr. MCINTYRE, Mr. H. Con. Res. 145: Mr. SNYDER. H.R. 1650: Ms. LEE. TURNER, and Mr. BOUSTANY. H. Res. 76: Mr. REYES. H.R. 2074: Ms. HERSETH. H. Res. 121: Mr. FLAKE. f H.R. 2076: Mr. MARSHALL. H. Res. 123: Mr. OBERSTAR. H.R. 2088: Mrs. MUSGRAVE. H. Res. 200: Mr. KENNEDY of Rhode Island. H.R. 2107: Mr. WOLF. H. Res. 214: Mrs. MUSGRAVE. AMENDMENTS H.R. 2122: Mr. LEVIN. H. Res. 215: Mr. WAMP, Mr. KINGSTON, Mr. H.R. 2177: Mr. DAVIS of Kentucky, Mr. HERGER, Mr. COX, Mr. FLAKE, and Mr. Under clause 8 of rule XVIII, pro- PASCRELL, and Mr. RENZI. CARTER. posed amendments were submitted as H.R. 2183: Mr. SAXTON. H. Res. 243: Mr. DELAHUNT, Ms. HARRIS, and H.R. 2203: Mr. SOUDER. follows: Mrs. CUBIN. H.R. 2216: Mr. ISSA. H. Res. 245: Ms. JACKSON-LEE of Texas and H.R. 2233: Mr. LANTOS, Mr. MCGOVERN, Mr. H.R. 1544 Mr. LYNCH. LIPINSKI, and Mr. GUTIERREZ. H. Res. 261: Mr. NORWOOD, Mr. WHITFIELD, OFFERED BY: MR. WEINER H.R. 2248: Mr. RYAN of Ohio, Mr. BISHOP of Mr. DEFAZIO, Ms. ESHOO, Mr. ALEXANDER, Georgia, Mr. BOUCHER, Mr. TOWNS, Mr. AMENDMENT NO. 1: In title XVIII of the Mr. HASTINGS of Washington, and Mr. KEN- HOLDEN, and Ms. KAPTUR. Homeland Security Act of 2002, as proposed H.R. 2306: Mr. LIPINSKI. NEDY of Rhode Island. H. Res. 266: Mr. PASCRELL, Mr. DUNCAN, Ms. to be added by the bill, insert at the end the H.J. Res. 38: Mrs. LOWEY. following new section (and make such tech- H.J. Res. 41: Mr. DEAL of Georgia. SCHAKOWSKY, Mr. TERRY, Mr. INSLEE, Ms. nical and conforming changes as may be nec- H. Con. Res. 106: Mr. MARSHALL, Mr. WIL- WATSON, and Ms. ZOE LOFGREN of California. essary): SON of South Carolina, and Mr. SAM JOHNSON f of Texas. SEC. 18ll. LIMITATION ON NUMBER OF UASI H. Con. Res. 108: Ms. ESHOO, Mr. LARSEN of DELETIONS OF SPONSORS FROM GRANTEES. Washington, and Mr. DINGELL. PUBLIC BILLS AND RESOLUTIONS H. Con. Res. 128: Mr. TERRY and Mr. SHAW. In carrying out the Urban Area Security H. Con. Res. 141: Mr. ROHRABACHER. Under clause 7 of rule XII, sponsors Initiative, or any successor to such grant H. Con. Res. 144: Mr. BARTLETT of Mary- were deleted from public bills and reso- program, the Secretary may award not more land and Mr. MANZULLO. lutions as follows: than 50 grants for any fiscal year.

VerDate Aug 04 2004 04:14 May 13, 2005 Jkt 039060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\A12MY7.046 H12PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, THURSDAY, MAY 12, 2005 No. 62 Senate The Senate met at 9:30 a.m. and was MORNING BUSINESS come to the Senate to discuss my re- called to order by the President pro The PRESIDENT pro tempore. Under cess trip last week to the Middle East. tempore (Mr. STEVENS). the previous order, there will be a pe- As I mentioned yesterday, it was a fas- riod for the transaction of morning cinating experience that allowed me a PRAYER business for up to 60 minutes, with the firsthand glimpse of the complicated The Chaplain, Dr. Barry C. Black, of- first half of the time under the control challenges facing the region. At each of fered the following prayer: of the majority leader or his designee my stops I had the opportunity to meet Let us pray. and the last half under the control of with top officials, community leaders, Almighty God, our refuge and the Democratic leader or his designee. and I made a point of visiting with op- strength, a very present help in the f position candidates. With each con- time of trouble, we thank You that versation I became more convinced RECOGNITION OF THE MAJORITY You have set the star of hope in our that despite the deep differences that LEADER life’s sky, that in the darkness we can divide them, each party wants peace, see Your brightness, that in times of The PRESIDENT pro tempore. The wants prosperity, and each side knows shadow we can enjoy Your leading and majority leader is recognized. that dialog is the way forward. guiding. f Tuesday I spoke of my meetings in Lord, yesterday we were again re- SCHEDULE Israel. Yesterday I reported on my visit minded that life is fragile. As alarms to the West Bank. Today I will briefly Mr. FRIST. Mr. President, this morn- sounded and brave people prepared for comment on my time in Cairo, Egypt. ing we will have a 1-hour period for the We arrived on May 5 to a jampacked the worst, we could sense the uncer- transaction of morning business. Fol- tainty of our existence. Remind us city of over 20 million people. We first lowing that time, we will begin an hour met with President Hosni Mubarak, a daily that human flesh is as fleeting as of debate prior to the vote on invoking fading flowers and withering grass. lively and engaged and obviously well- cloture on the substitute amendment informed man. We had an open and Teach us to number our days, to labor to the highway bill. Senators can ex- not simply for time but for eternity. frank discussion about many of the pect the cloture vote to begin some- issues facing the country, as well as Protect our Senators in their going time between 11:30 and 11:45 this morn- out and coming in, in their rising up the region at large. ing. I expect cloture will be invoked In particular, President Mubarak ex- and lying down. Give them the wisdom and we will then be on a glidepath to to believe that nothing can separate pressed his strong belief in American finishing the bill. Once cloture is in- leadership in the issues surrounding them from Your love. In a special way, voked, if invoked, I will be consulting the Israeli-Palestinian peace efforts. bless our Capitol Police who daily with Chairman INHOFE and the Demo- We both agreed America is uniquely labor with courage, competence, and cratic leader to determine how much positioned to help both the Israelis and commitment. work is left before we are able to com- the Palestinians bridge their dif- We pray this in Your powerful Name. plete the bill. Amen. I anticipate votes on amendments ferences. We also agreed Egypt is crit- throughout the day today and into the ical to advancing this peace. As the re- f evening, if necessary, to bring the bill gional Arab power broker and the first to a close. Although a large number of Arab country to make peace with PLEDGE OF ALLEGIANCE amendments were filed to the highway Israel, this will be particularly true in The PRESIDENT pro tempore led the bill yesterday, I believe Members will the period following Israel’s disengage- Pledge of Allegiance, as follows: show restraint and not offer many of ment from Gaza. I pledge allegiance to the Flag of the those that were submitted to the desk. There is great concern among Israelis United States of America, and to the Repub- We are closing in on our second week that once they withdraw, Gaza will be lic for which it stands, one nation under God, of consideration of the highway bill used as a platform to launch attacks indivisible, with liberty and justice for all. and I look forward to completing the into Israel. President Mubarak stressed bill and getting this measure to con- to me his commitment to keep this f ference as quickly as possible. from happening. He stressed it is in Egypt’s own interest to prevent Gaza f RESERVATION OF LEADER TIME from descending into chaos and law- The PRESIDENT pro tempore. Under VISIT TO CAIRO, EGYPT lessness. That is why his country is the previous order, the leadership time Mr. FRIST. Mr. President, the past 2 prepared to field a border security is reserved. days I have taken the opportunity to force of 750 guards to stop weapons

∑ 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 Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.000 S12PT1 S5008 CONGRESSIONAL RECORD — SENATE May 12, 2005 smuggling into Gaza and to prevent tors and nurses and other health pro- Throughout my campaign, and each other criminal acts. fessionals. I was also taken to the pedi- time I have been home this year, folks We also discussed the upcoming atric intensive care unit where dedi- in South Carolina have told me how fu- Egyptian Presidential elections. Presi- cated health professionals worked to rious they are that the President’s dent Mubarak has asked his legislature keep premature babies and at-risk nominees are being denied a vote. for a change in the Constitution to newborns healthy. Their determination Democrats have chosen to throw 200 allow multiple candidates to run for was inspiring, especially surrounded as years of tradition out the window by the Presidency. This is an important they were by less-than-ideal conditions refusing to give judicial nominees a step toward full democracy. I applaud in downtown Cairo. vote, and Americans are simply tired of his efforts. I am disappointed, however, All in all, I came away from my stop the partisan obstruction. by reports that the Constitutional in Egypt convinced that this historic Before I was elected, I said the Sen- amendment just approved by Egypt’s country has the potential to set a posi- ate had become a ‘‘graveyard of good upper house requires Presidential can- tive example for the rest of the Middle ideas’’ due to partisan liberal obstruc- didates to meet certain conditions to East, and it is doing so. Egypt has been tion. Unfortunately, it has now become win a place on the ballot. It is widely a trusted partner in the Middle East a ‘‘graveyard of good nominees,’’ such believed these regulations will prevent peace process and an important ally in as Janice Rogers Brown. any serious contenders from running the war on terrorism. California Supreme Court Justice for President. In short, unless this The United States must continue to Brown was nominated to the DC Cir- amendment is modified, its final ap- promote democracy and freedom cuit by President Bush in 2003. The proval will practically guarantee the around the world. first African American to serve on the ruling party will select its own token As Egypt embraces these reforms, I California high court, Justice Brown competitors and continue its domina- am confident our two countries can received public support from 76 percent tion of the Presidency. form a stronger and more dependable of California voters and is widely re- Meaningful reform means free and relationship. I am confident that to- spected as a leading intellect on the fair elections. Opposition candidates gether we can achieve peace, security, bench. She has been unanimously voted must be able to declare their candidacy and prosperity for the people of the as ‘‘well qualified’’ by the American freely. They must be allowed to broad- Middle East. Bar Association, which has been de- cast their message through the media. Mr. President, I yield the floor. scribed by those who oppose her nomi- And they must be permitted to acquire The PRESIDENT pro tempore. The nation as the ‘‘gold standard’’ of judi- the resources necessary to run a gen- Senator from South Carolina. cial ratings. uine campaign. f The daughter of sharecroppers, Jus- Jailing opposition candidates, such tice Brown was born in Greenville, AL, JUDICIAL NOMINATIONS as Ayman Nour, whom I had the oppor- in 1949. During her childhood, she at- tunity to meet with in his apartment, Mr. DEMINT. Mr. President, in Janu- tended segregated schools and came of and who recently declared from prison ary of this year, I stood in this very age in the midst of Jim Crow policies his intention to seek the Presidency, Chamber, placed one hand on the Bible, in the South. undermines the true meaning of de- and raised the other hand. In taking She has dedicated 24 years to public mocracy, and it undermines the peo- my oath of office, I made a simple service, serving as legal affairs sec- ple’s faith that the Government is pledge to uphold the Constitution of retary to California Governor Pete Wil- working on their behalf. the United States of America. How- son; deputy secretary and general Egypt has been a close ally and good ever, only 4 months later—because of friend of the United States, but it still counsel for the California Business, the partisanship of some—I am pre- Transportation, and Housing Agency; has a long way to go on the path to- vented from fulfilling my oath. ward political reform. After my meet- deputy attorney general in the Office It is interesting to observe what the of the California Attorney General; and ing with President Mubarak, I held Constitution requires of the Senate and talks with Prime Minister Ahmed as deputy legislative counsel in the what it does not. Nowhere does it say California Legislative Counsel Bureau. Nazif. He is pushing strong economic that Congress must pass new laws. But reforms throughout the country. He is Just what is it that opponents of Jus- it does specify Senators must ‘‘advise lowering taxes and lowering other eco- tice Brown claim is their reason to and consent’’ on the President’s judi- nomic barriers, stripping away unnec- deny her a fair vote? They obviously cial nominees. essary regulations, and it is working. could not attack her experience or her How can I perform my constitu- According to the Prime Minister, the character or her education or her intel- public sector used to contribute 70 per- tionally mandated duties to advise and ligence, which are all impeccable. cent to the GDP and the private sector consent without the ability to vote on Instead, they have used the political 30 percent. Now those numbers are re- the nominees sent to us by the Presi- equivalent of a desperate ‘‘Hail Mary versed, with the private sector contrib- dent? How can I represent the people of Pass.’’ They labeled Justice Brown as uting 70 percent and the public sector South Carolina, who elected me to ‘‘out of the mainstream.’’ Really? Out 30 percent. The economy is growing. serve their interests, without the abil- of the mainstream? Lowering taxes and breaking down ity to vote yes or no? Were three-quarters of Californians these barriers to opportunity are the Today, 41 Senators are preventing a out of the mainstream when they elect- keys to prosperity. It is gratifying to bipartisan majority from carrying out ed her overwhelmingly to the State su- see this basic principle being embraced the duty we were elected to fulfill. This preme court? She was elected by the around the world. After failed experi- is outrageous. largest margin of any of the judges up ments in socialism, as well as nation- The President of the United States is for retention that year. alism, Egypt appears to finally be em- given the authority, under the Con- Despite the claims of her opponents, bracing the power of free markets. stitution, to choose his own nominees. her record demonstrates a commitment I am hopeful that as economic oppor- We have an obligation to vote on those to interpreting the law, not legislating tunity flourishes, the allure of extre- nominees. Forty-one Senators are try- from the bench. mism will fade, and the people and the ing to thwart the will of the American If the obstructionist Senators who leadership will be inspired to secure people and the Constitution. are vehemently opposed to her nomina- ever greater political freedoms. Beginning in 2003, Democrats used tion feel so strongly that she is out of While in Cairo, my group and I also the filibuster to block up-or-down the mainstream, then they should put visited the El Gallaa Maternity Teach- votes on 10 nominations to the Federal their money where their mouth is and ing Hospital—the largest of its kind in appeals courts. All had bipartisan, ma- come down to this floor and make their the region. It is a large public teaching jority support. Do not be fooled by the arguments against her nomination, hospital. Over 20,000 babies are born misinformation of a few. Never in his- then allow all of us to draw our own there each year. tory has a judicial nominee with clear conclusions and cast our vote. As I toured the hospital, I had the op- majority support been denied con- If Justice Brown is so truly unquali- portunity to meet with Egyptian doc- firmation due to a filibuster. fied, then surely her opponents would

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.001 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5009 be confident of convincing a majority lican Party to lead, as Americans have ical precedent some in the minority that this is the case. Otherwise, they elected us to do. We were not sent to have embarked upon in the last year are simply smearing the integrity of a the Senate as a majority to quibble when 10 of the President’s judicial highly respected jurist in order to about process and procedure. We were nominees were filibustered. For the score political points against the Presi- entrusted to carry out the duties laid first time, 10 circuit court nominees, at dent at the expense of vandalizing the out in the Constitution. the level right below the Supreme Constitution. We ran on a platform of ideas to se- Court, were filibustered. One of my goals as a Senator is to cure America’s future, and the Nation Just look back a few years to the confirm highly qualified judges by en- largely agreed with our vision. We also nomination of Clarence Thomas to the suring timely up-or-down votes for all ran on the need to give the President’s Supreme Court in 1991. It was a media nominees no matter who is President, nominees a fair up-or-down vote. The circus, riven with charges, accusations, no matter which party is in the major- Senate Republican majority must and controversy. Clarence Thomas was ity. That is my commitment, and I stand up for the Americans who elected confirmed with a vote of 52 to 48. If the have encouraged Senator FRIST to con- us. We must have the courage and con- Democrats had wanted to defeat him, sider all options, including the con- viction to uphold the Constitution and they simply could have filibustered his stitutional option, to end the undemo- end the partisan obstruction. The time nomination. But they did not. They could have filibustered his con- cratic blockade of judicial nominees. to act is now. firmation, but they did not. Did they Senators were elected to advise and Mr. President, I yield the floor. fail to do so because they simply want- consent, not to grandstand and ob- The PRESIDING OFFICER (Mr. ed to be nice? No. It is fair to state struct. THOMAS). The Senator from Minnesota. that they didn’t filibuster because at I would like to say something to my Mr. COLEMAN. Mr. President, I am that time, in 1991, it wasn’t even con- colleagues across the aisle. There is a pleased to take the floor again on the ceivable, it wasn’t in the history and reason George W. Bush was elected to matter of judicial nominations. As the tradition of this body that nominees serve as President of the United States. emotions and politics of this issue keep who get through committee or to the It is because the majority of Americans building up, it is important we not lose floor would fail to get an up-or-down trusted him to nominate judges. sight of what this is all about. We have vote, 52 to 48. Have no doubt about it, There is a reason the American peo- all heard the grim, little joke about if what is going on today was going on ple elected a majority of Republicans the doctor who said: The operation was then, Clarence Thomas would have to the Senate. They trusted our judg- a complete success, but the patient been filibustered. It did not happen. At ment to vote on judicial nominees. died. that time, my colleagues did the right There is a reason the Democratic Sometimes we get so caught up in thing. They honored two centuries of Party is in the minority in Congress. It process that we ignore the reasons we tradition and allowed him an up-or- is because the American people did not are here in the first place: to achieve down vote. trust them to make these decisions. an outcome for the American people to I have done some quick research. Of It is not a trivial matter. The issue of get things done, to make a difference. the 109 Justices of the Supreme Court, judicial nominations was at the fore- The outcome the people want, the my staff counted 55 Supreme Court front of every Senate campaign in the outcome the President deserves, and Justices who could have been defeated last two cycles. Voters across our Na- the outcome the Constitution demands if one of the parties had adopted the tion witnessed the obstruction of the is an up-or-down vote—a simple up-or- nuclear option, the filibustering of Democrats over the last 4 years, and down vote—on each of the appoint- nominees, now employed by some in they rendered their judgment at the ments the President has submitted to the Senate minority. Half of the Su- polls. us. preme Court Justices in our Nation’s In 2002, they returned the Repub- A couple years ago, I stood right over history might never have served. Who licans to the majority in the Senate. there, in front of that desk, and swore could that have cost us? Benjamin Then, after 2 years of unprecedented an oath to the Constitution of the Cardozo, nominated by President Hoo- and, in my opinion, unconstitutional United States of America. The Con- ver, who gave us proximate cause, a denials of simple votes on judicial stitution directs each Senator to ‘‘ad- cornerstone of today’s tort law. Every nominees, Americans elected an even vise and consent’’ on judicial appoint- college kid in America, including me, larger majority of Republicans. In fact, ments by the President, not to advise read Cardozo’s opinion. How about Jus- the Democrat leader, former Senator and obstruct, not to advise and block, tice Marshall Harlan, appointed by Tom Daschle, was defeated by my col- but simply advise and consent—which President Hayes. He was the lone dis- league, Senator JOHN THUNE, in large simply means, and has always meant in senter in Plessy v. Ferguson which part due to his high-profile obstruction the history of this country, up until upheld segregation policies. Fortu- of judicial nominees. last year, the opportunity for an up-or- nately, we did not force Justices In my own campaign, I spoke fre- down vote. Cardozo or Harlan or other Justices to quently about the need to give every If you ask me, the term ‘‘nuclear op- overcome a partisan filibuster. It was nominee a fair up-or-down vote. It was tion’’ belongs to the tactics taken by not done. In fact, not only did we not consistently the main issue voters the minority, unfortunately, in the filibuster the other party’s nominees, brought up with me one-on-one. last 2 years. I would say they are tread- we often elevated them, as was the case Now that the American people have ing on the traditions of this body, the with Harlan Fiske Stone, who was ap- clearly spoken, by democratically balance of power between the branches, pointed by a conservative President, electing a Republican President and a and the Constitution that we are sworn Calvin Coolidge, and then elevated to Republican majority in the Senate, 41 to uphold. Chief Justice by Franklin D. Roosevelt. Senators are attempting to deny the As the Bible says, what you sow, you I could go on. Does anybody in this will of the people. Forty-one Senators will reap. When some in the minority Chamber doubt in today’s environment believe they know better than the ma- decide to flaunt the historical proce- that William O. Douglas would never jority of Americans. Forty-one Sen- dures and understandings of this body, have made it to the Supreme Court, ators seem to think the elections and they should not be weeping and wailing that his nomination would have been constitutional duties we have do not and gnashing their teeth when the ma- filibustered? Does anyone in this matter. What matters to these 41 Sen- jority steps up to restore—to restore— Chamber doubt for a moment today ators is petty partisan politics. 200-plus years of accepted practice in that Justices Antonin Scalia and Wil- This temper tantrum must end. The this body, which is an up-or-down vote liam Rehnquist would not have a Democrats must accept the judgment on judicial nominees once they have chance to serve on the Supreme Court of the American people. They cannot passed through committee. If the mi- because of a filibuster? disregard election results simply be- nority is feeling injured, they brought We have to think about the con- cause things did not go their way. it on themselves. sequences of this dangerous precedent Now let me speak to my own party’s Mr. President, I want to illustrate that unlimited debate be used to de- leadership. It is time for the Repub- what a dramatic departure from histor- prive the whole Senate of an up-or-

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.003 S12PT1 S5010 CONGRESSIONAL RECORD — SENATE May 12, 2005 down vote. The consequences are that If need be, I support my leadership the current Senate wasn’t even here, individuals with strong opinions—and taking necessary steps to allow me to nor was the current President. This they may be liberal or conservative— reach that constitutional decision with dispute drags on year after year after and great intellect would not have an a simple up-or-down vote. That is all year. I don’t know who started it. I do up-or-down vote. we are asking for. know that with respect to nominees There has been an ebb and flow in I yield the floor. not getting hearings, the Democrats do American politics. The PRESIDING OFFICER. The ma- not have a monopoly on disappoint- The Bible says there is a time for jority whip is recognized. ment. I also know that the obstruction every season. There are Republican f that some of my colleagues are prac- Presidents. There are Democratic ticing on the Sixth Circuit is out of VACANCIES ON THE SIXTH Presidents. There is ultimately a bal- proportion to any alleged grievance. CIRCUIT ance. What is happening today, what My Democratic colleagues continue happened last year with the unprece- Mr. MCCONNELL. Mr. President, for to block four Sixth Circuit nominees dented filibustering of judicial nomi- the last 4 years, I have taken to the from Michigan: Henry Saad, David nees was an attempt to change the Senate floor from time to time to McKeague, Richard Griffin, and Susan Constitution, to require a super- decry the crushing burden under which Neilson. They are also blocking three majority for Supreme Court and circuit the Sixth Circuit Court of Appeals op- district court nominees: Thomas court nominees. We are changing the erates. The year has changed, but one Ludington, Dan Ryan, and Sean Cox. In flow, changing the balance. We are get- seemingly immutable fact remains: fact, no Federal judges from Michigan ting rid of and will deprive this Nation The Sixth Circuit is the slowest judi- have been confirmed during the Bush of people with great intellect and pas- cial circuit in the country by far. administration. Of the seven vacancies sion because they won’t be able to get The Sixth Circuit has 16 seats. It cov- the Democrats refuse to let the Senate past the roadblock of the minority. ers Michigan, Ohio, Kentucky, and fill, five of the seats were not even in- The caution I hope some in the mi- Tennessee, with a population of over 30 volved in this dispute. Let me repeat nority will take to heart is, what hap- million people. For the last 3 years, the that. Of the seven vacancies the Demo- pens when the shoe is on the other foot. Sixth Circuit has been trying to func- crats from Michigan will not let be How would they feel if a future Demo- tion with 25 percent of its seats empty. filled, five of the seven were not even cratic President’s nominees were treat- Twenty-five percent of the Sixth Cir- involved in whatever this ancient dis- ed in the same fashion? In this body, cuit is vacant. The vacancy rate is, as pute was. we have to live with the precedents we it has been for much of this dispute, President Clinton never nominated set. The whole concept of due process is the highest of any circuit in the Na- anyone to the seat to which Henry about guaranteeing a set of procedures tion. Saad was nominated. The seat to which which reach a fair outcome. It is not Not surprisingly, the judicial con- David McKeague was nominated did about guaranteeing one particular out- ference has declared all four of these not even become vacant until the cur- come. vacant seats to be judicial emer- rent Bush administration on August 15 Some in the minority are so bent on gencies. According to the Administra- of 2001, and the three district court defeating a few of the President’s tive Office of the Courts, last year, as seats that are being blocked are not in- nominees that they will distort the the year before it, the Sixth Circuit volved in the dispute, either. So five of process to achieve the outcome. They was a full 60 percent behind the na- the seven seats had absolutely nothing will distort precedent and tradition. tional average. According to AOC, the to do whatever with this dispute that They will distort what has given us a national average for disposing of an ap- went back to the Clinton years. balance of great intellect and passion peal is 101⁄2 months, but in the Sixth What the Michigan Senators are and great minds on the Supreme Court. Circuit, it takes almost 17 months to doing is holding up one-fourth of an en- We will lose that. That would be a ter- decide an appeal, 16.8 months. That tire circuit in crisis, along with three rible thing. means that in other circuits, if you file district court seats, because of internal We are stewards not only of govern- your appeal at the beginning of the disputes about two seats, the genesis of ment but of the Constitution. It is our year, you get your decision around Hal- which occurred years and years ago. solemn oath to maintain the orderly loween. But in the Sixth Circuit, if you This is an absolutely embarrassing sit- completion of the Senate’s business, file your appeal at the same time, you uation. specifically the fulfillment of our con- get your decision after the following What are our friends from Michigan stitutional responsibility. Today, we Memorial Day, over a half a year later. demanding in order to lift the block- are on the cusp of having to assert the As the obstruction drags on year ade? They want to pick circuit court constitutional option. I hope it will not after year after year, things have gone appointments. Let’s get back to first come to that. from bad to worse. In 2001 and 2002, the principles. As much as they would like, Now I hear rhetoric from some Mem- Sixth Circuit was also the slowest cir- Democratic Senators do not get to pick bers of the minority that they are pre- cuit in the country. In those years, the circuit court judges in Republican ad- pared to compound their error by kill- average time for decision in the Sixth ministrations. In fact, as much as we ing the remainder of the jobs agenda Circuit was 15.3 and 16 months respec- would like on this side of the aisle, Re- that we are ready to pass in the Sen- tively. In 2003, the average length of publican Senators do not get to pick ate. The National Association of Manu- time for decision in the Sixth Circuit circuit court judges in Republican ad- facturers said this week that passage of jumped to almost 17 months, 16.8— ministrations. In short, circuit court the jobs agenda items—including the again, the slowest in the country. appointments are not Senatorial picks. highway bill, the Energy bill, the as- I guess things have now hit rock bot- Article II, section 2, of the Constitu- bestos reform bill, and telecom re- tom because the AOC reports that last tion clearly provides that the Presi- write—would be a $1 trillion jolt to the year, 2004, the Sixth Circuit suffered dent and the President alone nomi- American economy, to the U.S. manu- from the same delay, almost 17 nates judges. It then adds that the Sen- facturing industry. Any Senator from months, 16.8. Yet again, it was the ate is to provide its advice and consent States that don’t need manufacturing slowest circuit in the Nation. to the nominations the President has jobs should feel free to object. We all know the old saying that jus- made. By tradition, the President may We need to focus not on the process tice delayed is justice denied. The 30 consult with Senators if he chooses, but the result. I have a responsibility million residents of the Sixth Circuit but the tradition of consultation does to advise and consent on the appellate have been denied justice due to the not transform individual Senators into judges the President has submitted. I continued obstruction of Sixth Circuit co-Presidents. We have elections for will exercise that responsibility wheth- nominees by our Democratic col- that, and President Bush has won the er there be a Democratic President or a leagues. last two. Republican President. I will look to What is the reason for this sorry Finally, the Democrats have recently their qualifications and then give them state of affairs? An intradelegation indicated that they will afford three of what they deserve: an up-or-down vote. spat from years ago when a quarter of the circuit nominees an up-or-down

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.005 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5011 vote along with one of the other fili- Mr. SCHUMER. Mr. President, we billions in projects from going forward bustered nominees if we abandon our still live in America, and particularly this summer and this fall, not next efforts to ensure that all nominees re- in my city of New York, in the shadow year but right now. ceive an up-or-down vote. The Demo- of 9/11, of the terrorism that occurred. The second is that the market will crats don’t care which of the other four Obviously, the thousands of families fill the gap but only at such extraor- nominees are put on the bench because who have had a loved one taken from dinary prices and only in unique situa- they let us pick the nominee. their midst live with it every moment tions that the same thing would hap- Well, we are not going to toy with of their remaining lives, but the rest of pen. these people’s careers. They have wait- us live with it, too, not only in empa- Why are we sitting in the Senate and ed patiently for years to receive the thy for them but also in terms of the in the House twiddling our thumbs? simple dignity of an up-or-down vote, economic consequences of terrorism. Our economy is squishy, oil prices are and we are working to restore the The bottom line is very simple, and up, other economies outside of Asia are norms and traditions of the Senate that is, because of terrorism, the insur- down, including Japan’s actually, and, that existed prior to the previous Con- ance industry, in terms of insuring risk therefore, we are worried about the gress so they may receive one. But the of large structures in America—wheth- economy, and here we are putting an- fact that our Democratic colleagues er it be large buildings that make us so other log on the tracks in the way of are now willing to afford one or more proud of the Manhattan skyline, or economic recovery. of the individual filibustered nominees large arenas such as the football sta- There can be no dispute that ter- the courtesy of an up-or-down vote but diums that dot America, or larger fa- rorism insurance works, and there can not allow the same nominees collec- cilities such as Disneyland, Disney be no dispute that if we do not renew tively to receive up-or-down votes World, and amusement parks—all have it, there will be trouble. The ratings shows that our Democratic colleagues difficulty getting insurance. agencies have said in no uncertain recognize that each of these nominees Insurers are worried that if, God for- terms that come December 31, if there is deserving of an up-or-down vote. bid, another terrorist act occurs it will is no terrorism insurance, they are not More than that, it shows the partisan be so devastating that it will put them going to be able to give any kind of de- and political nature of the opposition. out of business. So they either provide cent rating to any insurance offer. Last year, our Democratic colleagues no insurance or provide it at such a These guys are insurers. They look said all seven of these judicial nomi- high rate because of the downside risk. for risk. They live with risk. They nees were ‘‘too extreme.’’ Now they say Small as it may be—and we hope it is— wake up in the morning thinking a only three are too extreme. So one of it is still possible that an act so enor- risk, they go to sleep at night thinking the following three statements is true: mous that if, God forbid, it occurs, a risk. We can say, oh, well, and have The nominees changed, or the Demo- they do not want to be involved. an ideological debate about how much So 2 years ago, the Senate, House, crats’ definition of what constitutes should the Government be involved, or and the President got together at sort extremism has changed, or they never we can say, actually, people are not as of the end of the day and passed ter- really meant it in the first place. Let worried about terrorism. It does not rorism risk insurance. It has been a me repeat that. One of three things is matter what you think, Mr. President, large success. Insurance rates have true: Either the nominees who were ex- or what I think, it is what these insur- come down, terrorism insurance is treme last year are not extreme this ers think. If the rating agencies say available, and insurance companies year, the Democrats’ definition of what they are not going to give a decent rate know if, God forbid, the worst happens constitutes extremism changed be- to insurers, it is over, and we will not there will be a backstop, and they are tween last year and this year, or they have it. willing to issue policies. In turn, that never really meant it in the first place. Moody’s noted in an insurance bro- means developers, builders who want to It is no wonder many people con- kers report that up to 75 percent of the build new large structures in America, cluded that what is at work is really policies written since January 1 have will do so, employing thousands and just partisan politics. Mr. President, adopted a conditional endorsement thousands of people, creating profits we should not play partisan games that voids terrorism coverage if TRIA and new businesses as well. with the nomination process. We is not renewed. As we go through the should take our constitutional duties We now come to the fact that this legislation expires—it was passed as an year, the number of endorsements, seriously. they said, is expected to increase. I ask our Democratic colleagues to experiment; those who were dubious of The report specifically stated these afford these nominees collectively it said, Let’s see how it works—in De- conditional endorsements appear to be what they are willing to afford each of cember. But the urgency to act is much an indication that unless terrorism in- them individually; that is, a simple up- sooner than December because policies surance is renewed, premium spikes or or-down vote. are not written for 6 months. If right Mr. President, I yield the floor and now you are a business and you want to a sharp reduction in the availability of suggest the absence of a quorum. renew your insurance against risk for 1 coverage may result. The PRESIDING OFFICER. The year or 2 years or 3 years, that policy The report warns—this is very impor- clerk will call the roll. would go beyond December. tant—that Moody’s is unaware of any The assistant legislative clerk pro- What the insurers say to many is, ‘‘I viable private market initiative that ceeded to call the roll. will raise your rate dramatically’’, would take the place of TRIA. Mr. SCHUMER. Mr. President, I ask which will raise costs and shut down There are some who say: Let it expire unanimous consent that the order for construction, or ‘‘I will not insure you and let’s see what the market does. the quorum call be rescinded. at all’’, which certainly shuts down That is taking a huge risk because if The PRESIDING OFFICER. Without construction. It means nothing will get the market does not come in, then we objection, it is so ordered. The Senator built. So we should move this legisla- have hurt construction workers, labor- from New York. tion quickly. ers, and all those who would work in these buildings. f I stress we do not need to repeat last year by delaying and delaying. Last Alan Greenspan, the Chairman of the TERRORISM RISK INSURANCE year, we began to witness, when we de- Federal Reserve, is a very well-re- EXTENSION ACT OF 2005 layed a great deal, a loss in economic spected voice around here, as he should Mr. SCHUMER. Mr. President, I ask activity in the larger cities of this be, in my opinion. He is a free-market unanimous consent that Mr. REID from country in particular, even though we guy. He does not like Government in- Nevada be added as a cosponsor of S. were well aware that ultimately this volvement. Right now, I am going toe 467, the Terrorism Risk Insurance Ex- had to be done. to toe with him about Fannie Mae and tension Act of 2005, introduced by my There are really only two alter- Freddie Mac. He would like to curb friend, Senator DODD of Connecticut. natives. One is going to be no terrorism their role because he does not like the The PRESIDING OFFICER. Without insurance. The private market will not Government involved. I think they are objection, it is so ordered. fill the gap. That will prevent tens of needed in the housing market. But on

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.006 S12PT1 S5012 CONGRESSIONAL RECORD — SENATE May 12, 2005 terrorism insurance, even Alan Green- the point where we need to move for- coverage. I do not think that will hap- span admits it is needed. Here is what ward and reauthorize the TRIA. We pen. I think the markets will stabilize he said: can’t allow this program to expire because companies will not write risks. This is a very difficult issue, because re- without a short-term extension or And if you are trying to build a major member that the private markets work ex- longer term solution to be put in place. building in a major city, guess what? ceptionally efficiently in a civilized society But as we consider whether to extend Try to get insurance. If you propose to in which domestic violence or violence com- TRIA, we should look closer at the two put in a major office complex with ing from abroad is not a central factor. main goals we tried to accomplish with thousands of workers, try to get work- You cannot have a voluntary market sys- the law. First, as I just noted, we want- man’s compensation insurance. You tem and the creation of markets, especially ed to make sure that the market and will not get it. That is the way the insurance markets, in a society subject to market will respond to the uncertainty unanticipated violence. And as a con- the economy functioned in the wake of sequence, there are certain types of costs, 9/11 and in the face of the threat of ter- caused by the potential attack of ter- which is what we have the Defense Depart- ror. After 9/11, the insurance companies ror, and that will hurt our economy ment protecting us from, which we essen- looked at their risk for the first time grievously. I think we have to recall tially choose to socialize. in the context of a mass casualty de- and realize that we still are under the The less of that we have, the better off so- structive act that would destroy build- threat. I think we have to also be con- ciety is. ings, that would kill perhaps thousands versant with the fact that there will be Of course, this is his view, and he of people, and they decided that they dramatic economic effect even if a wants to make sure you know he does alone could not take this risk. In light small attack is waged by terrorists be- not want us to do this everywhere. of the new conditions, the passage of cause the psychological dimension is There are, nonetheless, regrettable in- TRIA, provided a necessary backstop, just as important in many respects as stances in which markets do not work, can- and allowed the private insurance com- the physical damage. So we have to not work. And while I think you can get panies and the market to function ef- have in place this terrorism reinsur- some semblance of terrorism insurance, I fectively. ance program, and we are running out have not been persuaded that this market One of the areas that I became con- of time to do it right, carefully, thor- works terribly well. cerned about was workman’s com- oughly, and get it done before the end It is pretty clear, we need to renew pensation. Most people would say: of the year. As you may know, the this legislation, and it is likely we will What does that have to do with a major Treasury Department is required to re- renew it. What is so incredible is we attack that falls upon a large building port to Congress by June 30 of 2005 on are waiting and waiting, and every day or a major city or some other key facil- issues associated with the act and its we wait causes damage to jobs and the ity? The point is thousands of workers purposes. While I am looking forward economy. are covered by workman’s compensa- to the conclusion of the Treasury De- The bottom line is that financial dis- tion. Those deaths and injuries would partment study, it will have little, if anything, to do with the second aim of location caused by another possible trigger workman’s compensation. That the law; namely, having a policy in terrorist attack—God forbid—is too is just one example of the situation place in the event there is another at- much for our country to risk. I urge caused by 9/11, the situation of uncer- tack in the United States. the entire Senate to pass this legisla- tainty, the situation of potentially tion quickly. It is cosponsored by 25 of It is this ‘‘preparedness’’ reason that huge losses which never before were most compels me to believe that we my colleagues, and we should move it fully calculated by the insurance com- without delay and let the markets, let need to continue a Federal terrorism panies. That part of the purpose of insurance program. This Congress, Sen- the insurance world, and, most of all, TRIA has worked very well. Our insur- ator DODD and Senator BENNETT re- let jobs and construction go forth. ance markets are functioning smoothly I yield the floor, Mr. President, and introduced the extension bill, S. 467, today. the Terrorism Risk Insurance Exten- suggest the absence of a quorum. But there is a second important rea- The PRESIDING OFFICER. The sion Act of 2005, of which I am an origi- son, and that second important reason nal cosponsor. In addition to extending clerk will call the roll. is that many of us felt that we needed The Journal clerk proceeded to call TRIA to 2007, this bill establishes a to have a policy in place all the time to Presidential working group on finan- the roll. allow the economy to rebound more Mr. REED. Mr. President, I ask unan- cial markets to submit a report to Con- quickly in the unfortunate event of an- gress containing recommendations to imous consent that the order for the other terrorist attack here in the address the long-term availability and quorum call be rescinded. United States. affordability of terrorism risk insur- The PRESIDING OFFICER. Without Let me just remind you, as we left ance. objection, it is so ordered. this Chamber yesterday morning, as we The administration thus far has been Mr. REED. Mr. President, I would moved to assembly areas, as we evacu- silent on extending TRIA. It is essen- like to be recognized as in morning ated all these buildings, the notion of a tial that the administration lead rath- business. further terrorist attack was not some- er than follow in this process of legisla- The PRESIDING OFFICER. Without thing hypothetical or remote. For an tive deliberation. Furthermore, vacan- objection, it is so ordered. instant there, there was real concern cies in key administration positions Mr. REED. Mr. President, I rise to that we would be struck again. And if have led to a vacuum in leadership and discuss the Terrorism Risk Insurance we are struck again and we do not have communication needed for good policy- Act, or TRIA. This law is necessary to in place a terrorism reinsurance pro- making as we approach deliberations make our economy function smoothly gram, the insurance industry will once on TRIA. Extending TRIA is absolutely and effectively and to protect it from again face the same dilemma we saw on the right thing to protect the economic the risk of a terrorist attack. 9/11: we can’t cover these risks; we are security of our country. I urge my col- After 9/11, we enacted a number of overexposed; we can’t provide insur- leagues to take a close look at this leg- measures including the Terrorism Risk ance in the future. That slows the islation and join us in supporting it. Insurance Act, to enhance and stabilize economy down and potentially in many I thank the Chair. I yield back my the security of our citizens and our different ways. TRIA has to be in place. time. economy. TRIA provided a high-level As long as we are sincerely persuaded Mr. REID. Mr. President, I ask unan- Federal backstop that allowed private that there is a terrorist threat, and I imous consent to include in the insurance and reinsurance markets to know I am, then we have to have this RECORD at the conclusion of my re- return and to allow American busi- TRIA program in place. marks a written statement that I sub- nesses to overcome the shock of Sep- Some opponents of the extension mitted at a symposium sponsored by tember 11. TRIA seems to have per- argue that TRIA should be a temporary the U.S. Chamber of Commerce on ex- formed exactly as we intended, but as program because by ending it private tending the Terrorism Risk Insurance we all know the program expires at the terrorism insurance markets will be Act, or TRIA, and a letter signed by end of this year. I am getting con- forced to stabilize and provide ade- seventy-four CEOs of the largest inte- cerned that we are fast approaching quate capacity to meet the demand for grated financial services companies in

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.009 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5013 the country which provide banking, in- issue, but refused to give any indica- the face of the threat of terrorism. We want- surance and investment products and a tion whether the administration would ed to restart the construction industry and second letter from the Coalition to In- support or oppose an extension of get people back to work. But the second im- sure Against Terrorism, CIAT, which TRIA. Policy holders from major sec- portant reason for this legislation—and I be- lieve President Bush stated this when he represents over seventy-five companies tors of the economy—real estate, finan- signed the bill into law—was that many of us and major associations, a virtual cross cial services, energy, entertainment, felt that we needed to have a policy in place section of the U.S. economy, both of hotel, and hospital industries—feel like to allow the economy to rebound more which express strong support for ex- they are being left to twist in the wind quickly in the unfortunate event of another tending the terrorism insurance pro- wondering whether the administration terrorist attack here in the United States. gram. and the Congress are going to take the We felt that having an insurance program in The PRESIDING OFFICER. Without necessary action so that they can prop- place would ensure that economic activity objection, it is so ordered. would continue after a terrorist attack. erly and responsibly protect their prop- And this second reason is why I am so con- (See exhibit 1.) erties. There is absolutely no sense of cerned about the President’s ‘‘wait and see’’ Mr. REID. Mr. President, in 2002 I co- urgency by this White House and I approach to extending TRIA. The Treasury sponsored, and Congress passed, the think they would like to see this issue department’s study—whatever it finds—is Terrorism Risk Insurance Act, com- quietly go away. only focusing on the first reason that TRIA monly referred to as TRIA. This impor- The financial dislocation caused by was put in place. It has little, if anything, to tant legislation provided a government another possible terrorist attack is too do with the second reason for the Act. backstop for the terrorism insurance important to ignore and we should not It is this ‘‘preparedness’’ reason that is the market that disappeared after the at- real convincing reason that causes me to say continue to delay action on an issue we need to continue a Federal terrorism in- tacks of September 11. TRIA is work- that is so important to our economy surance program, and we do not have to wait ing. Today, because of TRIA, terrorism and the American workforce. We for the Treasury department to further the risk insurance is available and busi- should act on extending TRIA and act debate on that. nesses have meaningful access to cov- promptly. I also support inclusion of group life cov- erage. The primary purpose behind There being no objection, the mate- erage in the TRIA bill when it is reauthor- TRIA, and the reason it needs to be ex- rial was ordered to be printed in the ized. There continues to be a lack of avail- able catastrophe reinsurance coverage for tended, is to make sure that the Amer- RECORD, as follows: ican economy and markets function in the group life insurance industry and the ab- CHAMBER OF COMMERCE TERRORISM sence of reinsurance coverage poses a signifi- the face of a terrorist threat. There REINSURANCE CONFERENCE cant risk for the 156 million American fami- needs to be a mechanism in place to REMARKS BY SENATOR HARRY REID lies who rely on the promised survivor bene- allow the economy to rebound more (Thursday, March 17, 2005) fits of their group life insurance policies. quickly and to protect American jobs If the President is serious about creating I was a co-sponsor of the Terrorism Risk in the unfortunate event of another jobs and maintaining the health of the U.S. Insurance Act (TRIA), which Congress passed economy, he needs to get behind efforts to terrorist attack here in the United in 2002, and I strongly agree with many of States. The threat of an attack has not extend this law now. Otherwise, it is just not you, that we need to extend this important going to happen. American businesses are al- gone away and will not go away when program as soon as possible. ready being told by insurers that they face TRIA expires at the end of 2005. After the attacks of September 11th, pri- the prospect of going without terrorism cov- While some in Washington continue vate insurance was no longer available to erage by year-end. to hope that a private market will de- cover losses caused by terrorist attacks. It Prior to TRIA’s enactment in 2002, $15 bil- velop in the absence of TRIA, let me became impossible to purchase property and lion in real estate transactions were can- quote from two reports put out re- casualty insurance to cover losses to real celled or put on hold because there was no property and the people in those buildings terrorism insurance available. Commercial cently by those who are in the business because the risk was too difficult to meas- of watching markets. The first is a construction was at a six-year low. Accord- ure. This created serious problems in the ing to the White House, over 300,000 con- Special Report by the rating agency real estate and commercial development sec- struction jobs were lost or put on hold be- Moody’s Investors service dated April tors and essentially stopped construction of cause there was no terrorism insurance 28 which expressed concern about the new buildings because banks would not loan available. Bond rating agencies downgraded potential effects of the pending expira- money for projects that could not be insured. $12.5 billion worth of commercial mortgage- tion of the Terrorism Risk Insurance When a meaningful market for terrorism backed securities because of the lack of insurance failed to develop after several Act, TRIA. available terrorism insurance. Lenders began months, it became clear that Congress need- to ‘‘force place’’ terrorism insurance cov- Moody’s noted, that insurance bro- ed to do something to prevent continued dis- kers report that up to 75 percent of erage on many properties, despite the fact ruption to the economy. the only available terrorism coverage was policies written since January 1st have We passed TRIA and it is working today. deficient, defective and priced at levels that adopted a conditional endorsement Because of TRIA, terrorism risk insurance negatively affected the economics of the un- that automatically voids terrorism is available and businesses have meaningful derlying properties. coverage if TRIA is not renewed, and access to coverage. I don’t think we can un- Extending TRIA makes good economic that the number of conditional en- derestimate its impact on the economic re- sense, and I hope the White House and my dorsements is expected to increase as covery we have seen in Nevada and other Republican colleagues who control its fate parts of the country. the year progresses. The report stated, will work with our caucus and move swiftly As you know, TRIA is set to expire at the to extend it. ‘‘These conditional endorsements ap- end of 2005. Its looming expiration has huge pear to be an indication that unless implications for our economy and job cre- THE FINANCIAL SERVICES ROUNDTABLE, TRIA is renewed, premium spikes, or a ation. Already I have heard reports that in- Washington, DC, April 27, 2005. sharp reduction in availability of cov- surance providers will not write terrorism Hon. BILL FRIST, erage, may result. The report warns, insurance policies in large, metropolitan Hon. HARRY REID, ‘‘Moody’s is unaware of any viable pri- markets such as Las Vegas, Chicago and U.S. Senate, Washington, DC. vate market initiative that would take Washington, DC in light of TRIA’s near expi- Hon. J. DENNIS HASTERT, ration. I regret that this is taking place, and Hon. NANCY PELOSI, the place of TRIA.’’ I worry about the impact this will have on Secondly, Marsh Inc., in a report re- House of Representatives, Washington, DC. our economy if the insurance they need is DEAR MAJORITY LEADER FRIST, SPEAKER leased on April 25, entitled not available. HASTERT, MINORITY LEADER REID AND MINOR- Marketwatch: Terrorism Insurance The White House seems to be content on ITY LEADER PELOSI: We are writing in sup- 2005, concludes: ‘‘If TRIA is not ex- waiting for the Treasury Department’s re- port of an extension of the Terrorism Risk tended, the stand-alone insurance mar- port on the terrorism insurance market be- Insurance Act (TRIA). ket is unlikely to have sufficient ca- fore making any decision. That report is not The Financial Services Roundtable rep- pacity to satisfy all of the expected de- due until June 30th. That’s too late and wait- resents 100 of the largest integrated financial ing until this summer to make a decision mand at commercially viable prices.’’ services companies providing banking, insur- creates too much uncertainty for the real es- ance, and investment products and services The Bush administration official who tate, construction and insurance industries. to the American consumer. spoke at the recent U.S. Chamber sym- When many of us voted for TRIA, we did so TRIA is not likely the long term answer to posium on TRIA simply gave those in for two principle reasons. First, we wanted how policy holders, insurers and the govern- attendance a history lesson on the to make sure that the markets functioned in ment deal with terrorism coverage. It is,

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.001 S12PT1 S5014 CONGRESSIONAL RECORD — SENATE May 12, 2005 however, a program that keeps policy hold- To date, the terrorism reinsurance pro- the Senator from Vermont or their des- ers from bankruptcy, insurers from insol- gram established by TRIA has achieved the ignees prior to the vote on the motion vency, and taxpayers from paying the full goals envisioned by President Bush and bi- to invoke cloture on the pending sub- cost of a catastrophic terrorist event. From partisan leaders in Congress in 2002. First, it stitute amendment. this standpoint, it has been a success and it has helped keep the economy going in the The Senator from Oklahoma. is essential that the program be extended for face of continued terrorist threats by ensur- Mr. INHOFE. Mr. President, those of a determinant period of time. ing that businesses across America can se- An extension should meet the following cure this essential coverage, saving count- us who are in the managing positions principles: less jobs in the process. Second, it serves as want to explain what it is about and It should extend the current program for a an important tool to minimize the severe why the cloture is very important. reasonable period of time; economic disruption that almost certainly However, we do want to accommodate It should hold retention levels at the cur- will occur should there be a future terrorist the Senator from Arizona, who is busy rent program limit; attack of catastrophic proportion. with a markup right now, and if there It should provide a backstop for group life S. 467 would extend the current TRIA pro- is no objection, I would recognize him policies; and gram for a short period of time while also for up to 8 minutes. It should require stakeholders to deter- creating a group of insurance and risk man- Mr. MCCAIN. Mr. President, I thank mine the nature of a public private partner- agement experts to work with the Presi- the Senator from Oklahoma and the ship going forward (including, specifically, a dential Working Group on Financial Markets study of how to deal with threats posed by to develop a longer-term solution. If enacted, Senator from Missouri for their cour- nuclear, biological, chemical and radio- this legislation will ensure that the nation’s tesy, and I will try to be brief in my logical attacks). workers and businesses will be able to secure statement. We recognize that TRIA is not working adequate and affordable insurance coverage Nearly 50 years ago, the Federal-Aid perfectly for all stakeholders. For some in- against terrorism after year-end, and that Highway Act of 1956 was enacted into surers the retention levels require companies the nation has a sound policy in place to en- law. As I mentioned during last year’s to underwrite as if the program does not able the economy to quickly recover should debate, the 1956 act added up to a mere exist, and any increase in retention levels another terrorist attack occur in the U.S. 29 pages—a tiny fraction of this year’s will render the program useless. But we be- CIAT believes that it is absolutely critical highway bill. But what it accomplished lieve that TRIA has helped to stave off the that Congress act quickly to extend the Ter- economic dislocation that could have filled rorism Risk Insurance Act (TRIA) beyond truly changed this country. The act the vacuum left by drain of insurance indus- December 31, 2005. Extending TRIA is an es- created programs that led to the con- try capital post-9/11. In instances where sential part of our nation’s economic pre- struction of the Interstate Highway states have granted exclusions, insurers who paredness against terrorism, as well as an es- System, the largest civil works project otherwise could have walked away from this sential element of our nation’s economic se- ever undertaken by the United States. type of risk have not because of TRIA. In curity. With only a few months left, Amer- The 1956 act was the brainchild of states where no exclusion exists, or for those ican businesses and property owners face the President Eisenhower to establish the carriers who write worker compensation cov- threat of going without adequate and afford- highway trust fund, financed by taxes erage, the backstop is insurance against in- able terrorism insurance coverage next year. on gasoline to fund this massive under- solvency. Without a federal terrorism risk reinsurance Thank you for your attention to this im- program in place, our economy will be need- taking. The act required the construc- portant issue. Please do not hesitate to con- lessly disrupted and significant U.S. eco- tion of an interstate highway system tact us if we may be of assistance on this or nomic interests and jobs are likely to be ex- using a uniform design that would be other issues. posed to the uninsured costs of a major ter- safer than most U.S. highways in exist- Best regards, rorist event. ence at that time. STEVE BARTLETT, To this end, CIAT respectfully requests Mr. President, today we are all the President and CEO. that you cosponsor S. 467. beneficiaries of the foresight of Presi- Also signed by 74 others. Sincerely, dent Eisenhower and of the Congress THE COALITION TO INSURE that helped to shepherd the legislation COALITION TO INSURE AGAINST TERRORISM. through to enactment. The Interstate AGAINST TERRORISM, f System today is 47,000 miles long, com- Washington, DC, April 26, 2005. CONCLUSION OF MORNING prised of 62 superhighways criss- DEAR SENATOR REID: The Coalition to In- sure Against Terrorism (CIAT), a broad- BUSINESS crossing the Nation in a grid. Twenty- based coalition of business insurance policy- The PRESIDING OFFICER. Morning four percent of all travel occurs on the holders representing a significant segment of business is closed. interstates, and the system has ob- the nation’s GDP, strongly supports S. 467, tained a record of being twice as safe as the Terrorism Risk Insurance Extension Act f other highways. of 2005, introduced by Senators Bennett and TRANSPORTATION EQUITY ACT: A Unfortunately, when people look Dodd. As the principal consumers of this LEGACY FOR USERS back 50 years from now at the highway vital insurance coverage, CIAT urges you to legislation that the Senate will con- cosponsor this important legislation. The PRESIDING OFFICER. Under the previous order, the Senate will re- sider shortly, I doubt that history will With the Terrorism Risk Insurance Act remember this as having helped im- (TRIA) set to expire at year-end, there is no sume consideration of H.R. 3, which the prove on President Eisenhower’s evidence to suggest that insurance markets clerk will report. ‘‘grand plan.’’ We are no longer focused will be able to provide adequate insurance The assistant legislative clerk read on building a unified transportation against catastrophic acts of terrorism with- as follows: out a federal reinsurance backstop. Based on system to improve the safety, security, recent testimony from senior Administra- A bill (H.R. 3) to authorize funds for Fed- and economy of our Nation as a whole. tion officials, the threat of terrorism within eral-aid highways, highway safety programs, and transit programs, and for other purposes. Instead, we are faced with legislation our homeland remains as high as it did on 9/ that redistributes funding to the 11. Earlier this year, CIA Director Porter Pending: States in an unfair manner. Goss said before the Senate Intelligence Inhofe amendment No. 605, to provide a Approximately every 6 years we reau- Committee: ‘‘It may be only a matter of complete substitute. thorize our Nation’s multiyear high- time before al-Qa’ida or another group at- Dorgan amendment No. 652 (to amendment tempts to use chemical, biological, radio- way, transit, and safety programs. We No. 605), to provide for the conduct of an in- last reauthorized these programs in logical and nuclear weapons’’, and ‘‘al-Qa’ida vestigation to determine whether market is intent on finding ways to circumvent U.S. manipulation is contributing to higher gaso- 1998 with the enactment of TEA–21 fol- security enhancements to strike Americans line prices. lowing extensive debate in the Senate. and the Homeland.’’ Nelson (FL) (for Feingold) amendment No. In the 108th Congress we did not reau- This stark reality, together with the 610 (to amendment No. 605) to improve the thorize these programs, and, instead, unique factors that make the terrorist accuracy and efficacy of identity authentica- Congress passed a series of short-term threat akin to the risk from war, continues tion systems and ensure privacy and secu- extensions of TEA–21, and this hap- to prevent insurers from effectively mod- rity. eling and pricing the risk of future cata- pened for good reason. The bill brought strophic terrorism attacks, thereby seriously The PRESIDING OFFICER. Under to the Senate floor in the last Congress hampering the development of any viable the previous order, there will be 60 would have increased overall funding catastrophic reinsurance alternatives to minutes for debate equally divided be- to $318 billion, $100 billion over the TRIA. tween the Senator from Oklahoma and TEA–21 enacted level.

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.007 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5015 I commend the chairman of the Envi- rate of return than they would have Now, I am sure we will hear about ronment and Public Works Committee under last year’s bill, despite the fact the great transportation needs of the for reducing the authorized number to that this year’s overall funding is less. States that receive more funds than match the President’s fiscal 2006 budg- That is remarkable. they contribute. And I have no doubt et proposal of $284 billion in the version My colleagues may wonder how this that those States do, in fact, have sig- of the bill reported by his committee. is possible, and they may question my nificant needs. But how was it deter- Reduction in the overall size of the bill facts. But as hard as this may be to be- mined that California, for example, was a significant improvement over the lieve, it is true. For example, the State should have an average of $260 million legislation presented to the Senate last of Missouri, which currently receives a per year of its funding redistributed as year. Fiscal discipline is a key compo- rate of return of 91 percent, would have the EPW-reported bill would direct? nent of this debate. As Alan Greenspan received an increased rate of return of Why aren’t California’s transportation warned some days ago, ‘‘Under existing 95 percent immediately and then needs as worthy of receiving the same tax rates and reasonable assumptions throughout the reauthorization. Under percentage of Federal funds as provided about other spending, projections make the substitute amendment before us, to meet the transportation needs of a clear that the Federal budget is on an Missouri will go from a rate of return State like New York, for example, unsustainable path in which large defi- of 91 percent to 99 percent imme- which is scheduled to receive a rate of cits result in rising interest rates and diately. return of 111 percent, or an average of ever growing interest payments that Despite Missouri’s good fortune, five over $140 million per year more than it augment deficits in future years.’’ States would continue to linger at the contributes. This significant rate of re- We need to control our spending. We bottom of the barrel for 4 years. In the turn isn’t the product of savvy invest- must. And that is why the overall size fifth year, at least theoretically, these ment. It is a guaranteed rate of return of this bill should not be inflated. We States would increase their rates of re- well above 100 percent that is built on are considering a substitute amend- turn to 92 percent, a modest increase of the backs of donor States. ment to the bill that as proposed in- 1.5 percent over current law; 1.5 per- Why should a State like Alaska re- creases obligations by $11 billion, and I cent when other States enjoy a rate of ceive a rate of return in 2009 of almost think that is wrong. return of over 200 percent, in one case 530 percent when it currently already According to the Statement of Ad- almost 530 percent, in that final year. receives a return of 500 percent? Why ministration Policy regarding the They say that beggars can’t be choos- should Montana receive a rate of re- highway bill, ‘‘Should the obligation or ers, but this legislation shouldn’t be turn of almost 228 percent, or Vermont net authorization levels that would re- passed solely to prove that point. a rate of over 212 percent? These fig- sult from the final bill exceed (that States like Arizona, California, and ures defy any reasonable explanation amount), the President’s senior advi- Texas should not be in the position of other than the following: This bill is sors will recommend that he veto the begging for their fair share of contribu- less about the integrity of our Nation’s bill.’’ tions to the highway trust fund. transportation system than it is about Apparently, we are now going to test I fully recognize that during the maximizing the amount of money whether the President will veto the years when the Federal Government going to some States at the expense of bill. was building the interstate system, a others. Fiscal prudence is crucial, but even if redistribution of funding between the I support a long-term reauthorization the conferees act sensibly and recog- States may have made sense. Clearly, of our Nation’s surface transportation nize the need for an agreement that it would have been very difficult for programs and I understand the vital would be acceptable to the President, the State of Montana, for example, nature of this funding to our States. that alone would not make the legisla- with fewer than a million people, to But before we take action on this bill, tion adequate. pay the full cost of building its share of I urge my colleagues to start asking Equity is also crucial and, unfortu- the intestate system. But that era is questions and to take seriously the nately, the highway bill that is before over. Congress declared the construc- consequences of increasing the size of us retains unfair features of past bills. tion of the interstate system complete this bill beyond the $284 billion level In some cases, it is even more unfair in 1991. Yet here we are, almost 15 and of perpetuating the inequitable dis- than last year’s legislation. This year’s years later, and donor States are still tribution of funds under this legisla- highway bill perpetuates the historical expected to agree to the redistribution tion. discrepancy between donor States and of hundreds of millions, if not billions, The PRESIDING OFFICER (Mr. EN- donee States. of dollars to other States regardless of SIGN). The Senator from Oklahoma. Remarkably, not only does the bill the already enormous transportation AMENDMENT NO. 636 TO AMENDMENT NO. 605 continue the disparity, it actually ex- needs of donor States. Mr. INHOFE. Mr. President, I ask acerbates it. Whereas the bill that was Let me be clear. Today, the need is in unanimous consent that the pending passed last year by the Senate would the highest growth States, which face amendment be temporarily set aside in have increased theoretically every some of this Nation’s toughest trans- order to call up Ensign amendment No. State’s rate of return to 95 percent in portation challenges. According to the 636. the final year of the bill, the substitute most recent Census Bureau projections, The PRESIDING OFFICER. Without amendment before the Senate only Florida, Texas, and Arizona, all super- objection, it is so ordered. The clerk promises a rate of 92 percent in 2009 for donor States receiving the minimum will report. those States. Until then many States rate of return, will be among the five The assistant legislative clerk read would linger at a rate of return of 90.5 fastest-growing States over the next 25 as follows: in the first year and 91 percent there- years. Yet the donee States, many with The Senator from Oklahoma [Mr. INHOFE], after while others receive more—in shrinking populations, continue to re- for Mr. ENSIGN, proposes an amendment some cases much more than what they ceive growing subsidies from donor numbered 636. contribute to the highway trust fund. States. Meanwhile, States like Florida, Mr. INHOFE. Mr. President, I ask As if that were not enough, this year’s Texas, and Arizona, and others includ- unanimous consent that the reading of bill would actually propose to create ing Colorado and Indiana, would be the amendment be dispensed with. further disparities between States. Al- held for no apparent reason at the bot- The PRESIDING OFFICER. Without though ‘‘equity’’ is in the title of the tom. Other States, including Georgia, objection, it is so ordered. legislation, the number of donor States Illinois, Maryland, Minnesota, Nevada, The amendment is as follows: would increase from 28 under current New Jersey, North Carolina, South (Purpose: To authorize the State of Nevada to continue construction of the US-95 law to 31. Under the Environment and Carolina, and Virginia also would con- Project in Las Vegas, Nevada) Public Works Committee’s so-called tinue to get shortchanged. This is not On page 410, between lines 7 and 8, insert formula, which is less a formula than it the right approach, it is unfair, and we the following: is a series of calculations consisting of should do everything we can to ensure SEC. ll. US-95 PROJECT, LAS VEGAS, NEVADA. arbitrary funding caps and floors, some that any bill voted off this floor is (a) IN GENERAL.—Notwithstanding any States would actually receive a greater more equitable for all States. other provision of law, the project identified

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.011 S12PT1 S5016 CONGRESSIONAL RECORD — SENATE May 12, 2005 as the preferred alternative in the document So I would think that everyone should program are actually border States. entitled ‘‘US–95 Project in Las Vegas, Ne- realize that there is not going to be a They are States that have the benefit vada’’, as approved by the Federal Highway perfect formula that makes everybody of some of the provisions to take care Administration on November 18, 1999, and se- happy. of the borders. NAFTA has been passed, lected in the record of decision dated Janu- It is a formula that is as fair as we ary 28, 2000, shall be considered to meet all and there is increased road travel. We requirements of section 102(2)(C) of the Na- can come up with. We have been work- will not have a borders program if we tional Environmental Policy Act of 1969 (42 ing on this for 3 years. This is not do not pass a bill. It would just be an U.S.C. 4332(2)(C)) and any related laws with something that just came out. When extension of the old program. respect to the determination contained in the Senator from Arizona says that Lastly, the firewall protection—we the record of decision. last year’s bill was guaranteed to raise need to make sure that people quit rob- (b) AUTHORIZATION.—The State of Nevada the donor status floor to 95 percent, bing the highway trust fund. I was in may continue construction of the project de- that is easy because we had the money disagreement with the distinguished scribed in subsection (a) to completion. to do it. This year, we do not have the chairman of the Budget Committee, Mr. INHOFE. I ask unanimous con- money to do it. Even with the amend- and I said the problem we have been sent that that amendment be set aside. ment that was passed, all that does is having is people are taking money out The PRESIDING OFFICER. Without raise it from 90.5 percent to 92 percent. of the trust fund and using it for pur- objection, it is so ordered. It is a very difficult thing. poses to establish and support policies Mr. INHOFE. Mr. President, I have a I do not want to use up an inordinate that have nothing to do with transpor- couple of brief comments. I know how amount of time, but I will talk about tation. These are the things that con- sincere the senior Senator from Ari- why we have to do this today. The only cern me. zona is concerning this bill, and it does alternative to passing a bill is to have We want to stay within our time- demonstrate that it is very difficult another extension. If we have another frame. Before turning to Senator BOND, when we are trying to be fair and we extension, we do not really get into the I guess Senator JEFFORDS is not in the are trying to do a formula to make ev- problem. We do not take care of the Chamber, so we will turn to Senator erybody happy. Probably every Senator donor State rate of return. We do not BAUCUS. After that, I ask unanimous is a little bit unhappy with it. That is have any of the new safety core pro- consent that we stay on this course and what makes it, perhaps, a fair formula. grams. We have literally spent months first recognize Senator BAUCUS, and It is true—the Senator was accu- putting this together. Of course, those that after his completion we recognize rate—as far as the history of the Inter- provisions were in the Commerce Com- Senator BOND for up to 10 minutes. state System back in the Eisenhower mittee. We need to respond to the The PRESIDING OFFICER. Without administration and the redistribution deaths on the highways. If we do not objection, it is so ordered. of funds. This is what we have to keep pass the bill, we are not going to have The Senator from Montana. in mind, though: Yes, the Interstate any kind of streamlining of environ- Mr. BAUCUS. Mr. President, it is System is complete, but it still must mental reviews. We are not going to quite clear, especially based upon the be maintained. have any increase in the ability to use vote on the point of order yesterday He talked about the State of Mon- the innovative financing systems where 76 Members of this body voted to tana. Yes, it is true the State of Mon- which are included. waive that point of order indicating tana does not have the population to This bill contains the establishment their support for this program, that support the highways, and yet they of a national commission to explore there is not a lot of controversy re- have to have the highway system. That how to fund transportation in the fu- maining on this bill. There are impor- system, even though it may be com- ture. As the Senator from Arizona said, tant amendments, clearly, that will be 50 years ago we started this system, plete, must be maintained. offered by Members, but I believe all of back during the Eisenhower adminis- In defense of the formula, there are us in this body know that this bill tration. He recognized there was a must be passed and must be passed two ways of doing this. One way, we problem back when he was Major Ei- quickly. It should be passed today, and could do what has been customary in senhower and he was trying to move it probably will be passed today, both the other body, and that is come out goods and services around. He recog- because it is important and also to with a group of projects, take care of a nized there was a problem, but we have avoid the May 31 date when current certain number of people in the passed not changed the way we are funding law expires. Hopefully, we will get a bill, and then walk away from it. That highways for 50 years. conference that will bring back a con- would be very easy. This bill establishes a commission to ference report so we can pass this legis- I will tell my colleagues, what would come up with more innovative ways lation and send it to the President’s be easy is to go ahead and distribute a and allows the States to participate. desk by that time. bunch of funds to 60 Senators and then People are concerned about things such There is one point I wish to make, sit back and say: The rest of you guys, as Safe Routes to School. If we go on though. There is some concern that that is your problem. But we do not do an extension instead of a bill, we are this bill is not fair to every State. We it that way. Instead, in looking at the not going to have Safe Routes to hear this in the committee. We who are formula and the factors, it is an incred- School. There is uncertainty that is managing this bill hear that statement ibly difficult thing we are dealing with. out there. I know my State of Okla- often from a lot of Senators. I under- We have factors that have to do with homa is not any different from the rest stand it. Every Senator is doing what the donor status of the State, the num- of the States. We are on our sixth ex- he or she should do, and that is to fight ber of miles in the State, the age of the tension now. If we are operating on an for his or her State. I compliment State, the passthrough provisions of extension, it could be a 1-month exten- those Senators. It is our job as man- the State, and the fatalities per capita sion, it could be a 1-year extension. agers of the bill and also our job as a of the State. My State of Oklahoma There is no certainty by which we body to do the very best we can to be has a higher per capita fatality rate, can plan the construction and mainte- as fair as possible to all concerned and and therefore one has to come to the nance of highways and do something get this legislation passed. conclusion that there is a reason for about the bridges. The bridges in Okla- I will say a word or two in defense of that. So all of these factors are a part homa are worse than any of the bridges the Western States that are large in of a very complicated formula. in the Nation. It is a life-and-death sit- area but small in population as to why It may be that people will look at it uation. People are dying. We have had this national highway program is fair and say: You do not treat—it is kind of two deaths in Oklahoma just because to us—I represent the State of Mon- interesting. I will hear from people of the condition of the bridges. So we tana—and why it is also fair to some of from the fast growing States who say, are going to have to do something. If the more populous States. We do not get as high as we need to get we operate on extensions, we are not We do not have a lot of people in in our donor status relief, and yet at going to be able to have any of those Montana. Our population density is the same time we hear from some of improvements. about six people per square mile. There the Eastern States that are com- As far as the border program, the are not very many States with a popu- plaining because the floor is too low. States that are complaining about this lation density lower than ours. We are

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.128 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5017 a huge State in area. In fact, the average per capita in their contribu- have a cousin in the business. It helps length across our State of Montana is tions to Federal and State highway to have a ranking member who is also as great as the distance from Wash- funds, whereas folks in other States ranking on Finance with Senator ington, DC, to Chicago. It is that far to pay much more. Montanans, as I men- GRASSLEY. Senator BAUCUS and Sen- drive across Montana. In addition, if tioned, pay $360. South Dakotans pay a ator GRASSLEY have done a great job. one were to overlay Montana over the lot more for highways, more than the It is a pleasure to work with him, with New England States, the State of Mon- national average. People in South Da- Senator GRASSLEY, Senator JEFFORDS tana would include New York and all kota pay about $312 per person. It is in- and, of course, our chairman, Senator the other New England States, and also teresting—New Yorkers actually are INHOFE. include Pennsylvania. I think it would very low. New Yorkers pay only about I hope everybody has been having as include about half of New Jersey. So it $152 per person in their contributions enjoyable a time as those of us who is a large area but very low in popu- to the highways in the State of New have been trying to lead this bill from lation density. The State of Arizona, York. That is half what it is in some the various committees—EPW, Com- for example, has 45 people per square other States. merce, Finance. I know this is a very mile. Montana, as I mentioned, has Everybody can bring out figures and pleasurable experience. But the time about six people per square mile. statistics. But I do think, for the sake has come for it to end. It is time for us This is a national program. We are of equity and fairness, it makes sense to invoke cloture. That is why we are trying to get all States included. New to get a good bit of these statistics out asking our colleagues to put an end to Jersey, I might add, has a population in the open, on the record, so we all un- this. All good things have to come to a density of about 1,100 people per square derstand and realize it is not a perfect close. If we are to get this bill done, we mile. New York has about 401 people bill, but it is a bill that by and large need to invoke cloture and give it a per square mile. Again, Montana has accomplishes what it is intended to ac- timeframe. We have already limited six people per square mile. This is a na- complish—that is provide the resources the number of amendments. tional highway program. We want so we can build and maintain our high- The simple fact is we have to get this Americans to be able to travel freely ways, our mass transit, and some of the bill to conference. We have to go to across all States, the more populated other programs affiliated with the work with the House to come up with a States and also the less populated highway program. very important surface transportation States. We want our commerce to trav- I thank the chairman, who is doing a bill, known as SAFETEA, this year. el nationwide, for truckers to be able great job managing this bill. I also The extension expires in May. We are to drive their vehicles across the very much thank Senator JEFFORDS, operating on our sixth extension. The United States virtually unimpeded. We the ranking member of the Environ- original bill, the last bill, ran out on do not want a situation where some ment and Public Works Committee, for September 30, 2003. We have had exten- States have the resources to build nice excellent leadership. Also I give special sions. We have missed the deadline. We new highways and other States, just thanks to my colleague on the Finance absolutely have to get this bill passed. because there aren’t any people there, Committee, Senator GRASSLEY. He and If the extension expires and we do do not have the resources to build I have worked closely together to pro- not do anything, not only does the U.S. highways, so it would be an uneven sys- vide the revenue for this bill and it is Department of Transportation shut tem. basically through gasoline taxes and down but States would not be able to Clearly, not everybody is unhappy. other excise taxes. issue new contracts for summer con- We have done the best we can to make I remind my colleagues this legisla- struction programs on Federal aid this as balanced as it could possibly be. tion before us does not add to the Fed- highways. We would have a significant I think the vote yesterday, while it is eral deficit, not at all. In fact, it re- economic blow to our country as well not a direct vote, is an indirect indica- duces the Federal deficit. It reduces as a delay in the building of our nec- tion that most Senators are pretty sat- the Federal deficits; that is, our na- essary roads. isfied. When 76 Senators vote to waive tional debt, by about $14 billion over 10 Cloture will enable us to get to con- the point of order that was made yes- years. We reduce the national debt— ference. It is going to be a very dif- terday, that is a vote in favor of the not by a lot, but we reduce it. We do ferent conference. The House has a highway bill. I think that is a pretty not add to the debt. We reduce the debt measure that is essentially project ori- good indication this is a fair and bal- by about $14 billion over 10 years. ented. As has been stated by my col- anced bill. Those who are concerned that this is leagues on both sides of the aisle here, Different States have different State a spending bill, that this bill adds to we have attempted to achieve equity gasoline taxes to help pay for the high- the national debt and deficit, that is by a very complex formula. The Sen- ways in their States, matching along not accurate. As a reminder, this bill ator from Montana made a very impor- with the Federal contributions. We in does not add at all to Federal deficit, tant point. When we came to the floor, the State of Montana pay a lot also per not one dime. It is all paid for. we added $11 billion. Why did we do capita in our contributions to State I know a lot of proposals a lot of Sen- this? The administration’s own Depart- and Federal highway trust funds, a lot ators have, either to lower taxes or ment of Transportation puts out annu- more than most other States. In our spend money on something, are not ally a conditions and performance re- State of Montana we spend about $360 paid for. This big highway program is port. Even with the $11 billion we per person per year in contributions to all paid for. It is jobs for America. It is added to the base number of $284 bil- the highways. The national average is infrastructure for America so we Amer- lion, according to the administration’s about $250 per person per year. We in icans can live the life we want to lead, own report, it still is not enough Montana spend $360 per person per have the highways we want to have, money even to maintain our current year. I point out that the folks in Ari- and compete in the modern world and system. That is why money was added. zona are actually below the average. off in the future with a good highway That is why the Finance Committee The contributions the people in Ari- system. was given the authority under the Tal- zona pay to the highway trust fund, The PRESIDING OFFICER. Under ent-Stabenow amendment to add both to the State and Federal highway the previous order, the Senator from money. That is why we waived the trust funds, is about $235 per Arizonan Missouri is recognized. point of order—because this money is per year. That is below the national av- Mr. INHOFE. Mr. President, how important. erage. much time is remaining on this side? We heard my good friend, the Sen- That is fine. That is a decision in The PRESIDING OFFICER. Thirteen ator from Arizona, complaining about large part the people in Arizona are minutes. The Senator from Missouri. adding money, implying it was adding making because of their State gasoline Mr. BOND. Mr. President, my thanks to the deficit. You have already heard taxes. But it is also a consequence of a to the chairman and also to my col- that is pure nonsense. There is, as a lot of other factors in the formula for league on the Transportation Infra- matter of fact, a positive impact be- the States. The long and short of it is structure Subcommittee, the Senator cause the Finance Committee has not Arizonans pay less than the national from Montana. As I say, it helps to only added money to the highway trust

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.016 S12PT1 S5018 CONGRESSIONAL RECORD — SENATE May 12, 2005 fund, but to make sure there was no have greater than 1 fatality per 100 beyond Minnesota’s highway construc- shortfall in the general revenue sec- million vehicle miles traveled. That is tion situation that the money the Sen- tions, they added more general rev- Missouri and it is 17 other States. Ac- ate wanted a year ago, that would be enue. There is more general revenue tually it is Arizona as well. providing for needs this year if not for coming in than before as a result of If this is a SAFETEA bill, shouldn’t certain pressures—and is beyond the this amendment we adopted, and there you consider safety? I certainly think realm of common sense not to have is more money in the highway trust so. Some of the border State people say passed this. So be it. fund. we need more money because we are on I thank the chairman and the rank- Regarding the point made by the the borders. I will have a chart this ing member for, as I understand it, ac- Senator from Arizona, if the situation afternoon that shows an interesting cepting an amendment I offered, along were not so serious, it would be funny. point of information. Some of the with Senator LUGAR, also cosponsored There is nothing like a good joke like heaviest traffic—some of the heaviest by my colleague from Minnesota, Sen- having a Senator complaining he is not tie-ups, the bottlenecks—is in the mid- ator COLEMAN, Senator HARKIN, Sen- getting enough money and complaining dle of America where East and West, ator GRASSLEY, Senator DURBIN, Sen- we added money when adding that North and South, Southwest and ator BROWNBACK, and Senator BINGA- money brings the State of Arizona in- Northeast traffic all come together. MAN. It is a simple amendment that crease from last year’s bill to 40.6 per- When you look at the traffic in trucks calls for cars produced starting the cent. They do fantastically well. They on our highways on a U.S. Department model year of 2007 to have a sticker in are one of the top three winners in the of Transportation map, there is a great two different locations indicating the whole bill—top four, and he is com- big artery clog right in the heart of presence of a flexible fuel engine that plaining we added money. America, in Missouri, in Oklahoma, in allows a car or other gasoline-con- You know the old story about the Illinois. That is where the traffic is the suming vehicle to use regular gasoline boy who kills his parents and when heaviest. We need a crossroads factor or up to 85-percent ethanol, which in charged with murder he throws himself in the formula. Minnesota is called E–85 which is 85- on the mercy of the court because he is It is not the border States alone that percent ethanol, 15-percent regular un- an orphan. You can either complain have needs. We in the middle of Nation leaded and is used as a substitute for about not getting enough money or you need that formula. Missouri has the regular unleaded gasoline in vehicles can complain about having more fifth worst roads in the Nation; 65 per- that have these flexible fuel engines. money added to the bill; you cannot do cent of its roads are in fair to poor con- I have two cars, factory-produced both at the same time. You have to dition, requiring immediate repair. Ford Explorers—one in Washington, pick one side of the fence or the other. Missouri also ranks fourth from the DC, where unfortunately I cannot find This bill does have very important bottom in number of structurally defi- the fuel, and one in Minnesota, where I aspects. First and foremost, the eco- cient and functionally obsolete bridges. can—which are as efficient as my pre- nomic impact—47,500 jobs are created I say that humbly, knowing that my vious vehicles using regular gasoline, for every $1 billion spent. That is im- colleague’s—the chairman of the com- and presently in Minnesota between 30 mediate economic impact. The longer mittee—home State of Oklahoma and 40 cents a gallon cheaper than reg- term economic impact of a good trans- ranks below Missouri. ular unleaded. portation bill, as I have pointed out on Yet for all the complaining about the floor before—as a former Governor how well our States do, we grow at the Consumers will use this fuel as a of my State, I know if you want to average rate of 30.40 percent. We grow lower cost alternative if they have cars know where economic growth is going in that neighborhood. Yet we are at the or vehicles that can use it, which is to occur, where jobs are going to grow, bottom of the list of worst roads and why I have another amendment to offer you take a look at the transportation worst bridges in dangerous condition. to the Energy bill that requires vehi- system. You have to have good trans- That is why this bill is so important. cles produced starting model year 2007 portation to create good jobs and to I urge my colleagues to invoke cloture, or thereafter to all carry a flexible fuel have a strong economy. and I reserve the remaining time on engine so consumers have this lower There are also aspects of this bill, of this side. cost option. At least those who buy course, that improve our environment, The PRESIDING OFFICER. The Sen- these vehicles will be aware they have because we are reducing congestion. We ator from Montana. a flexible fuel engine and can take ad- are putting environmental planning at Mr. BAUCUS. Mr. President, I yield vantage of this much lower cost fuel. the start of the planning process so we whatever time the Senator from Min- This amendment is supported by the can take care of environmental con- nesota desires. National Ethanol Vehicle Association, cerns sooner. The PRESIDING OFFICER. The Sen- by the National Corn Growers Associa- But the real name of this bill is the ator from Minnesota is recognized. tion, by the Governors Ethanol Coali- SAFETEA bill, and safety is probably Mr. DAYTON. Mr. President, I salute tion which Governor Pawlenty from the most important part of this bill as the chairman and the ranking member Minnesota chairs, the Renewable Fuels far as my State is concerned. I have for this excellent legislation. I will Association, National Farmers Union. told this body several times of the support a cloture motion. The automakers are neutral to it. number of friends I have lost on high- It is very important we pass this leg- I thank the Chair and ranking mem- ways in Missouri. You can travel many islation as expeditiously as possible for ber for accepting it and hope it will be national highways, Federal aid high- States such as Minnesota which have a enacted soon. ways in Missouri, that are two-lane short highway construction season. I ask unanimous consent Senator roads with traffic that merits having I wish we had been able to put into BROWNBACK be added as a cosponsor to four lanes. Do you know what happens place the Senate version a year ago. I the Lugar Dayton amendment. when you have a slow-moving livestock salute Chairman INHOFE for his tireless The PRESIDING OFFICER. Without truck or piece of equipment, construc- efforts, working with his associates in objection, it is so ordered. the House and also the administration, tion equipment or farm equipment, on Mr. DAYTON. I suggest the absence in an effort to pass what would have a narrow two-lane road? Traffic backs of a quorum. up and backs up and somebody—very been an excellent Senate bill a year often a stranger to the area—tries to ago. The PRESIDING OFFICER. The pull out and pass, with tragic results. This bill is as good as it could be, clerk will call the roll. We see white crosses marking our high- given some of the pressures. It is a The legislative clerk proceeded to ways where people have lost their lives. mystery to me, knowing the serious call the roll. Unfortunately, the number of those state of disrepair of our highways in Mr. INHOFE. Mr. President, I ask white crosses grows. Minnesota and the lack of funding at unanimous consent that the order for The Senator from Arizona has com- the State and particularly the local the quorum call be rescinded. plained about the criteria used in the level—it is hard to imagine how any The PRESIDING OFFICER. Without formula for money going to States that other State could be so far advanced objection, it is so ordered.

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AMENDMENTS NOS. 574, 598, 624 AS MODIFIED, 628, shall be construed to affect the treatment of (3) EARTHQUAKE.—The term ‘‘earthquake’’ 634 AS MODIFIED, 643, 670 AS MODIFIED, 681 AS the private use of proceeds or property fi- means the Nisqually earthquake of 2001. MODIFIED, 621, 622, 666 AS MODIFIED, 685, 694, 705 nanced with obligations issued by the cor- (4) FUND.—The term ‘‘Fund’’ means the AS MODIFIED, 708 AS MODIFIED, 713 AS MODI- poration for purposes of section 103 of the In- emergency fund authorized under section 125 FIED, 737, 725, 726 AS MODIFIED, AND 755 TO ternal Revenue Code of 1986 and part IV of of title 23, United States Code. AMENDMENT NO. 725 subchapter B of such Code. (5) STATE.—The term ‘‘State’’ means the Mr. INHOFE. Mr. President, I have a (d) DEFINITIONS.—For purposes of this sec- Washington State Department of Transpor- series of amendments that have been tion: tation. (1) REAL ESTATE INVESTMENT TRUST.—The (6) VIADUCT.—The term ‘‘Viaduct’’ means cleared on both sides. I ask unanimous term ‘‘real estate investment trust’’ has the the Alaska Way Viaduct. consent the pending amendments be meaning given such term by section 856(a) of (c) STUDY.— set aside provided, further, that the the Internal Revenue Code of 1986. (1) IN GENERAL.—As soon as practicable list of amendments I have sent to the (2) NON-OPERATING CLASS III RAILROAD.— after the date of enactment of this Act, the desk, including modifications to some The term ‘‘non-operating class III railroad’’ Administrator, in cooperation with the State of those amendments, be agreed to en has the meaning given such term by part A and the City, shall conduct a comprehensive bloc, the motion to reconsider be laid of subtitle IV of title 49, United States Code study to determine the specific damage to the Viaduct from the earthquake that con- upon the table, and any statements re- (49 U.S.C. 10101 et seq.), and the regulations thereunder. tribute to the ongoing degradation of the Vi- lating to the amendments be printed in (3) STATE.—The term ‘‘State’’ includes— aduct. the RECORD. (A) the District of Columbia and any pos- (2) REQUIREMENTS.—The study under para- The PRESIDING OFFICER. Without session of the United States, and graph (1) shall— objection, it is so ordered. (B) any authority, agency, or public cor- (A) identify any repair, retrofit, and re- The amendments were agreed to, as poration of a State. placement costs for the Viaduct that are eli- follows: (e) APPLICABILITY.— gible for additional assistance from the (1) IN GENERAL.—Except as provided in Fund, consistent with the emergency relief AMENDMENT NO. 574 paragraph (2), this section shall apply on and manual governing eligible expenses from the (Purpose: To allow States to own the entire after the date on which a State becomes the Fund; and interest of a real estate investment trust owner of all of the outstanding stock of a (B) determine the amount of assistance without tax consequences in order to assist corporation described in subsection (a) from the Fund for which the Viaduct is eligi- the State in preserving its railroad infra- through action of such corporation’s board of ble. structure, and for other purposes) directors. (3) REPORT.—Not later than 180 days after At the appropriate place, insert the fol- (2) EXCEPTION.—This section shall not the date of enactment of this Act, the Ad- lowing: apply to any State which— ministrator shall submit to Congress a re- port that describes the findings of the study. SEC. ll. TAX TREATMENT OF STATE OWNER- (A) becomes the owner of all of the voting SHIP OF RAILROAD REAL ESTATE IN- stock of a corporation described in sub- AMENDMENT NO. 628 VESTMENT TRUST. section (a) after December 31, 2003, or (Purpose: To reestablish the University of (a) IN GENERAL.—If a State owns all of the (B) becomes the owner of all of the out- Buffalo as an appropriate research center outstanding stock of a corporation— standing stock of a corporation described in for research on the impact of seismic activ- (1) which is a real estate investment trust subsection (a) after December 31, 2006. ity on the Federal-aid highway system) on the date of the enactment of this Act, AMENDMENT NO. 598 On page 439, line 3, insert ‘‘and the Na- (2) which is a non-operating class III rail- (Purpose: To provide a 90 percent Federal tional Center for Earthquake Engineering road, and match for bridge projects on the Interstate Research at the University of Buffalo,’’ after (3) substantially all of the activities of Highway System) ‘‘Reno,’’. which consist of the ownership, leasing, and In section 120(a)(1) of title 23, United AMENDMENT NO. 634, AS MODIFIED operation by such corporation of facilities, States Code (as amended by section 1301), in- After Sec. 7260 of title VII: equipment, and other property used by the sert ‘‘a bridge project or’’ before ‘‘a project SEC. 1623. IDENTIFICATION OF CERTAIN ALTER- corporation or other persons for railroad to add’’. NATIVE FUELED VEHICLES. transportation and for economic develop- In section 144 of title 23, United States (a) IN GENERAL.—Section 32908 of title 49, ment purposes for the benefit of the State Code (as amended by section 1807(a)(9)), United States Code, is amended— and its citizens, strike subsection (r) and insert the fol- (1) by redesignating subsections (e) and (f) then, to the extent such activities are of a lowing: as subsection (f) and (g), respectively; and type which are an essential governmental ‘‘(r) FEDERAL SHARE.— (2) by inserting after subsection (d) the fol- function within the meaning of section 115 of ‘‘(1) IN GENERAL.—Except as provided under lowing new subsection: the Internal Revenue Code of 1986, income paragraph (2), the Federal share of the cost ‘‘(e) IDENTIFICATION OF CERTAIN ALTER- derived from such activities by the corpora- of a project payable from funds made avail- NATIVE FUELED VEHICLES.—A manufacturer tion shall be treated as accruing to the State able to carry out this section shall be the shall affix, or have affixed, to each dual for purposes of section 115 of such Code. share applicable under section 120(b), as ad- fueled automobile manufactured by the man- (b) GAIN OR LOSS NOT RECOGNIZED ON CON- justed under section 120(d). ufacturer (including each light duty truck) VERSION.—Notwithstanding section 337(d) of ‘‘(2) INTERSTATE SYSTEM.—The Federal that may be operated on the alternative fuel the Internal Revenue Code of 1986— share of the cost of a project on the Inter- described in section 32901(a)(1)(D)— (1) no gain or loss shall be recognized under state System payable from funds made avail- ‘‘(1) a permanent label inside the auto- section 336 or 337 of such Code, and able to carry out this section shall be the mobile’s fuel door compartment that— (2) no change in basis of the property of share applicable under section 120(a).’’. ‘‘(A) meets the requirements of the regula- tions prescribed by the Administrator for such corporation shall occur, AMENDMENT NO. 624, AS MODIFIED such label; and because of any change of status of a corpora- At the end of subtitle H of title I, add the ‘‘(B) states that the automobile may be op- tion to a tax-exempt entity by reason of the following: erated on the alternative fuel described in application of subsection (a). SEC. 18ll. ALASKA WAY VIADUCT STUDY. section 32901(a)(1)(D) and identifies such al- (c) TAX-EXEMPT FINANCING.— (a) FINDINGS.—Congress finds that— ternative fuel; and (1) IN GENERAL.—Any obligation issued by a (1) in 2001, the Alaska Way Viaduct, a crit- ‘‘(2) a temporary label to the window or corporation described in subsection (a) at ical segment of the National Highway Sys- windshield of the automobile that— least 95 percent of the net proceeds (as de- tem in Seattle, Washington, was seriously ‘‘(A) meets the requirements of the regula- fined in section 150(a) of the Internal Rev- damaged by the Nisqually earthquake; tions prescribed by the Administrator for enue Code of 1986) of which are to be used to (2) an effort to address the possible repair, such label; and provide for the acquisition, construction, or retrofit, or replacement of the Alaska Way ‘‘(B) identifies the automobile as capable improvement of railroad transportation in- Viaduct that conforms with the National En- of operating on such alternative fuel.’’. frastructure (including railroad terminal fa- vironmental Policy Act of 1969 (42 U.S.C. 4321 (b) REGULATIONS.—Not later than March 1, cilities)— et seq.) is underway; and 2006, the Administrator of the Environ- (A) shall be treated as a State or local (3) as a result of the efforts referred to in mental Protection Agency shall promulgate bond (within the meaning of section 103(c) of paragraph (1), a locally preferred alternative regulations— such Code), and for the Alaska Way Viaduct is being devel- (1) for the label referred to in paragraph (1) (B) shall not be treated as a private activ- oped. of section 32908(e) of title 49, United States ity bond (within the meaning of section (b) DEFINITIONS.—In this section: Code, as amended by subsection (a), that de- 103(b)(1) of such Code) solely by reason of the (1) ADMINISTRATOR.—The term ‘‘Adminis- scribe— ownership or use of such railroad transpor- trator’’ means the Administrator of the Fed- (A) the language that shall be set out on tation infrastructure by the corporation. eral Highway Administration. the label, including a statement that the ve- (2) NO INFERENCE.—Except as provided in (2) CITY.—The term ‘‘City’’ means the city hicle is capable of operating on a mixture of paragraph (1), nothing in this subsection of Seattle, Washington. 85 percent ethanol blended with gasoline; and

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(B) the appropriate size and color of the ‘‘(2) RESIDENTIAL ALTERNATIVE FUEL VEHI- (3) Section 6501(m) is amended by inserting font of such language so that it is con- CLE REFUELING PROPERTY.—The term ‘resi- ‘‘30B(f)(5),’’ after ‘‘30(d)(4),’’. spicuous to the individual introducing fuel dential alternative fuel vehicle refueling (4) The table of sections for subpart B of into the vehicle; and property’ means qualified alternative fuel part IV of subchapter A of chapter 1 is (2) for the temporary window or windshield vehicle refueling property which is installed amended by inserting after the item relating label referred to in paragraph (2) of such sec- on property which is used as the principal to section 30A the following new item: tion 32908(e), that— residence (within the meaning of section 121) ‘‘Sec. 30B. Alternative fuel vehicle re- (A) prohibit the label from being removed of the taxpayer. fueling property credit.’’. by any seller prior to the final sale of the ve- ‘‘(3) RETAIL ALTERNATIVE FUEL VEHICLE RE- (c) EFFECTIVE DATE.—The amendments hicle to a consumer; and FUELING PROPERTY.—The term ‘retail alter- made by this section shall apply to property (B) describe the specifications of the label, native fuel vehicle refueling property’ means placed in service after the date of the enact- including that the label shall be— qualified alternative fuel vehicle refueling ment of this Act, in taxable years ending (i) prominently displayed and conspicuous property which is of a character subject to after such date. on the vehicle; and an allowance for depreciation. (ii) separate from any other window or ‘‘(d) APPLICATION WITH OTHER CREDITS.— SEC. 5310. MODIFICATION OF RECAPTURE RULES windshield sticker, decal, or label. The credit allowed under subsection (a) for FOR AMORTIZABLE SECTION 197 IN- TANGIBLES. (c) COMPLIANCE.— any taxable year shall not exceed the excess (a) IN GENERAL.—Subsection (b) of section (1) IN GENERAL.—A manufacturer shall be (if any) of— required to comply with the requirements of ‘‘(1) the regular tax for the taxable year re- 1245 is amended by adding at the end the fol- section 32908(e) of title 49, United State Code, duced by the sum of the credits allowable lowing new paragraph: as amended by subsection (a), for a vehicle under subpart A and sections 27, 29, and 30, ‘‘(9) DISPOSITION OF AMORTIZABLE SECTION that is manufactured for a model year after over 197 INTANGIBLES.— model year 2006. ‘‘(2) the tentative minimum tax for the ‘‘(A) IN GENERAL.—If a taxpayer disposes of more than 1 amortizable section 197 intan- (2) MODEL YEAR DEFINED.—In this sub- taxable year. section, the term ‘‘model year’’ shall have ‘‘(e) CARRYFORWARD ALLOWED.— gible (as defined in section 197(c)) in a trans- the meaning given such term in section ‘‘(1) IN GENERAL.—If the credit amount al- action or a series of related transactions, all 32901(a) of such title. lowable under subsection (a) for a taxable such amortizable 197 intangibles shall be treated as 1 section 1245 property for pur- (d) VIOLATIONS.— year exceeds the amount of the limitation poses of this section. (1) IN GENERAL.—Section 32908(f) of title 49, under subsection (d) for such taxable year, United States Code, as redesignated by sub- such excess shall be allowed as a credit ‘‘(B) EXCEPTION.—Subparagraph (A) shall section (a), is amended by inserting ‘‘or (e)’’ carryforward for each of the 20 taxable years not apply to any amortizable section 197 in- after ‘‘subsection (b)’’. following the unused credit year. tangible (as so defined) with respect to which the adjusted basis exceeds the fair market (2) CONFORMING AMENDMENT.—Section ‘‘(2) RULES.—Rules similar to the rules of 32911(a) of such title is amended by inserting section 39 shall apply with respect to the value.’’. ‘‘32908(e),’’ after ‘‘32908(b),’’. credit carryforward under paragraph (1). (b) EFFECTIVE DATE.—The amendment ‘‘(f) SPECIAL RULES.—For purposes of this made by this section shall apply to disposi- AMENDMENT NO. 643 section— tions of property after the date of the enact- (Purpose: To establish the Federal share of ‘‘(1) BASIS REDUCTION.—The basis of any ment of this Act. the cost of constructing a bridge in the property shall be reduced by the portion of AMENDMENT NO. 681, AS MODIFIED State of North Dakota) the cost of such property taken into account Beginning on page 267, strike line 18 and On page 410, between lines 7 and 8, insert under subsection (a). all that follows through page 270, line 15 and the following: ‘‘(2) NO DOUBLE BENEFIT.—No deduction insert the following: SEC. ll. BRIDGE CONSTRUCTION, NORTH DA- shall be allowed under section 179A with re- SEC. 1612. ADDITION TO CMAQ-ELIGIBLE KOTA. spect to any property with respect to which PROJECTS. Notwithstanding any other provision of a credit is allowed under subsection (a). (a) ELIGIBLE PROJECTS.—Section 149(b) of law, and regardless of the source of Federal ‘‘(3) PROPERTY USED BY TAX-EXEMPT ENTI- title 23, United States Code, is amended— funds, the Federal share of the eligible costs TY.—In the case of any qualified alternative (1) in paragraph (4), by striking ‘‘or’’ at the of construction of a bridge between Bis- fuel vehicle refueling property the use of end; marck, North Dakota, and Mandan, North which is described in paragraph (3) or (4) of (2) in paragraph (5), by striking the period Dakota, shall be 90 percent. section 50(b) and which is not subject to a at the end and inserting a semicolon; and AMENDMENT NO. 670, AS MODIFIED lease, the person who sold such property to the person or entity using such property (3) by adding at the end the following: On page 635, between lines 3 and 4, insert shall be treated as the taxpayer that placed ‘‘(6) if the project or program is for the the following: such property in service, but only if such purchase of alternative fuel (as defined in SEC. 5309. INCENTIVES FOR THE INSTALLATION person clearly discloses to such person or en- section 301 of the Energy Policy Act of 1992 OF ALTERNATIVE FUEL REFUELING tity in a document the amount of any credit (42 U.S.C. 13211)) or biodiesel; STATIONS. allowable under subsection (a) with respect ‘‘(7) if the project or program involves the (a) IN GENERAL.—Subpart B of part IV of to such property (determined without regard purchase of integrated, interoperable emer- subchapter A of chapter 1 (relating to foreign to subsection (d)). gency communications equipment; or tax credit, etc.) is amended by adding at the ‘‘(4) PROPERTY USED OUTSIDE UNITED ‘‘(8) if the project or program is for— end the following new section: STATES, ETC., NOT QUALIFIED.—No credit shall ‘‘(A) diesel retrofit technologies that are— ‘‘SEC. 30B. ALTERNATIVE FUEL VEHICLE REFUEL- be allowable under subsection (a) with re- ‘‘(i) for motor vehicles (as defined in sec- ING PROPERTY CREDIT. spect to any property referred to in section tion 216 of the Clean Air Act (42 U.S.C. 7550)); ‘‘(a) CREDIT ALLOWED.—There shall be al- 50(b)(1) or with respect to the portion of the or lowed as a credit against the tax imposed by cost of any property taken into account ‘‘(ii) published in the list under subsection this chapter for the taxable year an amount under section 179. (f)(5) for non-road vehicles and non-road en- equal to 50 percent of the cost of any quali- ‘‘(5) ELECTION NOT TO TAKE CREDIT.—No gines (as defined in section 216 of the Clean fied alternative fuel vehicle refueling prop- credit shall be allowed under subsection (a) Air Act (42 U.S.C. 7550)) that are used in con- erty placed in service by the taxpayer during for any property if the taxpayer elects not to struction projects that are— the taxable year. have this section apply to such property. ‘‘(I) located in nonattainment or mainte- ‘‘(b) LIMITATION.—The credit allowed under ‘‘(6) RECAPTURE RULES.—Rules similar to nance areas for ozone, PM10, or PM2.5 (as de- subsection (a)— the rules of section 179A(e)(4) shall apply. fined under the Clean Air Act (42 U.S.C. 7401 ‘‘(1) with respect to any retail alternative ‘‘(g) REGULATIONS.—The Secretary shall et seq.)); and fuel vehicle refueling property, shall not ex- prescribe such regulations as necessary to ‘‘(II) funded, in whole or in part, under this ceed $30,000, and carry out the provisions of this section. title; or ‘‘(2) with respect to any residential alter- ‘‘(h) TERMINATION.—This section shall not ‘‘(B) outreach activities that are designed native fuel vehicle refueling property, shall apply to any property placed in service after to provide information and technical assist- not exceed $1,000. December 31, 2009.’’. ance to the owners and operators of diesel ‘‘(c) DEFINITIONS.—For purposes of this sec- (b) CONFORMING AMENDMENTS.— equipment and vehicles regarding the emis- tion— (1) Section 1016(a) is amended by striking sion reduction strategy.’’. ‘‘(1) QUALIFIED ALTERNATIVE FUEL VEHICLE ‘‘and’’ at the end of paragraph (30), by strik- (b) STATES RECEIVING MINIMUM APPORTION- REFUELING PROPERTY.—The term ‘qualified ing the period at the end of paragraph (31) MENT.—Section 149(c) of title 23, United alternative fuel vehicle refueling property’ and inserting ‘‘, and’’, and by adding at the States Code, is amended— has the same meaning given for clean-fuel end the following new paragraph: (1) in paragraph (1), by striking ‘‘for any vehicle refueling property by section 179A(d), ‘‘(32) to the extent provided in section project eligible under the surface transpor- with respect to any fuel at least 85 percent of 30B(f)(1).’’. tation program under section 133.’’ and in- the volume of which consists of ethanol, nat- (2) Section 55(c)(2) is amended by inserting serting the following: ‘‘for any project in the ural gas, CNG, LNG, LPG and hydrogen. ‘‘30B(d),’’ after ‘‘30(b)(3),’’. State that—

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.002 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5021 ‘‘(A) would otherwise be eligible under this ment or existing vehicle emission tech- and the implementation of community vi- section as if the project were carried out in nology. sions for the future; and a nonattainment or maintenance area; or ‘‘(5) EMISSION REDUCTION STRATEGY GUID- (3) methods of facilitating the use of suc- ‘‘(B) is eligible under the surface transpor- ANCE.—The Administrator, in consultation cessful models or best practices in transpor- tation program under section 133.’’; and with the Secretary, shall publish a non- tation investment or development to accom- (2) in paragraph (2), by striking ‘‘for any binding list of emission reduction strategies plish— project in the State eligible under section and supporting technical information for— (A) enhancement of community identity; 133.’’ and inserting the following: ‘‘for any ‘‘(A) diesel emission reduction tech- (B) protection of public health and safety; project in the State that— nologies certified or verified by the Adminis- (C) provision of a variety of choices in ‘‘(A) would otherwise be eligible under this trator, the California Air Resources Board, housing, shopping, transportation, employ- section as if the project were carried out in or any other entity recognized by the Ad- ment, and recreation; a nonattainment or maintenance area; or ministrator for the same purpose; (D) preservation and enhancement of exist- ‘‘(B) is eligible under the surface transpor- ‘‘(B) diesel emission reduction technologies ing infrastructure; and tation program under section 133.’’. identified by the Administrator as having an (E) creation of a greater sense of commu- (c) RESPONSIBILITY OF STATES.—Section 149 application and approvable test plan for nity through public involvement. of title 23, United States Code, is amended by verification by the Administrator or the (c) ADMINISTRATION.— adding at the end the following: California Air Resources board that is sub- (1) IN GENERAL.—To carry out this section, ‘‘(f) COST-EFFECTIVE EMISSION REDUCTION mitted not later that 18 months of the date the Secretary shall make a grant to, or enter STRATEGIES.— of enactment of this Act; into a cooperative agreement or contract ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(C) available information regarding the with, a national organization with expertise ‘‘(A) ADMINISTRATOR.—The term ‘Adminis- emission reduction effectiveness and cost ef- in the design of a wide range of transpor- trator’ means the Administrator of the Envi- fectiveness of technologies identified in this tation and infrastructure projects, including ronmental Protection Agency. paragraph, taking into consideration health the design of buildings, public facilities, and ‘‘(B) CMAQ RESOURCES.—The term ‘CMAQ effects; surrounding communities. resources’ means resources available to a ‘‘(D) options and recommendations for the (2) FEDERAL SHARE.—Notwithstanding sec- State to carry out the congestion mitigation structure and content of emission reduction tion 1221(e)(2) of the Transportation Equity and air quality improvement program under strategies including— Act for the 21st Century (23 U.S.C. 101 note), this section. ‘‘(i) emission reduction performance cri- the Federal share of the cost of the study ‘‘(C) DIESEL RETROFIT TECHNOLOGY.—The teria; under this section shall be 100 percent. term ‘diesel retrofit technology’ means a re- ‘‘(ii) financial incentives that use CMAQ (d) REPORT.—Not later than September 20, placement, repowering, rebuilding, after resources and State resources; 2006, the Secretary shall submit to the Com- treatment, or other technology, as deter- ‘‘(iii) procedures to facilitate access by mittee on Transportation and Infrastructure mined by the Administrator. contractors to financial incentives; of the House of Representatives and the Committee on Environment and Public ‘‘(2) EMISSION REDUCTION STRATEGIES.— ‘‘(iv) contract incentives, allowances, and Each State shall develop, implement, and pe- procedures; Works of the Senate a report on the results riodically revise emission reduction strate- ‘‘(v) methods of voluntary emission reduc- of the study under this section. UTHORIZATION.—Of the amounts made gies comprised of any methods determined to tions; and (e) A available to carry out section 1221 of the be appropriate by the State that are con- ‘‘(vi) other means that may be employed to Transportation Equity Act for the 21st Cen- sistent with section 209 of the Clean Air Act reduce emissions from construction activi- tury (23 U.S.C. 101 note), $1,000,000 shall be (42 U.S.C. 7542) for engines and vehicles that ties; and available for each of fiscal years 2005 and 2006 are used in construction projects that are— ‘‘(6) PRIORITY.—States and metropolitan to carry out this section. ‘‘(A) located in nonattainment areas for planning organizations shall give priority in distributing funds received for congestion AMENDMENT NO. 622 ozone, PM10, or PM2.5 (as defined under the Clean Air Act (42 U.S.C. 7401 et seq.)); and management and air quality projects and (Purpose: To provide for the development of ‘‘(B) funded, in whole or in part, under this programs to finance of diesel retrofit and a comprehensive coastal evacuation plan) title. cost-effective emission reduction activities At the end of subtitle H of title I, add the ‘‘(3) STATE CONSIDERATIONS.—In developing identified by States in the emission reduc- following: tion strategies developed under this sub- emission reduction strategies, each State— SEC. ll. COMPREHENSIVE COASTAL EVACU- ‘‘(A) may include any means to reduce section. ATION PLAN. ‘‘(7) NO EFFECT ON AUTHORITY OR RESTRIC- emissions that are determined to be appro- (a) IN GENERAL.—The Secretary of Trans- priate by the State; but TIONS.—Nothing in this subsection modifies portation and the Secretary of Homeland Se- ‘‘(B) shall— any authority or restriction established curity (referred to in this section as the ‘‘(i) consider guidance issued by the Ad- under the Clean Air Act (42 U.S.C. 7401 et ‘‘Secretaries’’) shall jointly develop a writ- ministrator under paragraph (5); seq.).’’. ten comprehensive plan for evacuation of the ‘‘(ii) limit technologies to those identified AMENDMENT NO. 621 coastal areas of the United States during by the Administrator under paragraph (5); (Purpose: To provide for the conduct of a any natural or man-made disaster that af- ‘‘(iii) provide contractors with guidance community enhancement study) fects coastal populations. and technical assistance regarding the im- (b) CONSULTATION.—In developing the com- At the end of subtitle H of title I, add the plementation of emission reduction strate- prehensive plan, the Secretaries shall con- following: gies; sult with Federal, State, and local transpor- ‘‘(iv) give special consideration to small SEC. 18ll. COMMUNITY ENHANCEMENT STUDY. tation and emergency management officials businesses that participate in projects fund- (a) IN GENERAL.—The Secretary shall con- that have been involved with disaster related ed under this title; duct a study on— evacuations. ‘‘(v) place priority on the use of— (1) the role of well-designed transportation (c) CONTENTS.—The comprehensive plan ‘‘(I) diesel retrofit technologies and activi- projects in— shall— ties; (A) promoting economic development; (1) consider, on a region-by-region basis, ‘‘(II) cost-effective strategies; (B) protecting public health, safety, and the extent to which coastal areas may be af- ‘‘(III) financial incentives using CMAQ re- the environment; and fected by a disaster; and sources and State resources; and (C) enhancing the architectural design and (2) address, at a minimum— ‘‘(IV) strategies that maximize health ben- planning of communities; and (A) all practical modes of transportation efits; and (2) the positive economic, cultural, aes- available for evacuations; ‘‘(vi) not include any activities prohibited thetic, scenic, architectural, and environ- (B) methods of communicating evacuation by paragraph (4). mental benefits of those projects for commu- plans and preparing citizens in advance of ‘‘(4) STATE LIMITATIONS.—Emission reduc- nities. evacuations; tion strategies may not— (b) CONTENTS.—The study shall address— (C) methods of coordinating communica- ‘‘(A) authorize or recommend the use of (1) the degree to which well-designed trans- tion with evacuees during plan execution; bans on equipment or vehicle use during portation projects— (D) precise methods for mass evacuations specified periods of a day; (A) have positive economic, cultural, aes- caused by disasters such as hurricanes, flash ‘‘(B) authorize or recommend the use of thetic, scenic, architectural, and environ- flooding, and tsunamis; and contract procedures that would require ret- mental benefits for communities; (E) recommended policies, strategies, pro- rofit activities, unless funds are made avail- (B) protect and contribute to improve- grams, and activities that could improve dis- able by the State under this section or other ments in public health and safety; and aster-related evacuations. State authority to offset the cost of those (C) use inclusive public participation proc- (d) REPORT AND UPDATES.—The Secretaries activities; or esses to achieve quicker, more certain, and shall— ‘‘(C) authorize the use of contract proce- better results; (1) not later than October 1, 2006, submit to dures that would discriminate between bid- (2) the degree to which positive results are Congress the written comprehensive plan; ders on the basis of a bidder’s existing equip- achieved by linking transportation, design, and

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.003 S12PT1 S5022 CONGRESSIONAL RECORD — SENATE May 12, 2005 (2) periodically thereafter, but not less ‘‘(C) a description of the technology se- the entire corridor of which the MAGLEV often than every 5 years, update, and submit lected for the MAGLEV project; project is the initial operating segment, and to Congress any revision to, the plan. ‘‘(D) forecasts of ridership and revenues; has completed planning studies for the con- AMENDMENT NO. 666, AS MODIFIED ‘‘(E) a description of preliminary engineer- struction, operation, and maintenance of the (Purpose: To improve the high-speed mag- ing that is sufficient to provide a reasonable MAGLEV project, under this or any other netic levitation system deployment pro- estimate of the capital cost of constructing, program, may submit an application to the gram) operating, and maintaining the project; Secretary for Federal funding of a portion of ‘‘(F) a realistic schedule for construction the capital costs of planning, financing, con- Beginning on page 398, strike line 17 and and equipment for the project; structing, and equipping the preferred alter- all that follows through page 400, line 13, and ‘‘(G) an environmental assessment; native identified in the final environmental insert the following: ‘‘(H) a preliminary identification of the 1 impact statement or analysis. SEC. 1819. HIGH-SPEED MAGNETIC LEVITATION or more organizations that will construct ‘‘(e) FINANCIAL ASSISTANCE.— SYSTEM DEPLOYMENT PROGRAM. and operate the project; and ‘‘(1) IN GENERAL.—The Secretary shall (a) IN GENERAL.—Section 322 of title 23, ‘‘(I) a cost-benefit analysis and tentative make available financial assistance to pay United States Code, is amended to read as the Federal share of the full project costs of follows: financial plan for construction and operation of the project. projects selected under this section. ‘‘§ 322. High-speed magnetic levitation system ‘‘(3) DEADLINE FOR APPLICATIONS.—The Sec- ‘‘(2) PREVAILING WAGE AND CERTAIN TEA–21 deployment program retary shall establish an annual deadline for CRITERIA.—Sections 5333(a) and the TEA–21 ‘‘(a) DEFINITIONS.—In this section: receipt of applications under this subsection. criteria, shall apply to financial assistance ‘‘(1) ELIGIBLE PROJECT COSTS.— ‘‘(4) EVALUATION.—The Secretary shall made available under this section and ‘‘(A) IN GENERAL.—The term ‘eligible evaluate all applications received by the an- projects funded with that assistance. project costs’ means the capital cost of the nual deadline to determine whether the ap- ‘‘(3) FEDERAL SHARE.— fixed guideway infrastructure of a MAGLEV plications meet criteria established by the ‘‘(A) PHASE I AND PHASE II.—For Phase I— project, including land, piers, guideways, Secretary. preconstruction planning and Phase II—envi- propulsion equipment and other components ‘‘(5) SELECTION.—The Secretary, except as ronmental impact studies carried out under attached to guideways, power distribution otherwise provided in this section, shall se- subsections (b) and (c), respectively, the Fed- facilities (including substations), control and lect for Federal support for preconstruction eral share of the costs of the planning and communications facilities, access roads, and planning any project that the Secretary de- studies shall be not more than 2⁄3 of the full storage, repair, and maintenance facilities. termines meets the criteria. cost of the planning and studies. ‘‘(B) INCLUSION.—The term ‘eligible project ‘‘(c) PHASE II—ENVIRONMENTAL IMPACT ‘‘(B) PHASE III.—For Phase III—deployment costs’ includes the costs of preconstruction STUDIES.— projects carried out under subsection (d), not planning activities. ‘‘(1) IN GENERAL.—A State, State-des- more than 2⁄3 of the full capital cost of such ‘‘(2) FULL PROJECT COSTS.—The term ‘full ignated authority, or multistate-designated a project shall be made available from funds project costs’ means the total capital costs authority that has conducted (under this appropriated for this program. of a MAGLEV project, including eligible section or any other provision of law) 1 or ‘‘(4) FUNDING.— project costs and the costs of stations, vehi- more studies that address each of the re- ‘‘(A) CONTRACT AUTHORITY; AUTHORIZATION cles, and equipment. quirements of subsection (b)(2) may apply for OF APPROPRIATIONS.— ‘‘(3) MAGLEV.— Federal funding to assist in— ‘‘(i) IN GENERAL.—There is authorized to be ‘‘(A) IN GENERAL.—The term ‘MAGLEV’ ‘‘(A) preparing an environmental impact appropriated from the Highway Trust Fund means transportation systems in revenue statement or similar analysis required under (other than the Mass Transit Account) for service employing magnetic levitation that the National Environmental Policy Act of fiscal years 2005 through 2009 to carry out would be capable of safe use by the public at 1969 (42 U.S.C. 4321 et seq.); and this section— a speed in excess of 240 miles per hour. ‘‘(B) planning for construction, operation, ‘‘(I) $10,000,000 for Phase I—preconstruction ‘‘(B) INCLUSION.—The term ‘MAGLEV’ in- and maintenance of a MAGLEV project. planning studies; cludes power, control, and communication ‘‘(2) DEADLINE FOR APPLICATIONS.— ‘‘(II) $20,000,000 for Phase II—environ- facilities required for the safe operation of ‘‘(A) IN GENERAL.—The Secretary shall— mental impact studies; and the vehicles within a system described in ‘‘(i) establish an annual deadline for re- ‘‘(III) $60,000,000 for Phase III—deployment subparagraph (A). ceipt of Phase II applications; and projects. ‘‘(4) SECRETARY.—The term ‘Secretary’ ‘‘(ii) evaluate all applications received by ‘‘(ii) OBLIGATION AUTHORITY.—Funds au- means the Secretary of Transportation. that deadline in accordance with criteria es- thorized by this subparagraph shall be avail- ‘‘(5) SPECIAL PURPOSE ENTITY.—The term tablished under subparagraph (B). able for obligation in the same manner as if ‘special purpose entity’ means a nonprofit ‘‘(B) CRITERIA.—The Secretary shall estab- the funds were apportioned under chapter I, entity that— lish criteria to evaluate applications that in- except that— ‘‘(A) is not a State-designated authority; clude whether— ‘‘(I) the Federal share of the cost of the but ‘‘(i) the technology selected is available for project shall be in accordance with para- ‘‘(B) is eligible, as determined by the Gov- deployment at the time of the application; graph (2); and ernor of the State in which the entity is lo- ‘‘(ii) operating revenues combined with ‘‘(II) the availability of the funds shall be cated, to participate in the program under known and dedicated sources of other reve- in accordance with subsection (f). this section. nues in any year will exceed annual oper- ‘‘(B) NONCONTRACT AUTHORITY AUTHORIZA- ‘‘(6) TEA–21 CRITERIA.—The term ‘TEA–21 ation and maintenance costs; TION OF APPROPRIATIONS.— criteria’ means— ‘‘(iii) over the life of the MAGLEV project, ‘‘(i) PHASE I.—There are authorized to be ‘‘(A) the criteria set forth in subsection (d) total project benefits will exceed total appropriated from the Highway Trust Fund of this section (as in effect on the day before project costs; and (other than the Mass Transit Account) to the date of enactment of the Safe, Afford- ‘‘(iv) the proposed capital financing plan is carry out Phase I—preconstruction planning able, Flexible, and Efficient Transportation realistic and does not assume Federal assist- studies under subsection (b)— Equity Act of 2005), including applicable reg- ance that is greater than the maximums ‘‘(I) $6,000,000 for fiscal year 2005; and ulations; and specified in clause (ii). ‘‘(II) $2,000,000 for each of fiscal years 2006 ‘‘(B) with respect to subsection (e)(2), the ‘‘(C) PROJECTS SELECTED.—If the Secretary through 2009. criteria set forth in subsection (d)(8) of this determines that a MAGLEV project meets ‘‘(ii) PHASE II.—There are authorized to be section (as so in effect). the criteria established under subparagraph appropriated from the Highway Trust Fund ‘‘(b) PHASE I—PRECONSTRUCTION PLAN- (B), the Secretary shall— (other than the Mass Transit Account) to NING.— ‘‘(i) select that project for Federal Phase II carry out Phase II—environmental impact ‘‘(1) IN GENERAL.—A State, State-des- support; and studies under subsection (c)— ignated authority, multistate-designated au- ‘‘(ii) publish in the Federal Register a no- ‘‘(I) $25,000,000 for fiscal year 2005; thority, or special purpose entity may apply tice of intent to prepare an environmental ‘‘(II) $37,000,000 for fiscal year 2006; to the Secretary for grants to conduct impact statement or similar analysis re- ‘‘(III) $21,000,000 for fiscal year 2007; and preconstruction planning for proposed new quired under the National Environmental ‘‘(IV) $9,000,000 for each of fiscal years 2008 MAGLEV projects, or extensions to Policy Act of 1969 (42 U.S.C. 4321 et seq.). and 2009. MAGLEV systems planned, studied, or de- ‘‘(d) PHASE III—DEPLOYMENT.—The State, ‘‘(iii) PHASE III.—There are authorized to ployed under this or any other program. State-designated agency, multistate-des- be appropriated from the Highway Trust ‘‘(2) APPLICATIONS.—An application for a ignated agency, or special purpose entity Fund (other than the Mass Transit Account) grant under this subsection shall include a that is part of a public-private partnership to carry out Phase III—deployment projects description of the proposed MAGLEV (meeting the TEA–21 criteria) sponsoring a under subsection (d)— project, including, at a minimum— MAGLEV project that has completed a final ‘‘(I) $500,000,000 for fiscal year 2005; ‘‘(A) a description of the purpose and need environmental impact statement or similar ‘‘(II) $650,000,000 for fiscal year 2006; for the proposed MAGLEV project; analysis required under the National Envi- ‘‘(III) $850,000,000 for fiscal year 2007; ‘‘(B) a description of the travel market to ronmental Policy Act of 1969 (42 U.S.C. 4321 ‘‘(IV) $850,000,000 for fiscal year 2008; and be served; et seq.) for both the MAGLEV project and ‘‘(V) $600,000,000 for fiscal year 2009.

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.003 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5023

‘‘(iv) PROGRAM ADMINISTRATION.—There are AMENDMENT NO. 694 (2) available for obligation for any eligible authorized to be appropriated from the High- (Purpose: To provide for an off-system purpose under section 133 of title 23, United way Trust Fund (other than the Mass Tran- bridges pilot program) States Code. sit Account) to carry out administration of (c) RETENTION FOR ORIGINAL PURPOSE.— On page 353, strike lines 6 and 7 and insert this program— (1) IN GENERAL.—The Secretary may deter- ‘‘(I) $13,000,000 for fiscal year 2005; the following: mine that eligible funds identified as inac- ‘‘(II) $16,000,000 for fiscal year 2006; Secretary determines that the State has tive funds shall remain available for the pur- ‘‘(III) $8,000,000 for fiscal year 2007; and inadequate needs to justify the expenditure. pose for which the funds were initially made ‘‘(IV) $5,000,000 for each of fiscal years 2008 ‘‘(C) PILOT PROGRAM.—Not less than 20 per- available if the applicable State certifies and 2009. cent of the amount apportioned to the States that the funds are necessary for that initial of Colorado, lllllllll, and ‘‘(v) RESEARCH AND DEVELOPMENT.—There purpose. , for each of fiscal years 2005 is authorized to be appropriated from the lllllllll (2) REPORT.—A certification provided by a Highway Trust Fund (other than the Mass through 2009 shall be expended for off-system State under paragraph (1) shall include a re- Transit Account) to carry out research and bridge pilot projects.’’; port on the status of, and an estimated com- development activities to reduce MAGLEV AMENDMENT NO. 705, AS MODIFIED pletion date for, the project that is the sub- deployment costs $4,000,000 for each of fiscal On page 270, after line 15, add the fol- ject of the certification. years 2005 through 2009. lowing: (d) AUTHORITY TO OBLIGATE.—Notwith- standing the original source or period of ‘‘(f) AVAILABILITY OF FUNDS.—Funds made (d) In addition to other eligible uses, the available under subsection (e) shall remain State of Maine may use funds apportioned availability of eligible funds, the Secretary available until expended. under section 104(b)(2) to support, through may, on the request by a State— September 30, 2009, the operation of pas- (1) obligate the funds for any eligible pur- ‘‘(g) OTHER FEDERAL FUNDS.—Funds made pose under section 133 of title 23, United available to a State to carry out the surface senger rail service between Boston, Massa- chusetts, and Portland, Maine. States Code; or transportation program under section 133 (2)(A) deobligate the funds; and and the congestion mitigation and air qual- AMENDMENT NO. 708, AS MODIFIED (B) reobligate the funds for any eligible ity improvement programs under section 149 On page 40, strike lines 16 through 20 and purpose under that section. may be used by any State to pay a portion of insert the following: (e) APPLICABILITY.— the full project costs of an eligible project authority has not lapsed or been used; (1) IN GENERAL.—Subject to paragraph (2), selected under this section, without require- (10) section 105 of title 23, United States this section applies only to eligible funds. ment for non-Federal funds. Code (but, for each of fiscal years 2005 (2) DISCRETIONARY ALLOCATIONS; SECTION 125 ‘‘(h) OTHER FEDERAL FUNDS.—A project se- through 2009, only in an amount equal to PROJECTS.—This section does not apply to lected for funding under this section shall be $639,000,000 per fiscal year); and funds that are— eligible for other forms of financial assist- (11) section 1106 of this Act, to the extent (A) allocated at the discretion of the Sec- ance provided by this title and title V of the that funds obligated in accordance with that retary and for which the Secretary has the Railroad Revitalization and Regulatory Re- section were not subject to a limitation on authority to withdraw the allocation for use form Act of 1976 (45 U.S.C. 821 et seq.), in- obligations at the time at which the funds on other projects; or cluding loans, loan guarantees, and lines of were initially made available for obligation. (B) made available to carry out projects credit. On page 60, between lines 14 and 15, insert under section 125 of title 23, United States ‘‘(i) MANDATORY ADDITIONAL SELECTION.— the following: Code. (f) PERIOD OF AVAILABILITY; TITLE 23 RE- ‘‘(1) IN GENERAL.—Subject to paragraph 2, SEC. 1106. USE OF EXCESS FUNDS AND FUNDS QUIREMENTS.— in selecting projects for preconstruction FOR INACTIVE PROJECTS. (1) IN GENERAL.—Notwithstanding the planning, deployment, and financial assist- (a) DEFINITIONS.—In this section: original source or period of availability of el- ance, the Secretary may only provide funds (1) ELIGIBLE FUNDS.— igible funds obligated, or deobligated and re- to MAGLEV projects that meet the criteria (A) IN GENERAL.—The term ‘‘eligible funds’’ obligated, under subsection (d), the eligible established under subsection (b)(4). means excess funds or inactive funds for a funds— ‘‘(2) PRIORITY FUNDING.—The Secretary specific transportation project or activity (A) shall remain available for obligation shall give priority funding to a MAGLEV that were— for a period of 3 fiscal years after the fiscal project that— (i) allocated before fiscal year 1998; and year in which this Act is enacted; and ‘‘(A) has already met the TEA–21 criteria (ii) designated in a public law, or a report (B) except as provided in paragraph (2), and has received funding prior to the date of accompanying a public law, for allocation shall be subject to the requirements of title enactment of the Safe, Affordable, Flexible, for the specific surface transportation 23, United States Code, that apply to section and Efficient Transportation Equity Act of project or activity. 133 of that title, including provisions relat- 2005 as a result of evaluation and contracting (B) INCLUSION.—The term ‘‘eligible funds’’ ing to cost-sharing. procedures for MAGLEV transportation, to includes funds described in subparagraph (A) (2) EXCEPTION.—With respect to eligible the extent that the project continues to ful- that were allocated and designated for a funds described in paragraph (1)— fill the requirements of this section; demonstration project. (A) section 133(d) of title 23, United States ‘‘(B) to the maximum extent practicable, (2) EXCESS FUNDS.—The term ‘‘excess Code, shall not apply; and has met safety guidelines established by the funds’’ means— (B) the period of availability of the eligible Secretary to protect the health and safety of (A) funds obligated for a specific transpor- funds shall be determined in accordance with the public; tation project or activity that remain avail- this section. ‘‘(C) is based on designs that ensure the able for the project or activity after the (g) SENSE OF CONGRESS REGARDING USE OF greatest life cycle advantages for the project or activity has been completed or ELIGIBLE FUNDS.—It is the sense of Congress project; canceled; or ‘‘(D) contains domestic content of at least that eligible funds made available under this (B) an unobligated balance of funds allo- Act or title 23, United States Code, should be 70 percent; and cated for a transportation project or activity ‘‘(E) is designed and developed through available for obligation for transportation that the State in which the project or activ- projects and activities in the same geo- public/private partnership entities and con- ity was to be carried out certifies are no tinues to meet the TEA–21 criteria relating graphic region for which the eligible funds longer needed for the project or activity. were initially made available. to public/private partnerships.’’. (3) INACTIVE FUNDS.—The term ‘‘inactive AMENDMENT NO. 713, AS MODIFIED (b) CONFORMING AMENDMENT.—The analysis funds’’ means— for chapter 3 of title 23, United States Code, (A) an obligated balance of Federal funds On page 270, following the matter on line is amended by striking the item relating to for an eligible transportation project or ac- 15, insert the following: section 322 and inserting the following: tivity against which no expenditures have (d) In addition to other eligible uses, the been charged during any 1-year period begin- State of Montana may use funds apportioned ‘‘322. High-speed magnetic levitation system under section 104(b)(2) for the operation of deployment program.’’. ning after the date of obligation of the funds; and public transit activities that serve a non- AMENDMENT NO. 685 (B) funds that are available to carry out a attainment or maintenance area. (Purpose: To increase an amount made transportation project or activity in a State, AMENDMENT NO. 737 available for the Alaska Highway System) but, as certified by the State, are unlikely to (Purpose: To improve the bill) be advanced for the project or activity dur- On page 38, line 8, strike ‘‘$9,386,289’’ and On page 50, strike lines 16 through 18, and ing the 1-year period beginning on the date insert ‘‘$8,386,289’’. insert the following: of certification. On page 327, line 18, strike ‘‘under section (c) ALASKA HIGHWAY.—Section 104(b)(1)(A) (b) AVAILABILITY FOR STP PURPOSES.—Eli- 204’’. of title 23, United States Code, is amended by gible funds shall be— On page 417, line 24, strike ‘‘209’’ and insert striking ‘‘$18,800,000 for each of fiscal years (1) made available in accordance with this ‘‘2009’’. 1998 through 2002’’ and inserting ‘‘$30,000,000 section to the State that originally received On page 418, line 13, strike ‘‘$2,000,000’’ and for each of fiscal years 2005 through 2009’’. the funds; and insert ‘‘$3,000,000’’.

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.010 S12PT1 S5024 CONGRESSIONAL RECORD — SENATE May 12, 2005 On page 558, line 17, insert ‘‘and Boating’’ ing, Housing, and Urban Affairs and Appro- ‘‘(6) In this subsection, the term ‘passenger before ‘‘Trust’’. priations of the Senate and Committees on carrier’ means a passenger motor vehicle, On page 558, line 23, strike ‘‘2004’’ and in- Transportation and Infrastructure and Ap- aircraft, boat, ship, or other similar means sert ‘‘2005’’. propriation of the House of Representa- of transportation that is owned or leased by On page 633, line 15, strike ‘‘by all States’’. tives.’’. the United States Government or the gov- On page 652, line 23, strike ‘‘Section’’ and On page 944, after line 21, insert the fol- ernment of the District of Columbia.’’. insert ‘‘(a) IN GENERAL.—Section’’. lowing: (2) FUNDS FOR MAINTENANCE, REPAIR, ETC.— On page 653, between lines 8 and 9, insert SEC.ll. TRANSIT PASS TRANSPORTATION Subsection (a) of section 1344 of title 31, the following: FRINGE BENEFITS. United States Code, is amended by adding at (b) EFFECTIVE DATE.—The amendments (a) TRANSIT PASS TRANSPORTATION FRINGE the end the following: made by this section shall apply to trans- BENEFITS STUDY.— ‘‘(3) For purposes of paragraph (1), the actions entered into after the date of the en- (1) STUDY.—The Secretary of Transpor- transportation of an individual between such actment of this Act. tation shall conduct a study on tax-free individual’s place of employment and a mass On page 807, after line 16, insert the fol- transit benefits and ways to promote im- transit facility pursuant to subsection (g) is lowing: proved access to and increased usage of such transportation for an official purpose.’’. (h) CONTRACTED PARATRANSIT PILOT.— benefits, at Federal agencies in the National (3) COORDINATION.—The authority to pro- (1) IN GENERAL.—Notwithstanding section Capital Region, including agencies not cur- vide transportation services under section 5302(a)(1)(I) of title 49, United States Code, rently offering the benefit. 1344(g) of title 31, United States Code (as for fiscal years 2005 through 2009, a recipient (2) CONTENT.—The study under this sub- amended by paragraph (1)) shall be in addi- of assistance under section 5307 of title 49, section shall include— tion to any authority otherwise available to United States Code, in an urbanized area (A) an examination of how agencies offer- the agency involved. with a population of 558,329 according to the ing the benefit make its availability known SEC. ll. FUNDING FOR FERRY BOATS. 2000 decennial census of population may use to their employees and the methods agencies Section 5309(i)(5) of title 49, United States not more than 20 percent of such recipient’s use to deliver the benefit to employees, in- Code, as amended by section 6011(j) of this annual formula apportionment under section cluding examples of best practices; and Act, is amended to read as follows: 5307 of title 49, United States Code, for the (B) an analysis of the impact of Federal ‘‘(5) FUNDING FOR FERRY BOATS.—Of the provision of nonfixed route paratransit serv- employees’ use of transit on traffic conges- amounts described in paragraphs (1)(A) and ices in accordance with section 223 of the tion and pollution in the National Capital (2)(A)— Americans with Disabilities Act (42 U.S.C. Region. ‘‘(A) $10,400,000 shall be available in fiscal 12143), but only if the grant recipient is in (3) REPORT.—Not later than 180 days after year 2005 for capital projects in Alaska and compliance with applicable requirements of the date of enactment of this Act, the Sec- Hawaii for new fixed guideway systems and that Act, including both fixed route and de- retary shall submit a report to Congress on extension projects utilizing ferry boats, ferry mand responsive service and the service is the results of the study under this sub- boat terminals, or approaches to ferry boat acquired by contract. section. terminals; (2) REPORT.—Not later than January 1, (b) AUTHORITY TO USE GOVERNMENT VEHI- ‘‘(B) $15,000,000 shall be available in each of 2009, the Secretary shall submit to the Com- CLES TO TRANSPORT FEDERAL EMPLOYEES BE- fiscal years 2006 through 2009 for capital mittee on Transportation and Infrastructure TWEEN THEIR PLACE OF EMPLOYMENT AND projects in Alaska and Hawaii for new fixed of the House of Representatives and the MASS TRANSIT FACILITIES.— guideway systems and extension projects Committee on Banking, Housing, and Urban (1) IN GENERAL.—Section 1344 of title 31, utilizing ferry boats, ferry boat terminals, or Affairs of the Senate, a report on the imple- United States Code, is amended— approaches to ferry boat terminals; and mentation of this section and any rec- (A) by redesignating subsections (g) and (h) ‘‘(C) $5,000,000 shall be available in each of ommendations of the Secretary regarding as subsections (h) and (i), respectively; and fiscal years 2006 through 2009 for payments to the application of this section. (B) by inserting after subsection (f) the fol- the Denali Commission under the terms of On page 846, after line 6, insert the fol- lowing: section 307(e) of the Denali Commission Act lowing: ‘‘(g)(1) A passenger carrier may be used to of 1998, as amended (42 U.S.C. 3121 note), for (m) MIAMI METRORAIL.—The Secretary transport an officer or employee of a Federal docks, waterfront development projects, and may credit funds provided by the Florida De- agency between the officer’s or employee’s related transportation infrastructure.’’. partment of Transportation for the exten- place of employment and a mass transit fa- On page 1291, strike lines 12 through 16 and sion of the Miami Metrorail System from cility (whether or not publicly owned) in ac- insert the following: Earlington Heights to the Miami Intermodal cordance with succeeding provisions of this (1) For fiscal year 2005, $7,646,336,000. Center to satisfy the matching requirements subsection. (2) For fiscal year 2006, $8,900,000,000. of section 5309(h)(4) of title 49, United Stated ‘‘(2) Notwithstanding section 1343, a Fed- (3) For fiscal year 2007, $9,267,464,000. Code, for the Miami North Corridor and eral agency that provides transportation (4) For fiscal year 2008, $10,050,700,000. Miami East-West Corridor projects. services under this subsection (including by (5) For fiscal year 2009, $10,686,500,000. On page 872, strike line 24, and insert the passenger carrier) shall absorb the costs of such services using any funds available to AMENDMENT NO. 725 following: (Purpose: To provide for the construction of tives. such agency, whether by appropriation or otherwise. improvements to streets and roads pro- ‘‘(e) STUDY OF METHODS TO IMPROVE ACCES- ‘‘(3) In carrying out this subsection, a Fed- viding access to State Route 28 in the SIBILITY OF PUBLIC TRANSPORTATION FOR PER- eral agency shall— State of Pennsylvania) SONS WITH VISUAL DISABILITIES.—Not later ‘‘(A) to the maximum extent practicable, than October 1, 2006, the Secretary shall On page 410, between lines 7 and 8, insert use alternative fuel vehicles to provide transmit to the Committee on Transpor- the following: transportation services; tation and Infrastructure of the House of SEC. 1830. PRIORITY PROJECTS. ‘‘(B) to the extent consistent with the pur- Representatives and the Committee on Section 1602 of the Transportation Equity poses of this subsection, provide transpor- Banking, Housing, and Urban Affairs of the Act for the 21st Century (112 Stat. 306) is tation services in a manner that does not re- Senate a report on the effectiveness of alter- amended in item 1349 of the table contained sult in additional gross income for Federal in that section by inserting ‘‘, and improve- native methods to improve the accessibility income tax purposes; and ments to streets and roads providing access of public transportation for persons with vis- ‘‘(C) coordinate with other Federal agen- to,’’ after ‘‘along’’. ual disabilities. The report shall evaluate a cies to share, and otherwise avoid duplica- variety of methods and techniques for im- AMENDMENT NO. 726, AS MODIFIED tion of, transportation services provided proving accessibility, including installation On page 297, between lines 9 and 10, insert under this subsection. the following: of Remote Infrared Audible Signs for provi- ‘‘(4) For purposes of any determination SEC. 16ll. CLEAN SCHOOL BUS PROGRAM. sion of wayfinding and information for peo- under chapter 81 of title 5, an individual (a) DEFINITIONS.—In this section: ple who have visual, cognitive, or learning shall not be considered to be in the ‘perform- (1) ADMINISTRATOR.—The term ‘‘Adminis- disabilities.’’. ance of duty’ by virtue of the fact that such trator’’ means the Administrator of the En- On page 900, line 18, strike ‘‘and’’. individual is receiving transportation serv- On page 900, line 22, strike the period and ices under this subsection. vironmental Protection Agency. insert ‘‘; and’’. ‘‘(5)(A) The Administrator of General Serv- (2) ALTERNATIVE FUEL.—The term ‘‘alter- On page 900, after line 22, insert the fol- ices, after consultation with the National native fuel’’ means— lowing: Capital Planning Commission and other ap- (A) liquefied natural gas, compressed nat- (5) by adding at the end the following: propriate agencies, shall prescribe any regu- ural gas, liquefied petroleum gas, hydrogen, ‘‘(l) NOTIFICATION OF PENDING DISCRE- lations necessary to carry out this sub- or propane; TIONARY GRANTS.—Not less than 3 full busi- section. (B) methanol or ethanol at no less than 85 ness days before announcement of award by ‘‘(B) Transportation services under this percent by volume; or the Secretary of any discretionary grant, subsection shall be subject neither to the (C) biodiesel conforming with standards letter of intent, or full funding grant agree- last sentence of subsection (d)(3) nor to any published by the American Society for Test- ment totaling $1,000,000 or more, the Sec- regulations under the last sentence of sub- ing and Materials as of the date of enact- retary shall notify the Committees on Bank- section (e)(1). ment of this Act.

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.011 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5025

(3) CLEAN SCHOOL BUS.—The term ‘‘clean (5) REPLACEMENT GRANTS.— (VI) any other information the Adminis- school bus’’ means a school bus with a gross (A) ELIGIBILITY FOR 50% GRANTS.—The Ad- trator considers appropriate. vehicle weight of greater than 14,000 pounds ministrator may award grants for replace- (c) EDUCATION.— that— ment of school buses in the amount of up to (1) IN GENERAL.—Not later than 90 days (A) is powered by a heavy duty engine; and 1⁄2 of the acquisition costs (including fueling after the date of enactment of this Act, the (B) is operated solely on an alternative fuel infrastructure) for — Administrator shall develop an education or ultra-low sulfur diesel fuel. (i) clean school buses with engines manu- outreach program to promote and explain (4) ELIGIBLE RECIPIENT.— factured in model year 2005 or 2006 that emit the grant program. (A) IN GENERAL.—Subject to subparagraph not more than— (2) COORDINATION WITH STAKEHOLDERS.—The (B), the term ‘‘eligible recipient’’ means— (I) 1.8 grams per brake horsepower-hour of outreach program shall be designed and con- (i) 1 or more local or State governmental non-methane hydrocarbons and oxides of ni- ducted in conjunction with national school entities responsible for— trogen; and bus transportation associations and other (I) providing school bus service to 1 or (II) .01 grams per brake horsepower-hour of stakeholders. more public school systems; or particulate matter; or (3) COMPONENTS.—The outreach program (II) the purchase of school buses; (ii) clean school buses with engines manu- shall— (ii) 1 or more contracting entities that pro- factured in model year 2007, 2008, or 2009 that (A) inform potential grant recipients on vide school bus service to 1 or more public satisfy regulatory requirements established the process of applying for grants; school systems; or by the Administrator for emissions of oxides (B) describe the available technologies and (iii) a nonprofit school transportation asso- of nitrogen and particulate matter to be ap- the benefits of the technologies; ciation. plicable for school buses manufactured in (C) explain the benefits of participating in (B) SPECIAL REQUIREMENTS.—In the case of model year 2010. the grant program; and eligible recipients identified under clauses (B) ELIGIBILITY FOR 25% GRANTS.—The Ad- (D) include, as appropriate, information (ii) and (iii), the Administrator shall estab- ministrator may award grants for replace- from the annual report required under sub- lish timely and appropriate requirements for ment of school buses in the amount of up to section (b)(8). notice and may establish timely and appro- UTHORIZATION OF PPROPRIATIONS 1⁄4 of the acquisition costs (including fueling (d) A A .— priate requirements for approval by the pub- There are authorized to be appropriated to lic school systems that would be served by infrastructure) for — (i) clean school buses with engines manu- the Administrator to carry out this section, buses purchased or retrofit using grant funds to remain available until expended— made available under this section. factured in model year 2005 or 2006 that emit not more than— (1) $55,000,000 for each of fiscal years 2006 (5) RETROFIT TECHNOLOGY.—The term ‘‘ret- and 2007; and rofit technology’’ means a particulate filter (I) 2.5 grams per brake horsepower-hour of non-methane hydrocarbons and oxides of ni- (2) such sums as are necessary for each of or other emissions control equipment that is fiscal years 2008, 2009, and 2010. verified or certified by the Administrator or trogen; and the California Air Resources Board as an ef- (II) .01 grams per brake horsepower-hour of AMENDMENT NO. 755 TO AMENDMENT NO. 725 fective emission reduction technology when particulate matter; or (Purpose: To reprogram funds made avail- installed on an existing school bus. (ii) clean school buses with engines manu- able for Interstate Route 75 and North (6) SECRETARY.—The term ‘‘Secretary’’ factured in model year 2007 or thereafter Down River Road, Michigan) means the Secretary of Energy. that satisfy regulatory requirements estab- At the end of the amendment, add the fol- (7) ULTRA-LOW SULFUR DIESEL FUEL.—The lished by the Administrator for emissions of lowing: term ‘‘ultra-low sulfur diesel fuel’’ means oxides of nitrogen and particulate matter from school buses manufactured in that SEC. 1831. TRANSPORTATION NEEDS, GRAYLING, diesel fuel that contains sulfur at not more MICHIGAN. model year. than 15 parts per million. Item number 820 in the table contained in (6) ULTRA-LOW SULFUR DIESEL FUEL.— (b) PROGRAM FOR RETROFIT OR REPLACE- section 1602 of the Transportation Equity (A) IN GENERAL.—In the case of a grant re- MENT OF CERTAIN EXISTING SCHOOL BUSES Act for the 21st Century (112 Stat. 287) is WITH CLEAN SCHOOL BUSES.— cipient receiving a grant for the acquisition amended by striking ‘‘Conduct’’ and all that (1) ESTABLISHMENT.— of ultra-low sulfur diesel fuel school buses follows through ‘‘interchange’’ and inserting (A) IN GENERAL.—The Administrator, in with engines manufactured in model year ‘‘Conduct a transportation needs study and consultation with the Secretary and other 2005 or 2006, the grant recipient shall provide, make improvements to I–75 interchanges in appropriate Federal departments and agen- to the satisfaction of the Administrator— the Grayling area’’. cies, shall establish a program for awarding (i) documentation that diesel fuel con- grants on a competitive basis to eligible re- taining sulfur at not more than 15 parts per AMENDMENT NO. 670, AS MODIFIED cipients for the replacement retrofit (includ- million is available for carrying out the pur- Mr. OBAMA. Mr. President, we have ing repowering, aftertreatment, and remanu- poses of the grant; and all heard from folks back home about factured engines) of, or purchase of alter- (ii) a commitment by the applicant to use the high price of gasoline. When you native fuels for, certain existing school that fuel in carrying out the purposes of the pull into a gas station to fill up your buses. grant. tank, you’re now paying some of the (B) BALANCING.—In awarding grants under (7) DEPLOYMENT AND DISTRIBUTION.—The this section, the Administrator shall, to the Administrator shall, to the maximum extent highest prices of all time. maximum extent practicable, achieve an ap- practicable— This amendment is designed to do propriate balance between awarding grants— (A) achieve nationwide deployment of something about that—by promoting a (i) to replace school buses; clean school buses through the program choice at the pump that will allow con- (ii) to install retrofit technologies; and under this section; and sumers to choose a fuel that today is 50 (iii) to purchase and use alternative fuel. (B) ensure a broad geographic distribution cents per gallon cheaper than regular (2) PRIORITY OF GRANT APPLICATIONS.— of grant awards, with no State receiving gasoline. (A) REPLACEMENT.—In the case of grant ap- more than 10 percent of the grant funding That’s why I would like to thank the plications to replace school buses, the Ad- made available under this section during a ministrator shall give priority to applicants fiscal year. chairman of the Finance Committee, that propose to replace school buses manu- (8) ANNUAL REPORT.— Senator GRASSLEY, and the ranking factured before model year 1977. (A) IN GENERAL.—Not later than January 31 member of the Committee, Senator (B) RETROFITTING.—In the case of grant ap- of each year, the Administrator shall submit BAUCUS, for their advocacy of this plications to retrofit school buses, the Ad- to Congress a report that— amendment. I also want to thank the ministrator shall give priority to applicants (i) evaluates the implementation of this manager of the transportation bill, that propose to retrofit school buses manu- section; and Chairman INHOFE, for working with us factured in or after model year 1991. (ii) describes— on this proposal. These Senate leaders (3) USE OF SCHOOL BUS FLEET.— (I) the total number of grant applications (A) IN GENERAL.—All school buses acquired received; are all committed to addressing high or retrofitted with funds provided under this (II) the number and types of alternative gas prices, and their work on this section shall be operated as part of the fuel school buses, ultra-low sulfur diesel fuel amendment is an example of that com- school bus fleet for which the grant was school buses, and retrofitted buses requested mitment. made for not less than 5 years. in grant applications; I would like to thank my fellow au- (B) MAINTENANCE, OPERATION, AND FUEL- (III) grants awarded and the criteria used thors of this amendment, Senator TAL- ING.—New school buses and retrofit tech- to select the grant recipients; ENT, as well as my distinguished col- nology shall be maintained, operated, and (IV) certified engine emission levels of all league from Illinois, Senator DURBIN, fueled according to manufacturer rec- buses purchased or retrofitted under this sec- ommendations or State requirements. tion; for their hard work in getting this pro- (4) RETROFIT GRANTS.—The Administrator (V) an evaluation of the in-use emission vision passed. And I thank the cospon- may award grants for up to 100 percent of the level of buses purchased or retrofitted under sors of this amendment, also longtime retrofit technologies and installation costs. this section; and supporters of ethanol, Senators LUGAR,

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.011 S12PT1 S5026 CONGRESSIONAL RECORD — SENATE May 12, 2005 HARKIN, BAYH, COLEMAN, SALAZAR, Standing Rules of the Senate, do hereby I will not go into the other points of DAYTON, and NELSON of Nebraska. move to bring to a close debate on the pend- disagreement in our statements be- And of course, I would like to thank ing substitute to Calendar No. 69, H.R. 3, a cause the statements speak for them- the excellent staff work of Elizabeth bill to authorize funds for Federal-aid high- ways, highway safety programs, and transit selves. Paris, Matt Jones, and Russ Sullivan programs, and for other purposes. In sum and substance, my statement on behalf of this provision. Bill Frist, J.M. Inhofe, David Vitter, defended the Finance Committee title I am sure many of us in this Cham- Thad Cochran, Norm Coleman, Jim on its scoring by the Joint Committee. ber, and many watching these pro- DeMint, Richard Shelby, Orrin Hatch, My statement did not dispute that the ceedings, would jump at the chance to Kit Bond, Chuck Grassley, Pete amendment spending level was above fill our cars and trucks with fuel that Domenici, Jim Talent, Richard G. those contemplated by the Budget Res- is 50 cents cheaper than current prices. Lugar, John Thane, Bob Bennett, olution or the spending level agreed to What many consumers may not know George Allen, Mitch McConnell. by the administration and congres- is that that option is available today. The PRESIDING OFFICER. The sional Republican leadership. Of It is known as E–85, a fuel comprised of mandatory quorum call has been course, Finance Committee jurisdic- 85 percent ethanol. And I suspect most waived. The question is, Is it the sense tion extends only to the cash flow of Americans would agree that a fuel of the Senate that debate on the sub- the Highway Trust Fund. The Finance made of 85 percent Midwestern corn is stitute amendment No. 605 shall be Committee title added additional cash a lot more desirable than one made brought to a close? The yeas and nays inflow, trust fund receipts, and addi- from 100 percent Middle Eastern oil. are mandatory under the rule. The tional cash outflow, trust fund outlays. Right now, there are millions of cars clerk will call the roll. The Finance Committee title balances The assistant legislative clerk called and trucks that can run on E–85. They additional trust fund receipts and out- the roll. are known as ‘‘flexible fuel vehicles,’’ lays. That was the job we were asked Mr. GRASSLEY. Mr. President, I and the auto industry is turning out want to respond to the distinguished to do and we did it in a fiscally respon- hundreds of thousands of them every Chairman of the Budget Committee. sible manner. Mr. MCCONNELL. The following Sen- year. These cars and trucks aren’t Yesterday afternoon, my colleague re- ator was necessarily absent: the Sen- more expensive to operate than regular sponded to my defense of the merits of ator from Pennsylvania (Mr. cars—in fact, for just a one-hundred- the Finance Committee title in Chair- dollar adjustment, even regular cars SANTORUM). man INHOFE’s substitute. The PRESIDING OFFICER (Mr. could run on E–85. And if E–85 is good Since Chairman GREGG’s response GRAHAM). Are there any other Senators enough for the Indianapolis 500—which came shortly before the session ended in the Chamber desiring to vote? just announced their cars will run on last night, I am responding this morn- The yeas and nays resulted—yeas 92, this fuel—then you can be sure that E– ing. nays 7, as follows: 85 will work great in a flexible fuel ve- I respect Chairman GREGG’s efforts in hicle. his initial year as chairman of the [Rollcall Vote No. 122 Leg.] The only problem now is our short Budget Committee. I congratulate him YEAS—92 supply of E–85 fuel stations. While now as I have in the past on his victory Akaka DeWine Lugar there are more than 180,000 gas stations in achieving a budget resolution. I was Alexander Dodd McConnell all over America, only about 400 offer Allard Dole Mikulski proud to support him in committee, on Allen Domenici Murkowski E–85. the floor, and in conference on the res- Baucus Dorgan Murray The amendment adopted by the Sen- olution. Bayh Durbin Nelson (FL) ate today addresses this problem by Bennett Ensign Nelson (NE) As a senior member of the Budget Biden Enzi providing a tax credit to encourage the Committee, I take its role seriously. I Obama Bingaman Feingold Pryor installation of more E–85 fuel pumps at respect the Budget Act and the impor- Bond Feinstein Reed Boxer Frist your local gas station. Its enactment tance of the tools of fiscal discipline Reid Brownback Graham Roberts will not only give motorists another that points of order and other enforce- Bunning Grassley Rockefeller option at the pump, it will also send a ment devices bring to the legislative Burns Hagel Salazar Burr Harkin clear message that the U.S. Senate is process. I also respect the key role of Sarbanes serious about reducing our country’s the Budget Committee chairman and Byrd Hatch Cantwell Inhofe Schumer dangerous dependence on imported oil. his staff under the Budget Act. Carper Inouye Sessions Again, I thank my colleagues who A careful and fair review of my state- Chafee Isakson Shelby have worked to adopt this amendment ment will show that it is consistent Chambliss Jeffords Smith Snowe to help make America energy inde- with these long-held views. My state- Clinton Johnson Coburn Kennedy Specter pendent. ment did not claim that there was no Cochran Kerry Stabenow Mr. INHOFE. I suggest the absence of valid Budget Act point of order against Coleman Kohl Stevens a quorum. the Finance title of the Inhofe sub- Collins Landrieu Talent stitute. My statement did not question Conrad Lautenberg Thomas The PRESIDING OFFICER. The Corzine Leahy Thune clerk will call the roll. the authority of the Budget Committee Craig Levin Vitter The legislative clerk proceeded to chairman in raising the point order. Crapo Lieberman Voinovich call the roll. My statement responded to several Dayton Lincoln Warner Mr. INHOFE. Mr. President, I ask very specific assertions against the Fi- DeMint Lott Wyden unanimous consent that the order for nance Committee title. One assertion, NAYS—7 the quorum call be rescinded. made quite passionately by Chairman Cornyn Kyl Sununu The PRESIDING OFFICER. Without GREGG, was that the Finance Com- Gregg Martinez Hutchison McCain objection, it is so ordered. mittee amendment was a product of ac- Mr. INHOFE. I ask unanimous con- counting gimmicks. Another assertion NOT VOTING—1 sent the two live quorums be waived. was that the amendment was not off- Santorum The PRESIDING OFFICER. Without set. I responded to the two main asser- The PRESIDING OFFICER. On this objection, it is so ordered. tions ad relied on the Congress’ official vote, the yeas are 92, the nays are 7. Mr. INHOFE. All time is yielded tax policy scorekeepter, the Joint Three-fifths of the Senators duly cho- back. Committee on Taxation. Chairman sen and sworn having voted in the af- The PRESIDING OFFICER. All time GREGG is right that, under the Budget firmative, the motion is agreed to. is yielded back. Under the previous Act, it is the Chairman Budget Com- The Senator from Oklahoma. order, the clerk will report the motion mittee chairman that the Senate par- Mr. INHOFE. Mr. President, I thank to invoke cloture. liamentarian looks to determine those who voted the right way to come The legislative clerk read as follows: whether a point of order is well-found- to a conclusion on this bill. This is CLOTURE MOTION ed. The Joint Committee on Taxation, likely the most important bill we will We the undersigned Senators, in accord- however, determines the scoring of rev- deal with this entire year. Right now ance with the provisions of rule XXII of the enue measures. we have a distressingly large number of

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.012 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5027 amendments out there that are ger- explanations and equivocations about ers, and that relief ought not be de- mane that people could come and offer. why such action has not reduced prices layed. We have those workers in Texas, We are not going to have enough time at the pump. we have them in Oklahoma, and we to do it. As is usually the case, there The American people are out there have them in West Virginia. I talk with are many out there who are not serious listening and they are watching; they them every day. The time has come; about their amendments. It is cur- see what is going on here on the Senate the clock is moving. Relief ought not rently being hotlined to try to find out floor. They watch us through those be delayed. The time has come for the who is serious and who is not. I am electronic lenses behind the Chair, the Congress to take action. We must take going to be talking to individuals, but Presiding Officer. The American people action. We have heard that television I would say, if you are serious about waited anxiously for the President’s statement: Do it now, do it here. your amendment, and you want it con- prime-time news conference, hoping to I addressed the Senate last month sidered, bring it to the floor. I am sure see at last that somebody would proffer about this issue, highlighting the im- I speak on behalf of Senator JEFFORDS some kind of relief from high gas pact that high gas prices have had on as well. We want these amendments prices. My, how they do hurt. How they rural States such as mine, rural States brought to the floor, and we also want do pinch, don’t they? Yes. Ultimately, such as New Hampshire. Yes, there are to know how many are out there that the American people were disappointed rural areas all over this country. may not be serious amendments. as their pleas for relief were again When gas prices soar, the impact on Mr. JEFFORDS. Mr. President, I rebuffed. The people have waited, they rural families can be devastating and agree with the Senator. Please, every- have waited, they have waited, and can be cruel. In my State of West Vir- one, expedite. they are still waiting. They waited ginia, the impact has been brutal. It Mr. BYRD. Mr. President, will the while gas prices have gone up and up saps the economic strength of the Senator yield? and up. The patience of the American State. It squeezes anybody who owns a Mr. INHOFE. I yield. people is running out. When will it vehicle, and it chips away at the in- Mr. BYRD. I have an amendment. I end? come of workers who must commute. would like to offer it at a time when it The American people watched incred- They have to commute, there is no way would be mutually agreeable to the ulously as the House of Representa- around it. Think of those mountains, managers. tives passed an energy bill last month, those stately, majestic mountains in Mr. INHOFE. I suggest that it is mu- including $8 billion of energy tax cuts. New Hampshire, West Virginia, and tually agreeable to send it to the desk These are tax cuts for many of the cor- Tennessee. It chips away at the income and that it be considered. porate conglomerates who are enjoying of workers who have to commute to Mr. BYRD. Very well. I will get my record-breaking profits from today’s and from and across and in between amendment, if the two managers will oil prices. Yet the Congress declines—it those mountains. Households must cur- consent that I be recognized to offer it. declines, it declines, and it declines tail essentials, and families must do Mr. INHOFE. Yes. again and again—to provide relief to without other things. They have to get Mr. BYRD. Mr. President, I will very the workers who must bear the brunt that gasoline, they have to get to shortly. In the meantime, might I sug- of these price spikes at the pump. I am work, they have to get that bread and gest the absence of a quorum. talking about the working people of butter on the table. Businesses lose The PRESIDING OFFICER. The America, people whose hands are soiled customers. Think about that. I was clerk will call the roll. with honest toil, the working people in once in a small business. I was once a The legislative clerk proceeded to America. They are in South Carolina, small, small businessman. I know what call the roll. North Carolina, and West Virginia. it is. You have to meet a one or two or Mr. BYRD. Mr. President, I ask unan- While the big oil companies are mak- three-person payroll. And business in- imous consent that the order for the ing big money, hand over fist, from cludes customers. As the pocketbook quorum call be rescinded. high gas prices, the only relief the Con- strings tighten more and more, profits The PRESIDING OFFICER. Without gress has seen fit to provide is to the decrease, operating expenses sore, objection, it is so ordered. very oil companies—not the people— workers’ paychecks suffer more and Mr. BYRD. Mr. President, I will making all the money. They are mak- more. shortly call up an amendment. Before ing all the money. Residents of rural States must drive doing so, I would like to recall a state- The irony is incredible, but not only longer distances to and from work, in- ment by the late Reverend Peter Mar- is it incredible, it is contemptible. It is flicting burdensome costs on com- shall, possibly, even probably, the most the little guy who is getting the shaft muters. I am talking about the States famous and well known of the Senate because we refuse to stand up for him of Virginia, Georgia, New Hampshire, chaplains, who offered this prayer at or her. Well, the time has come to take as well as West Virginia—not just West the opening of the second session of the a stand. This Congress continues to ig- Virginia. 80th Congress: nore the working man and the single Rural States have less access to pub- Let us not be content to wait and see what mother. There are lots of them out lic transportation. What does that will happen, but give us the determination to there and they have to go through this mean? That means subways and buses make the right things happen. every day when they drive up to the and car pooling are not usually avail- Sometimes we can do that, some- pumps. Think of them. Who is here to able to rural commuters. I am talking times we can’t, but at least we can try. take a stand for them—the little guys? about the States of South Carolina; For too many months now, the Con- There are lots of them out there. The Kansas; Iowa, where the tall corn gress and the administration have little guy is getting the shaft because grows; Oklahoma, as well as West Vir- taken a ‘‘wait and see’’ approach when we refuse to stand up for him. Again, ginia. Not just West Virginia. Hear me it comes to today’s life-altering price this Congress continues to ignore the now, it is not just West Virginia. In of gasoline. working man and the single mother. Appalachia—13 States are in Appa- The administration has pinned its This administration continues to ig- lachia. West Virginia is the only one rhetoric to an energy plan, waiting and nore the working man and the single wholly in Appalachia. hoping to tout a reduced dependence on mother, and it continues to ignore the In Appalachia, rural roads, twisting foreign oil, while conceding that no en- outdoorsman who can no longer afford and winding and bending around the ergy plan will provide immediate relief to fill up his pickup truck or SUV for hills and mountains, exacerbate the fi- to high prices at the pump. a weekend of work—yes, they even nancial pain. I am talking about the The American people have waited work on the Sabbath; they have to States of Tennessee, Kentucky, Mis- and have waited and have waited for sometimes—or for a weekend of hunt- sissippi, yes, as well as West Virginia. the United States to get tough on ing and fishing. Not just West Virginia; other States as OPEC and other nations responsible for If the Congress cannot wave a magic well. the recent spike in gasoline prices. wand to lower prices at the pump—and When gas prices spike, rural com- Their elected leaders offer explanations it cannot—at least we can provide muters often have no disposable in- and more explanations and still more short-term relief to compensate work- come to absorb the price flux. What

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.023 S12PT1 S5028 CONGRESSIONAL RECORD — SENATE May 12, 2005 does this do? It forces painful cuts in detriment of the American workers. to and from work is less than the national essential expenditures. I am talking Now is the time, and it may be the average. about the States of Idaho, North Caro- only time, to vote to provide relief ‘‘(B) DETERMINATION OF ELIGIBLE STATES.— lina—where I was born—Ohio, South from high gas prices. Now is the time The Secretary shall determine which States are eligible States under subparagraph (A) Dakota, as well as West Virginia. So it to vote to recognize the plight of work- based on the most recent data available from is not just West Virginia. ers at the gas pump. the Bureau of the Census. The people of these States and all Oh, they say, well, this amendment ‘‘(3) STATE.—The term ‘State’ means the 50 across America, all across the Great may not be germane. Oh, this would set States of the United States. Plains and the prairies, the mountains, a precedent. What is wrong with that? ‘‘(c) TERMINATION.—This section shall not the Ozarks, the Rocky Mountains, all How are precedents set? What is a apply to any taxpayer for any taxable year throughout the land, people in these precedent, if it isn’t something new, if beginning after December 31, 2005.’’. (b) CONFORMING AMENDMENT.—The table of States are crying out for action by it isn’t something that goes against the grain of something that has gone section for subpart A of part IV of the Inter- Congress. So today I offer an amend- nal Revenue Code of 1986 is amended by in- ment to answer that call. We hear you, before? That is how we get precedents. serting after the item relating to section 25B we should say. Yes, we hear you. So I I have seen many precedents set in this the following new item: have an amendment that says we hear Senate, so do not come here with that ‘‘Sec. 25C. Rural commuter credit.’’. you. argument. I do not know, the Chair (c) EFFECTIVE DATE.—The amendments My amendment would provide a tem- may rule this amendment is not ger- made by this section shall apply to taxable porary $500 tax credit for commuters mane. I suppose someone might even years beginning after December 31, 2004. who travel 250 miles per week to and ask the Chair. The PRESIDING OFFICER. The Sen- from work. Isn’t that a reasonable ap- Now is the time to provide relief, a ator from Oklahoma. proach, a temporary $500 tax credit for vote to forgo a policy of wait and see. Mr. INHOFE. Mr. President, I com- commuters who travel 250 miles per It is time to show determination in mend the Senator from West Virginia week, and many of them travel more making the right things happen. for what he is attempting to do for than that? Oh, yes. But we put a limit AMENDMENT NO. 635 TO AMENDMENT NO. 605 rural America. That happens to be me, on it, for commuters who travel 250 (Purpose: To amend the Internal Revenue rural America. I am certainly in sym- miles. If you travel 240 miles, that is Code of 1986 to allow a credit for rural com- pathy with this issue. The problem I not enough. So we try to be very rea- muters) think is going to be the cost. The cost sonable. Mr. BYRD. Mr. President, I call up is somewhere around $5 billion. Since Why shouldn’t a man or woman who my amendment No. 635 and ask that this affects the finance title of the bill, travels 240 miles a week be helped, too? the clerk read the amendment. I am looking to see if Senator BAUCUS The PRESIDING OFFICER. Without We know how difficult it is to move and Senator GRASSLEY can come by legislatively. I have only been in this objection, the pending amendment is and visit a little bit. If the Senator Chamber 47 years, 47 years looking laid aside. would like to continue explaining his Mr. BYRD. I make that consent re- around these walls. ‘‘Novus ordo amendment, or we could try to get hold quest, Mr. President. I thank the seclorum,’’ it says on that wall, ‘‘a new of the two Senators from the Finance order for the ages.’’ And ‘‘in God we Chair. The PRESIDING OFFICER. The Committee. trust.’’ ‘‘In God we trust.’’ I have seen Mr. BYRD. Mr. President, if the Sen- these walls for 47 years. Yes, I came clerk will report the amendment. The legislative clerk read as follows: ator will yield. over from the other body where I used Mr. INHOFE. Yes. to say: Thank God for the Senate. I The Senator from West Virginia [Mr. Mr. BYRD. I will yield to the good BYRD] proposes an amendment numbered 635: never thought of coming over here to At the appropriate place, insert the fol- judgment of the managers of the bill. If change the Senate rules to make us an- lowing: you would like to wait until the arrival other House of Representatives. No, I SEC. ll. TAX CREDIT FOR RURAL COMMUTERS. of those two Senators, that is fine for said thank God for the Senate. (a) IN GENERAL.—Subpart A of part IV of me. May I take this moment to con- Here we are. My amendment would subchapter A of chapter 1 of the Internal gratulate him and congratulate his co- provide a temporary $500 tax credit for Revenue Code of 1986 is amended by inserting manager sitting by my side, the very commuters who travel 250 miles per after section 25B the following new section: distinguished Senator from New Hamp- week. What does that amount to per ‘‘SEC. 25C. RURAL COMMUTER CREDIT. shire. Mr. President, you are doing day? Mr. President, $50 for a 5-day ‘‘(a) ALLOWANCE OF CREDIT.—In the case of an eligible commuter, there shall be allowed your duty, I say, speaking in the sec- week; is that what it is? It is $50 a day as a credit against the tax imposed by this ond person, which I am not supposed to for a 5-day week. The credit would be chapter for the taxable year an amount do in the Senate. I hope they will come available in rural, low-income States equal to $500. to the floor and make themselves where public transportation is not ‘‘(b) ELIGIBLE COMMUTER.—For purposes of heard. readily available. Go down to Welch, this section: Mr. INHOFE. Mr. President, I appre- WV. Travel into the hills and moun- ‘‘(1) IN GENERAL.—The term ‘eligible com- ciate that and will wait until we have tains of New Hampshire. The credit muter’ means an individual who, during the taxable year— an opportunity to speak to those man- would be available in rural, low-income ‘‘(A) resides in an eligible State, aging the finance title of the bill. That States where public transportation is ‘‘(B) drives an average of more than 250 being the case, let me renew our invita- not readily available. The credit would miles per week for purposes of commuting to tion for people to bring their amend- be limited to the tax year 2005, 1 year, and from any location related to the employ- ments to the floor. Right now we have and it fits within the congressional ment of such individual, and hotlined trying to determine who is se- budget so as not to worsen projected ‘‘(C) has an adjusted gross income of less rious about his or her amendment. We deficits. That is reasonable, isn’t it? than— have a lot to get done. The sooner any- This is not a complicated proposal. The ‘‘(i) in the case of a joint return, $100,000, ‘‘(ii) in the case of a head of household re- one who has an amendment gets down arguments in favor of providing relief turn, $75,000, and here for the consideration of that to workers is obvious, having been ‘‘(iii) in any other case, $50,000. amendment, it will be very helpful. made by Members of Congress and the ‘‘(2) ELIGIBLE STATE.— Mr. BYRD. Will the Senator yield for administration for many months now. ‘‘(A) IN GENERAL.—The term ‘eligible a correction? So we put off action day to day, month State’ means any State with respect to Mr. INHOFE. Yes. to month, year to year, waiting for which— Mr. BYRD. I have done what Sen- supposed long-term solutions to take ‘‘(i) the percentage of the population resid- ators sometimes do. They make a mis- effect while we are recreant, while we ing in urban areas is less than the national take. They have done it to me, too, in average, referring to a Senator’s State as a refuse to provide relief for the imme- ‘‘(ii) the disposable personal income per diate hardship. capita is less than 114 percent of the national wrong State. Sometimes they say I am Let us not delay any longer. Let us average, and from the State of Virginia. I count that not equivocate about economic theo- ‘‘(iii) the use of public transportation by as a great compliment, but I am from ries that clearly are working to the the population for the purpose of commuting the great State of West Virginia.

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.025 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5029 In this case, I have mistakenly re- I do not know what the course of ac- clear showdown. There will be a lot of ferred to the distinguished Senator tion is, but I would have to take the nuclear fallout if this happens, which from Vermont as the Senator from New position of advising people not to vote would be bad for the Senate and bad for Hampshire, both great States. I am for the Senator’s amendment. the country. talking about the Senator from Mr. BYRD. Mr. President, would the As I said on the Senate floor earlier Vermont. I believe I referred to him as Senator yield? this week, Democrats understand the the Senator from New Hampshire. OK, Mr. GRASSLEY. Yes. meaning of checks and balances and the Senator from Vermont. I correct Mr. BYRD. Mr. President, I respect our constitutional role in ensuring a the RECORD. the very able Senator for the position fair and independent judiciary. We Mr. INHOFE. Mr. President, I will he has taken. I can understand that po- know the difference between opposing just observe that they have covered sition, and I appreciate it. I have dis- nominees and blocking nominees. We bridges in both New Hampshire and cussed this with the Senator. I do not will oppose bad nominees, but we will Vermont. have a suggestion for an offset. I com- only block unacceptable nominees. Un- Mr. BYRD. And West Virginia. mend the Senator and Senator BAUCUS fortunately, my effort to demonstrate Mr. INHOFE. I yield the floor. on what they have jointly done to ad- good faith to this point has been re- The PRESIDING OFFICER. The Sen- vance this bill and what they have jected. ator from Iowa. jointly done to increase the amounts of My statement earlier this week was Mr. GRASSLEY. Mr. President, can I money available. I understand com- immediately rejected. The distin- have the attention of the Senator from pletely the Senator’s position. I do not guished majority leader, my friend, has West Virginia, please. The Senator blame him for it. He states it correctly, indicated that the Senate would not be from West Virginia does not need to re- but I will say that the amendment does allowed to vote on Griffith unless Sen- spond to this, but I just want to make not worsen projected deficits. The ate Democrats agree to an up-or-down sure. First, I rise because about 6 amendment fits within the congres- vote on all judicial nominees. What o’clock yesterday afternoon, I prom- sional budget. That is why it is not that means is the majority leader will ised the Senator from West Virginia subject to any budget points of order. not compromise unless Democrats that I would get back with him and Deficit projections within the congres- agree to give up the last check in hopefully have Senator BAUCUS with me to discuss whether we could go sional budget will not worsen if this Washington against abuse of power: the along with his amendment. amendment passes. right for extended debate. This is not I got the amendment over to my I do respect the Senator. I know we about seven radical judges. In some staff, as I promised I would, about that are both in sympathy with what the people’s minds, it is paving the way to time, but it was 9:30 this morning be- people in the mountains, the prairies, the Supreme Court. fore I was able to get the two staffs to- the plains, and valleys of this great Our position is clear: Let us find gether. I never did get together with country have to deal with. I am sorry common ground and confirm judges. Senator BAUCUS so I could come over that the amendment is not germane. I Their position appears to be: Let us and visit with the Senator personally understand that. At least I do not threaten to break the rules until we about it. think it is. Perhaps the Senator would get everything we want. We have found a cost argument, not like to have a ruling from the Chair. I Let us find common ground to con- an argument against the Senator’s would hope the Chair would say that firm judges. That does not mean every- point of view on the substance of his the amendment would be germane. body. If we cannot find compromise, as amendment, but it is my responsibility I thank the Senator. I said 2 days ago, then we have to vote. as chairman of the Senate Finance Mr. GRASSLEY. Mr. President, I am We will fight to protect the Nation’s Committee to find offset. Now, I do not not going to raise any more issues. I constitutional system of checks and say this to denigrate the Senator’s ef- have expressed why I cannot support balances and depend on Republicans of forts—the Senator does not have to the amendment, and I will reserve any good will who serve in the Senate who worry about offsets; that is my job— other action at the time we vote. I do not want to break the rules to but if I were going to go along with the thank the Senator from West Virginia change the rules. That is what the peo- amendment of the Senator, I would for being understanding of why I did ple sent us to do, and we will live up to have the responsibility to find an off- not get back to him. our responsibility to the American peo- set. Mr. BYRD. I thank the Senator. ple. So I apologize, first, for not getting Mr. INHOFE. I suggest the absence of Today, I want to try to do what my back to the Senator as I promised I a quorum. Republican colleagues say they want to would last night. But based upon some The PRESIDING OFFICER. The do, and that is confirm Federal judges. of the arguments that Mr. INHOFE gave clerk will call the roll. Today, I am prepared to enter into an but more importantly related to the The legislative clerk proceeded to agreement that would be in respect to work of my committee—and I cannot call the roll. two and possibly three nominees to the speak for Senator BAUCUS, but I think Mr. REID. Mr. President, I ask unan- Sixth Circuit Court of Appeals, which there is an agreement among our staff, imous consent that the order for the has had tremendous problems for going and I do not want to put a figure on it quorum call be rescinded. on 13 years. David McKeague, Robert without having the Joint Tax Com- The PRESIDING OFFICER. Without Griffin, and likely Susan Neilson, Sixth mittee actually score something, but objection, it is so ordered. Circuit nominees from Michigan, have this is a tremendously expensive JUDICIAL NOMINATIONS been caught up in a dispute that began amendment, not that it is not justified. Mr. REID. Mr. President, I once when the Republican Senate failed to I would have to come up with a fairly again want to persuade my Republican vote on either of the two eminently large figure that my staff tells me colleagues that the so-called nuclear qualified women President Clinton had would be close to what we have already option to break the Senate rules re- nominated to the Michigan seats on raised to bring more money into the garding judicial nominations is unnec- that court: Helene White and Kathleen transportation fund so that we can get essary and unwise. Earlier this week, I McCree Lewis. more money for the Senator’s State came to the floor of the Senate and of- Helene White is a distinguished judge and my State, and more money even fered to enter into a unanimous con- on the Michigan Court of Appeals. Her for the transit that is a basis for the sent agreement that will allow an up- nomination was pending in the Senate Senator’s argument because he does or-down vote on controversial nominee Judiciary Committee for more than 4 not have the mass transit—and we do Thomas Griffith to the DC Court of Ap- years—I repeat, more than 4 years. not have the mass transit in Iowa as peals. Kathleen McCree Lewis is a highly re- well, so Iowans would benefit from the We have confirmed 208 of President garded appellate litigator at a promi- Senator’s amendment. But I just can- Bush’s nominations to the Federal nent Detroit law firm. Her nomination not find that money, and it would de- court, but this record near 100 percent was pending for more than a year. tract from all the money we previously is enough, and the Republican leaders Despite their outstanding qualifica- had raised. have brought us to the brink of a nu- tions, both of these nominees, along

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.026 S12PT1 S5030 CONGRESSIONAL RECORD — SENATE May 12, 2005 with over 60 other Clinton nominees, For the sake of the American people meet, but I wish I could have. In her fa- were buried in the Republican-con- and the dignity of the Senate, Demo- mous ‘‘Declaration of Conscience’’ trolled Judiciary Committee. They crats have been and will be reasonable. speech against the terrible McCar- were never given the courtesy of con- We believe too much is at stake. Our thyism then practiced by members of sideration by the Judiciary Committee, very system of constitutional checks her own party, she said: not even a hearing, much less the cour- and balances is at stake in this dispute. I don’t believe the American people will tesy of an up-or-down vote by the full In granting an up-or-down vote on two uphold any political party that puts political Senate. and likely three of these circuit court exploitation above national interest. Surely It seems as if each day a Republican judges—and let me say, the nominee I we Republicans aren’t that desperate for vic- Senator comes to the floor and says tory. While it might be a fleeting victory for have talked about, Susan Neilson, from the Republican Party, it would be a more that every judicial nominee is entitled everything we know, is a fine woman. to an up-or-down vote on the Senate lasting defeat for the American people. Sure- She was just grievously ill, and there- ly it would ultimately be suicide for the Re- floor. I challenge these Senators to ex- fore she was not able to have the hear- publican Party and the two-party system plain why Helene White, Kathleen ing before the Judiciary Committee. that has protected our American liberties Lewis, and 67 others were denied up-or- We are confident that will take place from the dictatorship of a one-party system. down votes on the Senate floor. quickly. Once that is done and the two Today, the Senate is not plagued by I have said that what was done in the Senators from Michigan have had a McCarthyism but by what some believe last 12 years let us put behind us. The chance to vet her, that will take care is an abuse of power. 69 Clinton nominees and the 10 Bush of our being able to move forward on Lord Acton, whom we studied in col- nominees, let us put them behind us three, not just two. lege—I thought it was just something and go forward. We have a new Con- Henry Saad would have been filibus- the teacher had me think about that gress. We have new leaders, at least tered anyway. He is one of those nomi- had no practical application to my two new leaders, Senator DURBIN and I, nees. All one needs to do is have a life’s work, but it has. Lord Acton: and we have a number of new Senators. Member go upstairs and look at his ‘‘Power tends to corrupt.’’ Lord Acton: Let us move forward on a new note. confidential report from the FBI, and I ‘‘Absolute power tends to corrupt abso- The failure of the Senate to confirm think we would all agree that there is lutely.’’ these two outstanding Clinton nomi- We have now a legislative body that nees meant that there were vacancies a problem there. The other two nominees, Griffin and is controlled by the Republicans in the on the Sixth Circuit when President McKeague, would not have been filibus- Senate by a significant majority, by a Bush took office more than 4 years ago. tered but for the treatment of the Clin- significant majority in the House of President Bush nominated candidates ton nominees. Representatives, seven of the Supreme to fill those unjustified vacancies, and Accordingly, I want the majority Court Justices across the street are Re- as other judges have left the court, the leader to be aware that Democrats are publican appointees, the White House President has eventually sent four prepared to enter into the following is Republican. Let’s not have Lord Ac- Sixth Circuit nominees to the Senate. unanimous consent agreement: If the ton’s theory come to be. In light of the shameful treatment of nominations of Griffin, McKeague, and Today, the Senate is not plagued by President Clinton’s Sixth Circuit nomi- Neilson are reported from the Judici- McCarthyism but by what some believe nees, Senators LEVIN and STABENOW ob- ary Committee, we agree to limit floor is abuse of power. Still, Senator Mar- jected to the Bush nominees to this debate on all three nominations to a garet Chase Smith, this great Repub- court, and three of them were filibus- total of 6 hours equally divided. Fol- lican Senator, her words ring true. I tered in the last Congress. They were hope there are enough modern-day Sen- determined that the GOP tactic of de- lowing the use or yielding back of that time, there would be a vote on each of ator Margaret Chase Smiths who will nying hearings and votes to qualified be guided by the interests of the Na- nominees should not succeed. these three nominations. Once again, I say to my Republican colleagues, do tion, not partisan politics. I have talked about these on the Sen- I yield the floor. ate floor earlier. These were procedural they want to confirm judges or do they The PRESIDING OFFICER (Mr. just want to provoke a fight? objections. It had nothing to do with COBURN). The majority leader. the qualifications of two of these Sixth We have confirmed all but four of the Mr. FRIST. Mr. President, I will be Circuit nominees. judicial nominees the majority leader brief. I was just talking to my staff and I supported the two Senators from has brought to the Senate floor this to the Democratic leader to see exactly Michigan. They have been fighting a year. We are prepared to vote on the what offer was made. I did not know grave injustice that has been per- nomination of Griffith to the DC Cir- exactly what offer had been made, but petrated on White and Lewis. They cuit. We are prepared to vote on two he reviewed it with me. have been fighting for the principle of and likely three of the nominees to the Let me make a statement because it fair treatment. I and all Democrats Sixth Circuit. Why are we being denied is important for people to know the have been proud to stand with them in the opportunity to confirm these Democratic leader and I are in con- that fight. judges? We have already confirmed 208 stant conversation about what is a Now with the Senate facing the of President Bush’s judicial nomina- very important issue to this institu- threat of a nuclear option, we have to tions. If the majority leader will accept tion, to the culture of this institution, remember why we are here. We are our offer to vote on Griffith and these to the past and traditions which are here to govern, not endlessly engage in Sixth Circuit nominees, we would have important, but ultimately it is what political bickering that brings us to confirmed 212 of President Bush’s we do in the future because that is the brink of a Republican shutdown. nominees and rejected only 5. Is the what we can control today. It is our re- The American people face great chal- majority leader prepared to break the sponsibility to do so. lenges each and every day: escalating rules and violate 217 years of Senate As we walk the Halls, people come up health care costs; record high gas tradition, all for five extreme judges? I all the time and say there are outside prices; skyrocketing tuition; as we hope not. groups putting pressure on people to learned today on the national news, I have great admiration and respect behave in certain ways, or to vote in pensions that are being thrown out the for my Republican counterpart, and I certain ways in terms of this impor- windows of major companies that have am hopeful and confident that some- tant issue. I have told them, all day tens of thousands of employees; mount- how we can work our way through this and each and every day, ultimately ing debts that will be handed down to morass. how we handle judges in these judicial our children and our grandchildren. In a New York Times op-ed 2 days nominees is determined, as set out in Under President Bush’s leadership, ago, former Senator George Mitchell, the Constitution, by the 100 Senators middle-class Americans have gone who was the majority leader in this who are here today. That is what we backward, not forward. Instead of help- body, quoted from a famous speech de- are working with and discussions are ing them, we are bickering over seven livered by one of his predecessors, ongoing. judges and, in my estimation, many former Senator Margaret Chase Smith, Having not heard the specifics of the radical judges. whom I did not have the opportunity to proposal, the Democratic leader and I

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.028 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5031 will continue conversations on the pro- nominations. These are the most im- this problem. I think that is the same posal that he has put forth. But I do portant nominations of a President of civility colleagues on both sides of the want to draw back and say that the the United States. These are the nomi- aisle feel deep inside. more and more I listen to all the recent nations to our Nation’s highest judicial They do not want things to come to discussions about the President’s judi- offices. a head. We all know the partisanship, cial nominees, the more disturbed I be- Yes, justice must be independent. as the other distinguished Senator come and the more upset I have be- Yes, justice must be blind. But I can- from Nevada said, Mr. ENZI described come. Indeed, as I think about it now, not and I do not think we as a body can it—well, the partisanship started and it angers me to think about it, much of turn a blind eye to the continued at- other people 3 years ago didn’t even it, because quite frankly a real injus- tacks on innocent people who are will- think about filibusters. I don’t think tice, a real injustice is being done to ing to dedicate their lives. Let’s have they thought about filibustering Su- our Nation’s system of justice. that debate on the floor of the Senate, preme Court nominees or circuit court The reputation and the records of bring them up in a regular order, have nominees. It didn’t enter their head. some of America’s finest jurists, seven as much time as it justifies, listen to Things have gotten so difficult and so of them we talked about in the last both sides, see if the smears and the ac- challenging and so partisan and so Congress and over the last several cusations are real, and then have a locked down that it has been elevated weeks—in fact, for months now in vote. And however the vote falls, we up to where, on a routine basis—a rou- morning business we have talked about are willing to accept that. Confirm tine basis, one out of three to one out how outstanding many of these jurists them or reject them, we will accept the of four of the circuit court nominees are—those reputations are being sul- vote. That is the way this body ex- that came from the President were fili- lied and they are being smeared and we presses itself. bustered, were blocked, were denied an have talked among ourselves, not nec- The Democratic leader and I will con- up-or-down vote. essarily on the Senate floor but in pri- tinue our discussions. Again, it is one I think everybody agrees that was ex- vate as we do on both sides of the aisle. of the great pleasures to be able to talk cessive. I will not go into the past be- This has an impact on individuals, on back and forth. But I, based on whether cause I think we need to project to the their lives. Yes, their careers, but their it is individual proposals or the larger future, but now is the time to get lives, their personal lives, their lives discussion of what to do with the seven through that and to get over that. I with family members. And it is inex- judicial nominees, or as we look think anything less than that at this cusable, I believe. ahead—what I propose we do is roughly point of allowing people to come to the It is time, in fact, I think it is long the following: If Members of the minor- floor, debate them fully, and have them past time, for the majority of this Sen- ity want to make their case—I will tell voted on—and I think the American ate to come to their defense and to be you a lot of times we hear the case of people will recognize—is a sham. I am able to express that on the floor of the extremist, out of the mainstream—if not saying we should not come to an Senate. I believe it betrays the great they want to make their case that the agreement of exactly how we should do heritage of this country to drag a per- American Bar Association is wrong in it, but the American people understand son’s good name through the mud the recommendations they have given, at this juncture—they may not under- using the media and the coverage of or in one instance in California 76 per- stand the filibuster, or rules of the that, and then deny them the right to cent of the California voters are wrong, Senate, and many have not gone back be defended on the floor of the Senate let them do so and we will do them and read the Constitution, but what and voted on on the floor of the Senate. nominee by nominee and have the they do understand is full debate and a We look at the individuals. I use the courage to do so on the floor of the vote for people who have been nomi- word ‘‘smeared’’ because I believe that Senate, with plenty of time for de- nated by the President of the United is the level that much of the discussion bate—we can agree on how much time States to the highest courts in this has risen to in this body. It disturbs for debate on each one—and then have country is fair and it is the right thing me. It is time for us to address this, a vote. to do. Anything less than that is a and that is why, once we finish the America understands having a vote, sham. It involves hypocrisy. Hypocrisy highway bill, we have to work together having heard the case made by both must, in this Senate, come to an end. and address this much larger issue, sides. America does not understand If it comes to an end—on both sides larger than much of the legislation how we cannot, how we can deny them in terms of the hypocrisy—if it comes that is brought to this floor in the that vote. to an end, we have a great year and a course of our daily operations. This be- For our part, you will hear us defend half to address immigration, to address trayal of the country’s heritage is not the President’s nominees. We will energy, to address the health care the way we are supposed to do things in rebut and refute the attacks. Some- issues that mean so much to me with this body, in the Senate. It is not the times we believe, and I think America 40 million people uninsured out there; way we are supposed to do things in believes when they hear them, they are we have been able to do class action, America. It is not the idea of fairness— scurrilous attacks. We will do it point bankruptcy and the fifth fastest budget I am going to use that word, ‘‘fair- by point. Then, after we do that, we on time and the supplemental sup- ness’’—that I was accustomed to before will have that vote. All 100 people in porting our troops overseas and we are coming to this body in the Senate. here will be able to vote yes or no, and working on asbestos in committee and It is not the level of fairness that you then we will move to the next nominee we are making great progress. It is expect in a doctor-patient relationship, in an orderly, systematic way, the ones time to move beyond this. and thus America doesn’t understand who are on this Executive Calendar The hypocrisy must and will end. it, why we cannot bring somebody to who have been considered by the Judi- Each nominee is entitled to and must the floor and vote on them—fair vote, ciary Committee, and then we will receive a full and just consideration of up or down. It is our responsibility. start bringing them out. I am con- his or her candidacy and then a fair up- We hear again and again about mi- fident, if we do that—I am very con- or-down vote. nority rights. The Constitution was fident we will be able to judge those Again, I was not in the Senate, and I written to ensure the rights of the mi- nominees on their merits—not because did not realize the Democrat leader nority. We respect that. Both sides of they are the President’s nominees; not would make the specific offer. We have the aisle respect that. It is much of the because people voted a certain way, talked about much of what he said. I tradition of this body. But the Con- even in the last Congress when things came over as soon as he began to talk, stitution was written—I guess it was were very partisan, when a lot of it was and I appreciate his offer for Senate de- neither written, nor has it operated in in the heat of those elections, but in an bate and votes on some of the Presi- 214 years, in a manner that denies the environment of renewed civility, of dent’s judicial nominees, but say once majority of people in this body the being able to work together the way again that it is that principle of an up- right to hold a vote, yes or no, confirm the Democratic leader and I are in our or-down vote that is going to govern or reject—confirm or deny—up or conversations every day—every day we this side of the aisle. I believe it is down—on a President’s most important sit down and discuss how to address what the American people expect.

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.030 S12PT1 S5032 CONGRESSIONAL RECORD — SENATE May 12, 2005 With that, I am happy to turn back This is not to make me look good or Mr. President, what a wonderful to the Democratic leader. Again, I look the Senator from Tennessee look good. country this is. President Bush was forward to our further discussions on We have the people’s business to do. We elected with fewer votes than the per- addressing the issue that both he and I are chosen, as indicated by the vision son he beat. His case was decided in the understand have to be addressed right of our Founding Fathers, to represent Supreme Court of the United States. I now so we can move forward and ad- States. The State of Nevada has about did not like the decision they made, dress the many other issues. Doing 2.5 million people. The State of New but I felt like the rest of Americans— that in a mutually acceptable way York has 19 million. The State of Cali- it was all over with. There was not a earns the respect of the American peo- fornia has 35 million. In the little State car burned, no fire started. There were ple and this great institution we serve. of Nevada, I have as much power as no demonstrations. He became our The PRESIDING OFFICER. The mi- Senators from heavily populated President the minute that decision was nority leader. states. made. Mr. REID. I, frankly, wish I could I hope that Senator FRIST and Sen- But the fact that we are partisans in spend more time on the most impor- ator REID can work a way out of this. protecting this great two-party system tant highway bill. I was chairman of I don’t know if we can. We have met on we have does not mean we should not the full committee on two separate oc- this. Our conversations, I am sorry to work together on issues for this coun- casions, and I am interested in the ju- say, are completely filled with discus- try. We need to do that. I hope we can risdiction of the highway bill. I am sion of this. We have talked about do that. As the distinguished majority sorry my attention is diverted from all every possible avenue we think is a leader said, we are coming down to we are doing on judges. way to get my caucus and his caucus where the rubber hits the road. I would Let me say this to my distinguished out of this. think next week there will be a deci- counterpart, the Republican leader, the I have come to one conclusion: If we sion made on this one way or the other. senior Senator from the State of Ten- work out a deal, there are not going to nessee, I have said in the Senate on a I hope it is something that is good for be many happy people around here. We the American people. I am going to do number of occasions, I cannot justify will have to work something out that what went on during the 8 years Clin- my level best to work with my 44 Sen- is a good compromise. As I have said in ators to see that is the case. I know he ton was President. I am not here to go the Senate before, what does that into a dissertation of what happened will work with his 54 Senators to see mean? Both sides are unhappy. that is the case. And history will deter- the last 4 years during the Bush years. I hope we do not have to come here But I say this: We never got into any mine how the Senator from Nevada and and I have to look to six Republicans problem with filibusters during the the Senator from Tennessee fared on to stop a change of the Senate as we Clinton years because these people this issue, whether we were able to have known it. I hope we do not get to never got any kind of attention. They come through on an issue of tremen- that point. were buried in the committee. I hope dous importance, because the micro- I have said, with the majority leader the American public understand that 69 scope is on the Senate of the United off the floor and I say it when he is in people were nominated by a President States as we speak. the Senate right here, I have the great- of the United States, nominations The PRESIDING OFFICER. The ma- est respect and admiration for this came to the Hill and were lost. Some of jority leader. man. them waited years and years, almost 5 Mr. FRIST. Mr. President, I know we I have said it in my private conversa- years. We are not here to debate every are on the highway bill. Senator BYRD tions with others, I have said it in the 1 of the 10. We have narrowed it down is about to speak. So I think at least Senate again today. He chose public to a fairly small number. from my standpoint we will continue service for the right reason. Senator We have to go forward. I don’t know our discussions. As you can see, we FRIST is an accomplished surgeon, in a if the distinguished Republican leader both feel passionately about this issue, specialty, transplant surgeon. He is a and I can come up with a formula that understanding it is our responsibility man of means. He does not have to satisfies our two caucuses. We realize as leaders to lead on an issue that af- come here. He did it because he wanted the time is of the essence. Not only has fects this country in a very dramatic public service. I have admiration for the country had enough of the judicial way. It affects the future of this insti- him. I wish we could move past this problem we call the nuclear option, but tution in a dramatic way. and move on with the business at hand. the Senator from Tennessee and the Just to clarify, I believe we both Senator from Nevada have had enough. I, again, say I cannot justify what went on during the Clinton years. It agreed that we are going to all keep We have to move on. We have work we working together to address this, but have to do in this Senate. The Repub- was bad. As the distinguished Senator mentioned, people’s lives were dis- we do need to bring some sort of clo- lican leader has mentioned the things sure to this. Therefore, after the high- we have been able to accomplish so far. rupted and changed. They quit jobs and then they had no job. They waited in way bill, at the appropriate time, we It hasn’t been easy what we have been will spend—it is going to probably take able to do but we put the record of our limbo for years. It affected people’s lives. He and I have discussed how it af- a week, or I don’t know exactly what it accomplishments this quarter about as is going to take, but next week—and I far as one could go in saying we have fected individual human beings to their detriment. would hope we would engage in regular done a pretty good job. order and that we have people on the We have a lot of other things to do. I know for the people we are talking about, the Republicans—I am sorry, Executive Calendar and we can do what He has mentioned a few things. But we have always done, bring them up. whether or not we can get things done the people nominated—I don’t know if And as to which one, and how we go in this Senate means we have to move they are Republicans; I assume they about it, would be in discussion. beyond this problem. are—by President Bush, this has had an Some have said that the Senate will adverse effect on some of their lives, But you can tell from my remarks, I stop. The Senate is not going to stop. not all of them but some of them. So believe what the American people ex- It is a body that has lots and lots of we have to move on. When we move on, pect is we will have full debate and ex- rules and procedures and things are we have to have the Senate we have al- pect an up-or-down vote on those, go going to slow down. It will make it ways known. through the normal course of business. very hard to get things done. We need the partisanship to con- People will be able to judge. And I hope We are now approaching June. After tinue. There is nothing wrong with par- and pray people will be able to express we finish 2 more weeks of work, we tisanship. We are the envy of the rest themselves through a vote on the floor have 7 weeks remaining until the Au- of the world because of our two-party here in the Senate. gust recess—7 weeks to do all the system. We are not like the parliamen- Thank you. things we need to do. Then we come tary system in Great Britain where The PRESIDING OFFICER. The Sen- back, and it is time to finish our appro- they have three parties, and Blair, with ator from West Virginia. priations bills. We have so, so much to his party, barely got a majority. We Mr. BYRD. Mr. President, I ask unan- do. are not like India or Great Britain. imous consent that I may be permitted

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.032 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5033 to address a question to the distin- discuss how we are going to deal with needs is not partisanship but states- guished minority leader without losing those on the Executive Calendar—bring manship. I have great faith in the Sen- my right to the floor. them to the floor—that we will be able ate. I have great faith in the two lead- The PRESIDING OFFICER. Is there to move very quickly on all of these, I ers. The minority leader has made a objection? am hopeful. suggestion. Why don’t we proceed with Without objection, it is so ordered. The PRESIDING OFFICER. The Sen- it? Mr. BYRD. Mr. President, I ask my ator from West Virginia. I am sorrowful we have come to the minority leader, what was his propo- Mr. BYRD. Mr. President, I have lis- point where we seemingly forget the sition that he recommended? tened to this discussion with consider- American people. We talk about the Mr. REID. This was only a minor able dismay. I hope that both leaders feelings of those nominees who have issue. What we have done, I say to my will not leave the floor. not been given an up-or-down vote. I distinguished friend through the Chair, I cannot understand why we can’t am sorry about their feelings. But Sen- and my former leader, is that we have proceed a little at a time. If we are ators have a right to speak, have a three judges, one for the DC Court of seeking to— right to object. Appeals and two for Michigan, prob- Mr. REID. Mr. President, may I re- And the distinguished Republican ably three for Michigan, who we said spond to my distinguished friend? leader talks about the need for an up- we have no objection—they are all cir- Mr. BYRD. Yes. May I retain my or-down vote, an up-or-down vote, an cuit court judges—to move forward on. right to the floor? up-or-down vote. I have heard the What Senator FRIST has said in reply is The PRESIDING OFFICER. Without President say something about that. that he wants to have all the judge objection, it is so ordered. Mr. President, here is my guide, the issues resolved before we move to any Mr. REID. Mr. President, the major- Constitution of the United States. of these circuit court judges. That is ity leader and I have had, as I have in- What does it say? Does it say that each what he said and that is what I said. dicated, many conversations. I think nominee shall have an up-or-down Mr. BYRD. Mr. President, may I ad- we should proceed one by one. The dis- vote? Does it say that? I ask the Sen- dress a question to the distinguished tinguished majority leader wants to re- ator from Tennessee, I ask any Senator Republican leader without losing my solve this issue once and for all. So I to respond to that question. Does this right to the floor? accept him at what he wants to do. I Constitution accord to each nominee The PRESIDING OFFICER. Is there am going to work with him over the an up-or-down vote on the Senate objection? next several days—hopefully, it doesn’t floor? Without objection, it is so ordered. take that long—to see if we can resolve Mr. FRIST. Mr. President, I would be Mr. BYRD. Mr. Leader, what is wrong this in some manner. If not, we both happy to respond to the question that with that? What is wrong with the agreed that this matter is going to end has been directed to me. proposition that the minority leader sometime next week anyway. We would Mr. BYRD. I ask unanimous consent has suggested? hope that in the meantime we can re- that I may yield without losing my Mr. FRIST. Mr. President, through solve this. We are on the highway bill. right to the floor. the Chair to the distinguished Senator We have a lot of work to do on that. In The PRESIDING OFFICER. Without from West Virginia, we will continue the interim, I would hope that we can objection, it is so ordered. The Senator the discussion. I would prefer to, as work something out. If we can’t, next from Tennessee is recognized. leader, take the Executive Calendar week we will have a showdown. Mr. FRIST. To the question, does the and take the people on the Executive The PRESIDING OFFICER. The Sen- Constitution say that every nominee of Calendar, who have gone through the ator from West Virginia is recognized. the President deserves an up-or-down Judiciary Committee, who have been Mr. BYRD. Mr. President, I would vote, the answer is, no, the language is debated—it is the way we have always like to avert a showdown, if we can do not there. Up-or-down vote, that is the done business or should do business—go it. Why do we have to have a show- language we use to signify that when through committee and have them down? the President of the United States voted on. If they are voted on, they Mr. REID. Senator BYRD, if I could be sends a nominee to the highest court in come to the calendar. At that point in rude and interrupt, through the Chair, the land, which is his or her responsi- time, you would look at that list, and without the Senator losing his right to bility, which is in the Constitution, you would bring them to the floor, and the floor. they send it to this body for advice and you would have the debate, and you The PRESIDING OFFICER. Without consent. It is common sense to me, it is would vote. That is what I would much objection, it is so ordered. fairness to me that when they come prefer. Mr. REID. Senator BYRD, I feel this over to give advice and consent, we go The specifics, just like you asked, I very way, very strongly. I say, respect- through the Judiciary Committee. If have heard, and we will consider that. fully, to a man who is the dean of the they make it out of the Judiciary Com- But why not take Priscilla Owen for Senate today, has been in the Senate mittee, the way we give advice and the Fifth Circuit, who is on this cal- almost 50 years, who I have the widest consent on this floor is a vote. That is endar, who has waited 4 years, rather respect for, we are not going to resolve what we are elected to do. Or vote no. than other judges, if we are going to be this issue right now. We are trying to I don’t mean you have to vote yes on addressing judges? Or Janice Rogers do that. We are going to have some pri- them, but advice and consent. Brown, who is a sharecropper’s daugh- vate conversations. What I am saying To the American people who are lis- ter, who is at the Supreme Court of to my distinguished leader, give us a tening now, when they elect us here, California, with 76 percent approval, little bit of time. what is fair, what is our responsibility, who is on the Executive Calendar? All Mr. BYRD. Well, Mr. President, I what is our duty is to vote. That is how she is waiting for—all she is waiting have no quarrel with giving the Sen- we give voice. You can’t cut these for—is a vote. Why can’t we address ators time. But I hope we will attempt, nominees in half; you can’t reshape Janice Rogers Brown? in every way possible, to avoid that them; you can’t amend them; you can’t William Pryor—we had a recess ap- showdown the distinguished minority send them to conference—all of those pointment; he has done an outstanding leader has referred to. things. That is why I am a tremendous job; I was just talking to our distin- This matter— advocate for the filibuster for legisla- guished Senators from Alabama—was Mr. FRIST. Mr. President, let me tive matters. But when you have a marked out of the Judiciary Com- just interrupt. The majority leader did nominee that comes over, all you can mittee today. not say anything about a showdown. do is shine the light. You examine So what I would like to do—again, I Mr. BYRD. Well, Mr. President, I them. You debate it, unlimited de- am not going to rule out anything. And know of nothing in my 47 years in this bate—unlimited debate—and then to I understand the Michigan judges in body, in my 53 years in this Congress, give advice and consent, which is in this Congress may be viewed a little that has pained me more than this that Constitution, the advice and con- differently than last Congress, and I issue. I am pained, pained by the polit- sent is right there. How do you do it? appreciate that. I think once we can ical partisanship. What this country Vote yes, vote no. Confirm, reject. We

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.034 S12PT1 S5034 CONGRESSIONAL RECORD — SENATE May 12, 2005 accept it. One hundred people have spo- who has gone through Judiciary Com- deep with respect to freedom of speech. ken, and then we move on to the next mittee—not deserve the fairness—yes, When the distinguished Republican nominee. the fairness—of an up-or-down vote, leader first became leader, and even be- The PRESIDING OFFICER. The Sen- where every Senator can speak for or fore he became leader, he visited my ator from West Virginia. against on the floor of the Senate? Why office and we had a good conversation. Mr. BYRD. Mr. President, this says does Priscilla Owen not deserve—she I believe he asked my thoughts on that he, the President, shall have the has waited 4 years—an up-or-down whether he might be a good leader of power to nominate and, by and with vote? How can you explain to the the Senate. I said give the Senate the the consent of the United States Sen- American people at this juncture, after opportunity to debate and to amend. ate, shall appoint. To give consent, we what I would call an unprecedented That is what we are talking about may vote. But to deny consent doesn’t number of filibusters in the last Con- here—the right to amend, the right to require a vote. It does not require a gress, that Priscilla Owen does not de- debate. Yet they are talking about the vote and the record shows that. The serve a vote? It is our responsibility to nuclear option. record shows that Republicans and give advice and consent. How does she Don’t kill freedom of speech in the Democrats have, from time to time, not deserve a vote in the Senate next Senate. That great compromise that the leadership has denied a vote to a week or the following week? was entered into on July 16, 1787, is nominee simply by bottling up that The PRESIDING OFFICER. The Sen- why we are here today. If it hadn’t nominee in the committee. That denies ator from West Virginia is recognized. been for that compromise, the Senator the nominee a vote. The Senate speaks, Mr. BYRD. Mr. President, what does who sits in the chair would not be sit- as it were, and refuses to give its con- the Constitution say? By and with the ting there. The distinguished Demo- sent by just saying nothing; thus, consent, the President shall have the cratic leader would not be the leader in keeping those nominees in the com- power, and by and with the consent of this body. There would be no Senate, mittee. That has been done from time the United States Senate, shall ap- and there probably would not be a Re- immemorial and more recently in in- point. Now, we can wrangle until the public. The great compromise said creasing measure. crack of doom about why so and so and there shall be two Houses, and the Many nominees under the Clinton ad- so and so were not given an up-or-down membership number of one shall be de- ministration were not given an up-or- vote in the Senate. One could ask that termined on the basis of population; down vote. They were sent up here by question ad infinitum about those the other will be a forum of the States the President of the United States. many nominees that were sent to the in which each State is equal to every They were not given an up-or-down Senate by President Clinton. They other State and each Senator is equal vote. They were kept in committee. never got up-or-down votes. I didn’t to every other Senator. Mr. FRIST. Will the Senator yield for take the floor and urge that they de- We talk a lot about tradition. I say a question? served this or that. to my good friend—and he is my Mr. BYRD. Let me finish. I will be The Senate should be guided by this friend—the distinguished Senator from happy to yield. They were not given an Constitution. If it elects not to confirm Tennessee, I have heard a good many up-or-down vote. So the Senate did not by simply withholding its voice, it can Senators on the floor talking about give its consent. That is all right. That do so. I commend both leaders for their tradition. Well, tradition in the Senate is within the Constitution. The Senate efforts. But I am telling you, the Amer- means freedom of debate going back to did not give its consent. So what is the ican people deserve something. That is the beginning of this Republic; and the difference, if the Senate, through its what we should think about. The Articles of Confederation, the first committee system, decides not to give American people deserve action by the Constitution of the United States— a presidential nominee an up-or-down Senate to get on with the business of going back to the Articles of Confed- vote in the committee, then? The Sen- the people. Look at these high gas eration, back to the House of Com- ate may decide not to indicate its con- prices. We can talk about immigration mons, the people of England who were firmation by an up-or-down vote, just policy. We can talk about access to in this country, especially those who simply be silent. It has not confirmed, health facilities. The American people decided on this Constitution, were has it? It has not given its consent, has deserve action on the part of the Sen- British subjects. it? So what is the difference? ate, and here we are wrangling over a So the roots of freedom of speech are If a nominee is not given confirma- half-dozen nominations for judgeships. deep. They go back to 1689, to the time tion by a committee, what is the dif- That is just a shirttail full of nomina- when the English offered to William ference? You are not giving consent tions, and they have been sent to the III, of Orange, and Mary the oppor- there. If you are not given an up-or- Senate already. In the first administra- tunity to be joint sovereigns. The prop- down vote on the committee, what is tion, if the Senate saw fit not to give osition was that there must be freedom the difference? I am unable to under- its confirmation to them, why should of speech in the Senate. Those two stand the difference. the President send the same nomina- sovereigns—that was one of the items Let’s do what the Constitution says. tions back up to the Senate? There are that was to be agreed to, freedom of Let’s do what the Constitution says. plenty of people in this country who speech in the House of Commons. That When we talk about what these nomi- are able—many lawyers and judges who was on, I believe, February 13, 1689. On nees deserve, what do the American are able. There are plenty of people the December 16 of that year, a statute was people deserve? That should matter. President could nominate that would passed incorporating those rights into What do the American people deserve? not have a problem getting confirma- a statute. That was the Bill of Rights They deserve to move on. Look at the tion in the Senate. Why do we have to of our English forebears. As I say, that problems that confront this country. send the same ones back here? That is common thread of freedom of speech Mr. FRIST addressed the Chair. up to the President. If he wants to send runs deep, deep in the House of Com- Mr. BYRD. Mr. President, if the Sen- the same ones, he can. mons, and we ought to honor it here. ator wishes me to yield, I would be glad I am saddened by this threat to use We are talking about cutting off the to. I have the floor. the so-called nuclear option. The dis- rights of Senators and about what the Mr. FRIST. Yes, sir. tinguished majority leader prefers to nominees deserve. What do the Amer- Mr. BYRD. I ask unanimous consent call it the ‘‘constitutional option.’’ ican people deserve? Well, let’s adhere that I may yield to the distinguished Mr. INHOFE. Will the Senator yield to tradition. There wasn’t any limita- majority leader for a statement with- for a point of order? tion on speech until 1917 in the Senate. out losing my right to the floor. Mr. BYRD. Not yet. I have not said First, they had the previous question. The PRESIDING OFFICER. Without much on this question, but I want to Aaron Burr said in 1805, when he made objection, it is so ordered. say a few things today. The Republican his departing speech from the Senate— Mr. FRIST. Mr. President, through leader refers to it as the ‘‘constitu- I am just hoping I might have the at- the Chair to the distinguished Senator tional option.’’ I refer to it as ‘‘con- tention of Senators. I have not had from West Virginia, why does Priscilla stitutional folly.’’ We talk about free- much to say on this question, although Owen—through advice and consent, dom of speech in the Senate. Roots run it has kept me awake many nights. I

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.036 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5035 have spent sleepless hours worrying Mr. FRIST. Mr. President, will the down vote on the floor of the U.S. Sen- about this thing of killing debate, free- Senator yield? ate? dom of speech in the Senate. Who wish- Mr. BYRD. Not yet, if I may respect- Mr. BYRD. I am willing to give nomi- es, Mr. Leader, to have that kind of a fully decline. I will shortly. The Sen- nees, if there is a handful of them— legacy to confront him—to help to kill ator from Tennessee may wish to stand Mr. FRIST. An up-or-down vote on freedom of speech in the Senate? You on his feet and defend the beliefs, the the floor of the U.S. Senate. Isn’t that don’t want that legacy. I don’t want to opinions, the rights of the people of what you said yesterday to the Presi- see you have that legacy—freedom of Tennessee from a majority. Over there dent of the United States? speech in the Senate killed. is the majoritarian body, the House of Mr. BYRD. I said I am willing to give Aaron Burr urged the Senate to do Representatives. There is where major- them an up-or-down vote, just a hand- away with the previous question. They ity rules. This is the forum of the ful. still have the previous question in the States. It is a forum for minorities, Mr. FRIST. Thank you. Mr. BYRD. I don’t mean six of them, House of Representatives and in the where we can have dissent on the part five of them, or four of them or three of House of Commons in England. The of a minority. The majority is not al- them. I have never attacked the Sen- previous question had been on the ways right. The majority has been ator’s desire to be looked upon as a books for a few years, but it hadn’t wrong before. And so I say, let’s pro- leader who was fair. I have never at- been used, so Aaron Burr, in 1805, urged tect the rights of the minority to fili- tacked him. the Senate to do away with the pre- buster, if I may use that word. Mr. FRIST. Mr. President, another vious question by which they could Yes, we have engaged in filibusters quick question, reserving the Senator’s shut off debate. In 1806, in that first re- on judicial matters before. I was here right to the floor. Yesterday, in the vision of the Senate rules, it was left when the President of the United Senator’s statement to the President out. No more could a Senator move the States wanted to make Abe Fortas the of United States, it was to the seven previous question in this body. Chief Justice. I voted on that. That nominees he delivered to us about That was the end of it until 1917. was a filibuster. whom the distinguished Senator from Then, when President Wilson sought to Mr. FRIST. Mr. President, will the West Virginia said: I want them, or I arm merchant ships, there was a fili- Senator yield just for a quick question? am willing to have—I don’t know if the Mr. BYRD. Mr. President, yes, I buster by a few Senators. Thank God. I Senator wants or is willing to have an came over here from the House like a yield. I ask unanimous consent that I up-or-down vote on the seven nomi- lot of Senators have. Some want to can yield under the rules for a ques- nees—didn’t the distinguished Senator make the Senate another House of Rep- tion, without losing my right to the from West Virginia tell the President resentatives. floor. of the United States and other Sen- The Founding Fathers did not want The PRESIDING OFFICER (Mr. ators that at the same time he ad- to do that. But when I came to the CRAPO). Without objection, it is so or- dressed my legacy? House, I did not come over here chew- dered. Mr. BYRD. Just as the Senator has ing at the bit to change the Senate Mr. FRIST. Mr. President, I have a had a little difficulty in recalling rules and make this a second House of very brief question. The Senator from whether I said this or that, I didn’t Representatives, only smaller. I said West Virginia mentioned what he said have a written text before me when I thank God for the U.S. Senate many in my presence and the presence of spoke to the President. I don’t remem- times when I was in that other body. other Senators yesterday. We were at ber if I said a few or all or three or Thank God for the U.S. Senate. the White House talking about impor- four. I don’t remember. I am willing to Why did I do that? Because over here, tant issues—foreign affairs—but he, I have some votes up or down. a man or woman may stand on his or think very appropriately, brought up Let’s get around this Damocles sword her feet so long as their lungs, their this issue. The Senator from West Vir- that hangs over the Senate of the brass lungs, will carry their voice, and ginia did make the point that he just United States and act as reasonable they can object. made about the importance of not leav- men and women and vote some of them And may I say to the distinguished ing a legacy, as you described it. My up or down. Whatever the leader de- majority leader, he made mention of legacy would be very different because cides is fine. Let’s don’t talk about this the late Senator SMITH from Maine. I of the principle of a fair, up-or-down nuclear option. Let’s don’t bring that was here when she was here. What a vote, after freedom of speech, extended down at this time. I am not referring grand woman that one, a great Sen- debate for as long as is reasonable in to the legacy of the distinguished Sen- ator, Margaret Chase Smith. I wish she terms of getting all the issues out ator in a disparaging way. I am not were here today, Margaret Chase there. That is what the American peo- doing that at all. The leader—— Smith. I wish those Senators of that ple want. They want a nominee to Mr. FRIST. One more brief question. day were here. They would not stand come over, be fully debated, everything Mr. BYRD. Yes, but let me finish my still for a minute to throttling freedom about them, counter, debate, back and sentence. of speech in the U.S. Senate. forth, freedom of speech. Mr. FRIST. Yes, through the Chair. May I say to the distinguished Sen- The Constitution, the wonderful his- Mr. BYRD. The leader has it within ator from Tennessee, please think tory you just gave us—— his power to go forward on all seven or about this. Think about this. Don’t Mr. BYRD. Praise God. Here it is, six or five or four, whatever it is, or he leave this as your legacy. No, try to freedom of speech. has the power to do it on less than that find a way around this freedom of Mr. FRIST. Freedom of speech. Let’s number. It seems to me that a reason- speech in the United States Senate. see it next week. Take someone who is able compromise could be reached Let’s don’t throttle it. We have come on the Executive Calendar now. Take among Senators. I am interested in to a time, we say we are going to try to them to the floor, and let’s have free- helping to effectuate such a com- work this out. This ought not be all dom of speech—somebody who has promise. If it means an up-or-down that difficult to work out. As I said to waited 4 years for the appropriate free- vote on one or two or three or four, the President of the United States in dom of speech coming to the floor—and whatever, it seems to me to be reason- the presence of the distinguished Sen- then do—this is my question. I do not able if we can give and take—that is ator from Tennessee: Mr. President, want to go into a long speech because what we are expected to do, give a lit- tell your leadership up there not to I know we all have other engagements tle here, give a little there—and let’s push this, not to push this on the we need to get to. Let me ask the ques- get out of this morass, this terrible American people. It is their freedom. tion. Didn’t you also say, as the other threat to the freedom of speech in the The day may come when—and it has part of that statement to the President Senate of Senators. That means free- been in the past—the day may come of the United States, being critical of dom of speech on the part of my people when the Senator from Tennessee wish- the potential legacy I might leave in back home who expect me to speak for es to stand and use that filibuster. order to stand up for fairness and prin- them. The filibuster is not a very popular ciple, didn’t you also say you would I hope the leader will think about thing out there in the country maybe. give all of these nominees an up-or- that. My goodness, they have a shirt

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.038 S12PT1 S5036 CONGRESSIONAL RECORD — SENATE May 12, 2005 tail full of nominees, and we are going The ten sons of Haman were executed had orchards and fields of grain and to wreck traditions? Talking about tra- on those gallows, also. lands, but he had land hunger. He ditions, the tradition of the Senate is I say this to the distinguished Sen- wanted more land. He kept getting freedom of speech, freedom of debate, ator, hear me, hear me. I am willing to more land, but he always wanted more freedom to dissent. give some up-and-down votes on some land. The upshot of it was there ap- Mr. President, this reminds me very judges. That is a little thing. But it is peared before him one day a stranger much of a book in the Bible, a book a big thing if it is carried too far. who offered him all the land that he that is titled Esther, the Book of Es- Judges do not have to go before the could cover in a day, like that Ten- ther. I think it would be especially people to be voted on like the Senator nessee land. good for the distinguished majority from Tennessee, the Senator from Ne- Mr. FRIST. Good land. leader to be reminded of the Book of vada, and I have to do. They are ap- Mr. BYRD. He offered him all the Esther in the Bible. pointed for life, and this is the only land he could cover in a day for a thou- I won’t go into it all here, but Esther place where they can be scrutinized. sand rubles. was a Jew. She had a cousin who sat at Well, in the case of Haman, he was He thought, this is my chance. So he the king’s gate every day. He was a executed on his own gallows. I say to took off on an early morning and he Jew. His name was Mordecai. The word the leader of the Republican Party in had never seen land so rich as this was. went out that a man who had been fa- this Senate, the worm turns and there So he decided he would walk 3 miles. vored by the king, a man named will come a day when the majority He left his servant there with the Haman—H-A-M-A-N, I believe it is. leader of the Senate will be on this side stranger. The 64-dollar catchword was, Here is my Bible. This is the King of the aisle. I have seen it happen back he had to be back at the starting point James version of the Bible. I don’t read and forth time and again. It can hap- before the sun went down or he would any other version of the Bible except pen again. That worm will turn. lose his thousand rubles. the King James version. I speak as a I say to the leader, please do not So he started out and he decided he born-again Christian. We hear that ‘‘Hamanize,’’ if I may coin a word, the would walk 3 miles. After he walked the 3 miles, it looked so good he thrown around a lot around here. I am Senate. Remember Haman. The leader thought he would walk 3 more miles, a born-again Christian and have been and his party may someday be on the and he walked 3 more miles until he since 1946. same gallows that we in the minority had covered 27 miles before he turned My wife and I will soon be married, find ourselves on today, ‘‘Hamanized.’’ up on the second side. He covered the the Lord willing, in about 16 or 17 more Do not travel that path because the second side, and he sat down and he ate days, 68 years. We were both put under leader and his party may someday be from the humble bag of provisions that the water in that old churchyard pool executed on the same gallows. Think his good wife had prepared for him, a under the apple orchard in West Vir- about it. Do not ‘‘Hamanize’’ the Sen- little cheese and bread, and then he ginia, the old Missionary Baptist ate of the United States. launched out on the third side of the Church there. Both Erma and I went I thank the distinguished leaders for square and he covered the third side. under the water. So I speak as a born- listening. I hope my words will not But as the long afternoon wore on, the again Christian. You hear that term have been in vain. I plead with them, land became less hilly, more rocky. So thrown around. I have never made a big please do not ‘‘Hamanize’’ the Senate he struggled to reach the end, to reach whoop-de-do about being a born-again of the United States. Take us out of the starting point before the sun went Christian, but I speak as a born-again that straitjacket. I know both leaders down because otherwise he would lose Christian. Hear me all you evangelicals have been working but work some all. He would lose his thousand rubles, out there, hear me. more. If I can help, let me in, count me and he would lose the land that he cov- So here we were, we were baptized. in. I want to help. ered. But getting back to Esther, her cousin, Talking about the American people, Mr. President, I see the leader has Mordecai, sat at the king’s gate day they are the ones who are suffering left. He left me all alone here. What after day, and he refused to do homage from this delay. We could be doing about this? Hey, where is my adver- to the king. The king was Ahasuerus, something about matters that confront sary? Where is my worthy adversary? and his wife’s name was Vashti. The most people every day. I appeal to both Come on now. Where is the leader? Am king asked Vashti to come in before all leaders to let reason reign for a while. I to be left here alone to be gored by the big shots in the kingdom, and she Let us reach a judgment to get on with the horns of those—where is my adver- refused to come. So his advisers ad- the business of the Senate, but for sary? He is not to be found. vised him to put her away and get a Heavens’ sake do not kill freedom of Anyhow, let me bring this long story new queen. So they brought in all the speech in the Senate. to an end. In the end, the man was beautiful virgins—perhaps not all of Do I still have the floor, Mr. Presi- crawling on his hands and knees. The them, but they brought enough to daz- dent? sun was going down. He looked ahead zle the king’s eyes—and they chose Ha- The PRESIDING OFFICER. The Sen- of him and he saw the starting point. dassah, that is Esther, after whom the ator is correct. He saw the dim face of the stranger book is titled. Mr. BYRD. I say, finally, my apolo- waiting on him at the starting point, She was the king’s new queen and she gies to the Republican leader and to the stranger who had offered him all got word from Mordecai that word was the minority leader, and thank them the land that he could cover in a day going out from the king’s top man for listening. But how much land does for a thousand rubles. He saw a grim named Haman that all the Jews were a man need? How much land does a smile on the face of that stranger. So, to be killed on a certain day. So Mor- man need? Tolstoy wrote a great story. painfully, he inched himself forward decai told her that, and she told the How much land does a man need? little by little. His arms were bleeding king and the king said: Who did this? The PRESIDING OFFICER. Senators from the rocks and the briers and the Who said that? should be advised that the Senator’s sticks that had gone through his skin. So the finger was put upon Haman. hour of postcloture time has expired. He reached the starting point just as Haman was the chief leader there of Mr. REID. I yield the Senator an- the Sun went down, but he fell dead on King Ahasuerus. Well, time went on other hour. the spot. and old Haman was advised by his peo- Mr. BYRD. I thank the distinguished The stranger said: I promised him all ple to build a gallows and hang on leader. I have the floor. Thank God for the land he could cover. You see how those gallows Mordecai, and on that the Senate, I said, when I was in that much it is: 6 feet long and 2 feet wide. same day to kill all the Jews through- body over there. The stranger, called Death, said: I have out the 127 provinces of Persia. Finally, I say to my good leader, I kept my pledge. I will go to the point of the story will pose a rhetorical question. How So, Tolstoy asked, How much more quickly. It ended with Haman, the man much land does a man need? Leo do you want? How many nominees have who built the gallows on which to hang Tolstoy wrote a story about a man we confirmed in this Senate? How Mordecai, himself being hanged on named Pahom, I believe it was, but re- many? May I ask the question without those gallows. It did not stop there. gardless of the man’s name, this man losing my right to the floor.

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.040 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5037 Mr. REID. It is 208. and I were told that we could speak on for both the public and for policy- Mr. BYRD. And how many have not the floor at 2:15. So I ask unanimous makers. The American people have been confirmed? consent that I can speak as in morning never been told where the money is Mr. REID. Ten. business, that I will be followed by going, so how can they, in a thoughtful Mr. BYRD. And 7 of those are back Senator HATCH, and in deference to our way, offer suggestions on what needs to before the Senate, out of 218? My, how friend from Oklahoma, who makes a be done to improve the system? With- much land does a man need? How many very good point, that this time be out this essential information from the nominees do they want? Mr. President, charged postcloture. American public, how then can policy- just send up some new nominees; it is Mr. INHOFE. Reserving the right to makers write legislation that thought- that simple. object, I inquire of my friend from Or- fully addresses the public’s concerns Mr. President, I thank all Senators. I egon how much time he is requesting and garners the public’s support? am ready to proceed on the amend- as in morning business. This time, beginning in the fall, that ment, if the Senator would like. Mr. WYDEN. As I said or touched on is going to change. In senior centers Mr. INHOFE. I thank the Senator in my earlier comment, Senator HATCH and libraries, at business organiza- from West Virginia. and I had talked several days ago with tions, online and offline, a Health Care I inquire of the Chair, are we still on the cloakrooms on both sides. We do Report to the American People will lay the Byrd amendment? want to be sensitive to our colleague. out the facts for the first time. The The PRESIDING OFFICER. We are. His point is valid. I think both of us public is going to be told in under- Mr. INHOFE. Let me just make one could finish our remarks in about 10 standable language the facts as to answer on the question you had, How minutes each, or thereabouts. where the $1.8 trillion spent each year much more land? I refer to Jabez, you Mr. INHOFE. That is 10 minutes for on health care goes. Then the Amer- are familiar, in the First Chronicles. each of you? ican people will have the opportunity— They say: ‘‘Expand my territory.’’ So Mr. WYDEN. Yes. again offline and online—to give their we want more. Mr. INHOFE. Mr. President, I will ideas about how to create a health care I make a point of order the pending not object. Let me propound a unani- system that works for everyone. For Byrd amendment is not germane. mous consent request; that is, the com- the first time, public involvement will Mr. BYRD. Mr. President, I ask unan- bined remarks of the Senator from Or- be followed by political accountability. imous consent I may speak for 1 egon and the Senator from Utah not Under the law, once Americans learn minute. extend beyond 20 minutes. where the health care dollar is going The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without and they have the chance to talk about objection, it is so ordered. objection, it is so ordered. The Senator how they would rather spend those dol- Mr. BYRD. Mr. President, I made my from Oregon is recognized. lars, Congress must follow up. All the case. I think it is a good case. I do rec- CITIZENS’ HEALTH CARE WORKING GROUP committees of jurisdiction have to hold ognize that some amendments that are Mr. WYDEN. Mr. President, Senator hearings within 60 days of the rec- offered are not germane. It was my HATCH and I are taking this time to ommendations coming from the citi- hope that, by presenting the amend- prepare our colleagues in the Senate zens of our country. ment, the Chair will rule it is germane. and the public for a health care revolu- Once there is a clear citizens’ road- I will accept the ruling of the Chair. I tion that is long overdue. Right now, map to health care that works for all will not attempt to override the just over the river in Arlington, a Americans, it will be hard for Congress Chair’s ruling if he rules against my group of dedicated citizens from every to reject the citizens’ health care point, but I have made my case. I corner of the country is preparing to do needs. Congress can continue to ignore what the citizens are calling for, but thank the distinguished Senator, and something that has never been done be- with genuine public momentum behind also I thank Senator BAUCUS, the man- fore, and that is to tell the American this effort, Congress will ignore the ager on this side, for the consideration people the hard truths about where they have given. I will abide by the de- citizens at its peril. nearly $2 trillion in health care goes For the first time, with this ap- cision of the Chair. each year and then to walk the public proach, there is the potential to create The PRESIDING OFFICER. In the through the tough choices that must be a true juggernaut to get a bill a Presi- opinion of the Chair, the amendment is made to create a health care system dent of either political party can sign. not germane. The point of order is well that works for all Americans. It is about time. taken, and the amendment falls. The Citizens’ Health Care Working If Americans do not have their Mr. INHOFE. Mr. President, I don’t Group was created by a law that I health, we all understand nothing else know if we have people on the floor wrote with Senator HATCH. That law is matters. Before I had the honor of com- with amendments. I am hoping that we just now beginning to be implemented. ing to the Congress, I served as direc- do. While all these subjects we are ad- Beginning this week, the American tor of the Oregon Gray Panthers. I saw dressing are important, we are oper- people will have a place to go to find then how important it was that a fresh, ating under some real time con- out more about the working group. I innovative approach be taken in this straints. We have been on this bill now encourage them to take the oppor- area. almost 2 weeks. We have worked on the tunity to go to this Web site and learn Two weeks ago, the chairman of bill for 3 years. This is probably the about a very fresh approach to deliv- Starbucks sat in my office. This is a most significant piece of legislation we ering health care for all of our citizens. company that gets it when it comes to will be handling, and I encourage my For 60 years, our country has tried health care. They are doing something colleagues to confine their interests to the same thing. Literally from Harry that is hard for any company to do, this bill and encourage as many of Truman in 1945, in the 81st Congress, providing health insurance not only to them as have amendments that they through 1993 and 1994 in the Clinton ad- their full-time employees but to their seriously want to be considered that ministration, the effort was to write part-time workers. They have done this they bring those amendments to the legislation in Washington, DC. Then because their founder, Howard Schultz, floor. We have the list now down to the American people would find it hard remembers what it was like to grow up about 140 amendments. I know from to understand, various interest groups in a family at risk because they did not past experience just a fraction of those would attack the legislation and each have health care. He believes a secure, will want to have serious consider- other, and everything would die. covered workforce contributes to his ation. Under the law I have written with company’s great business success. But I make that request and I yield the Senator HATCH, this approach is turned Howard Schultz will tell us, just as floor. on its head. Instead of starting in other concerned business leaders will The PRESIDING OFFICER. The Sen- Washington, DC, the Health Care That tell us, they may not be able to keep ator from Oregon. Works for All Americans law begins that commitment if costs continue to Mr. WYDEN. Mr. President, with all outside the beltway. I would say to the grow exponentially. due respect to my friend from Okla- Senate, I think health care reform has What I appreciate about what homa, several days ago Senator HATCH been like getting dressed in the dark Starbucks is saying is they are not

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.043 S12PT1 S5038 CONGRESSIONAL RECORD — SENATE May 12, 2005 waiting for the bottom to fall out. Mr. access to health insurance for all access to health insurance for all Schultz has come to Washington to ask Americans. The premise of this bill is Americans. The premise of the Wyden- that the Congress and the executive that instead of relying on Washington Hatch bill is that instead of relying on branch partner with businesses that for answers, we rely on the people. Washington for answers, the working want to do the right thing and to cover I compliment my colleague from Or- group should hear from people outside their employees. He does not have all egon for coming up with this idea. I am of Washington regarding our health the answers, but he told me and Sen- very happy to sign on and help him care system. The voices of all Ameri- ator HATCH as part of this bipartisan with it, the Health Care That Works cans, insured and uninsured, must be law that makes a break with 60 years For All Americans: Citizens’ Health heard and that this issue needs to be of failure in this area, he wants to try Care Working Group legislation. It was addressed. fresh approaches. Since millions of created in order to hear what people Today, 45 million Americans are un- Americans come in contact with like and do not like about the current insured and 8 million of the uninsured Starbucks each week, that is a pretty health care system. are children. We cannot allow these in- darned big contribution and an indica- It is our hope this working group of dividuals to go without health care tion of what the business community is citizens will have at least one townhall coverage. That is why I sponsored the willing to do as we take a fresh look at meeting in every State in the Union, CHIP legislation in 1997 to address this coming up with health care that works pick the brains of all Americans, and serious matter for children. for all Americans. see if we can come up with answers to To me, the most appealing aspect of Frankly, what we have heard from our health care problems. We provide a this Citizens Working Group is that it Starbucks and others is exactly the mechanism once they do for the Con- is unique from other previous commis- kind of teamwork we wanted when we gress to at least consider it and see sions that were run by Washington in- wrote the law. We are talking about a what we can do to go from there. siders. This working group is composed unique approach where the public has This is one of the biggest issues we of individuals from all over the country the facts, where the public gets a all have to face. who have had experience with the cur- chance to weigh in, where Congress Mr. HATCH. Mr. President, every- rent health care system. These are peo- then has to act. This kind of approach, where I go in Utah, people tell me how ple who have had dealings with dif- where you rewrite the book with re- concerned they are about health care. ferent facets of our health care system, spect to health care reform, is long They are worried about the lack of and they want to make it better. They overdue. There are going to be tough health insurance, skyrocketing pre- will talk to people from all over the choices. Senator HATCH and I have ac- miums, and unaffordable prescription country about what is working and knowledged that at the very beginning. drugs. They are worried that if they what isn’t working. And then they will Certainly end-of-life issues present us are diagnosed with a serious disease put together recommendations, based with some very difficult, gut-wrench- like cancer, they will be wiped out fi- on what they heard from their fellow ing concerns but establishing this kind nancially, even if they have health in- citizens, for Congress and the adminis- of process is, in the view of myself and surance. They are worried about losing tration to consider. Again, let me em- Senator HATCH, absolutely critical if their family doctor because he or she phasize that the recommendations will our country is to move and to move can no longer afford medical liability come from the bottom-up, rather than quickly to deal with the health care premiums. being imposed from Washington. This challenge in the days ahead. There is no question there are prob- is crucial because one of the first tasks This health care wrecking ball is not lems with America’s health care deliv- of the working group is not only to get going to hit in 2040 or 2050, colleagues. ery system. And we have even more the views from the public but also to We are going to get clobbered on New problems when the Government tries help them better understand our health Year’s Day 2007 when 70 million baby to impose a one-size-fits-all program care system. And once these rec- boomers start retiring. on country. That’s why Senator WYDEN ommendations are issued, Congress I see my friend Senator HATCH is here and I reached across the aisle to start will hold hearings to address them. and Senator INHOFE has been so kind to a meaningful national discussion with This week, the Citizens’ Health Care give this time so I will wrap up. I en- every day people. Working Group members are being courage each Senator to urge their A few years ago, Senator WYDEN briefed on various issues related to our citizens at home to get involved with came to my office and told me he had health care system including an over- the Citizens’ Health Care Working a ‘‘terrific idea’’ and that he wanted Group. They are going to be getting view of the health care system, public me to be a part of it. I am glad he did. out into the communities across the health insurance programs such as I came to learn that we both have a country, making their information Medicare, Medicaid, and the State strong desire to get past the partisan available online. This is their Web site. Children’s Health Insurance Program, bickering and forge a consensus that I encourage Senators to have folks at the private health insurance market, would address the problems plaguing home ready to pitch in. the uninsured, and drivers of health I thank my partner in this effort, our health care system. We both de- care costs. In addition, the working cided to take this problem right to the Senator HATCH. If we look at the im- group will be discussing the future field portant health care legislation in the American people. We want those who hearings, the required report to the deal with these issues day in and day last few years, Senator HATCH’s name American people, and begin consider- is virtually always on it, whether it is out to have their say. And, hopefully, ation of approaches for conducting the programs for kids or how to address when the process is finished, we will community meeting. issues relating to pharmaceuticals. I have a national consensus on how best Again, I am very hopeful about the could not have a better partner in the to improve our health care system. innovative health care proposals that The Health Care That Works For All Senate as we try to break new ground will be produced by the citizens’ work- Americans: Citizens Health Care Work- in health care. ing group and want to encourage my ing Group legislation was created in I yield now so Senator HATCH can colleagues to familiarize themselves have the time. I do it with my thanks. order to hear what people like and with this important effort. The PRESIDING OFFICER. The Sen- don’t like about the current health Mr. INHOFE. Mr. President, I thank ator from Utah. care system. It is our hope that there the Senator from Oregon and the Sen- Mr. HATCH. How much time re- will be at least one town hall meeting ator from Utah. They have a great deal mains? in each State. The working group of passion on their subject and they The PRESIDING OFFICER. The Sen- members will hear from the full range have worked long hours. I appreciate ator has just over 10 minutes. of people within our health care sys- the fact they recognize we are consid- Mr. HATCH. I will not take all that. tem—including health care consumers, ering what many people consider to be I apologize to the managers of the bill health care providers, and others who the most significant bill this year. for taking this time. are impacted by health care. Again, we will renew our request for For over 60 years, Washington has For nearly 60 years, Washington has Members to come down with their tried to come up with a way to provide tried to come up with a way to provide amendments. We have hotlined it

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.045 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5039 twice. I want to make sure I say that ‘‘gumbo’’; extremes of weather, from now talking about the same problems enough times for Members. Senator desert heat to Rocky Mountain freez- we have today. JEFFORDS joins me in this. They have ing; and, for the soldiers, worst of all, If we operate on an extension, that is hotlined it on their side. If Members speeches and speeches and more not going to happen. I made a list of all want their amendments considered, if speeches in every town along the way. these things that are not going to hap- Members want floor time, if Members On September 15, 1919, after 62 days on pen if we have just another extension. want a vote, come down, bring it down. the road, the convoy reached San Fran- We are on the sixth extension right I am waiting for that to happen. We are cisco, where it was greeted with med- now. open for business. We encourage Mem- als, a parade, and more speeches. Let me, first of all, encourage anyone bers to come. During World War II, General Eisen- who is going to offer an amendment to Mr. JEFFORDS. Will the Senator hower saw the advantages Germany en- come down and do so. yield? joyed because of the autobahn net- JUDICIAL NOMINATIONS Mr. INHOFE. Yes. work. He also noted the enhanced mo- But while we are waiting, Mr. Presi- Mr. JEFFORDS. I agree with the bility of the Allies when they fought dent, let me respond to one of the Senator’s statement and call upon Sen- their way into Germany. statements that was made about an ators to be here so we can get this These experiences shaped Eisen- hour ago—or was it 2 hours ago—when work done. hower’s views on highways. ‘‘The old they were talking about a floor vote. Mr. INHOFE. It is urgent. Let me convoy,’’ he said, ‘‘had started me Regardless of how you interpret the state why it is urgent. We have a dead- thinking about good, two-lane high- Constitution on advice and consent, line. We are on not our fourth, fifth, ways, but Germany had made me see sometimes I say I am a very fortunate but our sixth extension right now. the wisdom of broader ribbons across person in this body because I am one of When you operate on extensions, as we the land.’’ the few Members of the Senate who is have said over and over again, you can- Thankfully, these experiences helped not a lawyer. So when I read the Con- not get anything done, you cannot guide President Eisenhower as he de- stitution, I know what it says. It says have any of the reforms, you cannot veloped and pushed for the creation of we are supposed to advise and consent. take care of donor States, you cannot the Federal-Aid Highway Act. In 1955, It means a majority of us are going to have innovative methods of financing. President Eisenhower said: have to determine whether a nominee That is all in the bill. Core safety pro- Together, the united forces of our commu- who is presented by the President of visions are in the bill. None of that will nication and transportation systems are dy- the United States is one who is, in fact, be a reality if we do not get this bill. namic elements in the very name we bear— acceptable. Why is it such a rush? This extension United States. What we have been asking for, as our expires on the 31st of May. That is 19 Without them, we would be a mere alliance leader articulated many times—and ap- days from now. We have to get this of many separate parts. parently the senior Senator from West done. If we get this bill finished to- We stand here now on this Senate Virginia agreed with the President yes- night, we will have time to have it over floor, 50 years later, trying to improve terday—is just an up-or-down vote. into conference and start working on it and maintain the roads and highways That is all we want, an up-or-down in conference in time to get the con- created by the legislation inspired by vote. ference report back to the House and President Eisenhower. Now, is this so outrageous? I will go back to the Senate and to the Presi- The bill before us makes great strides back and quote some of my good dent’s desk prior to the expiration of in State efforts to reduce traffic con- friends on the Democrat side who are this extension on May 31. gestion and make our roads and bridges opposed to an up-or-down vote. Mr. JEFFORDS. Mr. President, I em- safer. It will help maintain and expand Senator BIDEN, on March 19, 1997, phasize we are running out of time. We our mass transit systems, and it cre- said: cannot keep going this way without ates jobs and helps our economy. This But I also respectfully suggest that every- getting anything done. We have a re- bill will improve transportation in one who is nominated ought to have a shot, sponsibility to do so. I urge Members every State and have an impact on to have a hearing and to have a shot to be who have issues they want to raise, every American in one way or another. heard on the floor and have a vote on the please come now. Once again, I thank Chairman INHOFE floor. . . . Close to 50 years ago, Congress and Senators BOND and BAUCUS for Senator BOXER said, on May 14, 1997: passed and President Dwight D. Eisen- their efforts in moving this bill for- It is not the role of the Senate to obstruct hower signed into law the Federal Aid ward. We have made good progress this the process and prevent numbers of highly Highway Act of 1956. week, and I know the momentum will qualified nominees from even being given the opportunity for a vote on the Senate floor. As Chairman INHOFE has pointed out continue today, and hopefully it will a number of times during the debate on start soon. Senator DURBIN, who has been very this bill, that legislation is one of the I yield the floor. outspoken, said, on September 28, 1998: greatest public works projects in his- The PRESIDING OFFICER. The Sen- Vote the person up or down. They are tory and is credited with the creation ator from Oklahoma. qualified or they are not. of one of the biggest transportation Mr. INHOFE. Mr. President, I thank Mrs. FEINSTEIN, one of our fine col- systems in the world. the Senator from Vermont for an excel- leagues, the senior Senator from Cali- President Eisenhower was a thought- lent statement. That historic perspec- fornia, on September 16, 1999, said: ful man, but his first realization of the tive is important for a number of rea- A nominee is entitled to a vote. Vote them value of good highways was noted in sons. The whole highway system under up; vote them down. . . . 1919, when he participated in the U.S. Eisenhower came as a result of a quest Now, apparently, their interpretation Army’s first transcontinental motor for national security. That was almost of the Constitution is what mine is. convoy from Washington, DC, to San 50 years ago, and we have been funding Senator KENNEDY, on January 28, Francisco. highways the same way we did 50 years 1998, said: When Eisenhower and a friend heard ago. We have not changed at all. But we should resolve these disagreements about the convoy, they volunteered to We have this excise tax. In the bill by voting on these nominees—yes or no. go along as observers ‘‘partly for a lark we are to pass—and hopefully it will I agree with Senator KENNEDY. and partly to learn,’’ Eisenhower later get passed today and sent on to con- Senator KOHL, on August 21, 1999, recalled. On the way West, the convoy ference—we have new and innovative said: experienced all the woes known to mo- ways of financing. We allow the States These nominees, who have to put their torists, and then some: an endless se- to use their ways. We give them more lives on hold waiting for us to act, deserve ries of mechanical difficulties; vehicles latitude toward their methods of fi- an ‘‘up or down’’ vote. stuck in the mud or sand; trucks and nancing highways. We also appoint a Senator LEAHY, on October 22, 1997, other equipment crashing through national commission to study how we said: wooden bridges; roads as slippery as ice could do this in the future so we will I hope we might reach a point where we as or dusty or the consistency of not be standing up here 6 years from a Senate will accept our responsibility—

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.047 S12PT1 S5040 CONGRESSIONAL RECORD — SENATE May 12, 2005 That is us. I have been in the Congress for now the right. That has not been the tradi- and vote people up or vote them down. going on 33 years. I have read the Con- tion. What has happened is wrong. Senator SCHUMER, on March 7, 2000, stitution over and over again, particu- I saw somebody last night on one of said: larly on this subject, article II, section the talk shows saying everything that happens in Washington is about some- I also plead with my colleagues to move 2. I am somewhat familiar with the tra- judges with alacrity—vote them up or down. ditions and rules of the Senate. I am thing else. This lady suggested this chairman of the Rules Committee. I whole debate is about the next Su- So I am saying that I agree with all have been in leadership roles. I must preme Court nomination. Maybe that of my good Democrat colleagues that say that while we have had our dis- is true. Maybe there are a couple other we should give them an up-or-down agreements and while I have seen us things it is about, but in the mean- vote, and I have no question but that make mistakes and while I have seen time, innocent and qualified, good peo- the American people feel the same injustices heaped on each other, on the ple are having their lives disrupted and way. You see different polling data, but people who are affected by issues we smeared by this process. when they are asked the question, deal with, I don’t believe I have ever I acknowledge this sort of thing has Should these people be entitled to a seen anything as unfair and wrong as been going on ever since I have been in vote up or down? they overwhelmingly what I have seen happening to these the Senate. Every time we have a fili- believe they should. circuit court nominees over the past 4 buster or kill somebody or embarrass I yield the floor. years. This has been going on for 4 somebody in our process, whether it is The PRESIDING OFFICER (Mr. years. Senator John Tower to be Secretary of CHAMBLISS). The Senator from Mis- I was stunned when it started hap- Defense or Clarence Thomas to be on sissippi. pening with Judge Charles Pickering of the Supreme Court, Judge Bork as a Mr. LOTT. Mr. President, I actually Mississippi and Justice Priscilla Owen nominee, every time we seem to drop came over to have a little discussion of Texas. I thought maybe that was down another level. Sure, a lot of the with the distinguished chairman of the something aimed at me or maybe it Clinton nominees were held up in the full committee who has brought this was aimed at the Fifth Circuit Court of Judiciary Committee. Maybe this is re- legislation forth, Senator INHOFE. I Appeals, or maybe it was a fit of anger taliation for that. What is going to be thank him for the work he has been about some of the nominees from the next retaliation? How low can we doing. We had an issue we have been President Clinton who didn’t get out of go before we stop this tit for tat? discussing, and I think we have some- the Judiciary Committee, but it would Now is the time to end it and go back thing identified to be helpful. be a passing break from tradition. But toward greater comity between the I came to talk about the highway no, this has continued right on through parties and the people involved in these bill, and I will do it to this extent: We the 108th. We need to find a resolution discussions. I haven’t been sitting on need a bill. It is an overdue bill. It is that is fair to all concerned. the sideline saying: Let’s impose this important to our country. It is impor- I wanted to correct a couple rule. Let’s comply with the Constitu- tant to have infrastructure. It is im- misimpressions, perpetuated primarily tion, which I think we should do. I portant for job creation. It is impor- by the media. The proposal to put the want to make that perfectly clear. I tant for economic development. And it tradition back in place that we don’t have one goal and only one goal, ulti- is important for safety. filibuster Federal judicial nominees is mately, in this area, and that is to stop We ought to do this bill. I just cannot not an end of the filibuster. Some of filibusters of these Federal judges. I understand why the Senate still heaves the media—accidentally, I am sure— don’t particularly care how we get away from getting this extremely pop- suggested this is a debate over whether there, but that is the right thing to do. ular, overdue, and highly necessary to have the filibuster. No, it is limited I am determined to get there. piece of legislation passed. to the Federal judiciary. It won’t affect As chairman of the Rules Committee, I urge my colleagues, if they have our ability to continue to filibuster we had hearings on and moved legisla- good amendments, let’s do them. If we legislation or other executive branch tion 2 years ago, sponsored by Senator can’t get it completed this afternoon, nominations, although I have to con- FRIST and Senator Zell Miller, to try to let’s do it as soon as possible. It is crit- fess, I think there should be some rea- come to a fair conclusion about how ical for our country. sonable limits on that also. I am not a these judges would be handled. It was a We are speaking on time on the high- guy who gets so caught up in the insti- process that said the first vote on clo- way bill, but actually other subjects tutional rights that I forget consid- ture would require 60 votes, then 57, have been introduced. I would like to ering the rights of people and right and then 55, but ultimately get to an up-or- comment on that. wrong. Does that have a place here in down vote, a majority, but an elon- Mr. INHOFE. Will the Senator yield? the Senate? gated process to make sure everything Mr. LOTT. I am glad to yield. These good men and women and mi- that needed to be said could be said. It Mr. INHOFE. Mr. President, we have norities have been maligned, mis- could be fully scrubbed, and at some been pleading with our colleagues to treated, have had their lives disrupted, point you get to conclusion. A fili- bring amendments down. Will the Sen- some of them for 4 years. Some of the buster, the way it is being used, is ator, in the event an amendment comes best possible nominees such as Miguel guaranteeing we never get to conclu- to the floor, then yield for consider- Estrada said: Well, I have to go on with sion. It goes on and on from one Con- ation of that amendment? my life. And he withdrew. gress to the next. JUDICIAL NOMINATIONS There has been a misimpression We reported out a bill. That appar- Mr. LOTT. I want this legislation so given about how this would limit the ently wasn’t acceptable to the minor- bad, I would even stop talking myself. filibuster. It would only apply to these ity, the Democrats. So I started look- That would be a major sacrifice, but judicial nominees. ing for other solutions. I did talk to yes, I would be glad to yield. But since The other thing is, Senator FRIST Senator BEN NELSON and others: Is the opportunity presents itself and I and the Republicans are considering there some way we can address some of missed the opportunity to engage in changing the rules. Actually what we these concerns; is there some way we the discussion an hour or so ago—not are considering doing is putting tradi- can guarantee that these nominees are that it was needed—I have had very lit- tion back in place. The tradition has not unfairly held permanently in the tle to say on the floor of the Senate not been to filibuster Federal nomi- Judiciary Committee? about the discussion about judges. nees. The tradition has not been to fili- We came up with a process that said There are a lot of different viewpoints. buster appellate court nominees. Not after 90 days, if the appropriate blue I am not going to refer to what others one time during the 6 years or so I slips have been returned by the Sen- have said and I am not going to suggest served as leader did we have a fili- ators from the State of the nominee af- I am a great constitutional scholar or buster. We are trying to go back to fected, then they would come to the that I am so steeped in all of the rules where we were. You can argue over this floor. They could not be held in com- and traditions of the Senate. But I example or that example or we should mittee indefinitely, but if there was a have studied this issue. retain that right. No, that has not been problem that came up and they needed

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.049 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5041 an additional 90 days, agreed to by the her opinion of Franklin Roosevelt, but seems like it may be some workable chairman and ranking member, then it isn’t she entitled to an opinion? All the number. could be extended. Ultimately, they while, perhaps, she is ruling very fairly Mr. President, I suggest the absence would have to come out of committee or even ruling against her personal be- of a quorum. and be considered by the full Senate. liefs, if that is what the court prece- The PRESIDING OFFICER. The That would address one of the concerns dent calls for. clerk will call the roll. that has been pointed out by Senator Mr. President, I don’t necessarily The bill clerk proceeded to call the REID and Senator LEAHY and other mean this as critical of the institution roll. Democrats. There is some merit to or any one individual, but I think there Mr. INOUYE. Mr. President, I ask what they are saying. Let’s fix that. is an awful lot of pontificating that has unanimous consent that the order for The second problem was freedom of gone on too long here. Priscilla Owen, the quorum call be rescinded. speech, the great tradition in the Sen- a supreme court justice in Texas, de- The PRESIDING OFFICER. Without ate of endless debate. Give me a break. serves a vote. She deserves to be con- objection, it is so ordered. At any rate, to say the majority leader firmed. Somebody said she is too pro- THE FILIBUSTER could not even file cloture for at least business, she has a conservative view- Mr. INOUYE. Mr. President, on Janu- 24 hours after a nomination was called point. Is that now disqualifying? I ary 31, 1963, I gave my maiden speech up—it could be longer—and then he don’t think so. in the Senate. That is over 40 years could file cloture, and after 2 days we I have voted for judges I didn’t agree ago—42 years ago. At that moment, the would eventually get to an up-or-down with, perhaps on labor law. I point out Senate was embroiled in a very heated vote, but have a week for debate. By over and over again that I voted to debate on civil rights. The question be- the way, Senator FRIST subsequently confirm Justice Ruth Bader Ginsburg. fore the Senate was the filibuster be- suggested that be moved even further. Certainly, she would not have been my cause many of my colleagues, espe- Every Senator would get an hour if he pick, but she was qualified, experi- cially those who were designated as lib- wanted it, full debate. I hate the enced, and had proper decorum, and she erals, looked upon the filibuster as the thought of that, too, having to listen was ethical. President Clinton won the major obstacle to the granting of civil to 99 other speakers on a judge. Think election and so, based on that, I voted rights to the oppressed minority of this about the sacrifice the majority leader for her. Nation. On that day, I was given the has to make. When the majority leader Surely, we can find a way to work right to the floor and I gave a short has to give 100 hours to anything, how this out. I think it has gone on long speech. I think it is quite relevant at many judges could do you that on? It enough. I have tried not once, twice, this moment. If I may, these are the would be another impediment. But we but three times to find a way that we words of 31 January 1963: would have full debate and then a vote. can get the right result, which is an Mr. President, I fully understand the re- That was the key. Fairness on the com- up-or-down vote on these judges, and I spected custom of this body which advises a mittee, full debate on the floor, but ul- have not been able to be successful yet. new member to sit in his chair, to listen timately a vote. That was rejected. A lot of people have tried, and I think quietly and learn before he rises to speak to A lot of different ideas have been ex- they deserve recognition. Those of us the Senate himself. plored. A lot of Senators would like to who have worked to try to find com- There is wisdom in that custom, as there is find a way to stop the way we have promise have not been working against in most customs which last through years of been doing business but doing it where the interests of our leadership. We told trial and experience. I would not willingly everybody could have some degree of break that honored silence, but because this them what we were trying to do. That debate calls to question the place of the mi- comfort. I think time is running out. I is in one of the finer traditions of the nority in a democratic political system, I think we have to make a decision on Senate. But I cannot find a solution feel I must say these few words in deep but this and move on. Some people would that I think is fair, other than to make passionate humility, for I am a member of a say: Oh, my goodness, the Senate will it clear that these nominees deserve an minority in a sense few other Senators have be stopped, slowed down, with different up-or-down vote. ever been. agendas offered. How will we get any- The Senate should vote. Some of I understand the hopelessness that a man thing done? The last time I checked, them won’t be confirmed, I predict. of unusual color or feature experiences in the we have done four bills this year. We One or two of the seven—the magnifi- face of constant human injustice. I understand the despair of a human heart are not exactly burning up the woods. cent seven—that have been renomi- crying for comfort to a world it cannot be- How do you slow down from almost a nated may not be confirmed. I would come a part of and to a family of man that dead stop? So there is a little bit of a not be surprised to see that. I have has disinherited him. temerity—I will not use names to de- voted for judges and against judges, For this reason, I have done and will con- scribe what the Senate is doing. but all of a sudden we don’t want to do tinue to do all that one man can do to secure I think we need to work together. We that. for these people the opportunity and the jus- have done it many times across the Let the Senate do what it is supposed tice that they do not now have. But if any aisle. We have worked with Senator to do. Let’s ante up and kick in. Let’s lesson of history is clear, it is that minori- ties change, new minorities take their place, BAUCUS of Montana on issue after vote and solve this issue, get it done, and old minorities grow into the majority. issue. Senator GRASSLEY won’t have it and let’s move on and legislate for the One can discern this course in our own his- any other way, to his credit. We ought best interests of our children and tory by observing the decisions of the Su- to find more ways to do it. We ought to grandchildren. preme Court, where the growth of the Na- find a way to do it on Social Security. I yield the floor. tion’s law so often takes the form of adopt- We have done it before. It took cour- The PRESIDING OFFICER. The Sen- ing as the opinion of the Court the dis- age. We have done it on trade and we ator from Oklahoma is recognized. senting view of the earlier decision. are going to do it again. It will take Mr. INHOFE. Mr. President, I thank From this fact, we discern the simple ex- courage, sacrifice, and we are going to the Senator for his remarks. This bill ample of a vital democratic principle. I have heard so often in the past few weeks elo- have to work to find a solution. We can is urgent. We have been, as I said, quent and good men plead for the chance to do that here. hotlining it. We have done it twice on let the majority rule. That is, they say, the But I guess the thing that really gets our side. I am waiting for responses to essence of democracy. I disagree, for to me it me the most is when we put our de- see what kind of progress they are hav- is equally clear that democracy does not nec- scription of tradition and the great in- ing on the other side of the aisle. essarily result from majority rule but rather stitution ahead of human beings. When I want to get on record here so that from the forged compromise of the majority we have this debate, I see faces, people; Members can all be aware it appears we with the minority. I see Janice Rogers Brown, from Cali- are down to about 10 amendments right The philosophy of the Constitution and the fornia, who has an incredible story to now on this side of the aisle. I think it Bill of Rights is not simply to grant the ma- jority the power to rule, but is also to set tell. She is being maligned. Is she a would be very wise to continue to talk out limitation after limitation upon that conservative African-American about this because we will be getting power. woman? Yes. Is that disqualifying? It to a point where we are going to have Freedom of speech, freedom of the press, should not be. You may not agree with to draw this to a conclusion, and now it freedom of religion: What are these but the

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.051 S12PT1 S5042 CONGRESSIONAL RECORD — SENATE May 12, 2005 recognition that at times when the majority tunity to listen to the goodness he has this bill designed to promote primary of men would willingly destroy him, a dis- given us in many speeches. I thank the safety belt laws in the States. These senting man may have no friend but the law. Senator for what he has done today. laws help prevent fatalities and crip- This power given to the minority is the Mr. INOUYE. The Senator from pling, disabling injuries when auto ac- most sophisticated and the most vital power bestowed by our Constitution. Vermont is very kind. I should point cidents occur. In this day of the mass mind and the lonely out, I was very proud of my speech, but As many of you know, primary safety crowd, the right to exercise this power and the consequences are rather sad be- belt laws allow police officers to stop the courage to express it has become less and cause my so-called liberal friends and issue citations to motorists they less apparent. One of the few places where avoided me for a few weeks after that. observe who are not buckled up. Sec- this power remains a living force is in the Mr. President, I yield the floor. ondary safety belt laws, on the other United States Senate. Mr. INHOFE. Mr. President, before I hand, require a motorist be pulled over Let us face the decision before us directly. suggest the absence of a quorum, let for another offense before he or she can It is not free speech, for that has never been recognized as a legally unlimited right. It is me also echo my good friend. One of be issued a ticket for failing to wear a not the Senate’s inability to act at all, for I the real thrills I have had since I came safety belt. cannot believe that a majority truly deter- from the other body was when Bob Today, 21 States, the District of Co- mined in their course could fail eventually Dole was here with the Senator from lumbia, and Puerto Rico have primary to approach their ends. It is instead the Hawaii, and the two of them made such belt laws and we know these laws are power of the minority to reflect a propor- a spectacular image of everything that working. I am proud that in my home tional share of their view upon the legisla- is good about this country and how State of North Carolina—our home tive result that is at stake in this debate. good we feel. Every time I look at the State, Mr. President—which enacted a To those who wish to alter radically the balance of power between a majority in the Senator from Hawaii, I see a true seatbelt law in 1985, belt use rose to 86 Senate and a minority, I say, you sow the American hero. percent in 2004. wind, for minorities change and the time will Mr. INOUYE. Mr. President, I thank Let me review a little history. It was surely come when you will feel the hot the Senator from Oklahoma very in July 1984, during my first full year breath of a righteous majority at the back of much. as Secretary of Transportation under your own neck. Only then perhaps you will Mr. INHOFE. Mr. President, I suggest President Reagan, that we issued rule realize what you have destroyed. the absence of a quorum. 208, resulting in the installation of air- As Alexis de Tocqueville said about Amer- The PRESIDING OFFICER (Mr. bags in passenger vehicles and the en- ica in 1835: ‘‘A democracy can obtain truth BURR). The clerk will call the roll. actment of safety belt laws across the only as the result of experience; and many nations may perish while they are awaiting The legislative clerk proceeded to country. Rule 208 was designed to save the consequences of their errors.’’ call the roll. as many lives as possible as quickly as The fight to destroy the power of the mi- Mr. JEFFORDS. Mr. President, I ask possible. It successfully resolved a 17- nority is made here, strangely enough, in the unanimous consent that the order for year dispute that spanned four admin- name of another minority. I share the desire the quorum call be rescinded. istrations. of those Senators who wish to help the re- The PRESIDING OFFICER. Without The rule recognized the role of the pressed people of our Nation, and in time, objection, it is so ordered. States in automotive safety. Not a sin- God willing, we shall effectively accomplish The Senator from Vermont. gle State at the time had passed a safe- this task. But I say to these Senators, we (The remarks of Mr. JEFFORDS per- cannot achieve these ends by destroying the ty belt law. Usage was at only 13 per- very principle of minority protection that taining to the introduction of S. 1011 cent, and airbags were virtually non- remains here in the Senate. are located in today’s RECORD under existent. In fact, I remember having to For as de Tocqueville also commented: ‘‘If ‘‘Statements on Introduced bills and search high and low to find an airbag- ever the free institutions of America are de- Joint Resolutions.’’) equipped car so I could put it on the stroyed, that event may be attributed to the Mr. INHOFE. Mr. President, I renew White House lawn for President Reagan omnipotence of the majority.’’ our plea for Members to bring their and the Cabinet to go out and examine. I thank the Chair. amendments down. We are making There was very little consumer ac- Mr. REID. Mr. President, will the progress in terms of shortening the ceptance at the time. Many folks Senator yield for a question? list. I would like to announce on our feared when they crossed the railroad Mr. INOUYE. I will be happy to yield. side we have hotlined it twice and we tracks that the airbag would go off. Mr. REID. That speech was given 41 are down to 11 amendments by 9 dif- Today, motorists regard automotive or 42 years ago? ferent authors, different Senators. I en- safety quite differently. Most of us get Mr. INOUYE. Forty-two years ago. courage those nine to come to the floor in a car and we barely notice that the Mr. REID. I say to my distinguished while we have ample time. It is my un- vehicle has an airbag. And most of us friend, we have heard a lot of speeches derstanding that after a couple of hot- innately fasten our safety belts. in the last several months on this sub- lines on the other side of the aisle, Statistics prove we have made great ject, but I have to say candidly that they only have about six amendments. progress increasing safety belt usage this is the best speech we have heard. That being the case, we could actually and saving lives on our Nation’s roads This is outstanding, especially coming move the bill, if we can get these peo- since those first State safety belt laws on the footsteps of the great Senator ple down and get them to offer their were enacted. ROBERT BYRD who made a statement amendments. Now, over 20 years later, we need to about the right to free speech. Mr. JEFFORDS. That is correct. We urge more States to take their laws to As I look back at a very young Sen- have only six we know of. the next level by enacting primary ator from a very small State taking on Mr. INHOFE. We have made progress, safety belt laws. The National Highway people who had been here a long time, anyway, looking at who is serious Traffic Safety Administration esti- going against a majority of his party, about their amendments. I hope any mates if all States enacted primary in a sense, certainly a lot, as a young staff or Members watching now would safety belt laws, more than 1,200 deaths Senator, shows why 20 years prior to be encouraged to bring their amend- and 17,000 injuries would be prevented giving this speech he was a hero on the ments down. annually. battlefield for America and why he has I yield the floor to the senior Senator I take this opportunity to thank the been a hero on the battlefields of the from North Carolina. folks at NHTSA, and especially Admin- Senate for all these many years. The PRESIDING OFFICER. The Sen- istrator Dr. Jeffrey Runge, for their Mr. INOUYE. Mr. President, I thank ator from North Carolina. continued hard work and leadership to the Senator. Mrs. DOLE. Mr. President, America increase safety belt usage throughout Mr. JEFFORDS. Mr. President, will has come a long way since the first our country. According to NHTSA esti- the Senator yield? State safety belt laws were passed two mates, in this year alone, 15,000 lives Mr. INOUYE. Yes. decades ago. I am speaking today not will be saved—15,000—by wearing safety Mr. JEFFORDS. I echo the com- just as a proponent of reauthorizing belts. The economic costs associated ments of my good friend. The Senator the highway bill, but also to express with belt usage are significant as well. from Hawaii has given us an oppor- my strong support for provisions in NHTSA estimates safety belt usage

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.053 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5043 saves America $50 billion in medical ufacturers, and the National Automobile While certainly we would like to in- care, lost productivity, and other in- Dealers Association all support this provi- clude more funding for highway and jury-related costs. By contrast, fatali- sion. They support it because it will save transit projects, I commend my col- ties and injuries resulting from not more lives, and do it faster and cheaper than leagues for doing an excellent job in any other proposal the Senate will consider wearing a safety belt generate $26 bil- this Congress, and perhaps this decade. If all stretching the funding that is available lion in economic costs annually. These States adopted a primary enforcement safety as far as it can go. costs include higher taxes and higher belt law, 1,275 deaths and 17,000 serious inju- The language Senators GRASSLEY and health care and insurance costs. ries would be prevented every year. No other BAUCUS have drafted adding additional The fact is safety belts reduce the proposal in SAFETEA will do more to im- funding helps. I am a strong supporter risk of death in a severe crash by 50 prove safety than this bipartisan proposal. of their efforts. We need the funding percent. We must urge folks to use While deaths per vehicle mile traveled are that the managers’ package provides to their safety belts. Increased usage at an all-time low, the carnage on our high- improve the rate of return for donor ways is still too high. In 2003, 42,463 people rates and primary belt laws have a died and 2.9 million were injured due to States, such as my home State of Ohio, proven track record of doing just that. motor vehicle crashes. The cost to our econ- to get those levels up as high as pos- With this legislation, States that omy was over $230 billion. sible. chose to adopt primary safety belt laws With the number of vehicle miles traveled Additionally, the managers’ package would receive a one-time grant equal increasing each year, if we as a Nation are contains the Commerce Committee to 500 percent of the highway safety going to reduce the fatalities on our streets title of the bill relating to safety pro- money they received in 2003. States and highways, safety belt use must also in- grams. This title is comprehensive and that already have primary safety belt crease. No vehicle mandate, no complex rule- making, no public education campaign will deserves the full support of the Senate. laws would receive 250 percent of the save as many lives as a meaningful incentive I will take a few minutes now to talk 2003 level in highway safety money. At to pass primary safety belt laws. Congress about the safety provisions I have the end of the bill’s reauthorization in has the power to grant the incentives and asked to be included in the bill. First, 2009, any leftover safety funds will be that power will save lives. I will say something about Senator distributed to States that have enacted I urge you to support the safety belt incen- LOTT’s provisions on the Primary Safe- primary belt laws. tive grants in S. 732 and reject any amend- ty Belt Incentive Grant Program. With this increased funding, States ments. Thank you for your consideration. I thank Senator LOTT. I congratulate Sincerely yours, can spend more on highway safety im- him for including this provision, a pro- JEFFREY W. RUNGE, M.D. provements and make our roads even vision that will clearly save lives. Sen- Mr. INHOFE. Mr. President, I suggest safer. NHTSA Administrator Runge ator LOTT came to the Senate floor the absence of a quorum. best described the importance of safety The PRESIDING OFFICER. The earlier and spoke about the importance belt usage in April of this year, when clerk will call the roll. of this provision. I must say what Sen- he told the Senate Commerce, Science The legislative clerk proceeded to ator LOTT said is absolutely correct. and Transportation Committee: call the roll. This provision must be kept in the Sen- Unlike a number of complex issues facing Mr. DEWINE. Mr. President, I ask ate bill. It must be kept through con- the Nation today, we have at least one high- unanimous consent that the order for ference. Efforts to modify or remove ly effective and simple remedy to combat the quorum call be rescinded. primary safety belt incentive grants highway deaths and fatalities. Wearing safe- The PRESIDING OFFICER. Without will undermine the national goal of ty belts is the single most effective step indi- reaching 90 percent safety belt usage. viduals can take to save their lives. Buckling objection, it is so ordered. up is not a complex vaccine, doesn’t have un- Mr. DEWINE. Mr. President, the Encouraging States to aim low when it wanted side effects, and doesn’t cost any SAFETEA bill in the Senate today is a comes to saving lives makes no sense. money. It is simple, it works, and it is life- good bill. I strongly support its pas- Such efforts to change this language in saving. sage. the bill must be opposed. I could not agree more. After two I thank Senator INHOFE, Senator JEF- Some States already have primary successful decades of State-imple- FORDS, Senator BOND, and Senator BAU- enforcement laws. Those laws are the mented belt laws, it is now time for CUS for their good leadership and their single cheapest and most effective this Nation to further improve safety good work, particularly on the Envi- means for saving lives on our Nation’s on our Nation’s roads. We have accom- ronment and Public Works title of this roads. Those States that have already plished many things to advance auto- bill. The roadway safety and funding enacted primary seatbelt laws have mobile and road safety over the last 20 provisions they have crafted are vitally seen lives saved. Other States, such as years, and now we must act on this op- important. my home State of Ohio, do not have portunity to do even more. Let me also thank Senators STEVENS, primary seatbelt laws. These States I ask unanimous consent that LOTT, INOUYE, and MCCAIN for their would benefit tremendously in terms of NHTSA Administrator Runge’s letter hard work on the Commerce Com- lives saved and financial bonuses under to me on this matter be printed in the mittee vehicle and behavioral safety Senator LOTT’s program. The incentive RECORD, and I yield the floor. title. program may be the only way to get There being no objection, the mate- Finally, let me thank Senator some States to adopt primary laws. rial was ordered to be printed in the ROCKEFELLER for his support as the In Ohio alone, it is estimated we RECORD, as follows: lead cosponsor of the safety provisions could save nearly 100 lives per year if U.S. DEPARTMENT OF TRANSPOR- I have authored that are part of this we added primary belt laws. If we TATION, NATIONAL HIGHWAY TRAF- bill. maintain this provision, countless lives FIC SAFETY ADMINISTRATION, Staff on both the Commerce Com- will, in fact, be saved. The highway ex- Washington, DC, May 11, 2005. mittee and the EPW Committee also perts, the people who study this issue, Hon. ELIZABETH DOLE, deserve praise and thanks for their who understand it, tell us this is the U.S. Senate, Washington, DC. hard work on this bill. In particular, I simplest, cheapest, easiest way to save DEAR SENATOR DOLE: I am writing to bring thank Ruth Van Mark, Chris Bertram, to your attention my strong support for the lives. It is the one thing we could do to safety belt State incentive grants contained David Strickland, and James O’Keeffe save lives in this country the easiest in S. 732, the Safe, Accountable, Flexible, and JC Sandberg for their willingness way. and Efficient Transportation Equity Act of to work with my office on portions of So I thank Senator LOTT and com- 2005 (SAFETEA). the bill I wanted included. These are mend his efforts and urge my col- The Bush Administration, along with the portions of the bill I will describe in a leagues, if there is an amendment of- National SAFE KIDS Campaign, Mothers minute that have to do with highway fered to take this provision out, that Against Drunk Driving, the Automotive Coa- safety, provisions that I believe truly they oppose that amendment. lition for Traffic Safety, the National Safety Let me say a few things about the Council, the American Insurance Associa- will save lives. I thank them for their tion, Advocates for Highway and Auto Safe- very good and diligent work. provisions in the bill that I have been ty, the Automotive Occupant Restraints I also thank Kevin King of my staff working on and I have asked to have Council, the American College of Emergency for his hard work on these safety provi- included and that have, in fact, been Physicians, the Alliance of Automobile Man- sions in the bill. included. First, Senator ROCKEFELLER

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.055 S12PT1 S5044 CONGRESSIONAL RECORD — SENATE May 12, 2005 is the lead cosponsor on our provision a child which leads to injury or death public. It is pretty simple. Most States that we call Stars on Cars. While the when the vehicle is not on the road or are already doing it; they just have to name is kind of cute, its focus is quite there is no actual crash which has oc- disclose it. This is another common- serious. curred. Instead, these are accidents sense provision that truly is going to Today, when you go to buy a new car, that happen inside parked cars, in save lives. I am pleased it has been in- we all know there is a large label on driveways, or other common, poten- corporated into this highway bill. that car, a large label on the window tially deadly situations. The fourth issue covered by language telling the price, the features, and We provide two different things in in the bill that I included, along with other information about the vehicle. this title. The title includes two very Senator ROCKEFELLER, has to do with Most of the content on the sticker is different sections relating to the Safe driver education and licensing. Teen actually mandated by the Federal Gov- Kids and Cars initiative. The first one driving is an area where the fatality ernment. The sticker has to tell you directs NHTSA, for the very first time, rates are very high. Unfortunately, whether the vehicle has a stereo, the to perform regular collection of data current programs are many times not car’s mileage, how many miles per gal- on nontraffic, noncrash injuries and getting the job done. Higher crash and lon, and so on. But one piece of vital deaths. We need that information. We fatality rates for teenage drivers can information, amazingly, is not there, need that as a matter of public policy. be reduced if we work at it. The Fed- and that is the safety ratings. How safe If we are going to prevent them, we eral Government can’t run driver edu- is that car? That piece of information have to understand them. We are not cation. It is a State responsibility to is not on the sticker. collecting the data today. We do not set standards. But the Federal Govern- Citizens have a right to know this in- fully understand it. ment can play a small yet significant formation, and our provision would Further, we have another section role and a productive role. Revitalized provide, for the first time, that infor- that deals with the so-called back-over driver education needs to be data driv- mation would be available right on deaths and requires NHTSA to inves- en. We can help teenage drivers avoid that car, right in the showroom when tigate this issue and the technologies high-risk situations, particularly in you walk in to buy the car. Taxpayers that might help prevent such accidents the first 6 months behind the wheel. In- have already paid to have the National in the future. These back-over deaths tegration of driver education with Highway Traffic Safety Administra- occur in driveways, people’s homes. graduated licensing must also be ad- tion, NHTSA, test cars for this infor- Quite often, every year, a child is dressed. mation. We have already paid for the backed over and killed. They are be- The language we have included in the information. In fact, NHTSA has put coming more frequent, as people have bill creates a driver education and li- this information up on the Internet. It vans where you cannot see out of the censing research program within is available on the Internet now. But, back of the van very well. NHTSA. This program will go out and nonetheless, this information is not We need to better understand the test what works and what doesn’t and available to the American consumer in cause of these accidents. We need to come up with a ‘‘best practices’’ model the one place where it would be most have better information. NHTSA needs that States can implement. The time helpful, the one place where it would to investigate this issue and needs to has come to take serious action on truly make a difference: where you buy look at the technologies that might driver education and licensing. This the car, on the face of the car when you help prevent such accidents. program is a solid first step. We need buy it at the dealership. Another provision we have included to have scientific data, and the Federal Our provision would add a new sec- in this bill we call dangerous roads and Government is in a good position to tion to the label that would clearly lay intersections. Senator ROCKEFELLER come up with this data to assist States out information from each of the crash and I have worked on this provision. as they develop good criteria. tests. You would have the information Every State in the Union, of course, Finally, I have worked with Senator about frontal crash impact, side im- has dangerous roads, dangerous inter- LAUTENBERG to include a provision in pact, and rollover resistance. It would sections. Most States, fortunately, the highway bill to reduce the number show the test results as star ratings on rank these. Most States come up with of drinking and driving deaths and in- the label, just like many automakers a list of what are the dangerous roads, juries each year. Statistics are stag- already do in their commercials. This the most dangerous places in the State. gering. In 2003, 17,013 Americans died in is a commonsense provision, and it is They keep a list of them. But, amaz- what we believe were alcohol-related one that will allow consumers the op- ingly, there are many States that keep incidents. NHTSA projects this number portunity to make more informed deci- this information secret and never tell dropped to 16,654 in 2004, a 2.1-percent sions for themselves and their families. the public. reduction. While this is good news, it We have found over the last few years Citizens have a right to know this in- certainly is still too high. We do want that consumers are much more con- formation. What would you do with the to see the trend continue. To help ac- scious about the safety of the cars they information? Well, if you are a parent, complish that, the language we have buy, wanting to put their families in you might tell your child to avoid a supported requires NHTSA to work safe cars. This is a proconsumer, certain road: Don’t go that way to the with the States to conduct combined prosafety provision that makes good movie. Don’t go that way to the res- media-law enforcement campaigns common sense. I congratulate the com- taurant. Don’t go that way on a date. aimed at reducing drunk driving fatali- mittee for including it in this bill. Go a different way. You have a right to ties. Another provision in this package know that information. Or if the public Specifically, the law enforcement that Senator ROCKEFELLER has cospon- knew about a road that was statis- portion of this bill consists of sobriety sored with me is what we call the Safe tically very dangerous or the State checkpoints in the 39 States that allow Kids and Cars Act. Now, according to knew that it was dangerous, maybe the them. In the States that don’t allow NHTSA, automobile crashes are the public would demand that road be them, it provides for saturation pa- leading cause of death for those ages 4 fixed. That is the type of vital informa- trols. The Centers for Disease Control to 34. More than cancer, more than tion the public has every right to estimates the sobriety checkpoints fire, more than anything else, auto ac- know. may reduce alcohol-related crashes by cidents are the source of child fatali- Our provision requires that safety in- as much as 20 percent. That is a signifi- ties. We all know that. formation be disclosed to the public as cant amount. We should do all we can The focus of the child safety initia- an eligibility requirement for a new to help States reduce drinking and tive we have incorporated in this bill is Federal safety funding program, the driving. This provision will do that. on an emerging danger for small chil- Highway Safety Improvement Pro- In conclusion, the fact is that auto dren that is often overlooked. It is re- gram. States seeking additional Fed- fatalities represent the No. 1 killer in ferred to as ‘‘nontraffic, noncrash’’ ac- eral dollars for safety construction this country of those between the ages cidents. What are those? Well, these projects will have to identify their dan- of 4 and 34. In 2004, NHTSA projects are incidents in which there is an ger spots, rank them according to se- that almost 43,000 people were killed on interaction between an automobile and verity, and then disclose them to the our Nation’s roads. In 2003, the number

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.057 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5045 was 42,643. In fact, in the next 12 min- know now that we have an extension an intermodal bill because it is all utes, at least one person will be killed for 6 months, we can spend X dollars types of transportation and the in an automobile accident, while near- for 6 months. You can’t do it that way, chokepoints in between. A lot of our ly 6 people will be injured in the next and everyone knows that. You have to problems are because of the 60 seconds. This is a tragedy we as a so- plan way in advance because you have chokepoints. ciety are much too willing to tolerate. to get the labor pool together, get the Last, we have firewall protection in It is so common we kind of shrug it off contractors together, you have to get this bill. The firewall protection pro- and put up with it. These auto fatali- the bids out. In this bill, we do have a vides if you pay money into the trust ties occur every day, every hour. And provision that would have some fund when you are getting 1 gallon of yet somehow we all have become im- projects that are ready to go, so the gas, that money is ensured to go to- mune to it. This year’s highway bill second this is signed into law we are ward building new roads. There are takes some positive steps toward re- going to start construction. many in this body who do not think ducing those deaths. People will use this and say this is, that is necessary. Many think we can I thank the sponsors for working in fact, a jobs bill—and it is. It is prob- go ahead and fund any kind of pro- with me on these safety measures that ably the biggest jobs bill we have had grams not relating to transportation truly will save lives. I commend them at one time since the WPA. For every out of the trust fund, and they have for their efforts and for including these $1 billion of road construction, that been doing it. provisions in the bill. I urge my col- translates into 47,500 jobs, new jobs, In fact, one of the Senators the other leagues, once this bill goes to con- good-paying jobs. Without this bill, of day was saying how offended he was ference, to continue to include these course, that is not going to happen. that we are taking some of the fix that provisions in conference. We have a lot of people who are con- is there that is not in use; in other I yield the floor and suggest the ab- cerned, as I am, about donor State sta- words, there is about a 5-cent credit sence of a quorum. tus. I can remember when we only had that goes in and comes out of the high- The PRESIDING OFFICER. The written into the law that each State way trust fund. That has nothing to do clerk will call the roll. would get back 75 percent of what they with transportation. If you are going The legislative clerk proceeded to actually collected in their State. Slow- to establish a policy, pay for the policy call the roll. ly, over the years, I have watched it but do not pay for it out of the high- Mr. INHOFE. Mr. President, I ask get increased. It has gotten up to the way trust fund. unanimous consent the order for the point where it is today, and this was I have often said this is a moral quorum call be rescinded. passed 7 years ago. This was 90.5 per- issue. There may be loopholes that The PRESIDING OFFICER (Mr. cent; that is to say, every donor State allow politics to steal money out of the CHAFEE). Without objection, it is so or- will get back at least 90.5 percent of trust fund, but it is still a moral issue. dered. what they pay in. This bill has the firewall protection Mr. INHOFE. Mr. President, I was The bill we had last year was en- to make sure, for the first time, people able to listen to the Senator from Ohio, hanced up to $318 billion. That would cannot raid the highway trust fund. All Mr. DEWINE. He has always led this provide every State got back a min- these things are in the bill. If we do not body in the concern for safety. He imum of 95 percent. As it is now, with pass the bill, we will have an extension, points out the critical need to finish the smaller number, even with the en- and none of these things are in the bill. this bill. Hopefully, today we will fin- hanced number from yesterday’s This is necessary to get this done, to ish this bill because we have the long- amendment, that brought it up by $11 pass this legislation, and not just go est, most comprehensive safety core billion to $295 billion. That still only for another extension. section, title, in this bill that has ever brings the donor status to 92 percent. AMENDMENTS NOS. 569, AS MODIFIED, AND 602, AS been offered in any reauthorization But that is better than 90.5 percent, MODIFIED, EN BLOC since Eisenhower. That is why we say, where we are today. Mr. President, I ask unanimous con- as I think Senator DEWINE was point- If we have an extension, it will be 90.5 sent the Chambliss amendment num- ing out, lives can be saved or lives can percent. There will not be any change. bered 569 and the Cornyn amendment be lost, depending on whether we pass The streamlining provisions of this numbered 662 be modified with changes this bill. bill will allow us to actually pave, con- at the desk and agreed to, that the mo- We will not have the safety core pro- struct a fairly decent percentage more tions to reconsider be laid upon the grams if we merely have an extension. highways and bridges than we would table en bloc. Right now we are on our sixth exten- otherwise be able to do. Without this, The PRESIDING OFFICER. Without sion. An extension is nothing but a de- and if we have an extension, we will objection, it is so ordered. feat, an admission that we are not able not have this, and none of the environ- The amendments as modified en bloc to get a bill through so let’s have what mental streamlining provisions will be are as follows: we had before. That’s actually an ex- there. AMENDMENT NO. 569, AS MODIFIED tension of what we passed 7 years ago. There are two different sections of On page 217 after the matter preceding line It doesn’t have any of these things in the bill that relate to the financing. We 1, insert the following: it. If we have an extension, none of the have not changed our method of financ- SEC. . 14TH AMENDMENT HIGHWAY AND 3RD IN- safety core programs Senator DEWINE ing roads in 50 years. Since the Eisen- FANTRY DIVISION HIGHWAY. was talking about would be included. hower administration it has been the Not later than December 31, 2005, any funds I can tell you—and I think everyone same. We know there are better ways made available to commission studies and knows—statistically, it is an absolute of doing it where you can have partner- reports regarding construction of a route that people will die; not just adults ship types of arrangements, something linking Augusta, Georgia, Macon, Georgia, driving, but one of the things in this that would be very good for our sys- Columbus, Georgia, Montgomery, Alabama, bill is the Safe Routes to School provi- tem. Without a new bill, that is not and Natchez, Mississippi and a route linking sion which would save young lives— Savannah, Georgia, Augusta, Georgia, and going to happen. Knoxville, Tennessee, shall be provided to kids going to school. So it is a life-or- A lot of the States are on the border. the Secretary to— death matter that we pass this bill and We have a border program, a recogni- (1) carry out a study and submit to the ap- pass it very soon. tion that since NAFTA we have a lot of propriate committees of Congress a report When I say ‘‘very soon,’’ we ought to traffic through no fault of the States. that describes the steps and estimated fund- pass it today because the extension, You have to improve the NAFTA cor- ing necessary to construct a route for the this sixth extension I refer to, is going ridors we are talking about in this bill. 14th Amendment Highway, from Augusta, to expire on May 31. If that happens, Without this bill, we will not have Georgia, to Natchez, Mississippi (formerly that means we will be forced to do an- designated the Fall Line Freeway in the that. State of Georgia); and other extension. What happens when The chokepoints are not currently (2) carry out a study and submit to the ap- you do extensions? Back in the States, corrected. That is why we call this an propriate committees of Congress a report they do not have any certainty in plan- intermodal bill. It is not a highway that describes the steps and estimated fund- ning. It is not as if you can say: We bill, not just a transportation bill, it is ing necessary to designate and construct a

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.059 S12PT1 S5046 CONGRESSIONAL RECORD — SENATE May 12, 2005 route for the 3rd Infantry Division Highway, how much money is distributed to the highways, millions of people safely extending from Savannah, Georgia, to Knox- States. move great distances, at great speeds, ville, Tennessee (Formerly the Savannah The number of interstate lane miles in no small part because drivers re- River Parkway in the State of Georgia), fol- is a consideration. The weighted non- spect other drivers and abide by the lowing a route generally defined through Sylvania, Waynesville, Augusta, Lincolnton, attainment and maintenance area pop- rules that oblige them to stay within Elberton, Hartwell, Toccoa, and Young Har- ulation is considered. The nonhighway the white and yellow lines painted on ris, Georgia, and Maryville, Tennessee. recreation is a consideration. Regard- concrete and asphalt. AMENDMENT NO. 662, AS MODIFIED ing low-income States, mine is below When you stop to think about it, it is Strike section 1802(c). the average in the State of Oklahoma. incredible. Here are thousands of Mr. INHOFE. I have left instructions Low-population States—Senator BAU- pounds in one car and another car hur- if Senators arrive, interrupt us. We CUS has been very helpful in this bill. tling toward each other, at high speeds, want to consider amendments. I am He is from Montana. Montana has less yet they do not hit each other. They hoping I did not chase away anyone than a million people, but they have to miss because the drivers know they who is offering an amendment. We have have roads to connect all the interstate must stay, in America, on the right about 10 amendments on the Repub- roads. Consequently, they will be in a side of the road, in their lane, which lican side and about 10 amendments on position where it has to be a consider- prevents a catastrophe. It is amazing the Democrat side. That is much better ation that a low-population or low-den- when you stop to think about it. than yesterday with 173 amendments sity population State is going to be When drivers come to an intersection out there. We have made progress. able to be treated fairly. with a red and white stop sign, what We agreed to two of these. If we can There are about 20 different consider- happens? Drivers stop. Those of us on a get the Members who are serious about ations, but the bottom line is, you are cross street depend on drivers stopping. their amendments to bring them down, never going to come up with a formula The other cars at a stop sign on other this is the time to do it. I anticipate, where everyone says this is perfect, streets of the intersection also depend as is normally the case, at the last this is just what we want, my State is on that. minute Members will come down and being treated fairly. There are many When folks come to a red light, they say: I have to have time to present my things in the formula I do not like as stop. They wait for a green light. They amendment, and it will be too late. chairman of the Environment and Pub- let the cars come through from the Now it is not too late. There is time to lic Works Committee, this Senator other direction. Few things create consider any amendment that is a ger- from Oklahoma. Nonetheless, I know more danger in traffic than running a mane amendment that is on the list. everyone cannot be satisfied. red light. What we have done is very difficult. We have a good bill before the Sen- Mr. President, the Senate works We have worked on this bill for 3 years. ate. Members should realize how sig- much the same way. The Senate gets We had this bill passed out of this nificant it is that we pass this bill and things done because day in and day out Chamber and to conference a year ago not just go to another extension. Senators choose to abide by the Sen- this month. In conference, they Let me renew my request, as we will ate’s rules. The Senate has rules. We dropped the ball, and we were unable to be doing every 15 minutes, for Members abide by them, and that enables us to get it through. to bring their amendments. I know get things done. This time, the conferees have learned Members are out there and hiding. We Every year, the Senate confirms hun- we will be able to get it back to the will find you. We are open for business. dreds of nominations, addresses hun- House and back to the Senate, get it We want you to come down and offer dreds of amendments, and enacts hun- passed in both Houses, and have it your amendment. We will have plenty dreds of laws because Senators respect signed by the President in time for the of time to do it. other Senators and abide by the rules current extension that expires May 31. Mr. President, I suggest the absence of the road. That is ambitious, but it can be done. of a quorum. In the 108th Congress alone, the Sen- We try to figure this out day by day The PRESIDING OFFICER. The ate confirmed nearly 1,800 nomina- and what can be done each day. I be- clerk will call the roll. tions, agreed or disagreed to nearly lieve that will happen. The bill clerk proceeded to call the 1,800 amendments, and enacted nearly The reason this bill is better than roll. 500 laws. Yet in the 108th Congress, the most bills is historically we have not Mr. BAUCUS. Mr. President, I ask Senate conducted just 675 rollcall gone with formulas; we have gone with unanimous consent that the order for votes. political projects. Some people call the quorum call be rescinded. So what does that mean? That means them pork. I don’t call building a road The PRESIDING OFFICER. Without in the 108th Congress alone, the Senate pork. objection, it is so ordered. made more than 4,000 decisions with What we could have done—we need to Mr. BAUCUS. Mr. President, I cannot fewer than 700 rollcall votes. In the have 60 Senators to agree to this—we commend the chairman of the Environ- 108th Congress, the Senate made more could have gone to 60 Senators and ment and Public Works Committee than 3,300 decisions by voice vote or by said, all right, we have a pot of money, enough. He has worked extremely hard unanimous consent. and we will take care of your problem on this legislation. He is exactly right, These numbers demonstrate what in Louisiana, your problem in Okla- if we are going to finish this bill, it is most Senators know in their bones: homa, your problem in Arkansas, and incumbent upon Senators to bring Five times out of six the Senate gets get up to 60 Members, 30 States, and we their amendments to the floor. It is the things done not by confrontation but will pass the bill and forget about the only way we are going to finish this by Senators abiding by the rules of the other Members. That is not fair. His- bill. road and cooperating with other Sen- torically, that has been done. As Mr. INHOFE, the Senator from ators. We tried to take every conceivable Oklahoma, is imploring Senators to That is why it is so troubling that thing into consideration. The Presiding come down, I very much hope they some in this Senate now threaten to Officer represents a small northern heed his words. I thank him for those try to change the Senate rules by State. We have provisions for the cold- words because it is so important to get breaking the rules. They plan to dis- er States, provisions for States out this legislation done now. It is Thurs- regard the rules and disregard the West, many of which, like my State of day afternoon, and it seems to me precedents. They want to run the red Oklahoma, are donor States. These are there is a lot of time to get most of light. factors in the bill, in the formulas. this bill done today. The Constitution gives the Senate The formula for allocation also has RULES OF THE ROAD ON JUDICIAL NOMINATIONS the power to set its own rules. Article such things in it as per capita fatality. Mr. President, this Nation’s fast I, section 5, of the Constitution says: My State of Oklahoma has a high fatal- transportation system works. Why Each House may determine the Rules of its ity rate. What does that tell you? It does it work? Because every day mil- Proceedings. . . . tells you we have a problem with lions of individuals choose to abide by The Senate has determined its rules bridges and roads. That is a factor in the rules of the road. On our Nation’s through adopting the standing rules of

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.014 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5047 the Senate. The Senate has readopted the Vice President make a ruling that faithfully reflects the Framer’s design and or made general revisions of its rules bypassed the Senate rules for how long ambition for the body. It is a whole that re- only seven times since 1789. The most Senators could debate. They would mains true to the Senate’s two paramount recent general revision was in 1979. have the Vice President make a ruling values: unlimited debate and minority rights. The standing rules of the Senate con- that broke the Senate’s rules. tinue from Congress to Congress. As Now, article I, section 3, of the Con- ‘‘[U]nlimited debate and minority Senate rule V says: stitution provides: rights.’’ The rules of the Senate shall continue The Vice President of the United States ‘‘[U]nlimited debate’’ allows Senators from one Congress to the next Congress un- shall be President of the Senate. . . . to protect ‘‘minority rights.’’ The Sen- less they are changed as provided in these But that does not mean that the Vice ate’s rules thus help to protect per- rules. President can make up the Senate’s sonal rights and liberties. The Senate’s Rule V: ‘‘The rules of the Senate rules anew every day. The Vice Presi- rules help to ensure that no one party shall continue from one Congress to dent, just like any Senator, must abide has absolute power. The Senate’s rules the next Congress unless they are by article I, section 5, of the Constitu- help to give effect to the Framers’ con- changed as provided in these rules.’’ tion, when it says: ception of checks and balances. Now, Senators have the right to de- Each House may determine the Rules of its Even law school dean and former bate changes to the rules. Standing Proceedings. . . . judge and special prosecutor Kenneth rule VIII spells out that, even under And when the Vice President acts as Starr told CBS News that changing un- circumstances where Senators may not President of the Senate, the Vice Presi- limited debate might damage the Sen- normally debate: dent, just like any Senator, must abide ate. He said: motions to proceed to the consideration of by the standing rules of the Senate. To It may prove to have the kind of long-term any motion, resolution, or proposal to do otherwise, would be an abuse of boomerang effect, damage on the institution change any of the Standing Rules of the Sen- power. of the Senate that thoughtful Senators may ate shall be debatable. Mr. President, I urge my colleagues come to regret. Standing rule XXII provides the pro- to resist those who would break the The Senate’s right of unlimited de- cedure for bringing debate to a close rules to change the rules. bate is particularly important in the on: Sir Thomas More, the British states- context of nominations for the lifetime any measure, motion, [or] other matter man and Lord Chancellor, resisted jobs of Federal judges. The Senate’s in- pending before the Senate. King Henry VIII when More felt that volvement in the confirmation of Senate rule XXII provides that ‘‘any Henry had broken the law. In Robert judges has helped to ensure that nomi- . . . matter’’ includes nominations. Bolt’s great play about More called ‘‘A nees have had the support of a broad That is how it is that Senators can de- Man for All Seasons,’’ More speaks political consensus. The Senate’s in- bate at length any nomination that about the importance of abiding by the volvement has helped to ensure that comes before the Senate, unless 60 Sen- law. the President could not appoint ex- ators vote to bring that debate to a The character William Roper asks treme nominees. The Senate’s involve- close. More: ment has helped to ensure that judges And ‘‘any measure . . . [or] matter’’ So now you’d give the Devil benefit have been freer of partisanship and within the meaning of rule XXII on de- of law? more independent. bate also includes a proposal to change More counters: The Framers wanted the courts to be Yes. What would you do? Cut a great the standing rules of the Senate be- an independent branch of government, road through the law to get after the cause rule XXII of the Senate’s stand- helping to create the Constitution’s in- Devil? ing rules spells out the procedure for tricate forest of checks and balances. Roper replies: The Senate’s involvement in the con- changing the standing rules. When it I’d cut down every law in England to addresses bringing debate to a close firmation of judges has helped to en- do that! sure that the judiciary can be that through cloture, rule XXII says: More responds: [O]n a measure or motion to amend the Oh? And when the last law was down, more independent branch. And that Senate rules . . . the necessary affirmative and the Devil turned round on you independence of the judiciary, in turn, vote shall be two-thirds of the Senators where would you hide . . . , the laws all has helped to ensure the protection of present and voting. being flat? This country’s planted personal rights and liberties from the That is rule XXII. That is in the Sen- thick with laws from coast to coast winds of temporary majorities. ate rules, which continue over from . . . and if you cut them down—and It is easy to push down the accel- Senate to Senate. you’re just the man to do it—d’you erator and cross that white line of The Senate’s rules, thus, provide a really think you could stand upright in paint, running across the concrete or procedure for changing the rules. That the winds that would blow then? Yes, asphalt. It is easy to push down the ac- procedure involves the regular legisla- I’d give the Devil benefit of law, for my celerator to run through that stop sign. tive process. That procedure involves own safety’s sake. It is easy to push down the accelerator fair and potentially extended debate. The Senate’s rules protect us all. and run through that red light. And that procedure requires, if it They protect the ability of the Senate But once one has been hit by a car comes to extended debate, ‘‘the . . . af- to get things done through working to- running a red light, can one ever look firmative vote . . . [of] two-thirds of gether, not through majorities that cut at an intersection the same way? the Senators present and voting.’’ down all the opposition. The Senate works because, day in That is the way Senators can change For two centuries, the Senate’s rules and day out, Senators choose to re- the rules, if they choose to respect have protected the rights of the minor- spect other Senators and abide by the other Senators, if they choose to abide ity party, for Democrats and Repub- Senate’s rules of the road. If and when by the rules of the road, if they choose licans alike. After two centuries, it the Vice President and Senators start not to run that red light. would be a mistake to cut down those breaking those rules to change the But what some are talking about is rules. rules, the Senate will never be the very different. What some are talking At the center of that forest of Senate same. Once they run that red light, the about is using brute force to change rules are two mighty oaks. But don’t rule of the road can never be the same. the rules. What some are talking about take my word for it. Let me quote the I urge my colleagues to slow down, is running the red light. Senate majority leader. take their foot off the accelerator, and Here is what they would do. They In a forward that the senior Senator stop, before it’s too late. would use the raw power of the Vice from Tennessee, the majority leader, I yield the floor and suggest the ab- President to sit in the chair of the Pre- wrote to a book published last year en- sence of a quorum. siding Officer. They would have the titled ‘‘Senate Procedure and Prac- The PRESIDING OFFICER (Mr. Vice President make a ruling that by- tice,’’ the majority leader wrote: CORNYN). The clerk will call the roll. passed the Senate’s rules for amending [A]bove all, together the Senate’s rules and The legislative clerk proceeded to the Senate’s rules. They would have practices form a whole. It is a whole that call the roll.

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.080 S12PT1 S5048 CONGRESSIONAL RECORD — SENATE May 12, 2005 Mr. DEWINE. Mr. President, I ask Carl Greene, who was also a member things that struck him when he visited unanimous consent that the order for of K Company, remembers their visit Dachau 60 years ago—the idea that the quorum call be rescinded. to Dachau. He says some of the former there were townspeople right there who The PRESIDING OFFICER. Without prisoners in the camp still wearing would never admit the death camp was objection, it is so ordered. those unforgettable striped uniforms out there. He talked to people and they ISRAELI INDEPENDENCE actually served as their guides to show would not admit it. They said they Mr. DEWINE. Mr. President, one of them around the camp, showing them didn’t know anything about it. They the most gratifying aspects of serving the gas chambers and the crematorium didn’t know what was going on so in the U.S. Senate is the opportunity and the area in the camp where the close. They acted as though it didn’t to come to this Chamber and talk Nazis would shoot prisoners in the exist. about and celebrate the great events in back of their heads. Fortunately, the world came to re- American and world history. One such K Company member Al Eucare, Sr., veal what was happening. The world event occurred 57 years ago today, and who was 18 years old at the time, re- knew, and although the rebirth of that is the creation of the nation of members what he describes as one-man Israel came upon the heels of the mod- Israel, the only democracy in the Mid- pillboxes that stood outside the gates ern tragedy of the Nazi death camps, it dle East and the eternal homeland for of Dachau. These were cylindrical pipes is important to remember that the all Jews around the world. Israel, our that stood upright, just big enough for Jewish people have struggled to regain enduring friend and everlasting ally, a man to fit inside. They were some- their homeland ever since biblical was reborn from its biblical birthright thing of a sentry post. Each of these times. The year 1948 marked the cul- on this day in 1948. concrete tubes contained an open slat mination of those efforts. After 6 mil- Two years ago on the 58th anniver- at the top and the bottom, where guns lion Jews were murdered in World War sary of the end of World War II in Eu- were placed to shoot at prisoners if II, surviving Jews from across Europe rope and again this week on its 60th there was a disorder as the prisoners and Asia made the trek to the holy anniversary, I spoke about how Amer- went in and out of the gates. land. They sought their homeland and ican soldiers successfully fought both Like my dad, Al also remembers the peace. They obtained the former but the fascism in Europe that spread like ovens at Dachau. He said when he was not the latter. a cancer across that continent and there, even though it was after the One such man seeking a homeland Adolf Hitler’s efforts to eradicate the camp was liberated and the war had and peace was Mark Steinbuch, the Jewish race. ended, there were still ashes and skel- late father of one of my Judiciary Last week, we honored the souls of etal remains inside those horrible staffers, Robert Steinbuch. Born in Po- those murdered in the holocaust on ovens. land, Mark and his family lived under Yom Ha-shoa—the Day of Remem- Al also remembers seeing hooks— Nazi occupation, relocated to Siberia brance. And today we celebrate the re- something akin to meat hooks—that shortly after the start of World War II, sult of all of this history which is the Nazis would hook dead bodies on and then traveled for 2 weeks by cattle Israel’s independence. like cattle, to move them more easily. car to live in Soviet Kazakhstan. My father, Richard DeWine, when he He said they would put the bodies on Mark’s extended family faced some was serving in World War II in K Com- by hooking them right underneath the horrific challenges. Many were killed pany, which was part of the Army’s jaw. He had heard stories that some- by the Nazis. His cousins, the 103rd Infantry Division, went into one times live Jews were placed on the Hershenfis family, were forced into of the Nazi concentration camps—Da- hooks and left until they died. labor in the Pionki ghetto in Poland. chau—after it had been liberated. Al- General Dwight Eisenhower visited In 1941, the family was shipped off to though K company did not participate some of the death camps and reported Auschwitz. Hanna and her brother in the liberation of Dachau, the 411th back what he saw. In one of his reports, Harry were separated from each other Regiment of their 103rd Division did this is what the general described: and from their parents Fay and Har- liberate the camp at Landsburg, Ger- On April 12, 1945, I saw my first horror vey. Fay and Harvey never made it out many. camp. It was near the town of Gotha. I have of the death camp. Hanna, tattooed When my father was at Dachau, a never felt able to describe my emotional re- with the number A14699, was shipped to camp where over 28,000 Jews had per- actions when I first came face to face with an intermediate camp and then Bergen- ished, the prisoners had already left indisputable evidence of Nazi brutality and ruthless disregard of every shred of decency. Belsen. Harry—B416 to the Nazis— the camp. He has a vivid recollection, Up to that time, I had known about it only worked hard labor in Auschwitz for 4 though, of seeing the ovens that the generally or through secondary sources. I am years, and then, in 1944, was sent to an- Nazis used to burn the bodies of so certain, however, that I have never at any other camp called Mauthausen. many of the prisoners. other time experienced an equal sense of On May 3, 1945, the Nazis fled the He can still picture in his mind the shock. camp. That night, the skies opened and devices they used to slide the bodies I visited every nook and cranny of the sent down a rainfall as if the world into the ovens and the many urns that camp because I felt it my duty to be in a po- were being cleansed from the horrors it contained the prisoners’ ashes. He re- sition from then on to testify at firsthand had seen. The next morning, the Amer- members going into a room next to the about these things in case there ever grew up icans arrived and the 11th Armored Di- at home the belief or assumption that ‘‘the ovens and seeing fixtures on the walls stories of Nazi brutality were just propa- vision liberated the camp. Three days that looked like showerheads. Those at ganda.’’ Some members of the visiting party later, Harry turned 26. the camp told him the prisoners were were unable to go through the ordeal. After 5 weeks in an American hos- taken into these rooms and the pris- I not only did so, but as soon as I returned pital, Harry spent the next 3 years in a oners were told they were going to to Patton’s headquarters that evening, I sent displaced persons camp in Austria. In take showers, but instead of water communications to both Washington and 1949, Harry’s wishes were answered, and coming out of the nozzles, poisonous London, urging the two governments to send he set off for America. Four years gas was emitted, killing them. instantly to Germany a random group of later, when Hanna also came to the newspaper editors and representative groups My dad remembers walking down the from the national legislatures. I felt that the United States, the siblings were re- road near the camp and encountering a evidence should be immediately placed be- united for the first time since they very weak, emaciated man who had, a fore the American and British publics in a were shipped off to Auschwitz 13 years short time before that, been a prisoner. fashion that would leave no room for cynical prior. Harry is 86 now and Hanna is a My dad and his buddies talked to the doubt. few years younger. Both are alive and man and gave him food and cigarettes. That was Dwight David Eisenhower. well. Harry’s sense of humor is strong, They asked the man, who a short time To think about it now, it defies cre- and he plays down the difficulties he before had been a prisoner, if they dulity to consider that these atrocities faced. But we all know better. could take his picture. He said, yes, as were occurring and there were those Upon the defeat of the Nazis, Mark long as it is with an American soldier. who questioned their reality or those Steinbuch’s immediate family went to So they did. My dad still has that pic- who today even question their reality. Germany because, as Mark described ture today. My father said that was one of the it, ‘‘that is where the Americans were

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.083 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5049 and, if you wanted to live, you went to fined benefit plan, the kind of pension took the pension liability which it had the Americans.’’ From there, Mark plan that guarantees a retirement into the bankruptcy court and said: We joined the Zionist youth movement and amount to a worker who gives a life- have to walk away from it. The bank- set off for Israel. time of loyalty to his company or his ruptcy court agreed. And when United That, however, was no easy task. employer, is becoming an endangered Airlines turned over all of its pension Traveling across Europe, often on foot species. plans to the Pension Benefit Guaranty to a southern port, he, his brother, and The number of employees covered by Corporation, it basically said it would many others like them boarded an employer-paid defined benefit plans has save $645 million a year that it would overloaded freighter renamed the fallen from 30 million to 22 million in not have to put into the promised pay- ‘‘Theodore Hertzl,’’ after the founder of the last 20 years. By contrast, the num- ments to pension plans for its employ- the Zionist movement. Upon the ship’s ber of people in defined contribution ees. arrival in Israel, the British quickly plans, into which both worker and em- Judge Eugene Wedoff presided over arrested its passengers and sent them ployer pay with no guaranteed payout, that decision. To an overflow court- to a holding camp in Cypress. Months has grown to about 55 million from 19 room on Tuesday, he said this was un- later, Mark and the others were al- million. avoidable. To quote him exactly: This trend, along with the steep lowed to enter Israel. The least bad of the available choices here Upon the joyous declaration of inde- losses that people with defined con- has got to be the one that keeps an airline pendence, seven Arab nations invaded tribution plans, such as 401(k)s, have functioning, that keeps employees being Israel, and Mark quickly joined the experienced in the last few years, and paid. army. Underage and flatfooted, he President Bush’s plan to shift part of And that was the choice. From his fought for the independence of this new the Social Security guarantee into pri- point of view, to ask United to pay democracy. vate accounts, frankly, means that we what it promised to pay to its employ- Mark’s story is by no means unique. are going to put at risk retirement se- ees and to its retirees would mean that It not only represented the goals and curity in America, more than we have the airline may cease to exist. But to desires of the Jews of postwar Europe seen in modern times. walk away from those responsibilities Tuesday night, a bankruptcy court but the dreams of a nation of people for the employees and to say instead decided to allow United Airlines to dispersed from their homeland for mil- that the airline would survive cer- shift responsibility for its defined ben- lennia. tainly raises many troublesome ques- efit pension plan to the Federal pen- Mark’s dreams were realized a year tions. sion insurance system. United Airlines later when armistice was struck. Israel The way that the Pension Benefit moved all four of its pension plans into survived its first challenge. It, like the Guaranty Corporation is structured, it the Pension Benefit Guaranty Corpora- Jewish people after the Holocaust, was only guarantees that a part of pension tion with the promise that United Air- still alive. plans it took over from United and lines would pay that corporation $1.5 Since then, Israel’s existence has other companies based on a pretty billion. The willingness of PBGC to ac- been continuously challenged. Israel complicated formula would actually be cept this arrangement, unfortunately, defended itself from foreign aggression paid to the employees. So many em- rings the death knell for defined ben- during the Suez Canal crisis, the Six ployees, whether United Airlines em- efit pension plans in America. Day War, the War of Attrition, the United is the latest and the largest ployees or others whose plans are Yom Kippur War, the war in Lebanon, example of the fact that corporations taken over by this corporation, lose and periods of extreme terrorism. are no longer keeping their promises to part of their pensions. In this case, it is Israel survived it all. OPEC employees, and the Government insur- estimated that United employees will blackmailed the world by withholding ance system that was designed to pro- lose an average of 25 percent of their oil from the West because of their sup- tect employees in the case of such ca- pensions under this arrangement. port for Israel. Israel’s Olympic ath- tastrophe has become overused and un- Keep in mind what these employees letes were murdered by terrorists. And derfunded to a critical State. And this, have been through. They have been the United Nations equated Zionism coupled with the lack of personal sav- battered by record layoffs. They have with fascism. Israel survived it all and ings, with the dramatic increase in made voluntary pay and benefit reduc- much more. consumer debt of families across Amer- tions for years. They have increased Israel is a survivor, but it is also so ica, with the growing vulnerability of their hours. They have made a lot of much more. The people of Israel have families to medical bills, and with the personal sacrifices to reach this point. forested the desert, revived their lan- assault on guaranteeing benefits of So- And now, as it appears their airline guage, built cities, and established a cial Security by this administration, is was nearing the end of bankruptcy, vigorous and ever-growing community. leading this Nation to a point that comes this decision to walk away from We support Israel because it is a de- could not even have been imagined just the pension obligation. mocracy, because it shares our values a few years ago. United is the second largest airline. and ideals, because it has been willing There used to be a three-legged stool It operates more than 3,400 flights a to suffer attacks at our request, and that you could count on for your fu- day to more than 200 destinations. It is because simply it is our friend. We wel- ture. Everybody knew it. You went to based in my home State of Illinois. It come other nations to choose to be the work; every payroll you paid into So- has 60,000 employees and thousands of same, and for the many that have, we cial Security, which would be there retirees, all of whom will be affected by share the same relationship. when it came time to retire; you took this decision. America is a nation of justice, fair- some of your paycheck and you paid Let us take a look at each of the ness, and principles. So is Israel. And into your pension system, if the com- groups of employees at United and how on this day, we wish our friend a happy pany provided one, and then, if you they will be impacted. The United and joyous anniversary. could, put some money into savings. flight attendants pension plan covers Mr. President, I yield the floor. The idea is that all three would come 28,600 participants. Under this Govern- The PRESIDING OFFICER. The Sen- together to give you a sense of security ment takeover of the pension plan, the ator from Illinois. and comfort in your old age. most senior flight attendants will re- RETIREMENT SECURITY The Chicago bankruptcy court that ceive about $500 less a month than the Mr. DURBIN. Mr. President, I rise decided Tuesday night that United Air- $2,500 they were promised in pension this afternoon to speak to the Senate lines could walk away from its pension payments, about a 20-percent cut. This and those following this debate about a commitments unfortunately fore- is significant because most of them dramatic change that is taking place in shadows many changes to come, and have never earned more than $40,000 a America, even as we meet and discuss none of them positive, for working peo- year. Flight attendants who are less so many other important issues. One of ple and working families across Amer- senior and have less flying hours with the pillars of family security in Amer- ica. the company could lose up to half of ica is crumbling. Retirement security United Airlines, the second largest what they would receive with their in this country is in a crisis. The de- airline in America, is in bankruptcy. It promised pension plan. They have said

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.086 S12PT1 S5050 CONGRESSIONAL RECORD — SENATE May 12, 2005 they may strike on this. I hope it does However, the machinists union, which Delphi Corp., the No. 1 U.S. auto supplier, not come to that, not just because of represents some of these workers, says is struggling with declining sales at its top the fact that it is a corporation in my the ramp employees could lose up to 59 customer and former parent, General Motors Corp., plus big pension obligations and high- State but because I am a loyal cus- percent of their promised pensions, and er raw-materials cost. Delphi has an un- tomer of United. public contact representatives could funded pension liabili-ty of $4.3 billion and Sixteen Senators recently joined me lose up to 55 percent. These estimates $9.6 billion in retiree health-care liabili- in a letter to the Pension Benefit Guar- take into account the likelihood that ties. . . . anty Corporation asking for that agen- United will offer a 401(k)-type plan We are in the midst of debating the cy to explain why it agreed with once it emerges from bankruptcy. As asbestos bill. It is interesting on this United to turn over all four pension we know, there are no guarantees with asbestos bill the lineup of groups sup- plans since as recently as 2 weeks ago a 401(k) any more than there is a guar- porting it. That is another outstanding officials of the same agency told nego- antee that if one buys a mutual fund or liability for companies like General tiators they thought each plan should a stock today that it will be worth Motors. Many of us believe the trust be considered separately. The flight at- more tomorrow. It is a gamble. It is a fund in the asbestos bill is under- tendants were told at the time their risk. It can play an important part in funded. We believe many major cor- pension plan might have been saved, savings toward retirement, but it cer- porations with asbestos liability are but now, sadly, it has been lumped in tainly does not provide any guaranteed anxious to sign up for the trust fund with all the pension plans at United benefits such as those that existed for because they will be the benefactors and faces dramatic cuts. employees who worked at United for more than smaller and medium-sized Take a look at the ground employees, decades. It is a gamble that the Presi- corporations. So both General Motors the mechanics, the people who fix the dent is contemplating to bring to So- and the United Auto Workers have en- airplanes and maintain them and han- cial Security by privatizing Social Se- dorsed the asbestos bill. dle the bags. There are 36,100 of them curity: Let us move from guaranteed Certainly, they have to look forward at United, both active and retired. benefits in Social Security to the pos- and say asbestos liability will threaten They were promised benefits of $4 bil- sibility that one will do well in the the payment of health care benefits lion. Their plan has only $1.3 billion in stock market. and retirement benefits to the workers. assets. So based on this agreement Well, if a person’s pension is in trou- So here there is a situation where vic- with the Pension Benefit Guaranty ble now, and it may not survive the tims of asbestos exposure may receive Corporation, on average, they will lose bankruptcy court, and the future of So- limited compensation under the trust about 25 to 27 percent of their pension cial Security under the President’s fund plan that has been endorsed by benefits. Retired members were prom- plan puts one at that same risk when it companies that expose them to asbes- ised an average benefit of $1,400 a comes to investment, how can a person tos because those companies want to month, and they could lose on average be certain they will ever be able to re- limit their liability in the future be- 19 percent of that promise. tire? How did we reach this point? cause of such things as pension liabil- While United was back in court on Pension promises that in hindsight ities. Wednesday asking for further conces- may have been unrealistic were made. As we can see, this is a free-for-all sions from the unions on their con- The terrorism of 9/11 changed the mar- and the losers ultimately are going to tracts, the International Association of ket for airlines across America. High be either victims of asbestos exposure, in this instance that I used, or the Machinists and Aerospace Workers an- fuel costs, increased competition from workers themselves and we’ll see re- nounced that 94 percent of its United startup carriers all contributed to the tiree benefits disappearing. members had authorized a strike if losses that brought United into bank- ruptcy. The United Airlines deal is the larg- their contract to work was cancelled. est pension default in the history of The machinists may feel they have no Last year, I supported a measure known as the Pension Funding Equity the United States. Before it, Beth- choice. This, of course, would throw Act. We passed it hoping that we could lehem Steel’s $3.6 billion pension de- United’s financial future into more un- temporarily use an alternative calcula- fault in 2002 set the record. There is a certainty and jeopardy. tion to lower pension liability pay- pattern, and the pattern is that the The United pilots have a pension plan workers get hurt the most. that covers 14,100 people. The pilots ments and to make our way through this stormy situation. It did not work. I am offering legislation with Sen- reached a deal with United last year to ator KENNEDY and Congressman save much of their benefit, but it is un- Now United Airlines is not alone in this predicament. Delta Airlines’ pen- GEORGE MILLER of California that clear how that will be affected by this would attempt to make it more dif- new agreement with the Pension Ben- sion plans are underfunded by $5 bil- lion, and it has threatened to file Chap- ficult for corporations to offer superior efit Guaranty Corporation. Pilots have pension deals to their high-ranking di- ter 11. Northwest Airlines may be in generous pensions. They fly some of rectors and officers while the company trouble, too, according to equity re- the most demanding routes. They have is shifting its unfunded pension liabil- searchers at Bear Stearns. And we to be well trained and well skilled, and ities to the Government or treating should believe that a lot of other air- they, of course, are examined con- older workers unfairly during a conver- lines are looking with great interest at stantly to make certain they have the sion from a traditional defined benefit United Airlines and its current situa- skills to be pilots. They would nor- plan to a cash balance plan. mally expect to see anywhere from tion. Why in the name of fairness and jus- Some people at American Airlines $80,000 to $100,000 of pension benefits tice should the officers of a bankrupt have said they want to keep their pen- after a lifetime of service to the air- corporation be receiving superior pen- sion plans, but they are concerned line, but if this Government agency sion deals and bonuses while the people about the competitive advantage takes over, the maximum guarantee who faithfully worked for that com- United will now have because it does the Government offers is no more than pany for decades are being cut loose, not have to fund its own pensions. their jobs eliminated, or the promised $45,613 per person for those who retire After the airlines, retirement experts retirement benefits are not paid? If at age 65 in the year 2005. Keep in mind, say the auto industry may be the next there is any justice in this done, we pilots are forced to retire at age 60 to default on its defined benefit plans, should demand of these corporate offi- under rules governing pilots in Amer- leaving virtually no companies left cers that they at least sacrifice to the ica, so they would receive less than that offer guaranteed retirement bene- same level as the employees who are $45,613. A Government takeover would fits. Let me give some illustration of the victims of their mismanagement. cut most of their anticipated pension this. benefits by as much as half. Today’s Wall Street Journal says: Rank-and-file workers should not be Under the management plan, there sent to the back of the line in bank- By far, the industry accounting for the big- are 42,700 participants encompassing gest portion of underfunding is auto makers ruptcy court while executives get a administrative and public contact em- and automotive-parts companies. The plans free pass. Time and again, workers ployees. This is more difficult to quan- of those companies are $45 billion to $50 bil- have faced the back of the line in this tify in terms of their pension loss. lion shy of promises made to workers. country.

VerDate Aug 04 2004 05:07 May 13, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.089 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5051 Mr. President, you may remember an porations and record corporate profits, Listen to this letter to the Contra amendment I offered to the bankruptcy why in the world can’t we bring our- Costa Times in Walnut Creek, CA: bill a few weeks ago. It was rejected selves to make certain that workers in I am a retired 74-year-old woman and get overwhelmingly by the Senate. Let me America get fair compensation? I don’t Social Security benefits, a private pension, tell you how radical this amendment understand it. If we value work and payments from 401(k)s. Prior to the dot-com was. It would have allowed bankruptcy value families and value children, why disaster a few years ago, my 401(k) was worth courts to reach back and take the aren’t we paying a decent wage to almost $300,000. It quickly dropped to half, sweetheart deals that were given to many people who get up and go to work [that value] and is slowly recovering. If it these officers and CEOs and put the every single day, sometimes two jobs a were not for my pension and Social Security, day? But, no, we can’t pass that here. I would be very, very nervous about how I money back into the corporation to would survive what remains of my life. benefit the employees and the retirees. That is too radical. I gave the example of several CEOs, Now the President wants to privatize Another letter to the editor dated including Ken Lay of Enron, who abuse Social Security. He wants to make sure March 16 from a Shreveport, LA, paper: their companies. You remember read- that two of the sources of retirement In this time of corporate scandals, lost ing about Dennis Koslowski of Tyco. security—Social Security and pen- pensions, and stagnant wages, working peo- sions—will no longer have guaranteed ple need something that is guaranteed and This man had a unique lifestyle at the risk-free; that was always the genius of So- expense of his corporation. He had the benefits. The third source, of course— private savings—has never been guar- cial Security. . . . Social Security does need corporation buy his family a shower improvement, but that should mean ensuring curtain. Well, what is wrong with that? anteed. President Bush says that is benefits, not putting them on a Wall Street Mr. Koslowski did some pretty shrewd part of the ownership society. But, un- roller coaster. There are plenty of opportuni- shopping. He found a $30,000 shower fortunately, we are headed for a soci- ties to invest in the stock market. Congress curtain. That takes some doing. He ety for the owners, by the owners, and and the president should strengthen Social took the money out of the corporation, of the owners, where the workers are Security to make sure working people get the benefits we’ve paid for. We deserve it. while it was facing financial trouble, more vulnerable than they have ever and then turned and said to the em- been in generations in America. We owe it to our workers and their We ought to step back for a second. ployees: Sorry, we are going to cut you families to take an honest look at We ought to try to decide what is im- loose. Retirees, we can’t pay what we these issues and come up with some portant in this society in which we promised you, and shareholders, you real solutions. We need to take a look live. Is it important for us to protect lose, too. So for his shower curtain deal at the Pension Fairness and Full Dis- the CEOs from their mismanagement and a lot of other things, I think Mr. closure Act. We need to strengthen So- of these companies? Is it important for Koslowski should have been held ac- cial Security, not weaken it by us to say to Mr. Bernie Ebbers, You privatizing it. We should encourage countable. He was in criminal court, won’t be held accountable for taking but he certainly should be held ac- people to save for retirement, create $408 million out of the corporation you incentives, tax incentives and other countable. dumped in bankruptcy? Is it important Bernie Ebbers, CEO of WorldCom, payroll incentives, for people to save. for us to make sure that people who didn’t piddle around with a shower cur- And we should encourage companies to make more than $1 million a year get tain; he took $408 million out of a com- pay what they promised workers and handsome tax cuts while we are deep in pany right before it went into bank- not allow them to get away with debt as a nation, trying to come up ruptcy court. How can we sit around underfunding their pension plans. with the money to fight a war, or is it and say: That is OK, that is manage- As part of the reform of the Pension more important for us to give fair com- Benefit Guaranty Corporation, pre- ment; those guys are in the boardroom; pensation to people who go to work? Is don’t worry about them; but say to the miums are necessarily going up, and it more important for us to step up and the companies that underfund their worker out in the plant or to the re- talk about guaranteeing and securing tiree who is counting on a retirement pension plan will have to pay more into the pensions of hard-working people, it so the guarantee of this Pension benefit plan or the shareholder: You who stayed with a job year after weary are going to have to lose because Mr. Benefit Guaranty Corporation is worth year because a husband says to his something. We need to make sure that Ebbers needed $408 million out of the wife: Honey, I am going to hang in this agency meets its obligation to all company before he dumped it in bank- there for 2 years because I get my re- American workers. ruptcy? We should have recaptured the tirement. And look what happens. Today, the Pension Benefit Guaranty assets he took out of the corporation Months before you retire, or even Corporation is $23 billion in debt. Who before it went into bankruptcy. Maybe months after you retire, they pull the is going to bail it out? At a time when it would not have made the corporation rug out from under you. solvent, but at least it would have been This is a looming retirement security we are going to give $32 billion in tax a fair allocation of the resources of crisis. Baby boomers are set to retire cuts next year to people making over that corporation to the people who de- in large numbers in just a few years. $1 million a year—$32 billion to people serve the benefits from them in bank- This country is not saving for retire- making over $1 million a year—at a ruptcy. ment. Our 401(k)s have taken a huge time when we are facing record defi- My amendment lost on a vote of 40 to hit in the last 5 years. Defined benefit cits, at a time when we are concerned 54. It was entirely too radical for the pension plans are almost extinct. Medi- about the survival of Medicare and Senate, to think that these CEOs care is running a huge deficit. And So- Medicaid, it is clearly time for some would be held accountable for their cial Security has been targeted for ben- thoughtful leadership in this country. conduct, that they would accept per- efit cuts. The three-legged stool of re- What happened with United Airlines, sonal responsibility for what they did. tirement security is looking a bit sadly, is a symptom of a real problem No way. Yet their workers and their re- wobbly today. that is undermining the retirement se- tirees had to pay the price. They were Listen to what people around the curity of every American family. We held responsible for this terrible mis- country are saying about retirement have been diverted from looking at the management. insecurity. An editorial in the Denver broader retirement security issues by We also tried to raise the minimum Post said this: the administration’s Social Security wage during that bankruptcy debate. I The retirement benefits offered by Social privatization proposal. It is time to guess we are just wasting our time in Security were originally designed as one leg look at how to address the entire re- this place. It has been over 8 years of the three-legged stool that also included a tirement income equation and provide since we raised the minimum wage in worker’s pension and a family’s private sav- more security, not less. this country. We were told the head of ings. But American families don’t save like There was a time in America when a family who works 40 hours a week at they used to, and the national saving rate we valued work, we valued workers, we has been declining for the last 35 years. At a minimum wage and has two or three the same time, American companies as a valued the worker’s family, and we kids should not be able to lift his fam- whole have been cutting back—or in some said: We are going to provide you with ily above poverty. At a time when we cases defaulting—on the pension coverage basic dignity. You get up and go to have record productivity in our cor- they once offered employees. work every single day, you set a good

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.091 S12PT1 S5052 CONGRESSIONAL RECORD — SENATE May 12, 2005 example for your family, you con- us in trying to address some of the con- tination of the freight, whether you are tribute to your company and your com- cerns I had about the prior legislation a State that is a passthrough State for munity, and America will be a better from last session. travel and tourism. Those are the place and we will stand behind you. We As I stood here over a year ago when States you want to pay particular at- will make certain that when the day we debated this bill, I spoke very criti- tention to. Again, the nature of the comes for retirement, no matter what cally of that legislation and the dam- program is to make sure we have a happens, Social Security will be there age that legislation did to Pennsyl- seamless highway system, that we have to provide some basic safety net for vania. Thanks to the Senator from good interstate commerce. you and your family. We will watch the Oklahoma and the Senator from Mis- The reason I came to the floor last workplace for you, too. We will do our souri, in particular, we have been able year was to point out that Pennsyl- best to make sure it is safe so you are to address some of what I consider to vania is a State that certainly shoul- not injured while you are working on be inequities in this legislation. ders the lion’s share or certainly major the job. If you are injured, we will see The point I made a year ago was that share of this passthrough traffic. We you are compensated fairly. one of the major reasons for a Federal have in Pennsylvania about as many When it comes to the wage you earn, tax on gasoline in a Federal highway interstates as any State in the coun- we hope you will do better than the bill was the idea of promoting inter- try. I think there are three States that minimum wage, but we will guarantee state commerce. Originally, the inter- have more interstate miles. Texas, there will be a minimum wage in state system was certainly put in place California and Illinois are the only America so there will be some basic for military purposes—at least osten- three that have more interstate miles dignity in work and the hardest work- sibly for military purposes—to move than Pennsylvania. We have 22 inter- ing people in America, trying to raise a things around the country in a na- states in Pennsylvania. Actually, an- family, can get by. tional emergency. other one is under construction. It was part of a social contract. It Obviously, the more pedestrian rea- There are only four States that have was America as a family, coming to- son, if you will—probably that is a bad a higher number of ton-miles than gether. We were protecting our own. word to use when we talk about high- Pennsylvania. Again, they are much We were committed to our own. But ways, but nevertheless, the reason that bigger States than little old Pennsyl- there is a new attitude in Washington. is most often used is because it is for vania, Texas, California, Ohio and Illi- You can feel it. That attitude of the so- interstate commerce, to move goods nois. called ‘‘ownership’’ society says, re- around the country, to move people I will show a chart that shows the member this, we are all in this alone. around the country, for travel and importance of interstate commerce and We do not come together to help one tourism, a whole host of other reasons. what Pennsylvania has to deal with. another, to protect one another, to When you look at why the Federal First, the statistic I throw at you, 47 care about one another. That is aban- Government does that, you have to percent of the trucks that go through doning a fundamental principle in step back and say transportation is a Pennsylvania do not stop in Pennsyl- America. State function. Every State in the vania. They do not originate there and We believe in the goodness of the country has a transportation depart- are not destined for there. We get a lot people who live in this country. We be- ment. Why do we need a Federal trans- of traffic from the New England lieve in the fairness of our economic portation department? We need it be- States—New Jersey, New England— system. We believe the Government cause we have to make sure the goods that goes through Pennsylvania to get should stand for justice in a system that are produced in New Jersey can out West or comes down through Penn- where unjust things are occurring. But get to Ohio to Texas, or the goods pro- sylvania to get down to the South. if you look at what happens in the Sen- duced in California can get to Georgia. These lines are the traffic that goes ate and the House day in and day out, The fact is it is important for us to through Pennsylvania that does not time and time again, one wonders if we be connected. If there are situations stop, coming from way out here in Se- walked away from that commitment. where States are in financial difficulty attle, and they go way up to Maine and We wonder if we are not dealing with and they let their roads degrade, par- lots of points in between. some situation of noble savages being ticularly the major interstates—for ex- We see the resulting effect on the turned loose in a wilderness with the ample, my State is occupied increas- load of traffic in Pennsylvania. This is hope they survive. I hope it does not ingly with traffic that does not stop in the Pennsylvania Turnpike, the big come to that. Pennsylvania—there would be much thick black line. That is more than 80 Sadly, for tens of thousands of more of an impetus if you were a local million tons of traffic passing through United Airline employees who just a legislator to invest money on roads Pennsylvania on this one road. We see few years ago were glorying in the fact which Pennsylvanians used and invest several others that have between 60 that they work for one of the best air- a lot less money on roads that are used and 80 million tons of truck traffic, lines in the world, the bottom is falling by folks out of State. heavy truck traffic. We have heard in out. The pension they worked for, for a So we put together a Federal tax sys- the Senate the vehicles that do the life, is disappearing. They have taken tem, a gas tax, as well as Federal most damage to the highways are your wage cuts. The future is totally uncer- transportation legislation, to promote heavy trucks. tain. on the highway side—the transit is an- Yes, we are in an industrial area. We There are no guarantees in a free other piece, but we will talk about have a lot of heavy steel, coal, and lots market system. There are winners and highways for a moment—to promote of other products that travel through losers. But when you have made a interstate commerce. our State. They do an enormous promise to an employee, shouldn’t you So we have a situation where we have amount of damage. You throw on top be held to that promise? Shouldn’t you States that shoulder a large burden of that the mountainous terrain we have a social contract, a binding con- when it comes to that interstate com- have in Pennsylvania, the numerous tract, that the promise won’t be bro- merce and we have other States that bridges. We have several thousand ken? are the great beneficiaries as to the bridges that are in disrepair. We have I am afraid it has been broken here. burden those States shoulder in getting lots of bridges, we have lots of moun- This pillar of family security in Amer- a lot of what is referred to as pass- tains, we have a lot of freezing and ica is crumbling. What will your Con- through traffic. That is traffic that thawing in Pennsylvania which wreaks gress do to deal with it? does not stop in your State, does not havoc on the roads. So we have a lot of I yield the floor. benefit your State economically, to problems we have to deal with com- The PRESIDING OFFICER. The Sen- speak of, but, in the case certainly of pounded by this heavy through traffic. ator from Pennsylvania. trucks, beats the heck out of your When I came to the Senate last year Mr. SANTORUM. Mr. President, I roads. So you are in a sense carrying and said I was going to oppose the bill rise to make a few comments about the the load for States that are the eco- in the Senate—because here is a State, SAFETEA legislation. I thank the nomic beneficiaries, whether they are I argue, that is one of the poster chil- managers of the bill for working with the originator of the freight or the des- dren for a Federal Highway System

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.092 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5053 that focuses money on States such as ica really do benefit from States such Mr. INHOFE. Mr. President, let me Pennsylvania because it carries such a as Pennsylvania, Ohio, Indiana, and just respond to some of the things the heavy burden for the rest of the coun- the States through the middle part of Senator is talking about. First of all, try without any direct economic ben- the country that have to carry all this Senator SANTORUM has done a great job efit. This was a State, logically, given traffic to and from the border regions. leaning on us and talking to us and is the topography, the climate, and the That is why, if you look at the for- largely responsible for the fact that we congestion and traffic we bear, it would mula, most of the States that do not do made a major change in this bill. This be a State that should do well under a well under these formulas are border change increased the amount that will Federal formula. Certainly as Members States. Again, the reason is they do not be going to Pennsylvania by $208 mil- have said to me in the past, we have. have to carry the passthrough traffic, lion. However, under the bill last year, we particularly the heavy traffic that we But I would like to say this: When actually became a donor State. We be- in Pennsylvania have to carry. In addi- you talk about the miles of sub- came a State that was going to sub- tion, they do not have the weather standard roads and highways, Okla- sidize the rest of the country. Here we problems and the topography problems homa has a larger percentage that are are in Pennsylvania with this heavy and a whole host of other problems substandard than Pennsylvania. I am burden of truck traffic. We rank fifth that we have to deal with. Forty-two not saying it because I am proud of it, in the country in ton miles in Pennsyl- percent of our bridges in Pennsylvania because I have not been doing my job, vania. Here is little Pennsylvania. are structurally deficient or obsolete. I suppose, but in terms of the percent- (Mr. ISAKSON assumed the Chair.) We have serious problems. age of substandard bridges, Oklahoma Mr. SANTORUM. Mr. President, you So when I came here last year and is considerably higher than Pennsyl- have States such as Texas and States opposed the bill last year, I did so be- vania. out West and many other States that cause of the concern I had about the Now, what it does point out, though, are bigger geographically, such as way my State was being treated. I am is the necessity for this bill because we Georgia. Yet Pennsylvania is fifth in grateful, again, to the chairman for his are going to try to correct all these the country in the ton miles our roads effort to bring Pennsylvania into some things. We will not be able to do it in have to sustain. So what we are asking semblance of equity. I thank him for 1 year, but by the end of this authoriza- for is a little bit of equity. that. I thank the chairman of the tion period, we are going to look a lot I see the chairman is in the Chamber. Banking Committee, Senator SHELBY, We have gotten equity, at least some better than we are now—but not if we degree of equity. Everybody always for the work he has done with me on have to continue to operate on exten- thinks they should always get more eq- the Banking Committee on the transit sions. uity, but we have gotten some degree piece. Transit is a very important piece So I appreciate the comments. And I of equity in this bill. We are not, under of the transportation infrastructure of do not disagree with anything that the this bill, a donor State. Being one I Pennsylvania. In Pennsylvania, for ex- Senator says. I believe when you sit think was underserved. But we still, ample, 70 percent of the cost of our down with people and talk about a for- thanks to the chairman’s amendment, transit system is provided for by the mula—it is interesting, the previous get only a 15-percent increase in the State. There are seven States that do Presiding Officer is from Texas. I am amount of funding from the last bill to not contribute anything to their tran- not sure he agreed with everything this bill. That is lower than any other sit systems. Twenty-eight States con- that the Senator from Pennsylvania State in the country. Actually, we tie tribute less than what the Federal Gov- said. But it is a very difficult thing to with two other States as getting the ernment contributes to their transit do. lowest rate of increase. So we are a systems. So I appreciate the cooperation the donee State, but we are declining as far So we made a major contribution in Senator has given and the influence he as the amount of money. Pennsylvania to transit. I thank the has put on this legislation which has I would argue that is inappropriate chairman of the Banking Committee, helped us make this a better bill. I ap- given what I have laid out here and the Senator SHELBY, for making sure Penn- preciate that very much. purpose of a Federal highway bill. But sylvania is treated fairly under this Mr. SANTORUM. I thank the Sen- we have done better. And we have done legislation. ator. well enough that I, as you saw from the One final point I would like to make. Mr. INHOFE. Mr. President, I say to votes I have cast on this bill, have sup- I see my colleague from Ohio is here. the Senator from Ohio, I know you are ported this legislation and will cer- He probably can make a similar argu- attempting to get the floor for some- tainly support passage of this legisla- ment about the passthrough traffic thing other than the bill, but we do tion. that goes through Ohio. have someone coming down with an We have a serious problem in Penn- I thank the chairman for his effort amendment. Would it be permissible, if sylvania. We have a lot of bad roads. on the Job Access and Reverse Com- you were to use the floor, that when Twenty-seven percent of our roads in mute Program. There is a 73-percent someone comes with an amendment, Pennsylvania are rated by the Bureau increase over TEA–21. This is a piece of you would yield to them, or is that of Transportation Statistics as medi- legislation that we were able to get something you would be uncomfortable ocre to poor. I see the Presiding Officer into TEA–21. It has been a very impor- with? from Georgia. We have 27.1 percent of tant program for a lot of our Mr. DEWINE. If the Senator will our roads rated mediocre to poor. Geor- innercities to be able to get to jobs out yield? gia has .2 percent rated mediocre to in the suburban ring where job develop- Mr. INHOFE. I will. poor. Georgia, under this bill, receives ment is certainly faster than it is in Mr. DEWINE. I have a tribute to a a 30-percent increase. We receive a 15- the core innercities. This transpor- soldier who was killed, and it will take percent increase. The Senator from tation program has proven, at least in no more than 10 minutes. So once I Georgia just happens to be in the my State—in Pittsburgh and Philadel- start, I would not want to stop. But I Chair, and I just wanted to point that phia in particular, and Harrisburg and will not start until you want me to out because it is a pretty big contrast. other places—to be a very important start. The Senator from Georgia has fought project, to be able to increase the num- Mr. INHOFE. I understand. But you hard for his State, and he is a donor ber of employed in the core urban areas would attempt to do it in 10 minutes? State, so I know he believes he de- with better quality jobs, and the avail- Mr. DEWINE. Yes. I will certainly do serves more. He has fought very hard ability of a better life. So I thank the it in 10 minutes. and, obviously, very effectively to chairman for his increase, and I cer- Mr. INHOFE. The Senator could wait make sure his State has been treated, tainly hope he will hold that increase until you are finished. in his mind, and I am sure in the minds in conference. Mr. DEWINE. I could wait to start of the people of Georgia, more equi- With that, Mr. President, I yield the until later if you want. tably. floor. Mr. INHOFE. No, I suggest you go But I would make the argument that The PRESIDING OFFICER. The Sen- ahead. I say to the Senator, after the States around the perimeter of Amer- ator from Oklahoma. Senator gave his eloquent talk about

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.094 S12PT1 S5054 CONGRESSIONAL RECORD — SENATE May 12, 2005 the safety problems that are out there fiscal year exceeds the amount of funds seatbelt use rate, not based on a pre- throughout America right now, I came available for such grants for that fiscal year, scriptive mandate from the Federal to the floor and talked about the safety then the Secretary shall make grants under Government that a State must enact a core provisions that are in this bill, this subsection to States in the order in primary seatbelt law to receive Federal which the State’s safety belt use rate was 85 funds. that if we are on an extension, as op- percent or more for 2 consecutive calendar posed to passing a bill, people are going years, as measured by the National Center I have long opposed Federal dictates, to die. This is a life-or-death issue. I for Statistics and Analysis. whether direct or indirect, on States to think you brought that out very force- ‘‘(4) CATCH-UP GRANTS.—The Secretary enact a primary seatbelt law. This fully, and I know it comes from the shall award a grant to any State eligible for brand of nanny government precludes heart. a grant under this subsection that did not re- American adults from making basic de- Mr. DEWINE. Mr. President, I appre- ceive a grant for a fiscal year because its cisions for themselves and could ham- ciate what my colleague has done. The safety belt use rate is 85 percent or more for per law enforcement’s ability to effec- the calendar year preceding such next fiscal tively patrol the streets and highways Senator from Oklahoma is absolutely year. correct that if this bill is passed, these for more serious and egregious of- ‘‘(c) ALLOCATION OF UNUSED GRANT fenses. It is generally a waste of scarce provisions will be in there, as well as a FUNDS.—The Secretary shall award addi- lot of new construction that will save tional grants under this section from any time and resources for local police offi- lives as well. amounts available for grants under this sec- cers to pull over an adult and write a Mr. INHOFE. Very good. I yield the tion that, as of July 1, 2009, are neither obli- ticket to fine someone who was, theo- floor. gated nor expended. The additional grants retically, potentially harming himself awarded under this subsection shall be allo- or herself by not wearing a seatbelt. (The remarks of Mr. DEWINE are cated among all States that, as of July 1, Our citizens would be better served if a printed in today’s RECORD under 2009, have a seatbelt usage rate of 85 percent ‘‘Morning Business.’’) law enforcement officer, rather than for the previous calendar year. The alloca- writing that ticket, because someone The PRESIDING OFFICER. The Sen- tions shall be made in accordance with the ator from Oklahoma. was otherwise driving safely down the formula for apportioning funds among the road, was actually finding someone Mr. INHOFE. Mr. President, it is my States under section 402(c). who is weaving down that same stretch understanding the junior Senator from ‘‘(d) USE OF GRANT FUNDS.— of road as a drunk driver, clearly a Virginia has an amendment he wishes ‘‘(1) IN GENERAL.—Subject to paragraph (2), danger to themselves but more impor- to offer. It affects the commerce title a State may use a grant awarded under this section for any safety purpose under this tantly to others. Law enforcement re- of the bill. I ask if Senator STEVENS title or for any project that corrects or im- sources are not unlimited. I believe po- would like to come down, since this is proves a hazardous roadway location or fea- lice officers have more pressing needs the commerce title of the bill, while he ture or proactively addresses highway safety than craning their necks to make sure offers an amendment. problems, including— every licensed driver on the road has a Mr. STEVENS. Yes. ‘‘(A) intersection improvements; ‘‘(B) pavement and shoulder widening; buckled seatbelt. AMENDMENT NO. 611 This is not an issue of interstate The PRESIDING OFFICER. The Sen- ‘‘(C) installation of rumble strips and other warning devices; commerce. This is not a civil rights ator from Virginia. ‘‘(D) improving skid resistance; issue. This is not in the U.S. Constitu- Mr. ALLEN. Mr. President, I call up ‘‘(E) improvements for pedestrian or bicy- tion. This is an issue of enforcement of amendment No. 611. clist safety; seatbelt laws, and what laws a State The PRESIDING OFFICER. Without ‘‘(F) railway-highway crossing safety; might want to have is and has long objection, the pending amendments are ‘‘(G) traffic calming; been under the jurisdiction of the peo- set aside. ‘‘(H) the elimination of roadside obstacles; ple of the States. I don’t believe that The clerk will report. ‘‘(I) improving highway signage and pave- nanny mandates such as this initiative The bill clerk read as follows: ment marking; ‘‘(J) installing priority control systems for should come from government. But if it The Senator from Virginia [Mr. ALLEN], for emergency vehicles at signalized intersec- is going to come from a government, it himself, and Mr. Ensign, proposes an amend- tions; ought to be coming from a State gov- ment numbered 611. ‘‘(K) installing traffic control or warning ernment, certainly not the U.S. Con- Mr. ALLEN. Mr. President, I ask devices at locations with high accident po- gress. State legislators provide a much unanimous consent that reading of the tential; closer representation of the views and amendment be dispensed with. ‘‘(L) safety-conscious planning; beliefs of their respective constitu- The PRESIDING OFFICER. Without ‘‘(M) improving crash data collection and encies in this country. I am a firm be- objection, it is so ordered. analysis; and liever that the laws of a particular The amendment is as follows: ‘‘(N) increasing road or lane capacity. ‘‘(2) SAFETY ACTIVITY REQUIREMENT.—Not- State in matters such as this reflect (Purpose: To modify the eligibility require- withstanding paragraph (1), the Secretary the principles and philosophies under ments for States to receive a grant under shall ensure that at least $1,000,000,000 of which the citizens in that State wish section 405 of title 49, United States Code) amounts received by States under this sec- to be governed. Strike section 7216(a) of the bill and insert tion are obligated or expended for safety ac- One can see from this chart a minor- the following: tivities under this chapter. ity of States have enacted primary (a) IN GENERAL.—Section 405 is amended to ‘‘(e) CARRY-FORWARD OF EXCESS FUNDS.—If seatbelt laws. The ones in red are the read as follows: the amount available for grants under this 21 States that have primary enforce- ‘‘§ 405. Safety belt performance grants section for any fiscal year exceeds the sum of ment of seatbelt laws. Simple math the grants awarded under this section for ‘‘(a) IN GENERAL.—The Secretary of Trans- that fiscal year, the excess amount and tells you that 29 States do not have a portation shall award grants to States in ac- obligational authority shall be carried for- primary enforcement of seatbelt laws. cordance with the provisions of this section ward and made available for grants under In fact, New Hampshire doesn’t even to encourage the use of safety belts in pas- this section in the succeeding fiscal year. have secondary enforcement of seatbelt senger motor vehicles. ‘‘(f) FEDERAL SHARE.—The Federal share ‘‘(b) GRANTS FOR SAFETY BELT USE.— laws. I surmise that this issue has been payable for grants awarded under this sec- ‘‘(1) IN GENERAL.—The Secretary shall considered by all of the States’ legisla- tion is 100 percent. make a single grant to each State that has a tures in the past. ‘‘(g) DEFINITION.—In this section, the term In our general assembly in Virginia— State safety belt use rate for the imme- ‘passenger motor vehicle’ means— diately preceding calendar year of 85 percent ‘‘(1) a passenger car; the world’s oldest legislative body in or more, as measured by the National Center ‘‘(2) a pickup truck; or the Western World, started in 1619— for Statistics and Analysis. ‘‘(3) a van, minivan, or sport utility vehi- they have debated the benefits of a pri- MOUNT.—The amount of a grant ‘‘(2) A cle, with a gross vehicle weight rating of less mary seatbelt statute numerous times available to a State in fiscal year 2006 or in than 10,000 pounds.’’. and have consistently rejected such a a subsequent fiscal year under paragraph (1) Mr. ALLEN. Mr. President, the pur- of this subsection is equal to 500 percent of law in our Commonwealth of Virginia. the amount apportioned to the State for fis- pose of the amendment I have offered, In fact, during the debate in the Vir- cal year 2003 under section 402(c). along with Senator ENSIGN of Nevada, ginia House of Delegates, it was strong- ‘‘(3) SHORTFALL.—If the total amount of is to make sure safety belt incentive ly argued that primary seatbelt laws grants provided for by this subsection for a grants are awarded based on a State’s can contribute to racial profiling.

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.096 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5055 In early 2003, Delegate Kenneth Mel- could have a lower rate than the State States have such a law, 29 do not. De- vin of Portsmouth, VA, voiced his op- that doesn’t have such a law and re- termine whether you believe this Fed- position to a primary seatbelt law, ceive funding, while the State with eral Government incentive plan should stating: higher usage does not. reward States that have high usage or I know what happens when you are stopped If the goal is to attain higher safety whether it should be used to promote a by police as a black man in this country, and belt use rates, incentive grants should certain meddling nanny philosophy of in Virginia in particular. be awarded based on a specific goal. In this body that tells State legislatures He then explained how his oldest son our amendment, it is an 85-percent and the people in the States what to had been pulled over by police numer- safety belt use rate. This proposal is do. ous times for no apparent reason. similar to the one already included in My amendment would ensure that Incidents like this might not happen the House version of this legislation. the occupant protection incentive in every State and may be specific to My proposal is a much more equi- grant funding is awarded fairly and is certain jurisdictions in Virginia, but it table way to provide incentives and re- done so based on attainment of goals. I is the fundamental reason for us to ward States for increasing safety belt strongly urge my colleagues to support leave such decisions to the people in use rates. It makes the proposed pro- this amendment. the States. The repercussions of such gram fair by making requirements the Mr. President, I yield the floor. Federal mandates or pressure can have same for all States but does not compel The PRESIDING OFFICER. The Sen- different effects in each State. States to enact primary seatbelt laws. ator from Tennessee. Given that the majority of the States Again, the goal of our amendment is Mr. FRIST. Mr. President, very brief- have declined primary safety belt laws, simple and clear: attain higher seatbelt ly, the Democratic leader and I have a it seems inappropriate for the Federal use rates based on achievement, not on unanimous consent request. Government to devise a grant program an artificial mandate from the Federal Mr. President, I ask unanimous con- that essentially compels the States to Government. sent that the list of amendments I send enact them or lose Federal gas tax dol- States are looking for the greatest to the desk be the only remaining first- lars that they paid into the Federal flexibility on how to use Federal trans- degree amendments in order, other highway trust fund. portation dollars that we send back to than a managers’ amendment to be The underlying bill’s Occupant Pro- them. Some may decide that increas- cleared by both managers and both tection Incentive Grant Program, I ing capacity can best serve their citi- leaders; provided further, that they be suppose, is well-meaning officiousness, zens by helping alleviate traffic con- subject to second-degree amendments but instead of providing grants based gestion and improving the safety of a that have been filed in accordance with on obtaining a goal to increase use particular roadway. My amendment rule XXII; I further ask consent that rates, the safety title requires the would allow these funds to be used for any amendment from the list must be States to enact a primary seatbelt law everything from intersection improve- offered by 4 p.m. on Monday, May 16; to receive these Federal funds which, of ments, pavement and shoulder wid- provided further, that when the Senate course, have come from the people in ening, installation of rumble strips or resumes consideration of the bill on the States who paid Federal gas taxes. warning devices, improving skid resist- Tuesday, May 17, all time be expired The proponents of this provision will ance, improvements to pedestrian or under rule XXII and the Senate proceed no doubt argue that the program is not bicyclist safety, railway, highway to votes in relation to the pending discriminatory, not an effort to coerce crossing safety, traffic calming, the amendments in the order offered, and elimination of roadside obstacles, im- States without primary seatbelt laws that following disposition of the above proving highway signage, and pave- to enact such laws. However, the 90- listed amendments, the Senate proceed ment marking. They can use it for in- percent use rate required in this bill to a vote on the Inhofe substitute stalling priority control systems for would make it extremely difficult for a amendment, as amended, that the clo- emergency vehicles that signal inter- vast majority of the States to qualify ture vote on the underlying bill be viti- sections. They could use it for install- for grant funding. According to the Na- ated, and the Senate then proceed to a ing traffic control or warning devices tional Center of Statistics and Anal- vote on passage of the bill, with no in- at locations with high accident poten- ysis, only seven States had a safety tervening action or debate. tial, or increasing road or lane capac- belt use rate of 90 percent or higher in Mr. REID. Mr. President, reserving ity. 2004. It has been noted multiple times the right to object. I understand there are studies that throughout this debate that our high- The PRESIDING OFFICER. The Sen- indicate that primary seatbelt laws are ways are not being maintained and ac- ator from Nevada. Mr. REID. To the leader through the most likely to yield increased use tually require greater funding than the rates. However, if States without pri- underlying bill provides or authorizes. Chair, it is my understanding we will mary seatbelt laws are able to attain a This amendment would provide the have a vote Monday night, and it will comparable or higher use rate to those States some additional flexibility to be one of the amendments on the list; with such laws, it is fundamentally un- address road and lane capacity needs if is that right? fair for the Federal Government to they so choose. Mr. FRIST. Mr. President, that is withhold grant funding that has been We all agree that wearing a seatbelt correct. We will have one amendment, provided by all road-using taxpayers. increases safety for drivers, and the possibly two, Monday night, and the My amendment would revise the Oc- policy should be to try to promote in- remainder of these votes will be cupant Protection Incentive Grant creased safety belt use rates. stacked, on Tuesday, in the order that Program to base grant awards on an 85- My amendment does not change that was just spelled out. percent safety belt use rate. Instead of purpose. However, I do not believe it is Mr. REID. Further, Mr. President, we compelling States to enact primary the role of the Federal Government to have been on this bill 2 weeks, but that seatbelt laws, grants would be awarded force States to enact such laws that is somewhat misleading because we based solely on seatbelt use attain- are traditionally considered in the have had so many other issues that ment. There are a variety of ways that State legislatures. The States may have interrupted the discussion of this States may encourage people to use have many ways, such as advertising, bill. The work on this bill is good. I seatbelts. to encourage greater seatbelt usage. compliment the managers and the oth- It is difficult for me to understand My amendment rewards States equal- ers. Not only do we have these man- the logic of an incentive program that ly for reaching an 85-percent safety agers on the bill, but there are many would provide Virginia, with its high belt use rate, but does not seek to force committees that have jurisdiction on safety belt use rate, far less funding them into only one solution prescribed this bill. It is a very complicated bill than a State with a far lower seatbelt by the officious nannies in Washington, jurisdictionwise. It is a big bill use rate and a primary seatbelt law. which would be a primary enforcement moneywise. The managers have to be Yet that is entirely possible under this seatbelt law. complimented for doing this. bill if a State with a lower use rate has I urge my colleagues to consider the I believe this is what we can accom- enacted a primary seatbelt law. They laws in their home State. Twenty-one plish in the Senate. We have only spent

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.098 S12PT1 S5056 CONGRESSIONAL RECORD — SENATE May 12, 2005 a few days on this bill. I repeat, this is With all due respect to my good friend Now, for my colleagues who worry a remarkable piece of work we have from Virginia, I do so because I believe about the Federal Government being done. I hope we can continue doing the the bill, as currently written, is a good oppressive and using the stick, this is work for the people of America as one, as I said earlier today. I believe not a stick approach. This is a carrot needs to be done. I have no objection. the language in the bill on primary approach. This is extra incentive to the The PRESIDING OFFICER. Without seatbelt usage that has been written by State to do it. It will save lives. There objection, it is so ordered. Senator LOTT will, in fact, save lives. are very few times when one can come Mr. FRIST. Mr. President, I second In this country every year, we lose to this floor and know that their vote what the Democratic leader said in over 40,000 Americans in highway will save lives. terms of both sides working together deaths, 40,000 Americans who are killed When we get to the point where we on a bill that has taken a tremendous in auto fatalities. This bill is aimed at, vote on this, a vote to retain this lan- amount of work. We spent several days in many different respects, trying to guage in this bill will, in fact, save on the bill and had plenty of oppor- reduce the number of Americans who lives because States will enact it; the tunity over the last 2 weeks for every- die by building better roads, by dealing usage of seatbelts will go up, and when body to come forward. with dangerous intersections, and some the usage of seatbelts goes up, lives To clarify for the benefit of our col- of the safety provisions we have al- will be saved. It is pretty simple. leagues, with this agreement in place, ready talked about in this bill. So I urge my colleagues to defeat the we can announce there will be no fur- If you talk to anyone who is a high- Allen amendment and to keep this lan- ther votes this evening. Tomorrow we way safety expert or if you talk to the guage in the bill. will resume the bill, and Senators will real experts who are the men and One last comment. My colleague has be able to offer amendments from the women who patrol our highways every talked in his speech about the highway list. No rollcall votes will occur on day—in Ohio it is the Ohio State High- patrol and the police have other things those amendments during Friday’s ses- way Patrol or it might be the local to do. Yes, they have other things to sion. sheriff’s department, State troopers, do. The point of a primary seatbelt law As we just stated, on Monday, Sen- whatever they are called in your local is akin to most other laws. It is a de- ators will have an opportunity until 4 jurisdiction—I believe the experts who terrent. That is why we have speed p.m. to offer amendments. As we dis- have looked at and studied this issue laws. That is why we have every other cussed, there will be at least one, but will tell you that the use of primary kind of laws. It is a deterrent, and the possibly two votes. We will be voting seatbelt laws clearly saves lives. deterrent changes behavior. Because Why is that? It is pretty simple and Monday evening on at least one of the that law is on the books, because peo- pretty basic. The reason is this: Of all highway amendments. Therefore, Sen- ple know they have to have it, because the things we can do to save lives, the ators can expect the next vote to be at they know they can be pulled over for easiest and simplest is to increase the 5:30 p.m. Monday. We will then com- not having it, they will put it on and number of people in this country who plete our work on the bill Tuesday usage will simply go up. It works. It buckle up, who put on a seatbelt. Every morning. The managers will work over has worked in State after State, and car that is manufactured in this coun- the course of Friday and Monday to lives will be saved. try today has a seatbelt. It is not add- So I urge my colleagues to keep this further limit the number of amend- ing any new equipment. It is getting in and to defeat the amendment of my ments that will require votes. people to put on their seatbelts. It is a I thank our colleagues, and I thank colleague from Virginia. question of getting people to use equip- I yield the floor. the chairman and ranking member for ment that is already in the car. The PRESIDING OFFICER. Who their tremendous work, their patience If people use seatbelts, they are safer yields time? in bringing this bill forward. and the auto fatalities go down. The The Senator from Virginia. Mr. President, I yield the floor. highway safety experts, the people who Mr. WARNER. Mr. President, I rise The list of amendments is as follows: have studied this issue, will tell you today to strongly support the safety Germane amendments intended to be of- when the usage of seatbelts goes up, belt provisions in the Inhofe sub- fered: the auto fatalities go down. It is that stitute, and to urge my colleagues to Carper: #638, #723. reject the amendment offered by my Dodd: #732 Teen Drivers. simple. Durbin: #734 Fuel savings reporting; #669 The other thing we know is States colleague, Senator ALLEN. Bicycling. that have passed primary seatbelt laws The Commerce Committee’s provi- Feingold: #695 Buy American; #676 Volun- have seen the use of seatbelts dramati- sions to provide incentives to States teer mileage. cally go up. In Ohio, for example, we do which increase the use of seatbelts is Feinstein: #591 Alameda Corridor East; not have that law, unfortunately, and essential to improving the safety of the #633 Toll Roads. we are hovering at about 75-percent driving public. Lautenberg: #619 Drunk driving; #639 Big use. We are probably never going to get Increasing seatbelt usage is the hall- Trucks. beyond 75-percent. We are not going to mark of the administration’s proposals Schumer: #674 Transit Benefits. Wyden: #690 Hours of use exemption. get to 80 or 85 or 90 percent unless we to the Congress, and it is the corner- Landrieu: #620 Corridor. have a primary seatbelt law. stone of the Commerce Committee’s Kerry: #680 Ferry boats. If a State gets a primary seatbelt title to this bill. Post Cloture Amendments law, that usage will go up. It will go up The administration does not support Sessions #646. 5, 10, 15 percent, and when you see that the amendment before us and Sec- McCain #719. happen, the number of lives will be retary Mineta has written that, ‘‘Presi- McCain #720. saved. dent Bush and I believe that increasing Craig #616. In Ohio—I am using my home State safety belt usage rates is the single Domenici #659. Bond #631. as an example, but you can extrapolate most effective means to decrease high- Bond #658. these figures from Ohio to any other way fatalities and injuries.’’ Warner #686 State in the Union—in Ohio, we esti- The facts are undeniable as the Sec- Ensign #636 mate if we had a primary seatbelt law retary of Transportation states: ‘‘Em- Chambliss #603. and our usage went from 75 percent up pirical evidence shows that the surest Alexander #733. to, say, 90 percent, we would save 100 way for a State to increase safety belt Snowe #706. lives per year. That is a lot of people. usage is through the passage of a pri- Lott #583. We would save lives every year. What- mary safety belt law.’’ Lott #667. ever the figure, we are going to save The administration’s bill sets as our The PRESIDING OFFICER. The Sen- lives. national goal a seatbelt use rate of 90 ator from Ohio. So this is a very simple provision percent. That should be our minimum AMENDMENT NO. 611 Senator LOTT and the managers have standard, but under the Allen amend- Mr. DEWINE. Mr. President, I rise included in this bill. What the amend- ment it would be weakened. this evening to oppose the amendment ment of my good friend from Virginia In a letter I received yesterday from my colleague from Virginia offered. would do is basically take that out. Dr. Jeff Runge, administrator of the

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.100 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5057 National Highway Traffic Safety Ad- es are the leading cause of death for and that is we need people to use seat- ministration, he writes in reference to Americans age 2 to 34. belts; they save lives. the seatbelt grants program that ‘‘no These tragic statistics are reversible, I come from a State that is one of the other proposal in SAFETEA will do and the provisions approved by the lowest users of seatbelts in the Na- more to improve safety than this bipar- Commerce Committee are critical to tion—63 percent. I am one of those who tisan proposal.’’ reducing traffic deaths. has been slow to come to the usage of I commend Chairman STEVENS, Sen- I urge my colleagues to support the seatbelts, but I guarantee you my kids ator LOTT, and Ranking Member provisions in the bill to provide finan- know how important they are. They INOUYE for their strong leadership in cial incentives to States to increase will not let me crank the car up until continuing a critically needed safety seatbelt usage to 90 percent or to enact everybody is buckled in, including es- belt incentive grant program. It was a primary seatbelt law. pecially my grandchildren. my privilege to be directly involved in The PRESIDING OFFICER. The Sen- Then, as I have gotten into it more the drafting of TEA–21 in 1998. For the ator from Mississippi. and more, the statistics are clear that first time, TEA–21 included a signifi- Mr. LOTT. Mr. President, I rise in op- these seatbelts will make a difference. cant, new incentive based program to position to the Allen amendment, and I In 2003, about 17,000 people killed in increase the seatbelt use rate in this will repeat what Senator WARNER had motor vehicle crashes were not buckled Nation. to say: up, and nearly 500 of those deaths were At that time, the national average I rise today to strongly support the safety children. Would it absolutely have for seatbelt usage was approximately belt provisions in the Inhofe substitute and saved them if they had been buckled 67 percent. Some states, particularly to urge my colleagues to reject the amend- up? Maybe not. But even if it had been those with primary seatbelt laws, were ment offered by my colleague Senator just a few hundred, and it probably was achieving belt use rates far above the ALLEN. more like thousands, that makes a national average, and they saw the im- I thought that would be a pretty in- huge difference. Many of those 17,000 mediate benefits of fewer highway teresting statement to put into the deaths were preventable. deaths and injuries. RECORD at this point. A passenger wearing a seatbelt is 45 Before the TEA–21 program, other I remember, though, Senator WARNER percent less likely to be killed when in- States, without primary seatbelt laws, did a lot of work on this subject a cou- volved in an accident. For light trucks had belt use rates much lower than the ple of years ago. He has been involved such as SUVs, the figure is higher. The national average. in Transportation bills, highway bills, risk of fatal injury is reduced by 60 per- The Safety Belt Incentive Grant Pro- but I remember he had an amendment cent. Traffic safety experts nationwide gram in TEA-21 provided approxi- that would actually, in effect, provide agree that the most effective short- mately $600 million to States which sanctions if one did not have seatbelts. term way of reducing traffic fatalities improved their belt use rates. We have I voted against that because I do not is to increase the seatbelt use. seen improvements in the number of think that is the way to get States Getting people to change their driv- people wearing seatbelts as a result of such as mine to do something that ing habits is a major challenge that re- this program. I commend the Com- could be very important in terms of quires more than just airing public merce Committee for their leadership safety. service announcements or distributing in advancing a program that will take Before he leaves the floor, I want to safety materials. Over the years, us even further in helping States to get also commend Senator DEWINE for his States have tried many different ways people to buckle up. work on these safety issues. In the bill to increase seatbelt usage. Experience Today, the average seatbelt use rate last year, he had a lot of provisions has shown the most effective means to has improved significantly. There re- that he worked with Senator MCCAIN increase seatbelt use is to enact the mains, however, great disparities be- and others on to get them to include in primary seatbelt law. tween the States in their seatbelt the Commerce portion of the highway In fact, each percentage point in- usage. It is clear that States with pri- bill. This is an area where he has crease in seatbelt use saves about 270 mary seatbelt laws achieve far higher worked, he feels passionately about it additional lives. If every State in the seatbelt use rates than States without and he came back this year and said we country enacted the primary seatbelt primary seatbelt laws. For this reason, want to work together. law, more than 1,200 lives would be the Commerce Committee provides sig- I think if my colleagues will look at saved every single year. nificant funding to States that enact what we put in the safety provisions Today, in the 22 jurisdictions—21 primary seatbelt laws. from the Commerce Committee, from States and the District of Columbia— The Commerce Committee program, the Surface Transportation and Mer- that have primary enforcement laws, like the administration’s proposal and chant Marine Subcommittee that I the average seatbelt use rate is 11 the amendment I offered last year, sets chair, now a part of the substitute, points higher than in States without as our national policy a goal that they will be pleased with the safety this primary seatbelt law. I want to States reach a 90-percent seatbelt use provisions. emphasize my State does not have it. I rate. This important provision recog- This is a key part of the highways have talked to State officials. I want to nizes that the most effective tool to and transportation in our country. If encourage the State to do that, and improve seatbelt usage is by enacting a we just look at the pavement, if we this provision will do that. I will ex- primary seatbelt law. just look at the jobs, if we just look at plain that a little bit more in a mo- Wearing seatbelts is a critical public economic development, we will be ment. health and safety issue. As many have missing a big part of the equation, and To give an example of how powerful said, wearing a seatbelt is the most that is safety and lives that can be an effect this will have, consider the single most important act we can take saved or lost depending on what we do. recent experience in the State of Illi- to prevent deaths and injuries on our Senator STEVENS, Senator INOUYE, nois which passed a primary seatbelt highways. and I met with people on all sides of law in just 2003. In just one year after For the first time in a decade, high- this equation: highway people, safety Illinois passed a primary seatbelt en- way deaths are on the rise. In 2004, advocates, State representatives, labor, forcement law, the seatbelt use rate nearly 43,000 children and adults died the entire mix, and we developed these jumped from 74 percent to 80 percent. as a result of automobile crashes. Over provisions very carefully. So I want to Increases in seatbelt use produced real half of these deaths involved people thank Senator DEWINE for his effort. results. In Washington State, traffic fa- who were not wearing their seatbelt. Because I have done that, and be- talities declined by 9 percent in the I find that astonishing. There is no cause I have worked on this issue, I feel first year after passing a primary seat- other fact that is more compelling that very strongly in opposition to the belt law. Yet there are still 29 States should convince us to take action. amendment offered by Senator ALLEN. that have not passed it. This grant pro- If for no other reason to support this Usually, Senator ALLEN and I would be gram will provide incentives for those amendment, we must protect our Na- together on something like this, but States to take the steps needed to save tion’s youth. Today, automobile crash- my opposition this time is very simple lives.

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.022 S12PT1 S5058 CONGRESSIONAL RECORD — SENATE May 12, 2005 It also rewards States that are able I feel strongly about this. By the groups agree. These are the people out to achieve a 90-percent seatbelt use way, one of the reasons why I feel there every single day fighting for bet- rate without a primary seatbelt en- strongly, I believe, is I am among the ter laws and more safe vehicles, safer forcement law. States that have al- converted. I didn’t just get here years roads, et cetera. They agree. The pro- ready done it but show movement and ago; I moved gradually toward this. Fi- posal in the current bill, not in the get to 90 percent, there is a reward, an nally, the statistics, the evidence, and amendment but in the bill, is supported incentive, for them to do that. What we the deaths are too much weight for me by the National Safe Kids Campaign, are really worried about is those 29 to reject, or not accept. This is a way Mothers Against Drunk Driving, the States that have not done it that are to get a significant increase in my Automotive Coalition for Insurance As- down in the 60—or even less—percent State, and States all across the coun- sociation, Advocates for Highway and use of seatbelts. This program rewards try, in seatbelt usage. Auto Safety, Mazda, the Automotive the States that are able to achieve that I yield the floor. Occupants Restraint Council, the Traf- 90 percent. The PRESIDING OFFICER. The Sen- fic Safety, the National Safety Coun- Senator ALLEN’s amendment says ator from Arkansas. cil, the American Insurance Associa- that unless a State gets 85 percent, Mr. PRYOR. Mr. President, I, too, tion. It incentivizes States to pass they do not get any of the incentives. rise and join my colleague from Mis- these primary seatbelt laws. The ex- In my State, it is 63 percent, and we sissippi in his very eloquent remarks, perts agree the way to save lives on are not going to get to 85 percent for and my colleague from Ohio. America’s highways is to try to pass I know the Senator from Illinois is many years to come. We will not ever these seatbelt laws. waiting to speak in a few moments. reach the percentage or get the incen- I, like Senator LOTT, do not have a I rise in opposition to the Allen primary seatbelt law in my State. tives that would encourage us to do it. amendment. I understand the inten- The seatbelt performance grants Typically I think States should have tions, but I think the statistics and the offer States the flexibility to use much the rights to make these decisions, and numbers and the reality make it clear of the funds on highway safety infra- certainly every State does. But what that the American people are better off structure projects. That is the most we do is give a bonus, an extra incen- under the provisions as they currently important safety provision we could tive for States to consider, State legis- exist in the bill. More States benefit possibly pass: Better roads, wider lators, Governors, et cetera, to con- from the Senate Commerce primary sider passing these type of laws be- roads, more lanes, more bridges, safer belt law provision. There are 19 States bridges. That is the ultimate safety cause it will benefit their citizens and currently that have primary seatbelt benefits the Nation. provision. Seatbelts and other things laws on their books and they will qual- that can be done, the construction of I urge my colleagues to vote against ify for funding immediately. Only 14 this amendment when it comes up. vehicles, make a difference too. States have an 85-percent seatbelt use The flexibility funding allows States I yield the floor. rate, according to the 2004 numbers. The PRESIDING OFFICER. The Sen- to identify and address the greatest That is what you need to qualify under ator from Illinois. highway safety hazard. They can im- the terms of this amendment. So more Mr. OBAMA. Mr. President, like my prove dangerous intersections, enhance people would benefit and be rewarded distinguished colleagues from Arkan- railroad signage or redesign dangerous for having the primary seatbelt law. sas and from Mississippi, I rise in oppo- stretches of road. Combining a primary I think the provisions of the Com- sition to the amendment offered by my seatbelt enforcement law with address- merce Committee’s bill guarantee distinguished colleague from Virginia. ing highway safety hazards is a win- funding if the State does one thing, and I strongly urge my colleagues to pre- win situation. that is either have or pass a primary serve the seatbelt program as it is More States would reap the benefit belt law. Under the amendment we are written in the Transportation reau- under the Senate Commerce provision talking about right now, a State has no thorization bill. than under the Allen amendment. certainty that any action it takes will This provision in the underlying bill Today, only 14 States have an 85-per- increase belt use that will result in 85- gives States that pass primarily seat- cent seatbelt use rate required to qual- percent or higher rate use. belt laws a one-time incentive grant ify for the Allen amendment. This amendment would, if enacted, from that State’s annual traffic safety The Allen amendment is also a budg- abandon a very important goal, and grant apportionment. The purpose of et buster. If all States were to enact that is, for several years the Depart- this incentive is to encourage States to primary seatbelt laws, the cost of the ment of Transportation has set a goal take specific action, passage of a pri- Commerce Committee bill would be of 90-percent seatbelt usage. The mary seatbelt law that will save more $597 million. If all States were to meet amendment in question would set a lives. 85-percent belt use under the Allen goal basically at 85 percent. I have a As it so happens, my State of Illinois amendment, it would cost $778 million. concern. Knowing human nature and passed a primary seatbelt law in re- The additional $181 million needed to the way things work sometimes, I sponse to this incentive. I know we did fund the amendment would have to think folks might give up at 85 percent it in response to these incentives be- come out of the highway trust fund. and never try to reach that 90 percent. cause I was the chief sponsor of passage We thought about this carefully. We So I think the DOT policy is a good of the primary seatbelt law. listened to administration officials. It one. I think it is designed to save lives. The same thing happened in Dela- is very clear it is the view of the ad- It is a commonsense approach. As Sen- ware. The same thing happened in Ten- ministration, the position of the ad- ator LOTT said a few moments ago, nessee. You know what. It works, and ministration, that we need to encour- States that have a primary seatbelt it works faster and cheaper than any age greater use of seatbelts. We need law on average show the increase in other method, in terms of ensuring States to pass this primary seatbelt seatbelt usage by 11 percentage points. that people wear safety belts and save law. It will save lives, and I believe the He tried to drive that home a few mo- lives. Allen amendment will undermine a ments ago. I think that is a very pow- It is amazing we have to keep saying very strong part of this legislation. erful statistic. this, but seatbelts save lives and pri- I urge my colleagues, when we do Primary seatbelt laws are also the mary seatbelt laws save more lives. take this back up, to look at this very fastest and the cheapest way to save The National Highway Traffic Safety carefully. We will vote on it next week lives. The NHTSA administrator, Jeff Administration predicts if every State and you will have a chance to think it Runge, M.D., said of the provisions in enacted primary seatbelt laws, more through. It is not about, Do I get a lit- the current bill that they would save than 1,000 lives could be saved each tle more this way than that way as a more lives, do it faster and cheaper year and 17,000 injuries could be pre- State; we are talking about lives here. than any other highway safety pro- vented. Seatbelt use is 11 percentage We are talking about lives, and a life in posal Congress is likely to consider points higher in States with primary Georgia is as important as a life in this decade. enforcement laws than in those States Mississippi or Virginia or any State in So the experts agree, the numbers where laws provide for secondary en- the Nation. agree, and last, let me say, the safety forcement. And States changing from

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.104 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5059 secondary to primary enforcement The PRESIDING OFFICER. The Sen- nancial incentive for employees to have seen 10 to 15 percentage point in- ator from New York. drive to and from work alone rather creases in usage. Mr. SCHUMER. Mr. President, I ask than utilize transit or a vanpool. The Beyond the facts and statistics, this unanimous consent that the pending amendment eliminates this disparity. is an issue that makes sense. We should amendments be laid aside. The transit benefit provides a low-cost not have to just hope people wear seat- The PRESIDING OFFICER. Without way to get more cars off the road. In belts, just as we should not have to objection, it is so ordered. the New York metropolitan area alone, hope they obey speed limits or hope AMENDMENT NO. 674 TO AMENDMENT NO. 605 commuters save over $150 million, they stop at red lights. We should do Mr. SCHUMER. Mr. President, I call thanks to the transit benefit. Employ- what we can to make sure people will up my amendment No. 674, which I be- ers have saved significantly as well, wear seatbelts that will keep them lieve is at the desk. over $35 million. And that amount can alive. We teach our children to wear The PRESIDING OFFICER. The be multiplied for benefits throughout seatbelts when they get into a car and clerk will report. the country. we all hope they listen to mom and dad The bill clerk read as follows: By taking cars off the road, increas- and do it when we are not there, but The Senator from New York [Mr. SCHU- ing the transit benefit is sound envi- wouldn’t we feel better if we knew our MER], for himself, Mr. KENNEDY, Mrs. CLIN- ronmentally as well. It reduces emis- laws in our communities were helping TON, Mr. LEVIN, and Mr. SARBANES, proposes sions, which leads to cleaner air, and to make that happen? Doesn’t it makes an amendment numbered 674. cuts gasoline use across the board. sense for the Federal Government to Mr. SCHUMER. Mr. President, I ask I hope we can support this good tax maintain a consistent message on seat- unanimous consent that reading of the cut unanimously. belt use, not through a mandate but amendment be dispensed with. I yield the floor, Mr. President. through a simple incentive? The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- The National Safe Kids Campaign objection, it is so ordered. ator from Alabama. thinks so. Mothers Against Drunk The amendment is as follows: AMENDMENT NO. 646 TO AMENDMENT NO. 605 Drivers thinks so. They endorse and (Purpose: To increase the transit pass and Mr. SESSIONS. Mr. President, I ask prefer the Federal incentive as written van pooling benefit to $200) unanimous consent that the pending in the underlying bill. On page 628, line 23, strike ‘‘$155’’ and in- amendments be set aside and call up Finally, a Federal incentive is also a sert ‘‘$155 ($170 for 2007, $185 for 2008 and $200 amendment No. 646. Federal commitment. When the Fed- for 2009 and thereafter)’’. The PRESIDING OFFICER. Without On page 629, line 5, strike ‘‘2008’’ and insert objection, it is so ordered. eral Government makes a commitment ‘‘2009’’. and States respond accordingly, then The clerk will report. On page 629, line 7, strike ‘‘2007’’ and insert The bill clerk read as follows: the Federal Government needs to keep ‘‘2008’’. its word. One of the points that was Mr. SCHUMER. Mr. President, I will The Senator from Alabama [Mr. SESSIONS] proposes amendment numbered 646. raised by Senator ALLEN in sponsoring be brief. This amendment raises the The amendment is as follows: this amendment was that, in Virginia tax-free mass transit benefit from $155 at least, there seems to be some con- to $200 per month by the end of the life (Purpose: To keep the bill within the budget levels) cern that primary seatbelt enforce- of the Transportation bill. I, first, At the appropriate place, add the following ment would result potentially in an in- thank my colleagues on the Finance SEC. 1. REDUCTIONS crease in racial profiling in Virginia. Committee, Mr. GRASSLEY and Mr. The total spending in this bill shall be re- As somebody whose community on BAUCUS, for raising the amount to $155. duced by $11,100,000,000, by reducing the to- the south side of Chicago is fairly fa- That is already in the bill. What this tals by the following amounts— miliar with racial profiling, and who amendment does is raise the remainder (a) STP Enhancements (Sec. 1104(4): reduce hears anecdotes each day from African- over the course of the bill to $200. What by $2,800,000,000; American drivers who believe they may it will do is equalize the benefit offered (b) Maglev (Sec. 1819): reduce by $2,000,000,000; have been profiled, I am certainly sen- by employers for transit expenses with (c) Ferry Boats (Sec. 1101(114)) and Sec. sitive to Senator ALLEN’s point. As it the current benefit offered for parking 1204): reduce by $235,000,000; turns out, though, part of the way we expenses. (d) Truck Parking (Sec. 1814(a)): reduce by were able to solve this in Illinois was I understand that Senators BAUCUS $47,010,000; to couple a primary seatbelt enforce- and GRASSLEY are working with the (e) Puerto Rican Highways (Sec. 1101(15)): Budget Committee to get this amend- reduce by $500,000,000; ment law with a racial profiling law (f) Congestion Mitigation and Air Quality that would ensure we were keeping ment approved. So I hope we will not (Sec. 1101(5)): reduce by $4,479,000,000; track as to how traffic enforcement have to vote on it or debate it much (g) Administrative Expenses (Sec. was taking place and to make certain longer than this. I greatly appreciate 1103(a)(1)): reduce by $348,000,000; it was being done in a nondiscrim- their efforts. (h) Historic Covered Bridge (Sec. 1812): re- inatory fashion. Basically, we give people a $200 de- duce by $56,000,000; duction when they drive to work. It is (i) Transportation Infrastructure Finance This was the bargain that was struck and Innovation Act (Sec. 1303): reduce by at the local level: the notion that we obviously a business expense if they $500,000,000; would have a primary seatbelt law en- have to pay for parking, but mass tran- (j) Transportation and Community and forced; we would also have a data col- sit has always been discriminated System Preservation Program (Sec. 1813): re- lection bill that would allow us to against. We do not give people that de- duce by $135,000,000; track and make sure our traffic laws duction for mass transit. This makes it AMENDMENT NO. 646, AS MODIFIED, TO are being applied in a nondiscrim- equal. It does not favor one, does not AMENDMENT NO. 605 inatory fashion. favor the other. It does not take from Mr. SESSIONS. Mr. President, I ask That deal that was struck in Illinois highways to give to mass transit. It is unanimous consent the amendment be was premised on the notion that we a win-win-win. modified with the changes that are at would be getting these Federal incen- Now, mass transit ridership is at an the desk. tives. It is not appropriate for the Fed- all-time high nationwide. It continues The PRESIDING OFFICER. Is there eral Government to now pull the rug to rise in New York and across the objection to the modification? out from under States such as Illinois country. For millions of transit riders, Hearing none, it is so ordered. that have done the right thing. It is ap- this increase will save them hundreds The amendment, as modified, is as propriate, instead, for us to keep our of dollars every year. Raising the tran- follows: word, maintain our commitments, and sit benefit will simultaneously reduce (Purpose: To reduce funding for certain programs) make sure we continue to incentivize a traffic, congestion, and smog while sav- ing commuters in New York and across On page 410, between lines 7 and 8, insert law that everybody knows, in fact, the following: the country hundreds of dollars every saves the lives of our citizens. SEC. lll. REDUCTION OF FUNDING FOR CER- I encourage my colleagues to oppose year. TAIN PROGRAMS. this amendment The existing disparity between the Notwithstanding any other provision of Mr. President, I yield the floor. two benefit levels has also created a fi- this title or any amendment made by this

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.106 S12PT1 S5060 CONGRESSIONAL RECORD — SENATE May 12, 2005 title, amounts made available under this worked so incredibly hard on this bill. When we put together the bill—and Act, and titles 23 and 49, United States Code, My admiration for him is unlimited. I this particular bill has been 3 years in shall be reduced by a total of $10,700,000,000, know how strongly he wants to see the the making—it is very similar to what as follows: road portion of this bill be as strong as we had last year except it is a lower (1) The amount made available under sec- tion 1101(4) for surface transportation en- it possibly can. And I agree. People funding level which should satisfy, to a hancement activities under section 133 of travel on highways every day. An im- greater degree, the Senator from Ala- title 23, United States Code, shall be reduced proved infrastructure can be a positive bama. But when we come up with a by a total of $1,100,000,000, divided in equal difference for our communities and Na- bill, the procedure is to go to the Fi- amounts for each of fiscal years 2005 through tion. That is why I try to support ev- nance Committee. We did that, and we 2009. erything I can and to be as generous as have several Finance provisions in (2) The amount made available under sec- possible in the road construction ac- there. Senators GRASSLEY and BAUCUS tion 1101(5) for the congestion mitigation and count. air quality improvement program under sec- spent a long time. While people keep I will not go into the details tonight, saying the offsets are not realistic, tion 149 of that title shall be reduced by a but my amendment will look at less total of $4,000,000,000, divided in equal they could be right, but the ones who amounts for each of fiscal years 2005 through critical parts of this bill, including the can properly evaluate the offsets are 2009. mass transit title, and other portions the ones who proposed the offsets, and (3) The amount made available under sec- of the bill, and it will ask how many that is the job of the Finance Com- tion 104(a)(1) of that title (as amended by increases we can sustain in those ac- mittee. section 1103(a)(1)) for administrative ex- counts. By reducing the increases a lit- penses of the Federal Highway Administra- tle bit, by an amount that would allow I want to say this because the Sen- tion shall be reduced by a total of an increase to occur—not cutting those ator from Alabama and I are ranked as $400,000,000, divided in equal amounts for accounts but not having an increase as two of the most conservative Members each of fiscal years 2005 through 2009. big as has been proposed—we can of the Senate. I have said often there (4) The amount made available under sec- are two areas where conservatives tion 188(a)(1) of that title (as amended by produce a bill that increases our fund- section 1303(f)) for Transportation Infra- ing for our basic infrastructure, is spend money; one is national defense structure Finance and Innovation Act faithful to the budget numbers this and the other is infrastructure. That is amendments shall be reduced by a total of Congress adopted, and will be signed what we are supposed to be doing here. $100,000,000, divided in equal amounts for into law—not vetoed by the President. I wish to clarify that I will be opposing each of fiscal years 2005 through 2009. If we get to conference without some- the amendment because I believe the (5) The amount made available under sec- thing like this, what we are going to Finance Committee has done their job. tion 175(d)(1) of that title (as amended by see is that the amount of money set I have heard both the ranking member section 1813(a)) for the transportation and aside for our basic highway infrastruc- and the chairman talk about this, and community and system preservation pro- gram shall be reduced by a total of ture is going to be cut in conference be- they have convinced me that they have $100,000,000, divided in equal amounts for cause the offsets are not going to all be done their work. We will have to wait each of fiscal years 2005 through 2009. accepted. and see. So let me say again, we are heading (6) The amount made available under sec- Mr. SESSIONS. Mr. President, I to conference with an increase over the tion 5338(b)(1) of title 49, United States Code thank the Senator from Oklahoma. He (as amended by section 6036) for transit for- budget that is supposed to be offset. is a great leader in the Senate. I ad- mula grants and research shall be reduced by Some of those offsets are not going to mire his work on this committee and a total of $5,000,000,000, divided in equal be approved. And I suspect our basic his leadership as a senior member of amounts for each of fiscal years 2005 through road infrastructure amount that we the Armed Services Committee on 2009. now have in the bill will not be sus- The PRESIDING OFFICER. The Sen- which I serve with him. I don’t dispute tained and will be reduced. ator is recognized. My amendment will allow us to sus- that the Joint Tax Committee has said Mr. SESSIONS. Mr. President, we tain those increases that have been the offsets the Finance Committee has have a very real difficulty with this proposed and that we desire. It will proposed, if adopted, might meet the bill. I think there is a strong desire by allow us to stay within the budget. It needs of this increase. most Members of this body to increase will fund this by reducing the increases I understand some of those proposed the amount of money that is set aside in other noncritical programs, but still offsets probably will not have support for our road infrastructure. The bill, in allowing them to increase—not cutting in the House. I would like to see the fact, does increase that. We had a num- them. Senator’s goal of spending more money ber at which the President said he I think that is what responsible peo- on our road infrastructure and trans- wanted us to stay. We increased that ple ought to do. That is what the portation system that serves the com- number nearly $11 billion. We started amendment I have offered does. We will mercial transportation needs of all the at $284 billion. Now the number is $295 talk about it in more detail. I thank products that we eat, buy, and utilize billion. Senator INHOFE for his leadership on daily—that are shipped from trucks on The best numbers that I can get from this issue and on so many others. I highways all over America—I would the Budget Committee have convinced know he has worked hard. They prob- like to see that guaranteed. I am afraid me that the sad truth is we have $11 ably have agreements on how this if we go the way we are now, we will billion in this bill over the budget thing has to go, but I believe the not be able to hold the full increase spending cap that we agreed to. It is amendment I have offered will be help- that has been proposed when we get to the first real bill that has come up ful to achieving the goal most of us conference. But if we would face up to since we passed the budget agreement. share. the question and set some priorities So we are already in violation of it. I yield the floor. and choose between some of the things They say there are offsets, but some of The PRESIDING OFFICER. The Sen- that are in this bill that are less funda- those offsets are not realistic. I think ator from Oklahoma. mental and some of the things that are most everybody knows it. Mr. INHOFE. Mr. President, before They are projecting things are going the Senator leaves, let me just clarify desirable—things we would like to do to happen in conference, and that it is something. It is a very rare occasion but we really don’t have to do as much not going to be a pleasant conference that the good Senator from Alabama as others—and reduce some of the in- because the President has made clear and I disagree on anything. It just creases proposed for those programs he will veto a bill that is not within his doesn’t happen. In this particular case, and move that into the fundamental budget. We are facing a real problem. this is the exception. Let me kind of infrastructure for highways, I would So I have thought what we ought to outline how I think the system works. feel better about it. do in this Senate, in this Congress, is I don’t chair the Finance Committee. I I think the Senator is not really in what real people do when they have to don’t chair the Budget Committee. I do disagreement too much with that. But face serious financial decisions. They not serve on either one of them. I do when you move a piece of legislation as have to accept the fact they cannot do chair the Environment and Public he has, it requires a lot of cooperation everything. I know Senator INHOFE has Works Committee. and partnership.

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.017 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5061 Mr. INHOFE. Yes, I agree. We hear Alaska are unique. She has been very those States have roads. With roads, all the time in this body and all rep- helpful and a great member of our com- they gain the ability to move goods resentative bodies about what is desir- mittee. I thank her publicly very much and share services. With that ability, able. It reminds me of the guy who for that. they gain the ability to support private went to the department store, and this I think we are making progress now. sector businesses. With private sector beautiful, young, voluptuous saleslady We have gotten the amendments under businesses, they provide jobs, and with came up to him and she said: Sir, what control so we can stay on the schedule jobs, they attract new residents, are is your desire? And he said: Well, my that has been outlined by the unani- able to build more schools, offer oppor- ‘‘desire’’ is to pick you up after work, mous consent agreement that has been tunities, create more wealth. You get go out to dinner and drink some cham- accepted on both sides. the picture. The wealth is shared with pagne and make mad, passionate love I express my appreciation for every- the entire country. We have seen that to you, but I ‘‘need’’ a pair of socks. one cooperating. process work. We have to distinguish between de- I yield the floor. The funding received by the Appa- sire and need, and I think it is a dif- The PRESIDING OFFICER. The Sen- lachian Commission for Road Building ficult thing to do. ator from Alaska. has proven this works, and history has Mr. SESSIONS. That is all I am sug- Ms. MURKOWSKI. Mr. President, I proven over and over that reliable, in- gesting. Let’s go on and make that up- thank the chairman for the kind words expensive transportation is not the re- front, and maybe we will be able to he said and for the substantial work he sult of prosperity, but it is the cause hold this full increase for our highway has done in the committee to move us for prosperity. funding. forward in a manner I think is fair, The highway bill and the highway I thank the Chair and yield the floor. good, sound, and it is going to work. I trust fund which supports it exist for Mr. INHOFE. I suggest the absence of am so pleased we are at this point one reason: because Congress recog- a quorum. where we will shortly be moving a nized that reliable transportation is The PRESIDING OFFICER. The transportation bill through this body. critical to our national well-being and I think I speak for all my constitu- clerk will call the roll. to the well-being of our individual citi- ents when I urge this body to move for- The legislative clerk proceeded to zens. This is no less true in the far- ward on the highway bill. Every State call the roll. thest, most remote parts of Alaska needs it, but truly I believe none need Mr. LOTT. Mr. President, I ask unan- than it is in the center of Manhattan. it more than my State of Alaska, and imous consent that the order for the That is why this bill contains provi- the chairman has referenced our some- quorum call be dispensed with. sions to allow the Denali Commission what unique needs. The PRESIDING OFFICER. Without to construct roads between remote For most of us traveling from one objection, it is so ordered. communities in Alaska. Mr. LOTT. Mr. President, I ask unan- place to another, it means asking your- This provision is based on a bill I had imous consent to call up amendments self whether you walk, drive, take a proposed in 2003 which would stream- Nos. 583, 631, and 733 en bloc. I ask bus, take a train, or an airplane. That line the process of bringing Alaska’s unanimous consent that amendments is life in the 21st century. But in much transportation system into the modern Nos. 631 and 733 be modified with the of Alaska, Americans are still facing age. The same provision, as amended changes at the desk and agreed to en issues that are similar to what we by the Senate action last year, will bloc. The amendments have been faced in the 19th century. In much of also help improve roads within Alas- cleared by the managers on both sides Alaska, whether you drive is not a ka’s many Native villages, some of of the aisle. question without meaning. Instead, the which still have only the roughest of The PRESIDING OFFICER. Is there question is, What time of year is it? Is trails from one part of town to an- objection? it the time of year I will be using a other. Mr. LOTT. Let me withhold on the snowmobile or going by boat? agreement until we get final clearance. I suppose there are probably some of Frankly, the authorization in the bill I suggest the absence of a quorum. my colleagues who may be tired of for this purpose is simply not enough The PRESIDING OFFICER. The hearing that Alaska is unique with because Alaska has so many years of clerk will call the roll. unique problems that require different neglect to catch up on. I am sensitive, The legislative clerk proceeded to solutions, but that does not make it however, to the fiscal realities, and I call the roll. any less true, nor does it make Ameri- am deeply grateful for the support of Mr. LOTT. Mr. President, I ask unan- cans living in Alaska any less deserv- those who have helped us get this far. imous consent that the order for the ing than Americans living somewhere We must recognize this is not just an quorum call be rescinded. else. investment in Alaska today, but it is The PRESIDING OFFICER. Without Yes, Alaska, in fact, does have the an investment in Alaska’s tomorrow. objection, it is so ordered. highest rate of return from the high- For the record, I would also prefer to Mr. LOTT. Mr. President, for the way trust fund. We are the donee State have a separate system and signifi- record, I withdraw my unanimous con- that benefits the most, but it is be- cantly more money dedicated to our sent request. There was a misunder- cause we are so far behind the other Native village transportation needs. standing that was involved. We are States in transportation needs. I can They have been badly neglected. In working on that, and we hope we can tell my colleagues, it is a safe bet we fact, they have been shamefully ne- get the package agreed to later. would gladly see our position on the glected by the Bureau of Indian Affairs The PRESIDING OFFICER. The re- donee State listing change if it meant reservation roads system which is sup- quest is withdrawn. we had the roads to generate more gas posed to provide funding for Native Mr. LOTT. Mr. President, I suggest tax revenues for the highway trust American needs. Alaska Native vil- the absence of a quorum. fund. lages have been ignored, their road The PRESIDING OFFICER. The To any Alaskan, it is a remarkable miles have been uncounted, and money clerk will call the roll. and frustrating experience to hear the has been funneled into other areas that The legislative clerk proceeded to donor States complain that a dime or already have sophisticated road sys- call the roll. so of their Federal gas tax dollar actu- tems. Mr. INHOFE. Mr. President, I ask ally goes to serve a Federal purpose—a The bill also contains money to con- unanimous consent that the order for highway system that unites and tinue the reconstruction of the Alaska the quorum call be rescinded. strengthens our Nation—and that tax highway. I want to comment on this in The PRESIDING OFFICER. Without does not come right back home. the hope of dispelling some of the pe- objection, it is so ordered. It is also remarkable and again some- rennial confusion about it. Despite the Mr. INHOFE. Mr. President, before I what frustrating to hear that roads in name, the multiyear project to pave yield to the Senator from Alaska, I many States are in disrepair and more and improve the Alaska highway, also first wish to say how helpful she has money is needed to repair them. Yes, known as the Alaska-Canada, or the been. I know the needs they have in they are, and, yes, it is, but at least Alcan highway, is not an Alaska

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.111 S12PT1 S5062 CONGRESSIONAL RECORD — SENATE May 12, 2005 project. It is not an earmark for Alas- than other options such as tunneling, curve is the steepest and they are most ka. It is not even in Alaska. It is a na- like we have up in Boston, the ‘‘Big at risk. tional project, one that was triggered Dig,’’ or the combination of bridges From the national perspective, this by national defense needs and man- and tunnels we see around here. highway bill is a good bill. It is not dated by treaty between the United The last highway bill, TEA–21, con- perfect, but few things are. I would pre- States and Canada. tained provisions to fund ferries and fer to see more streamlining and per- As a treaty obligation, it is not to be ferry terminals in addition to funding mitting processes for highway projects. discarded lightly. It is unfortunate received through the National Highway I would like to see more flexibility for that some apparently have trouble System. I am pleased to say that this States. I would like to see a bill with reading beyond the name and that it bill does as well. In fact, ferry system the funding level that we approved last has fallen to Alaskans to stand up for assistance in this bill is even broader year. The leaders of each one of our the word of honor of the United States and will help even more States oper- key committees have done yeoman’s to fund this project, but that is just the ating ferry systems to do a better job work—and again, I want to commend way it has been. Here again, I am for their citizens. the chairman—on phenomenally dif- grateful for the support of Senator Now, I have been informed that the ficult issues. I believe at the end of the INHOFE, Senator BOND, and others who finance portion of the bill includes pro- day we have before us a good bill, the have recognized that this is not just a visions based on two bills which I have best bill possible. I pledge my support parochial project but one of signifi- previously offered. One of these provi- for it and urge my colleagues to do the cance to the entire Nation and one for sions corrects an inequity imposed on same. which the Nation has given its word. air passengers who live in rural areas I yield the floor. As I mentioned, we have unique where, again, they are unconnected by The PRESIDING OFFICER. The Sen- needs, unique challenges, and I renew road and they are forced when they are ator from Oklahoma. an invitation to all of my colleagues: traveling to fly to a larger airport Mr. INHOFE. Mr. President, the Sen- Come up and visit. Come up and see the where they can catch a plane to get ator from Alaska named a list of things State, see for yourself the conditions somewhere, to reach their final des- she would have preferred to see in the we have. tination. All passengers currently pay bill. As I thought of each one of them, I had an opportunity just yesterday a segment fee for air travel, but these I agree with each one. Of course, the to demonstrate that when we talk rural residents I am talking about are Presiding Officer is also a member of about Alaska’s road system, we use basically forced to pay twice, while the committee, and we know there are that term lightly. It is not a system; it passengers who live within driving dis- a lot of diverse needs in States. It is is a road up and there is a road down tance of a larger airport only pay once. not a perfect bill. There are a lot of and a little connecter in between the The second measure which I just ref- things I would rather have in it, but it two, and that is what we have. When erenced affects seaplane operators who is a consensus. It was give-and-take, we talk about where our roads stretch are not using FAA facilities but cur- and that is the way the system is sup- from, if we were to superimpose Alaska rently must pay excise taxes and fees posed to work. over the rest of the lower 48 States, we intended solely to support such facili- f would be going from Minnesota down ties. This is also an inequity, and my MORNING BUSINESS to Florida and across over into Cali- measure will ensure that only those re- Mr. INHOFE. I ask unanimous con- fornia. The area we cover is huge. ceiving benefits are asked to pay for sent that there now be a period for So, again, come up and see the condi- them. morning business with Members per- tions that we have. I would be happy to In addition, it is my understanding mitted to speak for up to 10 minutes. arrange a trip for any Member of the that the committee has also included a The PRESIDING OFFICER. Without body, no matter where they stand on measure intended to ensure that taxes objection, it is so ordered. the issue, and I am not just talking and fees intended for aircraft carrying about transportation issues. We will passengers from point to point is not f take the Members up and show them incorrectly applied to flight-seeing op- HONORING LESLIE SATCHER ANWR. We will show them the whole erations. Senator INOUYE has taken the Mr. FRIST. Mr. President, in 1988 State. I am proud of the State, and I lead on this matter, but it is worth Leslie Satcher picked up her belong- am proud of what we have done to pre- noting that it has significant support ings and left her home in Paris, TX, serve and protect our resources while among my constituents in Alaska, and bound for Nashville. With a meager we still build a vital economy. I would I am pleased to see it included. $100 in her pocket, she abandoned all be happy to show my colleagues how Finally, let me note that I under- that she had known in her young life, we are dealing with some of our unique stand that the Commerce Committee and headed to the Music City driven by situations and problems. title includes my proposal to establish her dream of being a country-music One such unique situation has been State grants for motorcycle rider edu- star. the fact that it is literally impossible cation. As my colleagues may be Almost 2 decades later, that dream is to build roads between some commu- aware, motorcycle ridership is increas- a reality. nities, even in long-settled areas like ing all the time, and with it the num- Today, Leslie Satcher is one of Nash- in southeastern Alaska where I was ber of motorcycle accidents has also ville’s most sought after song-writers. born, where a combination of rugged been rising, particularly among the She has emerged as a glowing success terrain and the separation of the is- new riders. It is not necessarily the under one of the world’s brightest lands have made other solutions nec- young riders but riders of any age. It is country-music spotlights. essary. One solution for the area in the the latter that my proposal addresses. At her core, Leslie Satcher is a southeast was the establishment of the I believe firmly that the best way to woman of humble ambition. Her work Alaska Marine Highway System, which prevent injuries is to prevent acci- is shaped by unyielding faith and limit- builds on a core fleet of large ocean- dents, and training is the only way to less passion for music. Critics describe going vessels in service as ferries. It is accomplish that goal. her writing as ‘‘emotionally persua- the only highway possible between I have worked closely with the Mo- sive, yet understated and artful.’’ In- communities such as Ketchikan, Pe- torcycle Riders Foundation and State deed, she has found her success not by tersburg, Wrangell, Sitka, Juneau, our motorcycle education administrators abandoning her homey roots but by State capital, and many other smaller to develop this proposal. All too often, embracing them. communities. It is part of the National we will see new riders, both young and Her lyrics are laced with plain spo- Highway System. old, simply climb on and hope that ken yet insightful observations about If the definition of a highway is a fa- they are going to learn by experience. love and life. And despite her tremen- cility used by trucks and cars moving Better training has been shown to dras- dous success, she has always remained from one community to another, this tically reduce the number of accidents true to her creative vision, never losing is, indeed, a highway. In fact, it is one suffered by new riders during the crit- hold of the simple joys of writing and that is considerably less expensive ical period in which their learning singing music.

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.116 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5063 Leslie has come a long way since her wrestle each other and—though he ing up his shirt to reveal grains of sand first venture into recording at the wouldn’t do it for anyone else—sister, arranged in the shape of a smiley-face ‘‘hear-your-own-voice’’ attraction on Therese, remembers how Michael on his stomach. Music Row and in front of audiences at would dance around for hours to enter- Jesse accompanied his best friend on the Bluebird Cafe. The Dallas Morning tain her and her friends. Youngest his final trip home. He said that Mi- News has described her as ‘‘one of the brother Tony recalls a time when Mi- chael was everything he wanted to be— most in-demand tunesmiths in Music chael popped out his false tooth in as a person and as a soldier. Jesse City.’’ And her personal, painful and church to shock a small child. Cousin noted at a service honoring his friend poignant compositions have been cov- Joe Mitchell remembers when they that during the trip home, ‘‘I sat by ered by a wide-range of artists includ- went to Myrtle Beach together and saw Mike the whole way home and I did a ing Reba McEntire, George Jones, an attractive woman. Michael and an- lot of talking. It was the first time Vince Gill, and Randy Travis. other man argued for so long about Mike didn’t talk back. I love him with Most recently she has concentrated who would speak to her first that she every piece of my broken heart.’’ her efforts on not only penning some of walked away. All who met Michael In Michael’s hometown of Canal Ful- today’s top hits, but singing some of were touched by his witty humor. ton, OH, thousands of residents came them, too. In fact, she’s in Washington, At Canal Fulton Northwest High to show their support for the Barkey DC this week to give a special perform- School, Michael excelled both academi- family. Some waited nearly two hours ance to honor our Nation’s injured cally and athletically. He loved to play to pay their respects to Michael. The troops at Walter Reed Army Hospital. basketball and football. High school funeral mass was a celebration of the Mr. President, Leslie Satcher is a football coach, Vic Whiting, remem- life of this extraordinary soldier—and self-made music success story. She is bered that after their last game, Mi- Julie Barkey would have it no other also one of my most favorite artists— chael—then a senior—couldn’t bring way for the son who brought so much and that’s saying something coming himself to take off his uniform. High light into the world. from Nashville! school friends said that ‘‘Mikey,’’ as Jennifer Barkey, Michael’s older sis- One of her sayings is that ‘‘you don’t they called him, was always the center ter wrote the following remembrance decide to be an artist, you are an art- of attention and a natural leader. letter to provide comfort to the family: ist.’’ I could not agree with her more. After high school, Michael enlisted in Know that [Michael] was truly an uncom- She has much to be proud of—and it’s the National Guard so that he could mon man. Grieve for the incredible man, evident in her songs and lyrics that she pay his way through the University of husband, and father he would have become. not only remembers but cherishes her Akron, where he earned an associate’s Know that following the example of our fa- roots. I am proud of all she has accom- degree in fire technology. His dream ther, he stood up for what he believed. His plished and honored to call her a was to become a firefighter, but his conviction was such that he was willing to die for it. friend. unit was called to go to Iraq. Michael We know that Michael is in heaven, f believed strongly that he was needed to secure freedom for others, that he was continuing to spread the laughter he HONORING OUR ARMED FORCES needed to help the Iraqi people. did while on earth. And perhaps the SERGEANT MICHAEL BARKEY Answering the call of duty was not Barkey family is right—Michael is still Mr. DEWINE. Mr. President, I rise new in the Barkey family. Michael’s cracking jokes, exchanging war stories this evening to pay tribute to a young grandfather, Edmund, served in Europe with his grandfather, and is now the Ohioan who lost his life while serving during WWII; father, Hal, is a Navy patron saint of Cheetos or hamburgers, our Nation in Iraq. PFC Michael veteran of the Vietnam war; brother, which were his favorite foods. Barkey was killed on July 7, 2004, when Todd served in Operation Desert Michael will never be forgotten. enemy fire caused the vehicle he was Storm; and brother, John, was an Air f Force firefighter stationed in Qatar riding in to overturn. He was 22 years IN REMEMBRANCE OF JOHN during Operation Enduring Freedom. of age. GREENO I had the opportunity to meet Mi- Michael was proud to follow in what chael’s family and to talk to them had become a family tradition. Mrs. BOXER. Mr. President, I speak about their extraordinary son. They Michael and the rest of the 1484th to honor the memory of the late John shared their memories with me— Transportation Company trained in In- Greeno, Bald Mountain heliport man- memories of Michael lighting up the diana before being sent to Kuwait and ager with the Mi-Wok Ranger District room with his infectious smile and then on to Iraq. Michael had been in of Stanislaus National Forest. Mr. causing others to laugh at his antics. the National Guard for 4 years. Soon Greeno was a 21-year veteran of the An editorial in the Canton Repository Michael developed the reputation of U.S. Forest Service who dedicated his from July 9, 2004 says it best: being able to lighten the mood despite life to his family, community, and Na- tion. He was killed in a tragic heli- Michael Barkey’s family and friends have a the chaos around them. Captain Curtis long time of mourning ahead of them. But it Brown, commander of the Company copter crash in Texas on March 10, 2005, is a testament to his vibrant personality and said that Michael was ‘‘a remarkable while on volunteer assignment to con- strong character that as the news of his young man who had the gift of making duct a prescribed burn in Sabine Na- death began to sink in, their memories of you see the good in a bad situation. He tional Forest. him made the people who loved him smile was a master of the gift of laughter.’’ John Greeno was born on June 2, 1952 and laugh. One young soldier, in particular, can in Redwood City, CA, and was raised in Michael’s vibrant personality, attest to that. Specialist Jesse Hensel the town of Independence, CA. He em- touched the lives of all who had the was Michael’s bunkmate and best barked upon his career with the U.S. privilege of knowing him. As the fourth friend. The two were inseparable— Forest Service in 1979 as a temporary of six children of Hal and Julie Barkey, whether they were lounging in their employee on the Inyo National Forest. Michael learned at a young age that he room or lifting weights. Jesse and Mi- His love for firefighting and the U.S. loved to make people laugh and that he chael were like brothers and they ar- Forest Service led him to the was good at it. When his older sister gued like brothers. The only thing they Stanislaus National Forest where he Jennifer had her first child, eight year- agreed on was that Jesse was better would eventually rise to the position of old Michael quipped that since he was looking and Michael was the better Helitack superintendent. During his 21 an uncle at 8, he would be a grandma dancer. years of service, John earned the re- before age 30. His mother Julie could Michael knew that his family worried spect and admiration of those with only laugh at her young son when he about him while he was away. He sent whom he worked for consistently going flubbed his words. She liked to call him home recordings and pictures—all of above and beyond the call of duty. He a ham. which Hal and Julie treasure. One pic- led by example and was considered a Every member of Michael’s family ture in particular always brings a mentor by subordinates. John regu- has fond memories of him. Growing up, smile to the Barkey family’s faces. In larly volunteered for assignments like Michael and his brother John loved to it, Michael is lying on the desert, pull- the one that claimed his life in Sabine

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.023 S12PT1 S5064 CONGRESSIONAL RECORD — SENATE May 12, 2005 National Forest in order to sharpen his though, are the smaller gatherings forced labour in the world today, what ILO skills and bring back valuable knowl- that take place around our Nation that member States, workers’ and employers’ or- edge for his home-base. provide veterans with the opportunity ganizations and their partners are doing to John Greeno will long be remembered tackle the problem, and what more must be to renew old ties, to meet each other’s done if this crime and violation of human for his courage and dedication. He is families, and to reminisce about the rights is to be finally ended. As the second survived by his wife of 11 years and his unforgettable experiences they shared Global Report on forced labour under the two children Marcus and Montana. His many years ago. Follow-up to the Declaration on Funda- service and bravery inspired others and On that note, I would like to offer mental Principles and Rights at Work, it fo- he will be deeply missed. I extend my congratulations to Leo Kania of Mid- cuses especially on the period since Stopping deepest sympathies to his family. dletown, CT, who served as a corporal Forced Labour, its first report on the sub- in the 110th. This week’s reunion is the ject, was published in 2001. f This period has seen many important de- 6th such event Mr. Kania has organized velopments, in terms of heightened global TRIBUTE TO THE 110TH A.A.A. GUN over the years. This weekend, members BATTALION awareness of the problems of contemporary of the 110th will have the opportunity forced labour, and particularly of trafficking Mr. DODD. Mr. President, I rise to to tour the very boat that took them in persons, and an increased understanding pay tribute to the members of the 110th to Omaha Beach six decades ago. The of what it involves—who and where are the A.A.A. Gun Battalion. This weekend, dedication Mr. Kania has shown is a victims and the perpetrators, how people get the 110th will be holding a reunion in testament to his devotion to his bat- trapped in forced labour situations, and what Cromwell, CT, to commemorate the kinds of measures have proved effective in talion, his pride in his country, and his preventing and combating this criminal 60th anniversary of the Allied victory spirit of friendship. practice, for which there can be no place in in the Second World War. I offer my congratulations and my the twenty first century. Far from being a The 110th played a critical role in the humble thanks to the members of the concern of only a minority of countries, campaign in Europe. They were trained 110th A.A.A. Gun Battalion, and I ex- forced labour in its different forms is a prob- in England in preparation for the Al- tend my best wishes to them and their lem that pervades all societies—developing, lied invasion in 1944. On June 7 a day families on this momentous anniver- transition and industrialized alike. It affects after D-Day they reached Omaha Beach sary. millions of people, and generates billions of in France with orders to ‘‘protect all dollars of profits for the exploiters of forced f labourers. ground forces from enemy aircraft.’’ REPORT BY THE INTERNATIONAL The Report first sets out to clarify what Members of the 110th also participated the ILO means by forced labour. It certainly in the liberation of Paris, the crossing LABOR ORGANIZATION ON cannot be equated simply with low wages or of the Rhine, and the Battle of the FORCED LABOR poor working conditions. It comprises two Bulge. Mr. KENNEDY. Mr. President, today, basic elements: the work or service is ex- The bravery and accomplishments of more than ever before in history, em- acted under the menace of a penalty, and it ployees around the world are com- is undertaken involuntarily. This menace the 110th earned the unit considerable can take extreme forms such as physical vio- praise. Brigadier General E.W. Timber- peting against each other for work. lence, but also subtler forms such as confis- lake commended the men of the 110th Too often, this competition has become cation of identity papers or threats of denun- for their ‘‘outstanding drive, tenacity a race to the bottom—whoever is will- ciation of irregular migrants to police au- of purpose, and aggressiveness,’’ while ing to work for the lowest wages gets thorities, in order to extract unfair advan- Colonel Thomas Munford lauded the the work. tage from them. A forced labour situation is battalion for its ‘‘outstanding perform- The most flagrant example of this is determined by the nature of the relationship ance of every assigned mission, both in the unacceptable practice of forced between a person and an ‘‘employer’’, and not by the activity performed. Nevertheless, training and in battle.’’ labor. These modern slaves are com- there is a broad spectrum of working condi- A few of the achievements of the pelled to work against their will, often tions and practices, ranging from extreme 110th deserve particular recognition. as victims of human trafficking or exploitation including forced labour at one They successfully shot down what is ruthless governments. end, to decent work with the full application believed to be the first German plane A new report by the International of labour standards at the other. And within downed in France during the liberation Labor Office shows how massive the the area defined by law as forced labour, a of Europe. Members of their reconnais- problem of forced labor is. According to range of coercive and deceptive mechanisms the report, over 12 million people are can be applied. The most appropriate law en- sance team were among the first Amer- forcement remedies may depend on the na- icans to enter Paris. In total, the 110th its victims in today’s world, and they ture, and perhaps also the severity, of the co- destroyed 65 enemy planes, 11 tanks, produce $44 billion in profits for their ercive mechanisms being applied. and 80 ground vehicles. overseers. The rising global concern with human traf- It gives me a good deal of pride to To combat the problem, the report ficking, together with new instruments note that many of the members of the urges countries to work together to against it, have prompted member States to 110th hailed from Massachusetts and reach a global solution. Countries need give attention to the forced labour concept Connecticut. As the birthplace of our stronger laws to protect victims and in criminal laws. The ‘‘Palermo’’ Trafficking punish perpetrators. They also need Protocol to the UN Convention against Nation, New England boasts a long and Transnational Organized Crime introduces honored tradition of deep patriotism stronger law enforcement and more ef- into international law the concept of exploi- and dedicated service to our country. fective cooperation between labor min- tation, broken down broadly into labour and New Englanders have served in every istries and law enforcement. Fair labor sexual exploitation. It is clear from the com- single one of our Nation’s conflicts, standards and acting to reduce poverty ments of the ILO supervisory bodies that co- from the Revolutionary War to Oper- are essential as well. ercive sexual exploitation also constitutes ation Iraqi Freedom. This report is the most comprehen- forced labour. Many countries at present do During the Second World War, the sive analysis ever made on forced not provide in their legislation for the spe- cific offence of forced labour. While the fate of not only our own Nation but the labor. I commend it to my colleagues, and I ask unanimous consent that the present momentum is towards establishing world was at stake. And New the criminal offence of trafficking, there is a Englanders joined our entire Nation in executive summary be printed in the need also to legislate against forced labour stepping forward to defend freedom RECORD. The full report is available as a specific criminal offence. against the forces of tyranny and op- from www.ilo.org. MINIMUM ESTIMATE OF FORCED LABOUR IN THE pression. There being no objection, the mate- WORLD Sadly, with each passing year, fewer rial was ordered to be printed in the Today, at least 12.3 million people are vic- and fewer of our World War II veterans RECORD, as follows: tims of forced labour worldwide. Of these, 9.8 remain with us. We can all remember A GLOBAL ALLIANCE AGAINST FORCED million are exploited by private agents, in- the deeply emotional moment last year LABOUR cluding more than 2.4 million in forced labour as a result of human trafficking. The when thousands of World War II vets EXECUTIVE SUMMARY remaining 2.5 million are forced to work by gathered here in our Nation’s capital THE CONCEPT OF FORCED LABOUR the State or by rebel military groups. for the opening of the National World A Global Alliance Against Forced Labour The numbers are highest in Asia, with War II Memorial. Just as notable, sheds new light on the nature and extent of 9,490,000 victims. Almost two-thirds of total

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.074 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5065 forced labour in Asia is imposed by private labour when there is a climate of impunity, conflict. Problems of contemporary forced actors for economic exploitation, mostly and repression against persons who denounce labour include: slavery and abductions, debt debt bondage in agriculture and other eco- forced labour abuses. bondage, forced overtime, unpaid compul- nomic activities. About one-fifth is imposed In China, steps have been made towards re- sory labour for public servants, and forced by the State in a few countries such as form of the Reeducation through Labour domestic labour. There are prima facie rea- Myanmar. Forced labour for commercial sex- (RETL) system, an administrative measure sons to believe that forced labour may be a ual exploitation makes up less than one- including compulsory labour that is used for widespread problem in the continent. But far tenth of the total. punishing minor offences. As of early 2004, more research and awareness raising is need- Latin America and the Caribbean has some 260,000 persons were detailed under ed, to deepen understanding and chart out a 1,320,000 forced labour victims. 75 per cent is RETL. Reform to the RETL system is on the way forward. imposed by private actors for economic ex- agenda of the current session of the National The scourge of human trafficking has now ploitation, followed by State-imposed forced Peoples’ Congress. caught the world’s attention. It is bringing labour (16 per cent) and forced labour in com- The forced labour aspects of prison labour forced labour concerns to the doorstep of in- mercial sexual exploitation (9 per cent). Of have also been a cause for concern in indus- dustrialized countries. More and more, ILO the 660,000 forced labourers in Sub-Saharan trialized countries. The focus has mainly partners realize that effective action against Africa, 80 per cent are subject to economic been on the eradication of forced labour in trafficking requires a focus on its forced exploitation, 11 per cent to State-imposed private prisons, or by prisoners placed at the labour outcomes, and on demand aspects in forced labour, and 8 per cent to commercial disposal of private companies. Yet some con- the destination countries as well as supply in sexual exploitation. Of the 260,000 forced sensus is emerging that, while prison privat- the origin countries. ILO research in Europe labour cases in the Middle East and North ization is probably here to stay, the central and elsewhere has shed light on these issues, Africa (MENA), 88 per cent is for private eco- issue in the debate should be how to secure paving the way for improved policies and law nomic exploitation, and 10 per cent for com- minimum standards of work for those de- enforcement. Affecting sectors including ag- mercial sexual exploitation. tained in all kinds of prison establishment. riculture, construction, textiles and gar- There are 360,000 forced labourers in indus- In this sense—while prison authorities tend ments, restaurants and entertainment, trialized countries, and 210,000 in transition to stress that work is only one aspect of the health care, and domestic work, trafficking countries. In both regions, forced labour for prison regime—there can be scope for labour for labour exploitation often involves subtle commercial sexual exploitation predomi- inspection services to collaborate with pris- forms of coercion rather than direct physical nates. In industrialized countries however, on authorities on matters which relate restraint. Unscrupulous employers exploit almost one-quarter of victims are subject to strictly to the work regime. the precarious situation of irregular migrant In developing countries there are clear non-sexual economic exploitation. workers in particular, removing identity Approximately one-fifth of all forced links between poverty and discrimination on documents, and threatening them with de- labour globally—or 2.45 million persons alto- the one hand, and forced labour on the other. nunciation to the authorities and deporta- gether—is an outcome of trafficking. There The victims are drawn from lower castes in tion if they do not accept substandard condi- are important regional variations. In Asia, parts of Asia, indigenous peoples in Latin tions of work. Migrant domestic workers are Latin America and Sub-Saharan Africa, the America, the descendants of slaves or forest at particular risk of forced labour situations. proportion of trafficked victims is less than dwellers in Africa. Patterns of forced labour So far, there have been very few convictions 20 per cent of all forced labour. In industri- are nevertheless changing. In addition to of abusive employers or intermediaries in- alized and transition countries, and in the traditional agrarian-based serfdom and ser- volved in the trafficking of domestic work- Middle East and North Africa, it accounts vitude, new forms of coercion often linked to ers. Forced labour and trafficking are not lim- for more than 75 per cent of all forced labour. indebtedness are being detected in a range of ited to the underground economy. With more Women and girls are overwhelmingly in- sectors and industries, such as brick making, research, it is becoming clearer that coercive volved in forced commercial sexual exploi- mining, rice mills and domestic work. The practices can affect migrants in quite main- tation—accounting for 98% of the total of asset-poor or landless are particularly vul- stream economic sectors. Deceptive prac- this form. Forced economic exploitation is nerable to forced labour, when they move tices by recruitment agencies, and long more evenly divided between the sexes, al- away from their home communities in chains of subcontracting, can involve exorbi- though women and girls still account for search of work in distant parts of their own tant transaction costs which drive even le- more than half—56%. It is estimated that country, neighbouring countries or overseas. gally recruited migrants into debt bondage children aged less than 18 years represent be- Similar patterns of coercive recruitment and debt bondage have been detected amongst situations. There have been examples of good tween 40 and 50% of all forced labour vic- practice, such as the 2004 United Kingdom tims. seasonal and migrant workers in Africa, Asia and Latin America. Again, women and chil- Gangmasters Act, which increase controls A DYNAMIC GLOBAL PICTURE OF FORCED LABOUR dren can be especially prone to be trapped in over such agencies. In transition countries Since the first Global Report on the sub- exploitative living and working situations, however standards to monitor the work of ject in 2001, the research and activities of the from which they have great difficulty escap- recruitment agencies are still very weak. ILO’s Special Action Programme to Combat ing. Government authorities, law enforcement Forced Labour (SAP–FL) have shed more Tackling such forced labour requires ac- agents and the social partners need training light on recent trends in forced labour, and tion at different levels. Downstream, there to prevent the risk of trafficking. action to overcome it, in all regions of the have been important community-based ini- Trafficking is a highly lucrative business. world. tiatives, using microfinance and other tech- The ILO estimates that total illicit profits Generally, despite new laws and action niques to prevent forced labour and rehabili- produced annually by trafficked forced programmes against trafficking, law enforce- tate victims after release. Upstream, there is labourers are around US$ 32 Billion (half of ment against forced labour practices re- a need for clear policies and plans of action, this in industrialized countries and one third mains inadequate. There have been very few mobilizing awareness, getting the involve- in Asia). This means an average of US$ 13,000 prosecutions of exploiters of forced labour ment of different ministries, ensuring the co- per year for each forced labourer. By far the anywhere. The offence of forced labour is operation of labour authorities and other law highest profits are made from forced com- often not identified as such in existing enforcement agents, and also securing the mercial sexual exploitation (US$ 27.8 Bil- criminal law (though it may be under labour necessary resources for action against forced lion). or administrative law). Penalties are often labour. One way to achieve this is to include The apparent growth of trafficking for eco- light. Important progress in combating im- forced and bonded labour concerns in Pov- nomic exploitation in all regions calls for se- punity for forced labour offences has never- erty Reduction Strategy Papers (PRSP) and rious thinking as to the most effective theless been made in some countries, such as similar policy instruments. Some models are means to eradicate it. Vigorous law enforce- Brazil. emerging. Brazil and Pakistan have broad- ment will always be part of the solution, but Forced labour imposed by the State, while based action plans against forced labour. many other measures are required. Our pre- not the largest problem in terms of numbers, Nepal and Pakistan address bonded labour in vious (2001) Global Report depicted human remains a cause for serious concern. In their PRSPs. trafficking as the ‘‘underside of Myanmar, the ILO has taken a lead in draw- In Africa, the eradication of—and even the globalization’’. The knowledge base has now ing attention to continued forced labour clear understanding of—forced labour poses shed further light on the linkages between practices, which occur in particular in re- complex challenges in a context of poverty forced labour more generally, and such as- mote areas under the authority of the army. and tradition. Unpaid services can be part of pects of globalization as global competition, An ILO Liaison Officer has been able to as- traditional kinship arrangements. There are migration and labour market deregulation. sess the situation in person through field vis- reports that West Africans of slave descent Without safeguards, competitive pressures its, while in May 2003 agreement was reached still suffer discrimination and labour exploi- can lead to forced labour. Eradicating coer- in principle between the Government and the tation at the hands of former masters. Re- cive practices represents a major challenge ILO on a Joint Plan of Action against forced search points to a spectrum of situations, for employers’ and workers’ organizations labour. By early 2005, however, the ILO was from the highly exploitative to the rel- worldwide. not in a position to move forward on this. In- atively benign. And in some African coun- ILO ACTION AGAINST FORCED LABOUR deed the Myanmar case shows that it is im- tries forced labour has occurred in a context Spearheaded by its Special Action Pro- possible to make progress against forced of severe political violence and inter-ethnic gramme to Combat Forced Labour (SAP–FL)

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.026 S12PT1 S5066 CONGRESSIONAL RECORD — SENATE May 12, 2005 under the Declaration Follow-up, the ILO highest priority. The development agencies, ASIAN PACIFIC AMERICAN has progressively increased its profile and which base their strategies on poverty tar- HERITAGE MONTH activities on forced labour over this four- geting and the eradication of extreme pov- year period. Guided by its Governing Body erty, should single out bonded labour sys- Ms. CANTWELL. Mr. President, I mandate, the programme has emphasized: tems for priority attention. In Latin Amer- rise today to say a few words in honor advice on appropriate legislation; awareness ica, where the incidence of forced labour is of the Asian and Pacific Islander com- raising on forced labour, among both the particularly severe amongst indigenous peo- munities of the United States. As my general population and key authorities; re- ples, poverty reduction progammes and re- colleagues know, May marks Asian-Pa- search and surveys, on the nature and extent sources can be targeted at the peoples and cific American Heritage Month. of the problems; prevention, through advo- areas affected. cacy, vigorous application of national laws Throughout this month, the United As regards forced labour and trafficking, and regulations, and by tackling underlying States celebrates the history, culture, the destination countries need to take their causes; and sustainable support and rehabili- and traditions of Asian and Pacific Is- share of responsibility. All countries need to tation measures. landers, and recognizes their unique SAP–FL has been active in many parts of include provisions against forced labour and contributions to the United States. trafficking in their criminal laws, involving the world in a short period of time. Aware- First proposed as a 1-week celebra- ness-raising has been conducted in all re- labour law experts in the drafting process. There is a need for more awareness of the tion in 1977, the occasion was expanded gions, and with major international part- into a month-long event in 1990. May ners. There is growing consensus that forced role of demand for cheap and flexible labour labour is the key entry point for anti-traf- in the destination countries in giving rise to was chosen because of its unique sig- ficking action. Research—in South and trafficking and forced labour, and also for nificance to the history of Asian Amer- South-East Asia, transition and industri- more rational migration management. icans. May 7, 1843 marked the first re- alized countries and Latin America—has for Universities, research and policy institu- corded immigration of Japanese to the the first time provided a full understanding tions need to improve the knowledge base on United States, while May 10, 1869 of the nature of modern forced labour, and of forced labour. Priority can be given to the marked the completion of the trans- the action needed to eradicate it. Law and difficult issues, where there is currently a continental railroad, which would not policy advice have been provided to Asian lack of consensus as to whether and which have happened when it did without the countries including China, Mongolia and practices do constitute forced labour. One labor of Chinese immigrants. Vietnam, paving the way for ratification of example is the forced labour aspects of pris- the ILO’s Conventions on forced labour. on labour. The Asian and Pacific Islander popu- Several ILO projects aim to strengthen in- lation has a rich history in this coun- stitutional structures for combating forced The ILO can take an active leadership in try, especially in the Pacific North- this global alliance. It can set targets for labour. A Brazilian project supports the Gov- west. In my home State, records show ernment’s National Action Plan against eradicating the forced and bonded labour problems linked to structural poverty, as the arrival of Asian immigrants as Slave Labour, working with several min- early as the 1860s, while some scholars istries, police, judiciary and labour authori- part of its contribution to achievement of ties as partner agencies. The project, in part the Millennium Development Goals. It can even speculate that Chinese explorers through a massive awareness campaign, has identify specific steps, with targets for the sailed down the Alaskan coast to what contributed to the significant rise in the coming years, against the forced labour is now Washington State centuries be- number of forced labourers rescued in Brazil. problems linked to globalization. Employers fore. Today, there are nearly 13 million In South Asia, a project to promote the pre- and workers’ organizations will have a key Asians and Pacific Islanders living in vention and elimination of bonded labour has role to play, the former developing codes of the United States, representing 4.4 per- gradually developed new tools for tackling conduct to ensure vigilance against forced labour in supply chains, the latter helping cent of the population. In Washington, this immense problem. With an initial focus they make up nearly 6 percent of the on using microfinance to prevent bonded the informal economy workers vulnerable to labour and assist the rehabilitation of re- forced labour in their efforts to organize citizenry. leased bonded labourers at the community themselves and seek redress. Through their Over the past century and a half, level, it has moved increasingly into capac- regional and international networks, trans- Asian and Pacific Islander commu- ity-strengthening of Government agencies port and other unions can exercise perma- nities have contributed significantly to and other partners. In Pakistan, ILO assist- nent vigilance against human trafficking. the cultural vibrancy of Washington ance has largely been designed to support The ILO can help member States improve State. Individuals within Washington’s the goals first set out in the 2001 National data gathering on forced labour. Reliable Asian and Pacific Islander commu- Policy and Plan of Action on bonded labour. forced labour statistics must now be devel- On trafficking, research and studies in nities have also worked to stand up for oped at the national level, providing bench- justice and make our country a better both origin and destination countries have marks against which progress can be meas- prepared the ground for integrated pro- ured over time. place. In 1944, Gordon Hirabayashi, a grammes across the trafficking cycle, com- Japanese-American student at the Uni- bining prevention, victim identification and Through operational projects, the ILO can versity of Washington in Seattle, took greatly help member States eradicate forced protection, law enforcement, and rehabilita- a stand against the unfair treatment of tion of victims. As requested by inter- labour. The aim will be to develop ‘‘models’’ of intervention, which can then be applied on Japanese Americans during World War national partners the ILO has taken a lead II when he refused to obey discrimina- in providing guidance to member States on a wider scale by others. These should com- the forced labour and labour exploitation di- prise linked components, addressing up- tory curfew orders. In taking his case mensions of trafficking, drawing on perti- stream policy and legal issues, as well as to the U.S. Supreme Court, he left a nent ILO standards. Operational projects are strengthening enforcement institutions and lasting reminder of the importance of now under way in West Africa, South East providing direct support for victims. In de- standing up for civil rights. Asia, China, and Eastern and Western Eu- veloping such integrated projects the ILO needs to draw on all its capacities, as they America is a land of immigrants and rope. In particular, these projects aim to in- our history demonstrates that we are volve labour authorities and other institu- relate to employment promotion as well as the application of labour standards. stronger because of our diversity, not tions including employers’ and workers’ or- in spite of it. However, we can only live ganizations in action against trafficking, In developing projects, however, it must be demonstrating the importance of their co- remembered that hard policy decisions are up to the promise of our diversity if we operation with police, prosecutors and law required to end forced labour. Such instru- recognize the mistakes of our past and enforcement agencies in general. ments as microfinance are important for pre- give all groups a voice in public dis- ACTION PLAN: A GLOBAL ALLIANCE AGAINST vention and rehabilitation, and will always course. Asian Americans have a power- FORCED LABOUR be part of the ‘‘toolkit’’ against forced ful history in the Pacific Northwest, The ILO now calls for a global alliance labour. But to combat impunity, and to and I believe we cannot ignore its dark- against forced labour. It will require na- tackle the roots of either the more tradi- est period. For this reason, I was tional or more modern forms of forced tional commitment to eradicate forced pleased to work with Senator PATTY labour, member States may ultimately have labour through plans with specific time hori- MURRAY to secure Federal funding for a zons. National plans and programmes will to revisit their land, tenancy, labour market or even migration policies. study of the Eagledale Ferry Dock site need to be backed by extensive international on Bainbridge Island, which served as a assistance, notably from the development With courage and commitment to face up agencies and financial institutions con- to the problems, and with the allocation of point of departure for members of the cerned with poverty reduction. Asia, where resources to meet the challenges, there is a Japanese-American community on the numbers affected by contemporary real hope that forced labour can finally be their way to internment camps during forced labour are the largest, must be the relegated to history. World War II. These funds are a critical

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.028 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5067 step toward commemorating the sac- after her daughter was diagnosed with his retirement after 38 years of service rifices and the strength of the Japa- schizophrenia, Vicki formed her own to this country. While I am a Senator nese-American community, and to rec- support group for people who have from Idaho and he is a commanding ognizing an important chapter in the loved ones with a mental illness. Even- general from the State of New York, he history of Bainbridge Island, my State, tually, she merged her group with deserves all of our praise because he and our Nation. NAMI Utah. was on duty in New York City on Sep- I am proud to represent a State with Over the past 20 years, Vicki has tember 11, 2001. a history of electing a diverse group of worked for the National Alliance for Major General Colt is a Vietnam vet- citizens to public office. In 1993, the Mentally Ill’s Utah affiliate. She eran who has always put soldiers first. Filipina-American Velma Veloria be- started as a volunteer teaching classes His emphasis on readiness and training came the first Asian-American woman and worked her way up to the execu- has prepared our citizen soldiers for to serve in the Washington State Leg- tive director’s post. Going the distance the current global war on terror. islature. Over the past decade, her to places like Logan was common for General Colt is among the finest this work to fight human trafficking and her, and she took a message of advo- country has to offer, and he leads by promote peace and social justice has cacy around the State. Vicki’s influ- example. He trains, teaches, and leads truly made my State a better place. ence did not just reach inside Utah’s his soldiers. He will be sorely missed by Since then, Washington State has also borders, though. Upon hearing of her his soldiers and by all of us who cher- seen the service of Gary Locke, Wash- death, NAMI members and friends from ish freedom. We honor his service, con- ington’s first Asian-American Gov- across the country brought forth an gratulate him on his retirement, and ernor, and Paul Shin, the first Asian outpouring of sympathy. reflect on the accomplishments of this American to serve in the State senate. Governor Jon Huntsman, Jr. ex- great leader. In fact, the rich history of Asians and pressed his condolences noting that His dates of service are from July 25, Pacific Islanders holding elected office Vicki helped educate many about men- 1967 to June 19, 2005. I know that his in Washington State dates back to 1962, tal illness and the way new medical family is very proud of him, including when Wing Luke, a decorated World treatments help the afflicted lead very his wife Dorothy and his daughters War II veteran and former Assistant productive lives. He said, ‘‘She traveled Mary Colt and Jennifer Sullivan and Attorney General of the State of Wash- throughout the Nation sharing this grandson Ryan Richard Sullivan.∑ ington, won a seat on Seattle’s city message of hope and will be greatly f council. Today, his legacy is com- missed by all who knew her.’’ memorated in Seattle’s Wing Luke A LIFE OF TEACHING, A LOVE OF Vicki was a member of my Advisory Asian Museum, along with the stories LEARNING, A HEART FOR CHIL- of thousands of other Asian immi- Committee on Disability Issues for the DREN State of Utah. She worked closely with grants. I am personally honored to be ∑ my office and visited with me and my Mr. CRAPO. Mr. President, I am hon- involved in renovating the museum’s ored to recognize a truly remarkable East Kong Yick building, one of the staff in both Washington and Utah to advocate for the needs of the mentally individual today. Gail Chumbley is a first two buildings in Seattle owned by history teacher at Eagle High School nonwhites. The museum is both a local ill. Her strong commitment to those suffering from mental illness was well in Eagle, ID. A high school history and national treasure, respected as a teacher; there are many individuals Smithsonian affiliate and honored at known throughout Utah. She provided valuable insights to the Advisory Com- who can claim this job title but few the White House 10 years ago with the who have done so much. Gail is an National Award for Museum Services. mittee and will be missed by all of the committee members. amazing teacher, passionately devoted As this year’s Asian Pacific Amer- to teaching our American experience to ican Heritage month begins, I believe The love and respect so many felt for Vicki Cottrell came from her willing- her students. Not only does she teach it is important to preserve the lessons about events in our Nation’s history, of the past, while recognizing the im- ness to use her own family’s struggle with schizophrenia as an example and she has ventured into the next realm, mense benefit we all receive from liv- moving the tenets of American citizen- ing in a diverse country built on the turn it into something to help others ship into the real world for her stu- contributions of immigrants from cope. She worked hard to eliminate the stigma often attached to mental ill- dents. around the globe. Diversity, and the I first heard of Gail’s efforts 4 years exposure to other customs and ideas ness, and was tireless, energetic and motivated in her mission. ago when she became actively involved that it involves, leads to opportunity in the Library of Congress’s Veterans and gives the United States much of its Vicki’s grace, humanity, and love Oral History Project four years ago. At strength. In celebrating the rich his- touched every life she met. Her public that time, she had organized the re- tory, culture, and traditions of Asian life never overshadowed her deep devo- cording of over 300 oral histories for and Pacific Islanders this May, we rec- tion for her 6 children and 10 grand- Eagle High School’s library alone. She ognize their important contributions children. She was a loyal friend and en- expanded the effort to include other to the strength and diversity of our joyed close relationships with many. Idaho schools and collaborated with country, and to the bright future that Her beautiful and well-attended garden local civics groups to record literally lies ahead. was a metaphor for her life. hundreds more interviews that went to f I ask that my colleagues please join me in extending heartfelt sympathies both the Eagle High School archives PASSING OF VICKI COTTRELL to Vicki’s family and friends. The mag- and the Idaho Oral History Center. One Mr. HATCH. Mr. President, with the nitude of the loss for Utah and the Na- of the most significant accomplish- untimely death of Vicki Cottrell, tion is substantial. ments of Gail and her students was their participation in the Veterans Utah’s executive director of the Na- f tional Alliance for the Mentally Ill, Stand Down in Boise where homeless NAMI, a powerful and compassionate ADDITIONAL STATEMENTS veterans were given the opportunity to voice who spoke for those who suffer record interviews. Her efforts were not the effects of mental illness has been confined to veterans of past wars. Gail HONORING MG RICHARD S. COLT silenced. Vicki Cottrell’s untiring ef- and her students also have sent gift forts across Utah, in the legislature, in ∑ MR. CRAPO. Mr. President, I rise to boxes and cards to our current service the jails and mental health courts, honor one of the great Army Reserve women and men in Iraq and Afghani- among community and religious lead- generals in the United States of Amer- stan since 2002. She was instrumental ers, and among families, will be dif- ica. MG Richard S. Colt has served as in making Eagle High School the top ficult to replace. The passionate spirit the commanding general of the 77th school donor for the World War II Me- and vision that she shared with her Regional Readiness Command based at morial, with a donation of close to staff will continue. Fort Totten, NY, for the last 4 years, $25,000. The list of her accomplish- Before working for NAMI Utah, Vicki and I am honored to recognize him on ments, enhanced further with her na- worked in computer software sales. But the floor of the Senate. He celebrates tional recognition by the Daughters of

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.079 S12PT1 S5068 CONGRESSIONAL RECORD — SENATE May 12, 2005 the American Revolution this year is the front of the nickel in 67 years. His Northern Kentucky. He has been an in- long, but that is not the focus of my re- nickel designs have been acclaimed tegral part of his community serving marks today. throughout the coin collecting commu- on numerous boards, including North- Gail has turned the teaching of his- nity, and Mr. Fitzgerald has received ern Kentucky University Foundation, tory and civics into the action of patri- significant national press attention. Saint Elizabeth Medical Foundation, otism. Perhaps the most compelling Joe Fitzgerald earned a B.A. in fine Kids Helping Kids, Cincinnati and and significant accomplishment of Gail arts from the University of Maryland, Northern Kentucky Fine Arts Founda- Chumbley is not her esteemed list of College Park and pursued graduate tion and as a trustee for Thomas More awards and honors, which are many studies in printmaking at the State College. and richly-deserved. Her most impor- University of New York at Oswego. He The ‘‘Movers and Shakers’’ award of tant contribution is her role in cre- has served several Federal agencies: Northern Kentucky is an annual award ating a sense of citizenship within the the United States Postal Service, sum- presented to honor those within the hearts and intellect of many Idaho mers, 168–1972; the Food & Drug Admin- greater Cincinnati region who stand as young people. This citizenship lives on istration, 1972–1973; the Consumer an example for all. It is presented by in these students as they grow into Product Safety Commission, 1973–1980; the Kentucky Enquirer, the Sales and adulthood and manifests itself in their and the National Library of Medicine, Marketing Council of Northern Ken- actions, commitments and convictions. 1980–2005. Mr. Fitzgerald has earned nu- tucky, The Home Builders Association It is an entity that grows exponen- merous awards for outstanding con- of Northern Kentucky, and The Ken- tially and of its own volition, eclipsing tributions and service to the National tucky Post. plaques, certificates and statuettes. Library of Medicine, including the 1996 As a Senator from Kentucky, I appre- These gather dust, but what they rep- NLM Director’s Honor Award for ex- ciate the devotion Mr. Huff has shown resent are the pillars upon which our ceptional contributions to the mission over the years to the citizens of Ken- country stands firm. This living citi- of the library through the creative ap- tucky. I commend his efforts and hope zenship is immortalized by the marbled plication of his artistic talent, and the his example of dedication and hard statues of men and women not far from 2003 National Institutes of Health work will serve as an inspiration to the ∑ here, and in words carved of the same. Award for Merit for his organization, entire State. I honor Gail Chumbley today: Amer- coordination and congenial leadership f ican patriot, exemplary citizen and in effectively orchestrating the ‘‘Turn- RACIST MANIFESTATIONS IN RO- role model for all of us.∑ ing the Pages’’ historical medical MANIA DESERVE GOVERNMENT f books program. RESPONSE In addition, Mr. Fitzgerald is a gifted TRIBUTE TO JOSEPH P. ∑ Mr. BROWNBACK. Mr. President, as fine artist. Nationally recognized for FITZGERALD chairman of the Helsinki Commission, his work in paint, pastel and digital ∑ Mr. HARKIN. Mr. President, I salute I welcomed the recent visit of Roma- media, his creations have been sent nian Foreign Minister Razvan Joseph P. Fitzgerald, who is retiring around the world through the Embassy after 33 years of dedicated service to Ungureanu, and I regret that I was not Art program, and are held in many pri- in Washington to meet with him. Our the Government and people of the vate collections. He is currently rep- United States of America. countries have forged closer links, and resented by the Foxhall Gallery in I hope that trend will continue. For the past quarter century, Mr. Washington, DC. Fitzgerald has worked in the Audio- While there have been many positive Joe Fitzgerald is one of the most be- reforms implemented in Romania, un- visual Program Development Branch at loved individuals ever to tread the NIH fortunately the situation of the the Lister Hill National Center for Bio- campus, and I wish him well in his re- Romani minority is largely the same. communications, which is part of the tirement. He is married to Jean Hill Romania has the largest Roma minor- National Library of Medicine at the Fitzgerald, another career civil servant ity in Europe, estimated at 1.5–2 mil- National Institutes of Health in Be- who currently works at the National lion people. They remain profoundly thesda, MD. Mr. Fitzgerald, who is a Archives. I thank Joe for distinguished marginalized and subjected to perva- renaissance man of creative vision and career in public service, and I wish him sive discrimination and prejudice. artistic talent, has made exceptional many years of happiness in retire- On April 13, for example, a soccer contributions to the outreach and com- ment.∑ match in Bucharest turned very, very munications mission of the largest bio- f ugly. Fans of one team, Steaua Bucha- medical library in the world. As tech- rest, unfurled a banner reading ‘‘We nological advances in the dissemina- HONORING THE ACCOMPLISH- MENTS OF MR. JIM HUFF have always had and will always have tion of both visual and text-based in- something against Gypsies.’’ They formation have evolved over the past 25 ∑ Mr. BUNNING. Mr. President, I pay chanted, ‘‘We have always hated Gyp- years, Mr. Fitzgerald has led the way tribute and congratulate Mr. Jim Huff sies and we have always urinated on in adopting computer-based graphics of Northern Kentucky who was re- you.’’ During the game, the stadium systems. And he has helped the Na- cently honored with one of the ‘‘Mov- announcer played an anti-Roma song tional Library of Medicine to commu- ers and Shakers’’ awards for the Great- called ‘‘Gypsies and UFOs’’ and made nicate the most current and reliable er Cincinnati area. Mr. Huffs life ac- anti-Roma remarks. The coach of medical and consumer health informa- complishments and dedication to Com- Steaua Bucharest called the coach of tion to medical professionals, research- monwealth of Kentucky have given me the opposing team a ‘‘stinking Gypsy.’’ ers, patients, families and the public. reason to be proud. The opposing team, Rapid Bucharest, is The number 25 figures prominently in Over the past 60 years, Mr. Huff has from a district with a significant the life story of Joe Fitzgerald for an- grown to be a leader both within the Romani minority. other reason, too. He recently became community of Northern Kentucky and Response to this rabid anti-Roma the 25th person in the history of the within the real estate industry. He has manifestation was swift with mixed re- Republic to execute a design for the served as chairman of the Kentucky sults. front of a circulating coin. His Real Estate Commission for five con- On April 20, the Romanian Football groundbreaking portrait of Thomas secutive terms. During this time he es- League suspended the stadium an- Jefferson graces the new U.S. five-cent tablished a statewide errors and omis- nouncer for 6 months. But the League coin, as will his obverse design of the sions insurance platform, which con- also sanctioned both teams that were Lewis and Clark expedition, which will tinues to serve the needs of Kentucky present at the April 13 match: Steaua be released in August. Both commis- real estate practitioners today. In 1981, Bucharest, the team responsible for sions were awarded as part of the he was awarded Realtor of the Year by hurling racist invective was fined, but United States Mint at the Treasury De- the Kenton-Boone Board of Realtors, so was Rapid Bucharest, the team partment’s Artistic Infusion Program. for which he later served as president. against whom these slurs were di- Mr. Fitzgerald’s portrait of Thomas Throughout his life, Mr. Huff has al- rected. While it is completely appro- Jefferson marks the first redesign of ways been active in civic affairs in priate for a sports league to police

VerDate Aug 04 2004 05:07 May 13, 2005 Jkt 039060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.077 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5069 itself and its members, sanctioning velop a Holocaust education curricula mittee on the Records of Congress: those who were the targets of this and courses in secondary schools and Susan Palmer of Aurora, Illinois. abuse makes no sense. No one will be universities. I hope the Government of At 6:19 p.m., a message from the fooled by the League’s effort to appear Romania will move quickly to imple- House of Representatives, delivered by pro-active and even-handed while pun- ment the Wiesel Commission’s rec- Ms. Niland, one of its reading clerks, ishing the very people who were the ommendations. announced that the House has passed victims of abuse. With this in mind, I was heartened to the following bill, in which it requests The National Council for Combating learn that in April the U.S. Embassy in the concurrence of the Senate: . Discrimination, a Romanian Govern- Bucharest hosted the premier of ‘‘Hid- H.R. 1544. An act to provide faster and ment body, also sanctioned the offend- den Sorrows,’’ a documentary about smarter funding for first responders, and for ing team about $1400 and fined the sta- the tragic deportation of 25,000 Roma other purposes. dium announcer about $600. The fact from Romania to Transnistria during The message also announced that that a governmental body so quickly the Holocaust; more than 11,000 men, pursuant to 20 U.S.C. 2004(b), and the recognized the racist nature of these women and children died from the hor- order of the House of January 4,2005, events was a positive signal. However, rific conditions of their internment. the Speaker appoints the following any time a state positions itself to reg- Several, nearly 100-year-old survivors Members of the House of Representa- ulate speech, there is the risk that free attended the premier, adding a deeply tives to the Board of Trustees of the speech, which may include unpopular personal element to the documentary’s Harry S Truman Scholarship Founda- or controversial views, will be unduly message. tion: Mr. AKIN of Missouri and Mr. limited. I believe there are other ways From the Inquisition to the Holo- SKELTON of Missouri. to combat racist, xenophobic, or anti- caust, Roma have suffered some of hu- The message further announced that Semitic manifestations. In particular, manity’s worst abuses. They were pursuant to 10 U.S.C. 6968(a), and the it is critical that Romania’s public enslaved in Romania until the forma- order of the House of January 4, 2005, leaders, including President Traian tion of the modern Romanian state in the Speaker appoints the following Basescu, speak out against such mani- 1864. They were persecuted and de- Members of the House of Representa- festations. ported and murdered during the Holo- tives to the Board of Visitors to the Unfortunately, the April 13 events caust. Even after the fall of Ceausescu, United States Naval Academy: Mr. were not an isolated phenomenon, but they were subjected to dozens of po- CUNNINGHAM of California and Mr. part of a pattern of racist abuse in Ro- groms. And yet they have survived. WICKER of Mississippi. mania. In 2002, scores of fans at a Bu- The Romani people, who have en- f charest soccer match worked in con- dured so much, should not be made to cert to display a massive sign reading suffer at a time that otherwise holds so MEASURES REFERRED ‘‘Die, Gypsy.’’ In 2003, like-minded fans much promise and hope for so many. The following bills were read the first displayed a sign reading ‘‘One million We must ensure that these people, and the second times by unanimous crows, one solution—Antonescu.’’ their culture, and their heritage are consent, and referred as indicated: ‘‘Crow’’ is a pejorative slang term in not destroyed by hatred and violence.∑ H.R. 1279. An act to amend title 18, United Romanian for a member of the Romani f States Code, to reduce violent gang crime minority. General Ion Antonescu was MESSAGES FROM THE HOUSE and protect law-abiding citizens and commu- Romania’s World War II fascist dic- nities from violent criminals, and for other tator who spearheaded the selection of At 12:33 p.m., a message from the purposes; to the Committee on the Judici- Roma for deportation to Transnistria. House of Representatives, delivered by ary. These manifestations tell us two Ms. Niland, one of its reading clerks, H.R. 1544. An act to provide faster and things. First, it is not enough for pub- announced that the House has passed smarter funding for first responders, and for lic leaders to leave it to the National the following bill, in which it requests other purposes; to the Committee on Home- Council for Combating Racism to the concurrence of the Senate: land Security and Governmental Affairs. speak out against these manifesta- H.R. 1279. An act to amend title 18, United f tions. Romania’s highest leaders must States Code, to reduce violent gang crime EXECUTIVE AND OTHER and protect law-abiding citizens and commu- stand up and confront such outrages. COMMUNICATIONS Those who would foment racism, and nities from violent criminals, and for other who potentially incite racist violence, purposes. The following communications were must be given no safe harbor. Invoking The message also announced that laid before the Senate, together with praise for the World War II dictator pursuant to section 637( d)(I) of the accompanying papers, reports, and doc- who oversaw the persecution of Roma- Help Commission Act (22 U.S.C. 2394b) uments, and were referred as indicated: nia’s Jews and Roma is despicable. and the order of the House of January EC–2099. A communication from the Prin- Second, these manifestations under- 4, 2005, the Speaker appoints the fol- cipal Deputy, Office of the Under Secretary score the need for continued efforts to lowing members on the part of the of Defense for Personnel and Readiness, De- improve Holocaust education in Roma- House of Representatives to the Help- partment of Defense, transmitting, pursuant to law, a list of officers authorized to wear nia. ing to Enhance the Livelihood of Peo- the insignia of brigadier general; to the Com- Following decades of denial, the Gov- ple (HELP) House Around the Globe mittee on Armed Services. ernment of Romania has made great Commission: Mr. Robert H. Michel of EC–2100. A communication from the Prin- strides in the past year in recognizing Washington, D.C., Mrs. Jennifer Dunn cipal Deputy, Personnel and Readiness, Of- Romania’s role in the Holocaust and in of Virginia, Mr. William C. Lane of Vir- fice of the Under Secretary of Defense, De- the deportation and death of Jewish ginia, and Mr. Nicholas Eberstadt of partment of Defense, transmitting, pursuant and Romani citizens. The government Virginia. to law, a report of officers authorized to is to be commended for taking steps to The message further announced that wear the insignia of the next higher grade to examine this dark and painful chapter pursuant to section 801 of Public Law the Committee on Armed Services. EC–2101. A communication from the Prin- in the country’s history. Last Novem- 101–696 (40 U.S.C. 188a(c)), the Chairman cipal Deputy, Office of the Under Secretary ber, the International Commission for (Mr. NEY) of the Joint Committee on of Defense for Personnel and Readiness, De- the Study of the Holocaust in Roma- the Library appoints the following partment of Defense, transmitting, pursuant nia, led by Elie Wiesel, officially issued Member of the House of Representa- to law, the authorization of the wearing of its findings in Bucharest. In addition tives as his designee to the Capitol the insignia of the grade of vice admiral; to to the establishment of a national Hol- Preservation Commission: Mr. MICA of the Committee on Armed Services. ocaust Remembrance Day, which Ro- Florida. EC–2102. A communication from the Prin- mania marks on October 9, the Com- The message also announced that cipal Deputy, Office of the Under Secretary of Defense for Personnel and Readiness, De- mission recommended that Romania pursuant to 44 U.S.C. 2702, the Clerk of partment of Defense, transmitting, pursuant establish a national Holocaust memo- the House appoints the following indi- to law, the authorization of the wearing of rial and museum in Bucharest, annul vidual on the part of the House of Rep- the insignia of the grade of admiral; to the war criminal rehabilitations and de- resentatives to the Advisory Com- Committee on Armed Services.

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.024 S12PT1 S5070 CONGRESSIONAL RECORD — SENATE May 12, 2005 EC–2103. A communication from the Prin- mitting, pursuant to law, a report entitled EC–2127. A communication from the Chair- cipal Deputy, Office of the Under Secretary ‘‘The Use of Specific Claims Payment Error man, Federal Maritime Commission, trans- of Defense for Personnel and Readiness, De- Rates to Improve Effectiveness and Perform- mitting, pursuant to law, the Commission’s partment of Defense, transmitting, pursuant ance of Medicare Contractor Provider Edu- Annual Program Performance Report for to law, the authorization of the wearing of cation and Outreach Programs’’; to the Com- Fiscal Year 2004; to the Committee on Home- the insignia of the grade of general; to the mittee on Finance. land Security and Governmental Affairs. Committee on Armed Services. EC–2117. A communication from the Regu- EC–2128. A communication from the Chief EC–2104. A communication from the Prin- lations Coordinator, Centers for Medicare Financial Officer, Department of Education, cipal Deputy, Office of the Under Secretary and Medicaid Services, Department of transmitting, pursuant to law, the Depart- of Defense for Personnel and Readiness, De- Health and Human Services, transmitting, ment’s Fiscal Year 2004 Performance and Ac- partment of Defense, transmitting, pursuant pursuant to law, the report of a rule entitled countability Report; to the Committee on to law, the authorization of the wearing of ‘‘Medicare Program; Prospective Payment Homeland Security and Governmental Af- the insignia of the grade of lieutenant gen- System for Long-Term Care Hospitals: An- fairs. eral; to the Committee on Armed Services. nual Payment Rate Updates, Policy Changes, EC–2129. A communication from the Chair- EC–2105. A communication from the Prin- and Clarification’’ (RIN0938–AN28) received man, Defense Nuclear Facilities Safety cipal Deputy, Office of the Under Secretary on May 4, 2005; to the Committee on Finance. Board, transmitting, pursuant to law, the of Defense for Personnel and Readiness, De- EC–2118. A communication from the Regu- Board’s Performance and Accountability Re- partment of Defense, transmitting, pursuant lations Coordinator, Centers for Medicare port for Fiscal Year 2004; to the Committee to law, the authorization of the wearing of and Medicaid Services, Department of on Homeland Security and Governmental Af- the insignia of the grade of lieutenant gen- Health and Human Services, transmitting, fairs. eral; to the Committee on Armed Services. pursuant to law, the report of a rule entitled EC–2130. A communication from Director, EC–2106. A communication from the Prin- ‘‘Medicare Program; Update of Ambulatory National Science Foundation, transmitting, cipal Deputy, Office of the Under Secretary Surgical Center List of Covered Procedures’’ pursuant to law, the Foundation’s Fiscal of Defense for Personnel and Readiness, De- (CMS–1478–IFC) received on May 4, 2005; to partment of Defense, transmitting, pursuant Year 2004 Performance Highlights Report; to the Committee on Finance. the Committee on Homeland Security and to law, the authorization of the wearing of EC–2119. A communication from the Acting the insignia of the grade of lieutenant gen- Governmental Affairs. Chief, Publications and Regulations Branch, EC–2131. A communication from the Chair- eral; to the Committee on Armed Services. Internal Revenue Service, Department of the EC–2107. A communication from the Direc- man, Securities and Exchange Commission, Treasury, transmitting, pursuant to law, the tor, Defense Procurement and Acquisition transmitting, pursuant to law, the Commis- report of a rule entitled ‘‘Diesel Fuel and Policy, Department of Defense, transmit- sion’s annual report summarizing its activi- Kerosene Excise Tax; Dye Injection’’ ting, pursuant to law, the report of a rule en- ties for calendar year 2004; to the Committee ((RIN1545–BE44)(TD 9199)) received on May 3, titled ‘‘Multiyear Contracting’’ (DFARS on Homeland Security and Governmental Af- 2005; to the Committee on Finance. Case 2004–D024) received on May 8, 2005; to fairs. EC–2120. A communication from the Acting the Committee on Armed Services. EC–2132. A communication from the Presi- EC–2108. A communication from the Direc- Chief, Publications and Regulations Branch, dent, Overseas Private Investment Corpora- tor, Defense Procurement and Acquisition Internal Revenue Service, Department of the tion (OPIC), transmitting, pursuant to law, Policy, Department of Defense, transmit- Treasury, transmitting, pursuant to law, the OPIC’s Management Report for Fiscal Year ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Section 29 Inflation 2004, the OPIC Fiscal Year 2006 Performance titled ‘‘Reporting Contract Performance Adjustment Factor’’ (Notice 2005–33) received Budget, OPIC Fiscal Year 2004 Performance Outside the United States’’ (DFARS Case on May 3, 2005; to the Committee on Finance. and Accountability Report, a Report on De- 2004–D001) received on May 3, 2005; to the EC–2121. A communication from the Acting velopment and U.S. Effects of OPIC’s Fiscal Committee on Armed Services. Chief, Publications and Regulations Branch, Year 2004 Projects, a Report on Cooperation EC–2109. A communication from the Direc- Internal Revenue Service, Department of the with Private Insurers, and a Report on the tor, Defense Procurement and Acquisition Treasury, transmitting, pursuant to law, the Environment; to the Committee on Home- Policy, Department of Defense, transmit- report of a rule entitled ‘‘Medical Rebates’’ land Security and Governmental Affairs. ting, pursuant to law, the report of a rule en- ((Rev. Rul. 2005–28)(RR–142416–02)) received f titled ‘‘Personal Services Contracts’’ on May 3, 2005; to the Committee on Finance. EC–2122. A communication from the Acting (DFARS Case 2003–D103) received on May 3, REPORTS OF COMMITTEES 2005; to the Committee on Armed Services. Chief, Publications and Regulations Branch, EC–2110. A communication from the Direc- Internal Revenue Service, Department of the The following reports of committees tor, Defense Procurement and Acquisition Treasury, transmitting, pursuant to law, the were submitted: report of a rule entitled ‘‘Electronic Submis- Policy, Department of Defense, transmit- By Mr. MCCAIN, from the Committee on sion under Rev. Rul. 2005–6’’ (Notice 2005–35) ting, pursuant to law, the report of a rule en- Indian Affairs, without amendment: received on May 4, 2005; to the Committee on titled ‘‘Unique Item Identification and Valu- S. 536. A bill to make technical corrections Finance. ation’’ (DFARS Case 2003–D081) received on to laws relating to Native Americans, and EC–2123. A communication from the Acting May 3, 2005; to the Committee on Armed for other purposes (Rept. No. 109–67). Services. Chief, Publications and Regulations Branch, EC–2111. A communication from the Sec- Internal Revenue Service, Department of the f Treasury, transmitting, pursuant to law, the retary of Labor, transmitting, pursuant to EXECUTIVE REPORT OF law, a report entitled ‘‘Trade and Employ- report of a rule entitled ‘‘Implementation of ment Effects of the Andean Trade Preference Election and Notice Provisions of Section 104 COMMITTEE Act’’; to the Committee on Finance. of the Pension Funding Equity Act’’ (Notice The following executive report of EC–2112. A communication from the Sec- 2005–40) received on May 4, 2005; to the Com- committee was submitted: retary of Labor, transmitting, pursuant to mittee on Finance. By Mr. SPECTER for the Committee on law, a report relative to the Andean Trade EC–2124. A communication from the Acting the Judiciary. Preference Act; to the Committee on Fi- Chief, Publications and Regulations Branch, William H. Pryor, Jr., of Alabama, to be nance. Internal Revenue Service, Department of the EC–2113. A communication from the Chair- Treasury, transmitting, pursuant to law, the United States Circuit Judge for the Eleventh man, Advisory Committee for Trade Policy report of a rule entitled ‘‘Designation of Circuit. Negotiations, transmitting, pursuant to law, Dividends by a RIC’’ (Rev. Rul. 2005–31) re- (Nominations without an asterisk the Committee’s report on the Extension of ceived on May 8, 2005; to the Committee on were reported with the recommenda- Trade Promotion Authority; to the Com- Finance. tion that they be confirmed.) mittee on Finance. EC–2125. A communication from the Acting EC–2114. A communication from the Sec- Chief, Publications and Regulations Branch, f retary of Health and Human Services, trans- Internal Revenue Service, Department of the mitting, pursuant to law, a report entitled Treasury, transmitting, pursuant to law, the INTRODUCTION OF BILLS AND ‘‘Implementation of the Medicare Prescrip- report of a rule entitled ‘‘Automatic Consent JOINT RESOLUTIONS tion Drug Benefit’’; to the Committee on Fi- to Change to the Alternative Tax Book The following bills and joint resolu- nance. Value Method for Expense Appointment’’ tions were introduced, read the first (Rev. Proc. 2005–28) received on May 8, 2005; EC–2115. A communication from the Chair- and second times by unanimous con- man, United States International Trade to the Committee on Finance. Commission, transmitting, pursuant to law, EC–2126. A communication from the Assist- sent, and referred as indicated: the report of and investigation entitled ‘‘The ant Attorney General, Office of Legislative By Mr. SANTORUM: Impact of Trade Agreements Implemented Affairs, Department of Justice, transmit- S. 1008. A bill to amend the Internal Rev- Under Trade Promotion Authority’’; to the ting, a report of proposed legislation relative enue Code of 1986 to add meningococcal vac- Committee on Finance. to extending the life of the United States Pa- cines to the list of taxable vaccines for pur- EC–2116. A communication from the Sec- role Commission; to the Committee on the poses of the Vaccine Injury Compensation retary of Health and Human Services, trans- Judiciary. Trust Fund; to the Committee on Finance.

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.032 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5071 By Mr. CRAPO (for himself and Mr. By Mr. DURBIN: S. 1031. A bill to enhance the reliability of CRAIG): S. 1019. A bill to amend titles 10 and 38, the electric system; to the Committee on En- S. 1009. A bill to direct the Secretary of the United States Code, to increase benefits for ergy and Natural Resources. Interior to extend certain water contracts in members of the Armed Forces who, after By Mrs. BOXER: Idaho, and for other purposes; to the Com- September 11, 2001, serve on active duty out- S. 1032. A bill to improve seaport security; mittee on Energy and Natural Resources. side the United States or its territories or to the Committee on Commerce, Science, By Mr. SANTORUM (for himself, Mr. possessions as part of a contingency oper- and Transportation. LIEBERMAN, Ms. COLLINS, Mr. BINGA- ation (including a humanitarian operation, By Mr. MCCAIN (for himself, Mr. KEN- MAN, Mr. NELSON of Nebraska, Ms. peacekeeping operation, or similar oper- NEDY, Mr. BROWNBACK, Mr. SNOWE, Mr. GRAHAM, Mr. JEFFORDS, ation) or a combat operation; to the Com- LIEBERMAN, Mr. GRAHAM, and Mr. Ms. LANDRIEU, and Mr. DORGAN): mittee on Finance. SALAZAR): S. 1010. A bill to amend title XVIII of the By Mr. COLEMAN (for himself and Mr. S. 1033. A bill to improve border security Social Security Act to improve patient ac- PRYOR): and immigration; to the Committee on the Judiciary. cess to, and utilization of, the colorectal S. 1020. A bill to make the United States cancer screening benefit under the Medicare competitive in a global economy; to the f Program; to the Committee on Finance. Committee on Finance. By Mr. ENZI (for himself and Mr. KEN- SUBMISSION OF CONCURRENT AND By Mr. JEFFORDS: SENATE RESOLUTIONS S. 1011. A bill to establish a national his- NEDY): S. 1021. A bill to reauthorize the Workforce toric country store preservation program; to The following concurrent resolutions Investment Act of 1998, and for other pur- the Committee on Commerce, Science, and and Senate resolutions were read, and poses; to the Committee on Health, Edu- Transportation. cation, Labor, and Pensions. referred (or acted upon), as indicated: By Mr. KENNEDY (for himself, Mr. By Mr. SMITH (for himself, Mrs. LIN- By Mr. BIDEN (for himself, Mr. SES- HARKIN, Ms. MIKULSKI, Mrs. MURRAY, COLN, and Mr. GRASSLEY): SIONS, and Mr. COBURN): Mr. REED, Mr. LEVIN, Mr. LAUTEN- S. 1022. A bill to amend the Internal Rev- S. Res. 136. A resolution designating the BERG, Mrs. BOXER, Mr. DORGAN, Mr. enue Code of 1986 to allow for an energy effi- month of May 2005 as ‘‘National Drug Court SCHUMER, Ms. CANTWELL, Mr. cient appliance credit; to the Committee on Month″; considered and agreed to. CORZINE, Mr. DAYTON, and Ms. Finance. By Mr. CORZINE (for himself, Mr. LAU- STABENOW): By Mr. DODD (for himself, Ms. SNOWE, TENBERG, Mr. BINGAMAN, Mr. DODD, S. 1012. A bill to amend the Public Health Mr. DURBIN, and Mr. BURNS): Mr. FEINGOLD, Mr. INOUYE, Mr. DUR- Service Act, the Employee Retirement In- S. 1023. A bill to provide for the establish- BIN, Mr. KERRY, Mr. KENNEDY, and come Security Act of 1974, and the Internal ment of a Digital Opportunity Investment Mrs. BOXER): Revenue Code of 1986 to protect consumers in Trust; to the Committee on Health, Edu- S. Res. 137. A resolution designating May 1, managed care plans and other health cov- cation, Labor, and Pensions. 2005, as ‘‘National Child Care Worthy Wage erage; to the Committee on Finance. By Mrs. CLINTON: Day″; considered and agreed to. By Mrs. FEINSTEIN (for herself, Mr. S. 1024. A bill to revitalize suburban com- By Mr. THOMAS (for himself, Mr. CORNYN, Mr. LAUTENBERG, Mrs. munities, and for other purposes; to the BURNS, Mr. INHOFE, Mr. DORGAN, Mr. HUTCHISON, Mrs. BOXER, Mr. CORZINE, Committee on Finance. CRAPO, Mr. SALAZAR, Mr. ENZI, Mr. Mr. SCHUMER, Mrs. CLINTON, Mr. NEL- By Mr. ROBERTS: ALLARD, Mr. BAUCUS, Mr. ALLEN, Mr. SON of Florida, and Mr. KENNEDY): S. 1025. A bill to amend the Act entitled STEVENS, Mr. MARTINEZ, Mr. BINGA- S. 1013. A bill to improve the allocation of ‘‘An Act to provide for the construction of MAN, and Mr. CRAIG): grants through the Department of Homeland the Cheney division, Wichita Federal rec- S. Res. 138. A resolution designating July Security, and for other purposes; to the Com- lamation project, Kansas, and for other pur- 23, 2005, ‘‘National Day of the American ″ mittee on Homeland Security and Govern- poses’’ to authorize the Equus Beds Division Cowboy ; considered and agreed to. mental Affairs. of the Wichita Project; to the Committee on By Mr. REID (for himself, Mr. FRIST, By Ms. SNOWE: Energy and Natural Resources. and Mr. MCCAIN): S. Res. 139. A resolution expressing support S. 1014. A bill to provide additional relief By Ms. LANDRIEU: for the withdrawal of Russian troops from for small business owners ordered to active S. 1026. A bill to ensure that offshore en- Georgia; considered and agreed to. duty as members of reserve components of ergy development on the outer Continental By Mr. MARTINEZ (for himself, Mr. the Armed Forces, and for other purposes; to Shelf continues to serve the needs of the NELSON of Florida, Mr. CORZINE, Mr. the Committee on Small Business and Entre- United States, to create opportunities for LUGAR, Mr. FEINGOLD, Mr. INHOFE, preneurship. new development and the use of alternative Mr. BAYH, Mr. DEWINE, Mr. LAUTEN- By Mr. DEMINT: resources, and for other purposes; to the BERG, Mr. SANTORUM, Mr. SALAZAR, S. 1015. A bill to amend the Public Health Committee on Energy and Natural Re- sources. Mr. COBURN, Mr. LIEBERMAN, Mr. Service Act to provide for cooperative gov- MCCAIN, Mr. CRAIG, Mrs. DOLE, Mr. erning of individual health insurance cov- By Mr. BUNNING: S. 1027. A bill to exempt the natural aging ENSIGN, Mr. VITTER, and Mr. ALLEN): erage offered in interstate commerce; to the process in the determination of the produc- S. Res. 140. A resolution expressing support Committee on Health, Education, Labor, and tion period for distilled spirits under section for the historic meeting in Havana of the As- Pensions. 263A of the Internal Revenue Code of 1986; to sembly to Promote the Civil Society in Cuba By Mr. MARTINEZ: the Committee on Finance. on May 20, 2005, as well as to all those coura- S. 1016. A bill to direct the Secretary of By Mrs. CLINTON (for herself and Ms. geous individuals who continue to advance Energy to make incentive payments to the COLLINS): liberty and democracy for the Cuban people; owners or operators of qualified desalination S. 1028. A bill to amend title 10, United to the Committee on Foreign Relations. facilities to partially offset the cost of elec- States Code, to enhance the protection of By Ms. MURKOWSKI (for herself, Mr. trical energy required to operate the facili- members of the Armed Forces and their JOHNSON, Mr. STEVENS, Mr. DURBIN, ties, and for other purposes; to the Com- spouses from unscrupulous financial services Mr. COLEMAN, Mr. DODD, and Mrs. mittee on Energy and Natural Resources. sales practices through increased consumer MURRAY): By Mr. CHAFEE (for himself, Mr. education, and for other purposes; to the S. Res. 141. A resolution designating Sep- INHOFE, Mr. JEFFORDS, Mrs. CLINTON, Committee on Armed Services. tember 9, 2005, as ‘‘National Fetal Alcohol Spectrum Disorders Awareness Day″; consid- Mr. LAUTENBERG, Mr. VITTER, Mr. By Mr. REED (for himself, Ms. COL- ered and agreed to. BAUCUS, Ms. MURKOWSKI, Mr. CRAPO, LINS, Mr. KENNEDY, and Mrs. MUR- By Mr. SMITH (for himself, Mrs. FEIN- Mr. ENZI, and Mr. CORZINE): RAY): S. 1017. A bill to reauthorize grants from S. 1029. A bill to amend the Higher Edu- STEIN, and Mr. DURBIN): the water resources research and technology cation Act of 1965 to expand college access S. Con. Res. 32. A concurrent resolution ex- institutes established under the Water Re- and increase college persistence, and for pressing the sense of Congress that the Gov- ernment of the Russian Federation should sources Research Act of 1984; to the Com- other purposes; to the Committee on Health, issue a clear and unambiguous statement of mittee on Environment and Public Works. Education, Labor, and Pensions. admission and condemnation of the illegal By Mr. SARBANES: By Mr. REED (for himself, Ms. COL- occupation and annexation by the Soviet S. 1018. A bill to provide that transit pass LINS, Mr. KENNEDY, and Mrs. MUR- Union from 1940 to 1991 of the Baltic coun- transportation fringe benefits be made avail- RAY): tries of Estonia, Latvia, and Lithuania; to able to all qualified Federal employees in the S. 1030. A bill to amend the Higher Edu- the Committee on Foreign Relations. National Capital Region; to allow passenger cation Act of 1965 to simplify and improve carriers which are owned or leased by the the process of applying for student assist- f Government to be used to transport Govern- ance, and for other purposes; to the Com- ADDITIONAL COSPONSORS ment employees between their place of em- mittee on Health, Education, Labor, and ployment and mass transit facilities, and for Pensions. S. 98 other purposes; to the Committee on Home- By Ms. CANTWELL (for herself, Mr. At the request of Mr. ALLARD, the land Security and Governmental Affairs. JEFFORDS, and Mrs. CLINTON): name of the Senator from Utah (Mr.

VerDate Aug 04 2004 05:07 May 13, 2005 Jkt 039060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.037 S12PT1 S5072 CONGRESSIONAL RECORD — SENATE May 12, 2005 HATCH) was added as a cosponsor of S. S. 440 Health Service Act to establish a Na- 98, a bill to amend the Bank Holding At the request of Mr. BUNNING, the tional Cord Blood Stem Cell Bank Net- Company Act of 1956 and the Revised name of the Senator from North Da- work to prepare, store, and distribute Statutes of the United States to pro- kota (Mr. DORGAN) was added as a co- human umbilical cord blood stem cells hibit financial holding companies and sponsor of S. 440, a bill to amend title for the treatment of patients and to national banks from engaging, directly XIX of the Social Security Act to in- support peer-reviewed research using or indirectly, in real estate brokerage clude podiatrists as physicians for pur- such cells. or real estate management activities, poses of covering physicians services S. 714 and for other purposes. under the medicaid program. At the request of Mr. SMITH, the S. 103 S. 467 name of the Senator from Virginia (Mr. At the request of Mr. TALENT, the At the request of Mr. SCHUMER, the ALLEN) was added as a cosponsor of S. name of the Senator from North Da- name of the Senator from Nevada (Mr. 714, a bill to amend section 227 of the kota (Mr. CONRAD) was added as a co- REID) was added as a cosponsor of S. Communications Act of 1934 (47 U.S.C. sponsor of S. 103, a bill to respond to 467, a bill to extend the applicability of 227) relating to the prohibition on junk the illegal production, distribution, the Terrorism Risk Insurance Act of fax transmissions. and use of methamphetamine in the 2002. S. 757 United States, and for other purposes. S. 471 At the request of Mr. CHAFEE, the S. 267 At the request of Mr. SPECTER, the names of the Senator from California At the request of Mr. BAUCUS, his names of the Senator from Arkansas (Mrs. FEINSTEIN), the Senator from Or- name was added as a cosponsor of S. (Mrs. LINCOLN), the Senator from Con- egon (Mr. SMITH), the Senator from 267, a bill to reauthorize the Secure necticut (Mr. LIEBERMAN) and the Sen- Maryland (Ms. MIKULSKI) and the Sen- Rural Schools and Community Self-De- ator from Maryland (Ms. MIKULSKI) ator from Rhode Island (Mr. REED) termination Act of 2000, and for other were added as cosponsors of S. 471, a were added as cosponsors of S. 757, a purposes. bill to amend the Public Health Serv- bill to amend the Public Health Serv- S. 313 ice Act to provide for human embry- ice Act to authorize the Director of the National Institute of Environmental At the request of Mr. LUGAR, the onic stem cell research. Health Sciences to make grants for the name of the Senator from Oregon (Mr. S. 558 development and operation of research SMITH) was added as a cosponsor of S. At the request of Mr. REID, the name centers regarding environmental fac- 313, a bill to improve authorities to ad- of the Senator from Michigan (Ms. tors that may be related to the eti- dress urgent nonproliferation crises STABENOW) was added as a cosponsor of ology of breast cancer. and United States nonproliferation op- S. 558, a bill to amend title 10, United S. 802 erations. States Code, to permit certain addi- At the request of Mr. BAUCUS, the S. 330 tional retired members of the Armed name of the Senator from Nevada (Mr. At the request of Mr. ENSIGN, the Forces who have a service-connected REID) was added as a cosponsor of S. name of the Senator from South Da- disability to receive both disability 802, a bill to establish a National kota (Mr. JOHNSON) was added as a co- compensation from the Department of Drought Council within the Depart- sponsor of S. 330, a bill to amend the Veterans Affairs for their disability ment of Agriculture, to improve na- Help America Vote Act of 2002 to re- and either retired pay by reason of tional drought preparedness, mitiga- quire a voter-verified permanent record their years of military service or Com- tion, and response efforts, and for other or hardcopy under title III of such Act, bat-Related Special compensation and purposes. and for other purposes. to eliminate the phase-in period under S. 853 S. 331 current law with respect to such con- current receipt. At the request of Mr. LUGAR, the At the request of Mr. JOHNSON, the name of the Senator from Alaska (Mr. S. 582 name of the Senator from Maine (Ms. STEVENS) was added as a cosponsor of COLLINS) was added as a cosponsor of S. At the request of Mr. PRYOR, the S. 853, a bill to direct the Secretary of 331, a bill to amend title 38, United name of the Senator from Georgia (Mr. State to establish a program to bolster States Code, to provide for an assured ISAKSON) was added as a cosponsor of S. the mutual security and safety of the adequate level of funding for veterans 582, a bill to require the Secretary of United States, Canada, and Mexico, health care. the Treasury to mint coins in com- and for other purposes. memoration of the 50th anniversary of S. 340 S. 859 the desegregation of the Little Rock At the request of Mr. LUGAR, the At the request of Mr. SANTORUM, the Central High School in Little Rock, name of the Senator from South Da- name of the Senator from Georgia (Mr. Arkansas, and for other purposes. kota (Mr. JOHNSON) was added as a co- ISAKSON) was added as a cosponsor of S. sponsor of S. 340, a bill to maintain the S. 594 859, a bill to amend the Internal Rev- free flow of information to the public At the request of Mr. SPECTER, the enue Code of 1986 to allow an income by providing conditions for the feder- name of the Senator from Virginia (Mr. tax credit for the provision of home- ally compelled disclosure of informa- WARNER) was added as a cosponsor of S. ownership and community develop- tion by certain persons connected with 594, a bill to amend section 1114 of title ment, and for other purposes. the news media. 11, United States Code, to preserve the S. 863 S. 390 health benefits of certain retired min- At the request of Mr. CONRAD, the At the request of Mr. DODD, the name ers. names of the Senator from Vermont of the Senator from Vermont (Mr. JEF- S. 637 (Mr. LEAHY) and the Senator from FORDS) was added as a cosponsor of S. At the request of Mr. DURBIN, the Montana (Mr. BURNS) were added as co- 390, a bill to amend title XVIII of the name of the Senator from Iowa (Mr. sponsors of S. 863, a bill to require the Social Security Act to provide for cov- HARKIN) was added as a cosponsor of S. Secretary of the Treasury to mint erage of ultrasound screening for ab- 637, a bill to establish a national health coins in commemoration of the cen- dominal aortic aneurysms under part B program administered by the Office of tenary of the bestowal of the Nobel of the medicare program. Personnel Management to offer health Peace Prize on President Theodore S. 438 benefits plans to individuals who are Roosevelt, and for other purposes. At the request of Mr. ENSIGN, the not Federal employees, and for other S. 865 name of the Senator from Arkansas purposes. At the request of Mr. VOINOVICH, the (Mr. PRYOR) was added as a cosponsor S. 681 name of the Senator from Oklahoma of S. 438, a bill to amend title XVIII of At the request of Mr. HATCH, the (Mr. INHOFE) was added as a cosponsor the Social Security Act to repeal the name of the Senator from Alaska (Ms. of S. 865, a bill to amend the Atomic medicare outpatient rehabilitation MURKOWSKI) was added as a cosponsor Energy Act of 1954 to reauthorize the therapy caps. of S. 681, a bill to amend the Public Price-Anderson provisions.

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.039 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5073 S. 967 (Mr. LAUTENBERG) and the Senator could tell a great tale, and the political At the request of Mr. LAUTENBERG, from Virginia (Mr. WARNER) were added banter was endless. the name of the Senator from Hawaii as cosponsors of amendment No. 732 in- With its antique cash register and (Mr. AKAKA) was added as a cosponsor tended to be proposed to H.R. 3, a bill woodstove, this was the quintessential of S. 967, a bill to amend the Commu- to authorize funds for Federal-aid high- general store. nications Act of 1934 to ensure that ways, highway safety programs, and Unfortunately, the Pierce Store prepackaged news stories contain an- transit programs, and for other pur- closed its doors some years back and nouncements that inform viewers that poses. Shrewsbury lost a vital part of its iden- the information within was provided by AMENDMENT NO. 733 tity. There has been a recent attempt to the United States Government, and for At the request of Mr. ALEXANDER, the other purposes. names of the Senator from Virginia revive the store, and I hope, for the sake of my community, it proves suc- S. 984 (Mr. WARNER), the Senator from Alas- cessful. At the request of Ms. SNOWE, the ka (Mr. STEVENS) and the Senator from Despite their small relative size and names of the Senator from North Caro- Mississippi (Mr. COCHRAN) were added market share, historic country stores lina (Mrs. DOLE) and the Senator from as cosponsors of amendment No. 733 in- have demonstrated incredible resil- Ohio (Mr. VOINOVICH) were added as co- tended to be proposed to H.R. 3, a bill iency, surviving floods and fires, over- sponsors of S. 984, a bill to amend the to authorize funds for Federal-aid high- coming economic downturns, and refor- Exchange Rates and International Eco- ways, highway safety programs, and mulating their inventories to meet nomic Policy Coordination Act of 1988 transit programs, and for other pur- modern needs. to clarify the definition of manipula- poses. tion with respect to currency, and for According to the Vermont Grocers’ other purposes. f Association, country stores account for S. RES. 104 STATEMENTS ON INTRODUCED an estimated $55 million annually in At the request of Mr. FEINGOLD, the BILLS AND JOINT RESOLUTIONS retail sales in Vermont. Nonetheless, competition from larger names of the Senator from New Jersey By Mr. JEFFORDS: (Mr. CORZINE), the Senator from Hawaii chain stores continues to increase. S. 1011. A bill to establish a national When coupled with the additional (Mr. INOUYE), the Senator from historic country store preservation cost and expertise required to maintain Vermont (Mr. LEAHY) and the Senator program; to the Committee on Com- from Wisconsin (Mr. KOHL) were added their aging structures and external fa- merce, Science, and Transportation. cades, today’s remaining country as cosponsors of S. Res. 104, a resolu- Mr. JEFFORDS. Mr. President, I stores are hard-pressed to overcome tion expressing the sense of the Senate have long been a proponent of meas- encouraging the active engagement of these unprecedented challenges. ures that support historic preservation In Vermont, a handful of historic Americans in world affairs and urging and economic development, and it is in the Secretary of State to take the lead country stores close each year and the keeping with that tradition that I rise cumulative impact of those losses is and coordinate with other govern- today to introduce the National His- mental agencies and non-governmental experienced throughout the State. toric Country Store Preservation Act The National Trust for Historic Pres- organizations in creating an online of 2005. ervation has listed the entire State of database of international exchange This bill establishes a national pro- programs and related opportunities. Vermont among America’s ‘‘Eleven gram to support historic country store Most Endangered Places,’’ AMENDMENT NO. 670 preservation that will aid in the revi- That is due to the threat that large- At the request of Mr. OBAMA, the talization of rural villages and commu- scale development poses to Vermont’s name of the Senator from Missouri nity centers nationwide. small, independent retailers. (Mr. BOND) was added as a cosponsor of For many Americans, the country Yet country stores remain fixtures of amendment No. 670 proposed to H.R. 3, store invokes an image of a simpler life Vermont’s landscape. The Vermont Al- a bill to authorize funds for Federal-aid before much of this country became liance of Independent Country Stores highways, highway safety programs, stamped with shopping malls and the estimates that more than 115 historic and transit programs, and for other ‘‘big-box’’ store. country stores are scattered about the purposes. But for thousands of people living in State. AMENDMENT NO. 681 Vermont and for millions more living Across the country, thousands of At the request of Mrs. CLINTON, the in rural communities across the United these establishments help to define the name of the Senator from Oklahoma States, a visit to the local country character of rural life. (Mr. INHOFE) was added as a cosponsor store is a regular part of one’s daily These country stores draw local cus- of amendment No. 681 proposed to H.R. life. tomers and tourists alike, offering con- 3, a bill to authorize funds for Federal- They are centers of commercial ac- venient access to newspapers, groceries aid highways, highway safety pro- tivity in the towns they serve and em- and local specialty foods in a typically grams, and transit programs, and for body the core of American small busi- neighborly atmosphere. other purposes. ness entrepreneurship. Many stores also double as local post AMENDMENT NO. 704 Many of these vital small businesses offices or outdoor camping and home At the request of Mr. VOINOVICH, the have been passed down among family hardware goods suppliers. It is not un- name of the Senator from Ohio (Mr. members for generations. They are op- usual, and highly recommended, that DEWINE) was added as a cosponsor of erated in buildings that have existed customers buy a fresh whole wedge of amendment No. 704 intended to be pro- for as long as 150 years. cheddar cheese from a 38-pound wheel posed to H.R. 3, a bill to authorize In fact, by one of the more vigorous next to the cash register. funds for Federal-aid highways, high- standards in Vermont, a country store Fathers can buy earthworms and way safety programs, and transit pro- is only considered historic if it was tackle and take their daughters to the grams, and for other purposes. built before the Winooski River Flood nearby fishing hole for an afternoon ex- AMENDMENT NO. 708 of 1927. cursion. At the request of Mr. SANTORUM, the In my hometown of Shrewsbury, VT, The National Historic Country Store name of the Senator from Pennsyl- the Pierce Store was the hub of our Preservation Act of 2005 is designed to vania (Mr. SPECTER) was added as a co- small community when my wife Liz build upon the momentum that coun- sponsor of amendment No. 708 proposed and I settled there in 1963. try store preservation work has gen- to H.R. 3, a bill to authorize funds for Run by the four Pierce siblings, Mar- erated in Vermont and to gather useful Federal-aid highways, highway safety jorie, Glendon, Marion and Gordon, the models and information to develop a programs, and transit programs, and store was the place to go for a neigh- program that supports historic, rural for other purposes. borly chat as much as for your milk country stores nationwide. AMENDMENT NO. 732 and butter. My legislation authorizes the U.S. At the request of Mr. DODD, the Children would get off the bus to buy Economic Development Administra- names of the Senator from New Jersey their penny candy. Glendon Pierce tion to make grants to national, State

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.040 S12PT1 S5074 CONGRESSIONAL RECORD — SENATE May 12, 2005 and local agencies and non-profit orga- (C) a national or State nonprofit trade or- volving fund, to be known as the ‘‘Historic nizations to support historic country ganization that— Country Store Revolving Loan Fund’’, con- store preservation efforts. (i) is described in section 501(c)(3), and ex- sisting of— The bill promotes the study of best empt from Federal tax under section 501(a), (1) such amounts as are appropriated to the Fund under subsection (b); practices for preserving structures, im- of the Internal Revenue Code of 1986; and (ii) acts as a cooperative to promote and (2) 1⁄3 of the amounts appropriated under proving profitability and promoting enhance country stores; and section 7(a); and collaboration among country store pro- (D) a State historic preservation office. (3) any interest earned on investment of prietors. (3) FUND.—The term ‘‘Fund’’ means the amounts in the Fund under subsection (d). In addition, the bill establishes a re- Historic Country Store Revolving Loan Fund (b) TRANSFERS TO FUND.—There are appro- volving loan fund. The fund will be established by section 5(a). priated to the Fund amounts equivalent to— used for research and restoration work. (4) HISTORIC COUNTRY STORE.—The term (1) the amounts repaid on loans under sec- It will be used to improve our under- ‘‘historic country store’’ means a country tion 6; and standing of existing needs and provide store that— (2) the amounts of the proceeds from the sales of notes, bonds, obligations, liens, the assistance required to address (A) has operated at the same location for at least 50 years; and mortgages and property delivered or as- them. (B) retains sufficient integrity of design, signed to the Secretary pursuant to loans This bill seeks to sustain America’s materials, and construction to clearly iden- made under section 6. rural heritage by uniting small busi- tify the structure as a country store. (c) EXPENDITURES FROM FUND.— ness development and historic preser- (5) SECRETARY.—The term ‘‘Secretary’’ (1) IN GENERAL.—Subject to paragraph (2), vation. means the Secretary of Commerce, acting on request by the Secretary, the Secretary of I encourage my colleagues to join me through the Assistant Secretary for Eco- the Treasury shall transfer from the Fund to in my efforts to protect our Nation’s nomic Development. the Secretary such amounts as the Secretary determines are necessary to provide loans historic country stores and revitalize SEC. 4. HISTORIC COUNTRY STORE PRESERVA- TION PROGRAM. under section 6. our rural communities. (2) ADMINISTRATIVE EXPENSES.—An amount I ask that a summary of the legisla- (a) ESTABLISHMENT.—The Secretary shall establish a historic country store preserva- not exceeding 10 percent of the amounts in tion be printed in the RECORD. the Fund shall be available for each fiscal There being no objection, the mate- tion program— (1) to collect and disseminate information year to pay the administrative expenses nec- rial was ordered to be printed in the on historic country stores; essary to carry out this Act. (d) INVESTMENT OF AMOUNTS.— RECORD, as follows: (2) to promote State and regional partner- (1) IN GENERAL.—The Secretary of the S. 1011 ships among proprietors of historic country Treasury shall invest such portion of the Be it enacted by the Senate and House of Rep- stores; and Fund as is not, in the judgment of the Sec- resentatives of the United States of America in (3) to sponsor and conduct research on— retary of the Treasury, required to meet cur- Congress assembled, (A) the economic impact of historic coun- rent withdrawals. SECTION 1. SHORT TITLE. try stores; (2) INTEREST-BEARING OBLIGATIONS.—Invest- This Act may be cited as the ‘‘National (B) best practices to— ments may be made only in interest-bearing Historic Country Store Preservation Act of (i) improve the profitability of historic obligations of the United States. 2005’’. country stores; and (3) ACQUISITION OF OBLIGATIONS.—For the (ii) protect historic country stores from SEC. 2. FINDINGS. purpose of investments under paragraph (1), Congress finds that— foreclosure or seizure; and obligations may be acquired— (1) historic country stores are lasting icons (C) best practices for developing coopera- (A) on original issue at the issue price; or of rural tradition in the United States; tive organizations that address the economic (B) by purchase of outstanding obligations (2) historic country stores are valuable and historic preservation needs of historic at the market price. contributors to the civic and economic vital- country stores. (4) SALE OF OBLIGATIONS.—Any obligation ity of their local communities; (b) GRANTS.— acquired by the Fund may be sold by the (3) historic country stores demonstrate in- (1) IN GENERAL.—The Secretary may make Secretary of the Treasury at the market novative approaches to historic preservation grants to, or enter into contracts or coopera- price. and small business practices; tive agreements with, eligible applicants to (5) CREDITS TO FUND.—The interest on, and (4) historic country stores are threatened carry out an eligible project under paragraph the proceeds from the sale or redemption of, by larger competitors and the costs associ- (2). any obligations held in the Fund shall be ated with maintaining older structures; and (2) ELIGIBLE PROJECTS.—A grant under this credited to and form a part of the Fund. subsection may be made to an eligible entity (5) the United States should— (e) TRANSFERS OF AMOUNTS.— for a project— (A) collect and disseminate information (1) IN GENERAL.—The amounts required to concerning the number, condition, and vari- (A) to rehabilitate or repair a historic be transferred to the Fund under this section ety of historic country stores; country store; shall be transferred at least monthly from (B) develop opportunities for cooperation (B) to identify, document, and conduct re- the general fund of the Treasury to the Fund among proprietors of historic country stores; search on historic country stores; and on the basis of estimates made by the Sec- and (C) to develop and evaluate appropriate retary of the Treasury. techniques or best practices for protecting (C) promote the long-term economic viabil- (2) ADJUSTMENTS.—Proper adjustment shall ity of historic country stores. historic country stores. be made in amounts subsequently trans- EQUIREMENTS.—An eligible applicant SEC. 3. DEFINITIONS. (3) R ferred to the extent prior estimates were in that receives a grant for an eligible project In this Act: excess of or less than the amounts required under paragraph (1) shall comply with all ap- (1) COUNTRY STORE.— to be transferred. plicable requirements for historic preserva- (A) IN GENERAL.—The term ‘‘country SEC. 6. LOANS FOR HISTORIC COUNTRY STORE store’’ means a structure independently tion projects under Federal, State, and local REHABILITATION OR REPAIR owned and formerly or currently operated as law. PROJECTS. a business that— (c) COUNTRY STORE ALLIANCE PILOT (a) IN GENERAL.—Using amounts in the (i) sells or sold grocery items and other PROJECT.—The Secretary shall carry out a Fund, the Secretary may make loans to his- small retail goods; and pilot project in the State of Vermont under toric country store proprietors and eligible (ii) is located in a nonmetropolitan area, as which the Secretary shall conduct dem- applicants for projects to purchase, rehabili- defined by the Secretary. onstration activities to preserve historic tate, or repair historic country stores. (B) INCLUSION.—The term ‘‘country store’’ country stores, including— (b) APPLICATIONS.— includes a cooperative. (1) the collection and dissemination of in- (1) IN GENERAL.—To be eligible for a loan (2) ELIGIBLE APPLICANT.—The term ‘‘eligi- formation on historic country stores in the under this section, a country store propri- ble applicant’’ means— State; etor or eligible applicant shall submit to the (A) a State department of commerce or (2) the development of collaborative coun- Secretary an application for a loan. economic development; try store marketing and purchasing tech- (2) CONSIDERATIONS FOR APPROVAL OR DIS- (B) a national or State nonprofit organiza- niques; and APPROVAL.—In determining whether to ap- tion that— (3) the development of best practices for prove or disapprove an application for a loan (i) is described in section 501(c)(3), and ex- historic country store proprietors and com- submitted under paragraph (1), the Secretary empt from Federal tax under section 501(a), munities facing transitions involved in the shall consider— of the Internal Revenue Code of 1986; and sale or closure of a historic country store. (A) the demonstrated need for the pur- (ii) has experience or expertise, as deter- SEC. 5. HISTORIC COUNTRY STORE REVOLVING chase, construction, reconstruction, or ren- mined by the Secretary, in the identifica- LOAN FUND. ovation of the historic country store based tion, evaluation, rehabilitation, or preserva- (a) ESTABLISHMENT.—There is established on the condition of the historic country tion of historic country stores; in the Treasury of the United States a re- store;

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.071 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5075 (B) the age of the historic country store; sions are too often made by insurance drugs, even if they are not on the and industry accountants, and not their HMO’s list. Equally important, our bill (C) the extent to which the project to pur- doctors. HMO profits too often take guarantees that these drugs will be chase, rehabilitate, or repair the historic priority over patient needs. It is time provided at a cost no greater than the country store includes collaboration among historic country store proprietors and other for Congress to end the abuses of pa- normal cost-sharing for other medica- eligible applicants. tients and physicians by HMOs and the tions. Access to needed drugs is a con- (c) REQUIREMENTS.—An eligible applicant insurance industry. Too often, man- cern for every family, particularly that receives a loan for a project under this aged care is mismanaged care. No when new cures are increasingly based section shall comply with all applicable amount of distortions or smokescreens on new drugs today. standards for historic preservation projects by insurance companies can change the The list of abuses goes on and on. under Federal, State, and local law. facts. People across the country know these SEC. 7. AUTHORIZATION OF APPROPRIATIONS. The Patients’ Bill of Rights can stop abuses are wrong. Managed care prac- (a) IN GENERAL.—There is authorized to be these abuses. For millions of Ameri- tices that cause these tragedies cost appropriated to carry out this Act, $50,000,000 cans who rely on health insurance to lives, and ending these abuses is a mat- for the period of fiscal years 2006 through protect them when serious illness ter of simple justice and common de- 2011, to remain available until expended. cency. (b) COUNTRY STORE ALLIANCE PILOT strikes, the Patients’ Bill of Rights is The Patients’ Bill of Rights will pro- PROJECT.—Of the amount made available literally a matter of life and death. under subsection (a), not less than $250,000 It’s important to remember what this tect families from insurance company shall be made available to carry out section debate is really about. It’s not about bureaucracies that rob them of their 4(c). lawyers. It’s not about insurance com- peace of mind, their health, or even SENATOR JAMES M. JEFFORDS SUMMARY panies. It’s about patients—mothers their lives. The bill is a guarantee that NATIONAL HISTORIC COUNTRY STORE and daughters, fathers and sons, sisters medical decisions will be made by doc- PRESERVATION ACT OF 2005—MAY 12, 2005 and brothers. It’s about families tors and patients, not managed care ac- The National Historic Country Store Pres- around the country who will someday countants. It is actively supported by ervation Act of 2005 authorizes the Secretary face the challenge of serious illness and doctors, nurses, patients, small busi- of the Economic Development Administra- deserve the best in health care—the nesses, religious organizations, and tion to establish a National Historic Country same care that all members of the Sen- working families. The support is im- Store Preservation Program. This program ate want for ourselves and our loved pressive in its breadth, its depth and will sponsor and conduct research on the ones. But too many families are denied its diversity. economic impact of historic country stores It is time to guarantee these basic and on best practices for improving profit- the care they need and deserve because of abuses by HMOs and other insurance rights for patients. It is time for Con- ability and addressing their historic preser- gress to pass this bill. Every doctor vation and small business development companies. needs. The National Historic Country Store The legislation we are introducing knows it. Every nurse knows it. Every Preservation Program will offer small grants today will end those abuses. Several of patient knows it. And every Senator and revolving loans to State and local agen- its provisions are especially impor- knows it too. cies, non-profit organizations, and historic tant—specialty care, clinical trials, I ask unanimous consent that the country store proprietors for the purpose of and prescription drugs. text of the bill be printed in the historic country store preservation projects. In each of these areas, care is too RECORD. In addition, the bill authorizes a Country There being no objection, the bill was Store Alliance Pilot Project to be conducted often delayed or denied by insurance companies more interested in profits ordered to be printed in the RECORD, as in Vermont. The bill authorizes $50 million follows: to be appropriated for the period of fiscal than patients. Access to specialty care years 2006 through 2010. for serious and complex illnesses is a S. 1012 critical element of good health care. Be it enacted by the Senate and House of Rep- By Mr. KENNEDY (for himself, resentatives of the United States of America in Yet denial of needed specialists is one Congress assembled, Mr. HARKIN, Ms. MIKULSKI, Mrs. of the most common abuses in the cur- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. MURRAY, Mr. REED, Mr. LEVIN, rent system. (a) SHORT TITLE.—This Act may be cited as Mr. LAUTENBERG, Mrs. BOXER, Patients with cancer and other seri- the ‘‘Patients’ Bill of Rights Act of 2005’’. Mr. DORGAN, Mr. SCHUMER, Ms. ous illnesses need specialty care. Often, (b) TABLE OF CONTENTS.—The table of con- CANTWELL, Mr. CORZINE, Mr. their best hope for a cure or for pre- tents of this Act is as follows: DAYTON, and Ms. STABENOW): cious extra years of life is participa- Sec. 1. Short title; table of contents. S. 1012. A bill to amend the Public tion in a clinical trial. But too often, TITLE I—IMPROVING MANAGED CARE Health Service Act, the Employee Re- both are lacking. Patients with cancer SUBTITLE A—UTILIZATION REVIEW; CLAIMS; tirement Income Security Act of 1974, or other serious illnesses and their AND INTERNAL AND EXTERNAL APPEALS and the Internal Revenue Code of 1986 physicians must fight HMOs to take Sec. 101. Utilization review activities. to protect consumers in managed care advantage of this opportunity. Sec. 102. Procedures for initial claims for plans and other health coverage; to the Traditionally, insurance companies benefits and prior authorization determinations. Committee on Finance. have paid for the routine costs of doc- Sec. 103. Internal appeals of claims denials. Mr. KENNEDY. Mr. President, it is tors and hospitals in clinical trials. Sec. 104. Independent external appeals pro- time for a new effort in Congress to But HMOs frequently refuse to do so, cedures. enact the Patients’ Bill of Rights. The with devastating effects on patients Sec. 105. Health Care Consumer Assistance Senate has approved major bipartisan and research alike. Our legislation will Fund. legislation to end the abuses of man- end this abuse. SUBTITLE B—ACCESS TO CARE aged care and HMOs before, but final Another abuse that will be ended by Sec. 111. Consumer choice option. Sec. 112. Choice of health care professional. enactment of this important measure our plan is the denial of medically nec- Sec. 113. Access to emergency care. was blocked by the HMOs and the vest- essary drugs not on an HMO plan’s list. Sec. 114. Timely access to specialists. ed interests of the corporate world that One group that suffers from this denial Sec. 115. Patient access to obstetrical and deny working Americans their basic is the mentally ill. Some of the most gynecological care. rights and a needed voice in chal- dramatic advances in medicine in re- Sec. 116. Access to pediatric care. Sec. 117. Continuity of care. lenging decisions that deny them basic cent years have been the development Sec. 118. Access to needed prescription medical care. It was blocked too by an of effective drugs to treat persons with drugs. administration that professes to sup- serious mental illness. Too often, how- Sec. 119. Coverage for individuals partici- port patients’ rights, but does all it can ever, they’re told to settle for older, pating in approved clinical to block legislation to guarantee those cheaper, less effective drugs with trials. rights. Sec. 120. Required coverage for minimum harmful side effects, because an HMO hospital stay for mastectomies Despite our outstanding researchers refuses to pay for the best standard of and lymph node dissections for and professionals, families across the care. the treatment of breast cancer country are overwhelmingly and jus- Our legislation guarantees that pa- and coverage for secondary con- tifiably concerned that medical deci- tients can get medically necessary sultations.

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SUBTITLE C—ACCESS TO INFORMATION TITLE I—IMPROVING MANAGED CARE thing of value to its employees, agents, or Sec. 121. Patient access to information. Subtitle A—Utilization Review; Claims; and contractors in a manner that encourages de- SUBTITLE D—PROTECTING THE DOCTOR- Internal and External Appeals nials of claims for benefits. (C) PROHIBITION OF CONFLICTS.—Such a pro- PATIENT RELATIONSHIP SEC. 101. UTILIZATION REVIEW ACTIVITIES. gram shall not permit a health care profes- Sec. 131. Prohibition of interference with (a) COMPLIANCE WITH REQUIREMENTS.— sional who is providing health care services certain medical communica- (1) IN GENERAL.—A group health plan, and to an individual to perform utilization re- tions. a health insurance issuer that provides view activities in connection with the health Sec. 132. Prohibition of discrimination health insurance coverage, shall conduct uti- care services being provided to the indi- against providers based on li- lization review activities in connection with vidual. censure. the provision of benefits under such plan or (3) ACCESSIBILITY OF REVIEW.—Such a pro- Sec. 133. Prohibition against improper in- coverage only in accordance with a utiliza- gram shall provide that appropriate per- centive arrangements. tion review program that meets the require- sonnel performing utilization review activi- Sec. 134. Payment of claims. ments of this section and section 102. Sec. 135. Protection for patient advocacy. ties under the program, including the utili- (2) USE OF OUTSIDE AGENTS.—Nothing in zation review administrator, are reasonably SUBTITLE E—DEFINITIONS this section shall be construed as preventing accessible by toll-free telephone during nor- Sec. 151. Definitions. a group health plan or health insurance mal business hours to discuss patient care Sec. 152. Preemption; State flexibility; con- issuer from arranging through a contract or and allow response to telephone requests, struction. otherwise for persons or entities to conduct Sec. 153. Exclusions. and that appropriate provision is made to re- utilization review activities on behalf of the ceive and respond promptly to calls received Sec. 154. Treatment of excepted benefits. plan or issuer, so long as such activities are Sec. 155. Regulations. during other hours. conducted in accordance with a utilization Sec. 156. Incorporation into plan or coverage (4) LIMITS ON FREQUENCY.—Such a program review program that meets the requirements documents. shall not provide for the performance of uti- Sec. 157. Preservation of protections. of this section. lization review activities with respect to a (3) UTILIZATION REVIEW DEFINED.—For pur- TITLE II—APPLICATION OF QUALITY class of services furnished to an individual poses of this section, the terms ‘‘utilization CARE STANDARDS TO GROUP HEALTH more frequently than is reasonably required review’’ and ‘‘utilization review activities’’ PLANS AND HEALTH INSURANCE COV- to assess whether the services under review mean procedures used to monitor or evaluate ERAGE UNDER THE PUBLIC HEALTH are medically necessary and appropriate. the use or coverage, clinical necessity, ap- SERVICE ACT SEC. 102. PROCEDURES FOR INITIAL CLAIMS FOR propriateness, efficacy, or efficiency of BENEFITS AND PRIOR AUTHORIZA- Sec. 201. Application to group health plans health care services, procedures or settings, TION DETERMINATIONS. and group health insurance cov- and includes prospective review, concurrent (a) PROCEDURES OF INITIAL CLAIMS FOR erage. review, second opinions, case management, BENEFITS.— Sec. 202. Application to individual health in- discharge planning, or retrospective review. (1) IN GENERAL.—A group health plan, and surance coverage. (b) WRITTEN POLICIES AND CRITERIA.— a health insurance issuer offering health in- Sec. 203. Cooperation between Federal and (1) WRITTEN POLICIES.—A utilization review surance coverage, shall— State authorities. program shall be conducted consistent with (A) make a determination on an initial TITLE III—APPLICATION OF PATIENT written policies and procedures that govern claim for benefits by a participant, bene- PROTECTION STANDARDS TO FEDERAL all aspects of the program. ficiary, or enrollee (or authorized represent- HEALTH INSURANCE PROGRAMS (2) USE OF WRITTEN CRITERIA.— ative) regarding payment or coverage for Sec. 301. Application of patient protection (A) IN GENERAL.—Such a program shall uti- items or services under the terms and condi- standards to Federal health in- lize written clinical review criteria devel- tions of the plan or coverage involved, in- surance programs. oped with input from a range of appropriate cluding any cost-sharing amount that the TITLE IV—AMENDMENTS TO THE EM- actively practicing health care professionals, participant, beneficiary, or enrollee is re- PLOYEE RETIREMENT INCOME SECU- as determined by the plan, pursuant to the quired to pay with respect to such claim for RITY ACT OF 1974 program. Such criteria shall include written benefits; and Sec. 401. Application of patient protection clinical review criteria that are based on (B) notify a participant, beneficiary, or en- standards to group health plans valid clinical evidence where available and rollee (or authorized representative) and the and group health insurance cov- that are directed specifically at meeting the treating health care professional involved re- erage under the Employee Re- needs of at-risk populations and covered in- garding a determination on an initial claim tirement Income Security Act dividuals with chronic conditions or severe for benefits made under the terms and condi- of 1974. illnesses, including gender-specific criteria tions of the plan or coverage, including any Sec. 402. Availability of civil remedies. and pediatric-specific criteria where avail- cost-sharing amounts that the participant, Sec. 403. Cooperation between Federal and able and appropriate. beneficiary, or enrollee may be required to State authorities. (B) CONTINUING USE OF STANDARDS IN RET- make with respect to such claim for benefits, TITLE V—AMENDMENTS TO THE ROSPECTIVE REVIEW.—If a health care service and of the right of the participant, bene- INTERNAL REVENUE CODE OF 1986 has been specifically pre-authorized or ap- ficiary, or enrollee to an internal appeal proved for a participant, beneficiary, or en- under section 103. SUBTITLE A—APPLICATION OF PATIENT rollee under such a program, the program (2) ACCESS TO INFORMATION.— PROTECTION PROVISIONS shall not, pursuant to retrospective review, (A) TIMELY PROVISION OF NECESSARY INFOR- Sec. 501. Application to group health plans revise or modify the specific standards, cri- MATION.—With respect to an initial claim for under the Internal Revenue teria, or procedures used for the utilization benefits, the participant, beneficiary, or en- Code of 1986. review for procedures, treatment, and serv- rollee (or authorized representative) and the Sec. 502. Conforming enforcement for wom- ices delivered to the enrollee during the treating health care professional (if any) en’s health and cancer rights. same course of treatment. shall provide the plan or issuer with access UBTITLE EALTH ARE OVERAGE CCESS S B—H C C A (C) REVIEW OF SAMPLE OF CLAIMS DENIALS.— to information requested by the plan or TAX INCENTIVES Such a program shall provide for a periodic issuer that is necessary to make a deter- Sec. 511. Credit for health insurance ex- evaluation of the clinical appropriateness of mination relating to the claim. Such access penses of small businesses. at least a sample of denials of claims for ben- shall be provided not later than 5 days after Sec. 512. Certain grants by private founda- efits. the date on which the request for informa- tions to qualified health benefit (c) CONDUCT OF PROGRAM ACTIVITIES.— tion is received, or, in a case described in purchasing coalitions. (1) ADMINISTRATION BY HEALTH CARE PRO- subparagraph (B) or (C) of subsection (b)(1), Sec. 513. State grant program for market in- FESSIONALS.—A utilization review program by such earlier time as may be necessary to novation. shall be administered by qualified health comply with the applicable timeline under Sec. 514. Grant program to facilitate health care professionals who shall oversee review such subparagraph. benefits information for small decisions. (B) LIMITED EFFECT OF FAILURE ON PLAN OR employers. (2) USE OF QUALIFIED, INDEPENDENT PER- ISSUER’S OBLIGATIONS.—Failure of the partic- Sec. 515. State grant program for market in- SONNEL.— ipant, beneficiary, or enrollee to comply novation. (A) IN GENERAL.—A utilization review pro- with the requirements of subparagraph (A) TITLE VI—EFFECTIVE DATES; gram shall provide for the conduct of utiliza- shall not remove the obligation of the plan COORDINATION IN IMPLEMENTATION tion review activities only through personnel or issuer to make a decision in accordance Sec. 601. Effective dates. who are qualified and have received appro- with the medical exigencies of the case and Sec. 602. Coordination in implementation. priate training in the conduct of such activi- as soon as possible, based on the available in- Sec. 603. Severability. ties under the program. formation, and failure to comply with the TITLE VII—MISCELLANEOUS (B) PROHIBITION OF CONTINGENT COMPENSA- time limit established by this paragraph PROVISIONS TION ARRANGEMENTS.—Such a program shall shall not remove the obligation of the plan Sec. 701. No impact on Social Security Trust not, with respect to utilization review activi- or issuer to comply with the requirements of Fund. ties, permit or provide compensation or any- this section.

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(3) ORAL REQUESTS.—In the case of a claim would exceed the coverage limitations for (A) IN GENERAL.—A group health plan, and for benefits involving an expedited or con- such care. a health insurance issuer offering health in- current determination, a participant, bene- (2) RETROSPECTIVE DETERMINATION.—A surance coverage, shall ensure that a partici- ficiary, or enrollee (or authorized represent- group health plan, and a health insurance pant, beneficiary, or enrollee (or authorized ative) may make an initial claim for benefits issuer offering health insurance coverage, representative) has a period of not less than orally, but a group health plan, or health in- shall make a retrospective determination on 180 days beginning on the date of a denial of surance issuer offering health insurance cov- a claim for benefits in accordance with the a claim for benefits under section 102 in erage, may require that the participant, ben- medical exigencies of the case and as soon as which to appeal such denial under this sec- eficiary, or enrollee (or authorized represent- possible, but not later than 30 days after the tion. ative) provide written confirmation of such date on which the plan or issuer receives in- (B) DATE OF DENIAL.—For purposes of sub- request in a timely manner on a form pro- formation that is reasonably necessary to paragraph (A), the date of the denial shall be vided by the plan or issuer. In the case of enable the plan or issuer to make a deter- deemed to be the date as of which the partic- such an oral request for benefits, the making mination on the claim, or, if earlier, 60 days ipant, beneficiary, or enrollee knew of the of the request (and the timing of such re- after the date of receipt of the claim for ben- denial of the claim for benefits. quest) shall be treated as the making at that efits. (3) FAILURE TO ACT.—The failure of a plan time of a claim for such benefits without re- (c) NOTICE OF A DENIAL OF A CLAIM FOR or issuer to issue a determination on a claim gard to whether and when a written con- BENEFITS.—Written notice of a denial made for benefits under section 102 within the ap- firmation of such request is made. under an initial claim for benefits shall be plicable timeline established for such a de- termination under such section is a denial of (b) TIMELINE FOR MAKING DETERMINA- issued to the participant, beneficiary, or en- a claim for benefits for purposes this subtitle TIONS.— rollee (or authorized representative) and the as of the date of the applicable deadline. (1) PRIOR AUTHORIZATION DETERMINATION.— treating health care professional in accord- (4) PLAN WAIVER OF INTERNAL REVIEW.—A (A) IN GENERAL.—A group health plan, and ance with the medical exigencies of the case group health plan, or health insurance issuer a health insurance issuer offering health in- and as soon as possible, but in no case later offering health insurance coverage, may surance coverage, shall make a prior author- than 2 days after the date of the determina- waive the internal review process under this ization determination on a claim for benefits tion (or, in the case described in subpara- graph (B) or (C) of subsection (b)(1), within section. In such case the plan or issuer shall (whether oral or written) in accordance with provide notice to the participant, bene- the medical exigencies of the case and as the 72-hour or applicable period referred to in such subparagraph). ficiary, or enrollee (or authorized represent- soon as possible, but in no case later than 14 ative) involved, the participant, beneficiary, (d) REQUIREMENTS OF NOTICE OF DETER- days from the date on which the plan or or enrollee (or authorized representative) in- MINATIONS.—The written notice of a denial of issuer receives information that is reason- volved shall be relieved of any obligation to ably necessary to enable the plan or issuer to a claim for benefits determination under subsection (c) shall be provided in printed complete the internal review involved, and make a determination on the request for may, at the option of such participant, bene- form and written in a manner calculated to prior authorization and in no case later than ficiary, enrollee, or representative proceed be understood by the participant, bene- 28 days after the date of the claim for bene- directly to seek further appeal through ex- ficiary, or enrollee and shall include— fits is received. ternal review under section 104 or otherwise. (1) the specific reasons for the determina- (B) EXPEDITED DETERMINATION.—Notwith- (b) TIMELINES FOR MAKING DETERMINA- tion (including a summary of the clinical or standing subparagraph (A), a group health TIONS.— scientific evidence used in making the deter- plan, and a health insurance issuer offering (1) ORAL REQUESTS.—In the case of an ap- health insurance coverage, shall expedite a mination); peal of a denial of a claim for benefits under prior authorization determination on a claim (2) the procedures for obtaining additional this section that involves an expedited or for benefits described in such subparagraph information concerning the determination; concurrent determination, a participant, when a request for such an expedited deter- and beneficiary, or enrollee (or authorized rep- mination is made by a participant, bene- (3) notification of the right to appeal the resentative) may request such appeal orally. ficiary, or enrollee (or authorized represent- determination and instructions on how to A group health plan, or health insurance ative) at any time during the process for initiate an appeal in accordance with section issuer offering health insurance coverage, making a determination and a health care 103. may require that the participant, bene- professional certifies, with the request, that (e) DEFINITIONS.—For purposes of this part: ficiary, or enrollee (or authorized represent- a determination under the procedures de- (1) AUTHORIZED REPRESENTATIVE.—The ative) provide written confirmation of such scribed in subparagraph (A) would seriously term ‘‘authorized representative’’ means, request in a timely manner on a form pro- jeopardize the life or health of the partici- with respect to an individual who is a partic- vided by the plan or issuer. In the case of pant, beneficiary, or enrollee or the ability ipant, beneficiary, or enrollee, any health such an oral request for an appeal of a de- of the participant, beneficiary, or enrollee to care professional or other person acting on nial, the making of the request (and the tim- maintain or regain maximum function. Such behalf of the individual with the individual’s ing of such request) shall be treated as the determination shall be made in accordance consent or without such consent if the indi- making at that time of a request for an ap- with the medical exigencies of the case and vidual is medically unable to provide such peal without regard to whether and when a as soon as possible, but in no case later than consent. written confirmation of such request is 72 hours after the time the request is re- (2) CLAIM FOR BENEFITS.—The term ‘‘claim made. ceived by the plan or issuer under this sub- for benefits’’ means any request for coverage (2) ACCESS TO INFORMATION.— paragraph. (including authorization of coverage), for eli- (A) TIMELY PROVISION OF NECESSARY INFOR- (C) ONGOING CARE.— gibility, or for payment in whole or in part, MATION.—With respect to an appeal of a de- (i) CONCURRENT REVIEW.— for an item or service under a group health nial of a claim for benefits, the participant, (I) IN GENERAL.—Subject to clause (ii), in plan or health insurance coverage. beneficiary, or enrollee (or authorized rep- the case of a concurrent review of ongoing (3) DENIAL OF CLAIM FOR BENEFITS.—The resentative) and the treating health care care (including hospitalization), which re- term ‘‘denial’’ means, with respect to a professional (if any) shall provide the plan or sults in a termination or reduction of such claim for benefits, a denial (in whole or in issuer with access to information requested care, the plan or issuer must provide by tele- part) of, or a failure to act on a timely basis by the plan or issuer that is necessary to phone and in printed form notice of the con- upon, the claim for benefits and includes a make a determination relating to the appeal. current review determination to the indi- failure to provide benefits (including items Such access shall be provided not later than vidual or the individual’s designee and the and services) required to be provided under 5 days after the date on which the request for individual’s health care provider in accord- this title. information is received, or, in a case de- ance with the medical exigencies of the case (4) TREATING HEALTH CARE PROFESSIONAL.— scribed in subparagraph (B) or (C) of para- and as soon as possible, with sufficient time The term ‘‘treating health care professional’’ graph (3), by such earlier time as may be prior to the termination or reduction to means, with respect to services to be pro- necessary to comply with the applicable allow for an appeal under section 103(b)(3) to vided to a participant, beneficiary, or en- timeline under such subparagraph. be completed before the termination or re- rollee, a health care professional who is pri- (B) LIMITED EFFECT OF FAILURE ON PLAN OR duction takes effect. marily responsible for delivering those serv- ISSUER’S OBLIGATIONS.—Failure of the partic- (II) CONTENTS OF NOTICE.—Such notice ices to the participant, beneficiary, or en- ipant, beneficiary, or enrollee to comply shall include, with respect to ongoing health rollee. with the requirements of subparagraph (A) care items and services, the number of ongo- SEC. 103. INTERNAL APPEALS OF CLAIMS DENI- shall not remove the obligation of the plan ing services approved, the new total of ap- ALS. or issuer to make a decision in accordance proved services, the date of onset of services, (a) RIGHT TO INTERNAL APPEAL.— with the medical exigencies of the case and and the next review date, if any, as well as a (1) IN GENERAL.—A participant, bene- as soon as possible, based on the available in- statement of the individual’s rights to fur- ficiary, or enrollee (or authorized represent- formation, and failure to comply with the ther appeal. ative) may appeal any denial of a claim for time limit established by this paragraph (ii) RULE OF CONSTRUCTION.—Clause (i) benefits under section 102 under the proce- shall not remove the obligation of the plan shall not be construed as requiring plans or dures described in this section. or issuer to comply with the requirements of issuers to provide coverage of care that (2) TIME FOR APPEAL.— this section.

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(3) PRIOR AUTHORIZATION DETERMINA- (A) shall be made by a physician plan, or health insurance issuer offering TIONS.— (allopathic or osteopathic); or health insurance coverage, may— (A) IN GENERAL.—Except as provided in this (B) in a claim for benefits provided by a (i) except as provided in subparagraph paragraph or paragraph (4), a group health non-physician health professional, shall be (B)(i), require that a request for review be in plan, and a health insurance issuer offering made by reviewer (or reviewers) including at writing; health insurance coverage, shall make a de- least one practicing non-physician health (ii) limit the filing of such a request to the termination on an appeal of a denial of a professional of the same or similar specialty; participant, beneficiary, or enrollee involved claim for benefits under this subsection in with appropriate expertise (including, in the (or an authorized representative); accordance with the medical exigencies of case of a child, appropriate pediatric exper- (iii) except if waived by the plan or issuer the case and as soon as possible, but in no tise) and acting within the appropriate scope under section 103(a)(4), condition access to case later than 14 days from the date on of practice within the State in which the an independent external review under this which the plan or issuer receives information service is provided or rendered, who was not section upon a final determination of a de- that is reasonably necessary to enable the involved in the initial determination. nial of a claim for benefits under the inter- plan or issuer to make a determination on (d) NOTICE OF DETERMINATION.— nal review procedure under section 103; the appeal and in no case later than 28 days (1) IN GENERAL.—Written notice of a deter- (iv) except as provided in subparagraph after the date the request for the appeal is mination made under an internal appeal of a (B)(ii), require payment of a filing fee to the received. denial of a claim for benefits shall be issued plan or issuer of a sum that does not exceed (B) EXPEDITED DETERMINATION.—Notwith- to the participant, beneficiary, or enrollee $25; and standing subparagraph (A), a group health (or authorized representative) and the treat- (v) require that a request for review in- plan, and a health insurance issuer offering ing health care professional in accordance clude the consent of the participant, bene- health insurance coverage, shall expedite a with the medical exigencies of the case and ficiary, or enrollee (or authorized represent- prior authorization determination on an ap- as soon as possible, but in no case later than ative) for the release of necessary medical peal of a denial of a claim for benefits de- 2 days after the date of completion of the re- information or records of the participant, scribed in subparagraph (A), when a request view (or, in the case described in subpara- beneficiary, or enrollee to the qualified ex- for such an expedited determination is made graph (B) or (C) of subsection (b)(3), within ternal review entity only for purposes of con- by a participant, beneficiary, or enrollee (or the 72-hour or applicable period referred to ducting external review activities. authorized representative) at any time dur- in such subparagraph). (B) REQUIREMENTS AND EXCEPTION RELATING ing the process for making a determination (2) FINAL DETERMINATION.—The decision by TO GENERAL RULE.— and a health care professional certifies, with a plan or issuer under this section shall be (i) ORAL REQUESTS PERMITTED IN EXPEDITED the request, that a determination under the treated as the final determination of the OR CONCURRENT CASES.—In the case of an ex- procedures described in subparagraph (A) plan or issuer on a denial of a claim for bene- pedited or concurrent external review as pro- would seriously jeopardize the life or health fits. The failure of a plan or issuer to issue vided for under subsection (e), the request of the participant, beneficiary, or enrollee or a determination on an appeal of a denial of for such review may be made orally. A group the ability of the participant, beneficiary, or a claim for benefits under this section within health plan, or health insurance issuer offer- enrollee to maintain or regain maximum the applicable timeline established for such ing health insurance coverage, may require that the participant, beneficiary, or enrollee function. Such determination shall be made a determination shall be treated as a final (or authorized representative) provide writ- in accordance with the medical exigencies of determination on an appeal of a denial of a ten confirmation of such request in a timely the case and as soon as possible, but in no claim for benefits for purposes of proceeding manner on a form provided by the plan or case later than 72 hours after the time the to external review under section 104. issuer. Such written confirmation shall be request for such appeal is received by the (3) REQUIREMENTS OF NOTICE.—With respect treated as a consent for purposes of subpara- plan or issuer under this subparagraph. to a determination made under this section, graph (A)(v). In the case of such an oral re- (C) ONGOING CARE DETERMINATIONS.— the notice described in paragraph (1) shall be quest for such a review, the making of the (i) IN GENERAL.—Subject to clause (ii), in provided in printed form and written in a request (and the timing of such request) the case of a concurrent review determina- manner calculated to be understood by the shall be treated as the making at that time tion described in section 102(b)(1)(C)(i)(I), participant, beneficiary, or enrollee and of a request for such a review without regard which results in a termination or reduction shall include— (A) the specific reasons for the determina- to whether and when a written confirmation of such care, the plan or issuer must provide of such request is made. notice of the determination on the appeal tion (including a summary of the clinical or (ii) EXCEPTION TO FILING FEE REQUIRE- under this section by telephone and in print- scientific evidence used in making the deter- MENT.— ed form to the individual or the individual’s mination); (I) INDIGENCY.—Payment of a filing fee designee and the individual’s health care (B) the procedures for obtaining additional information concerning the determination; shall not be required under subparagraph provider in accordance with the medical ex- (A)(iv) where there is a certification (in a igencies of the case and as soon as possible, and (C) notification of the right to an inde- form and manner specified in guidelines es- with sufficient time prior to the termination tablished by the appropriate Secretary) that or reduction to allow for an external appeal pendent external review under section 104 and instructions on how to initiate such a re- the participant, beneficiary, or enrollee is under section 104 to be completed before the indigent (as defined in such guidelines). termination or reduction takes effect. view. SEC. 104. INDEPENDENT EXTERNAL APPEALS (II) FEE NOT REQUIRED.—Payment of a fil- (ii) RULE OF CONSTRUCTION.—Clause (i) ing fee shall not be required under subpara- shall not be construed as requiring plans or PROCEDURES. (a) RIGHT TO EXTERNAL APPEAL.—A group graph (A)(iv) if the plan or issuer waives the issuers to provide coverage of care that health plan, and a health insurance issuer of- internal appeals process under section would exceed the coverage limitations for fering health insurance coverage, shall pro- 103(a)(4). such care. vide in accordance with this section partici- (III) REFUNDING OF FEE.—The filing fee paid (4) RETROSPECTIVE DETERMINATION.—A pants, beneficiaries, and enrollees (or au- under subparagraph (A)(iv) shall be refunded group health plan, and a health insurance thorized representatives) with access to an if the determination under the independent issuer offering health insurance coverage, independent external review for any denial external review is to reverse or modify the shall make a retrospective determination on of a claim for benefits. denial which is the subject of the review. an appeal of a denial of a claim for benefits (b) INITIATION OF THE INDEPENDENT EXTER- (IV) COLLECTION OF FILING FEE.—The fail- in no case later than 30 days after the date NAL REVIEW PROCESS.— ure to pay such a filing fee shall not prevent on which the plan or issuer receives nec- (1) TIME TO FILE.—A request for an inde- the consideration of a request for review but, essary information that is reasonably nec- pendent external review under this section subject to the preceding provisions of this essary to enable the plan or issuer to make shall be filed with the plan or issuer not clause, shall constitute a legal liability to a determination on the appeal and in no case later than 180 days after the date on which pay. later than 60 days after the date the request the participant, beneficiary, or enrollee re- (c) REFERRAL TO QUALIFIED EXTERNAL RE- for the appeal is received. ceives notice of the denial under section VIEW ENTITY UPON REQUEST.— (c) CONDUCT OF REVIEW.— 103(d) or notice of waiver of internal review (1) IN GENERAL.—Upon the filing of a re- (1) IN GENERAL.—A review of a denial of a under section 103(a)(4) or the date on which quest for independent external review with claim for benefits under this section shall be the plan or issuer has failed to make a time- the group health plan, or health insurance conducted by an individual with appropriate ly decision under section 103(d)(2) and noti- issuer offering health insurance coverage, expertise who was not involved in the initial fies the participant or beneficiary that it has the plan or issuer shall immediately refer determination. failed to make a timely decision and that the such request, and forward the plan or issuer’s (2) PEER REVIEW OF MEDICAL DECISIONS BY beneficiary must file an appeal with an ex- initial decision (including the information HEALTH CARE PROFESSIONALS.—A review of an ternal review entity within 180 days if the described in section 103(d)(3)(A)), to a quali- appeal of a denial of a claim for benefits that participant or beneficiary desires to file such fied external review entity selected in ac- is based on a lack of medical necessity and an appeal. cordance with this section. appropriateness, or based on an experimental (2) FILING OF REQUEST.— (2) ACCESS TO PLAN OR ISSUER AND HEALTH or investigational treatment, or requires an (A) IN GENERAL.—Subject to the succeeding PROFESSIONAL INFORMATION.—With respect to evaluation of medical facts— provisions of this subsection, a group health an independent external review conducted

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.053 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5079 under this section, the participant, bene- paragraph (2), the qualified external review amount of coverage that is specifically enu- ficiary, or enrollee (or authorized represent- entity, and if required the independent med- merated and defined (in the plain language ative), the plan or issuer, and the treating ical reviewer, shall make a determination of the plan or coverage documents) under the health care professional (if any) shall pro- within the overall timeline that is applicable plan or coverage offered by a group health vide the external review entity with infor- to the case under review as described in sub- plan or health insurance issuer offering mation that is necessary to conduct a review section (e), except that if the entity deter- health insurance coverage and that is dis- under this section, as determined and re- mines that a referral to an independent med- closed under section 121(b)(1) shall be consid- quested by the entity. Such information ical reviewer is not required, the entity shall ered to govern the scope of the benefits that shall be provided not later than 5 days after provide notice of such determination to the may be required: Provided, That the terms the date on which the request for informa- participant, beneficiary, or enrollee (or au- and conditions of the plan or coverage relat- tion is received, or, in a case described in thorized representative) within such ing to such an exclusion or limit are in com- clause (ii) or (iii) of subsection (e)(1)(A), by timeline and within 2 days of the date of pliance with the requirements of law. such earlier time as may be necessary to such determination. (D) EVIDENCE AND INFORMATION TO BE USED comply with the applicable timeline under (d) INDEPENDENT MEDICAL REVIEW.— IN MEDICAL REVIEWS.—In making a deter- such clause. (1) IN GENERAL.—If a qualified external re- mination under this subsection, the inde- (3) SCREENING OF REQUESTS BY QUALIFIED view entity determines under subsection (c) pendent medical reviewer shall also consider EXTERNAL REVIEW ENTITIES.— that a denial of a claim for benefits is eligi- appropriate and available evidence and infor- (A) IN GENERAL.—With respect to a request ble for independent medical review, the enti- mation, including the following: referred to a qualified external review entity ty shall refer the denial involved to an inde- (i) The determination made by the plan or under paragraph (1) relating to a denial of a pendent medical reviewer for the conduct of issuer with respect to the claim upon inter- claim for benefits, the entity shall refer such an independent medical review under this nal review and the evidence, guidelines, or request for the conduct of an independent subsection. rationale used by the plan or issuer in reach- medical review unless the entity determines (2) MEDICALLY REVIEWABLE DECISIONS.—A ing such determination. that— denial of a claim for benefits is eligible for (ii) The recommendation of the treating (i) any of the conditions described in independent medical review if the benefit for health care professional and the evidence, clauses (ii) or (iii) of subsection (b)(2)(A) the item or service for which the claim is guidelines, and rationale used by the treat- have not been met; made would be a covered benefit under the ing health care professional in reaching such (ii) the denial of the claim for benefits does terms and conditions of the plan or coverage recommendation. but for one (or more) of the following deter- not involve a medically reviewable decision (iii) Additional relevant evidence or infor- minations: under subsection (d)(2); mation obtained by the reviewer or sub- (A) DENIALS BASED ON MEDICAL NECESSITY (iii) the denial of the claim for benefits re- mitted by the plan, issuer, participant, bene- AND APPROPRIATENESS.—A determination lates to a decision regarding whether an in- ficiary, or enrollee (or an authorized rep- that the item or service is not covered be- dividual is a participant, beneficiary, or en- resentative), or treating health care profes- cause it is not medically necessary and ap- rollee who is enrolled under the terms and sional. propriate or based on the application of sub- conditions of the plan or coverage (including (iv) The plan or coverage document. stantially equivalent terms. the applicability of any waiting period under (E) INDEPENDENT DETERMINATION.—In mak- (B) DENIALS BASED ON EXPERIMENTAL OR IN- the plan or coverage); or ing determinations under this section, a VESTIGATIONAL TREATMENT.—A determina- (iv) the denial of the claim for benefits is tion that the item or service is not covered qualified external review entity and an inde- a decision as to the application of cost-shar- because it is experimental or investigational pendent medical reviewer shall— ing requirements or the application of a spe- or based on the application of substantially (i) consider the claim under review without cific exclusion or express limitation on the equivalent terms. deference to the determinations made by the amount, duration, or scope of coverage of plan or issuer or the recommendation of the (C) DENIALS OTHERWISE BASED ON AN EVAL- items or services under the terms and condi- treating health care professional (if any); UATION OF MEDICAL FACTS.—A determination tions of the plan or coverage unless the deci- that the item or service or condition is not and sion is a denial described in subsection (d)(2). covered based on grounds that require an (ii) consider, but not be bound by, the defi- Upon making a determination that any of evaluation of the medical facts by a health nition used by the plan or issuer of ‘‘medi- clauses (i) through (iv) applies with respect care professional in the specific case in- cally necessary and appropriate’’, or ‘‘experi- to the request, the entity shall determine volved to determine the coverage and extent mental or investigational’’, or other substan- that the denial of a claim for benefits in- of coverage of the item or service or condi- tially equivalent terms that are used by the volved is not eligible for independent med- tion. plan or issuer to describe medical necessity ical review under subsection (d), and shall (3) INDEPENDENT MEDICAL REVIEW DETER- and appropriateness or experimental or in- provide notice in accordance with subpara- MINATION.— vestigational nature of the treatment. graph (C). (A) IN GENERAL.—An independent medical (F) DETERMINATION OF INDEPENDENT MED- (B) PROCESS FOR MAKING DETERMINATIONS.— reviewer under this section shall make a new ICAL REVIEWER.—An independent medical re- (i) NO DEFERENCE TO PRIOR DETERMINA- independent determination with respect to viewer shall, in accordance with the dead- TIONS.—In making determinations under sub- whether or not the denial of a claim for a lines described in subsection (e), prepare a paragraph (A), there shall be no deference benefit that is the subject of the review written determination to uphold, reverse, or given to determinations made by the plan or should be upheld, reversed, or modified. modify the denial under review. Such writ- issuer or the recommendation of a treating (B) STANDARD FOR DETERMINATION.—The ten determination shall include— health care professional (if any). independent medical reviewer’s determina- (i) the determination of the reviewer; (ii) USE OF APPROPRIATE PERSONNEL.—A tion relating to the medical necessity and (ii) the specific reasons of the reviewer for qualified external review entity shall use ap- appropriateness, or the experimental or in- such determination, including a summary of propriately qualified personnel to make de- vestigational nature, or the evaluation of the clinical or scientific evidence used in terminations under this section. the medical facts, of the item, service, or making the determination; and (C) NOTICES AND GENERAL TIMELINES FOR condition involved shall be based on the (iii) with respect to a determination to re- DETERMINATION.— medical condition of the participant, bene- verse or modify the denial under review, a (i) NOTICE IN CASE OF DENIAL OF REFER- ficiary, or enrollee (including the medical timeframe within which the plan or issuer RAL.—If the entity under this paragraph does records of the participant, beneficiary, or en- must comply with such determination. not make a referral to an independent med- rollee) and valid, relevant scientific evidence (G) NONBINDING NATURE OF ADDITIONAL REC- ical reviewer, the entity shall provide notice and clinical evidence, including peer-re- OMMENDATIONS.—In addition to the deter- to the plan or issuer, the participant, bene- viewed medical literature or findings and in- mination under subparagraph (F), the re- ficiary, or enrollee (or authorized represent- cluding expert opinion. viewer may provide the plan or issuer and ative) filing the request, and the treating (C) NO COVERAGE FOR EXCLUDED BENEFITS.— the treating health care professional with health care professional (if any) that the de- Nothing in this subsection shall be construed additional recommendations in connection nial is not subject to independent medical to permit an independent medical reviewer with such a determination, but any such rec- review. Such notice— to require that a group health plan, or ommendations shall not affect (or be treated (I) shall be written (and, in addition, may health insurance issuer offering health insur- as part of) the determination and shall not be provided orally) in a manner calculated to ance coverage, provide coverage for items or be binding on the plan or issuer. be understood by a participant or enrollee; services for which benefits are specifically (e) TIMELINES AND NOTIFICATIONS.— (II) shall include the reasons for the deter- excluded or expressly limited under the plan (1) TIMELINES FOR INDEPENDENT MEDICAL mination; or coverage in the plain language of the plan REVIEW.— (III) include any relevant terms and condi- document (and which are disclosed under (A) PRIOR AUTHORIZATION DETERMINATION.— tions of the plan or coverage; and section 121(b)(1)(C)). Notwithstanding any (i) IN GENERAL.—The independent medical (IV) include a description of any further re- other provision of this Act, any exclusion of reviewer (or reviewers) shall make a deter- course available to the individual. an exact medical procedure, any exact time mination on a denial of a claim for benefits (ii) GENERAL TIMELINE FOR DETERMINA- limit on the duration or frequency of cov- that is referred to the reviewer under sub- TIONS.—Upon receipt of information under erage, and any exact dollar limit on the section (c)(3) in accordance with the medical

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.053 S12PT1 S5080 CONGRESSIONAL RECORD — SENATE May 12, 2005 exigencies of the case and as soon as pos- issuer, the participant, beneficiary, or en- shall cause to be served on the defendant an sible, but in no case later than 14 days after rollee may obtain the items or services in- order requiring the defendant— the date of receipt of information under sub- volved (in a manner consistent with the de- (i) to cease and desist from the alleged ac- section (c)(2) if the review involves a prior termination of the independent external re- tion or failure to act; and authorization of items or services and in no viewer) from any provider regardless of (ii) to pay to the plaintiff a reasonable at- case later than 21 days after the date the re- whether such provider is a participating pro- torney’s fee and other reasonable costs relat- quest for external review is received. vider under the plan or coverage. ing to the prosecution of the action on the (ii) EXPEDITED DETERMINATION.—Notwith- (B) REIMBURSEMENT.— charges on which the plaintiff prevails. standing clause (i) and subject to clause (iii), (i) IN GENERAL.—Where a participant, bene- (C) ADDITIONAL CIVIL PENALTIES.— the independent medical reviewer (or review- ficiary, or enrollee obtains items or services (i) IN GENERAL.—In addition to any penalty ers) shall make an expedited determination in accordance with subparagraph (A), the imposed under subparagraph (A) or (B), the on a denial of a claim for benefits described plan or issuer involved shall provide for re- appropriate Secretary may assess a civil in clause (i), when a request for such an ex- imbursement of the costs of such items or penalty against a person acting in the capac- pedited determination is made by a partici- services. Such reimbursement shall be made ity of authorizing a benefit determined by an pant, beneficiary, or enrollee (or authorized to the treating health care professional or to external review entity for one or more group representative) at any time during the proc- the participant, beneficiary, or enrollee (in health plans, or health insurance issuers of- ess for making a determination, and a health the case of a participant, beneficiary, or en- fering health insurance coverage, for— care professional certifies, with the request, rollee who pays for the costs of such items or (I) any pattern or practice of repeated re- that a determination under the timeline de- services). fusal to authorize a benefit determined by an scribed in clause (i) would seriously jeop- (ii) AMOUNT.—The plan or issuer shall fully external appeal entity to be covered; or ardize the life or health of the participant, reimburse a professional, participant, bene- (II) any pattern or practice of repeated vio- beneficiary, or enrollee or the ability of the ficiary, or enrollee under clause (i) for the lations of the requirements of this section participant, beneficiary, or enrollee to main- total costs of the items or services provided with respect to such plan or coverage. tain or regain maximum function. Such de- (regardless of any plan limitations that may (ii) STANDARD OF PROOF AND AMOUNT OF termination shall be made in accordance apply to the coverage of such items or serv- PENALTY.—Such penalty shall be payable with the medical exigencies of the case and ices) so long as the items or services were only upon proof by clear and convincing evi- as soon as possible, but in no case later than dence of such pattern or practice and shall 72 hours after the time the request for exter- provided in a manner consistent with the de- termination of the independent medical re- be in an amount not to exceed the lesser of— nal review is received by the qualified exter- (I) 25 percent of the aggregate value of ben- nal review entity. viewer. (C) FAILURE TO REIMBURSE.—Where a plan efits shown by the appropriate Secretary to (iii) ONGOING CARE DETERMINATION.—Not- or issuer fails to provide reimbursement to a have not been provided, or unlawfully de- withstanding clause (i), in the case of a re- layed, in violation of this section under such view described in such clause that involves a professional, participant, beneficiary, or en- rollee in accordance with this paragraph, the pattern or practice; or termination or reduction of care, the notice (II) $500,000. of the determination shall be completed not professional, participant, beneficiary, or en- rollee may commence a civil action (or uti- (D) REMOVAL AND DISQUALIFICATION.—Any later than 24 hours after the time the request person acting in the capacity of authorizing for external review is received by the quali- lize other remedies available under law) to benefits who has engaged in any such pat- fied external review entity and before the recover only the amount of any such reim- tern or practice described in subparagraph end of the approved period of care. bursement that is owed by the plan or issuer (C)(i) with respect to a plan or coverage, (B) RETROSPECTIVE DETERMINATION.—The and any necessary legal costs or expenses upon the petition of the appropriate Sec- independent medical reviewer (or reviewers) (including attorney’s fees) incurred in recov- retary, may be removed by the court from shall complete a review in the case of a ret- ering such reimbursement. such position, and from any other involve- rospective determination on an appeal of a (D) AVAILABLE REMEDIES.—The remedies ment, with respect to such a plan or cov- denial of a claim for benefits that is referred provided under this paragraph are in addi- erage, and may be precluded from returning to the reviewer under subsection (c)(3) in no tion to any other available remedies. case later than 30 days after the date of re- (3) PENALTIES AGAINST AUTHORIZED OFFI- to any such position or involvement for a pe- ceipt of information under subsection (c)(2) CIALS FOR REFUSING TO AUTHORIZE THE DETER- riod determined by the court. and in no case later than 60 days after the MINATION OF AN EXTERNAL REVIEW ENTITY.— (4) PROTECTION OF LEGAL RIGHTS.—Nothing date the request for external review is re- (A) MONETARY PENALTIES.— in this subsection or subtitle shall be con- ceived by the qualified external review enti- (i) IN GENERAL.—In any case in which the strued as altering or eliminating any cause ty. determination of an external review entity is of action or legal rights or remedies of par- (2) NOTIFICATION OF DETERMINATION.—The not followed by a group health plan, or by a ticipants, beneficiaries, enrollees, and others external review entity shall ensure that the health insurance issuer offering health insur- under State or Federal law (including sec- plan or issuer, the participant, beneficiary, ance coverage, any person who, acting in the tions 502 and 503 of the Employee Retirement or enrollee (or authorized representative) capacity of authorizing the benefit, causes Income Security Act of 1974), including the and the treating health care professional (if such refusal may, in the discretion of a court right to file judicial actions to enforce any) receives a copy of the written deter- of competent jurisdiction, be liable to an ag- rights. mination of the independent medical re- grieved participant, beneficiary, or enrollee (g) QUALIFICATIONS OF INDEPENDENT MED- viewer prepared under subsection (d)(3)(F). for a civil penalty in an amount of up to ICAL REVIEWERS.— Nothing in this paragraph shall be construed $1,000 a day from the date on which the de- (1) IN GENERAL.—In referring a denial to 1 as preventing an entity or reviewer from pro- termination was transmitted to the plan or or more individuals to conduct independent viding an initial oral notice of the reviewer’s issuer by the external review entity until the medical review under subsection (c), the determination. date the refusal to provide the benefit is cor- qualified external review entity shall ensure (3) FORM OF NOTICES.—Determinations and rected. that— notices under this subsection shall be writ- (ii) ADDITIONAL PENALTY FOR FAILING TO (A) each independent medical reviewer ten in a manner calculated to be understood FOLLOW TIMELINE.—In any case in which meets the qualifications described in para- by a participant. treatment was not commenced by the plan in graphs (2) and (3); (f) COMPLIANCE.— accordance with the determination of an (B) with respect to each review at least 1 (1) APPLICATION OF DETERMINATIONS.— independent external reviewer, the Secretary such reviewer meets the requirements de- (A) EXTERNAL REVIEW DETERMINATIONS shall assess a civil penalty of $10,000 against scribed in paragraphs (4) and (5); and BINDING ON PLAN.—The determinations of an the plan and the plan shall pay such penalty (C) compensation provided by the entity to external review entity and an independent to the participant, beneficiary, or enrollee the reviewer is consistent with paragraph (6). medical reviewer under this section shall be involved. (2) LICENSURE AND EXPERTISE.—Each inde- binding upon the plan or issuer involved. (B) CEASE AND DESIST ORDER AND ORDER OF pendent medical reviewer shall be a physi- (B) COMPLIANCE WITH DETERMINATION.—If ATTORNEY’S FEES.—In any action described in cian (allopathic or osteopathic) or health the determination of an independent medical subparagraph (A) brought by a participant, care professional who— reviewer is to reverse or modify the denial, beneficiary, or enrollee with respect to a (A) is appropriately credentialed or li- the plan or issuer, upon the receipt of such group health plan, or a health insurance censed in 1 or more States to deliver health determination, shall authorize coverage to issuer offering health insurance coverage, in care services; and comply with the medical reviewer’s deter- which a plaintiff alleges that a person re- (B) typically treats the condition, makes mination in accordance with the timeframe ferred to in such subparagraph has taken an the diagnosis, or provides the type of treat- established by the medical reviewer. action resulting in a refusal of a benefit de- ment under review. (2) FAILURE TO COMPLY.— termined by an external appeal entity to be (3) INDEPENDENCE.— (A) IN GENERAL.—If a plan or issuer fails to covered, or has failed to take an action for (A) IN GENERAL.—Subject to subparagraph comply with the timeframe established which such person is responsible under the (B), each independent medical reviewer in a under paragraph (1)(B) with respect to a par- terms and conditions of the plan or coverage case shall— ticipant, beneficiary, or enrollee, where such and which is necessary under the plan or (i) not be a related party (as defined in failure to comply is caused by the plan or coverage for authorizing a benefit, the court paragraph (7));

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.053 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5081 (ii) not have a material familial, financial, (A) The plan, plan sponsor, or issuer in- cient staffing to carry out duties of a quali- or professional relationship with such a volved, or any fiduciary, officer, director, or fied external review entity under this section party; and employee of such plan, plan sponsor, or on a timely basis, including making deter- (iii) not otherwise have a conflict of inter- issuer. minations under subsection (b)(2)(A) and pro- est with such a party (as determined under (B) The participant, beneficiary, or en- viding for independent medical reviews regulations). rollee (or authorized representative). under subsection (d). (B) EXCEPTION.—Nothing in subparagraph (C) The health care professional that pro- (ii) The entity is not a plan or issuer or an (A) shall be construed to— vides the items or services involved in the affiliate or a subsidiary of a plan or issuer, (i) prohibit an individual, solely on the denial. and is not an affiliate or subsidiary of a pro- basis of affiliation with the plan or issuer, (D) The institution at which the items or fessional or trade association of plans or from serving as an independent medical re- services (or treatment) involved in the de- issuers or of health care providers. viewer if— nial are provided. (iii) The entity has provided assurances (I) a non-affiliated individual is not reason- (E) The manufacturer of any drug or other that it will conduct external review activi- ably available; item that is included in the items or services ties consistent with the applicable require- (II) the affiliated individual is not involved involved in the denial. ments of this section and standards specified in the provision of items or services in the (F) Any other party determined under any in subparagraph (C), including that it will case under review; regulations to have a substantial interest in not conduct any external review activities in (III) the fact of such an affiliation is dis- the denial involved. a case unless the independence requirements (h) QUALIFIED EXTERNAL REVIEW ENTI- closed to the plan or issuer and the partici- of subparagraph (B) are met with respect to TIES.— pant, beneficiary, or enrollee (or authorized the case. (1) SELECTION OF QUALIFIED EXTERNAL RE- representative) and neither party objects; (iv) The entity has provided assurances VIEW ENTITIES.— and that it will provide information in a timely (A) LIMITATION ON PLAN OR ISSUER SELEC- (IV) the affiliated individual is not an em- manner under subparagraph (D). TION.—The appropriate Secretary shall im- ployee of the plan or issuer and does not pro- (v) The entity meets such other require- plement procedures— vide services exclusively or primarily to or ments as the appropriate Secretary provides (i) to assure that the selection process on behalf of the plan or issuer; by regulation. among qualified external review entities will (ii) prohibit an individual who has staff (B) INDEPENDENCE REQUIREMENTS.— not create any incentives for external review privileges at the institution where the treat- (i) IN GENERAL.—Subject to clause (ii), an entities to make a decision in a biased man- ment involved takes place from serving as an entity meets the independence requirements ner; and independent medical reviewer merely on the of this subparagraph with respect to any (ii) for auditing a sample of decisions by basis of such affiliation if the affiliation is case if the entity— such entities to assure that no such deci- disclosed to the plan or issuer and the partic- (I) is not a related party (as defined in sub- sions are made in a biased manner. ipant, beneficiary, or enrollee (or authorized section (g)(7)); representative), and neither party objects; or No such selection process under the proce- (II) does not have a material familial, fi- (iii) prohibit receipt of compensation by an dures implemented by the appropriate Sec- nancial, or professional relationship with independent medical reviewer from an entity retary may give either the patient or the such a party; and if the compensation is provided consistent plan or issuer any ability to determine or in- (III) does not otherwise have a conflict of with paragraph (6). fluence the selection of a qualified external interest with such a party (as determined (4) PRACTICING HEALTH CARE PROFESSIONAL review entity to review the case of any par- under regulations). IN SAME FIELD.— ticipant, beneficiary, or enrollee. (ii) EXCEPTION FOR REASONABLE COMPENSA- (A) IN GENERAL.—In a case involving treat- (B) STATE AUTHORITY WITH RESPECT TO TION.—Nothing in clause (i) shall be con- ment, or the provision of items or services— QUALIFIED EXTERNAL REVIEW ENTITIES FOR strued to prohibit receipt by a qualified ex- (i) by a physician, a reviewer shall be a HEALTH INSURANCE ISSUERS.—With respect to ternal review entity of compensation from a practicing physician (allopathic or osteo- health insurance issuers offering health in- plan or issuer for the conduct of external re- pathic) of the same or similar specialty, as a surance coverage in a State, the State may view activities under this section if the com- physician who, acting within the appropriate provide for external review activities to be pensation is provided consistent with clause scope of practice within the State in which conducted by a qualified external appeal en- (iii). the service is provided or rendered, typically tity that is designated by the State or that (iii) LIMITATIONS ON ENTITY COMPENSA- treats the condition, makes the diagnosis, or is selected by the State in a manner deter- TION.—Compensation provided by a plan or provides the type of treatment under review; mined by the State to assure an unbiased de- issuer to a qualified external review entity or termination. in connection with reviews under this sec- (ii) by a non-physician health care profes- (2) CONTRACT WITH QUALIFIED EXTERNAL RE- tion shall— sional, a reviewer (or reviewers) shall in- VIEW ENTITY.—Except as provided in para- (I) not exceed a reasonable level; and clude at least one practicing non-physician graph (1)(B), the external review process of a (II) not be contingent on any decision ren- health care professional of the same or simi- plan or issuer under this section shall be dered by the entity or by any independent lar specialty as the non-physician health conducted under a contract between the plan medical reviewer. care professional who, acting within the ap- or issuer and 1 or more qualified external re- (C) CERTIFICATION AND RECERTIFICATION propriate scope of practice within the State view entities (as defined in paragraph (4)(A)). PROCESS.— in which the service is provided or rendered, (3) TERMS AND CONDITIONS OF CONTRACT.— (i) IN GENERAL.—The initial certification typically treats the condition, makes the di- The terms and conditions of a contract under and recertification of a qualified external re- agnosis, or provides the type of treatment paragraph (2) shall— view entity shall be made— under review. (A) be consistent with the standards the (I) under a process that is recognized or ap- (B) PRACTICING DEFINED.—For purposes of appropriate Secretary shall establish to as- proved by the appropriate Secretary; or this paragraph, the term ‘‘practicing’’ sure there is no real or apparent conflict of (II) by a qualified private standard-setting means, with respect to an individual who is interest in the conduct of external review ac- organization that is approved by the appro- a physician or other health care professional tivities; and priate Secretary under clause (iii). that the individual provides health care serv- (B) provide that the costs of the external In taking action under subclause (I), the ap- ices to individual patients on average at review process shall be borne by the plan or propriate Secretary shall give deference to least 2 days per week. issuer. entities that are under contract with the (5) PEDIATRIC EXPERTISE.—In the case of an Subparagraph (B) shall not be construed as Federal Government or with an applicable external review relating to a child, a re- applying to the imposition of a filing fee State authority to perform functions of the viewer shall have expertise under paragraph under subsection (b)(2)(A)(iv) or costs in- type performed by qualified external review (2) in pediatrics. curred by the participant, beneficiary, or en- entities. (6) LIMITATIONS ON REVIEWER COMPENSA- rollee (or authorized representative) or (ii) PROCESS.—The appropriate Secretary TION.—Compensation provided by a qualified treating health care professional (if any) in shall not recognize or approve a process external review entity to an independent support of the review, including the provi- under clause (i)(I) unless the process applies medical reviewer in connection with a re- sion of additional evidence or information. standards (as promulgated in regulations) view under this section shall— (4) QUALIFICATIONS.— that ensure that a qualified external review (A) not exceed a reasonable level; and (A) IN GENERAL.—In this section, the term entity— (B) not be contingent on the decision ren- ‘‘qualified external review entity’’ means, in (I) will carry out (and has carried out, in dered by the reviewer. relation to a plan or issuer, an entity that is the case of recertification) the responsibil- (7) RELATED PARTY DEFINED.—For purposes initially certified (and periodically recer- ities of such an entity in accordance with of this section, the term ‘‘related party’’ tified) under subparagraph (C) as meeting this section, including meeting applicable means, with respect to a denial of a claim the following requirements: deadlines; under a plan or coverage relating to a partic- (i) The entity has (directly or through con- (II) will meet (and has met, in the case of ipant, beneficiary, or enrollee, any of the fol- tracts or other arrangements) sufficient recertification) appropriate indicators of fis- lowing: medical, legal, and other expertise and suffi- cal integrity;

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.054 S12PT1 S5082 CONGRESSIONAL RECORD — SENATE May 12, 2005 (III) will maintain (and has maintained, in information described in clause (ii) but shall formation, assistance, and referrals to con- the case of recertification) appropriate con- not include individually identifiable medical sumers of health insurance products. fidentiality with respect to individually information. (2) STATE ELIGIBILITY.—To be eligible to re- identifiable health information obtained in (ii) INFORMATION TO BE INCLUDED.—The in- ceive a grant under this subsection a State the course of conducting external review ac- formation described in this subclause with shall prepare and submit to the Secretary an tivities; and respect to an entity is as follows: application at such time, in such manner, (IV) in the case of recertification, shall re- (I) The number and types of denials for and containing such information as the Sec- view the matters described in clause (iv). which a request for review has been received retary may require, including a State plan (iii) APPROVAL OF QUALIFIED PRIVATE by the entity. that describes— STANDARD-SETTING ORGANIZATIONS.—For pur- (II) The disposition by the entity of such (A) the manner in which the State will en- poses of clause (i)(II), the appropriate Sec- denials, including the number referred to a sure that the health care consumer assist- retary may approve a qualified private independent medical reviewer and the rea- ance office (established under paragraph (4)) standard-setting organization if such Sec- sons for such dispositions (including the ap- will educate and assist health care con- retary finds that the organization only cer- plication of exclusions), on a plan or issuer- sumers in accessing needed care; tifies (or recertifies) external review entities specific basis and on a health care specialty- (B) the manner in which the State will co- that meet at least the standards required for specific basis. ordinate and distinguish the services pro- the certification (or recertification) of exter- (III) The length of time in making deter- vided by the health care consumer assistance nal review entities under clause (ii). minations with respect to such denials. office with the services provided by Federal, (iv) CONSIDERATIONS IN RECERTIFICATIONS.— (IV) Updated information on the informa- State and local health-related ombudsman, In conducting recertifications of a qualified tion required to be submitted as a condition information, protection and advocacy, insur- external review entity under this paragraph, of certification with respect to the entity’s ance, and fraud and abuse programs; the appropriate Secretary or organization performance of external review activities. (C) the manner in which the State will pro- conducting the recertification shall review (iii) INFORMATION TO BE PROVIDED TO CERTI- vide information, outreach, and services to compliance of the entity with the require- FYING ORGANIZATION.— underserved, minority populations with lim- ments for conducting external review activi- (I) IN GENERAL.—In the case of a qualified ited English proficiency and populations re- ties under this section, including the fol- external review entity which is certified (or lowing: siding in rural areas; recertified) under this subsection by a quali- (D) the manner in which the State will (I) Provision of information under subpara- fied private standard-setting organization, at graph (D). oversee the health care consumer assistance the request of the organization, the entity office, its activities, product materials and (II) Adherence to applicable deadlines shall provide the organization with the infor- (both by the entity and by independent med- evaluate program effectiveness; mation provided to the appropriate Sec- (E) the manner in which the State will en- ical reviewers it refers cases to). retary under clause (i). (III) Compliance with limitations on com- sure that funds made available under this (II) ADDITIONAL INFORMATION.—Nothing in section will be used to supplement, and not pensation (with respect to both the entity this subparagraph shall be construed as pre- and independent medical reviewers it refers supplant, any other Federal, State, or local venting such an organization from requiring funds expended to provide services for pro- cases to). additional information as a condition of cer- (IV) Compliance with applicable independ- grams described under this section and those tification or recertification of an entity. ence requirements. described in subparagraphs (C) and (D); (iv) USE OF INFORMATION.—Information pro- (V) Compliance with the requirement of (F) the manner in which the State will en- vided under this subparagraph may be used subsection (d)(1) that only medically review- sure that health care consumer office per- by the appropriate Secretary and qualified able decisions shall be the subject of inde- sonnel have the professional background and private standard-setting organizations to pendent medical review and with the require- training to carry out the activities of the of- conduct oversight of qualified external re- ment of subsection (d)(3) that independent fice; and view entities, including recertification of medical reviewers may not require coverage (G) the manner in which the State will en- such entities, and shall be made available to for specifically excluded benefits. sure that consumers have direct access to the public in an appropriate manner. (v) PERIOD OF CERTIFICATION OR RECERTIFI- consumer assistance personnel during reg- (E) LIMITATION ON LIABILITY.—No qualified CATION.—A certification or recertification ular business hours. provided under this paragraph shall extend external review entity having a contract (3) AMOUNT OF GRANT.— for a period not to exceed 2 years. with a plan or issuer, and no person who is (A) IN GENERAL.—From amounts appro- employed by any such entity or who fur- (vi) REVOCATION.—A certification or recer- priated under subsection (b) for a fiscal year, tification under this paragraph may be re- nishes professional services to such entity the Secretary shall award a grant to a State voked by the appropriate Secretary or by the (including as an independent medical re- in an amount that bears the same ratio to organization providing such certification viewer), shall be held by reason of the per- such amounts as the number of individuals upon a showing of cause. The Secretary, or formance of any duty, function, or activity within the State covered under a group organization, shall revoke a certification or required or authorized pursuant to this sec- health plan or under health insurance cov- deny a recertification with respect to an en- tion, to be civilly liable under any law of the erage offered by a health insurance issuer tity if there is a showing that the entity has United States or of any State (or political bears to the total number of individuals so a pattern or practice of ordering coverage for subdivision thereof) if there was no actual covered in all States (as determined by the benefits that are specifically excluded under malice or gross misconduct in the perform- Secretary). Any amounts provided to a State the plan or coverage. ance of such duty, function, or activity. under this subsection that are not used by (vii) PETITION FOR DENIAL OR WITH- (5) REPORT.—Not later than 12 months the State shall be remitted to the Secretary DRAWAL.—An individual may petition the after the general effective date referred to in and reallocated in accordance with this sub- Secretary, or an organization providing the section 601, the General Accounting Office paragraph. certification involves, for a denial of recer- shall prepare and submit to the appropriate (B) MINIMUM AMOUNT.—In no case shall the tification or a withdrawal of a certification committees of Congress a report con- amount provided to a State under a grant with respect to an entity under this subpara- cerning— under this subsection for a fiscal year be less graph if there is a pattern or practice of such (A) the information that is provided under than an amount equal to 0.5 percent of the entity failing to meet a requirement of this paragraph (3)(D); amount appropriated for such fiscal year to section. (B) the number of denials that have been carry out this section. (viii) SUFFICIENT NUMBER OF ENTITIES.—The upheld by independent medical reviewers and (C) NON-FEDERAL CONTRIBUTIONS.—A State appropriate Secretary shall certify and re- the number of denials that have been re- will provide for the collection of non-Federal certify a number of external review entities versed by such reviewers; and contributions for the operation of the office which is sufficient to ensure the timely and (C) the extent to which independent med- in an amount that is not less than 25 percent efficient provision of review services. ical reviewers are requiring coverage for ben- of the amount of Federal funds provided to (D) PROVISION OF INFORMATION.— efits that are specifically excluded under the the State under this section. (i) IN GENERAL.—A qualified external re- plan or coverage. (4) PROVISION OF FUNDS FOR ESTABLISHMENT view entity shall provide to the appropriate SEC. 105. HEALTH CARE CONSUMER ASSISTANCE OF OFFICE.— Secretary, in such manner and at such times FUND. (A) IN GENERAL.—From amounts provided as such Secretary may require, such infor- (a) GRANTS.— under a grant under this subsection, a State mation (relating to the denials which have (1) IN GENERAL.—The Secretary of Health shall, directly or through a contract with an been referred to the entity for the conduct of and Human Services (referred to in this sec- independent, nonprofit entity with dem- external review under this section) as such tion as the ‘‘Secretary’’) shall establish a onstrated experience in serving the needs of Secretary determines appropriate to assure fund, to be known as the ‘‘Health Care Con- health care consumers, provide for the estab- compliance with the independence and other sumer Assistance Fund’’, to be used to award lishment and operation of a State health requirements of this section to monitor and grants to eligible States to carry out con- care consumer assistance office. assess the quality of its external review ac- sumer assistance activities (including pro- (B) ELIGIBILITY OF ENTITY.—To be eligible tivities and lack of bias in making deter- grams established by States prior to the en- to enter into a contract under subparagraph minations. Such information shall include actment of this Act) designed to provide in- (A), an entity shall demonstrate that it has

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.054 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5083 the technical, organizational, and profes- tion (in accordance with section 164.508 of provide for coverage of services only if such sional capacity to deliver the services de- title 45, Code of Federal Regulations) to services are furnished through health care scribed in subsection (b) to all public and allow the office to obtain medical informa- professionals and providers who are members private health insurance participants, bene- tion relevant to the matter before the office. of a network of health care professionals and ficiaries, enrollees, or prospective enrollees. (3) AVAILABILITY OF SERVICES.—The health providers who have entered into a contract (C) EXISTING STATE ENTITY.—Nothing in care consumer assistance office of a State with the plan to provide such services, this section shall prevent the funding of an shall not discriminate in the provision of in- then the issuer or plan shall also offer or ar- existing health care consumer assistance formation, referrals, and services regardless range to be offered to such enrollees, partici- program that otherwise meets the require- of the source of the individual’s health insur- pants, or beneficiaries (at the time of enroll- ments of this section. ance coverage or prospective coverage, in- ment and during an annual open season as (b) USE OF FUNDS.— cluding individuals covered under a group provided under subsection (c)) the option of (1) BY STATE.—A State shall use amounts health plan or health insurance coverage of- health insurance coverage or health benefits provided under a grant awarded under this fered by a health insurance issuer, the medi- which provide for coverage of such services section to carry out consumer assistance ac- care or medicaid programs under title XVIII which are not furnished through health care tivities directly or by contract with an inde- or XIX of the Social Security Act (42 U.S.C. professionals and providers who are members pendent, non-profit organization. An eligible 1395 and 1396 et seq.), or under any other Fed- of such a network unless such enrollees, par- entity may use some reasonable amount of eral or State health care program. ticipants, or beneficiaries are offered such such grant to ensure the adequate training (4) DESIGNATION OF RESPONSIBILITIES.— non-network coverage through another of personnel carrying out such activities. To (A) WITHIN EXISTING STATE ENTITY.—If the group health plan or through another health receive amounts under this subsection, an el- health care consumer assistance office of a insurance issuer in the group market. igible entity shall provide consumer assist- State is located within an existing State reg- (b) ADDITIONAL COSTS.—The amount of any ance services, including— ulatory agency or office of an elected State additional premium charged by the health (A) the operation of a toll-free telephone official, the State shall ensure that— insurance issuer or group health plan for the hotline to respond to consumer requests; (i) there is a separate delineation of the additional cost of the creation and mainte- (B) the dissemination of appropriate edu- funding, activities, and responsibilities of nance of the option described in subsection cational materials on available health insur- the office as compared to the other funding, (a) and the amount of any additional cost ance products and on how best to access activities, and responsibilities of the agency; health care and the rights and responsibil- sharing imposed under such option shall be and borne by the enrollee, participant, or bene- ities of health care consumers; (ii) the office establishes and implements (C) the provision of education on effective ficiary unless it is paid by the health plan procedures and protocols to ensure the con- methods to promptly and efficiently resolve sponsor or group health plan through agree- fidentiality of all information shared by a questions, problems, and grievances; ment with the health insurance issuer. participant, beneficiary, or enrollee or their (D) the coordination of educational and (c) OPEN SEASON.—An enrollee, participant, personal representative and their health care outreach efforts with health plans, health or beneficiary, may change to the offering providers, group health plans, or health in- care providers, payers, and governmental provided under this section only during a surance issuers with the office and to ensure agencies; time period determined by the health insur- that no information is disclosed to the State (E) referrals to appropriate private and ance issuer or group health plan. Such time agency or office without the written author- public entities to resolve questions, prob- period shall occur at least annually. ization of the individual or their personal lems and grievances; and SEC. 112. CHOICE OF HEALTH CARE PROFES- (F) the provision of information and assist- representative in accordance with paragraph SIONAL. ance, including acting as an authorized rep- (2). (a) PRIMARY CARE.—If a group health plan, resentative, regarding internal, external, or (B) CONTRACT ENTITY.—In the case of an en- or a health insurance issuer that offers administrative grievances or appeals proce- tity that enters into a contract with a State health insurance coverage, requires or pro- dures in nonlitigative settings to appeal the under subsection (a)(3), the entity shall pro- vides for designation by a participant, bene- denial, termination, or reduction of health vide assurances that the entity has no con- ficiary, or enrollee of a participating pri- care services, or the refusal to pay for such flict of interest in carrying out the activities mary care provider, then the plan or issuer services, under a group health plan or health of the office and that the entity is inde- shall permit each participant, beneficiary, insurance coverage offered by a health insur- pendent of group health plans, health insur- and enrollee to designate any participating ance issuer. ance issuers, providers, payers, and regu- primary care provider who is available to ac- (2) CONFIDENTIALITY AND ACCESS TO INFOR- lators of health care. cept such individual. MATION.— (5) SUBCONTRACTS.—The health care con- (b) SPECIALISTS.— (A) STATE ENTITY.—With respect to a State sumer assistance office of a State may carry (1) IN GENERAL.—Subject to paragraph (2), a that directly establishes a health care con- out activities and provide services through group health plan and a health insurance sumer assistance office, such office shall es- contracts entered into with 1 or more non- issuer that offers health insurance coverage tablish and implement procedures and proto- profit entities so long as the office can dem- shall permit each participant, beneficiary, or cols in accordance with applicable Federal onstrate that all of the requirements of this enrollee to receive medically necessary and and State laws. section are complied with by the office. appropriate specialty care, pursuant to ap- (B) CONTRACT ENTITY.—With respect to a (6) TERM.—A contract entered into under propriate referral procedures, from any State that, through contract, establishes a this subsection shall be for a term of 3 years. qualified participating health care profes- health care consumer assistance office, such (c) REPORT.—Not later than 1 year after sional who is available to accept such indi- office shall establish and implement proce- the Secretary first awards grants under this vidual for such care. dures and protocols, consistent with applica- section, and annually thereafter, the Sec- (2) LIMITATION.—Paragraph (1) shall not ble Federal and State laws, to ensure the retary shall prepare and submit to the appro- apply to specialty care if the plan or issuer confidentiality of all information shared by priate committees of Congress a report con- clearly informs participants, beneficiaries, a participant, beneficiary, enrollee, or their cerning the activities funded under this sec- and enrollees of the limitations on choice of personal representative and their health care tion and the effectiveness of such activities participating health care professionals with providers, group health plans, or health in- in resolving health care-related problems respect to such care. surance insurers with the office and to en- and grievances. (3) CONSTRUCTION.—Nothing in this sub- sure that no such information is used by the (d) AUTHORIZATION OF APPROPRIATIONS.— section shall be construed as affecting the office, or released or disclosed to State agen- There are authorized to be appropriated such application of section 114 (relating to access cies or outside persons or entities without sums as may be necessary to carry out this to specialty care). the prior written authorization (in accord- section. SEC. 113. ACCESS TO EMERGENCY CARE. ance with section 164.508 of title 45, Code of Subtitle B—Access to Care (a) COVERAGE OF EMERGENCY SERVICES.— Federal Regulations) of the individual or SEC. 111. CONSUMER CHOICE OPTION. (1) IN GENERAL.—If a group health plan, or personal representative. The office may, con- (a) IN GENERAL.—If— health insurance coverage offered by a sistent with applicable Federal and State (1) a health insurance issuer providing health insurance issuer, provides or covers confidentiality laws, collect, use or disclose health insurance coverage in connection any benefits with respect to services in an aggregate information that is not individ- with a group health plan offers to enrollees emergency department of a hospital, the ually identifiable (as defined in section health insurance coverage which provides for plan or issuer shall cover emergency services 164.501 of title 45, Code of Federal Regula- coverage of services (including physician pa- (as defined in paragraph (2)(B))— tions). The office shall provide a written de- thology services) only if such services are (A) without the need for any prior author- scription of the policies and procedures of furnished through health care professionals ization determination; the office with respect to the manner in and providers who are members of a network (B) whether the health care provider fur- which health information may be used or of health care professionals and providers nishing such services is a participating pro- disclosed to carry out consumer assistance who have entered into a contract with the vider with respect to such services; activities. The office shall provide health issuer to provide such services, or (C) in a manner so that, if such services are care providers, group health plans, or health (2) a group health plan offers to partici- provided to a participant, beneficiary, or en- insurance issuers with a written authoriza- pants or beneficiaries health benefits which rollee—

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(i) by a nonparticipating health care pro- (a)(1) and a prudent layperson, with an aver- (c) TREATMENT PLANS.— vider with or without prior authorization, or age knowledge of health and medicine, could (1) IN GENERAL.—A group health plan or (ii) by a participating health care provider reasonably expect that the absence of such health insurance issuer may require that the without prior authorization, transport would result in placing the health specialty care be provided— the participant, beneficiary, or enrollee is of the individual in serious jeopardy, serious (A) pursuant to a treatment plan, but only not liable for amounts that exceed the impairment of bodily function, or serious if the treatment plan— amounts of liability that would be incurred dysfunction of any bodily organ or part. (i) is developed by the specialist, in con- if the services were provided by a partici- SEC. 114. TIMELY ACCESS TO SPECIALISTS. sultation with the case manager or primary pating health care provider with prior au- (a) TIMELY ACCESS.— care provider, and the participant, bene- thorization; and (1) IN GENERAL.—A group health plan and a ficiary, or enrollee, and (D) without regard to any other term or health insurance issuer offering health insur- (ii) is approved by the plan or issuer in a condition of such coverage (other than exclu- ance coverage shall ensure that participants, timely manner, if the plan or issuer requires sion or coordination of benefits, or an affili- beneficiaries, and enrollees receive timely such approval; and ation or waiting period, permitted under sec- access to specialists who are appropriate to (B) in accordance with applicable quality tion 2701 of the Public Health Service Act, the condition of, and accessible to, the par- assurance and utilization review standards of section 701 of the Employee Retirement In- ticipant, beneficiary, or enrollee, when such the plan or issuer. come Security Act of 1974, or section 9801 of specialty care is a covered benefit under the (2) NOTIFICATION.—Nothing in paragraph (1) the Internal Revenue Code of 1986, and other plan or coverage. shall be construed as prohibiting a plan or than applicable cost-sharing). (2) RULE OF CONSTRUCTION.—Nothing in issuer from requiring the specialist to pro- (2) DEFINITIONS.—In this section: paragraph (1) shall be construed— vide the plan or issuer with regular updates (A) EMERGENCY MEDICAL CONDITION.—The (A) to require the coverage under a group on the specialty care provided, as well as all term ‘‘emergency medical condition’’ means health plan or health insurance coverage of other reasonably necessary medical informa- a medical condition manifesting itself by benefits or services; tion. acute symptoms of sufficient severity (in- (B) to prohibit a plan or issuer from includ- (d) SPECIALIST DEFINED.—For purposes of cluding severe pain) such that a prudent ing providers in the network only to the ex- this section, the term ‘‘specialist’’ means, layperson, who possesses an average knowl- tent necessary to meet the needs of the with respect to the condition of the partici- edge of health and medicine, could reason- plan’s or issuer’s participants, beneficiaries, pant, beneficiary, or enrollee, a health care ably expect the absence of immediate med- or enrollees; or professional, facility, or center that has ade- ical attention to result in a condition de- (C) to override any State licensure or quate expertise through appropriate training scribed in clause (i), (ii), or (iii) of section scope-of-practice law. and experience (including, in the case of a 1867(e)(1)(A) of the Social Security Act. (3) ACCESS TO CERTAIN PROVIDERS.— child, appropriate pediatric expertise) to pro- (B) EMERGENCY SERVICES.—The term (A) IN GENERAL.—With respect to specialty vide high quality care in treating the condi- ‘‘emergency services’’ means, with respect to care under this section, if a participating tion. an emergency medical condition— specialist is not available and qualified to SEC. 115. PATIENT ACCESS TO OBSTETRICAL AND (i) a medical screening examination (as re- provide such care to the participant, bene- GYNECOLOGICAL CARE. quired under section 1867 of the Social Secu- ficiary, or enrollee, the plan or issuer shall (a) GENERAL RIGHTS.— rity Act) that is within the capability of the provide for coverage of such care by a non- (1) DIRECT ACCESS.—A group health plan, emergency department of a hospital, includ- participating specialist. and a health insurance issuer offering health ing ancillary services routinely available to (B) TREATMENT OF NONPARTICIPATING PRO- insurance coverage, described in subsection the emergency department to evaluate such VIDERS.—If a participant, beneficiary, or en- (b) may not require authorization or referral emergency medical condition, and rollee receives care from a nonparticipating by the plan, issuer, or any person (including (ii) within the capabilities of the staff and specialist pursuant to subparagraph (A), a primary care provider described in sub- facilities available at the hospital, such fur- such specialty care shall be provided at no section (b)(2)) in the case of a female partici- ther medical examination and treatment as additional cost to the participant, bene- pant, beneficiary, or enrollee who seeks cov- are required under section 1867 of such Act to ficiary, or enrollee beyond what the partici- erage for obstetrical or gynecological care stabilize the patient. pant, beneficiary, or enrollee would other- provided by a participating health care pro- (C) STABILIZE.—The term ‘‘to stabilize’’, wise pay for such specialty care if provided fessional who specializes in obstetrics or with respect to an emergency medical condi- by a participating specialist. gynecology. tion (as defined in subparagraph (A)), has the (b) REFERRALS.— (2) OBSTETRICAL AND GYNECOLOGICAL meaning given in section 1867(e)(3) of the So- (1) AUTHORIZATION.—Subject to subsection CARE.—A group health plan and a health in- cial Security Act (42 U.S.C. 1395dd(e)(3)). (a)(1), a group health plan or health insur- surance issuer described in subsection (b) (b) REIMBURSEMENT FOR MAINTENANCE CARE ance issuer may require an authorization in shall treat the provision of obstetrical and AND POST-STABILIZATION CARE.—A group order to obtain coverage for specialty serv- gynecological care, and the ordering of re- health plan, and health insurance coverage ices under this section. Any such authoriza- lated obstetrical and gynecological items offered by a health insurance issuer, must tion— and services, pursuant to the direct access provide reimbursement for maintenance care (A) shall be for an appropriate duration of described under paragraph (1), by a partici- and post-stabilization care in accordance time or number of referrals, including an au- pating health care professional who special- with the requirements of section 1852(d)(2) of thorization for a standing referral where ap- izes in obstetrics or gynecology as the au- the Social Security Act (42 U.S.C. 1395w– propriate; and thorization of the primary care provider. 22(d)(2)). Such reimbursement shall be pro- (B) may not be refused solely because the (b) APPLICATION OF SECTION.—A group vided in a manner consistent with subsection authorization involves services of a non- health plan, or health insurance issuer offer- (a)(1)(C). participating specialist (described in sub- ing health insurance coverage, described in (c) COVERAGE OF EMERGENCY AMBULANCE section (a)(3)). this subsection is a group health plan or cov- SERVICES.— (2) REFERRALS FOR ONGOING SPECIAL CONDI- erage that— (1) IN GENERAL.—If a group health plan, or TIONS.— (1) provides coverage for obstetric or health insurance coverage provided by a (A) IN GENERAL.—Subject to subsection gynecologic care; and health insurance issuer, provides any bene- (a)(1), a group health plan and a health in- (2) requires the designation by a partici- fits with respect to ambulance services and surance issuer shall permit a participant, pant, beneficiary, or enrollee of a partici- emergency services, the plan or issuer shall beneficiary, or enrollee who has an ongoing pating primary care provider. cover emergency ambulance services (as de- special condition (as defined in subparagraph (c) CONSTRUCTION.—Nothing in subsection fined in paragraph (2)) furnished under the (B)) to receive a referral to a specialist for (a) shall be construed to— plan or coverage under the same terms and the treatment of such condition and such (1) waive any exclusions of coverage under conditions under subparagraphs (A) through specialist may authorize such referrals, pro- the terms and conditions of the plan or (D) of subsection (a)(1) under which coverage cedures, tests, and other medical services health insurance coverage with respect to is provided for emergency services. with respect to such condition, or coordinate coverage of obstetrical or gynecological (2) EMERGENCY AMBULANCE SERVICES.—For the care for such condition, subject to the care; or purposes of this subsection, the term ‘‘emer- terms of a treatment plan (if any) referred to (2) preclude the group health plan or gency ambulance services’’ means ambu- in subsection (c) with respect to the condi- health insurance issuer involved from requir- lance services (as defined for purposes of sec- tion. ing that the obstetrical or gynecological pro- tion 1861(s)(7) of the Social Security Act) fur- (B) ONGOING SPECIAL CONDITION DEFINED.— vider notify the primary care health care nished to transport an individual who has an In this subsection, the term ‘‘ongoing special professional or the plan or issuer of treat- emergency medical condition (as defined in condition’’ means a condition or disease ment decisions. subsection (a)(2)(A)) to a hospital for the re- that— SEC. 116. ACCESS TO PEDIATRIC CARE. ceipt of emergency services (as defined in (i) is life-threatening, degenerative, poten- (a) PEDIATRIC CARE.—In the case of a per- subsection (a)(2)(B)) in a case in which the tially disabling, or congenital; and son who has a child who is a participant, emergency services are covered under the (ii) requires specialized medical care over a beneficiary, or enrollee under a group health plan or coverage pursuant to subsection prolonged period of time. plan, or health insurance coverage offered by

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.054 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5085 a health insurance issuer, if the plan or spect to a provider that was treating the ter- from requiring that the health care pro- issuer requires or provides for the designa- minal illness before the date of such notice. vider— tion of a participating primary care provider (b) TRANSITIONAL PERIODS.— (A) notify participants, beneficiaries, or for the child, the plan or issuer shall permit (1) SERIOUS AND COMPLEX CONDITIONS.—The enrollees of their rights under this section; such person to designate a physician transitional period under this subsection or (allopathic or osteopathic) who specializes in with respect to a continuing care patient de- (B) provide the plan or issuer with the pediatrics as the child’s primary care pro- scribed in subsection (a)(4)(A) shall extend name of each participant, beneficiary, or en- vider if such provider participates in the net- for up to 90 days (as determined by the treat- rollee who the provider believes is a con- work of the plan or issuer. ing health care professional) from the date of tinuing care patient. (b) CONSTRUCTION.—Nothing in subsection the notice described in subsection (a)(3)(A). (e) DEFINITIONS.—In this section: (a) shall be construed to waive any exclu- (2) INSTITUTIONAL OR INPATIENT CARE.—The (1) CONTRACT.—The term ‘‘contract’’ in- sions of coverage under the terms and condi- transitional period under this subsection for cludes, with respect to a plan or issuer and a tions of the plan or health insurance cov- a continuing care patient described in sub- treating health care provider, a contract be- erage with respect to coverage of pediatric section (a)(4)(B) shall extend until the ear- tween such plan or issuer and an organized care. lier of— network of providers that includes the treat- SEC. 117. CONTINUITY OF CARE. (A) the expiration of the 90-day period be- ing health care provider, and (in the case of (a) TERMINATION OF PROVIDER.— ginning on the date on which the notice such a contract) the contract between the (1) IN GENERAL.—If— under subsection (a)(3)(A) is provided; or treating health care provider and the orga- (A) a contract between a group health (B) the date of discharge of the patient nized network. plan, or a health insurance issuer offering from such care or the termination of the pe- (2) HEALTH CARE PROVIDER.—The term health insurance coverage, and a treating riod of institutionalization, or, if later, the ‘‘health care provider’’ or ‘‘provider’’ health care provider is terminated (as de- date of completion of reasonable follow-up means— fined in paragraph (e)(4)), or care. (A) any individual who is engaged in the (B) benefits or coverage provided by a (3) SCHEDULED NON-ELECTIVE SURGERY.— delivery of health care services in a State health care provider are terminated because The transitional period under this subsection and who is required by State law or regula- of a change in the terms of provider partici- for a continuing care patient described in tion to be licensed or certified by the State pation in such plan or coverage, subsection (a)(4)(C) shall extend until the to engage in the delivery of such services in the plan or issuer shall meet the require- completion of the surgery involved and post- the State; and ments of paragraph (3) with respect to each surgical follow-up care relating to the sur- (B) any entity that is engaged in the deliv- continuing care patient. gery and occurring within 90 days after the ery of health care services in a State and (2) TREATMENT OF TERMINATION OF CON- date of the surgery. that, if it is required by State law or regula- TRACT WITH HEALTH INSURANCE ISSUER.—If a (4) PREGNANCY.—The transitional period tion to be licensed or certified by the State contract for the provision of health insur- under this subsection for a continuing care to engage in the delivery of such services in ance coverage between a group health plan patient described in subsection (a)(4)(D) shall the State, is so licensed. and a health insurance issuer is terminated extend through the provision of post-partum (3) SERIOUS AND COMPLEX CONDITION.—The and, as a result of such termination, cov- care directly related to the delivery. term ‘‘serious and complex condition’’ erage of services of a health care provider is (5) TERMINAL ILLNESS.—The transitional means, with respect to a participant, bene- terminated with respect to an individual, the period under this subsection for a continuing ficiary, or enrollee under the plan or cov- provisions of paragraph (1) (and the suc- care patient described in subsection (a)(4)(E) erage— ceeding provisions of this section) shall shall extend for the remainder of the pa- (A) in the case of an acute illness, a condi- apply under the plan in the same manner as tient’s life for care that is directly related to tion that is serious enough to require spe- if there had been a contract between the plan the treatment of the terminal illness or its cialized medical treatment to avoid the rea- and the provider that had been terminated, medical manifestations. sonable possibility of death or permanent but only with respect to benefits that are (c) PERMISSIBLE TERMS AND CONDITIONS.—A harm; or covered under the plan after the contract group health plan or health insurance issuer (B) in the case of a chronic illness or condi- termination. may condition coverage of continued treat- tion, is an ongoing special condition (as de- (3) REQUIREMENTS.—The requirements of ment by a provider under this section upon fined in section 114(b)(2)(B)). this paragraph are that the plan or issuer— the provider agreeing to the following terms (4) TERMINATED.—The term ‘‘terminated’’ (A) notify the continuing care patient in- and conditions: includes, with respect to a contract, the ex- volved, or arrange to have the patient noti- (1) The treating health care provider piration or nonrenewal of the contract, but fied pursuant to subsection (d)(2), on a time- agrees to accept reimbursement from the does not include a termination of the con- ly basis of the termination described in para- plan or issuer and continuing care patient tract for failure to meet applicable quality graph (1) (or paragraph (2), if applicable) and involved (with respect to cost-sharing) at the standards or for fraud. the right to elect continued transitional care rates applicable prior to the start of the SEC. 118. ACCESS TO NEEDED PRESCRIPTION from the provider under this section; transitional period as payment in full (or, in DRUGS. (B) provide the patient with an oppor- the case described in subsection (a)(2), at the (a) IN GENERAL.—To the extent that a tunity to notify the plan or issuer of the pa- rates applicable under the replacement plan group health plan, or health insurance cov- tient’s need for transitional care; and or coverage after the date of the termination erage offered by a health insurance issuer, (C) subject to subsection (c), permit the pa- of the contract with the group health plan or provides coverage for benefits with respect tient to elect to continue to be covered with health insurance issuer) and not to impose to prescription drugs, and limits such cov- respect to the course of treatment by such cost-sharing with respect to the patient in erage to drugs included in a formulary, the provider with the provider’s consent during a an amount that would exceed the cost-shar- plan or issuer shall— transitional period (as provided for under ing that could have been imposed if the con- (1) ensure the participation of physicians subsection (b)). tract referred to in subsection (a)(1) had not and pharmacists in developing and reviewing (4) CONTINUING CARE PATIENT.—For pur- been terminated. such formulary; poses of this section, the term ‘‘continuing (2) The treating health care provider (2) provide for disclosure of the formulary care patient’’ means a participant, bene- agrees to adhere to the quality assurance to providers; and ficiary, or enrollee who— standards of the plan or issuer responsible (3) in accordance with the applicable qual- (A) is undergoing a course of treatment for for payment under paragraph (1) and to pro- ity assurance and utilization review stand- a serious and complex condition from the vide to such plan or issuer necessary medical ards of the plan or issuer, provide for excep- provider at the time the plan or issuer re- information related to the care provided. tions from the formulary limitation when a ceives or provides notice of provider, benefit, (3) The treating health care provider non-formulary alternative is medically nec- or coverage termination described in para- agrees otherwise to adhere to such plan’s or essary and appropriate and, in the case of graph (1) (or paragraph (2), if applicable); issuer’s policies and procedures, including such an exception, apply the same cost-shar- (B) is undergoing a course of institutional procedures regarding referrals and obtaining ing requirements that would have applied in or inpatient care from the provider at the prior authorization and providing services the case of a drug covered under the for- time of such notice; pursuant to a treatment plan (if any) ap- mulary. (C) is scheduled to undergo non-elective proved by the plan or issuer. (b) COVERAGE OF APPROVED DRUGS AND surgery from the provider at the time of (d) RULES OF CONSTRUCTION.—Nothing in MEDICAL DEVICES.— such notice; this section shall be construed— (1) IN GENERAL.—A group health plan (and (D) is pregnant and undergoing a course of (1) to require the coverage of benefits health insurance coverage offered in connec- treatment for the pregnancy from the pro- which would not have been covered if the tion with such a plan) that provides any cov- vider at the time of such notice; or provider involved remained a participating erage of prescription drugs or medical de- (E) is or was determined to be terminally provider; or vices shall not deny coverage of such a drug ill (as determined under section (2) with respect to the termination of a or device on the basis that the use is inves- 1861(dd)(3)(A) of the Social Security Act) at contract under subsection (a) to prevent a tigational, if the use— the time of such notice, but only with re- group health plan or health insurance issuer (A) in the case of a prescription drug—

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.054 S12PT1 S5086 CONGRESSIONAL RECORD — SENATE May 12, 2005 (i) is included in the labeling authorized by establishing that the individual’s participa- this section, a group health plan, and a the application in effect for the drug pursu- tion in such trial would be appropriate based health insurance issuer providing health in- ant to subsection (b) or (j) of section 505 of upon the individual meeting the conditions surance coverage, may not modify the terms the Federal Food, Drug, and Cosmetic Act, described in paragraph (1). and conditions of coverage based on the de- without regard to any postmarketing re- (c) PAYMENT.— termination by a participant, beneficiary, or quirements that may apply under such Act; (1) IN GENERAL.—Under this section a group enrollee to request less than the minimum or health plan and a health insurance issuer coverage required under subsection (a). (ii) is included in the labeling authorized shall provide for payment for routine patient (c) SECONDARY CONSULTATIONS.— by the application in effect for the drug costs described in subsection (a)(2) but is not (1) IN GENERAL.—A group health plan, and under section 351 of the Public Health Serv- required to pay for costs of items and serv- a health insurance issuer providing health ice Act, without regard to any post- ices that are reasonably expected (as deter- insurance coverage, that provides coverage marketing requirements that may apply pur- mined by the appropriate Secretary) to be with respect to medical and surgical services suant to such section; or paid for by the sponsors of an approved clin- provided in relation to the diagnosis and (B) in the case of a medical device, is in- ical trial. treatment of cancer shall ensure that full cluded in the labeling authorized by a regu- (2) PAYMENT RATE.—In the case of covered coverage is provided for secondary consulta- lation under subsection (d) or (3) of section items and services provided by— tions by specialists in the appropriate med- 513 of the Federal Food, Drug, and Cosmetic (A) a participating provider, the payment ical fields (including pathology, radiology, Act, an order under subsection (f) of such rate shall be at the agreed upon rate; or and oncology) to confirm or refute such diag- section, or an application approved under (B) a nonparticipating provider, the pay- nosis. Such plan or issuer shall ensure that section 515 of such Act, without regard to ment rate shall be at the rate the plan or full coverage is provided for such secondary any postmarketing requirements that may issuer would normally pay for comparable consultation whether such consultation is apply under such Act. services under subparagraph (A). based on a positive or negative initial diag- (2) CONSTRUCTION.—Nothing in this sub- (d) APPROVED CLINICAL TRIAL DEFINED.— nosis. In any case in which the attending section shall be construed as requiring a (1) IN GENERAL.—In this section, the term physician certifies in writing that services group health plan (or health insurance cov- ‘‘approved clinical trial’’ means a clinical re- necessary for such a secondary consultation erage offered in connection with such a plan) search study or clinical investigation— are not sufficiently available from special- to provide any coverage of prescription drugs (A) approved and funded (which may in- ists operating under the plan or coverage or medical devices. clude funding through in-kind contributions) with respect to whose services coverage is SEC. 119. COVERAGE FOR INDIVIDUALS PARTICI- by one or more of the following: otherwise provided under such plan or by PATING IN APPROVED CLINICAL (i) the National Institutes of Health; such issuer, such plan or issuer shall ensure TRIALS. (ii) a cooperative group or center of the that coverage is provided with respect to the (a) COVERAGE.— National Institutes of Health, including a services necessary for the secondary con- (1) IN GENERAL.—If a group health plan, or qualified nongovernmental research entity sultation with any other specialist selected by the attending physician for such purpose health insurance issuer that is providing to which the National Cancer Institute has at no additional cost to the individual be- health insurance coverage, provides coverage awarded a center support grant; yond that which the individual would have to a qualified individual (as defined in sub- (iii) either of the following if the condi- paid if the specialist was participating in the section (b)), the plan or issuer— tions described in paragraph (2) are met— network of the plan or issuer. (A) may not deny the individual participa- (I) the Department of Veterans Affairs; (2) EXCEPTION.—Nothing in paragraph (1) tion in the clinical trial referred to in sub- (II) the Department of Defense; or shall be construed as requiring the provision section (b)(2); (B) approved by the Food and Drug Admin- of secondary consultations where the patient (B) subject to subsection (c), may not deny istration. (or limit or impose additional conditions on) determines not to seek such a consultation. (2) CONDITIONS FOR DEPARTMENTS.—The (d) PROHIBITION ON PENALTIES OR INCEN- the coverage of routine patient costs for conditions described in this paragraph, for a items and services furnished in connection TIVES.—A group health plan, and a health in- study or investigation conducted by a De- surance issuer providing health insurance with participation in the trial; and partment, are that the study or investiga- (C) may not discriminate against the indi- coverage, may not— tion has been reviewed and approved through (1) penalize or otherwise reduce or limit vidual on the basis of the enrollee’s partici- a system of peer review that the appropriate pation in such trial. the reimbursement of a provider or specialist Secretary determines— because the provider or specialist provided (2) EXCLUSION OF CERTAIN COSTS.—For pur- (A) to be comparable to the system of peer care to a participant, beneficiary, or enrollee poses of paragraph (1)(B), routine patient review of studies and investigations used by costs do not include the cost of the tests or in accordance with this section; the National Institutes of Health; and (2) provide financial or other incentives to measurements conducted primarily for the (B) assures unbiased review of the highest purpose of the clinical trial involved. a physician or specialist to induce the physi- ethical standards by qualified individuals cian or specialist to keep the length of inpa- (3) USE OF IN-NETWORK PROVIDERS.—If one who have no interest in the outcome of the tient stays of patients following a mastec- or more participating providers is partici- review. tomy, lumpectomy, or a lymph node dissec- pating in a clinical trial, nothing in para- (e) CONSTRUCTION.—Nothing in this section tion for the treatment of breast cancer below graph (1) shall be construed as preventing a shall be construed to limit a plan’s or certain limits or to limit referrals for sec- plan or issuer from requiring that a qualified issuer’s coverage with respect to clinical ondary consultations; or individual participate in the trial through trials. (3) provide financial or other incentives to such a participating provider if the provider SEC. 120. REQUIRED COVERAGE FOR MINIMUM a physician or specialist to induce the physi- will accept the individual as a participant in HOSPITAL STAY FOR cian or specialist to refrain from referring a the trial. MASTECTOMIES AND LYMPH NODE participant, beneficiary, or enrollee for a (b) QUALIFIED INDIVIDUAL DEFINED.—For DISSECTIONS FOR THE TREATMENT secondary consultation that would otherwise purposes of subsection (a), the term ‘‘quali- OF BREAST CANCER AND COVERAGE be covered by the plan or coverage involved fied individual’’ means an individual who is a FOR SECONDARY CONSULTATIONS. under subsection (c). participant or beneficiary in a group health (a) INPATIENT CARE.— plan, or who is an enrollee under health in- (1) IN GENERAL.—A group health plan, and Subtitle C—Access to Information surance coverage, and who meets the fol- a health insurance issuer providing health SEC. 121. PATIENT ACCESS TO INFORMATION. lowing conditions: insurance coverage, that provides medical (a) REQUIREMENT.— (1)(A) The individual has a life-threatening and surgical benefits shall ensure that inpa- (1) DISCLOSURE.— or serious illness for which no standard tient coverage with respect to the treatment (A) IN GENERAL.—A group health plan, and treatment is effective. of breast cancer is provided for a period of a health insurance issuer that provides cov- (B) The individual is eligible to participate time as is determined by the attending phy- erage in connection with health insurance in an approved clinical trial according to the sician, in consultation with the patient, to coverage, shall provide for the disclosure to trial protocol with respect to treatment of be medically necessary and appropriate fol- participants, beneficiaries, and enrollees— such illness. lowing— (i) of the information described in sub- (C) The individual’s participation in the (A) a mastectomy; section (b) at the time of the initial enroll- trial offers meaningful potential for signifi- (B) a lumpectomy; or ment of the participant, beneficiary, or en- cant clinical benefit for the individual. (C) a lymph node dissection for the treat- rollee under the plan or coverage; (2) Either— ment of breast cancer. (ii) of such information on an annual (A) the referring physician is a partici- (2) EXCEPTION.—Nothing in this section basis— pating health care professional and has con- shall be construed as requiring the provision (I) in conjunction with the election period cluded that the individual’s participation in of inpatient coverage if the attending physi- of the plan or coverage if the plan or cov- such trial would be appropriate based upon cian and patient determine that a shorter pe- erage has such an election period; or the individual meeting the conditions de- riod of hospital stay is medically appro- (II) in the case of a plan or coverage that scribed in paragraph (1); or priate. does not have an election period, in conjunc- (B) the participant, beneficiary, or enrollee (b) PROHIBITION ON CERTAIN MODIFICA- tion with the beginning of the plan or cov- provides medical and scientific information TIONS.—In implementing the requirements of erage year; and

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.055 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5087 (iii) of information relating to any mate- of the network (if the plan or issuer permits benefits are provided directly by the plan rial reduction to the benefits or information out-of-network services), and the right to se- sponsor who bears the insurance risk. described in such subsection or subsection lect a pediatrician as a primary care pro- (16) TRANSLATION SERVICES.—A summary (c), in the form of a notice provided not later vider under section 116 for a participant, ben- description of any translation or interpreta- than 30 days before the date on which the re- eficiary, or enrollee who is a child if such tion services (including the availability of duction takes effect. section applies. printed information in languages other than (B) PARTICIPANTS, BENEFICIARIES, AND EN- (7) PREAUTHORIZATION REQUIREMENTS.—A English, audio tapes, or information in ROLLEES.—The disclosure required under sub- description of the requirements and proce- Braille) that are available for non-English paragraph (A) shall be provided— dures to be used to obtain preauthorization speakers and participants, beneficiaries, and (i) jointly to each participant, beneficiary, for health services, if such preauthorization enrollees with communication disabilities and enrollee who reside at the same address; is required. and a description of how to access these or (8) EXPERIMENTAL AND INVESTIGATIONAL items or services. (ii) in the case of a beneficiary or enrollee TREATMENTS.—A description of the process (17) ACCREDITATION INFORMATION.—Any in- who does not reside at the same address as for determining whether a particular item, formation that is made public by accrediting the participant or another enrollee, sepa- service, or treatment is considered experi- organizations in the process of accreditation rately to the participant or other enrollees mental or investigational, and the cir- if the plan or issuer is accredited, or any ad- and such beneficiary or enrollee. cumstances under which such treatments are ditional quality indicators (such as the re- (2) PROVISION OF INFORMATION.—Informa- covered by the plan or issuer. sults of enrollee satisfaction surveys) that tion shall be provided to participants, bene- (9) SPECIALTY CARE.—A description of the the plan or issuer makes public or makes ficiaries, and enrollees under this section at requirements and procedures to be used by available to participants, beneficiaries, and the last known address maintained by the participants, beneficiaries, and enrollees in enrollees. plan or issuer with respect to such partici- accessing specialty care and obtaining refer- (18) NOTICE OF REQUIREMENTS.—A descrip- pants, beneficiaries, or enrollees, to the ex- rals to participating and nonparticipating tion of any rights of participants, bene- tent that such information is provided to specialists, including any limitations on ficiaries, and enrollees that are established participants, beneficiaries, or enrollees via choice of health care professionals referred by the Patients’ Bill of Rights Act of 2005 the United States Postal Service or other (excluding those described in paragraphs (1) private delivery service. to in section 112(b)(2) and the right to timely access to specialists care under section 114 if through (17)) if such sections apply. The de- (b) REQUIRED INFORMATION.—The informa- scription required under this paragraph may tional materials to be distributed under this such section applies. be combined with the notices of the type de- section shall include for each option avail- (10) CLINICAL TRIALS.—A description of the scribed in sections 711(d), 713(b), or 606(a)(1) able under the group health plan or health circumstances and conditions under which of the Employee Retirement Income Secu- insurance coverage the following: participation in clinical trials is covered rity Act of 1974 and with any other notice (1) BENEFITS.—A description of the covered under the terms and conditions of the plan provision that the appropriate Secretary de- benefits, including— or coverage, and the right to obtain coverage (A) any in- and out-of-network benefits; for approved clinical trials under section 119 termines may be combined, so long as such (B) specific preventive services covered if such section applies. combination does not result in any reduction under the plan or coverage if such services (11) PRESCRIPTION DRUGS.—To the extent in the information that would otherwise be are covered; the plan or issuer provides coverage for pre- provided to the recipient. (C) any specific exclusions or express limi- scription drugs, a statement of whether such (19) AVAILABILITY OF ADDITIONAL INFORMA- tations of benefits described in section coverage is limited to drugs included in a TION.—A statement that the information de- 104(d)(3)(C); formulary, a description of any provisions scribed in subsection (c), and instructions on (D) any other benefit limitations, includ- and cost-sharing required for obtaining on- obtaining such information (including tele- ing any annual or lifetime benefit limits and and off-formulary medications, and a de- phone numbers and, if available, Internet any monetary limits or limits on the number scription of the rights of participants, bene- websites), shall be made available upon re- of visits, days, or services, and any specific ficiaries, and enrollees in obtaining access to quest. coverage exclusions; and access to prescription drugs under section (20) DESIGNATED DECISIONMAKERS.—A de- (E) any definition of medical necessity 118 if such section applies. scription of the participants and bene- used in making coverage determinations by (12) EMERGENCY SERVICES.—A summary of ficiaries with respect to whom each des- the plan, issuer, or claims administrator. the rules and procedures for accessing emer- ignated decisionmaker under the plan has as- (2) COST SHARING.—A description of any gency services, including the right of a par- sumed liability under section 502(o) of the cost-sharing requirements, including— ticipant, beneficiary, or enrollee to obtain Employee Retirement Income Security Act (A) any premiums, deductibles, coinsur- emergency services under the prudent of 1974 and the name and address of each ance, copayment amounts, and liability for layperson standard under section 113, if such such decisionmaker. balance billing, for which the participant, section applies, and any educational infor- (c) ADDITIONAL INFORMATION.—The infor- beneficiary, or enrollee will be responsible mation that the plan or issuer may provide mational materials to be provided upon the under each option available under the plan; regarding the appropriate use of emergency request of a participant, beneficiary, or en- (B) any maximum out-of-pocket expense services. rollee shall include for each option available for which the participant, beneficiary, or en- (13) CLAIMS AND APPEALS.—A description of under a group health plan or health insur- rollee may be liable; the plan or issuer’s rules and procedures per- ance coverage the following: (C) any cost-sharing requirements for out- taining to claims and appeals, a description (1) STATUS OF PROVIDERS.—The State licen- of-network benefits or services received from of the rights (including deadlines for exer- sure status of the plan or issuer’s partici- nonparticipating providers; and cising rights) of participants, beneficiaries, pating health care professionals and partici- (D) any additional cost-sharing or charges and enrollees under subtitle A in obtaining pating health care facilities, and, if avail- for benefits and services that are furnished covered benefits, filing a claim for benefits, able, the education, training, specialty without meeting applicable plan or coverage and appealing coverage decisions internally qualifications or certifications of such pro- requirements, such as prior authorization or and externally (including telephone numbers fessionals. precertification. and mailing addresses of the appropriate au- (2) COMPENSATION METHODS.—A summary (3) DISENROLLMENT.—Information relating thority), and a description of any additional description by category of the applicable to the disenrollment of a participant, bene- legal rights and remedies available under methods (such as capitation, fee-for-service, ficiary, or enrollee. section 502 of the Employee Retirement In- salary, bundled payments, per diem, or a (4) SERVICE AREA.—A description of the come Security Act of 1974 and applicable combination thereof) used for compensating plan or issuer’s service area, including the State law. prospective or treating health care profes- provision of any out-of-area coverage. (14) ADVANCE DIRECTIVES AND ORGAN DONA- sionals (including primary care providers (5) PARTICIPATING PROVIDERS.—A directory TION.—A description of procedures for ad- and specialists) and facilities in connection of participating providers (to the extent a vance directives and organ donation deci- with the provision of health care under the plan or issuer provides coverage through a sions if the plan or issuer maintains such plan or coverage. network of providers) that includes, at a procedures. (3) PRESCRIPTION DRUGS.—Information minimum, the name, address, and telephone (15) INFORMATION ON PLANS AND ISSUERS.— about whether a specific prescription medi- number of each participating provider, and The name, mailing address, and telephone cation is included in the formulary of the information about how to inquire whether a number or numbers of the plan adminis- plan or issuer, if the plan or issuer uses a de- participating provider is currently accepting trator and the issuer to be used by partici- fined formulary. new patients. pants, beneficiaries, and enrollees seeking (4) UTILIZATION REVIEW ACTIVITIES.—A de- (6) CHOICE OF PRIMARY CARE PROVIDER.—A information about plan or coverage benefits scription of procedures used and require- description of any requirements and proce- and services, payment of a claim, or author- ments (including circumstances, timeframes, dures to be used by participants, bene- ization for services and treatment. Notice of and appeals rights) under any utilization re- ficiaries, and enrollees in selecting, access- whether the benefits under the plan or cov- view program under sections 101 and 102, in- ing, or changing their primary care provider, erage are provided under a contract or policy cluding any drug formulary program under including providers both within and outside of insurance issued by an issuer, or whether section 118.

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(5) EXTERNAL APPEALS INFORMATION.—Ag- health insurance coverage, shall not dis- (B) initiates, cooperates, or otherwise par- gregate information on the number and out- criminate with respect to participation or ticipates in an investigation or proceeding comes of external medical reviews, relative indemnification as to any provider who is by such an agency with respect to such care, to the sample size (such as the number of acting within the scope of the provider’s li- services, or conditions. covered lives) under the plan or under the cense or certification under applicable State If an institutional health care provider is a coverage of the issuer. law, solely on the basis of such license or participating provider with such a plan or (d) MANNER OF DISCLOSURE.—The informa- certification. issuer or otherwise receives payments for tion described in this section shall be dis- (b) CONSTRUCTION.—Subsection (a) shall benefits provided by such a plan or issuer, closed in an accessible medium and format not be construed— the provisions of the previous sentence shall that is calculated to be understood by a par- (1) as requiring the coverage under a group apply to the provider in relation to care, ticipant or enrollee. health plan or health insurance coverage of a services, or conditions affecting one or more (e) RULES OF CONSTRUCTION.—Nothing in particular benefit or service or to prohibit a patients within an institutional health care this section shall be construed to prohibit a plan or issuer from including providers only provider in the same manner as they apply group health plan, or a health insurance to the extent necessary to meet the needs of to the plan or issuer in relation to care, serv- issuer in connection with health insurance the plan’s or issuer’s participants, bene- ices, or conditions provided to one or more coverage, from— ficiaries, or enrollees or from establishing participants, beneficiaries, or enrollees; and (1) distributing any other additional infor- any measure designed to maintain quality for purposes of applying this sentence, any mation determined by the plan or issuer to and control costs consistent with the respon- reference to a plan or issuer is deemed a ref- be important or necessary in assisting par- sibilities of the plan or issuer; erence to the institutional health care pro- ticipants, beneficiaries, and enrollees in the (2) to override any State licensure or vider. selection of a health plan or health insur- scope-of-practice law; or (2) GOOD FAITH ACTION.—For purposes of ance coverage; and (3) as requiring a plan or issuer that offers paragraph (1), a protected health care profes- (2) complying with the provisions of this network coverage to include for participa- sional is considered to be acting in good section by providing information in bro- tion every willing provider who meets the faith with respect to disclosure of informa- chures, through the Internet or other elec- terms and conditions of the plan or issuer. tion or participation if, with respect to the tronic media, or through other similar SEC. 133. PROHIBITION AGAINST IMPROPER IN- information disclosed as part of the action— means, so long as— CENTIVE ARRANGEMENTS. (A) the disclosure is made on the basis of (A) the disclosure of such information in (a) IN GENERAL.—A group health plan and a personal knowledge and is consistent with such form is in accordance with require- health insurance issuer offering health insur- that degree of learning and skill ordinarily ments as the appropriate Secretary may im- ance coverage may not operate any physi- possessed by health care professionals with pose, and cian incentive plan (as defined in subpara- the same licensure or certification and the (B) in connection with any such disclosure graph (B) of section 1852(j)(4) of the Social same experience; of information through the Internet or other Security Act) unless the requirements de- (B) the professional reasonably believes electronic media— scribed in clauses (i), (ii)(I), and (iii) of sub- the information to be true; (i) the recipient has affirmatively con- paragraph (A) of such section are met with (C) the information evidences either a vio- sented to the disclosure of such information respect to such a plan. lation of a law, rule, or regulation, of an ap- in such form, (b) APPLICATION.—For purposes of carrying plicable accreditation standard, or of a gen- (ii) the recipient is capable of accessing the out paragraph (1), any reference in section erally recognized professional or clinical information so disclosed on the recipient’s 1852(j)(4) of the Social Security Act to the standard or that a patient is in imminent individual workstation or at the recipient’s Secretary, a MedicareAdvantage organiza- hazard of loss of life or serious injury; and home, tion, or an individual enrolled with the orga- (D) subject to subparagraphs (B) and (C) of (iii) the recipient retains an ongoing right nization shall be treated as a reference to paragraph (3), the professional has followed to receive paper disclosure of such informa- the applicable authority, a group health plan reasonable internal procedures of the plan, tion and receives, in advance of any attempt or health insurance issuer, respectively, and issuer, or institutional health care provider at disclosure of such information to him or a participant, beneficiary, or enrollee with established for the purpose of addressing her through the Internet or other electronic the plan or organization, respectively. quality concerns before making the disclo- media, notice in printed form of such ongo- (c) CONSTRUCTION.—Nothing in this section sure. ing right and of the proper software required shall be construed as prohibiting all capita- (3) EXCEPTION AND SPECIAL RULE.— tion and similar arrangements or all pro- to view information so disclosed, and (A) GENERAL EXCEPTION.—Paragraph (1) (iv) the plan administrator appropriately vider discount arrangements. does not protect disclosures that would vio- ensures that the intended recipient is receiv- SEC. 134. PAYMENT OF CLAIMS. late Federal or State law or diminish or im- ing the information so disclosed and provides A group health plan, and a health insur- pair the rights of any person to the contin- the information in printed form if the infor- ance issuer offering health insurance cov- ued protection of confidentiality of commu- mation is not received. erage, shall provide for prompt payment of nications provided by such law. claims submitted for health care services or (B) NOTICE OF INTERNAL PROCEDURES.—Sub- Subtitle D—Protecting the Doctor-patient supplies furnished to a participant, bene- Relationship paragraph (D) of paragraph (2) shall not ficiary, or enrollee with respect to benefits apply unless the internal procedures in- SEC. 131. PROHIBITION OF INTERFERENCE WITH covered by the plan or issuer, in a manner volved are reasonably expected to be known CERTAIN MEDICAL COMMUNICA- that is no less protective than the provisions TIONS. to the health care professional involved. For of section 1842(c)(2) of the Social Security (a) GENERAL RULE.—The provisions of any purposes of this subparagraph, a health care Act (42 U.S.C. 1395u(c)(2)). contract or agreement, or the operation of professional is reasonably expected to know any contract or agreement, between a group SEC. 135. PROTECTION FOR PATIENT ADVOCACY. of internal procedures if those procedures health plan or health insurance issuer in re- (a) PROTECTION FOR USE OF UTILIZATION RE- have been made available to the professional lation to health insurance coverage (includ- VIEW AND GRIEVANCE PROCESS.—A group through distribution or posting. ing any partnership, association, or other or- health plan, and a health insurance issuer (C) INTERNAL PROCEDURE EXCEPTION.—Sub- ganization that enters into or administers with respect to the provision of health insur- paragraph (D) of paragraph (2) also shall not such a contract or agreement) and a health ance coverage, may not retaliate against a apply if— care provider (or group of health care pro- participant, beneficiary, enrollee, or health (i) the disclosure relates to an imminent viders) shall not prohibit or otherwise re- care provider based on the participant’s, hazard of loss of life or serious injury to a strict a health care professional from advis- beneficiary’s, enrollee’s or provider’s use of, patient; ing such a participant, beneficiary, or en- or participation in, a utilization review proc- (ii) the disclosure is made to an appro- rollee who is a patient of the professional ess or a grievance process of the plan or priate private accreditation body pursuant about the health status of the individual or issuer (including an internal or external re- to disclosure procedures established by the medical care or treatment for the individ- view or appeal process) under this title. body; or ual’s condition or disease, regardless of (b) PROTECTION FOR QUALITY ADVOCACY BY (iii) the disclosure is in response to an in- whether benefits for such care or treatment HEALTH CARE PROFESSIONALS.— quiry made in an investigation or proceeding are provided under the plan or coverage, if (1) IN GENERAL.—A group health plan and a of an appropriate public regulatory agency the professional is acting within the lawful health insurance issuer may not retaliate or and the information disclosed is limited to scope of practice. discriminate against a protected health care the scope of the investigation or proceeding. (b) NULLIFICATION.—Any contract provision professional because the professional in good (4) ADDITIONAL CONSIDERATIONS.—It shall or agreement that restricts or prohibits med- faith— not be a violation of paragraph (1) to take an ical communications in violation of sub- (A) discloses information relating to the adverse action against a protected health section (a) shall be null and void. care, services, or conditions affecting one or care professional if the plan, issuer, or pro- SEC. 132. PROHIBITION OF DISCRIMINATION more participants, beneficiaries, or enrollees vider taking the adverse action involved AGAINST PROVIDERS BASED ON LI- of the plan or issuer to an appropriate public demonstrates that it would have taken the CENSURE. regulatory agency, an appropriate private same adverse action even in the absence of (a) IN GENERAL.—A group health plan, and accreditation body, or appropriate manage- the activities protected under such para- a health insurance issuer with respect to ment personnel of the plan or issuer; or graph.

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(5) NOTICE.—A group health plan, health in- individual enrolled with the issuer to receive shall not be treated as preventing the appli- surance issuer, and institutional health care such coverage. cation of any requirement of this title. provider shall post a notice, to be provided (3) GROUP HEALTH PLAN.—The term ‘‘group (b) APPLICATION OF SUBSTANTIALLY COMPLI- or approved by the Secretary of Labor, set- health plan’’ has the meaning given such ANT STATE LAWS.— ting forth excerpts from, or summaries of, term in section 733(a) of the Employee Re- (1) IN GENERAL.—In the case of a State law the pertinent provisions of this subsection tirement Income Security Act of 1974, except that imposes, with respect to health insur- and information pertaining to enforcement that such term includes a employee welfare ance coverage offered by a health insurance of such provisions. benefit plan treated as a group health plan issuer and with respect to a group health (6) CONSTRUCTIONS.— under section 732(d) of such Act or defined as plan that is a non-Federal governmental (A) DETERMINATIONS OF COVERAGE.—Noth- such a plan under section 607(1) of such Act. plan, a requirement that substantially com- ing in this subsection shall be construed to (4) HEALTH CARE PROFESSIONAL.—The term plies (within the meaning of subsection (c)) prohibit a plan or issuer from making a de- ‘‘health care professional’’ means an indi- with a patient protection requirement (as de- termination not to pay for a particular med- vidual who is licensed, accredited, or cer- fined in paragraph (3)) and does not prevent ical treatment or service or the services of a tified under State law to provide specified the application of other requirements under type of health care professional. health care services and who is operating this Act (except in the case of other substan- (B) ENFORCEMENT OF PEER REVIEW PROTO- within the scope of such licensure, accredita- tially compliant requirements), in applying COLS AND INTERNAL PROCEDURES.—Nothing in tion, or certification. the requirements of this title under section this subsection shall be construed to prohibit (5) HEALTH CARE PROVIDER.—The term 2707 and 2753 (as applicable) of the Public a plan, issuer, or provider from establishing ‘‘health care provider’’ includes a physician Health Service Act (as added by title II), sub- and enforcing reasonable peer review or uti- or other health care professional, as well as ject to subsection (a)(2)— lization review protocols or determining an institutional or other facility or agency (A) the State law shall not be treated as whether a protected health care professional that provides health care services and that is being superseded under subsection (a); and has complied with those protocols or from licensed, accredited, or certified to provide (B) the State law shall apply instead of the establishing and enforcing internal proce- health care items and services under applica- patient protection requirement otherwise dures for the purpose of addressing quality ble State law. applicable with respect to health insurance (6) NETWORK.—The term ‘‘network’’ means, concerns. coverage and non-Federal governmental with respect to a group health plan or health (C) RELATION TO OTHER RIGHTS.—Nothing in plans. insurance issuer offering health insurance this subsection shall be construed to abridge (2) LIMITATION.—In the case of a group coverage, the participating health care pro- rights of participants, beneficiaries, enroll- health plan covered under title I of the Em- fessionals and providers through whom the ees, and protected health care professionals ployee Retirement Income Security Act of plan or issuer provides health care items and under other applicable Federal or State laws. 1974, paragraph (1) shall be construed to services to participants, beneficiaries, or en- (7) PROTECTED HEALTH CARE PROFESSIONAL apply only with respect to the health insur- rollees. DEFINED.—For purposes of this subsection, ance coverage (if any) offered in connection (7) NONPARTICIPATING.—The term ‘‘non- the term ‘‘protected health care profes- with the plan. participating’’ means, with respect to a sional’’ means an individual who is a li- EFINITIONS.—In this section: health care provider that provides health (3) D censed or certified health care professional care items and services to a participant, ben- (A) PATIENT PROTECTION REQUIREMENT.— and who— eficiary, or enrollee under group health plan The term ‘‘patient protection requirement’’ (A) with respect to a group health plan or or health insurance coverage, a health care means a requirement under this title, and in- health insurance issuer, is an employee of provider that is not a participating health cludes (as a single requirement) a group or the plan or issuer or has a contract with the care provider with respect to such items and related set of requirements under a section plan or issuer for provision of services for services. or similar unit under this title. which benefits are available under the plan (8) PARTICIPATING.—The term ‘‘partici- (B) SUBSTANTIALLY COMPLIANT.—The terms or issuer; or pating’’ means, with respect to a health care ‘‘substantially compliant’’, substantially (B) with respect to an institutional health provider that provides health care items and complies’’, or ‘‘substantial compliance’’ with care provider, is an employee of the provider services to a participant, beneficiary, or en- respect to a State law, mean that the State or has a contract or other arrangement with rollee under group health plan or health in- law has the same or similar features as the the provider respecting the provision of surance coverage offered by a health insur- patient protection requirements and has a health care services. ance issuer, a health care provider that fur- similar effect. Subtitle E—Definitions nishes such items and services under a con- (c) DETERMINATIONS OF SUBSTANTIAL COM- SEC. 151. DEFINITIONS. tract or other arrangement with the plan or PLIANCE.— (a) INCORPORATION OF GENERAL DEFINI- issuer. (1) CERTIFICATION BY STATES.—A State may TIONS.—Except as otherwise provided, the (9) PRIOR AUTHORIZATION.—The term ‘‘prior submit to the Secretary a certification that provisions of section 2791 of the Public authorization’’ means the process of obtain- a State law provides for patient protections Health Service Act shall apply for purposes ing prior approval from a health insurance that are at least substantially compliant of this title in the same manner as they issuer or group health plan for the provision with one or more patient protection require- apply for purposes of title XXVII of such or coverage of medical services. ments. Such certification shall be accom- Act. (10) TERMS AND CONDITIONS.—The term panied by such information as may be re- (b) SECRETARY.—Except as otherwise pro- ‘‘terms and conditions’’ includes, with re- quired to permit the Secretary to make the vided, the term ‘‘Secretary’’ means the Sec- spect to a group health plan or health insur- determination described in paragraph (2)(A). retary of Health and Human Services, in con- ance coverage, requirements imposed under (2) REVIEW.— sultation with the Secretary of Labor and this title with respect to the plan or cov- (A) IN GENERAL.—The Secretary shall the term ‘‘appropriate Secretary’’ means the erage. promptly review a certification submitted Secretary of Health and Human Services in SEC. 152. PREEMPTION; STATE FLEXIBILITY; CON- under paragraph (1) with respect to a State relation to carrying out this title under sec- STRUCTION. law to determine if the State law substan- tions 2706 and 2751 of the Public Health Serv- (a) CONTINUED APPLICABILITY OF STATE tially complies with the patient protection ice Act and the Secretary of Labor in rela- LAW WITH RESPECT TO HEALTH INSURANCE requirement (or requirements) to which the tion to carrying out this title under section ISSUERS.— law relates. 714 of the Employee Retirement Income Se- (1) IN GENERAL.—Subject to paragraph (2), (B) APPROVAL DEADLINES.— curity Act of 1974. this title shall not be construed to supersede (i) INITIAL REVIEW.—Such a certification is (c) ADDITIONAL DEFINITIONS.—For purposes any provision of State law which establishes, considered approved unless the Secretary no- of this title: implements, or continues in effect any tifies the State in writing, within 90 days (1) APPLICABLE AUTHORITY.—The term ‘‘ap- standard or requirement solely relating to after the date of receipt of the certification, plicable authority’’ means— health insurance issuers (in connection with that the certification is disapproved (and the (A) in the case of a group health plan, the group health insurance coverage or other- reasons for disapproval) or that specified ad- Secretary of Health and Human Services and wise) except to the extent that such standard ditional information is needed to make the the Secretary of Labor; and or requirement prevents the application of a determination described in subparagraph (B) in the case of a health insurance issuer requirement of this title. (A). with respect to a specific provision of this (2) CONTINUED PREEMPTION WITH RESPECT TO (ii) ADDITIONAL INFORMATION.—With re- title, the applicable State authority (as de- GROUP HEALTH PLANS.—Nothing in this title spect to a State that has been notified by the fined in section 2791(d) of the Public Health shall be construed to affect or modify the Secretary under clause (i) that specified ad- Service Act), or the Secretary of Health and provisions of section 514 of the Employee Re- ditional information is needed to make the Human Services, if such Secretary is enforc- tirement Income Security Act of 1974 with determination described in subparagraph ing such provision under section 2722(a)(2) or respect to group health plans. (A), the Secretary shall make the determina- 2761(a)(2) of the Public Health Service Act. (3) CONSTRUCTION.—In applying this sec- tion within 60 days after the date on which (2) ENROLLEE.—The term ‘‘enrollee’’ tion, a State law that provides for equal ac- such specified additional information is re- means, with respect to health insurance cov- cess to, and availability of, all categories of ceived by the Secretary. erage offered by a health insurance issuer, an licensed health care providers and services (3) APPROVAL.—

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(A) IN GENERAL.—The Secretary shall ap- (b) EXCLUSION FROM ACCESS TO CARE MAN- (b) EXCEPTION.—Subsection (a) shall not prove a certification under paragraph (1) un- AGED CARE PROVISIONS FOR FEE-FOR-SERVICE apply to an agreement providing for arbitra- less— COVERAGE.— tion or participation in any other non- (i) the State fails to provide sufficient in- (1) IN GENERAL.—The provisions of sections judicial procedure to resolve a dispute if the formation to enable the Secretary to make a 111 through 117 shall not apply to a group agreement— determination under paragraph (2)(A); or health plan or health insurance coverage if (1) is entered into knowingly and volun- (ii) the Secretary determines that the the only coverage offered under the plan or tarily by the parties involved after the dis- State law involved does not provide for pa- coverage is fee-for-service coverage (as de- pute has arisen; or tient protections that substantially comply fined in paragraph (2)). (2) is pursuant to the terms of a collective with the patient protection requirement (or (2) FEE-FOR-SERVICE COVERAGE DEFINED.— bargaining agreement. requirements) to which the law relates. For purposes of this subsection, the term Nothing in this subsection shall be construed (B) STATE CHALLENGE.—A State that has a ‘‘fee-for-service coverage’’ means coverage certification disapproved by the Secretary under a group health plan or health insur- to permit the waiver of the requirements of under subparagraph (A) may challenge such ance coverage that— sections 103 and 104 (relating to internal and disapproval in the appropriate United States (A) reimburses hospitals, health profes- external review). district court. sionals, and other providers on a fee-for-serv- TITLE II—APPLICATION OF QUALITY (C) DEFERENCE TO STATES.—With respect to ice basis without placing the provider at fi- CARE STANDARDS TO GROUP HEALTH a certification submitted under paragraph nancial risk; PLANS AND HEALTH INSURANCE COV- (1), the Secretary shall give deference to the (B) does not vary reimbursement for such a ERAGE UNDER THE PUBLIC HEALTH State’s interpretation of the State law in- provider based on an agreement to contract SERVICE ACT volved with respect to the patient protection terms and conditions or the utilization of involved. health care items or services relating to such SEC. 201. APPLICATION TO GROUP HEALTH (D) PUBLIC NOTIFICATION.—The Secretary provider; PLANS AND GROUP HEALTH INSUR- shall— (C) allows access to any provider that is ANCE COVERAGE. (i) provide a State with a notice of the de- lawfully authorized to provide the covered (a) IN GENERAL.—Subpart 2 of part A of termination to approve or disapprove a cer- services and that agrees to accept the terms title XXVII of the Public Health Service Act tification under this paragraph; and conditions of payment established under is amended by adding at the end the fol- (ii) promptly publish in the Federal Reg- the plan or by the issuer; and lowing new section: ister a notice that a State has submitted a (D) for which the plan or issuer does not certification under paragraph (1); require prior authorization before providing ‘‘SEC. 2707. PATIENT PROTECTION STANDARDS. (iii) promptly publish in the Federal Reg- for any health care services. ‘‘Each group health plan shall comply with ister the notice described in clause (i) with SEC. 154. TREATMENT OF EXCEPTED BENEFITS. patient protection requirements under title I respect to the State; and (a) IN GENERAL.—The requirements of this of the Patients’ Bill of Rights Act of 2005, (iv) annually publish the status of all title and the provisions of sections and each health insurance issuer shall com- States with respect to certifications. 502(a)(1)(C), 502(n), and 514(d) of the Em- ply with patient protection requirements (4) CONSTRUCTION.—Nothing in this sub- ployee Retirement Income Security Act of under such title with respect to group health section shall be construed as preventing the 1974 (added by section 402) shall not apply to insurance coverage it offers, and such re- certification (and approval of certification) excepted benefits (as defined in section 733(c) quirements shall be deemed to be incor- of a State law under this subsection solely of such Act), other than benefits described in porated into this subsection.’’. because it provides for greater protections section 733(c)(2)(A) of such Act, in the same (b) CONFORMING AMENDMENT.—Section for patients than those protections otherwise manner as the provisions of part 7 of subtitle 2721(b)(2)(A) of such Act (42 U.S.C. 300gg– required to establish substantial compliance. B of title I of such Act do not apply to such 21(b)(2)(A)) is amended by inserting ‘‘(other (5) PETITIONS.— benefits under subsections (b) and (c) of sec- than section 2707)’’ after ‘‘requirements of (A) PETITION PROCESS.—Effective on the tion 732 of such Act. such subparts’’. date on which the provisions of this Act be- (b) COVERAGE OF CERTAIN LIMITED SCOPE come effective, as provided for in section 601, PLANS.—Only for purposes of applying the re- SEC. 202. APPLICATION TO INDIVIDUAL HEALTH a group health plan, health insurance issuer, quirements of this title under sections 2707 INSURANCE COVERAGE. participant, beneficiary, or enrollee may and 2753 of the Public Health Service Act, Part B of title XXVII of the Public Health submit a petition to the Secretary for an ad- section 714 of the Employee Retirement In- Service Act is amended by inserting after visory opinion as to whether or not a stand- come Security Act of 1974, and section 9813 of section 2752 the following new section: ard or requirement under a State law appli- the Internal Revenue Code of 1986, the fol- cable to the plan, issuer, participant, bene- lowing sections shall be deemed not to apply: ‘‘SEC. 2753. PATIENT PROTECTION STANDARDS. ficiary, or enrollee that is not the subject of (1) Section 2791(c)(2)(A) of the Public ‘‘Each health insurance issuer shall com- a certification under this subsection, is su- Health Service Act. ply with patient protection requirements perseded under subsection (a)(1) because such (2) Section 733(c)(2)(A) of the Employee Re- under title I of the Patients’ Bill of Rights standard or requirement prevents the appli- tirement Income Security Act of 1974. Act of 2005 with respect to individual health cation of a requirement of this title. (3) Section 9832(c)(2)(A) of the Internal insurance coverage it offers, and such re- (B) OPINION.—The Secretary shall issue an Revenue Code of 1986. quirements shall be deemed to be incor- advisory opinion with respect to a petition SEC. 155. REGULATIONS. porated into this subsection.’’. submitted under subparagraph (A) within the The Secretaries of Health and Human 60-day period beginning on the date on which Services, Labor, and the Treasury shall issue SEC. 203. COOPERATION BETWEEN FEDERAL AND STATE AUTHORITIES. such petition is submitted. such regulations as may be necessary or ap- (d) DEFINITIONS.—For purposes of this sec- propriate to carry out this title. Such regu- Part C of title XXVII of the Public Health tion: lations shall be issued consistent with sec- Service Act (42 U.S.C. 300gg–91 et seq.) is (1) STATE LAW.—The term ‘‘State law’’ in- tion 104 of Health Insurance Portability and amended by adding at the end the following: Accountability Act of 1996. Such Secretaries cludes all laws, decisions, rules, regulations, ‘‘SEC. 2793. COOPERATION BETWEEN FEDERAL or other State action having the effect of may promulgate any interim final rules as AND STATE AUTHORITIES. law, of any State. A law of the United States the Secretaries determine are appropriate to ‘‘(a) AGREEMENT WITH STATES.—A State applicable only to the District of Columbia carry out this title. may enter into an agreement with the Sec- shall be treated as a State law rather than a SEC. 156. INCORPORATION INTO PLAN OR COV- retary for the delegation to the State of law of the United States. ERAGE DOCUMENTS. some or all of the Secretary’s authority (2) STATE.—The term ‘‘State’’ includes a The requirements of this title with respect State, the District of Columbia, Puerto Rico, to a group health plan or health insurance under this title to enforce the requirements the Virgin Islands, Guam, American Samoa, coverage are, subject to section 154, deemed applicable under title I of the Patients’ Bill the Northern Mariana Islands, any political to be incorporated into, and made a part of, of Rights Act of 2005 with respect to health subdivisions of such, or any agency or in- such plan or the policy, certificate, or con- insurance coverage offered by a health insur- strumentality of such. tract providing such coverage and are en- ance issuer and with respect to a group forceable under law as if directly included in health plan that is a non-Federal govern- SEC. 153. EXCLUSIONS. the documentation of such plan or such pol- mental plan. (a) NO BENEFIT REQUIREMENTS.—Nothing in icy, certificate, or contract. ‘‘(b) DELEGATIONS.—Any department, agen- this title shall be construed to require a SEC. 157. PRESERVATION OF PROTECTIONS. cy, or instrumentality of a State to which group health plan or a health insurance (a) IN GENERAL.—The rights under this Act authority is delegated pursuant to an agree- issuer offering health insurance coverage to (including the right to maintain a civil ac- ment entered into under this section may, if include specific items and services under the tion and any other rights under the amend- authorized under State law and to the extent terms of such a plan or coverage, other than ments made by this Act) may not be waived, consistent with such agreement, exercise the those provided under the terms and condi- deferred, or lost pursuant to any agreement powers of the Secretary under this title tions of such plan or coverage. not authorized under this Act. which relate to such authority.’’.

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.055 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5091 TITLE III—APPLICATION OF PATIENT ‘‘(D) Section 114 (relating to timely access other provision in the Patients’ Bill of PROTECTION STANDARDS TO FEDERAL to specialists). Rights Act of 2005 with respect to a health HEALTH INSURANCE PROGRAMS ‘‘(E) Section 115 (relating to patient access insurance issuer is deemed to include a ref- SEC. 301. APPLICATION OF PATIENT PROTECTION to obstetrical and gynecological care). erence to a requirement under a State law STANDARDS TO FEDERAL HEALTH ‘‘(F) Section 116 (relating to access to pedi- that substantially complies (as determined INSURANCE PROGRAMS. atric care). under section 152(c) of such Act) with the re- (a) SENSE OF CONGRESS.—It is the sense of ‘‘(G) Section 117 (relating to continuity of quirement in such section or other provi- Congress that enrollees in Federal health in- care), but only insofar as a replacement sions. surance programs should have the same issuer assumes the obligation for continuity ‘‘(8) APPLICATION TO CERTAIN PROHIBITIONS rights and privileges as those afforded under of care. AGAINST RETALIATION.—With respect to com- title I and under the amendments made by ‘‘(H) Section 118 (relating to access to pliance with the requirements of section title IV to participants and beneficiaries needed prescription drugs). 135(b)(1) of the Patients’ Bill of Rights Act of under group health plans. ‘‘(I) Section 119 (relating to coverage for 2005, for purposes of this subtitle the term (b) CONFORMING FEDERAL HEALTH INSUR- individuals participating in approved clinical ‘group health plan’ is deemed to include a ANCE PROGRAMS.—It is the sense of Congress trials). reference to an institutional health care pro- that the President should require, by execu- ‘‘(J) Section 120 (relating to required cov- vider. tive order, the Federal official with author- erage for minimum hospital stay for ‘‘(c) ENFORCEMENT OF CERTAIN REQUIRE- ity over each Federal health insurance pro- mastectomies and lymph node dissections MENTS.— gram, to the extent feasible, to take such for the treatment of breast cancer and cov- ‘‘(1) COMPLAINTS.—Any protected health steps as are necessary to implement the erage for secondary consultations). care professional who believes that the pro- rights and privileges described in subsection ‘‘(K) Section 134 (relating to payment of fessional has been retaliated or discrimi- (a) with respect to such program. claims). nated against in violation of section 135(b)(1) (c) GAO REPORT ON ADDITIONAL STEPS RE- ‘‘(2) INFORMATION.—With respect to infor- of the Patients’ Bill of Rights Act of 2005 QUIRED.—Not later than 1 year after the date mation required to be provided or made may file with the Secretary a complaint of the enactment of this Act, the Comp- available under section 121 of the Patients’ within 180 days of the date of the alleged re- troller General of the United States shall Bill of Rights Act of 2005, in the case of a taliation or discrimination. submit to Congress a report on statutory group health plan that provides benefits in ‘‘(2) INVESTIGATION.—The Secretary shall changes that are required to implement such the form of health insurance coverage investigate such complaints and shall deter- rights and privileges in a manner that is con- through a health insurance issuer, the Sec- mine if a violation of such section has oc- retary shall determine the circumstances sistent with the missions of the Federal curred and, if so, shall issue an order to en- under which the plan is not required to pro- health insurance programs and that avoids sure that the protected health care profes- vide or make available the information (and unnecessary duplication or disruption of sional does not suffer any loss of position, is not liable for the issuer’s failure to pro- such programs. pay, or benefits in relation to the plan, vide or make available the information), if (d) FEDERAL HEALTH INSURANCE PRO- issuer, or provider involved, as a result of the issuer is obligated to provide and make GRAM.—In this section, the term ‘‘Federal the violation found by the Secretary. available (or provides and makes available) health insurance program’’ means a Federal ‘‘(d) CONFORMING REGULATIONS.—The Sec- such information. program that provides creditable coverage retary shall issue regulations to coordinate ‘‘(3) INTERNAL APPEALS.—With respect to (as defined in section 2701(c)(1) of the Public the requirements on group health plans and the internal appeals process required to be Health Service Act) and includes a health health insurance issuers under this section established under section 103 of such Act, in with the requirements imposed under the program of the Department of Veterans Af- the case of a group health plan that provides fairs. other provisions of this title. In order to re- benefits in the form of health insurance cov- duce duplication and clarify the rights of TITLE IV—AMENDMENTS TO THE EM- erage through a health insurance issuer, the participants and beneficiaries with respect PLOYEE RETIREMENT INCOME SECU- Secretary shall determine the circumstances to information that is required to be pro- RITY ACT OF 1974 under which the plan is not required to pro- vided, such regulations shall coordinate the SEC. 401. APPLICATION OF PATIENT PROTECTION vide for such process and system (and is not information disclosure requirements under STANDARDS TO GROUP HEALTH liable for the issuer’s failure to provide for section 121 of the Patients’ Bill of Rights Act PLANS AND GROUP HEALTH INSUR- such process and system), if the issuer is ob- of 2005 with the reporting and disclosure re- ANCE COVERAGE UNDER THE EM- ligated to provide for (and provides for) such quirements imposed under part 1, so long as PLOYEE RETIREMENT INCOME SE- process and system. CURITY ACT OF 1974. such coordination does not result in any re- ‘‘(4) EXTERNAL APPEALS.—Pursuant to rules duction in the information that would other- Subpart B of part 7 of subtitle B of title I of the Secretary, insofar as a group health of the Employee Retirement Income Secu- wise be provided to participants and bene- plan enters into a contract with a qualified ficiaries.’’. rity Act of 1974 is amended by adding at the external appeal entity for the conduct of ex- (b) SATISFACTION OF ERISA CLAIMS PROCE- end the following new section: ternal appeal activities in accordance with DURE REQUIREMENT.—Section 503 of such Act ‘‘SEC. 714. PATIENT PROTECTION STANDARDS. section 104 of such Act, the plan shall be (29 U.S.C. 1133) is amended by inserting ‘‘(a)’’ ‘‘(a) IN GENERAL.—Subject to subsection treated as meeting the requirement of such after ‘‘Sec. 503.’’ and by adding at the end the (b), a group health plan (and a health insur- section and is not liable for the entity’s fail- following new subsection: ance issuer offering group health insurance ure to meet any requirements under such ‘‘(b) In the case of a group health plan (as coverage in connection with such a plan) section. defined in section 733), compliance with the shall comply with the requirements of title I ‘‘(5) APPLICATION TO PROHIBITIONS.—Pursu- requirements of subtitle A of title I of the of the Patients’ Bill of Rights Act of 2005 (as ant to rules of the Secretary, if a health in- Patients’ Bill of Rights Act of 2005, and com- in effect as of the date of the enactment of surance issuer offers health insurance cov- pliance with regulations promulgated by the such Act), and such requirements shall be erage in connection with a group health plan Secretary, in the case of a claims denial, deemed to be incorporated into this sub- and takes an action in violation of any of the shall be deemed compliance with subsection section. following sections of the Patients’ Bill of (a) with respect to such claims denial.’’. ‘‘(b) PLAN SATISFACTION OF CERTAIN RE- Rights Act of 2005, the group health plan (c) CONFORMING AMENDMENTS.—(1) Section QUIREMENTS.— shall not be liable for such violation unless 732(a) of such Act (29 U.S.C. 1185(a)) is ‘‘(1) SATISFACTION OF CERTAIN REQUIRE- the plan caused such violation: amended by striking ‘‘section 711’’ and in- MENTS THROUGH INSURANCE.—For purposes of ‘‘(A) Section 131 (relating to prohibition of serting ‘‘sections 711 and 714’’. subsection (a), insofar as a group health plan interference with certain medical commu- (2) The table of contents in section 1 of provides benefits in the form of health insur- nications). such Act is amended by inserting after the ance coverage through a health insurance ‘‘(B) Section 132 (relating to prohibition of item relating to section 713 the following issuer, the plan shall be treated as meeting discrimination against providers based on li- new item: the following requirements of title I of the censure). ‘‘714. Patient protection standards’’. Patients’ Bill of Rights Act of 2005 with re- ‘‘(C) Section 133 (relating to prohibition (3) Section 502(b)(3) of such Act (29 U.S.C. spect to such benefits and not be considered against improper incentive arrangements). 1132(b)(3)) is amended by inserting ‘‘(other as failing to meet such requirements because ‘‘(D) Section 135 (relating to protection for than section 135(b) of the Patients’ Bill of of a failure of the issuer to meet such re- patient advocacy). Rights Act of 2005, as deemed by subsection quirements so long as the plan sponsor or its ‘‘(6) CONSTRUCTION.—Nothing in this sub- (a) of section 714 of this Act to be incor- representatives did not cause such failure by section shall be construed to affect or modify porated into such subsection)’’ after ‘‘part the issuer: the responsibilities of the fiduciaries of a 7’’. ‘‘(A) Section 111 (relating to consumer group health plan under part 4 of subtitle B. SEC. 402. AVAILABILITY OF CIVIL REMEDIES. choice option). ‘‘(7) TREATMENT OF SUBSTANTIALLY COMPLI- (a) AVAILABILITY OF FEDERAL CIVIL REM- ‘‘(B) Section 112 (relating to choice of ANT STATE LAWS.—For purposes of applying EDIES IN CASES NOT INVOLVING MEDICALLY health care professional). this subsection in connection with health in- REVIEWABLE DECISIONS.— ‘‘(C) Section 113 (relating to access to surance coverage, any reference in this sub- (1) IN GENERAL.—Section 502 of the Em- emergency care). section to a requirement in a section or ployee Retirement Income Security Act of

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1974 (29 U.S.C. 1132) is amended by adding at ‘‘(E) TREATMENT OF EXCEPTED BENEFITS.— any other participant or beneficiary (or any the end the following new subsections: Under section 154(a) of the Patients’ Bill of group of participants or beneficiaries). ‘‘(n) CAUSE OF ACTION RELATING TO PROVI- Rights Act of 2005, the provisions of this sub- ‘‘(D) APPLICATION TO CERTAIN PLANS.— SION OF HEALTH BENEFITS.— section and subsection (a)(1)(C) do not apply ‘‘(i) IN GENERAL.—Notwithstanding any ‘‘(1) IN GENERAL.—In any case in which— to certain excepted benefits. other provision of this subsection, no group ‘‘(A) a person who is a fiduciary of a group ‘‘(5) EXCLUSION OF EMPLOYERS AND OTHER health plan described in clause (ii) (or plan health plan, a health insurance issuer offer- PLAN SPONSORS.— sponsor of such a plan) shall be liable under ing health insurance coverage in connection ‘‘(A) CAUSES OF ACTION AGAINST EMPLOYERS paragraph (1) for the performance of, or the with the plan, or an agent of the plan, issuer, AND PLAN SPONSORS PRECLUDED.—Subject to failure to perform, any non-medically re- or plan sponsor, upon consideration of a subparagraph (B), paragraph (1)(A) does not viewable duty under the plan. claim for benefits of a participant or bene- authorize a cause of action against an em- ‘‘(ii) DEFINITION.—A group health plan de- ficiary under section 102 of the Patients’ Bill ployer or other plan sponsor maintaining the scribed in this clause is— of Rights Act of 2005 (relating to procedures plan (or against an employee of such an em- ‘‘(I) a group health plan that is self-insured for initial claims for benefits and prior au- ployer or sponsor acting within the scope of and self administered by an employer (in- thorization determinations) or upon review employment). cluding an employee of such an employer of a denial of such a claim under section 103 acting within the scope of employment); or ‘‘(B) CERTAIN CAUSES OF ACTION PER- of such Act (relating to internal appeal of a ‘‘(II) a multiemployer plan as defined in MITTED.—Notwithstanding subparagraph (A), denial of a claim for benefits), fails to exer- a cause of action may arise against an em- section 3(37)(A) (including an employee of a cise ordinary care in making a decision— contributing employer or of the plan, or a fi- ployer or other plan sponsor (or against an ‘‘(i) regarding whether an item or service is duciary of the plan, acting within the scope employee of such an employer or sponsor covered under the terms and conditions of of employment or fiduciary responsibility) acting within the scope of employment) the plan or coverage, that is self-insured and self-administered. under paragraph (1)(A), to the extent there ‘‘(ii) regarding whether an individual is a ‘‘(6) EXCLUSION OF PHYSICIANS AND OTHER was direct participation by the employer or participant or beneficiary who is enrolled HEALTH CARE PROFESSIONALS.— other plan sponsor (or employee) in the deci- under the terms and conditions of the plan ‘‘(A) IN GENERAL.—No treating physician or or coverage (including the applicability of sion of the plan under section 102 of the Pa- other treating health care professional of the any waiting period under the plan or cov- tients’ Bill of Rights Act of 2005 upon consid- participant or beneficiary, and no person erage), or eration of a claim for benefits or under sec- acting under the direction of such a physi- ‘‘(iii) as to the application of cost-sharing tion 103 of such Act upon review of a denial cian or health care professional, shall be lia- requirements or the application of a specific of a claim for benefits. ble under paragraph (1) for the performance exclusion or express limitation on the ‘‘(C) DIRECT PARTICIPATION.— of, or the failure to perform, any non-medi- amount, duration, or scope of coverage of ‘‘(i) IN GENERAL.—For purposes of subpara- cally reviewable duty of the plan, the plan items or services under the terms and condi- graph (B), the term ‘direct participation’ sponsor, or any health insurance issuer offer- tions of the plan or coverage, and means, in connection with a decision de- ing health insurance coverage in connection ‘‘(B) such failure is a proximate cause of scribed in paragraph (1)(A), the actual mak- with the plan. personal injury to, or the death of, the par- ing of such decision or the actual exercise of ‘‘(B) DEFINITIONS.—For purposes of sub- ticipant or beneficiary, control in making such decision. paragraph (A)— such plan, plan sponsor, or issuer shall be ‘‘(ii) RULES OF CONSTRUCTION.—For pur- ‘‘(i) HEALTH CARE PROFESSIONAL.—The term liable to the participant or beneficiary (or poses of clause (i), the employer or plan ‘health care professional’ means an indi- the estate of such participant or beneficiary) sponsor (or employee) shall not be construed vidual who is licensed, accredited, or cer- for economic and noneconomic damages (but to be engaged in direct participation because tified under State law to provide specified not exemplary or punitive damages) in con- of any form of decisionmaking or other con- health care services and who is operating nection with such personal injury or death. duct that is merely collateral or precedent within the scope of such licensure, accredita- ‘‘(2) CAUSE OF ACTION MUST NOT INVOLVE to the decision described in paragraph (1)(A) tion, or certification. MEDICALLY REVIEWABLE DECISION.— on a particular claim for benefits of a partic- ‘‘(ii) NON-MEDICALLY REVIEWABLE DUTY.— ‘‘(A) IN GENERAL.—A cause of action is es- ipant or beneficiary, including (but not lim- The term ‘non-medically reviewable duty’ tablished under paragraph (1)(A) only if the ited to)— means a duty the discharge of which does decision referred to in paragraph (1)(A) does ‘‘(I) any participation by the employer or not include the making of a medically re- not include a medically reviewable decision. other plan sponsor (or employee) in the se- viewable decision. ‘‘(B) MEDICALLY REVIEWABLE DECISION.— lection of the group health plan or health in- ‘‘(7) EXCLUSION OF HOSPITALS.—No treating For purposes of this subsection, the term surance coverage involved or the third party hospital of the participant or beneficiary ‘medically reviewable decision’ means a de- administrator or other agent; shall be liable under paragraph (1) for the nial of a claim for benefits under the plan ‘‘(II) any engagement by the employer or performance of, or the failure to perform, which is described in section 104(d)(2) of the other plan sponsor (or employee) in any cost- any non-medically reviewable duty (as de- Patients’ Bill of Rights Act of 2005 (relating benefit analysis undertaken in connection fined in paragraph (6)(B)(ii)) of the plan, the to medically reviewable decisions). with the selection of, or continued mainte- plan sponsor, or any health insurance issuer ‘‘(3) LIMITATION REGARDING CERTAIN TYPES nance of, the plan or coverage involved; offering health insurance coverage in con- OF ACTIONS SAVED FROM PREEMPTION OF STATE ‘‘(III) any participation by the employer or nection with the plan. LAW.—A cause of action is not established other plan sponsor (or employee) in the proc- ‘‘(8) RULE OF CONSTRUCTION RELATING TO under paragraph (1)(A) in connection with a ess of creating, continuing, modifying, or EXCLUSION FROM LIABILITY OF PHYSICIANS, failure described in paragraph (1)(A) to the terminating the plan or any benefit under HEALTH CARE PROFESSIONALS, AND HOS- extent that a cause of action under State law the plan, if such process was not substan- PITALS.—Nothing in paragraph (6) or (7) shall (as defined in section 514(c)) for such failure tially focused solely on the particular situa- be construed to limit the liability (whether would not be preempted under section 514. tion of the participant or beneficiary re- direct or vicarious) of the plan, the plan ‘‘(4) DEFINITIONS AND RELATED RULES.—For ferred to in paragraph (1)(A); and sponsor, or any health insurance issuer offer- purposes of this subsection.— ‘‘(IV) any participation by the employer or ing health insurance coverage in connection ‘‘(A) ORDINARY CARE.—The term ‘ordinary other plan sponsor (or employee) in the de- with the plan. care’ means, with respect to a determination sign of any benefit under the plan, including ‘‘(9) REQUIREMENT OF EXHAUSTION.— on a claim for benefits, that degree of care, the amount of copayment and limits con- ‘‘(A) IN GENERAL.—A cause of action may skill, and diligence that a reasonable and nected with such benefit. not be brought under paragraph (1) in con- prudent individual would exercise in making ‘‘(iii) IRRELEVANCE OF CERTAIN COLLATERAL nection with any denial of a claim for bene- a fair determination on a claim for benefits EFFORTS MADE BY EMPLOYER OR PLAN SPON- fits of any individual until all administra- of like kind to the claims involved. SOR.—For purposes of this subparagraph, an tive processes under sections 102 and 103 of ‘‘(B) PERSONAL INJURY.—The term ‘per- employer or plan sponsor shall not be treat- the Patients’ Bill of Rights Act of 2005 (if ap- sonal injury’ means a physical injury and in- ed as engaged in direct participation in a de- plicable) have been exhausted. cludes an injury arising out of the treatment cision with respect to any claim for benefits ‘‘(B) EXCEPTION FOR NEEDED CARE.—A par- (or failure to treat) a mental illness or dis- or denial thereof in the case of any par- ticipant or beneficiary may seek relief exclu- ease. ticular participant or beneficiary solely by sively in Federal court under subsection ‘‘(C) CLAIM FOR BENEFITS; DENIAL.—The reason of— 502(a)(1)(B) prior to the exhaustion of admin- terms ‘claim for benefits’ and ‘denial of a ‘‘(I) any efforts that may have been made istrative remedies under sections 102, 103, or claim for benefits’ have the meanings pro- by the employer or plan sponsor to advocate 104 of the Patients’ Bill of Rights Act of 2005 vided such terms in section 102(e) of the Pa- for authorization of coverage for that or any (as required under subparagraph (A)) if it is tients’ Bill of Rights Act of 2005. other participant or beneficiary (or any demonstrated to the court that the exhaus- ‘‘(D) TERMS AND CONDITIONS.—The term group of participants or beneficiaries), or tion of such remedies would cause irrep- ‘terms and conditions’ includes, with respect ‘‘(II) any provision that may have been arable harm to the health of the participant to a group health plan or health insurance made by the employer or plan sponsor for or beneficiary. Notwithstanding the award- coverage, requirements imposed under title I benefits which are not covered under the ing of relief under subsection 502(a)(1)(B) of the Patients’ Bill of Rights Act of 2005. terms and conditions of the plan for that or pursuant to this subparagraph, no relief

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shall be available as a result of, or arising determined by the applicable Federal or ‘‘(C) TREATMENT OF CERTAIN TRUST under, paragraph (1)(A) or paragraph (10)(B), State law, whichever period is greater. FUNDS.—For purposes of this paragraph, the with respect to a participant or beneficiary, ‘‘(14) PURCHASE OF INSURANCE TO COVER LI- terms ‘employer’ and ‘plan sponsor’, in con- unless the requirements of subparagraph (A) ABILITY.—Nothing in section 410 shall be con- nection with the assumption by a designated are met. strued to preclude the purchase by a group decisionmaker of the liability of employer or ‘‘(C) RECEIPT OF BENEFITS DURING APPEALS health plan of insurance to cover any liabil- other plan sponsor pursuant to this para- PROCESS.—Receipt by the participant or ben- ity or losses arising under a cause of action graph, shall be construed to include a trust eficiary of the benefits involved in the claim under subsection (a)(1)(C) and this sub- fund maintained pursuant to section 302 of for benefits during the pendency of any ad- section. the Labor Management Relations Act, 1947 ministrative processes referred to in sub- ‘‘(15) EXCLUSION OF DIRECTED RECORD- (29 U.S.C. 186) or the Railway Labor Act (45 paragraph (A) or of any action commenced KEEPERS.— U.S.C. 151 et seq.). under this subsection— ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(19) PREVIOUSLY PROVIDED SERVICES.— ‘‘(i) shall not preclude continuation of all (C), paragraph (1) shall not apply with re- ‘‘(A) IN GENERAL.—Except as provided in such administrative processes to their con- spect to a directed recordkeeper in connec- this paragraph, a cause of action shall not clusion if so moved by any party, and tion with a group health plan. arise under paragraph (1) where the denial ‘‘(ii) shall not preclude any liability under ‘‘(B) DIRECTED RECORDKEEPER.—For pur- involved relates to an item or service that subsection (a)(1)(C) and this subsection in poses of this paragraph, the term ‘directed has already been fully provided to the partic- connection with such claim. recordkeeper’ means, in connection with a ipant or beneficiary under the plan or cov- group health plan, a person engaged in di- erage and the claim relates solely to the sub- The court in any action commenced under rected recordkeeping activities pursuant to sequent denial of payment for the provision this subsection shall take into account any the specific instructions of the plan or the of such item or service. receipt of benefits during such administra- employer or other plan sponsor, including ‘‘(B) EXCEPTION.—Nothing in subparagraph tive processes or such action in determining the distribution of enrollment information (A) shall be construed to— the amount of the damages awarded. and distribution of disclosure materials ‘‘(i) prohibit a cause of action under para- ‘‘(D) ADMISSIBLE.—Any determination under this Act or title I of the Patients’ Bill graph (1) where the nonpayment involved re- made by a reviewer in an administrative pro- of Rights Act of 2005 and whose duties do not sults in the participant or beneficiary being ceeding under section 103 of the Patients’ include making decisions on claims for bene- unable to receive further items or services Bill of Rights Act of 2005 shall be admissible fits. that are directly related to the item or serv- in any Federal court proceeding and shall be ‘‘(C) LIMITATION.—Subparagraph (A) does ice involved in the denial referred to in sub- presented to the trier of fact. not apply in connection with any directed paragraph (A) or that are part of a con- ‘‘(10) STATUTORY DAMAGES.— recordkeeper to the extent that the directed tinuing treatment or series of procedures; or ‘‘(A) IN GENERAL.—The remedies set forth recordkeeper fails to follow the specific in- ‘‘(ii) limit liability that otherwise would in this subsection (n) shall be the exclusive struction of the plan or the employer or arise from the provision of the item or serv- remedies for causes of action brought under other plan sponsor. ices or the performance of a medical proce- this subsection. ‘‘(16) EXCLUSION OF HEALTH INSURANCE dure. ‘‘(B) ASSESSMENT OF CIVIL PENALTIES.—In AGENTS.—Paragraph (1) does not apply with ‘‘(20) EXEMPTION FROM PERSONAL LIABILITY addition to the remedies provided for in respect to a person whose sole involvement FOR INDIVIDUAL MEMBERS OF BOARDS OF DIREC- paragraph (1) (relating to the failure to pro- with the group health plan is providing ad- TORS, JOINT BOARDS OF TRUSTEES, ETC.—Any vide contract benefits in accordance with the vice or administrative services to the em- individual who is— plan), a civil assessment, in an amount not ployer or other plan sponsor relating to the ‘‘(A) a member of a board of directors of an to exceed $5,000,000, payable to the claimant selection of health insurance coverage of- employer or plan sponsor; or may be awarded in any action under such fered in connection with the plan. ‘‘(B) a member of an association, com- paragraph if the claimant establishes by ‘‘(17) NO EFFECT ON STATE LAW.—No provi- mittee, employee organization, joint board clear and convincing evidence that the al- sion of State law (as defined in section of trustees, or other similar group of rep- leged conduct carried out by the defendant 514(c)(1)) shall be treated as superseded or resentatives of the entities that are the plan demonstrated bad faith and flagrant dis- otherwise altered, amended, modified, invali- sponsor of plan maintained by two or more regard for the rights of the participant or dated, or impaired by reason of the provi- employers and one or more employee organi- beneficiary under the plan and was a proxi- sions of subsection (a)(1)(C) and this sub- zations; mate cause of the personal injury or death section. shall not be personally liable under this sub- that is the subject of the claim. ‘‘(18) RELIEF FROM LIABILITY FOR EMPLOYER section for conduct that is within the scope ‘‘(11) LIMITATION ON ATTORNEYS’ FEES.— OR OTHER PLAN SPONSOR BY MEANS OF DES- of employment or of plan-related duties of ‘‘(A) IN GENERAL.—Notwithstanding any IGNATED DECISIONMAKER.— the individuals unless the individual acts in other provision of law, or any arrangement, ‘‘(A) IN GENERAL.—Notwithstanding the di- a fraudulent manner for personal enrich- agreement, or contract regarding an attor- rect participation (as defined in paragraph ment. ney’s fee, the amount of an attorney’s con- (5)(C)(i)) of an employer or plan sponsor, in ‘‘(o) REQUIREMENTS FOR DESIGNATED DECI- tingency fee allowable for a cause of action any case in which there is (or is deemed SIONMAKERS OF GROUP HEALTH PLANS.— brought pursuant to this subsection shall not under subparagraph (B) to be) a designated ‘‘(1) IN GENERAL.—For purposes of sub- exceed 1⁄3 of the total amount of the plain- decisionmaker under subparagraph (B) that section (n)(18) and section 514(d)(9), a des- tiff’s recovery (not including the reimburse- meets the requirements of subsection (o)(1) ignated decisionmaker meets the require- ment of actual out-of-pocket expenses of the for an employer or other plan sponsor— ments of this paragraph with respect to any attorney). ‘‘(i) all liability of such employer or plan participant or beneficiary if— ‘‘(B) DETERMINATION BY DISTRICT COURT.— sponsor involved (and any employee of such ‘‘(A) such designation is in such form as The last Federal district court in which the employer or sponsor acting within the scope may be prescribed in regulations of the Sec- action was pending upon the final disposi- of employment) under this subsection in con- retary, tion, including all appeals, of the action nection with any participant or beneficiary ‘‘(B) the designated decisionmaker— shall have jurisdiction to review the attor- shall be transferred to, and assumed by, the ‘‘(i) meets the requirements of paragraph ney’s fee to ensure that the fee is a reason- designated decisionmaker, and (2), able one. ‘‘(ii) with respect to such liability, the des- ‘‘(ii) assumes unconditionally all liability ‘‘(12) LIMITATION OF ACTION.—Paragraph (1) ignated decisionmaker shall be substituted of the employer or plan sponsor involved shall not apply in connection with any ac- for the employer or sponsor (or employee) in (and any employee of such employer or spon- tion commenced after 3 years after the later the action and may not raise any defense sor acting within the scope of employment) of— that the employer or sponsor (or employee) either arising under subsection (n) or arising ‘‘(A) the date on which the plaintiff first could not raise if such a decisionmaker were in a cause of action permitted under section knew, or reasonably should have known, of not so deemed. 514(d) in connection with actions (and fail- the personal injury or death resulting from ‘‘(B) AUTOMATIC DESIGNATION.—A health in- ures to act) of the employer or plan sponsor the failure described in paragraph (1), or surance issuer shall be deemed to be a des- (or employee) occurring during the period in ‘‘(B) the date as of which the requirements ignated decisionmaker for purposes of sub- which the designation under subsection of paragraph (9) are first met. paragraph (A) with respect to the partici- (n)(18) or section 514(d)(9) is in effect relating ‘‘(13) TOLLING PROVISION.—The statute of pants and beneficiaries of an employer or to such participant and beneficiary, limitations for any cause of action arising plan sponsor, whether or not the employer or ‘‘(iii) agrees to be substituted for the em- under State law relating to a denial of a plan sponsor makes such a designation, and ployer or plan sponsor (or employee) in the claim for benefits that is the subject of an shall be deemed to have assumed uncondi- action and not to raise any defense with re- action brought in Federal court under this tionally all liability of the employer or plan spect to such liability that the employer or subsection shall be tolled until such time as sponsor under such designation in accord- plan sponsor (or employee) may not raise, the Federal court makes a final disposition, ance with subsection (o), unless the em- and including all appeals, of whether such claim ployer or plan sponsor affirmatively enters ‘‘(iv) where paragraph (2)(B) applies, as- should properly be within the jurisdiction of into a contract to prevent the service of the sumes unconditionally the exclusive author- the Federal court. The tolling period shall be designated decisionmaker. ity under the group health plan to make

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medically reviewable decisions under the 514(d) may not be designated as a designated ‘‘(2) DEFINITIONS AND RELATED RULES.—For plan with respect to such participant or ben- decisionmaker under this subsection with re- purposes of this subsection and subsection eficiary, and spect to such participant or beneficiary.’’. (e)— ‘‘(C) the designated decisionmaker and the (2) CONFORMING AMENDMENT.—Section ‘‘(A) TREATMENT OF EXCEPTED BENEFITS.— participants and beneficiaries for whom the 502(a)(1) of such Act (29 U.S.C. 1132(a)(1)) is Under section 154(a) of the Patients’ Bill of decisionmaker has assumed liability are amended— Rights Act of 2005, the provisions of this sub- identified in the written instrument required (A) by striking ‘‘or’’ at the end of subpara- section do not apply to certain excepted ben- under section 402(a) and as required under graph (A); efits. section 121(b)(19) of the Patients’ Bill of (B) in subparagraph (B), by striking ‘‘(B) PERSONAL INJURY.—The term ‘per- Rights Act of 2005. ‘‘plan;’’ and inserting ‘‘plan, or’’; and sonal injury’ means a physical injury and in- Any liability assumed by a designated deci- (C) by adding at the end the following new cludes an injury arising out of the treatment sionmaker pursuant to this subsection shall subparagraph: (or failure to treat) a mental illness or dis- be in addition to any liability that it may ‘‘(C) for the relief provided for in sub- ease. otherwise have under applicable law. section (n) of this section.’’. ‘‘(C) CLAIM FOR BENEFIT; DENIAL.—The ‘‘(2) QUALIFICATIONS FOR DESIGNATED DECI- (b) RULES RELATING TO ERISA PREEMP- terms ‘claim for benefits’ and ‘denial of a SIONMAKERS.— TION.—Section 514 of the Employee Retire- claim for benefits’ shall have the meaning ‘‘(A) IN GENERAL.—Subject to subparagraph ment Income Security Act of 1974 (29 U.S.C. provided such terms under section 102(e) of (B), an entity is qualified under this para- 1144) is amended— the Patients’ Bill of Rights Act of 2005. graph to serve as a designated decisionmaker (1) by redesignating subsection (d) as sub- ‘‘(D) MANAGED CARE ENTITY.— with respect to a group health plan if the en- section (f); and ‘‘(i) IN GENERAL.—The term ‘managed care tity has the ability to assume the liability (2) by inserting after subsection (c) the fol- entity’ means, in connection with a group described in paragraph (1) with respect to lowing new subsections: health plan and subject to clause (ii), any en- participants and beneficiaries under such ‘‘(d) PREEMPTION NOT TO APPLY TO CAUSES tity that is involved in determining the man- plan, including requirements relating to the OF ACTION UNDER STATE LAW INVOLVING ner in which or the extent to which items or financial obligation for timely satisfying the MEDICALLY REVIEWABLE DECISION.— services (or reimbursement therefor) are to assumed liability, and maintains with the plan sponsor and the Secretary certification ‘‘(1) NON-PREEMPTION OF CERTAIN CAUSES OF be provided as benefits under the plan. of such ability. Such certification shall be ACTION.— ‘‘(ii) TREATMENT OF TREATING PHYSICIANS, provided to the plan sponsor or named fidu- ‘‘(A) IN GENERAL.—Except as provided in OTHER TREATING HEALTH CARE PROFES- ciary and to the Secretary upon designation this subsection, nothing in this title (includ- SIONALS, AND TREATING HOSPITALS.—Such under subsection (n)(18)(B) or section ing section 502) shall be construed to super- term does not include a treating physician or 517(d)(9)(B) and not less frequently than an- sede or otherwise alter, amend, modify, in- other treating health care professional (as nually thereafter, or if such designation con- validate, or impair any cause of action under defined in section 502(n)(6)(B)(i)) of the par- stitutes a multiyear arrangement, in con- State law of a participant or beneficiary ticipant or beneficiary and also does not in- junction with the renewal of the arrange- under a group health plan (or the estate of clude a treating hospital insofar as it is act- ment. such a participant or beneficiary) against ing solely in the capacity of providing treat- ‘‘(B) SPECIAL QUALIFICATION IN THE CASE OF the plan, the plan sponsor, any health insur- ment or care to the participant or bene- CERTAIN REVIEWABLE DECISIONS.—In the case ance issuer offering health insurance cov- ficiary. Nothing in the preceding sentence of a group health plan that provides benefits erage in connection with the plan, or any shall be construed to preempt vicarious li- consisting of medical care to a participant or managed care entity in connection with the ability of any plan, plan sponsor, health in- beneficiary only through health insurance plan to recover damages resulting from per- surance issuer, or managed care entity. coverage offered by a single health insurance sonal injury or for wrongful death if such ‘‘(3) EXCLUSION OF EMPLOYERS AND OTHER issuer, such issuer is the only entity that cause of action arises by reason of a medi- PLAN SPONSORS.— may be qualified under this paragraph to cally reviewable decision. ‘‘(A) CAUSES OF ACTION AGAINST EMPLOYERS serve as a designated decisionmaker with re- ‘‘(B) MEDICALLY REVIEWABLE DECISION.— AND PLAN SPONSORS PRECLUDED.—Subject to spect to such participant or beneficiary, and For purposes of subparagraph (A), the term subparagraph (B), paragraph (1) does not shall serve as the designated decisionmaker ‘medically reviewable decision’ means a de- apply with respect to— unless the employer or other plan sponsor nial of a claim for benefits under the plan ‘‘(i) any cause of action against an em- acts affirmatively to prevent such service. which is described in section 104(d)(2) of the ployer or other plan sponsor maintaining the ‘‘(3) REQUIREMENTS RELATING TO FINANCIAL Patients’ Bill of Rights Act of 2005 (relating plan (or against an employee of such an em- OBLIGATIONS.—For purposes of paragraph to medically reviewable decisions). ployer or sponsor acting within the scope of (2)(A), the requirements relating to the fi- ‘‘(C) LIMITATION ON PUNITIVE DAMAGES.— employment), or nancial obligation of an entity for liability ‘‘(i) IN GENERAL.—Except as provided in ‘‘(ii) a right of recovery, indemnity, or con- shall include— clauses (ii) and (iii), with respect to a cause tribution by a person against an employer or ‘‘(A) coverage of such entity under an in- of action described in subparagraph (A) other plan sponsor (or such an employee) for surance policy or other arrangement, se- brought with respect to a participant or ben- damages assessed against the person pursu- cured and maintained by such entity, to ef- eficiary, State law is superseded insofar as it ant to a cause of action to which paragraph fectively insure such entity against losses provides any punitive, exemplary, or similar (1) applies. arising from professional liability claims, in- damages if, as of the time of the personal in- ‘‘(B) CERTAIN CAUSES OF ACTION PER- cluding those arising from its service as a jury or death, all the requirements of the fol- MITTED.—Notwithstanding subparagraph (A), designated decisionmaker under this part; or lowing sections of the Patients’ Bill of paragraph (1) applies with respect to any ‘‘(B) evidence of minimum capital and sur- Rights Act of 2005 were satisfied with respect cause of action that is brought by a partici- plus levels that are maintained by such enti- to the participant or beneficiary: pant or beneficiary under a group health ty to cover any losses as a result of liability ‘‘(I) Section 102 (relating to procedures for plan (or the estate of such a participant or arising from its service as a designated deci- initial claims for benefits and prior author- beneficiary) to recover damages resulting sionmaker under this part. ization determinations). from personal injury or for wrongful death The appropriate amounts of liability insur- ‘‘(II) Section 103 of such Act (relating to against any employer or other plan sponsor ance and minimum capital and surplus levels internal appeals of claims denials). maintaining the plan (or against an em- for purposes of subparagraphs (A) and (B) ‘‘(III) Section 104 of such Act (relating to ployee of such an employer or sponsor acting shall be determined by an actuary using independent external appeals procedures). within the scope of employment) if such sound actuarial principles and accounting ‘‘(ii) EXCEPTION FOR CERTAIN ACTIONS FOR cause of action arises by reason of a medi- practices pursuant to established guidelines WRONGFUL DEATH.—Clause (i) shall not apply cally reviewable decision, to the extent that of the American Academy of Actuaries and with respect to an action for wrongful death there was direct participation by the em- in accordance with such regulations as the if the applicable State law provides (or has ployer or other plan sponsor (or employee) in Secretary may prescribe and shall be main- been construed to provide) for damages in the decision. tained throughout the term for which the such an action which are only punitive or ex- ‘‘(C) DIRECT PARTICIPATION.— designation is in effect. The provisions of emplary in nature. ‘‘(i) DIRECT PARTICIPATION IN DECISIONS.— this paragraph shall not apply in the case of ‘‘(iii) EXCEPTION FOR WILLFUL OR WANTON For purposes of subparagraph (B), the term a designated decisionmaker that is a group DISREGARD FOR THE RIGHTS OR SAFETY OF OTH- ‘direct participation’ means, in connection health plan, plan sponsor, or health insur- ERS.—Clause (i) shall not apply with respect with a decision described in subparagraph ance issuer and that is regulated under Fed- to any cause of action described in subpara- (B), the actual making of such decision or eral law or a State financial solvency law. graph (A) if, in such action, the plaintiff es- the actual exercise of control in making such ‘‘(4) LIMITATION ON APPOINTMENT OF TREAT- tablishes by clear and convincing evidence decision or in the conduct constituting the ING PHYSICIANS.—A treating physician who that conduct carried out by the defendant failure. directly delivered the care, treatment, or with willful or wanton disregard for the ‘‘(ii) RULES OF CONSTRUCTION.—For pur- provided the patient service that is the sub- rights or safety of others was a proximate poses of clause (i), the employer or plan ject of a cause of action by a participant or cause of the personal injury or wrongful sponsor (or employee) shall not be construed beneficiary under subsection (n) or section death that is the subject of the action. to be engaged in direct participation because

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.056 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5095 of any form of decisionmaking or other con- ing of relief under subsection 502(a)(1)(B) ‘‘(A) saving from preemption a cause of ac- duct that is merely collateral or precedent pursuant to this subparagraph, no relief tion under State law for the failure to pro- to the decision described in subparagraph (B) shall be available as a result of, or arising vide a benefit for an item or service which is on a particular claim for benefits of a par- under, paragraph (1)(A) unless the require- specifically excluded under the group health ticular participant or beneficiary, including ments of subparagraph (A) are met. plan involved, except to the extent that— (but not limited to)— ‘‘(D) FAILURE TO REVIEW.— ‘‘(i) the application or interpretation of the ‘‘(I) any participation by the employer or ‘‘(i) IN GENERAL.—If the external review en- exclusion involves a determination described other plan sponsor (or employee) in the se- tity fails to make a determination within in section 104(d)(2) of the Patients’ Bill of lection of the group health plan or health in- the time required under section Rights Act of 2005, or surance coverage involved or the third party 104(e)(1)(A)(i) of the Patients’ Bill of Rights ‘‘(ii) the provision of the benefit for the administrator or other agent; Act of 2005, subparagraph (A) shall not apply item or service is required under Federal law ‘‘(II) any engagement by the employer or with respect to the action after 10 additional or under applicable State law consistent other plan sponsor (or employee) in any cost- days after the date on which such time pe- with subsection (b)(2)(B); benefit analysis undertaken in connection riod has expired and the filing of such action ‘‘(B) preempting a State law which re- with the selection of, or continued mainte- shall not affect the duty of the independent quires an affidavit or certificate of merit in nance of, the plan or coverage involved; medical reviewer (or reviewers) to make a a civil action; ‘‘(III) any participation by the employer or determination pursuant to such section ‘‘(C) affecting a cause of action or remedy other plan sponsor (or employee) in the proc- 104(e)(1)(A)(i). under State law in connection with the pro- ess of creating, continuing, modifying, or ‘‘(ii) EXPEDITED DETERMINATION.—If the ex- vision or arrangement of excepted benefits terminating the plan or any benefit under ternal review entity fails to make a deter- (as defined in section 733(c)), other than the plan, if such process was not substan- mination within the time required under sec- those described in section 733(c)(2)(A); or tially focused solely on the particular situa- tion 104(e)(1)(A)(ii) of the Patients’ Bill of ‘‘(D) affecting a cause of action under tion of the participant or beneficiary re- Rights Act of 2005, subparagraph (A) shall State law other than a cause of action de- ferred to in paragraph (1)(A); and not apply with respect to the action and the scribed in paragraph (1)(A). ‘‘(IV) any participation by the employer or filing of such an action shall not affect the ‘‘(8) PURCHASE OF INSURANCE TO COVER LI- other plan sponsor (or employee) in the de- duty of the independent medical reviewer (or sign of any benefit under the plan, including reviewers) to make a determination pursu- ABILITY.—Nothing in section 410 shall be con- the amount of copayment and limits con- ant to such section 104(e)(1)(A)(ii). strued to preclude the purchase by a group health plan of insurance to cover any liabil- nected with such benefit. ‘‘(E) RECEIPT OF BENEFITS DURING APPEALS ity or losses arising under a cause of action ‘‘(iv) IRRELEVANCE OF CERTAIN COLLATERAL PROCESS.—Receipt by the participant or ben- described in paragraph (1)(A). EFFORTS MADE BY EMPLOYER OR PLAN SPON- eficiary of the benefits involved in the claim ELIEF FROM LIABILITY FOR EMPLOYER SOR.—For purposes of this subparagraph, an for benefits during the pendency of any ad- ‘‘(9) R employer or plan sponsor shall not be treat- ministrative processes referred to in sub- OR OTHER PLAN SPONSOR BY MEANS OF DES- ed as engaged in direct participation in a de- paragraph (A) or the pendency of any action IGNATED DECISIONMAKER.— cision with respect to any claim for benefits with respect to which, under this paragraph, ‘‘(A) IN GENERAL.—Paragraph (1) shall not or denial thereof in the case of any par- subparagraph (A) does not apply— apply with respect to any cause of action de- ticular participant or beneficiary solely by ‘‘(i) shall not preclude continuation of all scribed in paragraph (1)(A) under State law reason of— such administrative processes to their con- insofar as such cause of action provides for ‘‘(I) any efforts that may have been made clusion if so moved by any party, and liability with respect to a participant or ben- by the employer or plan sponsor to advocate ‘‘(ii) shall not preclude any liability under eficiary of an employer or plan sponsor (or for authorization of coverage for that or any subsection (a)(1)(C) and this subsection in an employee of such employer or sponsor other participant or beneficiary (or any connection with such claim. acting within the scope of employment), if group of participants or beneficiaries), or ‘‘(F) ADMISSIBLE.—Any determination with respect to the employer or plan sponsor ‘‘(II) any provision that may have been made by a reviewer in an administrative pro- there is (or is deemed under subparagraph made by the employer or plan sponsor for ceeding under section 104 of the Patients’ (B) to be) a designated decisionmaker that benefits which are not covered under the Bill of Rights Act of 2005 shall be admissible meets the requirements of section 502(o)(1) terms and conditions of the plan for that or in any Federal or State court proceeding and with respect to such participant or bene- any other participant or beneficiary (or any shall be presented to the trier of fact. ficiary. Such paragraph (1) shall apply with group of participants or beneficiaries). ‘‘(5) TOLLING PROVISION.—The statute of respect to any cause of action described in ‘‘(4) REQUIREMENT OF EXHAUSTION.— limitations for any cause of action arising paragraph (1)(A) under State law against the ‘‘(A) IN GENERAL.—Except as provided in under section 502(n) relating to a denial of a designated decisionmaker of such employer subparagraph (D), paragraph (1) shall not claim for benefits that is the subject of an or other plan sponsor with respect to the apply in connection with any action in con- action brought in State court shall be tolled participant or beneficiary. nection with any denial of a claim for bene- until such time as the State court makes a ‘‘(B) AUTOMATIC DESIGNATION.—A health in- fits of any individual until all administra- final disposition, including all appeals, of surance issuer shall be deemed to be a des- tive processes under sections 102, 103, and 104 whether such claim should properly be with- ignated decisionmaker for purposes of sub- of the Patients’ Bill of Rights Act of 2005 (if in the jurisdiction of the State court. The paragraph (A) with respect to the partici- applicable) have been exhausted. tolling period shall be determined by the ap- pants and beneficiaries of an employer or ‘‘(B) LATE MANIFESTATION OF INJURY.— plicable Federal or State law, whichever pe- plan sponsor, whether or not the employer or ‘‘(i) IN GENERAL.—A participant or bene- riod is greater. plan sponsor makes such a designation, and ficiary shall not be precluded from pursuing ‘‘(6) EXCLUSION OF DIRECTED RECORD- shall be deemed to have assumed uncondi- a review under section 104 of the Patients’ KEEPERS.— tionally all liability of the employer or plan Bill of Rights Act of 2005 regarding an injury ‘‘(A) IN GENERAL.—Subject to subparagraph sponsor under such designation in accord- that such participant or beneficiary has ex- (C), paragraph (1) shall not apply with re- ance with subsection (o), unless the em- perienced if the external review entity first spect to any action against a directed rec- ployer or plan sponsor affirmatively enters determines that the injury of such partici- ordkeeper in connection with a group health into a contract to prevent the service of the pant or beneficiary is a late manifestation of plan. designated decisionmaker. an earlier injury. ‘‘(B) DIRECTED RECORDKEEPER.—For pur- ‘‘(C) TREATMENT OF CERTAIN TRUST ‘‘(ii) DEFINITION.—In this subparagraph, poses of this paragraph, the term ‘directed FUNDS.—For purposes of this paragraph, the the term ‘late manifestation of an earlier in- recordkeeper’ means, in connection with a terms ‘employer’ and ‘plan sponsor’, in con- jury’ means an injury sustained by the par- group health plan, a person engaged in di- nection with the assumption by a designated ticipant or beneficiary which was not known, rected recordkeeping activities pursuant to decisionmaker of the liability of employer or and should not have been known, by such the specific instructions of the plan or the other plan sponsor pursuant to this para- participant or beneficiary by the latest date employer or other plan sponsor, including graph, shall be construed to include a trust that the requirements of subparagraph (A) the distribution of enrollment information fund maintained pursuant to section 302 of should have been met regarding the claim for and distribution of disclosure materials the Labor Management Relations Act, 1947 benefits which was denied. under this Act or title I of the Patients’ Bill (29 U.S.C. 186) or the Railway Labor Act (45 ‘‘(C) EXCEPTION FOR NEEDED CARE.—A par- of Rights Act of 2005 and whose duties do not U.S.C. 151 et seq.). ticipant or beneficiary may seek relief exclu- include making decisions on claims for bene- ‘‘(10) PREVIOUSLY PROVIDED SERVICES.— sively in Federal court under subsection fits. ‘‘(A) IN GENERAL.—Except as provided in 502(a)(1)(B) prior to the exhaustion of admin- ‘‘(C) LIMITATION.—Subparagraph (A) does this paragraph, paragraph (1) shall not apply istrative remedies under sections 102, 103, or not apply in connection with any directed with respect to a cause of action where the 104 of the Patients’ Bill of Rights Act of 2005 recordkeeper to the extent that the directed denial involved relates to an item or service (as required under subparagraph (A)) if it is recordkeeper fails to follow the specific in- that has already been fully provided to the demonstrated to the court that the exhaus- struction of the plan or the employer or participant or beneficiary under the plan or tion of such remedies would cause irrep- other plan sponsor. coverage and the claim relates solely to the arable harm to the health of the participant ‘‘(7) CONSTRUCTION.—Nothing in this sub- subsequent denial of payment for the provi- or beneficiary. Notwithstanding the award- section shall be construed as— sion of such item or service.

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‘‘(B) EXCEPTION.—Nothing in subparagraph case of any care provided, or any treatment ‘‘Sec. 9814. Standard relating to women’s (A) shall be construed to— decision made, by the treating health care health and cancer rights’’; and ‘‘(i) exclude a cause of action from exemp- professional or the treating hospital of a par- (2) by inserting after section 9813 the fol- tion under paragraph (1) where the non- ticipant or beneficiary under a group health lowing: payment involved results in the participant plan which consists of medical care provided ‘‘SEC. 9814. STANDARD RELATING TO WOMEN’S or beneficiary being unable to receive fur- under such plan, any cause of action under HEALTH AND CANCER RIGHTS. ther items or services that are directly re- State law against the treating health care ‘‘The provisions of section 713 of the Em- lated to the item or service involved in the professional or the treating hospital by the ployee Retirement Income Security Act of denial referred to in subparagraph (A) or plan or a health insurance issuer providing 1974 (as in effect as of the date of the enact- that are part of a continuing treatment or health insurance coverage in connection ment of this section) shall apply to group series of procedures; with the plan for recovery, indemnity, or health plans as if included in this sub- ‘‘(ii) exclude a cause of action from exemp- contribution in connection with such care chapter.’’. tion under paragraph (1) relating to quality (or any medically reviewable decision made of care; or in connection with such care) or such treat- Subtitle B—Health Care Coverage Access Tax ‘‘(iii) limit liability that otherwise would ment decision is superseded.’’. Incentives arise from the provision of the item or serv- (c) EFFECTIVE DATE.—The amendments SEC. 511. CREDIT FOR HEALTH INSURANCE EX- ices or the performance of a medical proce- made by this section shall apply to acts and PENSES OF SMALL BUSINESSES. dure. omissions (from which a cause of action (a) IN GENERAL.—Subpart D of part IV of ‘‘(11) EXEMPTION FROM PERSONAL LIABILITY arises) occurring on or after the applicable subchapter A of chapter 1 of the Internal FOR INDIVIDUAL MEMBERS OF BOARDS OF DIREC- effective date under section 601. Revenue Code of 1986 (relating to business-re- TORS, JOINT BOARDS OF TRUSTEES, ETC.—Any SEC. 403. COOPERATION BETWEEN FEDERAL AND lated credits) is amended by adding at the individual who is— STATE AUTHORITIES. end the following: ‘‘(A) a member of a board of directors of an (a) IN GENERAL.—Subpart C of part 7 of ‘‘SEC. 45J. SMALL BUSINESS HEALTH INSURANCE employer or plan sponsor; or subtitle B of title I of the Employee Retire- EXPENSES. ‘‘(B) a member of an association, com- ment Income Security Act of 1974 (29 U.S.C. ‘‘(a) GENERAL RULE.—For purposes of sec- mittee, employee organization, joint board 1191 et seq.) is amended by adding at the end tion 38, in the case of a small employer, the of trustees, or other similar group of rep- the following new section: health insurance credit determined under resentatives of the entities that are the plan ‘‘SEC. 735. COOPERATION BETWEEN FEDERAL this section for the taxable year is an sponsor of plan maintained by two or more AND STATE AUTHORITIES. amount equal to the applicable percentage of employers and one or more employee organi- ‘‘(a) AGREEMENT WITH STATES.—A State the expenses paid by the taxpayer during the zations; may enter into an agreement with the Sec- taxable year for health insurance coverage retary for the delegation to the State of shall not be personally liable, by reason of for such year provided under a new health some or all of the Secretary’s authority the exemption of a cause of action from pre- plan for employees of such employer. under this title to enforce the requirements emption under this subsection, for conduct ‘‘(b) APPLICABLE PERCENTAGE.—For pur- applicable under title I of the Patients’ Bill that is within the scope of employment or of poses of subsection (a), the applicable per- of Rights Act of 2005 with respect to health plan-related duties of the individuals unless centage is— insurance coverage offered by a health insur- the individual acts in a fraudulent manner ‘‘(1) in the case of insurance purchased as ance issuer and with respect to a group for personal enrichment. a member of a qualified health benefit pur- health plan that is a non-Federal govern- ‘‘(12) CHOICE OF LAW.—A cause of action ex- chasing coalition (as defined in section 9841), mental plan. empted from preemption under paragraph (1) 30 percent, and ‘‘(b) DELEGATIONS.—Any department, agen- shall be governed by the law (including ‘‘(2) in the case of insurance not described cy, or instrumentality of a State to which choice of law rules) of the State in which the in paragraph (1), 20 percent. authority is delegated pursuant to an agree- plaintiff resides. ‘‘(c) LIMITATIONS.— ment entered into under this section may, if ‘‘(13) LIMITATION ON ATTORNEYS’ FEES.— ‘‘(1) PER EMPLOYEE DOLLAR LIMITATION.— authorized under State law and to the extent ‘‘(A) IN GENERAL.—Notwithstanding any The amount of expenses taken into account consistent with such agreement, exercise the other provision of law, or any arrangement, under subsection (a) with respect to any em- powers of the Secretary under this title agreement, or contract regarding an attor- ployee for any taxable year shall not ex- which relate to such authority.’’. ney’s fee, the amount of an attorney’s con- ceed— (b) CLERICAL AMENDMENT.—The table of tingency fee allowable for a cause of action contents of such Act is amended by inserting ‘‘(A) $2,000 in the case of self-only cov- exemption from preemption under paragraph after the item relating to section 734 the fol- erage, and 1 (1) shall not exceed ⁄3 of the total amount of lowing new item: ‘‘(B) $5,000 in the case of family coverage. the plaintiff’s recovery (not including the re- In the case of an employee who is covered by ‘‘Sec. 735. Cooperation between Federal and imbursement of actual out-of-pocket ex- a new health plan of the employer for only a State authorities’’. penses of the attorney). portion of such taxable year, the limitation ‘‘(B) DETERMINATION BY COURT.—The last TITLE V—AMENDMENTS TO THE under the preceding sentence shall be an court in which the action was pending upon INTERNAL REVENUE CODE OF 1986 amount which bears the same ratio to such the final disposition, including all appeals, of Subtitle A—Application of Patient Protection limitation (determined without regard to the action may review the attorney’s fee to Provisions this sentence) as such portion bears to the ensure that the fee is a reasonable one. SEC. 501. APPLICATION TO GROUP HEALTH entire taxable year. ‘‘(C) NO PREEMPTION OF STATE LAW.—Sub- PLANS UNDER THE INTERNAL REV- ‘‘(2) PERIOD OF COVERAGE.—Expenses may paragraph (A) shall not apply with respect to ENUE CODE OF 1986. be taken into account under subsection (a) a cause of action that is brought in a State Subchapter B of chapter 100 of the Internal only with respect to coverage for the 4-year that has a law or framework of laws with re- Revenue Code of 1986 is amended— period beginning on the date the employer spect to the amount of an attorney’s contin- (1) in the table of sections, by inserting establishes a new health plan. gency fee that may be incurred for the rep- after the item relating to section 9812 the ‘‘(d) DEFINITIONS.—For purposes of this sec- resentation of a participant or beneficiary following new item: tion— (or the estate of such participant or bene- ‘‘Sec. 9813. Standard relating to pa- ‘‘(1) HEALTH INSURANCE COVERAGE.—The ficiary) who brings such a cause of action. tients’ bill of rights’’; and term ‘health insurance coverage’ has the ‘‘(e) RULES OF CONSTRUCTION RELATING TO (2) by inserting after section 9812 the fol- meaning given such term by section HEALTH CARE.—Nothing in this title shall be lowing: 9832(b)(1). construed as— ‘‘SEC. 9813. STANDARD RELATING TO PATIENTS’ ‘‘(2) NEW HEALTH PLAN.— ‘‘(1) affecting any State law relating to the BILL OF RIGHTS. ‘‘(A) IN GENERAL.—The term ‘new health practice of medicine or the provision of, or ‘‘A group health plan shall comply with plan’ means any arrangement of the em- the failure to provide, medical care, or af- the requirements of title I of the Patients’ ployer which provides health insurance cov- fecting any action (whether the liability is Bill of Rights Act of 2005 (as in effect as of erage to employees if— direct or vicarious) based upon such a State the date of the enactment of such Act), and ‘‘(i) such employer (and any predecessor law, such requirements shall be deemed to be in- employer) did not establish or maintain such ‘‘(2) superseding any State law permitted corporated into this section.’’. arrangement (or any similar arrangement) under section 152(b)(1)(A) of the Patients’ SEC. 502. CONFORMING ENFORCEMENT FOR at any time during the 2 taxable years end- Bill of Rights Act of 2005, or WOMEN’S HEALTH AND CANCER ing prior to the taxable year in which the ‘‘(3) affecting any applicable State law RIGHTS. credit under this section is first allowed, and with respect to limitations on monetary Subchapter B of chapter 100 of the Internal ‘‘(ii) such arrangement provides health in- damages. Revenue Code of 1986, as amended by section surance coverage to at least 70 percent of the ‘‘(f) NO RIGHT OF ACTION FOR RECOVERY, IN- 501, is further amended— qualified employees of such employer. DEMNITY, OR CONTRIBUTION BY ISSUERS (1) in the table of sections, by inserting ‘‘(B) QUALIFIED EMPLOYEE.— AGAINST TREATING HEALTH CARE PROFES- after the item relating to section 9813 the ‘‘(i) IN GENERAL.—The term ‘qualified em- SIONALS AND TREATING HOSPITALS.—In the following new item: ployee’ means any employee of an employer

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.057 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5097 if the annual rate of such employee’s com- (as defined in section 9841) for purposes of ‘‘(3) offer to members at least 1 open en- pensation (as defined in section 414(s)) ex- payment or reimbursement of amounts paid rollment period of at least 30 days per cal- ceeds $10,000. or incurred in connection with the establish- endar year, ‘‘(ii) TREATMENT OF CERTAIN EMPLOYEES.— ment and maintenance of such coalition. ‘‘(4) serve a significant geographical area The term ‘employee’ shall include a leased ‘‘(B) EXCLUSIONS.—Such term shall not in- and market to all eligible members in that employee within the meaning of section clude any amount used by a qualified health area, and 414(n). benefit purchasing coalition (as so defined)— ‘‘(5) carry out other functions provided for ‘‘(3) SMALL EMPLOYER.—The term ‘small ‘‘(i) for the purchase of real property, under this section. employer’ has the meaning given to such ‘‘(ii) as payment to, or for the benefit of, ‘‘(e) LIMITATION ON ACTIVITIES.—A pur- term by section 4980D(d)(2); except that only members (or employees or affiliates of such chasing coalition shall not— qualified employees shall be taken into ac- members) of such coalition, or ‘‘(1) perform any activity (including cer- count. ‘‘(iii) for any expense paid or incurred more tification or enforcement) relating to com- ‘‘(e) SPECIAL RULES.— than 48 months after the date of establish- pliance or licensing of health plans, ‘‘(1) CERTAIN RULES MADE APPLICABLE.—For ment of such coalition. ‘‘(2) assume insurance or financial risk in purposes of this section, rules similar to the ‘‘(3) TERMINATION.—This subsection shall relation to any health plan, or rules of section 52 shall apply. not apply— ‘‘(3) perform other activities identified by ‘‘(2) AMOUNTS PAID UNDER SALARY REDUC- ‘‘(A) to qualified health benefit purchasing the State as being inconsistent with the per- TION ARRANGEMENTS.—No amount paid or in- coalition distributions paid or incurred after formance of its duties under this section. curred pursuant to a salary reduction ar- December 31, 2013, and ‘‘(f) ADDITIONAL REQUIREMENTS FOR PUR- rangement shall be taken into account under ‘‘(B) with respect to start-up costs of a coa- CHASING COALITIONS.—As provided by the subsection (a). lition which are paid or incurred after De- Secretary in regulations, a purchasing coali- ‘‘(f) TERMINATION.—This section shall not cember 31, 2014.’’. tion shall be subject to requirements similar apply to expenses paid or incurred by an em- (b) QUALIFIED HEALTH BENEFIT PURCHASING to the requirements of a group health plan ployer with respect to any arrangement es- COALITION.— under this chapter. tablished on or after January 1, 2014.’’. (1) IN GENERAL.—Chapter 100 of such Code ‘‘(g) RELATION TO OTHER LAWS.— (b) CREDIT TO BE PART OF GENERAL BUSI- (relating to group health plan requirements) ‘‘(1) PREEMPTION OF STATE FICTITIOUS NESS CREDIT.—Section 38(b) of such Code (re- is amended by adding at the end the fol- GROUP LAWS.—Requirements (commonly re- lating to current year business credit) is lowing new subchapter: ferred to as fictitious group laws) relating to amended by striking ‘‘plus’’ at the end of ‘‘Subchapter D—Qualified Health Benefit grouping and similar requirements for health paragraph (18), by striking the period at the Purchasing Coalition insurance coverage are preempted to the ex- end of paragraph (19) and inserting ‘‘, plus’’, ‘‘Sec. 9841. Qualified health benefit pur- tent such requirements impede the establish- and by adding at the end the following: chasing coalition ment and operation of qualified health ben- ‘‘(20) in the case of a small employer (as de- ‘‘SEC. 9841. QUALIFIED HEALTH BENEFIT PUR- efit purchasing coalitions. fined in section 45J(d)(3)), the health insur- CHASING COALITION. ‘‘(2) ALLOWING SAVINGS TO BE PASSED ance credit determined under section ‘‘(a) IN GENERAL.—A qualified health ben- THROUGH.—Any State law that prohibits 45J(a).’’. efit purchasing coalition is a private not-for- health insurance issuers from reducing pre- (c) DENIAL OF DOUBLE BENEFIT.—Section profit corporation which— miums on health insurance coverage sold 280C of such Code is amended by adding at ‘‘(1) sells health insurance through State through a qualified health benefit pur- the end the following new subsection: licensed health insurance issuers in the chasing coalition to reflect administrative ‘‘(e) CREDIT FOR SMALL BUSINESS HEALTH State in which the employers to which such savings is preempted. This paragraph shall INSURANCE EXPENSES.— coalition is providing insurance are located, not be construed to preempt State laws that ‘‘(1) IN GENERAL.—No deduction shall be al- and impose restrictions on premiums based on lowed for that portion of the expenses (other- ‘‘(2) establishes to the Secretary, under health status, claims history, industry, age, wise allowable as a deduction) taken into ac- State certification procedures or other pro- gender, or other underwriting factors. count in determining the credit under sec- cedures as the Secretary may provide by reg- ‘‘(3) NO WAIVER OF HIPAA REQUIREMENTS.— tion 45J for the taxable year which is equal ulation, that such coalition meets the re- Nothing in this section shall be construed to to the amount of the credit determined for quirements of this section. change the obligation of health insurance such taxable year under section 45J(a). ‘‘(b) BOARD OF DIRECTORS.— issuers to comply with the requirements of ‘‘(1) IN GENERAL.—Each purchasing coali- ‘‘(2) CONTROLLED GROUPS.—Persons treated title XXVII of the Public Health Service Act as a single employer under subsection (a) or tion under this section shall be governed by with respect to health insurance coverage of- (b) of section 52 shall be treated as 1 person a Board of Directors. fered to small employers in the small group for purposes of this section.’’. ‘‘(2) ELECTION.—The Secretary shall estab- market through a qualified health benefit lish procedures governing election of such (d) CLERICAL AMENDMENT.—The table of purchasing coalition. sections for subpart D of part IV of sub- Board. ‘‘(h) DEFINITION OF SMALL EMPLOYER.—For chapter A of chapter 1 of such Code is ‘‘(3) MEMBERSHIP.—The Board of Directors purposes of this section— amended by adding at the end the following: shall— ‘‘(1) IN GENERAL.—The term ‘small em- ‘‘(A) be composed of representatives of the ployer’ means, with respect to any calendar ‘‘Sec. 45J. Small business health insur- members of the coalition, in equal number, ance expenses’’. year, any employer if such employer em- including small employers and employee rep- ployed an average of at least 2 and not more (e) EFFECTIVE DATE.—The amendments resentatives of such employers, but than 50 qualified employees on business days made by this section shall apply to amounts ‘‘(B) not include other interested parties, during either of the 2 preceding calendar paid or incurred in taxable years beginning such as service providers, health insurers, or years. For purposes of the preceding sen- after December 31, 2006, for arrangements es- insurance agents or brokers which may have tence, a preceding calendar year may be tablished after the date of the enactment of a conflict of interest with the purposes of the taken into account only if the employer was this Act. coalition. in existence throughout such year. SEC. 512. CERTAIN GRANTS BY PRIVATE FOUNDA- ‘‘(c) MEMBERSHIP OF COALITION.— ‘‘(2) EMPLOYERS NOT IN EXISTENCE IN PRE- TIONS TO QUALIFIED HEALTH BEN- ‘‘(1) IN GENERAL.—A purchasing coalition CEDING YEAR EFIT PURCHASING COALITIONS. .—In the case of an employer shall accept all small employers residing which was not in existence throughout the (a) IN GENERAL.—Section 4942 of the Inter- within the area served by the coalition as 1st preceding calendar year, the determina- nal Revenue Code of 1986 (relating to taxes members if such employers request such tion under paragraph (1) shall be based on on failure to distribute income) is amended membership. the average number of qualified employees by adding at the end the following: ‘‘(2) OTHER MEMBERS.—The coalition, at the that it is reasonably expected such employer ‘‘(k) CERTAIN QUALIFIED HEALTH BENEFIT discretion of its Board of Directors, may be will employ on business days in the current PURCHASING COALITION DISTRIBUTIONS.— open to individuals and large employers. calendar year.’’. ‘‘(1) IN GENERAL.—For purposes of sub- ‘‘(3) VOTING.—Members of a purchasing co- (2) CONFORMING AMENDMENT.—The table of section (g), sections 170, 501, 507, 509, and alition shall have voting rights consistent subchapters for chapter 100 of such Code is 2522, and this chapter, a qualified health ben- with the rules established by the State. amended by adding at the end the following efit purchasing coalition distribution by a ‘‘(d) DUTIES OF PURCHASING COALITIONS.— item: private foundation shall be considered to be Each purchasing coalition shall— a distribution for a charitable purpose. ‘‘(1) enter into agreements with small em- ‘‘SUBCHAPTER D—QUALIFIED HEALTH BENEFIT ‘‘(2) QUALIFIED HEALTH BENEFIT PURCHASING ployers (and, at the discretion of its Board, PURCHASING COALITION’’. COALITION DISTRIBUTION.—For purposes of with individuals and other employers) to (c) EFFECTIVE DATE.—The amendment paragraph (1)— provide health insurance benefits to employ- made by subsection (a) shall apply to taxable ‘‘(A) IN GENERAL.—The term ‘qualified ees and retirees of such employers, years beginning after December 31, 2006. health benefit purchasing coalition distribu- ‘‘(2) where feasible, enter into agreements SEC. 513. STATE GRANT PROGRAM FOR MARKET tion’ means any amount paid or incurred by with 3 or more unaffiliated, qualified li- INNOVATION. a private foundation to or on behalf of a censed health plans, to offer benefits to (a) IN GENERAL.—The Secretary of Health qualified health benefit purchasing coalition members, and Human Services (in this section referred

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.057 S12PT1 S5098 CONGRESSIONAL RECORD — SENATE May 12, 2005

to as the ‘‘Secretary’’) shall establish a pro- (f) AUTHORIZATION OF APPROPRIATIONS.— (2) APPLICATION.—The Secretary shall not gram (in this section referred to as the ‘‘pro- There are authorized to be appropriated provide a demonstration grant under the gram’’) to award demonstration grants under $100,000,000 for each fiscal year to carry out program to a State unless— this section to States to allow States to this section. Amounts appropriated under (A) the State submits to the Secretary demonstrate the effectiveness of innovative this subsection shall remain available until such an application, in such a form and man- ways to increase access to health insurance expended. ner, as the Secretary specifies; through market reforms and other innova- (g) STATE DEFINED.—For purposes of this (B) the application includes information tive means. Such innovative means may in- section, the term ‘‘State’’ has the meaning regarding how the demonstration grant will clude (and are not limited to) any of the fol- given such term for purposes of title XIX of address issues such as governance, targeted lowing: the Social Security Act. population, expected cost, and the continu- (1) Alternative group purchasing or pooling SEC. 514. GRANT PROGRAM TO FACILITATE ation after the completion of the demonstra- arrangements, such as purchasing coopera- HEALTH BENEFITS INFORMATION tion grant period; and tives for small businesses, reinsurance pools, FOR SMALL EMPLOYERS. (C) the Secretary determines that the dem- or high risk pools. (a) IN GENERAL.—The Small Business Ad- onstration grant will be used consistent with (2) Individual or small group market re- ministration shall award grants to 1 or more this section. forms. States, local governments, and non-profit or- (3) FOCUS.—A demonstration grant pro- (3) Consumer education and outreach. ganizations for the purposes of— posal under section need not cover all unin- (4) Subsidies to individuals, employers, or (1) demonstrating new and effective ways sured individuals in a State or all health both, in obtaining health insurance. to provide information about the benefits of care benefits with respect to such individ- (b) SCOPE; DURATION.—The program shall health insurance to small employers, includ- uals. be limited to not more than 10 States and to ing tax benefits, increased productivity of (d) EVALUATION.—The Secretary shall enter a total period of 5 years, beginning on the into a contract with an appropriate entity date the first demonstration grant is made. employees, and decreased turnover of em- outside the Department of Health and (c) CONDITIONS FOR DEMONSTRATION ployees, Human Services to conduct an overall eval- GRANTS.— (2) making employers aware of their cur- uation of the program at the end of the pro- (1) IN GENERAL.—The Secretary may not rent rights in the marketplace under State provide for a demonstration grant to a State and Federal health insurance reforms, and gram period. Such evaluation shall include under the program unless the Secretary finds (3) making employers aware of the tax an analysis of improvements in access, costs, that under the proposed demonstration treatment of insurance premiums. quality of care, or choice of coverage, under grant— (b) AUTHORIZATION.—There is authorized to different demonstration grants. (A) the State will provide for demonstrated be appropriated $10,000,000 for each of the (e) OPTION TO PROVIDE FOR INITIAL PLAN- increase of access for some portion of the ex- first 5 fiscal years beginning after the date of NING GRANTS.—Notwithstanding the previous isting uninsured population through a mar- the enactment of this Act for grants under provisions of this section, under the program ket innovation (other than merely through a subsection (a). the Secretary may provide for a portion of financial expansion of a program initiated SEC. 515. STATE GRANT PROGRAM FOR MARKET the amounts appropriated under subsection before the date of the enactment of this Act); INNOVATION. (f) (not to exceed $5,000,000) to be made avail- (B) the State will comply with applicable (a) IN GENERAL.—The Secretary of Health able to any State for initial planning grants Federal laws; and Human Services (in this section referred to permit States to develop demonstration (C) the State will not discriminate among to as the ‘‘Secretary’’) shall establish a pro- grant proposals under the previous provi- participants on the basis of any health sta- gram (in this section referred to as the ‘‘pro- sions of this section. tus-related factor (as defined in section gram’’) to award demonstration grants under (f) AUTHORIZATION OF APPROPRIATIONS.— 2791(d)(9) of the Public Health Service Act), this section to States to allow States to There are authorized to be appropriated except to the extent a State wishes to focus demonstrate the effectiveness of innovative $100,000,000 for each fiscal year to carry out on populations that otherwise would not ob- ways to increase access to health insurance this section. Amounts appropriated under tain health insurance because of such fac- through market reforms and other innova- this subsection shall remain available until tors; and tive means. Such innovative means may in- expended. (g) STATE DEFINED.—For purposes of this (D) the State will provide for such evalua- clude (and are not limited to) any of the fol- section, the term ‘‘State’’ has the meaning tion, in coordination with the evaluation re- lowing: given such term for purposes of title XIX of quired under subsection (d), as the Secretary (1) Alternative group purchasing or pooling the Social Security Act. may specify. arrangements, such as purchasing coopera- (2) APPLICATION.—The Secretary shall not tives for small businesses, reinsurance pools, TITLE VI—EFFECTIVE DATES; provide a demonstration grant under the or high risk pools. COORDINATION IN IMPLEMENTATION program to a State unless— (2) Individual or small group market re- SEC. 601. EFFECTIVE DATES. (A) the State submits to the Secretary forms. (a) GROUP HEALTH COVERAGE.— such an application, in such a form and man- (3) Consumer education and outreach. (1) IN GENERAL.—Subject to paragraph (2) ner, as the Secretary specifies; (4) Subsidies to individuals, employers, or and subsection (d), the amendments made by (B) the application includes information both, in obtaining health insurance. sections 201(a), 401, 501, and 502 (and title I regarding how the demonstration grant will (b) SCOPE; DURATION.—The program shall insofar as it relates to such sections) shall address issues such as governance, targeted be limited to not more than 10 States and to apply with respect to group health plans, and population, expected cost, and the continu- a total period of 5 years, beginning on the health insurance coverage offered in connec- ation after the completion of the demonstra- date the first demonstration grant is made. tion with group health plans, for plan years tion grant period; and (c) CONDITIONS FOR DEMONSTRATION beginning on or after October 1, 2006 (in this (C) the Secretary determines that the dem- GRANTS.— section referred to as the ‘‘general effective onstration grant will be used consistent with (1) IN GENERAL.—The Secretary may not date’’). this section. provide for a demonstration grant to a State (2) TREATMENT OF COLLECTIVE BARGAINING (3) FOCUS.—A demonstration grant pro- under the program unless the Secretary finds AGREEMENTS.—In the case of a group health posal under section need not cover all unin- that under the proposed demonstration plan maintained pursuant to one or more sured individuals in a State or all health grant— collective bargaining agreements between care benefits with respect to such individ- (A) the State will provide for demonstrated employee representatives and one or more uals. increase of access for some portion of the ex- employers ratified before the date of the en- (d) EVALUATION.—The Secretary shall enter isting uninsured population through a mar- actment of this Act, the amendments made into a contract with an appropriate entity ket innovation (other than merely through a by sections 201(a), 401, 501, and 502 (and title outside the Department of Health and financial expansion of a program initiated I insofar as it relates to such sections) shall Human Services to conduct an overall eval- uation of the program at the end of the pro- before the date of the enactment of this Act); not apply to plan years beginning before the gram period. Such evaluation shall include (B) the State will comply with applicable later of— an analysis of improvements in access, costs, Federal laws; (A) the date on which the last collective quality of care, or choice of coverage, under (C) the State will not discriminate among bargaining agreements relating to the plan different demonstration grants. participants on the basis of any health sta- terminates (excluding any extension thereof (e) OPTION TO PROVIDE FOR INITIAL PLAN- tus-related factor (as defined in section agreed to after the date of the enactment of NING GRANTS.—Notwithstanding the previous 2791(d)(9) of the Public Health Service Act), this Act); or provisions of this section, under the program except to the extent a State wishes to focus (B) the general effective date; the Secretary may provide for a portion of on populations that otherwise would not ob- but shall apply not later than 1 year after the amounts appropriated under subsection tain health insurance because of such fac- the general effective date. For purposes of (f) (not to exceed $5,000,000) to be made avail- tors; and subparagraph (A), any plan amendment made able to any State for initial planning grants (D) the State will provide for such evalua- pursuant to a collective bargaining agree- to permit States to develop demonstration tion, in coordination with the evaluation re- ment relating to the plan which amends the grant proposals under the previous provi- quired under subsection (d), as the Secretary plan solely to conform to any requirement sions of this section. may specify. added by this Act shall not be treated as a

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.057 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5099 termination of such collective bargaining the remainder of this Act, the amendments quote in full the operative language, agreement. made by this Act, and the application of the which appears in the very first sub- (b) INDIVIDUAL HEALTH INSURANCE COV- provisions of such to any person or cir- stantive section of the legislation: ERAGE.—Subject to subsection (d), the cumstance shall not be affected thereby. ‘‘The Secretary shall ensure that amendments made by section 202 shall apply TITLE VII—MISCELLANEOUS PROVISIONS with respect to individual health insurance homeland security grants are allocated SEC. 701. NO IMPACT ON SOCIAL SECURITY based on an assessment of threat, vul- coverage offered, sold, issued, renewed, in ef- TRUST FUND. fect, or operated in the individual market on (a) IN GENERAL.—Nothing in this Act (or an nerability, and consequence to the or after the general effective date. amendment made by this Act) shall be con- maximum extent practicable.’’ (c) TREATMENT OF RELIGIOUS NONMEDICAL strued to alter or amend the Social Security This direction covers the four major PROVIDERS.— Act (or any regulation promulgated under first-responder grant programs admin- (1) IN GENERAL.—Nothing in this Act (or that Act). istered by Department of Homeland Se- the amendments made thereby) shall be con- (b) TRANSFERS.— curity in addition to grants for seaport strued to— (1) ESTIMATE OF SECRETARY.—The Sec- (A) restrict or limit the right of group retary of the Treasury shall annually esti- and airport security—called ‘‘covered health plans, and of health insurance issuers mate the impact that the enactment of this grants’’ in the bill, including: 1. the offering health insurance coverage, to in- Act has on the income and balances of the State Homeland Security Grant Pro- clude as providers religious nonmedical pro- trust funds established under section 201 of gram; 2. the Urban Area Security Ini- viders; the Social Security Act (42 U.S.C. 401). tiative; 3. the Law Enforcement Ter- (B) require such plans or issuers to— (2) TRANSFER OF FUNDS.—If, under para- rorism Prevention Program; and 4. the (i) utilize medically based eligibility stand- graph (1), the Secretary of the Treasury esti- Citizens Corps Program. ards or criteria in deciding provider status of mates that the enactment of this Act has a Reduces the ‘‘small state minimum’’ religious nonmedical providers; negative impact on the income and balances to 25 percent per State. Current prac- (ii) use medical professionals or criteria to of the trust funds established under section decide patient access to religious nonmedical 201 of the Social Security Act (42 U.S.C. 401), tice requires each state to get .75 per- providers; the Secretary shall transfer, not less fre- cent of much of the grant funding. (iii) utilize medical professionals or cri- quently than quarterly, from the general That means 37.5 percent of the funds teria in making decisions in internal or ex- revenues of the Federal Government an are marked for distribution before any ternal appeals regarding coverage for care by amount sufficient so as to ensure that the risk analysis. religious nonmedical providers; or income and balances of such trust funds are Requires grants be designed to meet (iv) compel a participant or beneficiary to not reduced as a result of the enactment of ‘‘essential capabilities.’’ Essential ca- undergo a medical examination or test as a such Act. condition of receiving health insurance cov- pabilities are what we get for the erage for treatment by a religious nonmed- By Mrs. FEINSTEIN (for herself, money spent—the ability to address ical provider; or Mr. CORNYN, Mr. LAUTENBERG, the risk by reducing vulnerability to (C) require such plans or issuers to exclude Mrs. HUTCHISON, Mrs. BOXER, attack and by diminishing the con- religious nonmedical providers because they Mr. CORZINE, Mr. SCHUMER, sequences of such an attack by effec- do not provide medical or other required Mrs. CLINTON, Mr. NELSON of tive response. data, if such data is inconsistent with the re- Ensures that States quickly and ef- ligious nonmedical treatment or nursing Florida, and Mr. KENNEDY): S. 1013. A bill to improve the alloca- fectively pass on Federal funds to care provided by the provider. where they are needed so that Federal (2) RELIGIOUS NONMEDICAL PROVIDER.—For tion of grants through the Department purposes of this subsection, the term ‘‘reli- of Homeland Security, and for other funds are not held back. gious nonmedical provider’’ means a pro- purposes; to the Committee on Home- The bottom line is this: if Federal vider who provides no medical care but who land Security and Governmental Af- funds are going to be distributed to im- provides only religious nonmedical treat- fairs. prove our national ability to ‘‘prevent, ment or religious nonmedical nursing care. Mrs. FEINSTEIN. Mr. President, I prepare for, respond to, or mitigate (d) TRANSITION FOR NOTICE REQUIREMENT.— rise today to introduce the Homeland threatened or actual terrorist at- The disclosure of information required under Security FORWARD Funding Act of tacks,’’ those funds should be distrib- section 121 of this Act shall first be provided uted in accordance with a risk-based pursuant to— 2005. I am pleased to be joined by my (1) subsection (a) with respect to a group colleague from Texas, Senator JOHN analysis. health plan that is maintained as of the gen- CORNYN, as well as Senators LAUTEN- In this post-Cold War world of asym- eral effective date, not later than 30 days be- BERG, HUTCHISON, BOXER, CORZINE, metric threat there are two funda- fore the beginning of the first plan year to SCHUMER, CLINTON and Senator NELSON mental principles we should apply to which title I applies in connection with the of Florida. efforts to make our nation more secure plan under such subsection; or It is time that Congress ensures that against a terrorist attack: the first is (2) subsection (b) with respect to an indi- funding to bolster the security of our that understanding and predicting vidual health insurance coverage that is in what terrorists will do requires risk effect as of the general effective date, not nation goes to where the threat is the later than 30 days before the first date as of greatest. analysis. which title I applies to the coverage under Unfortunately, billions of dollars in It is an uncomfortable fact that, even such subsection. homeland security funds to states and with the best intelligence, we will SEC. 602. COORDINATION IN IMPLEMENTATION. local communities—including $3.6 bil- never know exactly how, when and The Secretary of Labor and the Secretary lion in fiscal year 2005—are now being where terrorists will strike—the best of Health and Human Services shall ensure, distributed to areas that are not at the we can do is try to assess risks and through the execution of an interagency greatest risk of terrorist attack. threats, and make predictions. memorandum of understanding among such To do this, we need to adopt risk- The second principle is that our de- Secretaries, that— based analysis to determine where our fense resources are finite. (1) regulations, rulings, and interpreta- homeland security funding goes, rather The total amount of money, time and tions issued by such Secretaries relating to personnel that can be devoted to home- the same matter over which such Secretaries than continue with the present system have responsibility under the provisions of of ad hoc determinations, ‘‘small-state land security is limited. That means this Act (and the amendments made thereby) minimums’’ and poorly understood de- tough choices have to be made by both are administered so as to have the same ef- cision-making, that leave some targets the Congress, and by Executive Branch fect at all times; and exposed to threats while sending re- officials at the Federal, State and (2) coordination of policies relating to en- sources to places where there is little Local level. forcing the same requirements through such chance of terrorist attack. Together these two principles define Secretaries in order to have a coordinated This legislation will ensure that pri- what we need to do for our Nation: ac- enforcement strategy that avoids duplica- orities are set according to analysis of curately assess the risks of an array of tion of enforcement efforts and assigns prior- ities in enforcement. risk and threat. Specifically it directs possible terrorist attacks; measure the SEC. 603. SEVERABILITY. the Secretary of Homeland Security to vulnerability of all of these possible If any provision of this Act, an amendment allocate funding to homeland security targets, and then allocate our re- made by this Act, or the application of such grants based on risk analysis. sources based on that assessment. provision or amendment to any person or This is the core of the bill, and I be- Three years ago, we created the De- circumstance is held to be unconstitutional, lieve it is so important that I will partment of Homeland Security in an

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.057 S12PT1 S5100 CONGRESSIONAL RECORD — SENATE May 12, 2005 effort to create an institution that The Department of Homeland Secu- security measures. In an effort to re- could perform this task. rity must embrace not only the con- spond quickly to the devastation that The core element of the new Depart- cept of risk-based allocation, but also was wrought upon our country, the ment was to be the Information Assess- the practical aspects of the discipline. Federal Government created a system ment and Infrastructure Protection Di- That means improving the intelligence that worked to raise overall national rectorate, which would ‘‘merge under analysis and vulnerability assessment emergency preparedness to ensure we one roof the capability to identify and functions of the Department. could better guard against another assess current and future threats to the We also need to follow through on such terrorist attack. homeland, map those threats against last year’s intelligence reform efforts, And so we embarked on the task of our vulnerabilities, issue timely warn- since the product of the Intelligence shoring up our airline, transportation, ings and take preventive and protec- Community—analysis of the plans, in- border, and port security. We worked tive action.’’ tentions and capabilities of terrorist to protect our critical infrastructure, We are failing in this effort. groups—is the key element in an effec- to protect our cyber security, our agri- The 9/11 Commission agreed, finding tive risk analysis. culture and food supply systems. that ‘‘nothing has been harder for offi- This will not be easy. There are lots But taxpayer dollars are not limit- cials—executive or legislative than to of vested interests who will oppose less, and Congress must work to ensure set priorities, making hard choices in such efforts. But our nation’s safety is every penny be directed where it will allocating limited resources.’’ at sake. It is time to put aside pork- do the most good. It is imperative that The Commission concluded, ‘‘Home- barrel politics and a Cold War men- we guard the places across our nation land security assistance should be tality and get to work. where terrorists may strike and where based strictly on an assessment of Last year Representatives COX and such strikes could do the most damage risks and vulnerabilities.’’ TURNER, the Chair and Ranking Mem- to our people, our government, and our This bill does just that. The New York Times, an editorial ber, respectively, of the other body’s national economy. We believe this is published last month, titled ‘‘Real Se- Homeland Security Committee put the most responsible way to prepare for curity, or Politics as Usual?’’ agreed: forth similar legislation. any future terrorist attack. That effort passed the House of Rep- We need to have a system that will Any terrorist who has followed how domes- tic security money is distributed in this resentatives as part of the Intelligence protect our most vulnerable population country must be encouraged by the govern- Reform Bill, but was dropped at con- centers, and that recognizes the need ment’s ineptness . . . The current formula is ference—that bill has been reintro- to protect the critical infrastructure based in part on population, rather than duced, and is scheduled for consider- and vital components of our national risk, and contains state minimums, so even ation on the floor of the House this economy. I am reminded of a recent sparsely populated states that hardly have a week. tour I took of several Texas seaports. I plausible terrorism target are raking in This bill is based on Chairman COX’S visited with port directors, industry money. This is the formula that gave Wyo- leaders, and emergency responders in ming seven times more domestic security efforts, and with a few exceptions money per capita than New York . . . If tracks it closely. and around the ports of Houston, Beau- there were a successful attack on Wall However, unlike the House bill, this mont, and Corpus Christi. They have Street or the ports of Los Angeles and Long bill makes an across-the-board reduc- enormous security needs and the con- Beach, it would be a blow to the whole na- tion of the small-State minimum to .25 sequences of a terrorist attack on any tion. Defending places where the terrorist percent—the House bill retains a slid- of these facilities would be dev- threat is greatest is not parochialism; it is ing scale that I believe will have the ef- astating, not only to the local commu- defending America. fect of undercutting its risk-based ap- nities, but to the economic engine of Despite these recommendations, we proach. the whole country. find again and again that scarce re- In this body, Senators COLLINS and The legislation that Senator FEIN- sources are allocated based on factors LIEBERMAN have been working to craft STEIN and I now propose would require unrelated to real security. risk-based legislation, which was re- that Federal Homeland Security funds For instance, Congress has estab- cently reported favorably by the Sen- be allocated to states according to a lished a ‘‘small State minimum’’ de- ate Homeland Security Committee. risk-based assessment. It is vital that signed to ensure that every State gets I hope that the bill introduced today we better allocate our limited re- a substantial portion of scarce re- will be accepted by Senators COLLINS sources to the vulnerable places in the sources, regardless of the measure of and LIEBERMAN in the spirit in which it country we most need to protect, and risk or vulnerability. was drafted—as a reasoned alternative that that these funds are distributed in As a result, in fiscal year 2004 Wyo- to their approach, and as a starting an efficient and timely manner. ming spent $37.52 per capita with home- point for further discussions. Senator FEINSTEIN and I have evalu- land security grants, while California It is my hope that Congress will act ated the 9/11 Commission recommenda- and Texas spent $8.75 and $6.93 respec- quickly to pass this legislation. We tions that call for allocation of money tively. cannot afford to wait until it is too based on vulnerabilities, and our legis- The problem is not just in Congress. late. lation provides for a distribution for- For example, a recent Department of Mr. CORNYN. Mr. President, I rise mula for homeland security grants Homeland Security Inspector General’s today to join with my colleague, Sen- based on three main criteria: Threat, report found that in the critical area of ator DIANNE FEINSTEIN of California vulnerability, and consequence. This port security, grants are ‘‘not well co- and other of our distinguished col- would require states to quickly pass on ordinated with the Information Anal- leagues in introducing The Homeland federal funds to where they are most ysis and Infrastructure Protection.’’ The result is the ‘‘funding of projects Security FORWARD Funding Act of needed. This bill is inspired by the hard with low [risk and vulnerability] 2005. work and examination done on this I would like to thank Senator FEIN- scores.’’ issue by our colleagues in the House A recently issued report from the STEIN for her collaboration in crafting and Senate. We have also taken input Center for Security Studies and the this legislation. I know that she has from stakeholders in our respective Heritage Foundation found that there thoughtfully examined the current States and from across the country. It is: state of our Homeland Security Fund- is our hope and intention that by intro- no funding formula that is based on risk ing and the many other interrelated ducing this bill we can contribute and analysis and divorced from politics . . . issues, and I thank her for her fine enrich the public discourse on this crit- [w]ith only limited resources available to leadership as we work together explor- ical issue and help move the Nation to- achieve the almost limitless goal of pro- ing ways to better protect our country. ward a more rational and effective dis- tecting the entire United States . . . it is We say it often, and it is true: ‘‘9/11 tribution of our homeland security re- critical that we set priorities. changed everything.’’ The attacks of sources. This bill is a first step to reducing that day were unprecedented in our Key provisions of this bill include: es- threats of terrorist attack, but Con- history, and they brought with them tablishing a First Responder Grant gress can not do it alone. the need for similarly unprecedented Board, consisting of Department of

VerDate Aug 04 2004 05:43 May 13, 2005 Jkt 039060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.065 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5101 Homeland Security leadership, that This trend has accelerated since the cause their active duty time is counted will rank and prioritize grant applica- terrorism attacks of September 11, against the time limitations on par- tions based on threat and vulner- 2001. Guard and Reserve members make ticipation of the Small Business Ad- ability. Enabling a region that encom- up about thirty-three percent of de- ministration’s programs. passes more than one State to apply ployed service members supporting op- Finally, my bill requires that the De- for funds. The money would still pass erations in Iraq and Afghanistan. 3. I partment of Defense take measures to through the States, but would go to the am particularly troubled by a third counsel Guard and Reserve members region to better enable coordination finding which confirms what I have concerning the importance of notifying and planning. Provides greater flexi- feared all along—that the self-em- their employers in a timely manner bility in using the funds, allowing a ployed, and the small businesses that after they receive Orders that they will State to use them for other hazards employ Guard and Reserve members, be called up to active duty. The legisla- consistent with federally established may be ‘‘paying’’ a disproportionate tion further requires that the DoD in- capability standards. And it allows and unfair share of the burden of in- vestigate ways to diminish the lag be- States to retain authority to admin- creased Guard and Reserve member tween the time when military per- ister grant programs, but there are call-ups. The burden is further mag- sonnel are notified of their call-up and penalties for States that do not pass nified when it is the small business the time that military personnel notify funds to local governments within 45 owner, or a key employee, who is de- their employers. days, and if a State fails to pass the ployed. Enacting this legislation is an impor- funds through, local governments may As members of this institution tant first step in the right direction to- petition the Department of Homeland charged with the duty of preserving the ward assisting the brave men and Security to receive the funds directly. public trust, we should work together, women who serve in our Guard and Re- Continuing to spread Homeland Secu- on a bipartisan basis, to help diminish serve and the businesses that employ rity funds throughout the Nation irre- the unfair burden these employers and them. However, I realize that this leg- spective of the actual risk to particular self-employed businesses shoulder. islation is merely one of many steps States and communities would be to ig- It is difficult enough to leave friends that can and should be taken to this nore much of what we have learned as and family behind and enter harm’s end and welcome new ideas to help this part of our effort to assess our way, but asking our military personnel constituency. vulnerabilities since the attacks of to also jeopardize their livelihood is I encourage my colleagues to join me September 11. So I would urge that we unconscionable. By assisting these in supporting this bill, and to continue swiftly work to pass this legislation, to businesses and the self-employed, we to work with me, as well as veterans, better ensure the safety of our citizens. are helping to diminish important con- policymakers, businesses, and others, cerns of our military personnel, im- to find additional solutions to address By Ms. SNOWE: proving their morale and positively af- these vital issues. S. 1014. A bill to provide additional fecting retention. I ask unanimous consent that the relief for small business owners ordered The legislation that I offer today text of the bill and that a section-by- to active duty as members of reserve contains multiple provisions in support section summary of the bill be printed components of the Armed Forces, and of self-employed Guard and Reserve in the RECORD. for other purposes; to the Committee members and the patriotic businesses Thank you for allowing me the op- on Small Business and Entrepreneur- that employ Guard and Reserve mem- portunity to discuss this pressing mat- ship. bers. ter. Ms. SNOWE. Mr. President, I rise First, it authorizes increased appro- There being no objection, the mate- today to offer the Supporting Our Pa- priations for the Small Business Ad- rial was ordered to be printed in the triotic Businesses Act. This bill ad- ministration’s (SBA) Office of Veteran RECORD, as follows: dresses some key concerns I have re- Business Development, which offers S. 1014 garding the impact that military call- vital services to our Nation’s small ups have on our Nation’s small busi- Be it enacted by the Senate and House of Rep- businesses that are owned or employ resentatives of the United States of America in nesses. our veterans. For instance, the office Congress assembled, Today, I am offering my legislation has prepared and distributed pre- and SECTION 1. SHORT TITLE. in conjunction with the release of a post-mobilization packets for small This Act may be cited as the ‘‘Supporting Congressional Budget Office Report en- businesses, offers loans, and provides Our Patriotic Businesses Act of 2005’’. titled ‘‘The Impact of Reserve Call-ups targeted business advice to meet the SEC. 2. FINDINGS. on Civilian Employers.’’ I commis- needs of our veterans and small busi- Congress finds the following: sioned the Report a year and a half nesses. (1) From September 2001 through Novem- ago, because I believed then, as I do My bill permanently extends the au- ber 2004, approximately 410,000 members of now, that our country is not doing thority and duties of the SBA’s Advi- the reserve components of the Armed Forces, enough for the patriotic small busi- sory Committee on Veterans Business including the National Guard and Reserves, nesses that are owned by or employ our Affairs, which has served as an invalu- have been mobilized in support of United States military operations. Guard and Reserve members; and able independent source of advice and (2) According to 2004 data from the Man- which are negatively effected when policy on veterans’ business issues. power Data Center of the Department of De- these workers are called up in defense My legislation provides that a service fense, an estimated 35 percent of Guard of our Nation. member does not need to satisfy any members and Reservists are either self-em- Although I am still analyzing the Re- continuing education requirements, ployed or own or are employed by a small port, three key findings immediately imposed with respect to their profes- business. caught my attention. For instance, the sion or occupation, while they are (3) The majority of privately employed Na- Report concludes that: 1. Thirty-five called up, or within the 120-day period tional Guard and Reserve members either percent of Guard and Reserve members work for a small business or are self-em- after they are released from the call- ployed. work for small businesses or are self- up. (4) As a result of activations, many small employed, twenty-six percent work for I have also included a provision businesses have been forced to go without large businesses, thirty-six percent which amends the Small Business Act their owners and key personnel for months, work for the government, Federal, by allowing small businesses owned by and sometimes years, on end. State, or local, and the remainder work veterans and service-disabled veterans (5) The effects have been devastating to for non-profit organizations. Therefore, to extend their SBA program participa- such patriotic small businesses. the majority of non-government em- tion time limitations by the length of (6) The Office of Veterans Business Devel- ployed Guard and Reserve members are time that their owners are called up in opment of the Small Business Administra- tion has made a concerted effort to reach out either self-employed, or work for small defense of our Nation. Currently, small to small businesses affected by deployments, businesses. 2. Over the past decade, the business owners who are called up to but given the sheer numbers of those de- military has dramatically increased its active duty in the Guard or Reserve are ployed, their resources have been stretched reliance on Guard and Reserve forces. effectively penalized for serving be- thin.

VerDate Aug 04 2004 05:43 May 13, 2005 Jkt 039060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.064 S12PT1 S5102 CONGRESSIONAL RECORD — SENATE May 12, 2005 (7) In addition, the Office of Veterans Busi- participation imposed under this Act on any (2) the Committees on Armed Services and ness Development has been required to program available to small business con- Small Business of the House of Representa- broaden its delivery of services, as directed cerns shall be extended for a small business tives. by Executive Order 13360, to provide procure- concern that— Background: From September 2001 through ment training programs for service-disabled ‘‘(i) is owned and controlled by— November 2004, approximately 410,000 Na- veterans. ‘‘(I) a veteran who was called or ordered to tional Guard and Reserve personnel have (8) This Act will help to stem the effects of active duty under a provision of law specified been mobilized in support of current oper- National Guard and Reservist deployments in section 101(a)(13)(B) of title 10, United ations. Thirty-five percent of Guard and Re- on small businesses, and better assist vet- States, on or after September 11, 2001; or serve members work for small businesses or erans and service-disabled veterans with ‘‘(II) a service-disabled veteran who be- are self-employed, 26 percent work for large their business needs. came such a veteran due to an injury or ill- businesses, 36 percent work for the govern- SEC. 3. INCREASED FUNDING FOR THE OFFICE ness incurred or aggravated in the active ment, Federal, State, or local, and the re- OF VETERANS BUSINESS DEVELOP- miliary, naval, or air service during a period mainder work for non-profits. Therefore, the MENT. of active duty pursuant to a call or order to majority of non-government employed Guard There is authorized to be appropriated to active duty under a provision of law referred and Reserve members are either self-em- the Office of Veterans Business Development to in subclause (I) on or after September 11, ployed, or work for small businesses. As a re- of the Small Business Administration, and to 2001; and sult of call-ups, many small businesses have remain available until expended— ‘‘(ii) was subject to the time limitation been forced to go without their owners and (1) $2,000,000 for fiscal year 2006; during such period of active duty. key personnel for months, and sometimes (2) $2,100,000 for fiscal year 2007; and ‘‘(B) DURATION.—Upon submission of proper years, on end. The effects have been dev- (3) $2,200,000 for fiscal year 2008. documentation to the Administrator, the ex- astating to these patriotic small businesses. SEC. 4. PERMANENT EXTENSION OF SBA ADVI- tension of a time limitation under subpara- This Act will help stem the effects of SORY COMMITTEE ON VETERANS graph (A) shall be equal to the period of time Guard and Reservist call-ups on small busi- BUSINESS AFFAIRS. that such veteran who owned or controlled nesses and better assist veterans and service- (a) ASSUMPTION OF DUTIES.—Section 33 of such a concern was on active duty as de- disabled veterans with their business needs. the Small Business Act (15 U.S.C. 657c) is scribed in that subparagraph.’’. Section 1.—Title, ‘‘The Supporting Our Pa- amended— triotic Businesses Act.’’ SEC. 7. COUNSELING OF MEMBERS OF THE NA- Section 2.—Findings (1) by striking subsection (h); and TIONAL GUARD AND RESERVES ON (2) by redesignating subsections (i) through NOTIFICATION OF EMPLOYERS RE- Section 3.—Authorizes increased appro- (k) as subsections (h) through (j), respec- GARDING MOBILIZATION. priations for the Small Business Administra- tion’s (SBA) Office of Veteran Business De- tively. (a) COUNSELING REQUIRED.—The Secretary velopment to $2 million for Fiscal Year 2006, (b) PERMANENT EXTENSION OF AUTHORITY.— of each military department shall provide Section 203 of the Veterans Entrepreneurship each member of a reserve component of the $2.1 million for Fiscal Year 2007 and $2.2 mil- and Small Business Development Act of 1999 Armed Forces under the jurisdiction of the lion for Fiscal Year 2008. Reasoning: The SBA’s Office of Veteran (15 U.S.C. 657b note) is amended by striking Secretary who is on active duty for a period Business Development has made a concerted subsection (h). of more than 30 days, or on the reserve ac- effort to reach out to small businesses af- tive-status list, counseling on the impor- SEC. 5. PROFESSIONAL AND OCCUPATIONAL LI- fected by military deployments, but given CENSING. tance of notifying such member’s employer the sheer number of those deployed, their re- (a) IN GENERAL.—Title VII of the on a timely basis of any call or order of such sources have been stretched thin. In addi- Servicemembers Civil Relief Act (50 U.S.C. member to active duty other than for train- tion, the Office of Veterans Business Devel- App. 591 et seq.) is amended by adding at the ing. opment is now required to broaden its deliv- end the following new section: (b) FREQUENCY OF COUNSELING.—Each ery of services, as directed by Executive ‘‘SEC. 707. CONTINUING EDUCATION RE- member of the Armed Forces described in Order 13360, to provide procurement training QUIREMENTS FOR PROFESSIONAL subsection (a) shall be provided the coun- programs for service-disabled veterans. This AND OCCUPATIONAL LICENSES. seling required by that subsection not less provision will allow the SBA’s Office of Vet- ‘‘(a) APPLICABILITY.—This section applies often than once each year. erans Business Development to better assist to any servicemember who, after the date of SEC. 8. STUDY ON OPTIONS FOR IMPROVING our nation’s veterans and provide them the enactment of this section, is ordered to ac- TIMELY NOTICE OF EMPLOYERS OF business services they need. tive duty (other than for training) pursuant MEMBERS OF THE NATIONAL GUARD Section 4.—Permanently extends the au- to section 688, 12301(a), 12301(g), 12302, 12304, AND RESERVES REGARDING MOBILI- thority and duties of the SBA’s Advisory 12306, or 12307 of title 10, United States Code, ZATION. Committee on Veterans Business Affairs. or who is ordered to active duty under sec- (a) STUDY REQUIRED.— Reasoning: The SBA’s Advisory Committee tion 12301(d) of such title, during a period (1) IN GENERAL.—The Secretary of Defense on Veterans Business Affairs has served as a when members are on active duty pursuant shall conduct a study of the feasibility and valuable independent source of advice and to any such section. advisability of various options for improving policy on veterans business issues to: the ‘‘(b) CONTINUING EDUCATION REQUIRE- the time in which employers of members of SBA Administrator; the SBA’s Associate Ad- MENTS.—A servicemember described in sub- the reserve components of the Armed Forces ministrator for Veterans Business Develop- section (a) may not be required to complete are notified of the call or order of such mem- ment; the Congress; the President; and other the satisfaction of any continuing education bers to active duty other than for training. U.S. policymakers. The Advisory Committee requirements imposed with respect to the (2) PURPOSE.—The purpose of the study was commissioned under P.L. 106–50 and is profession or occupation of the under paragraph (1) shall be to identify set to terminate its duties on September 20, servicemember that accrue during the period mechanisms, if any, for eliminating or re- 2006. This provision will help ensure that the of active duty of the servicemember as de- ducing the time between— Advisory Committee’s vital duties, and the scribed in that subsection— (A) the date of the call or order of members information it provides, are continued. ‘‘(1) during such period of active duty; and of the reserve components of the Armed Section 5.—Provides that a service member ‘‘(2) during the 120-day period beginning on Forces to active duty; and need not satisfy any continuing education the date of the release of the servicemember (B) the date on which employers of such requirements, imposed with respect to their from such period of active duty. members are notified of the call or order of profession or occupation, while they are ‘‘(c) ACTIVE DUTY DEFINED.—In this sec- such members to active duty. called up, or within the 120-day period after tion, the term ‘active duty’ has the meaning (b) REPORT.—Not later than 180 days after they are released from the call-up. given that term in section 101(d) of title 10, the date of the enactment of this Act, the Reasoning: Many Guard and Reserve per- United States Code.’’. Secretary shall submit to the appropriate sonnel have continuing education require- (b) CLERICAL AMENDMENT.—The table of committees of Congress a report on the ments that they are unable to satisfy be- contents for such Act is amended by adding study conducted under subsection (a). The cause of being called to active duty. These at the end the following new item: report shall include— patriotic individuals should not have to sat- ‘‘Sec. 707. Continuing education require- (1) a description of the study, including the isfy these continuing education require- ments for professional and oc- options addressed under the study; and ments. NOTE: This provision is a floor, not a cupational licenses.’’. (2) such recommendations for legislative or ceiling. It should not discourage State or SEC. 6. RELIEF FROM TIME LIMITATIONS FOR administrative action as the Secretary con- other entities from offering extended bene- VETERAN-OWNED SMALL BUSI- siders appropriate in light of the results of fits/breaks to deployed Guard and Reserve NESSES. the study. members. Section 3(q) of the Small Business Act (15 (c) APPROPRIATE COMMITTEES OF CONGRESS Section 6.—Amends the Small Business U.S.C. 632(q)) is amended by adding at the DEFINED.—In this section, the term ‘‘appro- Act by allowing small businesses owned by end the following: priate committees of Congress’’ means— veterans and service-disabled veterans to ex- ‘‘(5) RELIEF FROM TIME LIMITATIONS.— (1) the Committees on Armed Services and tend their SBA program participation time ‘‘(A) IN GENERAL.—Any time limitation on Small Business and Entrepreneurship of the limitations by the duration of their owners’ any qualification, certification, or period of Senate; and active duty service after September 11, 2001.

VerDate Aug 04 2004 05:43 May 13, 2005 Jkt 039060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.051 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5103 Reasoning: Some of the SBA’s contracting The Act empowers consumers by giving amended by adding at the end the following and business development programs have de- them the ability to purchase an afford- new part: fined time limits for participation. If the able health insurance policy with a ‘‘PART D—COOPERATIVE GOVERNING OF firm’s time for participation expires pre- range of options. INDIVIDUAL HEALTH INSURANCE COV- maturely, then competitive opportunities, Consumers will no longer be limited ERAGE investments, and jobs become lost. Cur- to picking only those policies that rently, small business owners who get called ‘‘SEC. 2795. DEFINITIONS. up to active duty in the National Guard or meet their state’s regulations and mandated benefits. Instead, they can ‘‘In this part: Reserve are effectively penalized because ‘‘(1) PRIMARY STATE.—The term ‘primary their active duty time is counted against the examine the wide array of insurance State’ means, with respect to individual time limitations on participation in the policies qualified in one State and of- health insurance coverage offered by a SBA’s programs. fered for sale in multiple states. Con- health insurance issuer, the State designated Section 7.—Requires that the Secretary of sumers can choose the policy that best by the issuer as the State whose covered each military department ensure that coun- suits their needs, and their budget, laws shall govern the health insurance issuer seling is provided, at least once a year, to without regard to State boundaries. In- in the sale of such coverage under this part. members of the National Guard and Reserves dividuals looking for basic health in- An issuer, with respect to a particular pol- on the importance of notifying their employ- icy, may only designate one such State as its ers regarding their mobilization. surance coverage can opt for a policy with few benefit mandates, and such a primary State with respect to all such cov- Reasoning: Employers often receive little erage it offers. Such an issuer may not warning of a guard or reservist’s call-up. A policy will be more affordable. On the change the designated primary State with survey published by the DoD in November other hand, consumers who have an in- respect to individual health insurance cov- 2003 (DMDC Report No. 2003–10), which ques- terest in a particular benefit, such as erage once the policy is issued, except that tioned guard and reservists who had been infertility treatments, will be able to such a change may be made upon renewal of called up over the previous 24 months, indi- purchase a policy which includes that the policy. With respect to such designated cated that they notified their civilian em- benefit. State, the issuer is deemed to be doing busi- ployers an average of 13 days before their The Health Care Choice Act will help ness in that State. call-up began. The survey also showed that the uninsured find affordable health in- ‘‘(2) SECONDARY STATE.—The term ‘sec- almost 60 percent of Guard and Reservists ondary State’ means, with respect to indi- gave their employers advance notice of one surance, while also providing every American with more and better health vidual health insurance coverage offered by week or less. Unfortunately, providing short a health insurance issuer, any State that is notice to employers does not allow them insurance choices. The bill harnesses not the primary State. In the case of a time to adequately plan for a guard member the power of the marketplace to allow health insurance issuer that is selling a pol- or Reservist’s absence, and ultimately hurts Americans to tailor their insurance icy in, or to a resident of, a secondary State, a business’s bottom line. It is important that choices to their individual needs. the issuer is deemed to be doing business in employers have ample time to make the ad- I am grateful to Congressman Shad- that secondary State. justments necessary to sustain their busi- egg for introducing the Health Care ‘‘(3) HEALTH INSURANCE ISSUER.—The term ness. Choice Act in the House today, and I ‘health insurance issuer’ has the meaning Section 8.—Improves the focus upon noti- given such term in section 2791(b)(2), except fying employers in a timely manner regard- urge my Senate colleagues to support this bill. that such an issuer must be licensed in the ing call-ups. primary State and be qualified to sell indi- Reasoning: For the reasons provided under I ask unanimous consent that the vidual health insurance coverage in that Section 7, this provision would commission a text of the bill be printed in the State. DoD study on ways to improve the timely RECORD. ‘‘(4) INDIVIDUAL HEALTH INSURANCE COV- notice of employers regarding call-ups. There being no objection, the bill was ERAGE.—The term ‘individual health insur- ordered to be printed in the RECORD, as ance coverage’ means health insurance cov- By Mr. DEMINT: follows: erage offered in the individual market, as de- S. 1015. A bill to amend the Public S. 1015 fined in section 2791(e)(1). Health Service Act to provide for coop- Be it enacted by the Senate and House of Rep- ‘‘(5) APPLICABLE STATE AUTHORITY.—The erative governing of individual health resentatives of the United States of America in term ‘applicable State authority’ means, insurance coverage offered in inter- Congress assembled, with respect to a health insurance issuer in state commerce; to the Committee on SECTION 1. SHORT TITLE. a State, the State insurance commissioner Health, Education, Labor, and Pen- This Act may be cited as ‘‘Health Care or official or officials designated by the sions. Choice Act of 2005’’. State to enforce the requirements of this title for the State with respect to the issuer. Mr. DEMINT. Mr. President, I rise SEC. 2. SPECIFICATION OF CONSTITUTIONAL AU- ‘‘(6) HAZARDOUS FINANCIAL CONDITION.—The today to introduce The Health Care THORITY FOR ENACTMENT OF LAW. This Act is enacted pursuant to the power term ‘hazardous financial condition’ means Choice Act of 2005, a bill that would granted Congress under article I, section 8, that, based on its present or reasonably an- help Americans afford health insur- clause 3, of the United States Constitution. ticipated financial condition, a health insur- ance. SEC. 3. FINDINGS. ance issuer is unlikely to be able— Approximately 45 million Americans Congress finds the following: ‘‘(A) to meet obligations to policyholders lack health insurance. These uninsured (1) The application of numerous and sig- with respect to known claims and reasonably Americans face significant hurdles in nificant variations in State law impacts the anticipated claims; or entering the insurance marketplace, ability of insurers to offer, and individuals to ‘‘(B) to pay other obligations in the normal course of business. including limited choices of insurers obtain, affordable individual health insur- ‘‘(7) COVERED LAWS.—The term ‘covered and inflexible benefit options. For ance coverage, thereby impeding commerce in individual health insurance coverage. laws’ means the laws, rules, regulations, most, the high cost of health insurance (2) Individual health insurance coverage is agreements, and orders governing the insur- is the biggest impediment to getting increasingly offered through the Internet, ance business pertaining to— coverage. In fact, nearly two-thirds of other electronic means, and by mail, all of ‘‘(A) individual health insurance coverage the uninsured are the working poor, which are inherently part of interstate com- issued by a health insurance issuer; and they cite the high cost of insur- merce. ‘‘(B) the offer, sale, and issuance of indi- ance as the primary barrier to access- (3) In response to these issues, it is appro- vidual health insurance coverage to an indi- priate to encourage increased efficiency in vidual; and ing health coverage. ‘‘(C) the provision to an individual in rela- The cost of insurance is often in- the offering of individual health insurance coverage through a collaborative approach tion to individual health insurance coverage creased by excessive State regulations. by the States in regulating this coverage. of— These State mandates raise the cost of (4) The establishment of risk-retention ‘‘(i) health care and insurance related serv- insurance which, in turn, increases the groups has provided a successful model for ices; number of Americans who are priced the sale of insurance across State lines, as ‘‘(ii) management, operations, and invest- out of the health insurance market. the acts establishing those groups allow in- ment activities of a health insurance issuer; The Health Care Choice Act will surance to be sold in multiple States but reg- and allow consumers to shop for health in- ulated by a single State. ‘‘(iii) loss control and claims administra- tion for a health insurance issuer with re- surance the same way they do for other SEC. 4. COOPERATIVE GOVERNING OF INDI- VIDUAL HEALTH INSURANCE COV- spect to liability for which the issuer pro- insurance products—online, by mail, ERAGE. vides insurance. over the phone, or in consultation with (a) IN GENERAL.—Title XXVII of the Public ‘‘(8) STATE.—The term ‘State’ means only an insurance agent in their hometown. Health Service Act (42 U.S.C. 300gg et seq.) is the 50 States and the District of Columbia.

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‘‘(9) UNFAIR CLAIMS SETTLEMENT PRAC- ‘‘(b) EXEMPTIONS FROM COVERED LAWS IN A ‘This policy is issued by lllll and is gov- TICES.—The term ‘unfair claims settlement SECONDARY STATE.—Except as provided in erned by the laws and regulations of the practices’ means only the following prac- this section, a health insurance issuer with State of lllll, and it has met all the tices: respect to its offer, sale, renewal, and laws of that State as determined by that ‘‘(A) Knowingly misrepresenting to claim- issuance of individual health insurance cov- State’s Department of Insurance. This policy ants and insured individuals relevant facts erage in any secondary State is exempt from may be less expensive than others because it or policy provisions relating to coverage at any covered laws of the secondary State (and is not subject to all of the insurance laws issue. any rules, regulations, agreements, or orders and regulations of the State of lllll, in- ‘‘(B) Failing to acknowledge with reason- sought or issued by such State under or re- cluding coverage of some services or benefits able promptness pertinent communications lated to such covered laws) to the extent mandated by the law of the State of with respect to claims arising under policies. that such laws would— lllll. Additionally, this policy is not ‘‘(C) Failing to adopt and implement rea- ‘‘(1) make unlawful, or regulate, directly or subject to all of the consumer protection sonable standards for the prompt investiga- indirectly, the operation of the health insur- laws or restrictions on rate changes of the tion and settlement of claims arising under ance issuer operating in the secondary State, State of lllll. As with all insurance policies. except that any secondary State may require products, before purchasing this policy, you ‘‘(D) Failing to effectuate prompt, fair, and such an issuer— should carefully review the policy and deter- equitable settlement of claims submitted in ‘‘(A) to pay, on a nondiscriminatory basis, mine what health care services the policy which liability has become reasonably clear. applicable premium and other taxes (includ- covers and what benefits it provides, includ- ‘‘(E) Refusing to pay claims without con- ing high risk pool assessments) which are ing any exclusions, limitations, or condi- ducting a reasonable investigation. levied on insurers and surplus lines insurers, tions for such services or benefits.’. brokers, or policyholders under the laws of ‘‘(F) Failing to affirm or deny coverage of ‘‘(d) PROHIBITION ON CERTAIN RECLASSIFICA- the State; claims within a reasonable period of time TIONS AND PREMIUM INCREASES.— ‘‘(B) to register with and designate the after having completed an investigation re- ‘‘(1) IN GENERAL.—For purposes of this sec- lated to those claims. State insurance commissioner as its agent tion, a health insurance issuer that provides ‘‘(10) FRAUD AND ABUSE.—The term ‘fraud solely for the purpose of receiving service of individual health insurance coverage to an and abuse’ means an act or omission com- legal documents or process; individual under this part in a primary or mitted by a person who, knowingly and with ‘‘(C) to submit to an examination of its fi- secondary State may not upon renewal— intent to defraud, commits, or conceals any nancial condition by the State insurance ‘‘(A) move or reclassify the individual in- material information concerning, one or commissioner in any State in which the sured under the health insurance coverage more of the following: issuer is doing business to determine the from the class such individual is in at the ‘‘(A) Presenting, causing to be presented or issuer’s financial condition, if— time of issue of the contract based on the preparing with knowledge or belief that it ‘‘(i) the State insurance commissioner of health-status related factors of the indi- will be presented to or by an insurer, a rein- the primary State has not done an examina- vidual; or surer, broker or its agent, false information tion within the period recommended by the ‘‘(B) increase the premiums assessed the as part of, in support of or concerning a fact National Association of Insurance Commis- individual for such coverage based on a material to one or more of the following: sioners; and health status-related factor or change of a ‘‘(i) An application for the issuance or re- ‘‘(ii) any such examination is conducted in health status-related factor or the past or newal of an insurance policy or reinsurance accordance with the examiners’ handbook of prospective claim experience of the insured contract. the National Association of Insurance Com- individual. ‘‘(ii) The rating of an insurance policy or missioners and is coordinated to avoid un- ‘‘(2) CONSTRUCTION.—Nothing in paragraph reinsurance contract. justified duplication and unjustified repeti- ‘‘(iii) A claim for payment or benefit pur- (1) shall be construed to prohibit a health in- tion; surance issuer— suant to an insurance policy or reinsurance ‘‘(D) to comply with a lawful order issued— contract. ‘‘(A) from terminating or discontinuing ‘‘(i) in a delinquency proceeding com- coverage or a class of coverage in accordance ‘‘(iv) Premiums paid on an insurance pol- menced by the State insurance commis- icy or reinsurance contract. with subsections (b) and (c) of section 2742; sioner if there has been a finding of financial ‘‘(B) from raising premium rates for all ‘‘(v) Payments made in accordance with impairment under subparagraph (C); or the terms of an insurance policy or reinsur- policy holders within a class based on claims ‘‘(ii) in a voluntary dissolution proceeding; experience; ance contract. ‘‘(E) to comply with an injunction issued ‘‘(vi) A document filed with the commis- ‘‘(C) from changing premiums or offering by a court of competent jurisdiction, upon a discounted premiums to individuals who en- sioner or the chief insurance regulatory offi- petition by the State insurance commis- cial of another jurisdiction. gage in wellness activities at intervals pre- sioner alleging that the issuer is in haz- scribed by the issuer, if such premium ‘‘(vii) The financial condition of an insurer ardous financial condition; or reinsurer. changes or incentives— ‘‘(F) to participate, on a nondiscriminatory ‘‘(i) are disclosed to the consumer in the ‘‘(viii) The formation, acquisition, merger, basis, in any insurance insolvency guaranty reconsolidation, dissolution or withdrawal insurance contract; association or similar association to which a ‘‘(ii) are based on specific wellness activi- from one or more lines of insurance or rein- health insurance issuer in the State is re- surance in all or part of a State by an in- ties that are not applicable to all individ- quired to belong; uals; and surer or reinsurer. ‘‘(G) to comply with any State law regard- ‘‘(ix) The issuance of written evidence of ‘‘(iii) are not obtainable by all individuals ing fraud and abuse (as defined in section to whom coverage is offered; insurance. 2795(10)), except that if the State seeks an in- ‘‘(x) The reinstatement of an insurance ‘‘(D) from reinstating lapsed coverage; or junction regarding the conduct described in ‘‘(E) from retroactively adjusting the rates policy. this subparagraph, such injunction must be ‘‘(B) Solicitation or acceptance of new or charged an individual insured individual if obtained from a court of competent jurisdic- the initial rates were set based on material renewal insurance risks on behalf of an in- tion; or surer reinsurer or other person engaged in misrepresentation by the individual at the ‘‘(H) to comply with any State law regard- time of issue. the business of insurance by a person who ing unfair claims settlement practices (as ‘‘(e) PRIOR OFFERING OF POLICY IN PRIMARY knows or should know that the insurer or defined in section 2795(9)); STATE.—A health insurance issuer may not other person responsible for the risk is insol- ‘‘(2) require any individual health insur- offer for sale individual health insurance vent at the time of the transaction. ance coverage issued by the issuer to be coverage in a secondary State unless that ‘‘(C) Transaction of the business of insur- countersigned by an insurance agent or coverage is currently offered for sale in the ance in violation of laws requiring a license, broker residing in that Secondary State; or primary State. certificate of authority or other legal au- ‘‘(3) otherwise discriminate against the ‘‘(f) LICENSING OF AGENTS OR BROKERS FOR thority for the transaction of the business of issuer issuing insurance in both the primary HEALTH INSURANCE ISSUERS.—Any State may insurance. State and in any secondary State. ‘‘(D) Attempt to commit, aiding or abet- ‘‘(c) CLEAR AND CONSPICUOUS DISCLOSURE.— require that a person acting, or offering to ting in the commission of, or conspiracy to A health insurance issuer shall provide the act, as an agent or broker for a health insur- commit the acts or omissions specified in following notice, in 12-point bold type, in ance issuer with respect to the offering of in- this paragraph. any insurance coverage offered in a sec- dividual health insurance coverage obtain a ‘‘SEC. 2796. APPLICATION OF LAW. ondary State under this part by such a license from that State, except that a State ‘‘(a) IN GENERAL.—The covered laws of the health insurance issuer and at renewal of the many not impose any qualification or re- primary State shall apply to individual policy, with the 5 blank spaces therein being quirement which discriminates against a health insurance coverage offered by a appropriately filled with the name of the nonresident agent or broker. health insurance issuer in the primary State health insurance issuer, the name of primary ‘‘(g) DOCUMENTS FOR SUBMISSION TO STATE and in any secondary State, but only if the State, the name of the secondary State, the INSURANCE COMMISSIONER.—Each health in- coverage and issuer comply with the condi- name of the secondary State, and the name surance issuer issuing individual health in- tions of this section with respect to the of- of the secondary State, respectively, for the surance coverage in both primary and sec- fering of coverage in any secondary State. coverage concerned: ondary States shall submit—

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.059 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5105 ‘‘(1) to the insurance commissioner of each ‘‘SEC. 2798. ENFORCEMENT. tering new research scientists into State in which it intends to offer such cov- ‘‘(a) IN GENERAL.—Subject to subsection water resources fields; and facilitating erage, before it may offer individual health (b), with respect to specific individual health water research coordination and the insurance coverage in such State— insurance coverage the primary State for application of research results through ‘‘(A) a copy of the plan of operation or fea- such coverage has sole jurisdiction to en- sibility study or any similar statement of force the primary State’s covered laws in the information dissemination and tech- the policy being offered and its coverage primary State and any secondary State. nology transfer. (which shall include the name of its primary ‘‘(b) SECONDARY STATE’S AUTHORITY.— The Institutes provide important State and its principal place of business); Nothing in subsection (a) shall be construed support to the States in their long- ‘‘(B) written notice of any change in its to affect the authority of a secondary State term water planning, policy develop- designation of its primary State; and to enforce its laws as set forth in the excep- ment, and management. A significant tion specified in section 2796(b)(1). ‘‘(C) written notice from the issuer of the portion of the Institutes’ work is in- issuer’s compliance with all the laws of the ‘‘(c) COURT INTERPRETATION.—In reviewing primary State; and action initiated by the applicable secondary tended to help State and local water ‘‘(2) to the insurance commissioner of each State authority, the court of competent ju- managers implement Federal regula- secondary State in which it offers individual risdiction shall apply the covered laws of the tions in ways that are tailored to local health insurance coverage, a copy of the primary State. and State institutions and natural con- issuer’s quarterly financial statement sub- ‘‘(d) NOTICE OF COMPLIANCE FAILURE.—In ditions. Water quality regulations, mitted to the primary State, which state- the case of individual health insurance cov- drinking water standards, wastewater ment shall be certified by an independent erage offered in a secondary State that fails treatment, and water reuse programs to comply with the covered laws of the pri- public accountant and contain a statement are examples of areas in which the In- of opinion on loss and loss adjustment ex- mary State, the applicable State authority pense reserves made by— of the secondary State may notify the appli- stitutes provide research and informa- ‘‘(A) a member of the American Academy cable State authority of the primary tion transfer. of Actuaries; or State.’’. In my own State, the Rhode Island ‘‘(B) a qualified loss reserve specialist. (b) EFFECTIVE DATE.—The amendment Water Resources Center is located at ‘‘(h) POWER OF COURTS TO ENJOIN CON- made by subsection (a) shall apply to indi- the University of Rhode Island. The DUCT.—Nothing in this section shall be con- vidual health insurance coverage offered, issued, or sold after the date of the enact- Center’s recent activities have in- strued to affect the authority of any Federal cluded working with the Rhode Island or State court to enjoin— ment of this Act. ‘‘(1) the solicitation or sale of individual SEC. 5. SEVERABILITY. Airport Corporation to develop a plan health insurance coverage by a health insur- If any provision of the Act or the applica- for mitigating runoff contamination ance issuer to any person or group who is not tion of such provision to any person or cir- due to deicing and anti-icing oper- eligible for such insurance; or cumstance is held to be unconstitutional, ations at T.F.Green Airport. Other ‘‘(2) the solicitation or sale of individual the remainder of this Act and the applica- work conducted by the Center has en- health insurance coverage by, or operation tion of the provisions of such to any other compassed evaluating the scour poten- of, a health insurance issuer that is in haz- person or circumstance shall not be affected. tial of streams and river banks in the ardous financial condition. By Mr. CHAFEE (for himself, Mr. State to study how they may be af- ‘‘(i) STATE POWERS TO ENFORCE STATE fected by land use and other changes; LAWS.— INHOFE, Mr. JEFFORDS, Mrs. developing a statewide public water- ‘‘(1) IN GENERAL.—Subject to the provisions CLINTON, Mr. LAUTENBERG, Mr. supply GIS coverage program; and of subsection (b)(1)(G) (relating to injunc- VITTER, Mr. BAUCUS, Ms. MUR- working with communities to evaluate tions) and paragraph (2), nothing in this sec- KOWSKI, Mr. CRAPO, Mr. ENZI, tion shall be construed to affect the author- MTBE drinking water contamination. and Mr. CORZINE): ity of any State to make use of any of its In addition to research, the outreach powers to enforce the laws of such State S. 1017. A bill to reauthorize grants from the water resources research and and information transfer activities of with respect to which a health insurance the Institutes are highly valued by issuer is not exempt under subsection (b). technology institutes established under ‘‘(2) COURTS OF COMPETENT JURISDICTION.— the Water Resources Research Act of multi-level stakeholders at the local, If a State seeks an injunction regarding the 1984; to the Committee on Environment State and regional levels. The Insti- conduct described in paragraphs (1) and (2) of and Public Works. tutes are the training grounds for the subsection (h), such injunction must be ob- Mr. CHAFEE. Mr. President, I rise next generation of the Nation’s water tained from a Federal or State court of com- today to introduce legislation reau- scientists, economists and engineers. petent jurisdiction. thorizing appropriations for the Water This nationwide network of water in- ‘‘(j) STATES’ AUTHORITY TO SUE.—Nothing Resources Research Act. The Chairman stitutes provides an efficient and effec- in this section shall affect the authority of tive method to meet the diverse water any State to bring action in any Federal or and Ranking Member of the Senate State court. Committee on Environment and Public resource needs in different parts of our ‘‘(k) GENERALLY APPLICABLE LAWS.—Noth- Works, Senators INHOFE and JEFFORDS, country. ing in this section shall be construed to af- respectively, as well as Senators CLIN- Another key component of the pro- fect the applicability of State laws generally TON, LAUTENBERG, BAUCUS, MURKOWSKI, gram is the importance of its small applicable to persons or corporations. CRAPO, ENZI and CORZINE have joined Federal grants for leveraging funding ‘‘SEC. 2797. PRIMARY STATE MUST MEET FED- me as original cosponsors of this im- from non-federal sources to identify ERAL FLOOR BEFORE ISSUER MAY and address local and State needs for SELL INTO SECONDARY STATES. portant legislation to address our na- water research. Without this Federal ‘‘A health insurance issuer may not offer, tion’s water resource concerns. sell, or issue individual health insurance Originally enacted in 1964, the Water seed money, many institutes would coverage in a secondary State if the primary Resources Research Act authorizes the lose a valuable resource and the visi- State does not meet the following require- establishment of a nationwide, State- bility within their universities and ments: based network of Water Resources Re- among Federal, State and local water ‘‘(1) The State insurance commissioner search Institutes. These Institutes rep- agencies for working on challenging must use a risk-based capital formula for the resent a partnership among State uni- water resource problems. The Federal determination of capital and surplus require- versities; Federal, State, and local gov- grants allow immense leverage capac- ments for all health insurance issuers. ity for conducting water research ac- ‘‘(2) The State must have legislation or ernments; and stakeholders aimed at regulations in place establishing an inde- solving problems of water supply and tivities and are the key to maintaining pendent review process for individuals who water quality. They are located at the a valuable national network. are covered by individual health insurance land-grant universities in each of the The legislation I am introducing coverage unless the issuer provides an inde- 50 States, the territories and the Dis- today reauthorizes $62 million in fund- pendent review mechanism functionally trict of Columbia. ing through fiscal year 2010 for the Na- equivalent (as determined by the primary The 54 Water Resources Research In- tion’s Water Resources Research Insti- State insurance commissioner or official) to stitutes are charged with conducting tutes and $32 million for the Act’s that prescribed in the ‘Health Carrier Exter- nal Review Model Act’ of the National Asso- competent research to develop new Interstate Research Program. I look ciation of Insurance Commissioners for all technologies and more efficient meth- forward to working with the bill’s individuals who purchase insurance coverage ods for resolving local, State and na- original cosponsors as well as my col- under the terms of this part. tional water-resources problems; fos- leagues on the Environment and Public

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.059 S12PT1 S5106 CONGRESSIONAL RECORD — SENATE May 12, 2005 Works Committee to ensure this na- Capital Area and will remove a restric- in the National Capital Region—joined tional network of university-based re- tion that currently forbids Federal the Federal transit benefit program search institutes continues to support agencies from providing employee created by the Executive Order. These the water resources needs of the Na- shuttles to and from transit stations. program participants alone have elimi- tion. This measure is an important step for- nated an estimated 12,500 single-occu- I ask unanimous consent that the ward in our efforts to encourage tran- pancy vehicles from Washington, D.C. text of the bill be printed in the sit ridership and improve the quality of area roads, helping to reduce conges- RECORD. life for federal employees in the Wash- tion and improve air quality for our re- There being no objection, the bill was ington, D.C. region and throughout the gion. ordered to be printed in the RECORD, as Nation. The Executive Order, however, is lim- follows: All across the Nation, congestion and ited. It does not cover employees in the S. 1017 gridlock are taking their toll in terms legislative and judicial branches, for Be it enacted by the Senate and House of Rep- of economic loss, environmental im- example, or in dozens of independent resentatives of the United States of America in pact, and personal frustration. Accord- agencies. While many of the employers Congress assembled, ing to the Texas Transportation Insti- in those organizations provide transit SECTION 1. SHORT TITLE. tute, in 2003 Americans in 85 urban benefits to their employees, the imple- This Act may be cited as the ‘‘Water Re- areas spent 3.7 billion hours stuck in mentation and level of benefit is up to sources Research Act Amendments of 2005’’. traffic, with an estimated cost to the the discretion of individual offices. As SEC. 2. WATER RESOURCES RESEARCH. nation of $64.8 billion in lost time and such, many of these organizations pro- (a) AUTHORIZATION OF APPROPRIATIONS.— wasted fuel. In response, Americans are vide limited benefits or do not provide Section 104(f) of the Water Resources Re- turning to alternative transportation any benefits at all. Guaranteed transit search Act of 1984 (42 U.S.C. 10303(f)) is benefits would give these employees amended— in record numbers. The American Pub- lic Transportation Association esti- more choice in their commuting op- (1) in the subsection header, by striking tions and provide an additional incen- ‘‘ ’’; mates that Americans now take over 9 IN GENERAL tive to move off our congested road- (2) by striking paragraph (1) and inserting billion trips on transit per year, the ways and onto public transit. the following: highest level in more than 40 years. ‘‘(1) IN GENERAL.—There is authorized to be Of course, such incentives will be in- The Texas Transportation Institute effective if employees lack access to appropriated to carry out this section, to re- has estimated that without transit, the main available until expended— transit services. In my own state of 85 urban areas they studied would have ‘‘(A) $12,000,000 for each of fiscal years 2006 Maryland, the United States Food and through 2008; and suffered an additional 1.1 billion hours Drug Administration planned to use its ‘‘(B) $13,000,000 for each of fiscal years 2009 of delay, a 27 percent increase, which own resources to provide a shuttle and 2010.’’; and would have added $18 billion to the na- service for its employees from its new (3) in paragraph (2), by striking ‘‘(2) Any’’ tional cost of congestion. White Oak facility to an area Metro and inserting the following: Transit benefit programs are playing station. When they investigated pro- ‘‘(2) FAILURE TO OBLIGATE FUNDS.—Any’’. a vital role in increasing transit rider- (b) ADDITIONAL APPROPRIATIONS WHERE RE- viding this service, FDA officials found ship, which benefits both transit users that the current law does not allow SEARCH FOCUSED ON WATER PROBLEMS OF and drivers. In 1998, the Transportation INTERSTATE NATURE.—Section 104(g) of the federal agencies to use their own vehi- Water Resources Research Act of 1984 (42 Equity Act for the 21st Century amend- cles to shuttle employees to mass tran- U.S.C. 10303(g)) is amended— ed the tax code to allow financial in- sit stations. (1) by redesignating paragraph (2) as para- centives related to commuting costs The potential impact of this restric- graph (4); and for both employers and employees. tion on regional congestion is not in- (2) in paragraph (1)— These transit benefits allowed employ- significant. By the middle of this year, (A) in the first sentence— ers to offer a tax-free financial incen- (i) by striking ‘‘There’’ and inserting the FDA expects to have 1,850 employees tive toward the costs of transit com- located at the new White Oak facility, following: muting, starting at $65 per month and ‘‘(1) IN GENERAL.—There’’; and and plans have been made to eventu- (ii) by striking ‘‘$3,000,000 for fiscal year raised in 2005 to $105 per month. ally house more than 7,000 FDA re- 2001, $4,000,000 for fiscal years 2002 and 2003, Based upon the findings of the Envi- searchers and administrators at the and $6,000,000 for fiscal years 2004 and 2005’’ ronmental Protection Agency and the new facility. The lack of access from and inserting ‘‘$6,000,000 for each of fiscal U.S. Department of Transportation, FDA’s new campus to a transit station years 2006 through 2008 and $7,000,000 for each there are clear improvements to con- represents a lost opportunity for reduc- of fiscal years 2009 and 2010’’; gestion, energy efficiency, and air ing congestion, improving our environ- (B) in the second sentence, by striking quality from transit benefit programs. ‘‘Such’’ and inserting the following: ment and elevating the quality of life According to their findings, an em- for employees. ‘‘(2) NON-FEDERAL MATCHING FUNDS.—The’’; ployer with 1,000 employees that par- and This type of lost opportunity occurs (C) in the third sentence, by striking ticipates in a combination of transit across the nation. Nationally, the Fed- ‘‘Funds’’ and inserting the following: benefits, carpool, and telecommuting eral Government employs more than ‘‘(3) AVAILABILITY OF FUNDS.—Funds’’. programs can take credit for taking 175 2.6 million civilian workers at more cars off the road, saving 44,000 gallons than 3,000 Federal Government office By Mr. SARBANES: of gasoline per year, and cutting global buildings. At Federal offices through- S. 1018. A bill to provide that transit warming pollution by 420 tons per year out the country, transit use is often pass transportation fringe benefits be on average. limited as a commuting option due to made available to all qualified Federal In April 2000, an Executive Order was lack of employee access to a transit employees in the National Capital Re- signed requiring all executive branch station or a bus stop. gion; to alllow passenger carriers agencies in the National Capital Re- The Federal Employee Commuter which are owned or leased by the Gov- gion to offer transit benefits to their Benefits Act would address both of ernment to be used to transport Gov- employees. As a result, Federal em- these issues faced by Federal employ- ernment employees between their place ployees commuting to Washington, ees. First, the bill would put into law of employment and mass transit facili- D.C. from Montgomery, Prince the Executive Order’s requirement that ties, and for other purposes; to the George’s, and Frederick Counties, transit pass benefits be made available Committee on Homeland Security and Maryland, several counties in Northern to all qualified Federal employees in Governmental Affairs. Virginia, and as far away as West Vir- the National Capital Region. The bill Mr. SARBANES. Mr. President, I am ginia, are encouraged to choose transit also extends the requirement beyond pleased to introduce the Federal Em- as their means to get to work. executive branch agencies to include ployee Commuter Benefits Act of 2005, According to the Washington Metro- the legislative and judicial branches which is cosponsored by my colleagues politan Area Transit Authority and the and the independent agencies, pro- Senators MIKULSKI and WARNER. This U.S. Department of Transportation, viding guaranteed transit benefits to bill will guarantee transit benefits to more than 150,000 employees—more thousands of additional federal em- all Federal employees in the National than one-third of all Federal employees ployees in the Washington, DC region.

VerDate Aug 04 2004 05:43 May 13, 2005 Jkt 039060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.060 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5107 Second, the Federal Employee Com- (2) the term ‘‘agency’’ means any agency last sentence of subsection (d)(3) nor to any muter Benefits Act would remove the (as defined by 7905(a)(2) of title 5, United regulations under the last sentence of sub- restriction that prohibits a Federal States Code), the United States Postal Serv- section (e)(1). ‘‘(6) In this subsection, the term ‘passenger agency from operating a shuttle serv- ice, the Postal Rate Commission, and the Smithsonian Institution; carrier’ means a passenger motor vehicle, ice to a public transit facility. With (3) the term ‘‘National Capital Region’’ in- aircraft, boat, ship, or other similar means this legislation, any Federal agency, cludes the District of Columbia and every of transportation that is owned or leased by anywhere in the United States, can county or other geographic area covered by the United States Government or the gov- choose to provide a transit shuttle section 2 of Executive Order 13150; ernment of the District of Columbia.’’. service for their employees. By pro- (4) the term ‘‘Executive Order 13150’’ refers (b) FUNDS FOR MAINTENANCE, REPAIR, viding access to commuting alter- to Executive Order 13150 (5 U.S.C. 7905 note); ETC.—Subsection (a) of section 1344 of title natives, Federal agencies will be able (5) the term ‘‘Federal agency’’ is used in 31, United States Code, is amended by adding at the end the following: to provide a benefit to their employees the same way as under section 2 of Executive Order 13150; and ‘‘(3) For purposes of paragraph (1), the that can make getting to work easier, (6) any determination as to whether or not transportation of an individual between such more affordable, and more employee- one is a ‘‘qualified Federal employee’’ shall individual’s place of employment and a mass friendly. It will also provide an oppor- be made applying the same criteria as would transit facility pursuant to subsection (g) is tunity to help reduce congestion and apply under section 2 of Executive Order transportation for an official purpose.’’. improve air quality across the Nation. 13150. (c) COORDINATION.—The authority to pro- Since 1982, the U.S. population has (d) RULE OF CONSTRUCTION.—Nothing in vide transportation services under section 1344(g) of title 31, United States Code (as grown 20 percent, but the time spent by this section shall be considered to require that a covered agency— amended by subsection (a)) shall be in addi- commuters in traffic has grown by over (1) terminate any program or benefits in tion to any authority otherwise available to 200 percent. Each year, traffic conges- existence on the date of the enactment of the agency involved. tion wastes nine billion gallons of fuel. this Act, or postpone any plans to implement THE AMERICAN FEDERATION OF GOV- By encouraging federal employees to (before the effective date referred to in sub- ERNMENT EMPLOYEES, LOCAL 12, look to transit and by providing access section (a)) any program or benefits per- AFL–CIO, to transit stations, we can help reduce mitted or required under any other provision May 11, 2005. congestion, improve the environment, of law; or Hon. PAUL SARBANES and promote an improved quality of (2) discontinue (on or after the effective U.S. Senate, Washington, DC. date referred to in subsection (a)) any pro- life. Subject: H.R. 1283 gram or benefits referred to in paragraph (1), DEAR SENATOR SARBANES: The American I am introducing the Federal Em- so long as such program or benefits satisfy ployee Commuter Benefits Act because Federation of Government Employees the requirements of subsections (a) through (AFGE) Local 12 represents 3,600 employees of the opportunities it will give federal (c). at the U.S. Department of Labor in the agencies to support public transpor- SEC. 3. AUTHORITY TO USE GOVERNMENT VEHI- Washington D.C. metropolitan area. tation, both by providing employee ac- CLES TO TRANSPORT FEDERAL EM- We appreciate very much all the work you cess to transit facilities across the na- PLOYEES BETWEEN THEIR PLACE have done on behalf of Federal employees, in OF EMPLOYMENT AND MASS TRAN- tion, and by providing transit benefits SIT FACILITIES. particular your work to assist our local in to federal employees in the Wash- (a) IN GENERAL.—Section 1344 of title 31, our three year battle to have the monthly ington, D.C. region. Both of these im- United States Code, is amended— transit subsidy raised to $100. We respectfully request that you sponsor provements will aid our efforts to fight (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and and introduce in the Senate a companion bill congestion and pollution by encour- to H.R. 1283. The purpose of H.R. 1283 is ‘‘To aging the use of transportation alter- (2) by inserting after subsection (f) the fol- lowing: provide that transit pass transportation natives. This legislation is strongly ‘‘(g)(1) A passenger carrier may be used to fringe benefits be made available to all supported by federal employees, transit transport an officer or employee of a Federal qualified Federal employees in the National providers, and local elected officials, agency between the officer’s or employee’s Capital Region; to allow passenger carriers and I ask unanimous consent that the place of employment and a mass transit fa- which are owned or leased by the Govern- text of the bill, along with letters of cility (whether or not publicly owned) in ac- ment to be used to transport Government employees between their place of employ- support, be printed in the RECORD. I en- cordance with succeeding provisions of this subsection. ment and mass transit facilities, and for courage my colleagues to join me in other purposes.’’ supporting the Federal Employee Com- ‘‘(2) Notwithstanding section 1343, a Fed- eral agency that provides transportation H.R. 1283 was introduced by Congressman muter Benefits Act. services under this subsection (including by Jim Moran and is co-sponsored by Represent- There being no objection, the mate- passenger carrier) shall absorb the costs of atives Eleanor Holmes Norton, Albert Wynn, rials were ordered to be printed in the such services using any funds available to Chris Van Hollen, Steny Hoyer, Frank Wolf, RECORD, as follows: such agency, whether by appropriation or and Earl Blurnenauer. It has been referred to the House Government Reform Committee. S. 1018 otherwise. ‘‘(3) In carrying out this subsection, a Fed- Passage into law of this legislation would Be it enacted by the Senate and House of Rep- eral agency shall— not only help employees at any Federal resentatives of the United States of America in ‘‘(A) to the maximum extent practicable, agency in this area where management has Congress assembled, use alternative fuel vehicles to provide decided, for whatever reason, not to offer the SECTION 1. SHORT TITLE. transportation services; tax-free maximum transit subsidy. It would This Act may be cited as the ‘‘Federal Em- ‘‘(B) to the extent consistent with the pur- also benefit the region generally by giving ployee Commuter Benefits Act of 2005’’. poses of this subsection, provide transpor- more Federal employees the incentive to use SEC. 2. TRANSIT PASS TRANSPORTATION FRINGE tation services in a manner that does not re- mass transit, thus helping to lessen traffic BENEFITS. sult in additional gross income for Federal congestion and air pollution. (a) IN GENERAL.—Effective as of the first income tax purposes; and The membership of AFGE Local 12 passed day of the next fiscal year beginning after ‘‘(C) coordinate with other Federal agen- a resolution on May 5 of this year in support the date of the enactment of this Act, each cies to share, and otherwise avoid duplica- of this kind of legislation. A copy of the res- covered agency shall implement a program tion of, transportation services provided olution is attached. Thank you very much for your consider- under which all qualified Federal employees under this subsection. serving in or under such agency shall be of- ‘‘(4) For purposes of any determination ation of this serious matter. fered transit pass transportation fringe bene- under chapter 81 of title 5, an individual Respectfully yours, fits, as described in subsection (b). shall not be considered to be in the ‘perform- LAWRENCE C. DRAKE, Jr. (b) BENEFITS DESCRIBED.—The benefits de- ance of duty’ by virtue of the fact that such President. scribed in this subsection are the transit individual is receiving transportation serv- Approved by the membership of AFGE Local pass transportation fringe benefits which, ices under this subsection. under section 2 of Executive Order 13150, are ‘‘(5)(A) The Administrator of General Serv- 12 on May 5, 2005 required to be offered by Federal agencies in ices, after consultation with the National RESOLUTION ON TRANSIT SUBSIDY LEGISLATION the National Capital Region on the date of Capital Planning Commission and other ap- Whereas: Using mass transit is one of the enactment of this Act. propriate agencies, shall prescribe any regu- most cost-effective, environmentally sound, (c) DEFINITIONS.—In this section— lations necessary to carry out this sub- and energy efficient ways for Federal em- (1) the term ‘‘covered agency’’ means any section. ployees to commute to their workplaces; agency, to the extent of its facilities in the ‘‘(B) Transportation services under this Executive Order 13150 ordered transit sub- National Capital Region; subsection shall be subject neither to the sidies, now valued at a maximum of $105 a

VerDate Aug 04 2004 05:51 May 13, 2005 Jkt 039060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.068 S12PT1 S5108 CONGRESSIONAL RECORD — SENATE May 12, 2005 month, to be made available to all executive We thank you for your leadership on this sored to promote public transportation in branch employees; issue. If you have questions, please have the National Capital Region and the nation. Pursuant to Executive Order 13150, the your staff contact Rob Healy of APTA’s Gov- Sincerely, number of executive branch employees uti- ernment Affairs Department at (202) 496–4811 RICHARD A. WHITE, lizing transit subsidies grew from 55,000 to or e-mail [email protected]. We look forward General Manager and Chief Executive Officer. 155,000 participants, reducing highway vehi- to working with you to see this important cle miles commuted by over 40 million; legislation enacted into law. MAY 12, 2005. The Washington DC metropolitan area’s Sincerely yours, Hon. PAUL SARBANES, traffic congestion is overall the country’s WILLIAM W. MILLAR, Ranking Member, Senate Committee on Bank- third worst and is worse than any other met- President. ing, Housing and Urban Affairs, Wash- ropolitan area outside California; ington, DC. As the region’s largest employer, the Fed- METRO, DEAR SENATOR SARBANES: I am writing to eral government has the capacity and the April 15, 2005. you to express the support of the Virginia moral duty to significantly reduce road over- Hon. PAUL S. SARBANES, Railway Express for your efforts to reintro- crowding and its consequent pollution by U. S. Senate, Washington, DC. duce legislation that would provide transit providing appropriate transit benefits to en- DEAR SENATOR SARBANES: I am pleased to pass transportation fringe benefits to all courage more widespread mass transit use; offer the Washington Metropolitan Area qualified Federal employees in the National Legislation codifying transit benefits for Transit Authority’s (WMATA) endorsement Capital region. As someone who has always Federal employees in the Washington DC of the legislation you are proposing con- been an advocate for the promotion of public metropolitan area and repealing restrictions cerning federal employee commuter benefits. transportation and the mobility it affords on Federal agencies offering their employees This legislation is very important in sup- the citizenry, we are fortunate to have you shuttle services between their offices and porting regional efforts to use every feasible as the Ranking Member of the Senate Com- transit centers, unanimously approved by technique to reduce the severe traffic con- mittee on Banking, Housing and Urban Af- the House Government Reform Committee in gestion in the National Capital Region. the previous Congress, has been re-intro- The recently released Texas Transpor- fairs, which oversees mass transit programs. duced as H.R. 1283 by Rep. Jim Moran and six tation Institute (TTI) report on congestion As you have witnessed, increased federal co-sponsors; and cites the metropolitan Washington region as investment in transit under TEA 21 has led Codifying these benefits would remedy Ex- the third most congested in the nation, de- to dramatic growth in public transportation ecutive Order 13150’s lack of legal recourse spite intense transit use by commuters in ridership, particularly in the National Cap- against agencies willfully ignoring its re- this area. ital Region. The Virginia Railway Express is quirements; The TTI report cites a number of strate- a prime example of that growth, with rider- Therefore be it resolved that: gies that help to reduce congestion and the ship increasing by 17% each year for the past American Federation of Government Em- cost of delay to the residents of the region. four years, making us one of the fastest ployees Local 12 endorses legislation such as For the Washington metropolitan area, the growing commuter railroads in America. H.R. 1283 which codifies Executive Order TTI report indicates that transit services Nearly 64% of our ridership is comprised of 13150 and repeals restrictions on Federal currently save the metropolitan area more federal and/or military employees working in agencies offering their employees shuttle than $1 billion annually in delay costs and the region. services between their offices and transit over 52 percent of current delay time. The Currently, transit benefits are offered to a centers; and metropolitan Washington region is fifth in select core of federal employees under Exec- AFGE 12 likewise urges other organiza- the nation in terms of the hours of delay utive Order 13150. The benefit is limited to tional entities with which it is affiliated in saved because of the public transportation the executive branch agencies with no re- the American Federation of Government network. The TTI report demonstrates the quirement for participation by the legisla- Employees and the AFL–CIO to actively seek positive effects of transit services on reduc- tive and judicial branches. Such legislation enactment of such legislation. ing traffic congestion in the Washington would codify transit benefits to all eligible metropolitan area. With the unrelentless federal employees by broadening the scope of AMERICAN PUBLIC TRANSPORTATION traffic in this region, it is critical that tran- participation to another 100,000 workers, ASSOCIATION, sit ridership continues to grow to relieve thus providing greater flexibility and mobil- May 11, 2005. road congestion. ity for the federal work force in the region. Hon. PAUL S. SARBANES, It’s essential that the federal government Your legislation is significant not only be- Ranking Member, Senate Committee on Bank- as the region’s largest employer, employing cause it affords greater options to our fed- ing, Housing, and Urban Affairs, Wash- more than 374,000 people in this area, give eral workforce, but also because the use of ington, DC. employees every incentive to take transit. public transit is the only recourse to help re- DEAR SENATOR SARBANES: On behalf of the The tremendously successful transit benefits lieve the growing problem of traffic conges- more than 1,500 member organizations of the program, known in this area as Metrochek, tion in the region. For instance, today VRE American Public Transportation Association is currently required to be offered to civilian transports enough people to remove more (APTA), I write to express strong support for and military employees of the Executive than one lane of traffic off of I–95 and I–66 legislation you are proposing that would ex- Branch and voluntarily provided by the U.S. during peak commuting rush hours in the pand the use of transit-related commuter tax House and Senate and several independent morning and the evening. Not only does it benefits in the Washington, DC region. This agencies. Since the imposition of Executive reduce car emissions; thus improving air legislation will help promote the use of pub- Order 13150 on October 1, 2000, the number of quality, but also ensures that the federal and lic transportation and thereby support re- federal employees receiving transit benefits private workforce can get to work in a time- gional efforts to reduce traffic congestion in has increased 166 percent, from 57,000 to ly fashion; thus saving millions of dollars for the National Capital area. We note that a re- 151,800 and 47 percent of Metrorail’s peak pe- employers. The passage of this legislation cent report by the Texas Transportation In- riod riders are federal employees—up from 35 would only increase these benefits to our re- stitute (TTI) cited the Washington, DC met- percent in the mid 1980s. gion. ropolitan area as the third most congested in Your proposal will codify the federal em- In conclusion, let me again thank you for the nation. ployees transit benefit and expand its eligi- all the support that you have given to public As we understand it, your legislation bility to judicial, legislative and independent transportation over the years and for author- would codify language currently in an execu- agency employees in the National Capital ing this much needed legislation. I hope that tive order that requires federal executive Region. While some of these agencies already with your direct involvement that we will be branch agencies to offer to their employees participate in the Metrochek program, this successful in seeing this measure signed into transit benefits equal to employee com- legislation ensures that participation will be law. muting costs, currently up to $105 per uniform across all three branches of the fed- Sincerely, month. The legislation would also expand eral government. DALE ZEHNER, the eligibility of these benefits to legislative WMATA also supports the proposal to au- Chief Executive Officer. and judicial branch employees in the Na- thorize the establishment of federal agency tional Capital area. shuttles to and from mass transit facilities. We believe that it is important that the While many federal agencies throughout the By Mr. DURBIN: federal government support the use of public region are within walking distance of Metro- S. 1019. A bill to amend titles 10 and transportation in its efforts to reduce con- rail stations, and other transit facilities, 38, United States Code, to increase ben- gestion, minimize auto pollution, and make some are not. This legislation will make efits for members of the Armed Forces the best use of existing public transportation transit accessible to many federal workers who, after September 11, 2001, serve on facilities that are built with a substantial for whom transit is not currently a viable al- active duty outside the United States federal investment. APTA has been a long- ternative because their work site is not con- or its territories or possessions as part time proponent of providing federal tax in- venient to a Metro station. centives that promote public transportation Many thanks for your leadership in pro- of a contingency operation (including a at no less a level than those provided for posing this legislation. It is another example humanitarian operation, peacekeeping parking. in a long list of initiatives you have spon- operation, or similar operation) or a

VerDate Aug 04 2004 05:43 May 13, 2005 Jkt 039060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.084 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5109 combat operation; to the Committee on have the option of enrolling in the of their workforce, there is no guar- Finance. Montgomery G.I. Bill education bene- antee that the world’s best companies Mr. DURBIN. Mr. President, I rise fits program, under which the service will continue to invest here at home. today to introduce the Welcome Home member contributes $100 per month for Yet, at the same time that the Labor G.I. Bill. Similar to the GI Bill for sol- 12 months while in service and then Department has projected that new diers returning from World War II, this later may receive up to $1,004 per jobs requiring advanced science, engi- Welcome Home G.I Bill establishes a month in education benefits for up to neering and technical training will in- program of benefits designed to reward 36 months. Currently, mobilized reserv- crease four times faster than the aver- returning veterans and ease their tran- ists receive some portion of the active age national job growth rate, only 36 sition into civilian life. duty benefit depending on the length of percent of 9th–12th graders in Min- These benefits would be available to their activation. Under the Welcome nesota are taking upper level math troops who deployed for six months or Home G.I. Bill, our Iraq and Afghani- courses, and only 22 percent of are tak- more outside the United States for stan veterans both active duty and mo- ing upper level science. Moreover, in a combat, contingency, peacekeeping or bilized reserve component troops would high tech economy that values knowl- humanitarian operations after Sep- receive education or job training bene- edge and ideas as much as the products tember 11, 2001. The bill also covers fits worth a maximum of $75,000 over 48 they produce the U.S. Patent and troops who do not meet the six-month months. So this bill basically adds a Trademark Office (PTO) has reported service requirement because they were little more than $500 per month to the that the time it takes someone to get discharged earlier for medical or hard- current benefit and extends it for an a patent is exploding. The facts read ship reasons. extra year. The benefit could also be loud and clear: in order to maintain This bill provides our returning he- used to repay student loans. In addi- our place as the leader in tomorrow’s roes with improved health care, edu- tion, qualifying troops who previously economy, America must act now to cation and job training assistance, and enrolled in the Montgomery G.I. Bill maintain our competitive advantage help with a down-payment on a home. program would have their contribution and remain ahead of the curve. Returning troops deserve better refunded. That is why we are introducing the health care coverage. Currently, upon Finally, the Welcome Home G.I. Bill Collaborative Opportunities to Mobi- separating from the military, active helps our returning veterans realize lize and Promote Education, Tech- duty service members receive six the American dream of owning their nology, and Enterprise Act of 2005 or months of healthcare coverage as a own home. For a 5-year period after the COMPETE ACT of 2005. The COM- ‘‘transition’’ benefit and thereafter completion of their qualifying service, PETE Act is based on three simple, may enroll for an additional 18 months returning veterans may receive a tax- fundamental ideas: 1. The U.S. needs to under the Continued Health Care Ben- free $5,000 down payment for the first- maintain its competitive advantage in efit Program provided they pay re- time purchase of a home. robust technology and innovation; 2. quired premiums. Reservists released Our veterans who have endured the We must continue to ‘‘upskill’’ our from active duty can pay premiums to burdens of war, under the most trying workforce to ensure they have the obtain a year of coverage for every conditions, at tremendous personal skills necessary to remain competitive three months they were mobilized. risk and sacrifice, deserve more than in a global economy that is more reli- Under the Welcome Home G.I. Bill, a they are currently provided by this Na- ant on technology than ever before; returning veteran who is unable to se- tion upon their return. They deserve and 3. We must utilize private-public cure health care coverage from an em- the improved health care, education partnerships to help improve education ployer would be entitled to exactly the and job training, and home-ownership in the areas of science, technology, en- same medical care they received while assistance which this bill provides. I gineering and mathematics. in the service. Veterans would be enti- invite my colleagues to join me in sup- America’s economic strength is root- tled to this benefit for up to five years. porting this bill. ed in its ability to innovate, and so the Our troops also deserve better med- COMPETE Act strengthens and ex- ical screening before and after deploy- Mr. COLEMAN (for himself and pands the R&D tax credit. Expanding ments. Current law establishes a sys- Mr. PRYOR): the R&D tax credit will help American tem of pre-deployment and post-de- S. 1020. A bill to make the United companies to stay on the forefront of ployment medical examinations, in- States competitive in a global econ- the technological revolution. This cluding an assessment of mental health omy; to the Committee on Finance. credit helps fuel job creation here at and the drawing of blood samples, to Mr. COLEMAN. Mr. President, today home and enables companies to bring accurately record the medical condi- I am introducing legislation to help the more products and services to market. tion of members before and after their United States compete in an increas- The COMPETE Act also reforms and deployment. ingly global economy in order to keep improves the U.S. Patent Trademark The Welcome Home G.I. bill improves and to grow good paying, high quality Office (PTO). It is no secret that pat- the quality of pre-deployment and jobs here at home. I am very pleased to ents and trademarks are the currency post-deployment medical screening by be joined by my very good friend and that drives America’s high-tech econ- requiring that the pre-deployment colleague, Senator MARK PRYOR, who omy. Unfortunately, the PTO esti- exam include disease screening and the cares as deeply about these issues as I mates that it will take an average of 49 collection of clinical data such as vital do. months by 2009 for it to issue a patent. signs, immunization history and past In recent years much has been writ- This is a lifetime when you are inno- physical or mental health conditions. ten about globalization—especially the vating, and discourages new ideas. Fur- It also requires post-deployment med- ‘‘outsourcing’’ of American jobs over- thermore, the current backlog on pat- ical screening to include a self-admin- seas. In fact, my hometown paper, the ent applications now totals almost a istered survey in which the service St. Paul Pioneer Press recently ran an half million—the highest ever. Fortu- member may report information about editorial highlighting a survey done by nately, the PTO has come up with a so- any relevant exposures during the pe- the Federal Reserve that shows despite lution to this problem. However, it riod of deployment. These provisions all the talk of ‘‘outscouring’’ and ‘‘lost does not have the money to implement will help identify war-related ailments jobs’’, globalization has resulted in it. The COMPETE Act provides the so the information will be available to more jobs and more money for Min- PTO with the crucial funding necessary answer any future questions about the nesota’s workers. I ask unanimous con- to reform the patent and trademark ailment’s connection to military serv- sent that this article be included in the process so that U.S. companies remain ice. record along with my statement. How- on the forefront of the technological Returning warriors need access to ever, that same editorial warned that revolution. educational opportunities that can en- as China, India and the European Today, our employers need more hance their employment prospects in Union work to expand their own mar- than just raw materials; they need a civilian life after they depart military ket opportunities by modernizing their highly skilled workforce who adds that service. Currently active duty troops infrastructure and improving the skills extra value to their product. That is

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.071 S12PT1 S5110 CONGRESSIONAL RECORD — SENATE May 12, 2005 why the COMPETE Act establishes a education to ensure that America con- cles, has manufacturing plants in six Min- tax credit that will help ‘‘upskill’’ tinues to produce the best engineers nesota cities, and a market reach that ex- America’s workers so that they can and scientists in the world. And above tends around the globe. Jason Roue, general compete in an economy increasingly all, we need to do those things nec- manager at the company’s Baxter plant in central Minnesota, noted that in the past more dependent on information, com- essary to make the U.S. the best place few years the company has expanded its net- munication and technology (ICT) to do business in the world. The bot- work of global sourcing. skills. Indeed, ICT skills are today’s tom line is we all want America’s It now imports lower-cost parts and raw newest raw material and are the infra- moms and dads to enjoy good paying materials from around the world, but at the structure America needs to be a leader jobs here at home so they can do what same time have seen significant export in today’s global market. every mom and dad wants to do and growth as international demand for its prod- To help close the math and science ucts has increased. that is give our kids a better life than ‘‘If we plan on staying in business, we’re gap, the COMPETE Act creates a pub- we had. That’s what the COMPETE Act going to have to adapt,’’ said Roue. ‘‘By lic-partnership that will leverage the is all about. adopting global sourcing and lean manufac- expertise and resources of the private There being no objection, the letters turing techniques, and by differentiating sector and those in the university com- were ordered to be printed in the ourselves from foreign competitors, mainly munity to establish joint regional RECORD, as follows: in China and Korea, we think we can meet training and research centers. These [From the St. Paul Pioneer Press, Dec. 19, the challenge of global competition.’’ centers will provide training and tech- 2004] The Fed notes that regardless of how busi- nesses ‘‘feel’’ about globalization, ‘‘they nical assistance to teachers so they MINNESOTA MUST COMPETE IN A GLOBAL seem to understand that membership is not ECONOMY will be better equipped to get students negotiable, but required. ‘‘ interested in math and science at an The Federal Reserve Bank of Minneapolis We agree. Furthermore, we’d argue that early age. recently published the findings of the annual when state and local lawmakers are consid- The COMPETE Act rewards high per- survey conducted by Minnesota Technology ering new taxes and regulations, even with a forming schools in math and science Inc. and the Minnesota Department of Em- projected budget shortfall of $1.4 billion, ployment and Economic Development. The and at the same time provides an in- they also need to consider how our regimen clear message from Minnesota businesses is compares with not just Seattle and Shreve- centive for businesses to get more in- that globalization is here to stay and it’s not volved in helping high-need schools to port, but Shanghai and Singapore. For the all bad. Fed study makes clear that the world—not improve in the areas of math and ‘‘It’s the new hard reality,’’ said Ron just the country—is increasingly the com- science. Finally, the COMPETE Act es- Kirscht, president of Donnelly Custom Man- petitive landscape on which Minnesota must tablishes a matching grant program ufacturing Co. in Alexandria. compete. where federal and private resources Indeed, for all the hand wringing over outsourcing and the fact that Bemidji has to INTELLECTUAL PROPERTY OWNERS will be used to help graduate students compete with Bangalore, it’s clear that an ASSOCIATION, in science, technology, engineering and increasingly global economy has been a net Washington, DC, May 12, 2005. mathematics meet the cost of getting a gain for Minnesota. ‘‘The results showed that state manufac- Hon. NORM COLEMAN, graduate degree. This grant program Senate Hart Office Building, will also support outreach and men- turers and service providers in industries most likely to be affected by globalization Washington, DC. toring activities to increase the par- Hon. MARK PRYOR, ticipation of underrepresented groups are integrating rapidly into the global com- munity, whether through importing, export- Senate Dirksen Office Building, in these fields at every level of edu- ing, off shoring or foreign direct invest- Washington, DC. DEAR SENATORS COLEMAN AND PRYOR: In- cation. ment,’’ the Fed said in fedgazette, its month- tellectual Property Owners Association Today is the time to prepare for to- ly publication. morrow and the COMPETE Act rep- For instance, a dozen years ago, Donnelly (IPO) writes to voice its strong support for resents an important step in helping to did very little importing and no exporting. Title III of the COMPETE Act of 2005. As you Today it imports components, materials and know, IPO has long advocated ending diver- prepare the U.S. to succeed in meeting sion of the user fees paid by patent and the challenges of a rapidly changing tools, and exports its custom-built products around the world. trademark applicants to the U.S. Patent and world. The COMPETE Act will help the ‘‘We couldn’t compete if we didn’t,’’ Trademark Office (USPTO) and Title III of U.S. remain ahead of the curve when it Kirscht said. the COMPETE Act of 2005 would accomplish comes to competing in today’s global Some executives even admit that this goal. economy. That is why a number of di- globalization has made them more competi- Intellectual property rights including pat- verse organizations, including the R&D tive. ents and trademarks are the currency that drives America’s high-tech economy. Yet, Credit Coalition, National Council of ‘‘There’s always the feeling that the fewer the competitors the better,’’ said Steven the USPTO currently faces not only a work- Teachers of Mathematics, National Cheppard, CEO of Kenyon-based Foldcraft load crisis, but also questions about the Science Teachers Association, Com- Co. ‘‘But in a sort of convoluted fashion it is quality of the patents it grants. puting Technology Industry Associa- possible to make a positive out of this. It IPO’s recommended objectives for the tion (CompTIA), American Association forces us to make ourselves better and bet- USPTO are to: (1) improve patent quality, (2) for the Advancement of Science, Na- ter.’’ reduce the time it takes applicants to get a tional Association of State Univer- According to the survey, about 21 percent patent, and (3) achieve cost effectiveness in of respondents were importers and 32 percent all operations. IPO has supported the sities & Land-Grant Universities, USPTO’s ‘‘21st Century Strategic Plan’’ as a ASSE Engineering Deans Council, exporters in 1998. Today both numbers are around 40 percent. way to achieve these objectives, but until Council of Graduate Schools, American About 20 percent of those surveyed re- now, the USPTO has been hampered by lack Society for Training & Development, ported increased employment and production of funding. Last year, Congress passed legis- Association of American Universities, during the same period. On wages, about 43 lation raising patent application fees by 15 and the Intellectual Property Owners percent of businesses expect them to in- to 25 percent. The fee increase will provide Association support one or may of tile crease; 38 percent see no changes and 19 per- more than $200 million a year in additional provisions of the COMPETE Act. cent see a decrease due to increased global revenue to the USPTO through September I ask unanimous consent that their competition. Perhaps more important, busi- 2006; however, a long term solution to USPTO’s funding problems is still needed. letters of support be printed in the nesses expect to add more new production jobs between now and 2008 than they did be- America’s innovators remain prepared to RECORD. tween 1998 and 2003. pay out of our own pockets to improve the Today our economy is both more vul- Not surprisingly, the top three reasons situation at the PTO provided that the nerable and more successful than it has cited for outsourcing and importing were to money will go to the agency and not be di- ever been. To ensure that we are maxi- reduce or control costs, increase revenue and verted to unrelated programs. This fear is mizing our chances for success, we need increase overall competitiveness. About 43 not unfounded, given that Congress diverted to help employees and individuals in- percent of those surveyed said the cost of more than three-quarters of a billion dollars novate. We need to have a workforce employee health care benefits was a key fac- of fees paid by patent and trademark appli- cants to unrelated government programs that has the skills necessary to com- tor in their decision to move jobs offshore or out of state. About one-third said wages and from 1992 until 2004. pete in a worldwide economy that is in- taxes chased them out of Minnesota. IPO firmly believes that it is reasonable creasingly dependent on technology. Team Industries, a designer and manufac- and just that the USPTO keep 100 percent of We need to focus on math and science turer of power trains for recreational vehi- its own patent and trademark fees. To allow

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for anything less would be a disservice to in- COUNCIL OF GRADUATE SCHOOLS, SUBTITLE B—EDUCATION ventors and entrepreneurs and a drag on our Washington, DC. Sec. 111. Credit for information and commu- nation’s competitiveness and productivity. Hon. NORM COLEMAN, nications technology education U.S. Senate, Washington, DC. We thank you for supporting America’s and training program expenses. Hon. MARK PRYOR, innovators by introducing legislation that Sec. 112. Eligible educational institution. U.S. Senate, Washington, DC. Sec. 113. Alternative percentage limitation would end the practice of fee diversion, and DEAR SENATORS COLEMAN AND PRYOR: I am for corporate charitable con- we are committed to working with you to writing to commend you for supporting our tributions to the mathematics ensure that such legislation is enacted into nation’s economic competitiveness through and science partnership pro- law. the introduction of the Collaborative Oppor- gram. Sincerely, tunities to Mobilize and Promote Education, TITLE II—EDUCATION PROVISIONS HERBERT C. WAMSLEY, Technology and Enterprise (COMPETE) Act. Sec. 201. Regional training and research cen- Executive Director. The Council of Graduate Schools (CGS) and ters. its 460 plus member institutions are very Sec. 202. Math and science partnership grateful for your leadership in addressing the AMERICAN SOCIETY FOR bonus grants. TRAINING AND DEVELOPMENT, important issue of American competitive- Sec. 203. Matching funds program to pro- Alexandria, VA, May 11, 2005. ness. mote American competitive- CGS is committed to collaborating with Hon. NORM COLEMAN, ness through graduate edu- you and others on developing a coordinated U.S. Senate, cation. Washington, DC. national strategy to enhance America’s com- petitiveness. The European Union, China, TITLE III—UNITED STATES PATENT AND DEAR SENATOR COLEMAN: On behalf of the India and many other countries are making TRADEMARK FEE MODERNIZATION American Society for Training & Develop- large investments in education, research and Sec. 301. Patent and Trademark Office fund- ment (ASTD), thank you for introducing the development, greatly expanding their ability ing. Collaborative Opportunities to Mobilize and to compete in the global economy. The TITLE I—TAX INCENTIVES Promote Education, Technology, and Enter- United States cannot afford to coast on its Subtitle A—Research Credit prise Act of 2005 (COMPETE Act). As the past successes and must invest now to main- SEC. 101. EXTENSION OF RESEARCH CREDIT. world’s largest association dedicated to tain our economic preeminence and national (a) IN GENERAL.—Subsection (h) of section training, workplace learning, and perform- security in the years ahead. The policy changes you propose include 41 of the Internal Revenue Code of 1986 (re- ance professionals, ASTD is acutely aware lating to termination) is amended by strik- that one of the most critical issues facing or- providing a new matching fund program to promote competitiveness through graduate ing ‘‘2005’’ and inserting ‘‘2007’’. ganizations today is developing the knowl- (b) CONFORMING AMENDMENT.—Subpara- education, extension and enhancement of the edge and capabilities of the workforce. Your graph (D) of section 45C(b)(1) of such Code is R&D tax credit, and improvements to the bill is a big step in the right direction to en- amended by striking ‘‘2005’’ and inserting Federal patent and trademark process. These suring that the U.S. workforce remains com- ‘‘2007’’. policy proposals along with others designed petitive in the global economy. (c) EFFECTIVE DATE.—The amendments to support math and science education in el- made by this section shall apply to amounts Sections 111–112 of Title I, the Tax Credit ementary and secondary schools establish a paid or incurred after the date of the enact- for Information and Communications Tech- solid foundation for a longer-term, com- ment of this Act. nology Education and Training Program Ex- prehensive agenda designed to maintain our nation’s leadership in innovation, research SEC. 102. INCREASE IN RATES OF ALTERNATIVE penses, are of particular interest to ASTD. INCREMENTAL CREDIT. This tax credit can benefit all U.S. compa- and discovery. (a) IN GENERAL.—Subparagraph (A) of sec- nies because every industry requires IT We are also appreciative of your additional legislative efforts to increase global com- tion 41(c)(4) of the Internal Revenue Code of skills, not just IT-based companies. Accord- 1986 (relating to election of alternative in- ing to ASTD’s 2004 State of the Industry Re- petition for the best and the brightest. As you know, the U.S. must continue wel- cremental credit) is amended— port, one of the most important content coming qualified international students to (1) by striking ‘‘2.65 percent’’ and inserting areas in which employees are trained in U.S. our country and simultaneously imple- ‘‘3 percent’’; organizations is IT and systems training. A menting policies to address declining partici- (2) by striking ‘‘3.2 percent’’ and inserting tax credit for expenses paid or incurred for pation of domestic students across key fields ‘‘4 percent’’; and IT training demonstrates a targeted solution in science, technology, engineering, mathe- (3) by striking ‘‘3.75 percent’’ and inserting for both employer and employee (or an un- matics and critical foreign languages. ‘‘5 percent’’. employed individual). Employers identify Thank you for your leadership in address- (b) EFFECTIVE DATE.—The amendments what training is needed; employees are able ing American competitiveness and for sup- made by this section shall apply to taxable to train or upskill in industries that need porting the vital role played by graduate years ending after the date of the enactment skilled workers. And because employers or education as a key part of our national of this Act. individuals are required to pay half the strategy to maintain our leadership in the SEC. 103. ALTERNATIVE SIMPLIFIED CREDIT FOR training or educational costs, there is a global economy. QUALIFIED RESEARCH EXPENSES. greater likelihood that the program will be Sincerely, (a) IN GENERAL.—Subsection (c) of section successful. ASTD therefore supports your ef- DEBRA W. STEWART. 41 of the Internal Revenue Code of 1986 (re- lating to base amount) is amended by redes- forts to include these sections in the COM- I ask unanimous consent that the ignating paragraphs (5) and (6) as paragraphs PETE Act. text of the bill be printed in the (6) and (7), respectively, and by inserting Many businesses find themselves ill- RECORD. after paragraph (4) the following new para- equipped to grow because the skills required There being no objection, the bill was graph: to meet demand for growth are in short sup- ordered to be printed in the RECORD, as ‘‘(5) ELECTION OF ALTERNATIVE SIMPLIFIED ply in their organizations. A full 66 percent follows: CREDIT.— of respondents to a recent ASTD poll say S. 1020 ‘‘(A) IN GENERAL.—At the election of the taxpayer, the credit determined under sub- there is a skills gap in their organizations Be it enacted by the Senate and House of Rep- section (a)(1) shall be equal to 12 percent of right now, and almost 20 percent say there resentatives of the United States of America in so much of the qualified research expenses will be one within the next year. The best Congress assembled, approach for addressing the skills gap is the for the taxable year as exceeds 50 percent of SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the average qualified research expenses for COMPETE Act’s solution of providing gov- (a) SHORT TITLE.—This Act may be cited as the 3 taxable years preceding the taxable ernment incentives that enable the private the ‘‘Collaborative Opportunities to Mobilize year for which the credit is being deter- sector to train or educate more people in the and Promote Education, Technology, and mined. industries in which skilled workers are need- Enterprise Act of 2005’’ or the ‘‘COMPETE ‘‘(B) SPECIAL RULE IN CASE OF NO QUALIFIED ed. Act of 2005’’. RESEARCH EXPENSES IN ANY OF 3 PRECEDING (b) TABLE OF CONTENTS.—The table of con- The COMPETE Act is an excellent example TAXABLE YEARS.— tents of this Act is as follows: of a public-private partnership that can en- ‘‘(i) TAXPAYERS TO WHICH SUBPARAGRAPH Sec. 1. Short title; table of contents. sure companies remain competitive, and in- APPLIES.—The credit under this paragraph dividuals seek the education they need to TITLE I—TAX INCENTIVES shall be determined under this subparagraph enter or re-enter the workforce. We look for- SUBTITLE A—RESEARCH CREDIT if the taxpayer has no qualified research ex- ward to working with you and your staff as Sec. 101. Extension of research credit. penses in any 1 of the 3 taxable years pre- this bill progresses through the Senate. Sec. 102. Increase in rates of alternative in- ceding the taxable year for which the credit Sincerely, cremental credit. is being determined. TONY BINGHAM, Sec. 103. Alternative simplified credit for ‘‘(ii) CREDIT RATE.—The credit determined President & CEO. qualified research expenses. under this subparagraph shall be equal to 6

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percent of the qualified research expenses for ‘‘(2) INDIVIDUALS.—The amount of expenses ‘‘(D) other expenses that are essential to the taxable year. with respect to any individual described in assessing skill acquisition. ‘‘(C) ELECTION.—An election under this subsection (a)(2) which may be taken into ac- ‘‘(2) INFORMATION TECHNOLOGY EDUCATION paragraph shall apply to the taxable year for count under subsection (a) for the taxable AND TRAINING PROGRAM.—The term ‘informa- which made and all succeeding taxable years year shall not exceed $2,500 ($4,000 in the case tion technology education and training pro- unless revoked with the consent of the Sec- of a qualified individual). gram’ means a training program in informa- retary. An election under this paragraph ‘‘(3) COORDINATION OF CREDITS.— tion and communications technology work- may not be made for any taxable year to ‘‘(A) IN GENERAL.—The credit under sub- place disciplines or which is provided in the which an election under paragraph (4) ap- section (a)(1) allowed to an employer with United States by an accredited college, uni- plies.’’. respect to any employee shall be reduced by versity, private career school, postsecondary (b) COORDINATION WITH ELECTION OF ALTER- the coordination exclusion amount. educational institution, a commercial infor- NATIVE INCREMENTAL CREDIT.— ‘‘(B) PORTION OF CREDIT ALLOWABLE.—For mation technology provider, or an employer- (1) IN GENERAL.—Section 41(c)(4)(B) of the purposes of subparagraph (A), the coordina- owned information technology training orga- Internal Revenue Code of 1986 (relating to tion exclusion amount is an amount which nization. election) is amended by adding at the end bears the same ratio to the applicable limi- ‘‘(3) COMMERCIAL INFORMATION TECHNOLOGY the following: ‘‘An election under this para- tation as— TRAINING PROVIDER.—The term ‘commercial graph may not be made for any taxable year ‘‘(i) the amount (if any) of the limitation information technology training provider’ to which an election under paragraph (5) ap- applicable to such employee under sub- means a private sector organization pro- plies.’’. section (b)(2) which such employee does not viding an information and communications (2) TRANSITION RULE.—In the case of an assign to such employer, bears to technology education and training program. election under section 41(c)(4) of the Internal ‘‘(ii) $2,500 ($4,000 in the case of an em- ‘‘(4) EMPLOYER-OWNED INFORMATION TECH- Revenue Code of 1986 which applies to the ployee who is a qualified individual). NOLOGY TRAINING ORGANIZATION.—The term taxable year which includes the date of the ‘‘(C) APPLICABLE LIMITATION.—For purposes ‘employer-owned information technology enactment of this Act, such election shall be of subparagraph (B), the term ‘applicable training organization’ means a private sec- treated as revoked with the consent of the limitation’ means the amount under para- tor organization that provides information Secretary of the Treasury if the taxpayer graph (2) with respect to such employee technology training to its employees using makes an election under section 41(c)(5) of which is used by such employer to calculate internal training development and delivery such Code (as added by subsection (a)) for the limitation under such paragraph. personnel. The training programs must use such year. ‘‘(4) QUALIFIED INDIVIDUAL.—The term industry-recognized training disciplines and (c) EFFECTIVE DATE.—The amendments ‘qualified individual’ means an individual— evaluation methods, comparable to institu- made by this section shall apply to taxable ‘‘(A) with respect to whom all information tional and commercial training providers. years ending after the date of the enactment and communications technology education ‘‘(d) DENIAL OF DOUBLE BENEFIT.— of this Act. and training program expenses are paid or ‘‘(1) DISALLOWANCE OF OTHER CREDITS AND Subtitle B—Education incurred in connection with a program oper- DEDUCTIONS.—No deduction or credit shall be ated— allowed under any other provision of this SEC. 111. CREDIT FOR INFORMATION AND COM- ‘‘(i) in an empowerment zone or enterprise MUNICATIONS TECHNOLOGY EDU- chapter for expenses taken into account in CATION AND TRAINING PROGRAM community designated under part I of sub- determining the credit under this section. EXPENSES. chapter U or a renewal community des- ‘‘(2) REDUCTION FOR HOPE AND LIFETIME (a) IN GENERAL.—Subpart B of part IV of ignated under part I of subchapter X, LEARNING CREDITS.—The amount taken into subchapter A of chapter 1 of the Internal ‘‘(ii) in a school district in which at least account under subsection (a) shall be reduced Revenue Code of 1986 is amended by adding 50 percent of the students attending schools by the information technology education and at the end the following: in such district are eligible for free or re- training program expenses taken into ac- duced-cost lunches under the school lunch ‘‘SEC. 30B. INFORMATION AND COMMUNICATIONS count in determining the credits under sec- TECHNOLOGY EDUCATION AND program established under the Richard B. tion 25A. Russell National School Lunch Act, TRAINING PROGRAM EXPENSES. ‘‘(e) CERTAIN RULES MADE APPLICABLE.— ‘‘(a) ALLOWANCE OF CREDIT.—There shall be ‘‘(iii) in an area designated as a disaster For purposes of this section, rules similar to allowed as a credit against the tax imposed area by the Secretary of Agriculture or by the rules of section 45A(e)(2) and subsections by this chapter for the taxable year an the President under the Robert T. Stafford (c), (d), and (e) of section 52 shall apply. Disaster Relief and Emergency Assistance amount equal to 50 percent of information ‘‘(f) APPLICATION WITH OTHER CREDITS.— Act in the taxable year or any of the 4 pre- and communications technology education The credit allowed by subsection (a) for any ceding taxable years, and training program expenses paid or in- taxable year shall not exceed the excess (if ‘‘(iv) in a rural enterprise community des- curred by the taxpayer for the benefit of— any) of— ignated under section 766 of the Agriculture, ‘‘(1) in the case of a taxpayer engaged in a ‘‘(1) the sum of the regular tax liability (as Rural Development, Food and Drug Adminis- trade or business, an employee of the tax- defined by section 26(b)) plus the tax imposed tration, and Related Agencies Appropria- payer, or by section 55, over tions Act, 1999, ‘‘(2) in the case of a taxpayer who is an in- ‘‘(2) the sum of the credits allowable under ‘‘(v) in an area designated by the Secretary dividual not so engaged, such individual. subpart A and section 27 for the taxable year. ‘‘(b) LIMITATIONS.— of Agriculture as a Rural Economic Area ‘‘(g) INFLATION ADJUSTMENTS.—In the case ‘‘(1) EMPLOYERS.—In the case of any tax- Partnership Zone, of a taxable year beginning after 2004, each payer described in subsection (a)(1), the ‘‘(vi) in an area over which an Indian tribal of the dollar amounts under paragraphs (1), amount of expenses which may be taken into government (as defined in section 7701(a)(40)) (2), and (3) of subsection (b) shall be in- account under subsection (a) for the taxable has jurisdiction, or creased by an amount equal to— year shall not exceed the greater of— ‘‘(vii) by an employer who has 200 or fewer ‘‘(1) such dollar amount, multiplied by ‘‘(A) the excess of— employees for each business day in each of 20 ‘‘(2) the cost-of-living adjustment deter- ‘‘(i) the sum of— or more calendar weeks in the current or mined under section 1(f)(3) of the calendar ‘‘(I) $10,000 multiplied by the number of preceding calendar year, year in which the taxable year begins, deter- qualified individuals who are employees and ‘‘(B) with a disability, or mined by substituting ‘calendar year 2003’ with respect to whom the taxpayer has paid ‘‘(C) who is receiving a benefit under chap- for ‘calendar year 1992’ in subparagraph (B) or incurred information and communications ter 2 of title II of the Trade Act of 1974. thereof. technology education and training expenses, ‘‘(c) INFORMATION TECHNOLOGY EDUCATION plus AND TRAINING PROGRAM EXPENSES.—For pur- If any amount as adjusted under the pre- ‘‘(II) $8,000 multiplied by the number of all poses of this section— ceding sentence is not a multiple of $100, other employees with respect to whom the ‘‘(1) IN GENERAL.—The term ‘information such amount shall be rounded to the next taxpayer has paid or incurred such expenses, technology education and training program lowest multiple of $100.’’. over expenses’ means expenses paid or incurred by (b) CLERICAL AMENDMENT.—The table of ‘‘(ii) the average amount of such expenses reason of the participation of the taxpayer sections for subpart B of part IV of sub- paid or incurred by the taxpayer with re- (or any employee of the taxpayer) in any in- chapter A of chapter 1 of the Internal Rev- spect to all employees for the 3 preceding formation and communications technology enue Code of 1986 is amended by adding at taxable years, or education and training program. Such ex- the end the following: ‘‘(B) the sum of— penses shall include expenses paid in connec- ‘‘Sec. 30B. Information and communications ‘‘(i) $4,000 multiplied by the number of tion with— technology education and qualified individuals who are employees and ‘‘(A) course work, training program expenses.’’. with respect to whom the taxpayer has paid ‘‘(B) certification testing, or incurred such expenses, plus ‘‘(C) programs carried out under the Act of (c) EFFECTIVE DATE.—The amendments ‘‘(ii) $2,500 multiplied by the number of all August 16, 1937 (50 Stat. 664, chapter 663; 29 made by this section shall apply to amounts other employees with respect to whom the U.S.C. 50 et seq), which are registered by the paid or incurred in taxable years beginning taxpayer has paid or incurred such expenses. Department of Labor, and after December 31, 2004.

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.073 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5113 SEC. 112. ELIGIBLE EDUCATIONAL INSTITUTION. (1) A research organization. ‘‘SEC. 2204. MATH AND SCIENCE PARTNERSHIP (a) IN GENERAL.—Section 25A(f)(2) of the (2) An organization described in section BONUS GRANTS. Internal Revenue Code of 1986 (relating to el- 501(c)(3) of the Internal Revenue Code of 1986 ‘‘(a) IN GENERAL.—From amounts appro- igible educational institution) is amended to that— priated under subsection (d), the Secretary read as follows: (A) is exempt from taxation under section shall award a grant— ‘‘(2) ELIGIBLE EDUCATIONAL INSTITUTION.— 501(a) of such Code; and ‘‘(1) for each of the school years 2005–2006 The term ‘eligible educational institution’ (B) has expertise in the sciences, tech- through 2014–2015, to each of the 5 elemen- means— nology, engineering, or mathematics. tary schools and each of the 5 secondary ‘‘(A) an institution— (3) A trade or business. schools in a State whose students dem- ‘‘(i) which is described in section 101(b) or onstrate the most improvement in mathe- (c) LOCATION.—The Director of the Na- 102(a) of the Higher Education Act of 1965, matics, as measured by the improvement in tional Science Foundation shall award a and the students’ average score on the State’s as- grant for the establishment of 1 regional ‘‘(ii) which is eligible to participate in a sessments in mathematics from the school training and research center in each of the 10 program under title IV of such Act, or year preceding the school year for which the geographic regions of the United States that ‘‘(B) a commercial information and com- grant is awarded to the school year for which is served by a regional educational labora- munications technology training provider the grant is awarded; and tory under section 174 of the Education (as defined in section 30B(c)(3)).’’. ‘‘(2) for each of the school years 2009–2010 Sciences Reform Act of 2002 (20 U.S.C. 9564). (b) CONFORMING AMENDMENT.—The second through 2014–2015, to each of the 5 elemen- sentence of section 221(d)(2) of the Internal (d) DESIGNATION.—Each regional training tary schools and each of the 5 secondary Revenue Code of 1986 is amended by striking and research center established under this schools in a State whose students dem- ‘‘section 25A(f)(2)’’ and inserting ‘‘section section shall be known as a ‘‘Making Amer- onstrate the most improvement in science, 25A(f)(2)(A)’’. ica Competitive Center’’ (MAC Center). as measured by the improvement in the stu- (c) EFFECTIVE DATE.—The amendments (e) USE OF FUNDS.— dents’ average score on the State’s assess- made by this section shall apply to taxable (1) IN GENERAL.—Each eligible entity re- ments in science from the school year pre- years beginning after December 31, 2004. ceiving a grant under this section shall use ceding the school year for which the grant is SEC. 113. ALTERNATIVE PERCENTAGE LIMITA- the grant funds to establish a regional train- awarded to the school year for which the TION FOR CORPORATE CHARITABLE ing and research center that— grant is awarded. CONTRIBUTIONS TO THE MATHE- ‘‘(b) GRANT AMOUNT.—The amount of each MATICS AND SCIENCE PARTNERSHIP (A) provides training, technical assistance, and professional development in the grant awarded under this section shall be PROGRAM. $500,000. (a) IN GENERAL.—Section 170(b) of the In- sciences, technology, engineering, and math- ‘‘(c) APPLICABILITY.—Sections 2201, 2202, ematics, to or for States, local educational ternal Revenue Code of 1986 (related to per- and 2203 shall not apply to this section. agencies, qualified teachers, and schools, in centage limitations) is amended by adding at ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— the region served by the regional training the end the following new paragraph: There are authorized to be appropriated to and research center; ‘‘(3) SPECIAL RULE FOR CORPORATE CON- carry out this section $130,000,000 for each of (B)(i) develops and funds joint cooperative TRIBUTIONS TO THE MATHEMATICS AND SCIENCE fiscal years 2006 through 2009, and $260,000,000 programs, for qualified teachers and stu- PARTNERSHIP PROGRAM.— for each of fiscal years 2010 through 2015.’’. ‘‘(A) IN GENERAL.—In the case of a corpora- dents, with a trade or business related to the sciences, technology, engineering, or mathe- SEC. 203. MATCHING FUNDS PROGRAM TO PRO- tion which makes an eligible mathematics MOTE AMERICAN COMPETITIVENESS and science contribution— matics; and THROUGH GRADUATE EDUCATION. ‘‘(i) the limitation under paragraph (2) (ii) develops instructional materials and (a) PURPOSE.—The purpose of this section shall apply separately with respect to all teaching methods in the areas of the is to promote America’s economic competi- such contributions and all other charitable sciences, technology, engineering, and math- tiveness and job creation by— contributions, and ematics for use in primary and secondary (1) assisting graduate students studying ‘‘(ii) paragraph (2) shall be applied with re- schools in the region served by the center; the sciences, technology, engineering, and spect to all eligible mathematics and science and mathematics; contributions by substituting ‘15 percent’ for (C) builds networks among the sciences, (2) advancing education in the sciences, ‘10 percent’. technology, engineering, and mathematics technology, engineering, and mathematics; ‘‘(B) ELIGIBLE MATHEMATICS AND SCIENCE resources within the 10 regions and nation- (3) stimulating greater links between pri- CONTRIBUTION.— ally. vate industry and graduate education; and ‘‘(i) IN GENERAL.—For purposes of this (2) QUALIFIED TEACHER.—For purposes of (4) enabling the Office of Science of the De- paragraph, the term ‘eligible mathematics paragraph (1)(B), the term ‘‘qualified teach- partment of Energy to establish a matching and science contribution’ means a charitable er’’ means any individual who— funds program for eligible institutions of contribution (other than a contribution of (A) teaches one or more courses in grades higher education. used equipment) to a qualified partnership 4 through 12 primarily in— (b) DEFINITIONS.—In this section: for the purpose of an activity described in (i) science; (1) ELIGIBLE INSTITUTION OF HIGHER EDU- section 2202(c) of the Elementary and Sec- (ii) computer science; CATION.—The term ‘‘eligible institution of ondary Education Act of 1965.. (iii) occupational preparation with respect higher education’’ means an institution of ‘‘(ii) QUALIFIED PARTNERSHIP.—The term to vocational and technical occupations; higher education, as defined in section 101(a) ‘qualified partnership’ means an eligible (iv) engineering; or of the Higher Education Act of 1965 (20 U.S.C. partnership (within the meaning of section (v) mathematics; or 1001), that— 2201(b)(1) of the Elementary and Secondary (B)(i) received a baccalaureate or similar (A) offers an established program of post- Education Act of 1965), but only to the ex- degree with a major or a minor in the baccalaureate study leading to a graduate tent that such partnership does not include a sciences, technology, engineering, or mathe- degree in the sciences, technology, engineer- person other than a person described in para- matics from a college, university, vocational ing, or mathematics; and graph (1)(A).’’. school, or other postsecondary institution el- (B) enters into a written agreement with (b) EFFECTIVE DATE.—The amendment igible to participate in a student aid pro- the Director pursuant to subsection (e) to made by this section shall apply to contribu- gram administered by the Department of carry out the authorized activities described tions made after the date of the enactment Education; and in the application submitted under sub- of this Act. (ii) is a teacher who is highly qualified section (d). TITLE II—EDUCATION PROVISIONS (within the meaning of section 9101(23) of the (2) DIRECTOR.—The term ‘‘Director’’ means Elementary and Secondary Education Act of SEC. 201. REGIONAL TRAINING AND RESEARCH the Director of the Office of Science of the CENTERS. 1965). Department of Energy. (a) CENTERS ESTABLISHED.—From amounts (f) AUTHORIZATION OF APPROPRIATIONS.— (c) GRANTS.— appropriated under subsection (f), the Direc- There are authorized to be appropriated to (1) GRANTS AUTHORIZED.—The Director is tor of the National Science Foundation shall carry out this section— authorized to award grants, on a competitive award grants, on a competitive basis, to eli- (1) $200,000,000 for fiscal year 2006; basis, to eligible institutions of higher edu- gible entities to enable the eligible entities (2) $210,000,000 for fiscal year 2007; cation to enable the eligible institutions of to establish 10 regional training and research (3) $230,000,000 for fiscal year 2008; higher education to carry out authorized ac- centers to help maintain the Nation’s work- (4) $270,000,000 for fiscal year 2009; and tivities described in subsection (e). force and education investment and infra- (5) $350,000,000 for fiscal year 2010. (2) MATCHING FUNDS REQUIRED.—In order to structure in the sciences, technology, engi- receive a grant under this subsection an eli- neering, and mathematics. SEC. 202. MATH AND SCIENCE PARTNERSHIP gible institution of higher education shall BONUS GRANTS. (b) ELIGIBLE ENTITY DEFINED.—In this sec- agree to provide matching funds, toward the tion the term ‘‘eligible entity’’ means a part- Part B of title II of the Elementary and cost of the authorized activities to be as- nership between an institution of higher edu- Secondary Education Act of 1965 (20 U.S.C. sisted under the grant, in an amount equal cation and 1 or more of the following enti- 6661 et seq.) is amended by adding at the end to 25 percent of the funds received under the ties: the following: grant.

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.073 S12PT1 S5114 CONGRESSIONAL RECORD — SENATE May 12, 2005 (3) AWARD CONSIDERATIONS.—In awarding (f) AUTHORIZATION OF APPROPRIATIONS.— job growth over the next decade will be grants under this subsection the Director There are authorized to be appropriated to in jobs that require some postsec- shall take into consideration— carry out this section— ondary education or training. (A) the demonstrated commitment of the (1) $50,000,000 for fiscal year 2006; Technology is demanding that every- eligible institution of higher education to (2) $60,000,000 for fiscal year 2007; one continue to learn and gain skills. providing matching funds (including tuition (3) $70,000,000 for fiscal year 2008; remission, tuition waivers, and other types (4) $80,000,000 for fiscal year 2009; and In January of this year the labor force of institutional support) toward the cost of (5) $90,000,000 for fiscal year 2010. participation rate for individuals over the authorized activities to be assisted under TITLE III—UNITED STATES PATENT AND the age of 16 who are willing and able the grant; TRADEMARK FEE MODERNIZATION to work was 68.8 percent, the lowest in (B) the demonstrated capacity of the eligi- over 15 years, as more Americans con- ble institution of higher education to raise SEC. 301. PATENT AND TRADEMARK OFFICE FUNDING. clude that they cannot meet the skill matching funds from private sources; (a) AMENDMENT.—Section 42(c) of title 35, demands of today’s workplace and (C) the demonstrated ability of the eligible United States Code, is amended— institution of higher education to work with choose to no longer participate in the (1) by striking ‘‘(c)’’ and inserting ‘‘(c)(1)’’; private corporations and organizations to workforce. and promote economic competitiveness and job The legislation I am introducing (2) by adding at the end the following: creation; ‘‘(2) If estimated fee collections by the Pat- today helps meet these challenges. It is (D) the demonstrated ability of the eligible ent and Trademark Office for a fiscal year the result of a bipartisan process that institution of higher education to increase exceed the amount appropriated to the Office began in the 108th Congress. It gives the number of the eligible institution of for that fiscal year, the Director shall reduce States and local areas the flexibility to higher education’s graduates in the sciences, fees established under section 41 of this title technology, engineering, or mathematics provide training for jobs in high skill, and section 31(a) of the Act of July 5, 1946 with the interdisciplinary background and high wage, and high demand occupa- (commonly referred to as the ‘Trademark the technical, professional and personal tions. It strengthens connections with Act of 1946’) for that fiscal year or the re- skills needed to contribute to American the private sector, postsecondary edu- mainder of that fiscal year so that estimated competitiveness and job creation in the fu- collections for that fiscal year are equal to cation and training, and economic de- ture; the amount appropriated to the Office for velopment systems to prepare the 21st (E) the potential for the grant assistance that fiscal year. Such reductions shall take century workforce. It improves the ex- to increase the number of graduates in the effect on the later of October 1, of that fiscal isting structure of one-stops to ensure sciences, technology, engineering, or mathe- year or 2 months after the date of enactment matics at the eligible institution of higher an effective response to the changing of the Act making the appropriation, and education; and needs of employers and workers in a shall not be retroactive.’’. (F) the demonstrated track record of the new economy. It includes a new focus (b) EFFECTIVE DATE.—The amendments eligible institution of higher education in on entrepreneurial skills and micro-en- made by subsection (a) shall apply with re- outreach and mentoring activities that have spect to fiscal year 2006 and each fiscal year terprises, addresses unique needs of the expressed purpose of recruiting and re- thereafter. small businesses and rural areas, and taining women, recognized minorities, and encourages collaboration locally and individuals with disabilities in the sciences, By Mr. ENZI (for himself and Mr. regionally with economic development technology, engineering, or mathematics. KENNEDY): and education. (4) AMOUNT.—The Director shall award each grant under this subsection in an S. 1021. A bill to reauthorize the This legislation also amends the amount that is not more than $1,000,000 for Workforce Investment Act of 1998, and Adult Education and Family Literacy each fiscal year. for other purposes; to the Committee Act and the Vocational Rehabilitation (5) EQUITABLE GEOGRAPHIC DISTRIBUTION.— on Health, Education, Labor, and Pen- Act. These amendments encourage co- In awarding grants under this subsection the sions. ordination with K–12 schools, postsec- Director shall ensure— Mr. ENZI. Mr. President I rise today ondary education and the workforce (A) an equitable geographic distribution of to introduce the Workforce Investment system so that individuals with bar- the grants; and Act Amendments of 2005. I am pleased riers to workforce participation will (B) an equitable distribution among public and independent eligible institutions of high- to be joined in this important effort by have an opportunity to gain the lit- er education. Senator KENNEDY, the Ranking Mem- eracy, language or core skills they will (d) APPLICATIONS.—Each eligible institu- ber of the Health, Education, Labor need to enter and advance in the work- tion of higher education desiring a grant and Pensions Committee. place. under this section shall submit an applica- The Workforce Investment Act I hope that our bipartisan efforts will tion to the Director at such time, in such (WIA), together with the Perkins Ca- continue to produce the results that manner, and accompanied by such informa- reer and Technical Education Act, are needed as we move this bill through tion and assurances as the Director may re- quire. Each such application shall describe— which we passed earlier this year, and the Senate and into Conference. This (1) the authorized activities for which as- the Higher Education Act, which we legislation is critical to meeting the sistance is sought; will consider in the next few months, workforce challenges of the 21st cen- (2) the source and amount of the matching will provide the important resources tury. It sends a clear message that we funds to be provided; and that are needed to adequately prepare are serious about helping our workers (3) the amount of funds raised by the eligi- our workforce with the skills that are and employers remain competitive and ble institution of higher education from pri- necessary for jobs and careers in high closing the skills gap that places vate sources that will be allocated and spent wage and high skilled occupations. America’s long-term competitiveness to carry out the authorized activities de- scribed in subsection (e). We are facing an economic challenge in jeopardy. (e) AUTHORIZED ACTIVITIES; AGREEMENT.— that threatens our ability as a nation I ask unanimous consent that the Each eligible institution of higher education to compete in the global economy. As text of the bill be printed in the desiring a grant under this section shall we heard from the witnesses who testi- RECORD. enter into a written agreement with the Di- fied at a hearing held on April 14, 2005, There being no objection, the bill was rector under which the eligible institution of before the Health, Education, Labor ordered to be printed in the RECORD, as higher education agrees to use all of the follows: grant funds— and Pensions Committee, we have too (1) to provide stipends or other financial few workers with too few skills. The S. 1021 assistance (such as tuition assistance and re- skill and literacy requirements of to- Be it enacted by the Senate and House of Rep- lated expenses) for students who are enrolled day’s and tomorrow’s workplace can- resentatives of the United States of America in in graduate programs in the sciences, tech- not be met if we do not provide every- Congress assembled, nology, engineering, or mathematics at the one access to lifelong education, train- SECTION 1. SHORT TITLE. eligible institution of higher education; and ing and retraining. This Act may be cited as the ‘‘Workforce (2) to support outreach and mentoring ac- Sixty percent of tomorrow’s jobs will Investment Act Amendments of 2005’’. tivities to increase the participation of require skills that only 20 percent of SEC. 2. TABLE OF CONTENTS. underrepresented groups in the sciences, The table of contents of this Act is as fol- technology, engineering, or mathematics at today’s workers possess. About half of lows: all or any level of education, including ele- our current workforce does not have a Sec. 1. Short title. mentary, secondary and post-secondary edu- postsecondary education degree or cre- Sec. 2. Table of contents. cation. dential, when all projections are that Sec. 3. References.

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0655 E:\CR\FM\A12MY6.073 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5115 TITLE I—AMENDMENTS TO TITLE I OF TITLE IV—REHABILITATION ACT Sec. 490. Program of grants. THE WORKFORCE INVESTMENT ACT OF AMENDMENTS Sec. 491. Independent living services for 1998 Sec. 401. Short title. older individuals who are blind Subtitle A—Definitions Sec. 402. Technical amendments to table of authorization of appropria- tions. Sec. 101. Definitions. contents. Sec. 403. Purpose. Subtitle H—Miscellaneous Subtitle B—Statewide and Local Workforce Sec. 404. Definitions. Investment Systems Sec. 495. Helen Keller National Center Act. Sec. 405. Administration of the Act. TITLE V—TRANSITION AND EFFECTIVE Sec. 111. Purpose. Sec. 406. Reports. DATE Sec. 112. State workforce investment boards. Sec. 407. Carryover. Sec. 501. Transition provisions. Sec. 113. State plan. Subtitle A—Vocational Rehabilitation Sec. 114. Local workforce investment areas. Sec. 502. Effective date. Services Sec. 115. Local workforce investment SEC. 3. REFERENCES. boards. Sec. 411. Declaration of policy; authoriza- Except as otherwise expressly provided, Sec. 116. Local plan. tion of appropriations. wherever in this Act an amendment or repeal Sec. 117. Establishment of one-stop delivery Sec. 412. State plans. is expressed in terms of an amendment to, or systems. Sec. 413. Eligibility and individualized plan repeal of, a section or other provision, the Sec. 118. Eligible providers of training serv- for employment. reference shall be considered to be made to a ices. Sec. 414. Vocational rehabilitation services. section or other provision of the Workforce Sec. 119. Eligible providers of youth activi- Sec. 415. State rehabilitation council. Investment Act of 1998 (29 U.S.C. 2801 et ties. Sec. 416. Evaluation standards and perform- seq.). Sec. 120. Youth activities. ance indicators. TITLE I—AMENDMENTS TO TITLE I OF Sec. 121. Adult and dislocated worker em- Sec. 417. Monitoring and review. THE WORKFORCE INVESTMENT ACT OF ployment and training activi- Sec. 418. State allotments. 1998 ties. Sec. 419. Reservation for expanded transi- Subtitle A—Definitions Sec. 122. Performance accountability sys- tion services. Sec. 420. Client assistance program. SEC. 101. DEFINITIONS. tem. Section 101 (29 U.S.C. 2801) is amended— Sec. 123. Authorization of appropriations. Sec. 421. Incentive grants. Sec. 422. Vocational rehabilitation services (1) by redesignating paragraphs (1) through Subtitle C—Job Corps grants. (4), (5) through (16), (17), (18) through (41), Sec. 131. Job Corps. Sec. 423. GAO studies. and (42) through (53) as paragraphs (2) Subtitle D—National Programs through (5), (7) through (18), (20), (23) through Subtitle B—Research and Training (46), and (48) through (59), respectively; Sec. 141. Native American programs. Sec. 431. Declaration of purpose. (2) by inserting before paragraph (2) (as re- Sec. 142. Migrant and seasonal farmworker Sec. 432. Authorization of appropriations. designated by paragraph (1)) the following: programs. Sec. 433. National Institute on Disability ‘‘(1) ACCRUED EXPENDITURES.—The term Sec. 143. Veterans’ workforce investment and Rehabilitation Research. ‘accrued expenditures’ means charges in- programs. Sec. 434. Interagency committee. curred by recipients of funds under this title Sec. 144. Youth challenge grants. Sec. 435. Research and other covered activi- for a given period requiring the provision of Sec. 145. Technical assistance. ties. funds for— Sec. 146. Demonstration, pilot, multiservice, Sec. 436. Rehabilitation Research Advisory ‘‘(A) goods or other tangible property re- research, and multistate Council. ceived; projects. Sec. 437. Definition. ‘‘(B) services performed by employees, con- Sec. 147. National dislocated worker grants. tractors, subgrantees, subcontractors, and Sec. 148. Authorization of appropriations for Subtitle C—Professional Development and other payees; and national activities. Special Projects and Demonstrations ‘‘(C) other amounts becoming owed under Subtitle E—Administration Sec. 441. Training. Sec. 442. Demonstration and training pro- programs assisted under this title for which Sec. 151. Requirements and restrictions. grams. no current services or performance is re- Sec. 152. Reports. Sec. 443. Migrant and seasonal farmworkers. quired, such as annuities, insurance claims, Sec. 153. Administrative provisions. Sec. 444. Recreational programs. and other benefit payments.’’; Sec. 154. Use of certain real property. (3) in paragraph (2) (as redesignated by Subtitle D—National Council on Disability Sec. 155. General program requirements. paragraph (1)), by striking ‘‘Except in sec- Sec. 156. Table of contents. Sec. 451. Authorization of appropriations. tions 127 and 132,’’ and inserting ‘‘Except in Subtitle F—Incentive Grants Subtitle E—Rights and Advocacy section 132,’’; Sec. 161. Incentive grants. Sec. 461. Architectural and Transportation (4) by striking paragraph (5) (as redesig- nated by paragraph (1)) and inserting the fol- Subtitle G—Conforming Amendments Barriers Compliance Board. Sec. 462. Protection and advocacy of indi- lowing: Sec. 171. Conforming amendments. vidual rights. ‘‘(5) BASIC SKILLS DEFICIENT.—The term TITLE II—AMENDMENTS TO THE ADULT ‘basic skills deficient’ means, with respect to Subtitle F—Employment Opportunities for EDUCATION AND FAMILY LITERACY ACT an individual, that the individual— Individuals With Disabilities Sec. 201. Short title; purpose. ‘‘(A) has English reading, writing, or com- Sec. 202. Definitions. Sec. 471. Projects with industry. puting skills at or below the 8th grade level Sec. 203. Authorization of appropriations. Sec. 472. Projects with industry authoriza- on a generally accepted standardized test or Sec. 204. Home schools. tion of appropriations. a comparable score on a criterion-referenced Sec. 205. Reservation of funds; grants to eli- Sec. 473. Services for individuals with sig- test; or gible agencies; allotments. nificant disabilities authoriza- ‘‘(B) is unable to compute or solve prob- Sec. 206. Performance accountability sys- tion of appropriations. lems, read, write, or speak English at a level tem. Subtitle G—Independent Living Services and necessary to function on the job, in the indi- Sec. 207. State administration. Centers for Independent Living vidual’s family, or in society.’’; Sec. 208. State distribution of funds; match- Sec. 481. State plan. (5) by inserting after paragraph (5) (as re- ing requirement. Sec. 482. Statewide Independent Living designated by paragraph (1)) the following: Sec. 209. State leadership activities. Council. ‘‘(6) BUSINESS INTERMEDIARY.—The term Sec. 210. State plan. Sec. 483. Independent living services author- ‘business intermediary’ means an entity that Sec. 211. Programs for corrections education ization of appropriations. brings together various stakeholders with an and other institutionalized in- Sec. 484. Program authorization. expertise in an industry or business sector.’’; dividuals. Sec. 485. Grants to centers for independent (6) in paragraph (9) (as redesignated by Sec. 212. Grants and contracts for eligible living in States in which Fed- paragraph (1)), by inserting ‘‘, including a providers. eral funding exceeds State faith-based organization,’’ after ‘‘nonprofit Sec. 213. Local application. funding. organization’’; Sec. 214. Local administrative cost limits. Sec. 486. Grants to centers for independent (7) in paragraph (10) (as redesignated by Sec. 215. Administrative provisions. living in States in which State paragraph (1))— Sec. 216. National Institute for Literacy. funding equals or exceeds Fed- (A) in subparagraph (B), by striking ‘‘and’’ Sec. 217. National leadership activities. eral funding. after the semicolon; Sec. 218. Integrated English literacy and Sec. 487. Standards and assurances for cen- (B) in subparagraph (C)— civics education. ters for independent living. (i) by striking ‘‘for not less than 50 percent Sec. 219. Transition. Sec. 488. Centers for independent living au- of the cost of the training.’’ and inserting TITLE III—AMENDMENTS TO OTHER thorization of appropriations. ‘‘for— PROVISIONS OF LAW Sec. 489. Independent living services for ‘‘(i) a significant portion of the cost of Sec. 301. Wagner-Peyser Act. older individuals who are blind. training as determined by the local board,

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.075 S12PT1 S5116 CONGRESSIONAL RECORD — SENATE May 12, 2005 taking into account the size of the employer tion 102(a)(1), of the Higher Education Act of ‘‘(6) To allow flexibility to meet State, and such other factors as the local board de- 1965 (20 U.S.C. 1001(a), 1002(a)(1)).’’; local, regional, and individual workforce in- termines to be appropriate; and (13) in paragraph (30) (as redesignated by vestment needs. ‘‘(ii) in the case of customized training (as paragraph (1))— ‘‘(7) To recognize and reinforce the vital defined in subparagraphs (A) and (B)) with an (A) by redesignating subparagraphs (D) link between economic development and employer in multiple local areas in the through (F) as subparagraphs (E) through workforce investment activities. State, a significant portion of the cost of the (G), respectively; and ‘‘(8) To provide for accurate data collec- training, as determined by the Governor, (B) by inserting after subparagraph (C) the tion, reporting, and performance measures taking into account the size of the employer following: that are not unduly burdensome. and such other factors as the Governor de- ‘‘(D) receives or is eligible to receive a free ‘‘(9) To address the ongoing shortage of es- termines to be appropriate.’’; or reduced price lunch under the Richard B. sential skills in the United States workforce (8) in paragraph (11) (as redesignated by Russell National School Lunch Act (42 U.S.C. related to both manufacturing and knowl- paragraph (1))— 1751 et seq.);’’; edge-based economies to ensure that the (A) in subparagraph (A)(ii)(II), by striking (14) in paragraph (31) (as redesignated by United States remains competitive in the ‘‘section 134(c)’’ and inserting ‘‘section paragraph (1)), by inserting after ‘‘fields of global economy. 121(e)’’; work’’ the following: ‘‘, including occupa- ‘‘(10) To equip workers with higher skills (B) in subparagraph (C), by striking ‘‘or’’ tions in computer science and technology and contribute to lifelong education. after the semicolon; and other emerging high-skill occupations,’’; ‘‘(11) To eliminate training disincentives (C) in subparagraph (D), by striking the pe- (15) in paragraph (35) (as redesignated by for hard-to-serve populations and minority riod and inserting ‘‘; or’’; and paragraph (1)), by inserting ‘‘, subject to sec- workers, including effectively utilizing com- (D) by adding at the end the following: tion 121(b)(1)(C)’’ after ‘‘121(b)(1)’’; munity programs, services, and agencies. ‘‘(E)(i) is the spouse of a member of the (16) by striking paragraph (38) (as redesig- ‘‘(12) To educate limited English proficient Armed Forces on active duty for a period of nated by paragraph (1)) and inserting the fol- individuals about skills and language so the more than 30 days (as defined in section lowing: individuals are employable. 101(d)(2) of title 10, United States Code) who ‘‘(38) OUT-OF-SCHOOL YOUTH.—The term ‘‘(13) To increase the employment, reten- has experienced a loss of employment as a di- ‘out-of-school youth’ means an out-of-school tion and earnings of individuals with disabil- rect result of relocation to accommodate a youth as defined in section 129(a)(1)(B).’’; ities.’’. permanent change in duty station of such (17) by inserting after paragraph (46) (as re- designated by paragraph (1)) the following: SEC. 112. STATE WORKFORCE INVESTMENT member; or BOARDS. ‘‘(ii) is the spouse of a member of the ‘‘(47) SELF-SUFFICIENCY.—The term ‘self- Armed Forces on active duty who meets the sufficiency’ means self-sufficiency within the (a) MEMBERSHIP.— criteria described in paragraph (12)(B).’’; meaning of subsections (a)(3)(A)(x) and (1) IN GENERAL.—Section 111(b) (29 U.S.C. (9) in paragraph (12)(A) (as redesignated by (e)(1)(A)(xii) of section 134.’’; 2821(b)) is amended— paragraph (1))— (18) in paragraph (49) (as redesignated by (A) in paragraph (1), by striking subpara- (A) by striking ‘‘and’’ after the semicolon paragraph (1)), by striking ‘‘clause (iii) or (v) graph (C) and inserting the following: and inserting ‘‘or’’; of section 136(b)(3)(A)’’ and inserting ‘‘sec- ‘‘(C) representatives appointed by the Gov- (B) by striking ‘‘(A)’’ and inserting tion 136(b)(3)(A)(iii)’’; ernor, who— ‘‘(A)(i)’’; and (19) in paragraph (58) (as redesignated by ‘‘(i) are the lead State agency officials (C) by adding at the end the following: paragraph (1)), by striking ‘‘(or as described with responsibility for the programs and ac- ‘‘(ii) is the dependent spouse of a member in section 129(c)(5))’’ and inserting ‘‘(or as de- tivities that are described in section 121(b) of the Armed Forces on active duty for a pe- scribed in section 129(a)(2))’’; and and carried out by one-stop partners, except riod of more than 30 days (as defined in sec- (20) in paragraph (59) (as redesignated by that— tion 101(d)(2) of title 10, United States Code) paragraph (1)), by striking ‘‘established ‘‘(I) in any case in which no lead State whose family income is significantly reduced under section 117(h)’’ and inserting ‘‘that agency official has responsibility for such a because of a deployment (as defined in sec- may be established under section 117(h)(2)’’. program or activity, the representative shall tion 991(b) of title 10, United States Code, or Subtitle B—Statewide and Local Workforce be a representative in the State with exper- pursuant to paragraph (4) of such section), a Investment Systems tise relating to such program or activity; call or order to active duty pursuant to a SEC. 111. PURPOSE. and provision of law referred to in section Section 106 (29 U.S.C. 2811) is amended to ‘‘(II) in the case of the programs author- 101(a)(13)(B) of title 10, United States Code, a read as follows: ized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), the representative permanent change of station, or the service- ‘‘SEC. 106. PURPOSES. connected (as defined in section 101(16) of ‘‘The purposes of this subtitle are the fol- shall be the director of the designated State title 38, United States Code) death or dis- lowing: unit, as defined in section 7 of the Rehabili- ability of the member; and’’; ‘‘(1)(A) Primarily, to provide workforce in- tation Act of 1973 (29 U.S.C. 705); (10) in paragraph (14)(A) (as redesignated vestment activities, through statewide and ‘‘(ii) are the State agency officials respon- by paragraph (1)), by striking ‘‘section local workforce investment systems, that in- sible for economic development; 122(e)(3)’’ and inserting ‘‘section 122’’; crease the employment, retention, self-suffi- ‘‘(iii) are representatives of business in the (11) by inserting after paragraph (18) (as re- ciency, and earnings of participants, and in- State, including small businesses, who— designated by paragraph (1)) the following: crease occupational skill attainment by par- ‘‘(I) are owners of businesses, chief execu- tive or operating officers of businesses, or ‘‘(19) HARD-TO-SERVE POPULATIONS.—The ticipants. term ‘hard-to-serve populations’ means pop- ‘‘(B) As a result of the provision of the ac- other business executives or employers with ulations of individuals who are hard to serve, tivities, to improve the quality of the work- optimum policymaking or hiring authority; including displaced homemakers, low-income force, reduce welfare dependency, increase ‘‘(II) represent businesses with employ- individuals, Native Americans, individuals self-sufficiency, and enhance the produc- ment opportunities that reflect employment with disabilities, older individuals, ex-of- tivity and competitiveness of the Nation. opportunities in the State; and fenders, homeless individuals, individuals ‘‘(2) To enhance the workforce investment ‘‘(III) are appointed from among individ- with limited English proficiency, individuals system of the Nation by strengthening one- uals nominated by State business organiza- who do not meet the definition of literacy in stop centers, providing for more effective tions, business trade associations, and local section 203, individuals facing substantial governance arrangements, promoting access boards; cultural barriers, migrant and seasonal to a more comprehensive array of employ- ‘‘(iv) are chief elected officials (rep- farmworkers, individuals within 2 years of ment and training and related services, es- resenting cities and counties, where appro- exhausting lifetime eligibility under part A tablishing a targeted approach to serving priate); of title IV of the Social Security Act (42 youth, improving performance account- ‘‘(v) are representatives of labor organiza- U.S.C. 601 et seq.), single parents (including ability, and promoting State and local flexi- tions, who have been nominated by State single pregnant women), and such other bility. labor federations; and groups as the Governor determines to be ‘‘(3) To provide workforce investment ac- ‘‘(vi) are such other State agency officials hard to serve.’’; tivities in a manner that promotes the in- and other representatives as the Governor (12) by inserting after paragraph (20) (as re- formed choice of participants and actively may designate.’’; and designated by paragraph (1)) the following: involves participants in decisions affecting (B) in paragraph (3), by striking ‘‘para- graph (1)(C)(i)’’ and inserting ‘‘paragraph ‘‘(21) INTEGRATED TRAINING PROGRAM.—The their participation in such activities. term ‘integrated training program’ means a ‘‘(4) To provide workforce investment sys- (1)(C)(iii)’’. program that combines occupational skills tems that are demand-driven and responsive (2) CONFORMING AMENDMENT.—Section training with English language acquisition. to the needs of all employers, including 111(c) (29 U.S.C. 2821(c)) is amended by strik- ing ‘‘subsection (b)(1)(C)(i)’’ and inserting ‘‘(22) INSTITUTION OF HIGHER EDUCATION.— small employers. The term ‘institution of higher education’ ‘‘(5) To provide workforce investment sys- ‘‘subsection (b)(1)(C)(iii)’’. has the meaning given the term in section tems that work in all areas of the Nation, in- (b) FUNCTIONS.—Section 111(d) (29 U.S.C. 101(a), and subparagraphs (A) and (B) of sec- cluding urban and rural areas. 2821(d)) is amended—

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.075 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5117 (1) in paragraph (1), by striking ‘‘develop- (8) in paragraph (9) (as redesignated by disability insurance benefits), title XVI of ment’’ and inserting ‘‘development, imple- paragraph (4))— such Act (42 U.S.C. 1381 et seq.) (relating to mentation, and revision’’; (A) by striking ‘‘employment statistics supplemental security income), title XIX of (2) in paragraph (2)— system’’ and inserting ‘‘workforce and labor such Act (42 U.S.C. 1396 et seq.) (relating to (A) by striking ‘‘section 134(c)’’ and insert- market information system’’; and medicaid), and title XX of such Act (42 ing ‘‘section 121(e)’’; and (B) by striking ‘‘and’’ after the semicolon; U.S.C. 1397 et seq.) (relating to block grants (B) in subparagraph (A), by inserting after (9) in paragraph (10) (as redesignated by to States for social services), programs au- ‘‘section 121(b)’’ the following: ‘‘, including paragraph (4))— thorized under title VII of the Rehabilitation granting the authority for the State employ- (A) by inserting ‘‘section 136(i) and’’ before Act of 1973 (29 U.S.C. 796 et seq.), and pro- ment service under the Wagner-Peyser Act ‘‘section 503’’; and grams carried out by State agencies relating (29 U.S.C. 49 et seq.) to plan and coordinate (B) by striking the period and inserting ‘‘; to mental retardation and developmental employment and training activities with and’’; and disabilities; and’’; local boards’’; (10) by adding at the end the following: (2) by striking paragraph (10) and inserting (3) by striking paragraph (3) and inserting ‘‘(11) increasing the availability of skills the following: the following: training, employment opportunities, and ca- ‘‘(10) a description of how the State will ‘‘(3) reviewing and providing comment on reer advancement, for hard-to-serve popu- use funds the State received under this sub- the State plans of all one-stop partner pro- lations.’’. title to leverage other Federal, State, local, grams, where applicable, in order to provide (c) ALTERNATIVE ENTITY.—Section 111(e) (29 and private resources, in order to maximize effective strategic leadership in the develop- U.S.C. 2821(e)) is amended— the effectiveness of such resources, expand ment of a high quality, comprehensive state- (1) in paragraph (1), by striking ‘‘For’’ and resources for the provision of education and wide workforce investment system, includ- inserting ‘‘Subject to paragraph (3), for’’; and training services, and expand the participa- ing commenting at least once annually on (2) by adding at the end the following: tion of businesses, employees, and individ- the measures taken pursuant to section ‘‘(3) FAILURE TO MEET PERFORMANCE MEAS- uals in the statewide workforce investment 113(b)(3) of the Carl D. Perkins Vocational URES.—If a State fails to have performed suc- system, including a description of incentives and Technical Education Act of 1998 (20 cessfully, as defined in section 116(a)(2), the and technical assistance the State will pro- U.S.C. 2323(b)(3)) and title II of this Act;’’; Secretary may require the State to establish vide to local areas for such purposes;’’; (4) by redesignating paragraphs (4) through a State board in accordance with subsections (3) in paragraph (12)(A), by striking ‘‘sec- (9) as paragraphs (5) through (10), respec- (a), (b), and (c) in lieu of the alternative enti- tions 128(b)(3)(B) and 133(b)(3)(B)’’ and insert- tively; ty established under paragraph (1).’’. ing ‘‘sections 128(b)(3) and 133(b)(3)(B)’’; (5) by inserting after paragraph (3) the fol- (d) CONFLICT OF INTEREST.—Section (4) in paragraph (14), by striking ‘‘section lowing: 111(f)(1) (29 U.S.C. 2821(f)(1)) is amended by 134(c)’’ and inserting ‘‘section 121(e)’’; ‘‘(4) development and review of statewide inserting ‘‘or participate in action taken on’’ (5) in paragraph (15), by striking ‘‘section policies affecting the coordinated provision after ‘‘vote’’. 116(a)(5)’’ and inserting ‘‘section 116(a)(4)’’; of services through the one-stop delivery sys- (e) SUNSHINE PROVISION.—Section 111(g) (29 (6) in paragraph (17)— tem described in section 121(e) within the U.S.C. 2821(g)) is amended— (A) in subparagraph (A)— State, including— (1) by inserting ‘‘, and modifications to the (i) in clause (iii)— ‘‘(A) the development of objective criteria State plan,’’ before ‘‘prior’’; and (I) by inserting ‘‘local’’ before ‘‘customized and procedures for use by local boards in as- (2) by inserting ‘‘, and modifications to the training’’; and sessing the effectiveness and continuous im- State plan’’ after ‘‘the plan’’. (II) by striking ‘‘and’’ at the end; provement of one-stop centers under section (f) AUTHORITY TO HIRE STAFF.—Section 111 (ii) in clause (iv), by striking ‘‘(including 121(g); (29 U.S.C. 2821) is amended by adding at the displaced homemakers),’’ and all that fol- ‘‘(B) the development of guidance for the end the following: lows through ‘‘disabilities)’’ and inserting ‘‘, allocation of one-stop center infrastructure ‘‘(h) AUTHORITY TO HIRE STAFF.— hard-to-serve populations, and individuals funds under section 121(h)(1)(B); ‘‘(1) IN GENERAL.—The State board may training for nontraditional employment’’; ‘‘(C) the development of— hire staff to assist in carrying out the func- and ‘‘(i) statewide policies relating to the ap- tions described in subsection (d) using funds (iii) by adding after clause (iv) the fol- propriate roles and contributions of one-stop allocated under sections 127(b)(1)(C) and lowing: partner programs within the one-stop deliv- 132(b). ‘‘(v) how the State will serve the employ- ery system, including approaches to facili- ‘‘(2) LIMITATION ON RATE.—Funds appro- ment and training needs of individuals with tating equitable and efficient cost allocation priated under this title shall not be used to disabilities, consistent with section 188 and in the one-stop delivery system; pay staff employed by the State board, ei- Executive Order 13217 (42 U.S.C. 12131 note; ‘‘(ii) statewide strategies for providing ef- ther as a direct cost or through any prora- relating to community-based alternatives fective outreach to individuals, including tion as an indirect cost, at a rate in excess for individuals with disabilities), including hard-to-serve populations, and employers of the maximum rate payable for a position the provision of outreach, intake, the con- who could benefit from services provided at GS–15 of the General Schedule as in effect duct of assessments, service delivery, the de- through the one-stop delivery system; on the date of enactment of the Workforce velopment of adjustments to performance ‘‘(iii) strategies for technology improve- Investment Act Amendments of 2005.’’. measures established under section 136, and ments to facilitate access to services pro- SEC. 113. STATE PLAN. the training of staff; and’’; and vided through the one-stop delivery system, (a) PLANNING CYCLE.—Section 112(a) (29 (B) in subparagraph (B), by striking ‘‘and’’ in remote areas, and for individuals with dis- U.S.C. 2822(a)) is amended— at the end; abilities, which may be utilized throughout (1) by inserting ‘‘, or a State unified plan (7) in paragraph (18)(D)— the State; and as described in section 501,’’ before ‘‘that (A) by striking ‘‘youth opportunity grants ‘‘(iv) strategies for the effective coordina- outlines’’; under section 169’’ and inserting ‘‘youth tion of activities between the one-stop deliv- (2) by striking ‘‘5-year strategy’’ and in- challenge grants authorized under section ery system of the State and the State em- serting ‘‘4-year strategy’’; and 169 and other federally funded youth pro- ployment service under the Wagner-Peyser (3) by adding at the end the following: ‘‘At grams’’; and Act (29 U.S.C. 49 et seq.); the end of the first 2-year period of the 4- (B) by striking the period and inserting a ‘‘(D) identification and dissemination of year State plan, the State board shall review semicolon; and information on best practices for effective and, as needed, amend the 4-year State plan (8) by adding at the end the following: operation of one-stop centers, including use to reflect labor market and economic condi- ‘‘(19) a description of how the State will of innovative business outreach, partner- tions. In addition, the State shall submit a utilize technology to facilitate access to ships, and service delivery strategies, includ- modification to the State plan at the end of services in remote areas, which may be uti- ing for hard-to-serve populations; and the first 2-year period of the State plan, lized throughout the State; ‘‘(E) conduct of such other matters as may which may include redesignation of local ‘‘(20) a description of the State strategy for promote statewide objectives for, and en- areas pursuant to section 116(a) and speci- coordinating workforce investment activi- hance the performance of, the one-stop deliv- fication of the levels of performance under ties and economic development activities, ery system;’’; sections 136 for the third and fourth years of and promoting entrepreneurial skills train- (6) in paragraph (5) (as redesignated by the plan.’’. ing and microenterprise services; paragraph (4)), by inserting ‘‘and the devel- (b) CONTENTS.—Section 112(b) (29 U.S.C. ‘‘(21) a description of the State strategy opment of statewide criteria to be used by 2822(b)) is amended— and assistance to be provided for ensuring re- chief elected officials for the appointment of (1) in paragraph (8)(A)— gional cooperation within the State and local boards consistent with section 117’’ (A) in clause (ix), by striking ‘‘and’’ after across State borders as appropriate; after ‘‘section 116’’; the semicolon; and ‘‘(22) a description of how the State will (7) in paragraph (6) (as redesignated by (B) by adding at the end the following: use funds the State receives under this sub- paragraph (4)), by striking ‘‘sections ‘‘(xi) programs authorized under title II of title to— 128(b)(3)(B) and 133(b)(3)(B)’’ and inserting the Social Security Act (42 U.S.C. 401 et seq.) ‘‘(A) implement innovative programs and ‘‘sections 128(b)(3) and 133(b)(3)(B)’’; (relating to Federal old-age, survivors, and strategies designed to meet the needs of all

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.075 S12PT1 S5118 CONGRESSIONAL RECORD — SENATE May 12, 2005 businesses in the State, including small busi- (B) in subparagraph (B), by adding at the (i) by striking ‘‘under paragraph (2) or (3)’’ nesses, which may include incumbent worker end the following: and inserting ‘‘under paragraph (2)’’; and training programs, sectoral and industry ‘‘(vi) The extent to which such local areas (ii) by striking the second sentence. cluster strategies, regional skills alliances, will promote maximum effectiveness in the (b) SINGLE LOCAL AREA STATES.—Section career ladder programs, utilization of effec- administration and provision of services.’’. 116(b) (29 U.S.C. 2831(b)) is amended to read tive business intermediaries, and other busi- (2) AUTOMATIC DESIGNATION.—Section as follows: ness services and strategies that better en- 116(a)(2) (29 U.S.C. 2831(a)(2)) is amended to ‘‘(b) SINGLE LOCAL AREA STATES.— gage employers in workforce investment ac- read as follows: ‘‘(1) CONTINUATION OF PREVIOUS DESIGNA- TION.—Notwithstanding subsection (a)(2), the tivities and make the statewide workforce ‘‘(2) AUTOMATIC DESIGNATION.— Governor of any State that was a single local investment system more relevant to the ‘‘(A) IN GENERAL.—The Governor shall ap- area for purposes of this title as of July 1, needs of State and local businesses, con- prove a request for designation as a local 2004, may continue to designate the State as sistent with the objectives of this title; and area that is submitted prior to the submis- a single local area for purposes of this title ‘‘(B) provide incentives and technical as- sion of the State plan, or of a modification if the Governor identifies the State as a local sistance to assist local areas in more fully to the State plan relating to area designa- area in the State plan under section 112(b)(5). engaging all employers, including small em- tion, from any area that— ‘‘(2) REDESIGNATION.—The Governor of a ployers, in local workforce investment ac- ‘‘(i) is a unit of general local government tivities, to make the workforce investment State not described in paragraph (1) may des- with a population of 500,000 or more, except ignate the State as a single local area if, system more relevant to the needs of area that after the initial 2-year period following businesses, and to better coordinate work- prior to the submission of the State plan or such designation pursuant to this clause force investment and economic development modification to such plan so designating the that occurs after the date of enactment of efforts to contribute to the economic well- State, no local area meeting the require- the Workforce Investment Act Amendments being of the local area, as determined appro- ments for automatic designation under sub- of 2005, the Governor shall only be required priate by the local board; section (a)(2) requests such designation as a to approve a request for designation from ‘‘(23) a description of the State strategy— separate local area. such area if such area— ‘‘(A) for ensuring cooperation between ‘‘(3) EFFECT ON LOCAL PLAN.—In any case in ‘‘(I) performed successfully; and transportation providers, including public which a State is designated as a local area transportation providers, and providers of ‘‘(II) sustained fiscal integrity; pursuant to this subsection, the local plan workforce investment activities; and ‘‘(ii) was a local area under this title for prepared under section 118 for the area shall ‘‘(B) for ensuring coordination among ap- the preceding 2-year period, if such local be submitted to the Secretary for approval propriate State agencies and programs to area— as part of the State plan under section 112.’’. make available skills training, employment ‘‘(I) performed successfully; and (c) REGIONAL PLANNING.—Section 116(c) (29 services and opportunities, and career ad- ‘‘(II) sustained fiscal integrity; U.S.C. 2831(c)) is amended— vancement activities, that will assist ex-of- ‘‘(iii) is served by a rural concentrated em- (1) by striking paragraph (1) and inserting fenders in reentering the workforce; ployment program grant recipient, except the following: ‘‘(24) a description of how the State will as- that after the initial 2-year period following ‘‘(1) PLANNING.— sist local areas in assuring physical and pro- any such designation under the initial State ‘‘(A) IN GENERAL.—As part of the process grammatic accessibility for individuals with plan submitted after the date of enactment for developing the State plan, a State may disabilities at one-stop centers; of the Workforce Investment Act Amend- require regional planning by local boards for ‘‘(25) a description of the process and meth- ments of 2005, the Governor shall only be re- a designated region in the State. The State odology that will be used by the State board quired to approve a request for designation may require the local boards for a designated to— under this clause for such area if such area— region to participate in a regional planning ‘‘(A) review statewide policies and provide ‘‘(I) performed successfully; and process that results in the establishment of guidance on the coordinated provision of ‘‘(II) sustained fiscal integrity; or regional performance measures for work- services through the one-stop delivery sys- ‘‘(iv) was a local area under section force investment activities authorized under tem described in section 121(e); 116(a)(2)(C) (as in effect on the day before the this subtitle. The State, after consultation ‘‘(B) establish, in consultation with chief date of enactment of the Workforce Invest- with local boards and chief elected officials, elected officials and local boards, objective ment Act Amendments of 2005), except that may require the local boards for the des- criteria and procedures for use by local after the initial 2-year period following such ignated region to prepare, submit, and ob- boards in periodically assessing the effec- designation pursuant to this clause that oc- tain approval of a single regional plan that tiveness, physical and programmatic accessi- curs after that date of enactment, the Gov- incorporates local plans for each of the local bility, and continuous improvement of one- ernor shall only be required to approve a re- areas in the region, as required under section stop centers and the one-stop delivery sys- quest for designation under this clause for 118. The State may award regional incentive tem as described in section 121(g); and such area if such area— grants to the designated regions that meet ‘‘(C) determine— ‘‘(I) performed successfully; and or exceed the regional performance measures ‘‘(i) one-stop partner program contribu- ‘‘(II) sustained fiscal integrity. pursuant to section 134(a)(2)(B)(iii). tions for the costs of the infrastructure of ‘‘(B) DEFINITIONS.—For purposes of this ‘‘(B) TECHNICAL ASSISTANCE.—If the State one-stop centers under section 121(h)(2); and paragraph: requires regional planning as provided in ‘‘(ii) the formula for allocating the funds ‘‘(i) PERFORMED SUCCESSFULLY.—The term subparagraph (A), the State shall provide described in section 121(h)(2) to local areas; ‘performed successfully’, when used with re- technical assistance and labor market infor- ‘‘(26) a description of the State strategy for spect to a local area, means the local area mation to such local areas in the designated ensuring that activities carried out under performed at 80 percent or more of the ad- regions to assist with such regional planning this title are placing men and women in jobs, justed level of performance for core indica- and subsequent service delivery efforts.’’; education, or training that lead to com- tors of performance described in section (2) in paragraph (2), by inserting ‘‘informa- parable pay; and 136(b)(2)(A) for 2 consecutive years. tion about the skill requirements of existing ‘‘(27) a description of the technical assist- ‘‘(ii) SUSTAINED FISCAL INTEGRITY.—The and emerging industries and industry clus- ance available to one-stop operators and pro- term ‘sustained fiscal integrity’, used with ters,’’ after ‘‘information about employment viders of training services for strategies to respect to an area, means that the Secretary opportunities and trends,’’; and serve hard-to-serve populations and promote has not made a formal determination during (3) in paragraph (3), by adding at the end placement in nontraditional employment.’’. the preceding 2-year period that either the the following: ‘‘Such services may be re- (c) MODIFICATIONS TO PLAN.—Section 112(d) grant recipient or the administrative entity quired to be coordinated with regional eco- (29 U.S.C. 2822(d)) is amended— of the area misexpended funds provided nomic development services and strategies.’’. (1) by striking ‘‘5-year period’’ and insert- under this title due to willful disregard of SEC. 115. LOCAL WORKFORCE INVESTMENT ing ‘‘4-year period’’; and the requirements of the Act involved, gross BOARDS. (2) by adding at the end the following: ‘‘In negligence, or failure to comply with accept- (a) COMPOSITION.—Section 117(b) (29 U.S.C. addition, the State shall submit the modi- ed standards of administration.’’. 2832(b)) is amended— fications to the State plan required under (3) CONFORMING AMENDMENTS.—Section (1) in paragraph (2)(A)— subsection (a), under circumstances pre- 116(a) (29 U.S.C. 2831(a)) is amended— (A) in clause (i), by striking subclause (II) scribed by the Secretary that are due to (A) by striking paragraph (3); and inserting the following: changes in Federal law that significantly af- (B) by redesignating paragraphs (4) and (5) ‘‘(II) collectively, represent businesses fect elements of the State plan.’’. as paragraph (3) and (4), respectively; with employment opportunities that reflect SEC. 114. LOCAL WORKFORCE INVESTMENT (C) in paragraph (3) (as redesignated by the employment opportunities of the local AREAS. subparagraph (B))— area, and include representatives of busi- (a) DESIGNATION OF AREAS.— (i) by striking ‘‘(including temporary des- nesses that are in high-growth and emerging (1) CONSIDERATIONS.—Section 116(a)(1) (29 ignation)’’; and industries, and representatives of businesses, U.S.C. 2831(a)(1)) is amended— (ii) by striking ‘‘(v)’’ and inserting ‘‘(vi)’’; including small businesses, in the local area; (A) in subparagraph (A), by striking ‘‘para- and and’’; graphs (2), (3), and (4)’’ and inserting ‘‘para- (D) in paragraph (4) (as redesignated by (B) by striking clause (ii) and inserting the graphs (2) and (3)’’; and subparagraph (B))— following:

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‘‘(ii)(I) a superintendent representing the (A) by striking ‘‘EMPLOYMENT STATISTICS (3) by redesignating paragraph (10) as para- local school districts involved or another SYSTEM’’ and inserting ‘‘WORKFORCE AND graph (16); and high-level official from such districts; LABOR MARKET INFORMATION SYSTEM’’; and (4) by inserting after paragraph (9) the fol- ‘‘(II) the president or highest ranking offi- (B) by striking ‘‘employment statistics lowing: cial of an institution of higher education system’’ and inserting ‘‘workforce and labor ‘‘(10) a description of how the local board participating in the workforce investment market information system’’; will coordinate workforce investment activi- activities in the local area; and (5) in paragraph (8)— ties carried out in the local area with eco- ‘‘(III) an administrator of local entities (A) by inserting ‘‘, including small employ- nomic development activities carried out in providing adult education and literacy ac- ers,’’ after ‘‘private sector employers’’; and the local area, and promote entrepreneurial tivities in the local area;’’; (B) by striking the period and inserting ‘‘, skills training and microenterprise services; (C) in clause (iv), by inserting ‘‘, hard-to- taking into account the unique needs of ‘‘(11) a description of the strategies and serve populations,’’ after ‘‘disabilities’’; small businesses.’’; and services that will be initiated in the local (D) in clause (v), by striking ‘‘and’’ at the (6) by adding at the end the following: area to more fully engage all employers, in- end; and ‘‘(9) TECHNOLOGY IMPROVEMENTS.—The cluding small employers, in workforce in- (E) by striking clause (vi) and inserting the local board shall develop strategies for tech- vestment activities, to make the workforce following: nology improvements to facilitate access to investment system more relevant to the ‘‘(vi) a representative from the State em- services, in remote areas, for services au- needs of area businesses, and to better co- ployment service under the Wagner-Peyser thorized under this subtitle and carried out ordinate workforce investment and economic Act (29 U.S.C. 49 et seq.) who is serving the in the local area.’’. development efforts, which may include the local area; and (e) CONFORMING AMENDMENT.—Section implementation of innovative initiatives ‘‘(vii) if the local board does not establish 117(f)(2) (29 U.S.C. 2832(f)(2)) is amended by such as incumbent worker training pro- or continue a youth council, representatives striking ‘‘described in section 134(c)’’. grams, sectoral and industry cluster strate- with experience serving out-of-school youth, (f) CONFLICT OF INTEREST.—Section gies, regional skills alliance initiatives, ca- particularly out-of-school youth facing bar- 117(g)(1) (29 U.S.C. 2832(g)(1)) is amended by reer ladder programs, utilization of effective riers to employment; and’’; and inserting ‘‘or participate in action taken on’’ business intermediaries, and other business (2) by adding at the end the following: after ‘‘vote.’’ services and strategies designed to meet the ‘‘(6) SPECIAL RULE.—In the case that there (g) AUTHORITY TO ESTABLISH COUNCILS AND needs of area employers and contribute to are multiple school districts or institutions ELIMINATION OF REQUIREMENT FOR YOUTH the economic well-being of the local area, as of higher education serving a local area, the COUNCILS.—Section 117(h) (29 U.S.C. 2832(h)) determined appropriate by the local board, representatives described in subclause (I) or is amended to read as follows: consistent with the objectives of this title; ‘‘(12) a description of how the local board (II) of paragraph (2)(A)(ii), respectively, shall ‘‘(h) COUNCILS.—The local board may estab- be appointed from among individuals nomi- lish or continue councils to provide informa- will expand access to education and training nated by regional or local educational agen- tion and advice to assist the local board in services for eligible individuals who are in cies, institutions, or organizations rep- carrying out activities under this title. Such need of such services through— resenting such agencies or institutions.’’. councils may include— ‘‘(A) the utilization of programs funded ‘‘(1) a council composed of one-stop part- under this title; and (b) AUTHORITY OF BOARD MEMBERS.—Sec- ‘‘(B) the increased leveraging of resources ners to advise the local board on the oper- tion 117(b)(3) (29 U.S.C. 2832(b)(3)) is amend- other than those provided under this title, ation of the one-stop delivery system in- ed— including tax credits, private sector-provided volved; (1) in the heading, by inserting ‘‘AND REP- training, and other Federal, State, local, and ‘‘(2) a youth council composed of experts RESENTATION’’ after ‘‘AUTHORITY’’; and private funds that are brokered through the and stakeholders in youth programs to ad- (2) by adding at the end the following: one-stop centers for training services; vise the local board on youth activities; and ‘‘The members of the board shall represent ‘‘(13) a description of how the local board ‘‘(3) such other councils as the local board diverse geographic sections within the local will coordinate workforce investment activi- determines are appropriate.’’. area.’’. ties carried out in the local area with the (h) ALTERNATIVE ENTITY PROVISION.—Sec- provision of transportation, including public (c) CONFORMING AMENDMENT.—Section tion 117(i)(1) (29 U.S.C. 2832(i)(1)) is amend- transportation, in the local area; 117(c)(1)(C) (29 U.S.C. 2832(c)(1)(C)) is amend- ed— ed by striking ‘‘section 116(a)(2)(B)’’ and in- ‘‘(14) a description of plans for, assurances (1) in the matter preceding subparagraph concerning, and strategies for maximizing serting ‘‘section 116(a)(2)(A)(ii)’’. (A), by striking ‘‘and paragraphs (1) and (2) coordination of services provided by the (d) FUNCTIONS.—Section 117(d) (29 U.S.C. of subsection (h),’’; State employment service under the Wagner- 2832(d)) is amended— (2) by striking subparagraph (B) and insert- Peyser Act (29 U.S.C. 49 et seq.) and services (1) in paragraph (2)— ing the following: provided in the local area through the one- (A) in subparagraph (B)— ‘‘(B) was in existence on August 7, 1998, stop delivery system described in section (i) by inserting ‘‘(except as provided in sec- pursuant to State law; and’’; 121(e), to improve service delivery and avoid tion 123(b))’’ after ‘‘basis’’; and (3) by striking subparagraph (C); and duplication of services; (ii) by inserting ‘‘(where appropriate)’’ (4) by redesignating subparagraph (D) as ‘‘(15) a description of how the local board after ‘‘youth council’’; and subparagraph (C). will coordinate workforce investment activi- (B) by adding at the end the following: SEC. 116. LOCAL PLAN. ties carried out in the local area with other ‘‘(E) CONSUMER CHOICE REQUIREMENTS.— (a) PLANNING CYCLE.—Section 118(a) (29 Federal, State, and local area education, job Consistent with sections 122 and paragraphs U.S.C. 2833(a)) is amended— training, and economic development pro- (3) and (4) of 134(d), the local board shall (1) by striking ‘‘5-year’’ and inserting ‘‘4- grams and activities; and’’. work to ensure there are sufficient providers year’’; and SEC. 117. ESTABLISHMENT OF ONE-STOP DELIV- of intensive services and training services (2) by adding at the end the following: ‘‘At ERY SYSTEMS. serving the local area in a manner that the end of the first 2-year period of the 4- (a) ONE-STOP PARTNERS.— maximizes consumer choice, including pro- year plan, the local board shall review and, (1) REQUIRED PARTNERS.—Section 121(b)(1) viders with expertise in assisting individuals as needed, amend the 4-year plan to reflect (29 U.S.C. 2841(b)(1)) is amended— with disabilities.’’; labor market and economic conditions.’’. (A) by striking subparagraph (A) and in- (2) in paragraph (3)(B), by striking clause (b) CONTENTS.—Section 118(b) (29 U.S.C. serting the following: (ii) and inserting the following: 2833(b)) is amended— ‘‘(A) ROLES AND RESPONSIBILITIES OF ONE- ‘‘(ii) STAFF.— (1) in paragraph (2)— STOP PARTNERS.—Each entity that carries ‘‘(I) IN GENERAL.—The local board may hire (A) in subparagraph (A), by striking ‘‘and’’ out a program or activities described in sub- staff. after the semicolon; paragraph (B) shall— ‘‘(II) LIMITATION ON RATE.—Funds appro- (B) by striking subparagraph (B) and in- ‘‘(i) provide access through the one-stop priated under this title shall not be used to serting the following: delivery system to the programs and activi- pay staff employed by the local board, either ‘‘(B) a description of how the local board ties carried out by the entity, including as a direct cost or through any proration as will facilitate access to services provided making the core services described in section an indirect cost, at a rate in excess of the through the one-stop delivery system in- 134(d)(2) that are applicable to the program maximum rate payable for a position at GS– volved, in remote areas, including facili- of the entity available at the one-stop cen- 15 of the General Schedule, as in effect on tating access through the use of technology; ters (in addition to any other appropriate lo- the date of enactment of the Workforce In- and’’; and cations); vestment Act Amendments of 2005.’’; (C) by adding at the end the following: ‘‘(ii) use a portion of the funds available to (3) in paragraph (4), by inserting ‘‘, and ‘‘(C) a description of how the local board the program of the entity to maintain the shall ensure the appropriate use and manage- will ensure physical and programmatic ac- one-stop delivery system, including payment ment of the funds provided under this sub- cessibility for individuals with disabilities at of the infrastructure costs of one-stop cen- title for such programs, activities, and sys- one-stop centers;’’; ters in accordance with subsection (h); tem’’ after ‘‘area’’; (2) in paragraph (9), by striking ‘‘; and’’ and ‘‘(iii) enter into a local memorandum of (4) in paragraph (6)— inserting a semicolon; understanding with the local board relating

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.075 S12PT1 S5120 CONGRESSIONAL RECORD — SENATE May 12, 2005 to the operation of the one-stop system that ‘‘(iii) methods of referral of individuals be- higher standards to respond to local labor meets the requirements of subsection (c); tween the one-stop operator and the one-stop market and demographic conditions and ‘‘(iv) participate in the operation of the partners for appropriate services and activi- trends. one-stop system consistent with the terms of ties; ‘‘(h) FUNDING OF ONE-STOP INFRASTRUC- the memorandum of understanding, the re- ‘‘(iv) methods to ensure the needs of hard- TURE.— quirements of this title, and the require- to-serve populations are addressed in pro- ‘‘(1) IN GENERAL.— ments of the Federal laws authorizing the viding access to services through the one- ‘‘(A) OPTIONS FOR INFRASTRUCTURE FUND- programs carried out by the entity; and stop system; and ING.— ‘‘(v) provide representation on the State ‘‘(v) the duration of the memorandum of ‘‘(i) LOCAL OPTIONS.—The local board, chief board to the extent provided under section understanding and the procedures for amend- elected officials, and one-stop partners in a 111.’’; ing the memorandum during the term of the local area may choose to fund the costs of (B) in subparagraph (B)— memorandum, and assurances that such the infrastructure of one-stop centers (i) by striking clause (v); memorandum shall be reviewed not less than through— (ii) by redesignating clauses (vi) through once every 2-year period to ensure appro- ‘‘(I) methods described in the local memo- (xii) as clauses (v) through (xi), respectively; priate funding and delivery of services; and’’. randum of understanding, if, the local board, (iii) in clause (x) (as redesignated by clause (c) CONFORMING AMENDMENT.—Section chief elected officials, and one-stop partners (ii)), by striking ‘‘and’’ at the end; 121(d)(2) (29 U.S.C. 2841(d)(2)) is amended by agree to such methods; or (iv) in clause (xi) (as redesignated by striking ‘‘section 134(c)’’ and inserting ‘‘sec- ‘‘(II) the State infrastructure funding clause (ii)), by striking the period and insert- tion 121(e)’’. mechanism described in paragraph (2). (d) PROVISION OF SERVICES.— ing ‘‘; and’’; and ‘‘(ii) FAILURE TO REACH AGREEMENT ON (1) ELIMINATION OF PROVISIONS CONCERNING (v) by adding at the end the following: FUNDING METHODS.—If, as of July 1, 2006, the ESTABLISHED SYSTEMS.—Section 121 (29 U.S.C. ‘‘(xii) programs authorized under part A of local board, chief elected officials, and one- 2841) is amended by striking subsection (e). title IV of the Social Security Act (42 U.S.C. stop partners in a local area fail to reach (2) REDESIGNATION.—Subtitle B of title I is 601 et seq.), subject to subparagraph (C).’’; agreement on methods of sufficient funding amended— and of the infrastructure costs of one-stop cen- (A) in section 134 (29 U.S.C. 2864), by redes- (C) by adding at the end the following: ters, as determined by the local area, the ignating subsection (c) as subsection (e); and State infrastructure funding mechanism de- ‘‘(C) DETERMINATION BY THE GOVERNOR.— (B) by transferring that subsection (e) so scribed in paragraph (2) shall be applicable ‘‘(i) IN GENERAL.—An entity that carries that the subsection appears after subsection to such local area. out programs referred to in subparagraph (d) of section 121. ‘‘(B) GUIDANCE FOR INFRASTRUCTURE FUND- (B)(xii) shall be included in the one-stop (3) ONE-STOP DELIVERY SYSTEMS.—Para- ING.—In addition to carrying out the require- partners for the local area, as a required graph (1) of section 121(e) (29 U.S.C. 2841(e)) ments relating to the State mechanism for partner, for purposes of this title unless the (as redesignated by paragraph (2)) is amend- one-stop center infrastructure funding de- Governor of the State provides the notifica- ed— scribed in paragraph (2), the Governor, after tion described in clause (ii). (A) in subparagraph (A), by striking ‘‘sub- consultation with chief local elected offi- ‘‘(ii) NOTIFICATION.—The notification re- section (d)(2)’’ and inserting ‘‘section cials, local boards, and the State board, and ferred to in clause (i) is a notification that— 134(d)(2)’’; consistent with the guidelines provided by ‘‘(I) is made in writing of a determination (B) in subparagraph (B)— the State board under subsection (i), shall by the Governor not to include such entity (i) by striking ‘‘subsection (d)’’ and insert- provide— in the one-stop partners described in clause ing ‘‘section 134(d)’’; ‘‘(i) guidelines for State administered one- (i); and (ii) by striking ‘‘individual training ac- stop partner programs in determining such ‘‘(II) is provided to the Secretary and the counts’’ and inserting ‘‘career scholarship programs’ contributions to and participation Secretary of Health and Human Services.’’. accounts’’; and in the one-stop delivery system, including (2) ADDITIONAL PARTNERS.— (iii) by striking ‘‘subsection (d)(4)(G)’’ and funding for the costs of infrastructure as de- (A) IN GENERAL.—Section 121(b)(2)(A) (29 inserting ‘‘section 134(d)(4)(G)’’; fined in paragraph (2)(D), negotiated pursu- U.S.C. 2841(b)(2)(A)) is amended to read as (C) in subparagraph (C), by striking ‘‘sub- ant to the local memorandum of under- follows: section (e)’’ and inserting ‘‘section 134(e)’’; standing under subsection (c); and ‘‘(A) IN GENERAL.—With the approval of the (D) in subparagraph (D), by striking ‘‘sec- ‘‘(ii) guidance to assist local areas in iden- local board and chief elected official, in addi- tion 121(b)’’ and inserting ‘‘subsection (b)’’; tifying equitable and stable alternative tion to the entities described in paragraph and methods of funding of the costs of the infra- (1), other entities that carry out human re- (E) in subparagraph (E), by striking ‘‘infor- structure of one-stop centers in local areas. source programs described in subparagraph mation described in section 15’’ and inserting ‘‘(2) STATE ONE-STOP INFRASTRUCTURE (B) may be one-stop partners and carry out ‘‘data, information, and analysis described in FUNDING.— the responsibilities described in paragraph section 15(a)’’. ‘‘(A) PARTNER CONTRIBUTIONS.— (1)(A).’’. (e) CONTINUOUS IMPROVEMENT OF ONE-STOP ‘‘(i) IN GENERAL.—Subject to clause (iii), a (B) ADDITIONAL PARTNERS.—Section CENTERS.—Section 121 (29 U.S.C. 2841) is portion determined under clause (ii) of the 121(b)(2)(B) (29 U.S.C. 2841(b)(2)(B)) is amend- amended by adding at the end the following: Federal funds provided to the State and ed by striking clauses (i) through (iii) and in- ‘‘(g) CONTINUOUS IMPROVEMENT OF ONE- areas within the State under the Federal serting the following: STOP CENTERS.— laws authorizing the programs described in ‘‘(i) employment and training programs ad- ‘‘(1) IN GENERAL.—The State board, in con- subsection (b)(1) and administered by one- ministered by the Social Security Adminis- sultation with chief local elected officials stop partners for a fiscal year shall be pro- tration, including the Ticket to Work and and local boards, shall establish objective vided to the Governor from such programs to Self-Sufficiency program established under criteria and procedures for use by local assist in paying the costs of infrastructure of section 1148 of the Social Security Act (42 boards in periodically assessing the effec- one-stop centers in those local areas of the U.S.C. 1320b–19); tiveness, physical and programmatic accessi- State not funded under the option described ‘‘(ii) employment and training programs bility, and continuous improvement of one- in paragraph (1)(A)(i)(I). carried out by the Small Business Adminis- stop centers and the one-stop delivery sys- ‘‘(ii) DETERMINATION OF GOVERNOR.— tration; tem. ‘‘(I) IN GENERAL.—Subject to subclause (II) ‘‘(iii) programs authorized under section ‘‘(2) CRITERIA.—The procedures and criteria and clause (iii), the Governor, after consulta- 6(d)(4) of the Food Stamp Act of 1977 (7 developed under this subsection shall include tion with chief local elected officials, local U.S.C. 2015(d)(4));’’. minimum standards relating to the scope boards, and the State board, shall determine (b) LOCAL MEMORANDUM OF UNDER- and degree of service coordination achieved the portion of funds to be provided under STANDING.—Section 121(c)(2)(A) (29 U.S.C. by the one-stop delivery system with respect clause (i) by each one-stop partner from each 2841(c)(2)(A)) is amended to read as follows: to the programs administered by the one- program described in clause (i). In making ‘‘(A) provisions describing— stop partners at the one-stop centers, con- such determination, the Governor shall cal- ‘‘(i) the services to be provided through the sistent with the guidelines and guidance pro- culate the proportionate use of the one-stop one-stop delivery system consistent with the vided by the Governor and by the State centers for the purpose of determining fund- requirements of this section, including the board, in consultation with the chief elected ing contributions pursuant to clause (i)(II) or manner in which the services will be coordi- official and local boards, for such partners’ (ii) of paragraph (1)(A) by each partner, and nated through such system; participation under subsections (h)(1)(B) and the costs of administration for purposes not ‘‘(ii) how the costs of such services and the subsection (i), respectively, and such other related to one-stop centers for each partner. operating costs of such system will be fund- factors relating to the quality, accessibility, The Governor shall exclude from such deter- ed, through cash and in-kind contributions, and effectiveness of the one-stop delivery mination the portion of funds and use of one- to provide a stable and equitable funding system as the State board determines to be stop centers attributable to the programs of stream for ongoing one-stop system oper- appropriate. one-stop partners for those local areas of the ations, including the funding of the infra- ‘‘(3) LOCAL BOARDS.—Consistent with the State where the infrastructure of one-stop structure costs of one-stop centers in accord- criteria developed by the State, the local centers is funded under the option described ance with subsection (h); board may develop additional criteria of in paragraph (1)(A)(i)(I).

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‘‘(II) SPECIAL RULE.—In a State in which ‘‘(DD) 1.5 percent of the amount provided randum of understanding under subsection the State constitution places policymaking for such program in the State for the fifth (c) for the one-stop center and shall be stated authority that is independent of the author- and each succeeding program year that be- in the memorandum. The State board shall ity of the Governor in an entity or official gins after such date. provide guidance to facilitate the determina- with respect to the funds provided for adult ‘‘(III) FEDERAL DIRECT SPENDING PRO- tion of an appropriate allocation of the funds education and literacy activities authorized GRAMS.—An entity administering a program and noncash resources in local areas.’’. funded with direct spending as defined in sec- under title II and for postsecondary voca- SEC. 118. ELIGIBLE PROVIDERS OF TRAINING tional and technical education activities au- tion 250(c)(8) of the Balanced Budget and SERVICES. thorized under the Carl D. Perkins Voca- Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(8)) shall not be required to pro- Section 122 (29 U.S.C. 2842) is amended to tional and Technical Education Act of 1998 read as follows: (20 U.S.C. 2301 et seq.), or vocational reha- vide, for purposes of this paragraph, an bilitation services offered under the Reha- amount in excess of the amount determined ‘‘SEC. 122. IDENTIFICATION OF ELIGIBLE PRO- bilitation Act of 1973 (29 U.S.C. 701 et seq.), to be equivalent to the cost of the propor- VIDERS OF TRAINING SERVICES. the determination described in subclause (I) tionate use of the one-stop centers for such ‘‘(a) ELIGIBILITY.— with respect to the programs authorized program in the State. ‘‘(1) IN GENERAL.—The Governor, after con- under that title and those Acts shall be made ‘‘(IV) NATIVE AMERICAN PROGRAMS.—Native sultation with the State board, shall estab- by the chief officer of the entity with such American programs established under sec- lish criteria and procedures regarding the authority in consultation with the Governor. tion 166 shall not be subject to the provisions eligibility of providers of training services of this subsection or subsection (i). The ‘‘(III) APPEAL BY ONE-STOP PARTNERS.—The described in section 134(d)(4) (referred to in method for determining the appropriate por- Governor shall establish a procedure for the this section as ‘training services’) to receive tion of funds to be provided by such Native one-stop partner administering a program funds provided under section 133(b) for the American programs to pay for the costs of described in subsection (b) to appeal a deter- provision of training services. infrastructure of a one-stop center shall be mination regarding the portion of funds to ‘‘(2) PROVIDERS.—Subject to the provisions determined as part of the development of the be contributed under this paragraph on the of this section, to be eligible to receive the memorandum of understanding under sub- basis that such determination is inconsistent funds provided under section 133(b) for the section (c) for the one-stop center and shall provision of training services, the provider with the criteria described in the State plan be stated in the memorandum. or with the requirements of this paragraph. shall be— ‘‘(B) ALLOCATION BY GOVERNOR.—From the Such procedure shall ensure prompt resolu- ‘‘(A) a postsecondary educational institu- funds provided under subparagraph (A), the tion that— tion of the appeal. Governor shall allocate the funds to local ‘‘(iii) LIMITATIONS.— ‘‘(i) is eligible to receive Federal funds areas in accordance with the formula estab- under title IV of the Higher Education Act of ‘‘(I) PROVISION FROM ADMINISTRATIVE lished under subparagraph (C) for the pur- 1965 (20 U.S.C. 1070 et seq.); and FUNDS.—The funds provided under this para- poses of assisting in paying the costs of in- ‘‘(ii) provides a program that leads to an graph by each one-stop partner shall be pro- frastructure of one-stop centers. associate degree, baccalaureate degree, or in- vided only from funds available for the costs ‘‘(C) ALLOCATION FORMULA.—The State dustry-recognized certification; of administration under the program admin- board shall develop a formula to be used by ‘‘(B) an entity that carries out programs istered by such partner, and shall be subject the Governor to allocate the funds provided under the Act of August 16, 1937 (commonly to the program limitations with respect to under subparagraph (A) to local areas not known as the ‘National Apprenticeship Act’; the portion of funds under such program that funding infrastructure costs under the op- 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); may be used for administration. tion described in paragraph (1)(A)(i)(I). The or ‘‘(II) CAP ON REQUIRED CONTRIBUTIONS.— formula shall be based on factors including ‘‘(aa) WIA FORMULA PROGRAMS AND EMPLOY- the number of one-stop centers in a local ‘‘(C) another public or private provider of a MENT SERVICE.—The portion of funds required area, the population served by such centers, program of training services. to be contributed under clause (i)(II) or (ii) the services provided by such centers, and ‘‘(3) INCLUSION IN LIST OF ELIGIBLE PRO- of paragraph (1)(A) by the programs author- other factors relating to the performance of VIDERS.—A provider described in subpara- ized under chapters 4 and 5 and under the such centers that the State board determines graph (A) or (C) of paragraph (2) shall comply Wagner-Peyser Act (29 U.S.C. 49 et seq.) shall are appropriate. with the criteria and procedures established not be in excess of 3 percent of the amount ‘‘(D) COSTS OF INFRASTRUCTURE.—In this under this section to be included on the list of Federal funds provided to carry out each subsection, the term ‘costs of infrastruc- of eligible providers of training services de- such program in the State for a fiscal year. ture’, used with respect to a one-stop center, scribed in subsection (d)(1). A provider de- ‘‘(bb) OTHER ONE-STOP PARTNERS.—The por- means the nonpersonnel costs that are nec- scribed in paragraph (2)(B) shall be included tion of funds required to be contributed essary for the general operation of the one- on the list of eligible providers of training under clause (i)(II) or (ii) of paragraph (1)(A) stop center, including the rental costs of the services described in subsection (d)(1) for so by a one-stop partner from a program de- facilities, the costs of utilities and mainte- long as the provider remains certified by the scribed in subsection (b)(1) other than the nance, equipment (including assessment-re- Department of Labor to carry out the pro- programs described under item (aa) shall not lated products and adaptive technology for grams described in paragraph (2)(B). be in excess of 11⁄2 percent of the amount of individuals with disabilities), and technology ‘‘(b) CRITERIA.— Federal funds provided to carry out such pro- to facilitate remote access to the one-stop ‘‘(1) IN GENERAL.—The criteria established gram in the State for a fiscal year. center’s strategic planning activities, and by the Governor pursuant to subsection (a) ‘‘(cc) SPECIAL RULE.—Notwithstanding common outreach activities. shall take into account— items (aa) and (bb), an agreement, including ‘‘(i) OTHER FUNDS.— ‘‘(A) the performance of providers of train- a local memorandum of understanding, en- ‘‘(1) IN GENERAL.—Subject to the memo- ing services with respect to the performance tered into prior to the date of enactment of randum of understanding described in sub- measures and other matters for which infor- the Workforce Investment Act Amendments section (c) for the one-stop delivery system mation is required under paragraph (2) and of 2005 by an entity regarding contributions involved, in addition to the funds provided to other appropriate measures of performance under this title that permits the percentages carry out subsection (h), a portion of funds outcomes for those participants receiving described in such items to be exceeded, may made available under Federal law author- training services under this subtitle (taking continue to be in effect until terminated by izing the programs described in subsection into consideration the characteristics of the the parties. (b) and administered by one-stop partners, or population served and relevant economic ‘‘(dd) VOCATIONAL REHABILITATION.—Not- the noncash resources available under such conditions); withstanding items (aa) and (bb), an entity programs, shall be used to pay the additional ‘‘(B) the need to ensure access to training administering a program under title I of the costs relating to the operation of the one- services throughout the State, including any Rehabilitation Act of 1973 (29 U.S.C. 720 et stop delivery system that are not paid from rural areas; seq.) shall not be required to provide, for the the funds provided under subsection (h), as ‘‘(C) the information such providers are re- purposes of this paragraph, an amount in ex- determined in accordance with paragraph (2), quired to report to State agencies with re- cess of— to the extent not inconsistent with the Fed- spect to Federal and State programs (other ‘‘(AA) 0.75 percent of the amount provided eral law involved. Such costs shall include than the program carried out under this sub- for such program in the State for the second the costs of the provision of core services de- title), including one-stop partner programs; program year that begins after the date of scribed in section 134(d)(2) applicable to each ‘‘(D) the requirements for State licensing enactment of the Workforce Investment Act program and may include common costs that of providers of training services, and the li- Amendments of 2005; are not paid from the funds provided under censing status of each provider of training ‘‘(BB) 1.0 percent of the amount provided subsection (h). services if applicable; for such program in the State for the third ‘‘(2) DETERMINATION AND GUIDANCE.—The ‘‘(E) to the extent practicable, encouraging program year that begins after such date; method for determining the appropriate por- the use of industry-recognized standards and ‘‘(CC) 1.25 percent of the amount provided tion of funds and noncash resources to be certification; for such program in the State for the fourth provided by each program under paragraph ‘‘(F) the ability of the providers to offer program year that begins after such date; (1) for a one-stop center shall be determined programs that lead to a degree or an indus- and as part of the development of the memo- try-recognized certification;

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‘‘(G) the ability to provide training serv- ‘‘(c) PROCEDURES.—The procedures estab- garding such criteria, procedures, require- ices to hard-to-serve populations, including lished under subsection (a) shall identify the ments for information, and list. individuals with disabilities; and application process for a provider of training ‘‘(h) TRANSITION PERIOD FOR IMPLEMENTA- ‘‘(H) such other factors as the Governor de- services to become eligible to receive funds TION.—The requirements of this section shall termines are appropriate to ensure— provided under section 133(b) for the provi- be implemented not later than December 31, ‘‘(i) the quality of services provided; sion of training services, and identify the re- 2006. In order to facilitate early implementa- ‘‘(ii) the accountability of the providers; spective roles of the State and local areas in tion of this section, the Governor may estab- ‘‘(iii) that the one-stop centers in the State receiving and reviewing the applications and lish transition procedures under which pro- will ensure that such providers meet the in making determinations of such eligibility viders eligible to provide training services needs of local employers and participants; based on the criteria established under this under chapter 5 as such chapter was in effect ‘‘(iv) the informed choice of participants section. The procedures shall also establish a on the day before the date of enactment of under chapter 5; and process for a provider of training services to the Workforce Investment Act Amendments ‘‘(v) that the collection of information re- appeal a denial or termination of eligibility of 2005 may continue to be eligible to provide quired is not unduly burdensome or costly to under this section, that includes an oppor- such services until December 31, 2006, or providers. tunity for a hearing and prescribes appro- until such earlier date as the Governor de- priate time limits to ensure prompt resolu- ‘‘(2) INFORMATION.—The criteria estab- termines to be appropriate. lished by the Governor shall require that a tion of the appeal. ‘‘(i) ON-THE-JOB TRAINING, CUSTOMIZED ‘‘(d) INFORMATION TO ASSIST PARTICIPANTS provider of training services submit appro- TRAINING, OR INCUMBENT WORKER TRAINING IN CHOOSING PROVIDERS.—In order to facili- priate, accurate, and timely information to EXCEPTION.— tate and assist participants in choosing em- ‘‘(1) IN GENERAL.—Providers of on-the-job the State for purposes of carrying out sub- ployment and training activities under chap- section (d), with respect to participants re- training, customized training, or incumbent ter 5 and in choosing providers of training worker training shall not be subject to the ceiving training services under this subtitle services, the Governor shall ensure that an in the applicable program, including— requirements of subsections (a) through (h). appropriate list of providers determined to ‘‘(2) COLLECTION AND DISSEMINATION OF IN- ‘‘(A) information on degrees and industry- be eligible under this section in the State, recognized certifications received by such FORMATION.—A one-stop operator in a local accompanied by appropriate information, is area shall collect such performance informa- participants; provided to the one-stop delivery system in ‘‘(B) information on costs of attendance for tion from providers of on-the-job training, the State. The accompanying information customized training, and incumbent worker such participants; shall consist of information provided by pro- ‘‘(C) information on the program comple- training as the Governor may require, deter- viders described in subparagraphs (A) and (C) mine whether the providers meet such per- tion rate for such participants; and of subsection (a)(2) in accordance with sub- ‘‘(D) information on the performance of the formance criteria as the Governor may re- section (b) (including information on receipt quire, and disseminate information identi- provider with respect to the performance of degrees and industry-recognized certifi- measures described in section 136 for such fying providers that meet the criteria as eli- cations, and costs of attendance, for partici- gible providers, and the performance infor- participants (taking into consideration the pants receiving training services under this characteristics of the population served and mation, through the one-stop delivery sys- subtitle in applicable programs) and such tem. Providers determined to meet the cri- relevant economic conditions), which may other information as the Secretary deter- include information specifying the percent- teria shall be considered to be identified as mines is appropriate. The list and the accom- eligible providers of training services.’’. age of such participants who entered unsub- panying information shall be made available sidized employment in an occupation related to such participants and to members of the SEC. 119. ELIGIBLE PROVIDERS OF YOUTH AC- TIVITIES. to the program. public through the one-stop delivery system Section 123 (29 U.S.C. 2843) is amended to ‘‘(3) RENEWAL.—The criteria established by in the State. read as follows: the Governor shall also provide for biennial ‘‘(e) ENFORCEMENT.— review and renewal of eligibility under this ‘‘(1) IN GENERAL.—The criteria and proce- ‘‘SEC. 123. ELIGIBLE PROVIDERS OF YOUTH AC- section for providers of training services. dures established under this section shall TIVITIES. ‘‘(4) LOCAL CRITERIA.—A local board in the provide the following: ‘‘(a) IN GENERAL.—From the funds allo- State may establish criteria in addition to ‘‘(A) INTENTIONALLY SUPPLYING INACCURATE cated under section 128(b) to a local area, the the criteria established by the Governor, or INFORMATION.—Upon a determination, by an local board for such area shall award grants may require higher levels of performance individual or entity specified in the criteria or contracts on a competitive basis to pro- than required under the criteria established or procedures, that a provider of training viders of youth activities identified based on by the Governor, for purposes of determining services, or individual providing information the criteria in the State plan described in the eligibility of providers of training serv- on behalf of the provider, intentionally sup- section 112 and shall conduct oversight with ices to receive funds described in subsection plied inaccurate information under this sec- respect to such providers. (a) to provide the services in the local area tion, the eligibility of such provider to re- ‘‘(b) EXCEPTIONS.—A local board may involved. ceive funds under chapter 5 shall be termi- award grants or contracts on a sole-source ‘‘(5) INFORMATION TO ESTABLISH INITIAL ELI- nated for a period of time that is not less basis if such board determines there is an in- GIBILITY.— than 2 years. sufficient number of eligible providers of youth activities in the local area involved ‘‘(A) IN GENERAL.—In an effort to provide ‘‘(B) SUBSTANTIAL VIOLATIONS.—Upon a de- the highest-quality training services and re- termination, by an individual or entity spec- (such as a rural area) for grants and con- sponsiveness to new and emerging industries, ified in the criteria or procedures, that a pro- tracts to be awarded on a competitive basis providers may seek initial eligibility under vider of training services substantially vio- under subsection (a).’’. this section as providers of training services. lated any requirement under this title, the SEC. 120. YOUTH ACTIVITIES. The criteria established by the Governor eligibility of such provider to receive funds (a) STATE ALLOTMENTS.—Section 127 (29 shall require that a provider who has not under the program involved may be termi- U.S.C. 2852) is amended— previously been an eligible provider of train- nated, or other appropriate action may be (1) in subsection (a)(1), by striking ‘‘oppor- ing services under this section provide the taken. tunity’’ and inserting ‘‘challenge’’; and information described in subparagraph (B). ‘‘(C) REPAYMENT.—A provider of training (2) by striking subsection (b) and inserting ‘‘(B) INFORMATION.—The provider shall pro- services whose eligibility is terminated the following: vide verifiable program-specific performance under subparagraph (A) or (B) shall be liable ‘‘(b) ALLOTMENT AMONG STATES.— information supporting the provider’s ability for the repayment of funds received under ‘‘(1) YOUTH ACTIVITIES.— to serve participants under this subtitle. The chapter 5 during a period of noncompliance ‘‘(A) YOUTH CHALLENGE GRANTS AND YOUTH information provided under this subpara- described in such subparagraph. ACTIVITIES FOR FARMWORKERS AND NATIVE graph may include information on outcome ‘‘(2) CONSTRUCTION.—Paragraph (1) shall be AMERICANS.— measures such as job placement and wage in- construed to provide remedies and penalties ‘‘(i) IN GENERAL.—For each fiscal year in creases for individuals participating in the that supplement, but do not supplant, other which the amount appropriated under sec- program, information on business partner- civil and criminal remedies and penalties. tion 137(a) exceeds $1,000,000,000, the Sec- ships and other factors that indicate high- ‘‘(f) AGREEMENTS WITH OTHER STATES.— retary shall reserve a portion of the amount quality training services, and information on States may enter into agreements, on a re- to provide youth activities under section 167 alignment with industries targeted for po- ciprocal basis, to permit eligible providers of (relating to migrant and seasonal farm- tential employment opportunities. training services to accept career scholar- worker programs) and provide youth chal- ‘‘(C) PROVISION.—The provider shall pro- ship accounts provided in another State. lenge grants and other activities under sec- vide the information described in subpara- ‘‘(g) OPPORTUNITY TO SUBMIT COMMENTS.— tion 169 (relating to youth challenge grants). graph (B) to the Governor and the local In establishing criteria, procedures, require- ‘‘(ii) PORTION.—The portion referred to in boards in a manner that will permit the Gov- ments for information, and the list of eligi- clause (i) shall equal, for a fiscal year— ernor and the local boards to make a deci- ble providers described in subsection (d)(1), ‘‘(I) except as provided in subclause (II), sion on inclusion of the provider on the list the Governor shall provide an opportunity the difference obtained by subtracting of eligible providers described in subsection for interested members of the public to make $1,000,000,000 from the amount appropriated (d). recommendations and submit comments re- under section 137(a) for the fiscal year; or

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.076 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5123 ‘‘(II) for any fiscal year in which the Amendments of 2005), in accordance with the determination of the number of disadvan- amount is $1,250,000,000 or greater, requirements of such section 127(b)(1)(C); and taged youth.’’. $250,000,000. ‘‘(II) the amount of the remainder, if any, (b) REALLOTMENT.— ‘‘(iii) YOUTH ACTIVITIES FOR FARM- in excess of the amount referred to in sub- (1) AMENDMENT.—Section 127(c) (29 U.S.C. WORKERS.—For a fiscal year described in clause (I), in accordance with clause (ii). 2852(c)) is amended— clause (i), the Secretary shall reserve the ‘‘(ii) FORMULA.—Subject to clauses (iii) and (A) by striking paragraph (2) and inserting greater of $10,000,000 or 4 percent of the por- (iv), of the amount described in clause the following: (i)(II)— tion described in clause (i) for a fiscal year ‘‘(2) AMOUNT.—The amount available for 1 to provide youth activities under section 167. ‘‘(I) 33 ⁄3 percent shall be allotted on the reallotment for a program year is equal to For a fiscal year not described in clause (i), basis of the relative number of individuals in the amount by which the unexpended bal- the civilian labor force who are ages 16 the Secretary shall reserve $10,000,000 of the ance at the end of the program year prior to through 21 in each State, compared to the amount appropriated under section 137(a) to the program year for which the determina- total number of individuals in the civilian provide youth activities under section 167. tion is made exceeds 30 percent of the total labor force who are ages 16 through 21 in all ‘‘(iv) YOUTH ACTIVITIES FOR NATIVE AMERI- amount of funds available to the State under States; CANS.—From the amount appropriated under this section during such prior program year ‘‘(II) 331⁄3 percent shall be allotted on the section 137(a) for each fiscal year that is not (including amounts allotted to the State in basis of the relative number of unemployed reserved under clause (i) or (iii), the Sec- all prior program years that remained avail- individuals in each State, compared to the retary shall reserve not more than 11⁄2 per- able). For purposes of this paragraph, the un- total number of unemployed individuals in cent of such appropriated amount to provide expended balance is the amount that is the all States; and youth activities under section 166 (relating difference between— ‘‘(III) 331⁄3 percent shall be allotted on the to Native Americans). basis of the relative number of disadvan- ‘‘(A) the total amount of funds available to ‘‘(B) OUTLYING AREAS.— taged youth who are ages 16 through 21 in the State under this section during the pro- ‘‘(i) IN GENERAL.—From the amount appro- each State, compared to the total number of gram year prior to the program year for priated under section 137(a) for each fiscal disadvantaged youth who are ages 16 through which the determination is made (including year that is not reserved under subparagraph 21 in all States. amounts allotted to the State in all prior (A), the Secretary shall reserve not more ‘‘(iii) MINIMUM AND MAXIMUM PERCENT- program years that remained available); and than 1⁄4 of 1 percent of the appropriated AGES.— ‘‘(B) the accrued expenditures during such amount to provide assistance to the outlying ‘‘(I) MINIMUM PERCENTAGE.—The Secretary prior program year.’’; areas to carry out youth activities and state- shall ensure that no State shall receive an (B) in paragraph (3)— wide workforce investment activities. allotment percentage under this subpara- (i) by striking ‘‘for the prior program ‘‘(ii) LIMITATION FOR FREELY ASSOCIATED graph for a fiscal year that is less than 90 year’’ and inserting ‘‘for the program year STATES.— percent of the allotment percentage of the for which the determination is made’’; and ‘‘(I) COMPETITIVE GRANTS.—The Secretary State for the preceding fiscal year. (ii) by striking ‘‘such prior program year’’ shall use funds described in clause (i) to ‘‘(II) MAXIMUM PERCENTAGE.—Subject to and inserting ‘‘such program year’’; award grants to Guam, American Samoa, the subclause (I), the Secretary shall ensure that (C) by striking paragraph (4) and inserting Commonwealth of the Northern Mariana Is- no State shall receive an allotment percent- the following: lands, and the Freely Associated States to age under this subparagraph for a fiscal year ‘‘(4) ELIGIBILITY.—For purposes of this sub- carry out youth activities and statewide that is more than 130 percent of the allot- section, an eligible State means a State that workforce investment activities. ment percentage of the State for the pre- does not have an amount available for real- ‘‘(II) AWARD BASIS.—The Secretary shall ceding fiscal year. lotment under paragraph (2) for the program award grants pursuant to subclause (I) on a ‘‘(iv) SMALL STATE MINIMUM ALLOTMENT.— year for which the determination under competitive basis and pursuant to the rec- Subject to clause (iii), the Secretary shall paragraph (2) is made.’’; and ommendations of experts in the field of em- ensure that no State shall receive an allot- (D) in paragraph (5), by striking ‘‘obliga- ployment and training, working through the ment under this subparagraph that is less tion’’ and inserting ‘‘accrued expenditure’’. Pacific Region Educational Laboratory in than the total of— (2) EFFECTIVE DATE.—The amendment Honolulu, Hawaii. ‘‘(I) 3⁄10 of 1 percent of $1,000,000,000 of the made by paragraph (1) shall take effect for ‘‘(III) ASSISTANCE REQUIREMENTS.—Any remainder described in clause (i) for the fis- the program year that begins after the date Freely Associated State that desires to re- cal year; and of enactment of this Act. ceive assistance under this subparagraph ‘‘(II) if the remainder described in clause (c) WITHIN STATE ALLOCATIONS.— shall submit an application to the Secretary 2 (i) for the fiscal year exceeds $1,000,000,000, ⁄5 (1) RESERVATION FOR STATEWIDE ACTIVI- and shall include in the application for as- of 1 percent of the excess. TIES.—Section 128(a) (29 U.S.C. 2853(a)) is sistance— ‘‘(2) DEFINITIONS.—For the purposes of amended to read as follows: ‘‘(aa) information demonstrating that the paragraph (1): ‘‘(a) RESERVATIONS FOR STATEWIDE ACTIVI- Freely Associated State will meet all condi- ‘‘(A) ALLOTMENT PERCENTAGE.—The term tions that apply to States under this title; ‘allotment percentage’, used with respect to TIES.— ‘‘(bb) an assurance that, notwithstanding fiscal year 2006 or a subsequent fiscal year, ‘‘(1) IN GENERAL.—The Governor of a State any other provision of this title, the Freely means a percentage of the remainder de- shall reserve not more than 15 percent of Associated State will use such assistance scribed in paragraph (1)(C)(i) that is received each of the amounts allotted to the State only for the direct provision of services; and by the State involved through an allotment under section 127(b)(1)(C) and paragraphs ‘‘(cc) such other information and assur- made under this subsection for the fiscal (1)(B) and (2)(B) of section 132(b) for a fiscal ances as the Secretary may require. year. The term, used with respect to fiscal year for statewide workforce investment ac- ‘‘(IV) ADMINISTRATIVE COSTS.—The Sec- year 2005, means the percentage of the tivities. retary may provide not more than 5 percent amounts allotted to States under this chap- ‘‘(2) USE OF FUNDS.—Regardless of whether of the funds made available for grants under ter (as in effect on the day before the date of the reserved amounts were allotted under subclause (I) to pay the administrative costs enactment of the Workforce Investment Act section 127(b)(1)(C), or under paragraph (1)(B) of the Pacific Region Educational Labora- Amendments of 2005) that is received by the or (2)(B) of section 132(b), the Governor may tory in Honolulu, Hawaii, regarding activi- State involved for fiscal year 2005. use the reserved amounts to carry out state- ties assisted under this clause. ‘‘(B) DISADVANTAGED YOUTH.—Subject to wide activities under section 129(b) or state- ‘‘(iii) ADDITIONAL REQUIREMENT.—The pro- paragraph (3), the term ‘disadvantaged wide employment and training activities, for visions of Public Law 95–134, permitting the youth’ means an individual who is age 16 adults or dislocated workers, under section consolidation of grants by the outlying through 21 who received an income, or is a 134(a).’’. areas, shall not apply to assistance provided member of a family that received a total (2) WITHIN STATE ALLOCATION.—Section to those areas, including the Freely Associ- family income, that, in relation to family 128(b) (29 U.S.C. 2853(b)) is amended to read ated States, under this subparagraph. size, does not exceed the higher of— as follows: ‘‘(C) STATES.— ‘‘(i) the poverty line; or ‘‘(b) WITHIN STATE ALLOCATIONS.— ‘‘(i) IN GENERAL.—From the remainder of ‘‘(ii) 70 percent of the lower living standard ‘‘(1) IN GENERAL.—Of the amount allotted the amount appropriated under section 137(a) income level. to the State under section 127(b)(1)(C) and for a fiscal year that exists after the Sec- ‘‘(C) FREELY ASSOCIATED STATE.—The term not reserved under subsection (a)(1)— retary determines the amounts to be re- ‘Freely Associated State’ means the Repub- ‘‘(A) a portion equal to not less than 80 per- served under subparagraphs (A) and (B), the lic of the Marshall Islands, the Federated cent of such amount shall be allocated by Secretary shall allot to the States— States of Micronesia, and the Republic of the Governor to local areas in accordance ‘‘(I) an amount of the remainder that is Palau. with paragraph (2); and less than or equal to the total amount that ‘‘(3) SPECIAL RULE.—For purposes of the ‘‘(B) a portion equal to not more than 20 was allotted to States for fiscal year 2005 formula specified in paragraph (1)(C), the percent of such amount may be allocated by under section 127(b)(1)(C) of this Act (as in Secretary shall, as appropriate and to the ex- the Governor to local areas in accordance effect on the day before the date of enact- tent practicable, exclude college students with paragraph (3). ment of the Workforce Investment Act and members of the Armed Forces from the ‘‘(2) ESTABLISHED FORMULA.—

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‘‘(A) IN GENERAL.—Of the portion described (3) REALLOCATION.— ‘‘(VI) A youth who is not attending school in paragraph (1)(A), the Governor shall allo- (A) AMENDMENT.—Section 128(c) (29 U.S.C. or a youth attending an alternative school, cate— 2853(c)) is amended— who is homeless, a runaway, a foster child, a ‘‘(i) 331⁄3 percent on the basis of the relative (i) in paragraph (1), by striking ‘‘paragraph child eligible for assistance under section 477 number of individuals in the civilian labor (2)(A) or (3) of’’; of the Social Security Act (42 U.S.C. 677), or force who are ages 16 through 21 in each local (ii) by striking paragraph (2) and inserting in an out-of-home placement. area, compared to the total number of indi- the following: ‘‘(VII) A low-income individual who is not viduals in the civilian labor force who are ‘‘(2) AMOUNT.—The amount available for attending school and requires additional as- ages 16 through 21 in all local areas in the reallocation for a program year is equal to sistance to enter or complete an educational State; the amount by which the unexpended bal- program or to secure or hold employment. ‘‘(ii) 331⁄3 percent on the basis of the rel- ance at the end of the program year prior to ‘‘(C) IN-SCHOOL YOUTH.—In this section the ative number of unemployed individuals in the program year for which the determina- term ‘in-school youth’ means an individual each local area, compared to the total num- tion is made exceeds 30 percent of the total who is— ber of unemployed individuals in all local amount of funds available to the local area ‘‘(i) not younger than age 14 nor older than areas in the State; and under this section during such prior program age 21; ‘‘(iii) 331⁄3 percent on the basis of the rel- year (including amounts allocated to the ‘‘(ii) a low-income individual; and ative number of disadvantaged youth who local area in all prior program years that re- ‘‘(iii) one or more of the following: are ages 16 through 21 in each local area, mained available). For purposes of this para- ‘‘(I) Deficient in basic literacy skills, in- compared to the total number of disadvan- graph, the unexpended balance is the amount cluding limited English proficiency. taged youth who are ages 16 through 21 in all that is the difference between— ‘‘(II) Homeless, a runaway, a foster child, a local areas in the State. ‘‘(A) the total amount of funds available to child eligible for assistance under section 477 ‘‘(B) MINIMUM AND MAXIMUM PERCENT- the local area under this section during the of the Social Security Act (42 U.S.C. 677), or AGES.— program year prior to the program year for in an out-of-home placement. ‘‘(i) MINIMUM PERCENTAGE.—The Governor which the determination is made (including ‘‘(III) Pregnant or parenting. shall ensure that no local area shall receive amounts allocated to the local area in all ‘‘(IV) An offender (other than an individual an allocation percentage under this para- prior program years that remained avail- described in subparagraph (B)(ii)(IV)). graph for a fiscal year that is less than 90 able); and ‘‘(V) An individual who requires additional percent of the allocation percentage of the ‘‘(B) the accrued expenditures during such assistance to complete an educational pro- local area for the preceding fiscal year. prior program year.’’; gram or to secure or hold employment. ‘‘(ii) MAXIMUM PERCENTAGE.—Subject to (iii) by amending paragraph (3)— ‘‘(2) EXCEPTION.—Not more than 5 percent clause (i), the Governor shall ensure that no (I) by striking ‘‘subsection (b)(3)’’ each of the individuals assisted under this section local area shall receive an allocation per- place it appears and inserting ‘‘subsection in each local area, in the case of individuals centage under this paragraph for a fiscal (b)’’; for whom low income is a requirement for year that is more than 130 percent of the al- (II) by striking ‘‘for the prior program eligibility under this section, may be indi- location percentage of the local area for the year’’ the first place it appears and inserting viduals who are not low income. preceding fiscal year. ‘‘for the program year for which the deter- ‘‘(3) LIMITATIONS ON ACTIVITIES FOR IN- ‘‘(C) DEFINITIONS.—In this paragraph: mination is made’’; SCHOOL YOUTH.— ‘‘(i) ALLOCATION PERCENTAGE.—The term (III) by striking ‘‘such prior program year’’ ‘‘(A) IN GENERAL.—For any program year, ‘allocation percentage’, used with respect to and inserting ‘‘such program year’’; and not more than 60 percent of the funds avail- fiscal year 2006 or a subsequent fiscal year, (IV) by striking the last sentence; and able for statewide activities under sub- means a percentage of the portion described (iv) by striking paragraph (4) and inserting section (b), and not more than 60 percent of in paragraph (1)(A) that is received by the the following: funds available to local areas under sub- local area involved through an allocation ‘‘(4) ELIGIBILITY.—For purposes of this sub- section (c), may be used to provide activities made under this paragraph for the fiscal section, an eligible local area means a local for in-school youth meeting the require- year. The term, used with respect to fiscal area that does not have an amount available ments of paragraph (1)(B). year 2005, means the percentage of the for reallocation under paragraph (2) for the ‘‘(B) EXCEPTION.—A State that receives a amounts allocated to local areas under this program year for which the determination minimum allotment under section 127(b)(1) chapter (as in effect on the day before the under paragraph (2) is made.’’. in accordance with section 127(b)(1)(C)(iv) or date of enactment of the Workforce Invest- (B) EFFECTIVE DATE.—The amendments under section 132(b)(1) in accordance with ment Act Amendments of 2005) that is re- made by subparagraph (A) shall take effect section 132(b)(1)(B)(iv)(II) may increase the ceived by the local area involved for fiscal for the later of— percentage described in subparagraph (A) for year 2005. (i) the program year that begins after the a local area in the State, if— ‘‘(ii) DISADVANTAGED YOUTH.—The term date of enactment of this Act; or ‘‘(i) after an analysis of the eligible youth ‘disadvantaged youth’ means an individual (ii) program year 2006. population in the local area, the State deter- who— (d) YOUTH PARTICIPANT ELIGIBILITY.—Sec- mines that the local area will be unable to ‘‘(I) is age 16 through 21; tion 129(a) (29 U.S.C. 2854(a)) is amended to use at least 40 percent of the funds available ‘‘(II) is not a college student or member of read as follows: for activities under subsection (b) or (c) to the Armed Forces; and ‘‘(a) YOUTH PARTICIPANT ELIGIBILITY.— serve out-of-school youth due to a low num- ‘‘(III) received an income, or is a member ‘‘(1) ELIGIBILITY.— ber of out-of-school youth; and of a family that received a total family in- ‘‘(A) IN GENERAL.—To be eligible to partici- ‘‘(ii)(I) the State submits to the Secretary, come, that, in relation to family size, does pate in activities carried out under this for the local area, a request including a pro- not exceed the higher of— chapter during any program year an indi- posed increased percentage for purposes of ‘‘(aa) the poverty line; or vidual shall, at the time the eligibility de- subparagraph (A), and the summary of the ‘‘(bb) 70 percent of the lower living stand- termination is made, be an out-of-school eligible youth population analysis; and ard income level. youth or an in-school youth. ‘‘(II) the request is approved by the Sec- ‘‘(3) YOUTH DISCRETIONARY ALLOCATION.— ‘‘(B) OUT-OF-SCHOOL YOUTH.—In this title retary. The Governor may allocate the portion de- the term ‘out-of-school youth’ means an in- ‘‘(4) CONSISTENCY WITH COMPULSORY SCHOOL scribed in paragraph (1)(B) to local areas dividual who is— ATTENDANCE LAWS.—In providing assistance where there are a significant number of eli- ‘‘(i) not younger than age 16 nor older than under this section to an individual who is re- gible youth, after consultation with the age 21; and quired to attend school under applicable State board and local boards. ‘‘(ii) one of the following: State compulsory school attendance laws, ‘‘(4) LOCAL ADMINISTRATIVE COST LIMIT.— ‘‘(I) A school dropout. the priority in providing such assistance ‘‘(A) IN GENERAL.—Of the amount allocated ‘‘(II) A youth who is within the age for shall be for the individual to attend school to a local area under this subsection and sec- compulsory school attendance, but has not regularly.’’. tion 133(b) for a fiscal year, not more than 10 attended school for at least 1 school year cal- (e) STATEWIDE ACTIVITIES.—Section 129(b) percent of the amount may be used by the endar quarter. (29 U.S.C. 2854(b)) is amended to read as fol- local board involved for the administrative ‘‘(III) A recipient of a secondary school di- lows: costs of carrying out local workforce invest- ploma or its equivalent who is— ‘‘(b) STATEWIDE ACTIVITIES.— ment activities under this chapter or chapter ‘‘(aa) deficient in basic skills, including ‘‘(1) IN GENERAL.—Funds reserved by a Gov- 5. limited English proficiency; ernor for a State as described in sections ‘‘(B) USE OF FUNDS.—Funds made available ‘‘(bb) a low-income individual; and 128(a) and 133(a)(1) shall be used, regardless for administrative costs under subparagraph ‘‘(cc) not attending any school. of whether the funds were allotted to the (A) may be used for the administrative costs ‘‘(IV) Subject to the juvenile or adult jus- State under section 127(b)(1)(C) or under of any of the local workforce investment ac- tice system or ordered by a court to an alter- paragraph (1)(B) or (2)(B) of section 132(b) for tivities described in this chapter or chapter native school. statewide activities, which may include— 5, regardless of whether the funds were allo- ‘‘(V) A low-income individual who is preg- ‘‘(A) conducting— cated under this subsection or section nant or parenting and not attending any ‘‘(i) evaluations under section 136(e) of ac- 133(b).’’. school. tivities authorized under this chapter and

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chapter 5 in coordination with evaluations cial mainstream by opening and maintaining (3) ADDITIONAL REQUIREMENTS.—Section carried out by the Secretary under section accounts with financial institutions; and 129(c)(3)(A) (29 U.S.C. 2854(c)(3)(A)) is amend- 172; ‘‘(x) improving financial literacy and edu- ed in the matter preceding clause (i) by ‘‘(ii) research; and cation through all other related skills, in- striking ‘‘or applicant who meets the min- ‘‘(iii) demonstration projects; cluding personal finance and related eco- imum income criteria to be considered an el- ‘‘(B) providing incentive grants to local nomic education, with the primary goal of igible youth’’. areas for regional cooperation among local programs not simply to improve knowledge, (4) PRIORITY AND EXCEPTIONS.—Section boards (including local boards in a des- but rather to improve consumers’ financial 129(c) (29 U.S.C. 2854(c)) is amended by strik- ignated region as described in section 116(c)), choices and outcomes. ing paragraphs (4) and (5). for local coordination of activities carried ‘‘(2) LIMITATION.—Not more than 5 percent (5) PROHIBITIONS AND LINKAGES.—Section out under this title, and for performance by of the funds allotted to a State under section 129(c) (29 U.S.C. 2854(c)), as amended by para- local areas as described in section 136(i)(2); 127(b)(1)(C) shall be used by the State for ad- graph (4), is further amended— ‘‘(C) providing technical assistance and ca- ministrative activities carried out under this (A) by redesignating paragraphs (6), (7), pacity building activities to local areas, one- subsection or section 134(a). and (8) as paragraphs (4), (5), and (6), respec- stop operators, one-stop partners, and eligi- ‘‘(3) PROHIBITION.—No funds described in tively; ble providers, including the development and this subsection may be used to develop or (B) in paragraph (4) (as redesignated by training of staff, the development of exem- implement education curricula for school subparagraph (A))— plary program activities, the provision of systems in the State.’’. (i) by striking subparagraph (B); and (f) LOCAL ELEMENTS AND REQUIREMENTS.— (ii) by redesignating subparagraph (C) as technical assistance to local areas that fail (1) PROGRAM DESIGN.—Section 129(c)(1) (29 subparagraph (B); and to meet local performance measures de- U.S.C. 2854(c)(1)) is amended— (C) in paragraph (5) (as redesignated by scribed in section 136(c), and the provision of (A) in the matter that precedes subpara- subparagraph (A)), by striking ‘‘youth coun- technology to facilitate remote access to graph (A), by striking ‘‘paragraph (2)(A) or cils’’ and inserting ‘‘local boards’’. services provided through the one-stop deliv- (3), as appropriate, of’’; ery system in the State; SEC. 121. ADULT AND DISLOCATED WORKER EM- (B) in subparagraph (B), by inserting ‘‘are PLOYMENT AND TRAINING ACTIVI- ‘‘(D) operating a fiscal and management directly linked to 1 or more of the perform- TIES. accountability information system under ance measures relating to this chapter under (a) STATE ALLOTMENTS.— section 136(f); section 136, and that’’ after ‘‘for each partici- (1) RESERVATIONS.—Section 132(a)(2)(A) (29 ‘‘(E) carrying out monitoring and over- pant that’’; and U.S.C. 2862 (a)(2)(A)) is amended by striking sight of activities carried out under this (C) in subparagraph (C)— ‘‘national emergency grants, other than chapter and chapter 5, which may include a (i) by redesignating clauses (i) through (iv) under subsection (a)(4), (f), and (g)’’ and in- review comparing the services provided to as clauses (ii) through (v), respectively; serting ‘‘national dislocated worker grants, male and female youth; (ii) by inserting before clause (ii) (as redes- other than under paragraph (4) or (5) of sub- ‘‘(F) providing additional assistance to ignated by clause (i)) the following: section (a), subsection (e), and subsection local areas that have high concentrations of ‘‘(i) activities leading to the attainment of (f)’’. eligible youth; a secondary school diploma or its equivalent, (2) ALLOTMENT AMONG STATES.—Section ‘‘(G) supporting the development of alter- or another recognized credential;’’; 132(b) (29 U.S.C. 2862(b)) is amended— native programs and other activities that en- (iii) in clause (ii) (as redesignated by (A) in paragraph (1)(A)(ii), by striking hance the choices available to eligible youth clause (i)), by inserting ‘‘and advanced train- ‘‘section 127(b)(1)(B),’’ and all that follows and encourage such youth to reenter sec- ing’’ after ‘‘opportunities’’; and inserting ‘‘section 127(b)(1)(B).’’; ondary education, enroll in postsecondary (iv) in clause (iii) (as redesignated by (B) by striking paragraph (1)(B)(ii) and in- education and advanced training, and obtain clause (i))— serting the following: career path employment; (I) by inserting ‘‘instruction based on ‘‘(ii) FORMULA.—Subject to clauses (iii) and ‘‘(H) supporting the provision of core serv- State academic content and student aca- (iv), of the remainder— ices described in section 134(d)(2) in the one- demic achievement standards established ‘‘(I) 40 percent shall be allotted on the stop delivery system in the State; and under section 1111 of the Elementary and basis of the relative number of unemployed ‘‘(I) supporting financial literacy, includ- Secondary Education Act of 1965 (20 U.S.C. individuals in areas of substantial unemploy- ing— 6311)’’ after ‘‘academic’’; and ment in each State, compared to the total ‘‘(i) supporting the ability to create house- (II) by inserting ‘‘that lead to the attain- number of unemployed individuals in areas hold budgets, initiate savings plans, and ment of recognized credentials’’ after ‘‘learn- of substantial unemployment in all States; make strategic investment decisions for edu- ing’’; and ‘‘(II) 25 percent shall be allotted on the cation, retirement, home ownership, wealth (v) by striking clause (v) (as redesignated basis of the relative number of individuals in building, or other savings goals; by clause (i)) and inserting the following: the civilian labor force in each State, com- ‘‘(ii) supporting the ability to manage ‘‘(v) effective connections to all employers, pared to the total number of such individuals spending, credit, and debt, including credit including small employers, in sectors of the in all States; and card debt, effectively; local and regional labor markets that are ex- ‘‘(III) 35 percent shall be allotted on the ‘‘(iii) increasing awareness of the avail- periencing high growth in employment op- basis of the relative number of disadvan- ability and significance of credit reports and portunities.’’. taged adults in each State, compared to the credit scores in obtaining credit, the impor- (2) PROGRAM ELEMENTS.—Section 129(c)(2) total number of disadvantaged adults in all tance of their accuracy (and how to correct (29 U.S.C. 2854(c)(2)) is amended— States, except as described in clause (iii).’’; inaccuracies), their effect on credit terms, (A) in subparagraph (A), by striking ‘‘sec- (C) in paragraph (1)(B)— and the effect common financial decisions ondary school, including dropout prevention (i) in clause (iii), by striking ‘‘section may have on credit scores; strategies’’ and inserting ‘‘the requirements 116(a)(2)(B)’’ and inserting ‘‘section ‘‘(iv) supporting the ability to ascertain for a secondary school diploma or its recog- 116(a)(2)(A)(iii)’’; fair and favorable credit terms; nized equivalent (including recognized alter- (ii) in clause (iv)— ‘‘(v) supporting the ability to avoid abu- native standards for individuals with disabil- (I) in subclause (I)— sive, predatory, or deceptive credit offers ities) or for another recognized credential, (aa) by striking ‘‘Subject to subclause (IV), and financial products; including dropout prevention strategies’’; the’’ and inserting ‘‘The’’; and ‘‘(vi) supporting the ability to understand, (B) in subparagraph (B), by inserting ‘‘, (bb) by striking ‘‘than the greater of’’ and evaluate, and compare financial products, with a priority on exposing youth to tech- all that follows and inserting ‘‘than an services, and opportunities; nology and nontraditional jobs’’ before the amount based on 90 percent of the allotment ‘‘(vii) supporting the ability to understand semicolon; percentage of the State for the preceding fis- resources that are easily accessible and af- (C) in subparagraph (F), by striking ‘‘dur- cal year.’’; fordable, and that inform and educate an in- ing nonschool hours’’; (II) in subclause (II), by striking ‘‘sub- vestor as to the investor’s rights and avenues (D) in subparagraph (I), by striking ‘‘and’’ clauses (I), (III), and (IV)’’ and inserting of recourse when the investor believes the in- at the end; ‘‘subclauses (I) and (III)’’; and vestor’s rights have been violated by unpro- (E) in subparagraph (J), by striking the pe- (III) by striking subclause (IV); and fessional conduct of market intermediaries; riod at the end and inserting a semicolon; (iii) in clause (v), by striking subclause ‘‘(viii) increasing awareness of the par- and (VI); and ticular financial needs and financial trans- (F) by adding at the end the following: (D) in paragraph (2)(A)(ii), by striking actions (such as the sending of remittances) ‘‘(K) on-the-job training opportunities; ‘‘section 127(b)(1)(B)’’ and all that follows of consumers who are targeted in multi- ‘‘(L) opportunities to acquire financial lit- and inserting ‘‘section 127(b)(1)(B).’’. lingual financial literacy and education pro- eracy skills; (3) REALLOTMENT.—Section 132(c) (29 U.S.C. grams and improving the development and ‘‘(M) entrepreneurial skills training and 2862(c)) is amended— distribution of multilingual financial lit- microenterprise services; and (A) by striking paragraph (2) and inserting eracy and education materials; ‘‘(N) information about average wages for a the following: ‘‘(ix) promoting bringing individuals who range of jobs available in the local area, in- ‘‘(2) AMOUNT.—The amount available for lack basic banking services into the finan- cluding technology jobs.’’. reallotment for a program year for programs

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funded under subsection (b)(1)(B) (relating to (B) by striking paragraph (2) and inserting (c) USE OF FUNDS FOR EMPLOYMENT AND adult employment and training) and sub- the following: TRAINING ACTIVITIES.— section (b)(2)(B) (relating to dislocated work- ‘‘(2) AMOUNT.—The amount available for (1) STATEWIDE EMPLOYMENT AND TRAINING er employment and training), respectively, is reallocation for a program year for programs ACTIVITIES.— equal to the amount by which the unex- funded under paragraphs (2)(A) and (3) of sub- (A) STATEWIDE RAPID RESPONSE ACTIVI- pended balance at the end of the program section (b) (relating to adult employment TIES.—Section 134(a)(2)(A) (29 U.S.C. year prior to the program year for which the and training) and subsection (b)(2)(B) (relat- 2864(a)(2)(A)) is amended to read as follows: determination is made exceeds 30 percent of ing to dislocated worker employment and ‘‘(A) STATEWIDE RAPID RESPONSE ACTIVI- the total amount of funds available to the training), respectively, is equal to the TIES.— State under subsection (b)(1)(B) or (b)(2)(B), amount by which the unexpended balance at ‘‘(i) IN GENERAL.—A State shall carry out respectively, during such prior program year the end of the program year prior to the pro- statewide rapid response activities using (including amounts allotted to the State in gram year for which the determination is funds reserved by a Governor for a State all prior program years under such provi- made exceeds 30 percent of the total amount under section 133(a)(2). Such activities shall sions that remained available). For purposes of funds available to the local area under include— of this paragraph, the unexpended balance is paragraphs (2)(A) and (3) of subsection (b), or ‘‘(I) provision of rapid response activities, the amount that is the difference between— subsection (b)(2)(B), respectively, during carried out in local areas by the State or by such prior program year (including amounts ‘‘(A) the total amount of funds available to an entity designated by the State, working allocated to the local area in all prior pro- the State under subsection (b)(1)(B) or in conjunction with the local boards and the gram years under such provisions that re- (b)(2)(B), respectively, during the program chief elected officials for the local areas; and mained available). For purposes of this para- year prior to the program year for which the ‘‘(II) provision of additional assistance to graph, the unexpended balance is the amount determination is made (including amounts local areas that experience disasters, mass that is the difference between— allotted to the State in all prior program layoffs, or plant closings, or other events ‘‘(A) the total amount of funds available to years under such provisions that remained that precipitate substantial increases in the the local area under paragraphs (2)(A) and (3) available); and number of unemployed individuals, carried of subsection (b), or subsection (b)(2)(B), re- ‘‘(B) the accrued expenditures from such out in local areas by the State, working in total amount of funds available under sub- spectively, during the program year prior to the program year for which the determina- conjunction with the local boards and the section (b)(1)(B) or (b)(2)(B), respectively, chief elected officials for the local areas. during such prior program year.’’; tion is made (including amounts allotted to the local area in all prior program years ‘‘(ii) USE OF UNEXPENDED FUNDS.—Funds re- (B) in paragraph (3)— served under section 133(a)(2) to carry out (i) by striking ‘‘under this section for such under such provisions that remained avail- able); and this subparagraph that remain unexpended activities for the prior program year’’ and after the first program year for which such inserting ‘‘under subsection (b)(1)(B) or ‘‘(B) the accrued expenditures from such total amount of funds available under para- funds were allotted may be used by the Gov- (b)(2)(B), as appropriate, for the program ernor to carry out statewide activities au- year for which the determination is made’’; graphs (2)(A) and (3) of subsection (b), or sub- section (b)(2)(B), respectively, during such thorized under subparagraph (B) and para- and graph (3)(A) in addition to activities under (ii) by striking ‘‘under this section for such prior program year.’’; (C) by striking paragraph (3) and inserting this subparagraph.’’. activities for such prior program year’’ and the following: (B) STATEWIDE EMPLOYMENT AND TRAINING inserting ‘‘under subsection (b)(1)(B) or ‘‘(3) REALLOCATION.—In making realloca- ACTIVITIES.—Section 134(a)(2) (29 U.S.C. (b)(2)(B), as appropriate, for such program tions to eligible local areas of amounts 2864(a)(2)) is amended by striking subpara- year’’; available pursuant to paragraph (2) for a pro- graph (B) and inserting the following: (C) by striking paragraph (4) and inserting gram year, the Governor shall allocate to ‘‘(B) STATEWIDE EMPLOYMENT AND TRAINING the following: each eligible local area within the State— ACTIVITIES.—Funds reserved by a Governor ‘‘(4) ELIGIBILITY.—For purposes of this sub- ‘‘(A) with respect to amounts that are for a State under sections 128(a)(1) and section, an eligible State means— available for reallocation under paragraph 133(a)(1) and not used under paragraph (1)(A) ‘‘(A) with respect to funds allotted under (2) that were allocated under paragraphs (regardless of whether the funds were allot- subsection (b)(1)(B), a State that does not (2)(A) or (3) of subsection (b), an amount ted to the States under section 127(b)(1)(C) or have an amount of such funds available for based on the relative amount allocated to paragraphs (1)(B) or (2)(B) of section 132(b)) reallotment under paragraph (2) for the pro- such local area under paragraphs (2)(A) or (3) shall be used for statewide employment and gram year for which the determination of subsection (b), as appropriate, for the pro- training activities, including— under paragraph (2) is made; and gram year for which the determination is ‘‘(i) disseminating— ‘‘(B) with respect to funds allotted under made, as compared to the total amount allo- ‘‘(I) the State list of eligible providers of subsection (b)(2)(B), a State that does not cated to all eligible local areas under para- training services, including eligible pro- have an amount of such funds available for graphs (2)(A) or (3) of subsection (b), as ap- viders of nontraditional training services reallotment under paragraph (2) for the pro- propriate, for such program year; and and eligible providers of apprenticeship pro- gram year for which the determination ‘‘(B) with respect to amounts that are grams described in section 122(a)(2)(B); under paragraph (2) is made.’’; and available for reallocation under paragraph ‘‘(II) information identifying eligible pro- (D) in paragraph (5), by striking ‘‘obliga- (2) that were allocated under subsection viders of on-the-job training, customized tion’’ and inserting ‘‘accrued expenditure’’. (b)(2)(B), an amount based on the relative training, and incumbent worker training; (4) EFFECTIVE DATE.—The amendments amount allocated to such local area under ‘‘(III) information on effective business made by paragraph (3) shall take effect for subsection (b)(2)(B) for the program year for outreach, partnerships, and services; the later of— which the determination is made, as com- ‘‘(IV) performance information and infor- (A) the program year that begins after the pared to the total amount allocated to all el- mation on costs of attendance, as described date of enactment of this Act; or igible local areas under subsection (b)(2)(B) in subsections (d) and (i) of section 122; and (B) program year 2006. for such program year.’’; and ‘‘(V) information on physical and pro- (b) WITHIN STATE ALLOCATIONS.— (D) by striking paragraph (4) and inserting grammatic accessibility for individuals with (1) ALLOCATION.—Section 133(b)(2)(A)(i) (29 the following: disabilities; U.S.C. 2863(b)(2)(A)(i)) is amended— ‘‘(4) ELIGIBILITY.—For purposes of this sub- ‘‘(ii) conducting evaluations under section (A) in subclause (I), by striking ‘‘331⁄3 per- section, an eligible local area means— 136(e) of activities authorized under this cent’’ and inserting ‘‘40 percent’’; ‘‘(A) with respect to funds allocated under chapter and chapter 5 in coordination with (B) in subclause (II), by striking ‘‘331⁄3 per- paragraphs (2)(A) or (3) of subsection (b), a evaluations carried out by the Secretary cent’’ and inserting ‘‘25 percent’’; and local area that does not have an amount of under section 172; (C) in subclause (III), by striking ‘‘331⁄3 per- such funds available for reallocation under ‘‘(iii) providing incentive grants to local cent’’ and inserting ‘‘35 percent’’. paragraph (2) for the program year for which areas, in accordance with section 136(i); (2) TRANSFER AUTHORITY.—Section 133(b)(4) the determination under paragraph (2) is ‘‘(iv) developing strategies for ensuring (29 U.S.C. 2863(b)(4)) is amended by striking made; and that activities carried out under this section ‘‘20 percent’’ each place it appears and in- ‘‘(B) with respect to funds allocated under are placing men and women in jobs, edu- serting ‘‘45 percent’’. subsection (b)(2)(B), a local area that does cation, and training that lead to comparable (3) REQUIREMENTS.—Clauses (i) and (ii) of not have an amount of such funds available pay; section 133(b)(5)(B) (29 U.S.C. 2863(b)(5)(B)) for reallocation under paragraph (2) for the ‘‘(v) providing technical assistance and ca- are amended by striking ‘‘section 134(c)’’ and program year for which the determination pacity building to local areas, one-stop oper- inserting ‘‘section 121(e)’’. under paragraph (2) is made.’’. ators, one-stop partners, and eligible pro- (4) REALLOCATION.—Section 133(c) (29 (5) EFFECTIVE DATE.—The amendments viders, including the development and train- U.S.C. 2863(c)) is amended— made by paragraph (3) shall take effect for ing of staff, the development of exemplary (A) in paragraph (1), by inserting ‘‘, and the later of— program activities, and the provision of under subsection (b)(2)(B) for dislocated (A) the program year that begins after the technical assistance to local areas that fail worker employment and training activities,’’ date of enactment of this Act; or to meet local performance measures de- after ‘‘activities’’; (B) program year 2006. scribed in section 136(c), which may include

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.077 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5127 the development and training of staff to pro- ‘‘(IV) to improve coordination between em- (vi) by striking subparagraph (H) and in- vide opportunities for hard-to-serve popu- ployment and training assistance and pro- serting the following: lations to enter high-wage, high-skilled, and grams carried out in the local area for indi- ‘‘(H) provision of accurate information, in nontraditional occupations; viduals with disabilities, including programs formats that are usable and understandable ‘‘(vi) operating a fiscal and management carried out by State agencies relating to to all one-stop center customers, relating to accountability system under section 136(f); mental retardation and developmental dis- the availability of supportive services or as- and abilities, Statewide Independent Living sistance, including child care, child support, ‘‘(vii) carrying out monitoring and over- Councils established under section 705 of the medical or child health assistance under sight of activities carried out under this Rehabilitation Act of 1973 (29 U.S.C. 796d), title XIX or XXI of the Social Security Act chapter and chapter 4.’’. and centers for independent living defined in (42 U.S.C. 1396 et seq. and 1397aa et seq.), ben- (C) ALLOWABLE STATEWIDE EMPLOYMENT section 702 of the Rehabilitation Act of 1973 efits under the Food Stamp Act of 1977 (7 AND TRAINING ACTIVITIES.—Section (29 U.S.C. 796a); U.S.C. 2011 et seq.), the earned income tax 134(a)(3)(A) (29 U.S.C. 2864(a)(3)(A) is amend- ‘‘(V) to develop and disseminate workforce credit under section 32 of the Internal Rev- ed to read as follows: and labor market information; enue Code of 1986, and assistance under a ‘‘(A) IN GENERAL.—Funds reserved by a ‘‘(VI) to improve coordination with the State program funded under part A of title Governor for a State under sections 128(a)(1) corrections system to facilitate provision of IV of the Social Security Act (42 U.S.C. 601 and 133(a)(1) and not used under paragraph training services and employment opportuni- et seq.) and other supportive services and (1)(A) or (2)(B) (regardless of whether the ties that will assist ex-offenders in reen- transportation provided through funds made funds were allotted to the State under sec- available under such part, available in the tering the workforce; and tion 127(b)(1)(C) or paragraph (1)(B) or (2)(B) local area, and referral to such services or ‘‘(VII) to promote financial literacy, in- of section 132(b)) may be used to carry out assistance as appropriate;’’; and cluding carrying out activities described in additional statewide employment and train- (vii) in subparagraph (J), by striking section 129(b)(1)(I); ing activities, which may include— ‘‘for—’’ and all that follows through ‘‘(ii) ‘‘(ix) conducting— ‘‘(i) implementing innovative programs programs’’ and inserting ‘‘for programs’’. ‘‘(I) research; and and strategies designed to meet the needs of (C) INTENSIVE SERVICES.—Section 134(d)(3) all businesses in the State, including small ‘‘(II) demonstration projects; and (29 U.S.C. 2864(d)(3)) is amended— businesses, which may include incumbent ‘‘(x) adopting, calculating, or commis- (i) by striking subparagraph (A) and insert- worker training programs, sectoral and in- sioning a minimum self-sufficiency standard ing the following: that specifies the income needs of families, dustry cluster strategies and partnerships, ‘‘(A) IN GENERAL.— by family size, the number and ages of chil- including regional skills alliances, career ‘‘(i) ELIGIBILITY.—Except as provided in ladder programs, micro-enterprise and entre- dren in the family, and sub-State geo- clause (ii), funds allocated to a local area for preneurial training and support programs, graphical considerations.’’. adults under paragraph (2)(A) or (3), as ap- utilization of effective business inter- (2) REQUIRED LOCAL EMPLOYMENT AND propriate, of section 133(b), and funds allo- mediaries, activities to improve linkages be- TRAINING ACTIVITIES.— cated to the local area for dislocated workers tween the one-stop delivery system in the (A) ALLOCATED FUNDS.—Section 134(d)(1)(A) under section 133(b)(2)(B), shall be used to State and all employers (including small em- (29 U.S.C. 2864(d)(1)(A)) is amended— provide intensive services to adults and dis- ployers) in the State, and other business (i) in clause (i), by striking ‘‘described in located workers, respectively— services and strategies that better engage subsection (c)’’; ‘‘(I) who are unemployed and who, after an employers in workforce investment activi- (ii) in clause (iii), by striking ‘‘and’’ at the interview, evaluation, or assessment, have ties and make the workforce investment sys- end; been determined by a one-stop operator or tem more relevant to the needs of State and (iii) in clause (iv), by striking the period one-stop partner to be— local businesses, consistent with the objec- and inserting a semicolon; and ‘‘(aa) unlikely or unable to obtain employ- tives of this title; (iv) by adding at the end the following: ment, that leads to self-sufficiency or wages ‘‘(ii) developing strategies for effectively ‘‘(v) to designate a dedicated business liai- comparable to or higher than previous em- serving hard-to-serve populations and for co- son in the local area who may be funded with ployment, through core services described in ordinating programs and services among funds provided under this title or from other paragraph (2); and one-stop partners; sources to establish and develop relation- ‘‘(bb) in need of intensive services to ob- ‘‘(iii) implementing innovative programs ships and networks with large and small em- tain employment that leads to self-suffi- for displaced homemakers, which for pur- ployers and their intermediaries; and ciency or wages comparable to or higher poses of this clause may include an indi- ‘‘(vi) in order to improve service delivery than previous employment; or vidual who is receiving public assistance and to avoid duplication of services and enhance ‘‘(II) who are employed, but who, after an is within 2 years of exhausting lifetime eligi- coordination of services, to require the co- interview, evaluation, or assessment are de- bility under part A of title IV of the Social location of employment services provided termined by a one-stop operator or one-stop Security Act (42 U.S.C. 601 et seq.); under the Wagner-Peyser Act (29 U.S.C. 49 et partner to be in need of intensive services to ‘‘(iv) implementing programs to increase seq.) at the one-stop centers.’’. obtain or retain employment that leads to the number of individuals training for and (B) CORE SERVICES.—Section 134(d)(2) (29 self-sufficiency. placed in nontraditional employment; U.S.C. 2864(d)(2)) is amended— ‘‘(ii) SPECIAL RULE.—A new interview, eval- ‘‘(v) carrying out activities to facilitate re- (i) in the matter preceding subparagraph uation, or assessment of a participant is not mote access to services, including training (A), by striking ‘‘paragraph (1)(A)’’ and in- required under clause (i) if the one-stop oper- services described in subsection (d)(4), pro- serting ‘‘paragraph (1)’’; ator or one-stop partner determines that it vided through a one-stop delivery system, in- (ii) in subparagraph (C), by inserting ‘‘(in- is appropriate to use a recent assessment of cluding facilitating access through the use of cluding literacy, numeracy, and English lan- the participant conducted pursuant to an- technology; guage proficiency)’’ after ‘‘skill levels’’; other education or training program.’’; and ‘‘(vi) supporting the provision of core serv- (iii) by striking subparagraph (D) and in- (ii) in subparagraph (C)— ices described in subsection (d)(2) in the one- serting the following: (I) in clause (v), by striking ‘‘for partici- stop delivery system in the State; ‘‘(D) labor exchange services, including— pants seeking training services under para- ‘‘(vii) coordinating with the child welfare ‘‘(i) job search and placement assistance graph (4)’’; and system to facilitate services for children in and, in appropriate cases, career counseling, (II) by adding at the end the following: foster care and those who are eligible for as- including— ‘‘(vii) Internships and work experience. sistance under section 477 of the Social Secu- ‘‘(I) exposure to high wage, high skill jobs; ‘‘(viii) Literacy activities relating to basic rity Act (42 U.S.C. 677); and work readiness. ‘‘(viii) activities— ‘‘(II) nontraditional employment; and ‘‘(ix) Financial literacy services, such as ‘‘(I) to improve coordination between ‘‘(ii) appropriate recruitment and other activities described in section 129(b)(1)(I). workforce investment activities carried out business services for all employers, including ‘‘(x) Out-of-area job search assistance and within the State involved and economic de- small employers, in the local area, which relocation assistance. velopment activities, and to promote entre- may include services described in this sub- ‘‘(xi) English language acquisition and in- preneurial skills training and microenter- section, including information and referral tegrated training programs.’’. prise services; to specialized business services not tradi- (D) TRAINING SERVICES.—Section 134(d)(4) ‘‘(II) to improve coordination between em- tionally offered through the one-stop deliv- (29 U.S.C. 2864(d)(4)) is amended— ployment and training assistance, child sup- ery system;’’; (i) by striking subparagraph (A) and insert- port services, and assistance provided by (iv) in subparagraph (E)(iii)— ing the following: State and local agencies carrying out part D (I) by inserting ‘‘, career ladders,’’ after ‘‘(A) IN GENERAL.— of title IV of the Social Security Act (42 ‘‘earnings’’; and ‘‘(i) ELIGIBILITY.—Except as provided in U.S.C. 651 et seq.); (II) by striking ‘‘and’’ at the end; clause (ii), funds allocated to a local area for ‘‘(III) to improve coordination between em- (v) in subparagraph (F)— adults under paragraph (2)(A) or (3), as ap- ployment and training assistance and coop- (I) by striking ‘‘and program cost informa- propriate, of section 133(b), and funds allo- erative extension programs carried out by tion’’; and cated to the local area for dislocated workers the Department of Agriculture; (II) by striking ‘‘described in section 123’’; under section 133(b)(2)(B), shall be used to

VerDate Aug 04 2004 05:43 May 13, 2005 Jkt 039060 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.077 S12PT1 S5128 CONGRESSIONAL RECORD — SENATE May 12, 2005 provide training services to adults and dis- (cc) in subclause (II) by striking ‘‘or’’ after ‘‘(x) training programs for displaced home- located workers, respectively— the semicolon; makers and for individuals training for non- ‘‘(I) who, after an interview, evaluation, or (dd) in subclause (III), by striking ‘‘special traditional occupations, in conjunction with assessment, and case management, have participant populations that face multiple programs operated in the local area; been determined by a one-stop operator or barriers to employment’’ and inserting ‘‘(xi) using a portion of the funds allocated one-stop partner, as appropriate, to— ‘‘hard-to-serve populations’’; under section 133(b), activities to carry out ‘‘(aa) be unlikely or unable to obtain or re- (ee) in subclause (III), by striking the pe- business services and strategies that meet tain employment, that leads to self-suffi- riod and inserting ’‘‘; or’’; and the workforce investment needs of local area ciency or wages comparable to or higher (ff) by adding at the end the following: employers, as determined by the local board, than previous employment, through the in- ‘‘(IV) the local board determines that it consistent with the local plan under section tensive services described in paragraph (3); would be most appropriate to award a con- 118, which services— ‘‘(bb) be in need of training services to ob- tract to an institution of higher education in ‘‘(I) may be provided through effective tain or retain employment that leads to self- order to facilitate the training of multiple business intermediaries working in conjunc- sufficiency or wages comparable to or higher individuals in high-demand occupations, if tion with the local board, and may also be than previous employment; and such contract does not limit customer provided on a fee-for-service basis or through ‘‘(cc) have the skills and qualifications to choice.’’; and the leveraging of economic development and successfully participate in the selected pro- (IV) in clause (iv)— other resources as determined appropriate by gram of training services; (aa) by redesignating subclause (IV) as sub- the local board; and clause (V); and ‘‘(II) may include— ‘‘(II) who select programs of training serv- (bb) by inserting after subclause (III) the ‘‘(aa) identifying and disseminating to ices that are directly linked to the employ- following: business, educators, and job seekers, infor- ment opportunities in the local area or re- ‘‘(IV) Individuals with disabilities.’’. mation related to the workforce, economic gion involved or in another area to which the (3) PERMISSIBLE ACTIVITIES.—Section 134(e) and community development needs, and op- adults or dislocated workers are willing to (29 U.S.C. 2864(e)) is amended— portunities of the local economy; commute or relocate; (A) by striking the matter preceding para- ‘‘(bb) development and delivery of innova- ‘‘(III) who meet the requirements of sub- graph (2) and inserting the following: tive workforce investment services and paragraph (B); and ‘‘(e) PERMISSIBLE LOCAL EMPLOYMENT AND strategies for area businesses, which may in- ‘‘(IV) who are determined to be eligible in TRAINING ACTIVITIES.— clude sectoral, industry cluster, regional accordance with the priority system in effect ‘‘(1) IN GENERAL.— skills alliances, career ladder, skills upgrad- under subparagraph (E). ‘‘(A) ACTIVITIES.—Funds allocated to a ing, skill standard development and certifi- ‘‘(ii) SPECIAL RULE.—A new interview, eval- local area for adults under paragraph (2)(A) cation, apprenticeship, and other effective uation, or assessment of a participant is not or (3), as appropriate, of section 133(b), and initiatives for meeting the workforce invest- required under clause (i) if the one-stop oper- funds allocated to the local area for dis- ment needs of area employers and workers; ator or one-stop partner determines that it located workers under section 133(b)(2)(B), ‘‘(cc) participation in seminars and classes is appropriate to use a recent assessment of may be used to provide, through the one-stop offered in partnership with relevant organi- the participant conducted pursuant to an- delivery system involved— zations focusing on the workforce-related other education or training program.’’; ‘‘(i) customized screening and referral of needs of area employers and job seekers; (ii) in subparagraph (B)(i), by striking ‘‘Ex- qualified participants in training services de- ‘‘(dd) training consulting, needs analysis, cept’’ and inserting ‘‘Notwithstanding sec- scribed in subsection (d)(4) to employment; and brokering services for area businesses, tion 479B of the Higher Education Act of 1965 ‘‘(ii) customized employment-related serv- including the organization and aggregation (20 U.S.C. 1087uu) and except’’; ices to employers on a fee-for-service basis; of training (which may be paid for with funds (iii) in subparagraph (D)— ‘‘(iii) customer support to enable members other than those provided under this title), (I) in clause (viii), by striking ‘‘and’’ after of hard-to-serve populations, including indi- for individual employers and coalitions of the semicolon; viduals with disabilities, to navigate among employers with similar interests, products, (II) in clause (ix), by striking the period multiple services and activities for such pop- or workforce needs; and inserting ‘‘; and’’; and ulations; ‘‘(ee) assistance to area employers in the (III) by adding at the end the following: ‘‘(iv) technical assistance and capacity aversion of layoffs and in managing reduc- ‘‘(x) English language acquisition and inte- building for serving individuals with disabil- tions in force in coordination with rapid re- grated training programs.’’; ities in local areas, for one-stop operators, sponse activities; (iv) in subparagraph (F)— one-stop partners, and eligible providers, in- ‘‘(ff) the marketing of business services of- (I) in clause (ii), by striking ‘‘referred to in cluding the development and training of fered under this title, to appropriate area subsection (c), shall make available—’’ and staff, the provision of outreach, intake, as- employers, including small and mid-sized all that follows and inserting ‘‘shall make sessments, and service delivery, and the de- employers; available a list of eligible providers of train- velopment of performance measures; ‘‘(gg) information referral on concerns af- ing services, and accompanying information, ‘‘(v) employment and training assistance fecting local employers; and in accordance with section 122(d).’’; provided in coordination with child support ‘‘(hh) other business services and strate- (II) in the heading of clause (iii), by strik- enforcement activities of the State and local gies designed to better engage employers in ing ‘‘INDIVIDUAL TRAINING ACCOUNTS’’ and in- agencies carrying out part D of title IV of workforce investment activities and to make serting ‘‘CAREER SCHOLARSHIP ACCOUNTS’’; the Social Security Act (42 U.S.C. 651 et the workforce investment system more rel- (III) in clause (iii)— seq.); evant to the workforce investment needs of (aa) by striking ‘‘identifying information’’ ‘‘(vi) activities to improve coordination be- area businesses, as determined by the local and inserting ‘‘accompanying information’’; tween employment and training assistance, board to be consistent with the objectives of (bb) by striking ‘‘clause (ii)(I)’’ and insert- child support services, and assistance pro- this title; ing ‘‘clause (ii)’’; and vided by State and local agencies carrying ‘‘(xii) activities to adjust the self-suffi- (cc) by striking ‘‘an individual training ac- out part D of title IV of the Social Security ciency standards for local factors, or activi- count’’ and inserting ‘‘a career scholarship Act (42 U.S.C. 651 et seq.); ties to adopt, calculate, or commission a account’’; and ‘‘(vii) activities to improve coordination self-sufficiency standard that specifies the (IV) by adding at the end the following: between employment and training assistance income needs of families, by family size, the ‘‘(iv) COORDINATION.—Each local board and cooperative extension programs carried number and ages of children in the family, may, through one-stop centers, coordinate out by the Department of Agriculture; and sub-State geographical considerations; career scholarship accounts with other Fed- ‘‘(viii) activities to facilitate remote ac- and eral, State, local, or private job training pro- cess to services provided through a one-stop ‘‘(xiii) improved coordination between em- grams or sources to assist the individual in delivery system, including facilitating ac- ployment and training assistance and pro- obtaining training services.’’; and cess through the use of technology; grams carried out in the local area for indi- (v) in subparagraph (G)— ‘‘(ix) activities— viduals with disabilities, including programs (I) in the subparagraph heading, by strik- ‘‘(I) to improve coordination between carried out by State agencies relating to ing ‘‘INDIVIDUAL TRAINING ACCOUNTS’’ and in- workforce investment activities carried out mental retardation and developmental dis- serting ‘‘CAREER SCHOLARSHIP ACCOUNTS’’; within the local area involved and economic abilities, Statewide Independent Living (II) in clause (i), by striking ‘‘individual development activities, and to promote en- Councils established under section 705 of the training accounts’’ and inserting ‘‘career trepreneurial skills training and microenter- Rehabilitation Act of 1973 (29 U.S.C. 796d), scholarship accounts’’; prise services; and and centers for independent living defined in (III) in clause (ii)— ‘‘(II) to improve services and linkages be- section 702 of the Rehabilitation Act of 1973 (aa) by striking ‘‘an individual training ac- tween the local workforce investment sys- (29 U.S.C. 796a). count’’ and inserting ‘‘a career scholarship tem including the local one-stop delivery ‘‘(B) WORK SUPPORT ACTIVITIES FOR LOW- account’’; system, and all employers, including small WAGE WORKERS.— (bb) in subclause (II), by striking ‘‘indi- employers in the local area, through services ‘‘(i) IN GENERAL.—Funds allocated to a vidual training accounts’’ and inserting ‘‘ca- described in this section, including subpara- local area for adults under paragraph (2)(A) reer scholarship accounts’’; graph (B); or (3), as appropriate, of section 133(b), and

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.077 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5129 funds allocated to the local area for dis- ‘‘(III) increases in earnings from unsub- Secretary shall establish long-term national located workers under section 133(b)(2)(B), sidized employment; and’’; and goals for the adjusted levels of performance may be used to provide, through the one-stop (iii) in subclause (IV), by striking ‘‘, or by for that systemwide performance to be delivery system involved, work support ac- participants’’ and all that follows through achieved by the programs assisted under tivities designed to assist low-wage workers ‘‘unsubsidized employment’’; and chapters 4 and 5 on the core indicators of in retaining and enhancing employment. The (B) by striking clause (ii) and inserting the performance described in subparagraphs (A) one-stop partners shall coordinate the appro- following: and (B) of subsection (b)(2). Such goals shall priate programs and resources of the part- ‘‘(ii) CORE INDICATORS FOR ELIGIBLE be established in accordance with the Gov- ners with the activities and resources pro- YOUTH.—The core indicators of performance ernment Performance and Results Act of 1993 vided under this subparagraph. for youth activities authorized under section in consultation with the States and other ap- ‘‘(ii) ACTIVITIES.—The activities described 129 shall consist of— propriate parties.’’; and in clause (i) may include the provision of ac- ‘‘(I) entry into employment, education or (D) in clause (vi)— tivities described in this section through the advanced training, or military service; (i) by striking ‘‘or (v)’’; and one-stop delivery system in a manner that ‘‘(II) school retention, and attainment of (ii) by striking ‘‘with the representatives enhances the opportunities of such workers secondary school diplomas or their recog- described in subsection (i)’’ and inserting to participate in the activities, such as the nized equivalents and of postsecondary cer- ‘‘with the States and other interested par- provision of activities described in this sec- tificates; and ties’’. tion during nontraditional hours and the ‘‘(III) literacy or numeracy gains.’’. (b) LOCAL PERFORMANCE MEASURES.—Sec- provision of onsite child care while such ac- (2) ADDITIONAL INDICATORS.—Section tion 136(c)(3) (29 U.S.C. 2871(c)(3))— tivities are being provided.’’; 136(b)(2)(C) (29 U.S.C. 2871(b)(2)(C)) is amend- (1) by striking ‘‘shall take into account’’ (B) in paragraph (2), by striking the matter ed to read as follows: and inserting ‘‘shall ensure that the levels preceding subparagraph (A) and inserting the ‘‘(C) ADDITIONAL INDICATORS.—A State may involved are adjusted, using objective statis- following: identify in the State plan additional indica- tical methods, based on’’; ‘‘(2) SUPPORTIVE SERVICES.—Funds allo- tors for workforce investment activities (2) by inserting ‘‘(characteristics such as cated to a local area for adults under para- under this subtitle, including indicators unemployment rates and job losses or gains graph (2)(A) or (3), as appropriate, of section identified in collaboration with State busi- in particular industries)’’ after ‘‘economic’’; 133(b), and funds allocated to the local area ness and industry associations, with em- and for dislocated workers under section ployee representatives where applicable, and (3) by inserting ‘‘(characteristics such as 133(b)(2)(B), may be used to provide sup- with local boards, to measure the perform- indicators of poor work history, lack of work portive services to adults and dislocated ance of the workforce investment system in experience, lack of educational and occupa- workers, respectively—’’; and serving the workforce needs of business and tional skills attainment, dislocation from (C) by adding at the end the following: industry in the State.’’. high-wage and benefit employment, low lev- ‘‘(4) INCUMBENT WORKER TRAINING PRO- (3) LEVELS OF PERFORMANCE.—Section els of literacy or English proficiency, dis- GRAMS.— 136(b)(3)(A) (29 U.S.C. 2871(b)(3)(A)) is amend- ability status, homelessness, ex-offender sta- ‘‘(A) IN GENERAL.—The local board may use ed— up to 10 percent of the funds allocated to the (A) in clause (iii)— tus, and welfare dependency)’’ after ‘‘demo- graphic’’. local area involved under section 133(b) to (i) in the heading, by striking ‘‘FOR FIRST 3 pay for the Federal share of the cost of pro- YEARS’’; (c) REPORT.—Section 136(d) (29 U.S.C. viding training through an incumbent work- (ii) by striking ‘‘and the customer satisfac- 2871(d)) is amended— er training program carried out in accord- tion indicator of performance, for the first 3’’ (1) in paragraph (1), by adding at the end ance with this paragraph. The Governor or and inserting ‘‘described in clauses (i) and the following: ‘‘In the case of a State or local State board may make recommendations to (ii) of paragraph (2)(A) and the customer sat- area that chooses to expend funds for activi- the local board regarding incumbent worker isfaction indicator of performance, for the ties under subsection (a)(3)(A)(i) or training with statewide impact. first 2’’; and (e)(1)(A)(xi), respectively, of section 134, the ‘‘(B) TRAINING ACTIVITIES.—The training (iii) by inserting at the end the following: report also shall include the amount of such program for incumbent workers carried out ‘‘Agreements on levels of performance for funds so expended and the percentage that under this paragraph shall be carried out by each of the core indicators of performance such funds are of the funds available for ac- the local board in conjunction with the em- for the third and fourth program years cov- tivities under section 134.’’; ployers or groups of employers of such work- ered by the State plan shall be reached prior (2) in paragraph (2)— ers for the purpose of assisting such workers to the beginning of the third program year (A) in subparagraph (E)— in obtaining the skills necessary to retain covered by the State plan, and incorporated (i) by striking ‘‘(excluding participants employment or avert layoffs. as a modification to the State plan.’’; who received only self-service and informa- ‘‘(C) EMPLOYER SHARE REQUIRED.— (B) in clause (iv)— tional activities)’’; and ‘‘(i) IN GENERAL.—Employers participating (i) in the matter preceding subclause (I), by (ii) by striking ‘‘and’’ after the semicolon; in the program carried out under this para- striking ‘‘or (v)’’; (B) in subparagraph (F)— graph shall be required to pay the non-Fed- (ii) in subclause (II)— (i) by inserting ‘‘noncustodial parents with eral share of the costs of providing the train- (I) by striking ‘‘taking into account’’ and child support obligations, homeless individ- ing to incumbent workers of the employers. inserting ‘‘and shall ensure that the levels uals,’’ after ‘‘displaced homemakers,’’; and The local board shall establish the non-Fed- involved are adjusted, using objective statis- (ii) by striking the period and inserting a eral share of such costs, which may include tical methods, based on’’; semicolon; and in-kind contributions. The non-Federal share (II) by inserting ‘‘(such as differences in (C) by adding at the end the following: shall not be less than— unemployment rates and job losses or gains ‘‘(G) the number of participants who have ‘‘(I) 10 percent of the costs, for employers in particular industries)’’ after ‘‘economic received services, other than followup serv- with 50 or fewer employees; conditions’’; ices, authorized under this title; ‘‘(II) 25 percent of the costs, for employers (III) by inserting ‘‘(such as indicators of ‘‘(H) the number of participants who have with more than 50 employees but fewer than poor work history, lack of work experience, received services, other than followup serv- 100 employees; and lack of educational or occupational skills at- ices, authorized under this title, in the form ‘‘(III) 50 percent of the costs, for employers tainment, dislocation from high-wage and of core services described in section 134(d)(2), with 100 or more employees. benefit employment, low levels of literacy or intensive services described in section ‘‘(ii) CALCULATION OF EMPLOYER SHARE.— English proficiency, disability status, home- 134(d)(3), and training services described in The non-Federal share paid by such an em- lessness, ex-offender status, and welfare de- section 134(d)(4), respectively; ployer may include the amount of the wages pendency)’’ after ‘‘program’’; and ‘‘(I) the number of participants who have paid by the employer to a worker while the (IV) by striking ‘‘and’’ at the end; received followup services authorized under worker is attending a training program (iii) in subclause (III), by striking the pe- this title; under this paragraph.’’. riod and inserting ‘‘; and’’; and ‘‘(J) the cost per participant for services SEC. 122. PERFORMANCE ACCOUNTABILITY SYS- (iv) by adding at the end the following: authorized under this title; and TEM. ‘‘(IV) the extent to which the levels in- ‘‘(K) the amount of adult and dislocated (a) STATE PERFORMANCE MEASURES.— volved will assist the State in meeting the worker funds spent on— (1) INDICATORS OF PERFORMANCE.—Section national goals described in clause (v).’’; ‘‘(i) core, intensive, and training services, 136(b)(2)(A) (29 U.S.C. 2871(b)(2)(A)) is amend- (C) by striking clause (v) and inserting the respectively; and ed— following: ‘‘(ii) services provided under subsection (A) in clause (i)— ‘‘(v) ESTABLISHMENT OF NATIONAL GOALS.— (a)(3)(A)(i) or (e)(1)(A)(xi) of section 134, if (i) in the matter preceding subclause (I), by In order to promote enhanced performance applicable.’’; and striking ‘‘and (for participants who are eligi- outcomes on the performance measures and (3) by adding at the end the following: ble youth age 19 through 21) for youth activi- to facilitate the process of reaching agree- ‘‘(4) DATA VALIDATION.—In preparing the ties authorized under section 129’’; ments with the States under clause (iii) and reports described in this subsection, the (ii) by striking subclause (III) and insert- to measure systemwide performance for the States shall establish procedures, consistent ing the following: one-stop delivery systems of the States, the with guidelines issued by the Secretary, to

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.077 S12PT1 S5130 CONGRESSIONAL RECORD — SENATE May 12, 2005 ensure that the information contained in the ‘‘(ff) integration of performance informa- U.S.C. 2872(c)) is amended by striking ‘‘such reports is valid and reliable.’’. tion systems and common measures for ac- sums as may be necessary for each of fiscal (d) EVALUATION OF STATE PROGRAMS.—Sec- countability across workforce and education years 1999 through 2003’’ and inserting ‘‘such tion 136(e)(3) is amended by inserting ‘‘, in- programs. sums as may be necessary for each of fiscal cluding information on promoting self-suffi- ‘‘(3) USE OF FUNDS.—The funds awarded to years 2006 through 2011’’. ciency and comparable pay between men and a local area under this subsection may be Subtitle C—Job Corps women’’ after ‘‘employers’’. used to carry out activities authorized for SEC. 131. JOB CORPS. (e) SANCTIONS FOR STATE.—Section 136(g) is local areas and such innovative projects or (a) ELIGIBILITY.—Section 144(3) (29 U.S.C. amended— programs that increase coordination and en- 2884(3)) is amended by adding at the end the (1) in paragraph (1)(B), by striking ‘‘If such hance service to program participants, par- following: failure continues for a second consecutive ticularly hard-to-serve populations, as may ‘‘(F) A child eligible for assistance under year’’ and inserting ‘‘If a State performs at be approved by the Governor, including— section 477 of the Social Security Act (42 less than 80 percent of the adjusted level of ‘‘(A) activities that support business needs, U.S.C. 677).’’. performance for core indicators of perform- especially for incumbent workers and en- (b) IMPLEMENTATION OF STANDARDS AND ance described in subsection (b)(2)(A) for 2 hancing opportunities for retention and ad- PROCEDURES.—Section 145(a)(3) (29 U.S.C. consecutive years’’; and vancement; 2885(a)(3)) is amended— (2) in paragraph (2), by striking ‘‘section ‘‘(B) activities that support linkages with (1) in subparagraph (B), by striking ‘‘and’’ 503’’ and inserting ‘‘subsection (i)(1)’’. secondary, postsecondary, or career and after the semicolon; (f) SANCTIONS FOR LOCAL AREA.—Section technical education programs, including ac- (2) in subparagraph (C), by striking the pe- 136(h)(2)(A) (29 U.S.C. 2871(h)(2)(A)) is amend- tivities under the Carl D. Perkins Vocational riod and inserting ‘‘; and’’; and ed— and Technical Education Act of 1998 (20 (3) by adding at the end the following: (1) in the matter preceding clause (i), by U.S.C. 2301 et seq.), the Adult Education and ‘‘(D) child welfare agencies that are re- striking ‘‘If such failure continues for a sec- Family Literacy Act (20 U.S.C. 9201 et seq.), sponsible for children in foster care and chil- ond consecutive year’’ and inserting ‘‘If a and the Rehabilitation Act of 1973 (29 U.S.C. dren eligible for assistance under section 477 local area performs at less than 80 percent of 701 et seq.); of the Social Security Act (42 U.S.C. 677).’’. the adjusted level of performance for core in- ‘‘(C) activities that support regional eco- (c) INDUSTRY COUNCILS.—Section 154(b) (29 dicators of performance described in sub- nomic development plans that support high- U.S.C. 2894(b)) is amended— section (b)(2)(A) for 2 consecutive years’’; wage, high-skill, or high-demand occupa- (1) in paragraph (1)(A), by striking ‘‘local (2) in clause (ii), by striking ‘‘or’’ after the tions leading to self-sufficiency; and distant’’; and semicolon; ‘‘(D) activities that coordinate workforce (2) by adding at the end the following: (3) by redesignating clause (iii) as clause investment programs with other Federal and ‘‘(3) EMPLOYERS OUTSIDE OF LOCAL AREA.— (iv); and State programs related to the activities The industry council may include, or other- (4) by inserting after clause (ii) the fol- under this Act; wise provide for consultation with, employ- lowing: ‘‘(E) activities that support the develop- ers from outside the local area who are like- ‘‘(iii) redesignate the local area in accord- ment of an integrated performance informa- ly to hire a significant number of enrollees ance with section 116(b)(2); or’’. tion system that includes common measures; from the Job Corps center. (g) INCENTIVE GRANTS.—Section 136(i) (29 ‘‘(F) activities that align management in- ‘‘(4) SPECIAL RULE FOR SINGLE LOCAL AREA U.S.C. 2871(i)) is amended to read as follows: formation systems with integrated perform- STATES.—In the case of a single local area ‘‘(i) INCENTIVE GRANTS FOR LOCAL AREAS.— ance information across education and work- State designated under section 116(b), the in- ‘‘(1) IN GENERAL.—From funds reserved force programs; dustry council shall include a representative under sections 128(a) and 133(a)(1), the Gov- ‘‘(G) activities that support activities to of the State Board.’’. ernor involved shall award incentive grants improve performance and program coordina- (d) INDICATORS OF PERFORMANCE.—Section to local areas for performance described in tion with other training providers; or 159 (29 U.S.C. 2899) is amended— paragraph (2) in carrying out programs under ‘‘(H) activities that leverage additional (1) in subsection (c)— chapters 4 and 5. training resources for adults and youth. (A) by striking paragraph (1) and inserting ‘‘(2) BASIS.—The Governor shall award the ‘‘(4) TECHNICAL ASSISTANCE.—The Governor the following: grants on the basis that the local areas— shall reserve 4 percent of the funds available ‘‘(1) PERFORMANCE INDICATORS.—The Sec- ‘‘(A) have exceeded the performance meas- for grants under this subsection to provide retary shall annually establish expected lev- ures established under subsection (c)(2) re- technical assistance to local areas to rep- els of performance for Job Corps centers and lating to indicators described in subsection licate best practices or to develop integrated the Job Corps program relating to each of (b)(3)(A)(iii); or performance information systems and the core indicators of performance for youth ‘‘(B) have— strengthen coordination with education and activities identified in section ‘‘(i) met the performance measures estab- regional economic development.’’. 136(b)(2)(A)(ii).’’; lished under subsection (c)(2) relating to in- (h) USE OF CORE MEASURES IN OTHER DE- (B) in paragraph (2), by striking ‘‘meas- dicators described in subsection (b)(3)(A)(iii); PARTMENT OF LABOR PROGRAMS.—Section 136 ures’’ each place it appears and inserting and (29 U.S.C. 2871) is amended by adding at the ‘‘indicators’’; and ‘‘(ii) demonstrated— end the following: (C) in paragraph (3)— ‘‘(I) exemplary coordination of Federal ‘‘(j) USE OF CORE INDICATORS FOR OTHER (i) in the first sentence, by striking ‘‘core workforce and education programs, state- PROGRAMS.—In addition to the programs car- performance measures, as compared to the wide economic development, or business ried out under chapters 4 and 5, and con- expected performance level for each perform- needs; sistent with the requirements of the applica- ance measure’’ and inserting ‘‘performance ‘‘(II) exemplary performance in the State ble authorizing laws, the Secretary shall use indicators described in paragraph (1), as in serving hard-to-serve populations; or the indicators of performance described in compared to the expected level of perform- ‘‘(III) effective— subparagraphs (A) and (B) of subsection (b)(2) ance established under paragraph (1) for each ‘‘(aa) coordination of multiple systems to assess the effectiveness of the programs performance measure’’; and into a comprehensive workforce investment described in clauses (i), (ii), and (vi) of sec- (ii) in the second sentence, by striking system, including coordination of employ- tion 121(b)(1)(B) that are carried out by the ‘‘measures’’ each place it appears and insert- ment services under the Wagner-Peyser Act Secretary.’’. ing ‘‘indicators’’; and (29 U.S.C. 49 et seq.) and core activities under (i) PREVIOUS DEFINITIONS OF CORE INDICA- (2) in subsection (f)(2), in the first sen- this title as well as one-stop partner pro- TORS.—Section 502 (29 U.S.C. 9272) is re- tence, by striking ‘‘core performance meas- grams described in section 121; pealed. ures’’ and inserting ‘‘indicators of perform- ‘‘(bb) expansion of access to training, in- SEC. 123. AUTHORIZATION OF APPROPRIATIONS. ance’’. cluding through increased leveraging of re- (a) YOUTH ACTIVITIES.—Section 137(a) (29 (e) AUTHORIZATION OF APPROPRIATIONS.— sources other than those funded through pro- U.S.C. 2872(a)) is amended by striking ‘‘such Section 161 (29 U.S.C. 2901) is amended by grams under this title; sums as may be necessary for each of fiscal striking ‘‘1999 through 2003’’ and inserting ‘‘(cc) implementation of coordination ac- years 1999 through 2003’’ and inserting ‘‘such ‘‘2006 through 2011’’. tivities through agreements with relevant sums as may be necessary for each of fiscal Subtitle D—National Programs regional or local agencies and offices, includ- years 2006 through 2011’’. SEC. 141. NATIVE AMERICAN PROGRAMS. ing those responsible for programs under the (b) ADULT EMPLOYMENT AND TRAINING AC- (a) ADVISORY COUNCIL.—Section 166(h)(4)(C) Adult Education and Family Literacy Act TIVITIES.—Section 137(b) (29 U.S.C. 2872(b)) is (29 U.S.C. 2911(h)(4)(C)) is amended to read as (20 U.S.C. 9201 et seq.) and the Rehabilitation amended by striking ‘‘such sums as may be follows: Act of 1973 (29 U.S.C. 701 et seq.); necessary for each of fiscal years 1999 ‘‘(C) DUTIES.—The Council shall advise the ‘‘(dd) regional coordination with other through 2003’’ and inserting ‘‘such sums as Secretary on the operation and administra- local workforce investment boards or areas; may be necessary for each of fiscal years 2006 tion of the programs assisted under this sec- ‘‘(ee) alignment of management informa- through 2011’’. tion, including the selection of the indi- tion systems to integrate participant infor- (c) DISLOCATED WORKER EMPLOYMENT AND vidual appointed as head of the unit estab- mation across programs; or TRAINING ACTIVITIES.—Section 137(c) (29 lished under paragraph (1).’’.

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.078 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5131

(b) ASSISTANCE TO UNIQUE POPULATIONS IN employment, self-employment and related ‘‘(2) the Secretary may use not more than ALASKA AND HAWAII.—Section 166(j) (29 business or micro-enterprise development or 20 percent to award competitive grants under U.S.C. 2911(j)) is amended to read as follows: education as needed by eligible individuals subsection (c). ‘‘(j) ASSISTANCE TO UNIQUE POPULATIONS IN and as identified pursuant to the plan re- ‘‘(b) COMPETITIVE GRANTS TO STATES AND ALASKA AND HAWAII.— quired by subsection (c), customized career LOCAL AREAS.— ‘‘(1) IN GENERAL.—Notwithstanding any and technical education in occupations that ‘‘(1) ESTABLISHMENT.—From the funds de- other provision of law, the Secretary is au- will lead to higher wages, enhanced benefits, scribed in subsection (a)(1), the Secretary thorized to provide assistance to the Cook and long-term employment in agriculture or shall award competitive grants to eligible Inlet Tribal Council, Incorporated, and the another area, and technical assistance to im- entities to carry out activities authorized University of Hawaii at Maui, for the unique prove coordination of services and imple- under this subsection to assist eligible youth populations who reside in Alaska or Hawaii, ment best practices relating to service deliv- in acquiring the skills, credentials, and em- to improve job training and workforce in- ery through one-stop delivery systems.’’; ployment experience necessary to achieve vestment activities. (5) in subsection (f), by striking ‘‘take into the performance outcomes for youth de- ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— account the economic circumstances and de- scribed in section 136. There are authorized to be appropriated to mographics of eligible migrant and seasonal ‘‘(2) ELIGIBLE ENTITY.—In this subsection, carry out this subsection such sums as may farmworkers.’’ and inserting ‘‘are adjusted the term ‘eligible entity’ means— be necessary for fiscal year 2006.’’. based on the economic and demographic bar- ‘‘(A) a State or consortium of States; (c) PERFORMANCE INDICATORS.—Section 166 riers to employment of eligible migrant and ‘‘(B) a local board or consortium of local (29 U.S.C. 2911) is amended by adding at the seasonal farmworkers.’’; boards; end the following: (6) in subsection (g), by striking ‘‘(enacted ‘‘(C) a recipient of a grant under section ‘‘(k) PERFORMANCE INDICATORS.— by the Single Audit Act of 1984)’’; 166 (relating to Native American programs); ‘‘(1) DEVELOPMENT OF INDICATORS.—The (7) in subsection (h)— or Secretary, in consultation with the Native (A) by striking paragraph (1) and inserting ‘‘(D) a public or private entity (including a American Employment and Training Coun- the following: consortium of such entities) with expertise cil, shall develop a set of performance indica- ‘‘(1) DEPENDENT.—The term ‘dependent’, in the provision of youth activities, applying tors and standards which shall be applicable used with respect to an eligible migrant or in partnership with a local board or consor- to programs under this section. seasonal farmworker, means an individual tium of local boards. ‘‘(2) SPECIAL CONSIDERATIONS.—Such per- who— ‘‘(3) APPLICATIONS.—To be eligible to re- formance indicators and standards shall take ‘‘(A) was claimed as a dependent on the ceive a grant under this subsection, an eligi- into account— farmworker’s Federal income tax return for ble entity shall submit an application to the ‘‘(A) the purpose of this section as de- the previous year; Secretary at such time, in such manner, and scribed in subsection (a)(1); ‘‘(B) is the spouse of the farmworker; or containing such information as the Sec- ‘‘(B) the needs of the groups served by this ‘‘(C) is able to establish— retary may require, including— section, including the differences in needs ‘‘(i) a relationship as the farmworker’s— ‘‘(A) a description of the activities the eli- among such groups in various geographic ‘‘(I) biological or legally adopted child, gible entity will provide to eligible youth service areas; and grandchild, or great-grandchild; under this subsection, and how the eligible ‘‘(C) the economic circumstances of the ‘‘(II) foster child; entity will collaborate with State and local communities served, including differences in ‘‘(III) stepchild; workforce investment systems established circumstances among various geographic ‘‘(IV) brother, sister, half-brother, half-sis- under this title in the provision of such ac- service areas.’’. ter, stepbrother, or stepsister; tivities; SEC. 142. MIGRANT AND SEASONAL FARM- ‘‘(V) parent, grandparent, or other direct ‘‘(B) a description of the programs of dem- WORKER PROGRAMS. ancestor (but not foster parent); onstrated effectiveness on which the provi- Section 167 (29 U.S.C. 2912) is amended— ‘‘(VI) stepfather or stepmother; sion of the activities under subparagraph (A) (1) in subsection (a), by striking ‘‘2’’ and ‘‘(VII) uncle or aunt; are based, and a description of how such ac- inserting ‘‘2 to 4’’; ‘‘(VIII) niece or nephew; or tivities will expand the base of knowledge re- (2) in subsection (b), by inserting ‘‘and de- ‘‘(IX) father-in-law, mother-in-law, son-in- lating to the provision of activities for liver’’ after ‘‘administer’’; law, daughter-in-law, brother-in-law, or sis- youth; (3) in subsection (c)— ter-in-law; and ‘‘(C) a description of the State, local, and (A) in paragraph (1), by striking ‘‘2-year’’ ‘‘(ii) the receipt of over half of the individ- private resources that will be leveraged to and inserting ‘‘4-year’’; ual’s total support from the farmworker’s provide the activities described under sub- (B) in paragraph (2)— family during the eligibility determination paragraph (A) in addition to funds provided (i) in subparagraph (A)— period for the farmworker.’’; and under this subsection, and a description of (I) by inserting ‘‘describe the population to (B) in paragraph (4)(A)— the extent of the involvement of employers be served and’’ before ‘‘identify’’; and (i) by striking ‘‘disadvantaged person’’ and in the activities; (II) by inserting ‘‘, including upgraded em- inserting ‘‘low-income individual’’; and ‘‘(D) the levels of performance the eligible ployment in agriculture’’ before the semi- (ii) by inserting ‘‘and who faces multiple entity expects to achieve with respect to the colon; barriers to self-sufficiency’’ before the semi- indicators of performance for youth specified (ii) in subparagraph (B), by striking ‘‘and’’ colon; in section 136(b)(2)(A)(ii); and at the end; (8) by redesignating subsection (h) as sub- ‘‘(E) an assurance that the State board of (iii) in subparagraph (C), by striking the section (i); and each State in which the proposed activities period and inserting a semicolon; and (9) by inserting before subsection (i) the are to be carried out had the opportunity to (iv) by adding at the end the following: following: review the application, and including the ‘‘(D) describe the availability and accessi- ‘‘(h) FUNDING ALLOCATION.—From the funds comments, if any, of the affected State bility of local resources such as supportive appropriated and made available to carry out boards on the application, except that this services, services provided through one-stop this section, the Secretary shall reserve not subparagraph shall not apply to an eligible delivery systems, and education and training more than 1 percent for discretionary pur- entity described in paragraph (2)(C). services, and how the resources can be made poses, such as providing technical assistance ‘‘(4) FACTORS FOR AWARD.— available to the population to be served; and to eligible entities.’’ ‘‘(A) IN GENERAL.—In awarding grants ‘‘(E) describe the plan for providing serv- SEC. 143. VETERANS’ WORKFORCE INVESTMENT under this subsection the Secretary shall ices under this section, including strategies PROGRAMS. consider— and systems for outreach, case management, Section 168(a)(3) (29 U.S.C. 2913(a)(3)) is ‘‘(i) the quality of the proposed activities; assessment, and delivery through one-stop amended— ‘‘(ii) the goals to be achieved; delivery systems.’’; and (1) in subparagraph (A), by inserting ‘‘, in- ‘‘(iii) the likelihood of successful imple- (C) by striking paragraph (4) and inserting cluding services provided by one-stop opera- mentation; the following: tors and one-stop partners’’ before the semi- ‘‘(iv) the extent to which the proposed ac- ‘‘(4) COMPETITION.—The competition for colon; and tivities are based on proven strategies or the grants made and contracts entered into (2) in subparagraph (C), by striking ‘‘sec- extent to which the proposed activities will under this section shall be conducted every 2 tion 134(c)’’ and inserting ‘‘section 121(e)’’. expand the base of knowledge relating to the to 4 years.’’; SEC. 144. YOUTH CHALLENGE GRANTS. provision of activities for eligible youth; (4) in subsection (d), by striking ‘‘include’’ Section 169 (29 U.S.C. 2914) is amended to ‘‘(v) the extent of collaboration with the and all that follows and inserting ‘‘include read as follows: State and local workforce investment sys- outreach, employment, training, educational ‘‘SEC. 169. YOUTH CHALLENGE GRANTS. tems in carrying out the proposed activities; assistance, literary assistance, English lan- ‘‘(a) IN GENERAL.—Of the amounts reserved ‘‘(vi) the extent of employer involvement guage and literacy instruction, pesticide and by the Secretary under section 127(b)(1)(A) in the proposed activities; worker safety training, housing (including for a fiscal year— ‘‘(vii) whether there are other Federal and permanent housing), supportive services, ‘‘(1) the Secretary shall use not less than 80 non-Federal funds available for similar ac- school dropout prevention activities, fol- percent to award competitive grants under tivities to the proposed activities, and the lowup services for those individuals placed in subsection (b); and additional State, local, and private resources

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that will be provided to carry out the pro- ‘‘(2) AUTHORIZATION.—From the funds de- cluding an individual who is an individual posed activities; scribed in subsection (a)(2), the Secretary with a disability, may be eligible to partici- ‘‘(viii) the quality of the proposed activi- may award grants to eligible entities to pro- pate in activities under this subsection. ties in meeting the needs of the eligible vide activities that will assist youth in pre- ‘‘(6) SPECIAL RULE.—An eligible entity that youth to be served; and paring for, entering, and retaining employ- receives a grant under this subsection shall ‘‘(ix) the extent to which the proposed ac- ment. coordinate activities with the designated tivities will expand on services provided ‘‘(3) APPLICATIONS.—To be eligible to re- State agency (as defined in section 7 of the under section 127. ceive a grant under this subsection, an eligi- Rehabilitation Act of 1973 (29 U.S.C. 705)) and ‘‘(B) EQUITABLE GEOGRAPHIC DISTRIBU- ble entity shall submit an application to the other appropriate State agencies in the TION.—In awarding grants under this sub- Secretary at such time, in such manner, and State to be served. section the Secretary shall ensure an equi- containing such information as the Sec- ‘‘(7) MATCHING FUNDS REQUIRED.—The Sec- table distribution of such grants across geo- retary may require, including— retary shall require that an eligible entity graphically diverse areas. ‘‘(A) a description of the area to be served, that receives a grant under this subsection ‘‘(5) USE OF FUNDS.— including information demonstrating that provide non-Federal matching funds in an ‘‘(A) IN GENERAL.—An eligible entity that the area has— amount to be determined by the Secretary receives a grant under this subsection shall ‘‘(i) high unemployment among individuals that is not less than 10 percent of the cost of use the grant funds to carry out activities ages 16 through 21; activities carried out under the grant. The that are designed to assist youth in acquir- ‘‘(ii) high unemployment among youth who Secretary may require that such non-Federal ing the skills, credentials, and employment are individuals with disabilities; or matching funds be provided in cash re- experience that are necessary to succeed in ‘‘(iii) high job loss; sources, noncash resources, or a combination the labor market, including the activities ‘‘(B) a description of the proposed program, of cash and noncash resources. identified in section 129. including activities, compensation, and ex- ‘‘(8) EVALUATIONS.—The Secretary may re- ‘‘(B) ACTIVITIES.—The activities carried pected outcomes; quire that an eligible entity that receives a out pursuant to subparagraph (A) may in- ‘‘(C) an assurance that the participating grant under this subsection participate in an clude the following: employers in the proposed program are lo- evaluation of activities carried out under ‘‘(i) Training and internships for out-of- cated in the local area to be served, and a this subsection, including an evaluation school youth in sectors of the economy expe- demonstration of the commitment of the using the techniques described in section riencing, or projected to experience, high participating employers to hire individuals 172(c).’’. growth. who— SEC. 145. TECHNICAL ASSISTANCE. ‘‘(ii) Dropout prevention activities for in- ‘‘(i) have successfully completed the pro- Section 170 (29 U.S.C. 2915) is amended— school youth. gram; or (1) in subsection (a)(1), by— ‘‘(iii) Activities designed to assist special ‘‘(ii) continue to work in the program; (A) inserting ‘‘the training of staff pro- youth populations, such as court-involved ‘‘(D) demographic information about the viding rapid response services, the training youth and youth with disabilities. targeted populations to be served by the pro- of other staff of recipients of funds under ‘‘(iv) Activities combining remediation of posed program, including gender, age, and this title, the training of members of State academic skills, work readiness training, race; boards and local boards, peer review activi- ‘‘(E) a description of how the proposed pro- and work experience, and including linkages ties under this title,’’ after ‘‘localities,’’; and gram will address the barriers to employ- to postsecondary education, apprenticeships, (B) striking ‘‘from carrying out activities’’ ment of the targeted populations; and career-ladder employment. and all that follows through the period and ‘‘(F) a description of the manner in which ‘‘(v) Activities, including work experience, inserting ‘‘to implement the amendments the eligible entity will evaluate the pro- paid internships, and entrepreneurial train- made by the Workforce Investment Act gram; and ing, in areas where there is a migration of Amendments of 2005.’’; ‘‘(G) a description of the ability of the eli- youth out of the areas. (2) in subsection (a)(2), by adding at the gible entity to carry out and expand the pro- end the following: ‘‘The Secretary shall also ‘‘(C) PARTICIPANT ELIGIBILITY.—Youth who gram after the expiration of the grant pe- are 14 years of age through 21 years of age, as hire staff qualified to provide the assistance riod. of the time the eligibility determination is described in paragraph (1).’’; ‘‘(4) EQUITABLE DISTRIBUTION TO RURAL made, may be eligible to participate in ac- (3) in subsection (b)(2), by striking the last AREAS.—In awarding grants under this sub- tivities carried out under this subsection. sentence and inserting ‘‘Such projects shall section, the Secretary shall ensure an equi- be administered by the Employment and ‘‘(6) GRANT PERIOD.—The Secretary shall table distribution of such grants to rural Training Administration.’’; and make a grant under this subsection for a pe- areas. riod of 2 years and may renew the grant, if (4) by adding at the end the following: ‘‘(5) USE OF FUNDS.— ‘‘(c) BEST PRACTICES COORDINATION.—The the eligible entity has performed success- ‘‘(A) IN GENERAL.—An eligible entity that Secretary shall— fully, for a period of not more than 3 suc- receives a grant under this subsection shall ‘‘(1) establish a system through which ceeding years. use the grant funds to carry out— States may share information regarding best ‘‘(7) MATCHING FUNDS REQUIRED.—The Sec- ‘‘(i) activities that will assist youth in pre- practices with regard to the operation of retary shall require that an eligible entity paring for, entering, and retaining employ- workforce investment activities under this that receives a grant under this subsection ment, including the activities described in Act; provide non-Federal matching funds in an section 129 for out-of-school youth; ‘‘(2) evaluate and disseminate information amount to be determined by the Secretary ‘‘(ii) activities designed to strengthen aca- regarding best practices and identify knowl- that is not less than 10 percent of the cost of demic skills that would assist— edge gaps; and activities carried out under the grant. The ‘‘(I) in-school participants to be successful ‘‘(3) commission research under section Secretary may require that such non-Federal in secondary school and continue such par- 171(c) to address knowledge gaps identified matching funds be provided in cash re- ticipants’ education; and under paragraph (2).’’. sources, noncash resources, or a combination ‘‘(II) out-of-school youth to earn a high of cash and noncash resources. SEC. 146. DEMONSTRATION, PILOT, MULTI- school diploma or its recognized equivalent, SERVICE, RESEARCH, AND ‘‘(8) EVALUATION.—The Secretary shall re- or prepare for postsecondary programs; MULTISTATE PROJECTS. serve not more than 3 percent of the funds ‘‘(iii) activities designed to assist youth in (a) DEMONSTRATION AND PILOT PROJECTS.— described in subsection (a)(1) to provide tech- economically distressed areas; Section 171(b) (29 U.S.C. 2916(b)) is amended— nical assistance to, and conduct evaluations ‘‘(iv) subsidized employment for not more (1) in paragraph (1)— of (using appropriate techniques as described than 9 months that provides direct experi- (A) by striking ‘‘Under a’’ and inserting in section 172(c)), the projects funded under ence in a sector that has opportunities for ‘‘Consistent with the priorities specified in this subsection. full-time employment; the’’; ‘‘(c) COMPETITIVE FIRST JOBS FOR YOUTH.— ‘‘(v) career and academic advisement, ac- (B) by striking subparagraphs (A) through ‘‘(1) ELIGIBLE ENTITY.—In this subsection, tivities to promote financial literacy and the (E) and inserting the following: the term ‘eligible entity’ means a consor- attainment of entrepreneurial skills, and ‘‘(A) projects that assist national employ- tium that— labor market information on high-skill, ers in connecting with the workforce invest- ‘‘(A) shall include— high-wage, and nontraditional occupations; ment system established under this title in ‘‘(i)(I) a State board; or and order to facilitate the recruitment and em- ‘‘(II) a local board; and ‘‘(vi) such other activities as the Secretary ployment of needed workers for career ladder ‘‘(ii) a consortium of businesses, including determines are appropriate to ensure that jobs and to provide information to such sys- small businesses; and youth entering the workforce have the skills tem on skills and occupations in demand; ‘‘(B) may include 1 or more— needed by employers. ‘‘(B) projects that promote the develop- ‘‘(i) local educational agencies; ‘‘(B) PARTICIPANT ELIGIBILITY.—An indi- ment of systems that will improve the max- ‘‘(ii) institutions of higher education; vidual who is not younger than 16 years of imum effectiveness of programs carried out ‘‘(iii) business intermediaries; age and not older than 21 years of age, as of under this title; ‘‘(iv) community-based organizations; or the time the eligibility determination is ‘‘(C) projects that focus on opportunities ‘‘(v) apprenticeship programs. made, who face barriers to employment, in- for employment in industries and sectors of

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.078 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5133 industries that are experiencing, or are like- employed, including the availability of funds force investment system, including the ex- ly to experience, high rates of growth and provided through average daily attendance tent of business involvement as members of jobs with wages leading to self-sufficiency; and other methodologies used by States and State boards and local boards, and the extent ‘‘(D) computerized, individualized, self- local areas to distribute funds. to which such boards and one-stop centers ef- paced training projects targeted to dis- ‘‘(iii) STUDY OF INDUSTRY-BASED CERTIFI- fectively collaborate with business and in- located, disadvantaged, or incumbent work- CATION AND CREDENTIALS.— dustry leaders in developing workforce in- ers utilizing equipment and curriculum de- ‘‘(I) IN GENERAL.—The Secretary shall con- vestment strategies, including strategies to signed in partnership with industries for em- duct a study concerning the role and benefits identify high growth opportunities; ployment in the operations, repair, and of credentialing and certification to busi- ‘‘(dd) ways in which the workforce invest- maintenance of high-tech equipment that is nesses and workers in the economy and the ment system addresses changing skill needs used in integrated systems technology; implications of certification to the services of business that result from changes in tech- ‘‘(E) projects carried out by States and provided through the workforce investment nology and work processes; local areas to test innovative approaches to system. The study may examine issues such ‘‘(ee) promising practices for serving small delivering employment-related services;’’; as— businesses; (C) in subparagraph (G), by striking ‘‘and’’ ‘‘(aa) the characteristics of successful ‘‘(ff) the extent and manner in which the after the semicolon; and credentialing and certification systems that workforce investment system uses tech- (D) by striking subparagraph (H) and in- serve business and individual needs; nology to serve business and individual serting the following: ‘‘(bb) the relative proportions of certifi- needs, and how uses of technology could en- ‘‘(H) projects that provide retention cates and credentials attained with assist- hance efficiency and effectiveness in pro- grants, which shall— ance from the public sector, with private- viding services; and ‘‘(i) be made to qualified job training pro- sector training of new hires or incumbent ‘‘(gg) the extent to which various segments grams offering instruction, assessment, or workers, and by individuals on their own ini- of the labor force have access to and utilize professional coaching, upon placement of a tiative without other assistance, respec- technology to locate job openings and apply low-income individual trained by the pro- tively; for jobs, and characteristics of individuals gram involved in employment with an em- ‘‘(cc) the return on human capital invest- utilizing such technology (such as age, gen- ployer and retention of the low-income indi- ments from occupational credentials and in- der, race or ethnicity, industry sector, and vidual in that employment with that em- dustry-based skill certifications, including occupational groups). ployer for a period of 1 year, if that employ- the extent to which acquisition of such cre- ‘‘(II) REPORT TO CONGRESS.—The Secretary ment provides the low-income individual dentials or certificates enhances outcomes shall prepare and submit to Congress a re- with an annual salary— such as entry into employment, retention, port containing the results of the study de- ‘‘(I) that is at least $10,000 more than the earnings (including the number and amount scribed in subclause (I). Such report may in- individual’s federally adjusted income for of wage increases), career advancement, and clude any recommendations the Secretary the previous year; and layoff aversion; determines are appropriate to include in ‘‘(II) that is not less than twice the poverty ‘‘(dd) the implications of the effects of such report, including ways to enhance the line applicable to the individual; and skill certifications and credentials to the effectiveness of the workforce investment ‘‘(ii) be made taking into account the eco- types and delivery of services provided system in meeting the needs of business for nomic benefit received by the Federal Gov- through the workforce investment system; skilled workers.’’. ernment from the employment and retention ‘‘(ee) the role that Federal and State gov- (c) ADMINISTRATION.—Section 171(d) (29 of the individual, including the economic ernments play in fostering the development U.S.C. 2916(d)) is amended by striking the benefit from tax revenue and decreased pub- of and disseminating credentials and skill last sentence and inserting the following: lic subsidies; standards; and ‘‘Such projects shall be administered by the ‘‘(I) targeted innovation projects that im- ‘‘(ff) the use of credentials by businesses to Employment and Training Administration.’’. prove access to and delivery of employment achieve goals for workforce skill upgrading (d) NEXT GENERATION TECHNOLOGIES.—Sec- and training services, with emphasis given to and greater operating efficiency. tion 171 (29 U.S.C. 2916) is amended by adding projects that incorporate advanced tech- ‘‘(II) REPORT TO CONGRESS.—The Secretary at the end the following: nologies to facilitate the connection of indi- shall prepare and submit to Congress a re- ‘‘(e) SKILL CERTIFICATION PILOT viduals to the information and tools the in- port containing the results of the study con- PROJECTS.— dividuals need to upgrade skills; ducted pursuant to subclause (I). Such report ‘‘(1) PILOT PROJECTS.—In accordance with ‘‘(J) projects that promote the use of dis- may include any recommendations that the subsection (b) and from funds appropriated tance learning, enabling students to take Secretary determines are appropriate to in- pursuant to paragraph (10), the Secretary courses through the use of media technology clude in such report relating to promoting shall establish and carry out not more than such as videos, teleconferencing computers, the acquisition of industry-based certifi- 10 pilot projects to establish a system of in- and the Internet; and cation and credentials, and the appropriate dustry-validated national certifications of ‘‘(K) projects that provide comprehensive role of the Department of Labor and the skills, including— education and training services, and support workforce investment system in supporting ‘‘(A) not more than 8 national certifi- services, in coordination with local boards, the needs of business and individuals with re- cations of skills in high-technology indus- for populations in targeted high poverty spect to such certification and credentials. tries, including biotechnology, telecommuni- areas where the greatest barriers to employ- ‘‘(iv) STUDY OF EFFECTIVENESS OF WORK- cations, highly automated manufacturing ment exist, including ex-offenders, out-of- FORCE INVESTMENT SYSTEM IN MEETING BUSI- (including semiconductors), nanotechnology, school youth, and public assistance recipient NESS NEEDS.— and energy technology; and populations.’’; and ‘‘(I) IN GENERAL.—Using funds available to ‘‘(B) not more than 2 cross-disciplinary na- (2) in paragraph (2)— carry out this section jointly with funds tional certifications of skills in homeland se- (A) by striking subparagraph (B); and available to the Secretary of Commerce and curity technology. (B) by redesignating subparagraph (C) as Administrator of the Small Business Admin- ‘‘(2) GRANTS TO ELIGIBLE ENTITIES.—In car- subparagraph (B). istration, the Secretary, in coordination rying out the pilot projects, the Secretary (b) MULTISERVICE PROJECTS.—Section with the Secretary of Commerce and the Ad- shall make grants to eligible entities, for pe- 171(c)(2)(B) (29 U.S.C. 2916(c)(2)(B)) is amend- ministrator of the Small Business Adminis- riods of not less than 36 months and not ed to read as follows: tration, may conduct a study of the effec- more than 48 months, to carry out the au- ‘‘(B) STUDIES AND REPORTS.— tiveness of the workforce investment system thorized activities described in paragraph (7) ‘‘(i) NET IMPACT STUDIES AND REPORTS.— in meeting the needs of business, with par- with respect to the certifications described ‘‘(I) IN GENERAL.—The Secretary, in coordi- ticular attention to the needs of small busi- in paragraph (1). In awarding grants under nation with the Secretary of Education, ness, including in assisting workers to ob- this subsection the Secretary shall take into shall conduct studies to determine the net tain the skills needed to utilize emerging consideration awarding grants to eligible en- impacts of, including best practices of, pro- technologies. In conducting the study, the tities from diverse geographic areas, includ- grams, services, and activities carried out Secretary, in coordination with the Sec- ing rural areas. under this title. retary of Commerce and the Administrator ‘‘(3) ELIGIBLE ENTITIES.— ‘‘(II) REPORTS.—The Secretary shall pre- of the Small Business Administration, may ‘‘(A) DEFINITION OF ELIGIBLE ENTITY.—In pare and disseminate to the public reports examine issues such as— this subsection the term ‘eligible entity’ containing the results of the studies con- ‘‘(aa) methods for identifying the work- means an entity that shall work in conjunc- ducted under subclause (I). force needs of businesses and how the re- tion with a local board and shall include as ‘‘(ii) STUDY ON RESOURCES AVAILABLE TO AS- quirements of small businesses may differ a principal participant 1 or more of the fol- SIST OUT-OF-SCHOOL YOUTH.—The Secretary, from larger establishments; lowing: in coordination with the Secretary of Edu- ‘‘(bb) business satisfaction with the work- ‘‘(i) An educational institution, including a cation, may conduct a study examining the force investment system, with particular 2- or 4-year college, or a technical or voca- resources available at the Federal, State, emphasis on the satisfaction of small busi- tional school. and local levels to assist out-of-school youth nesses; ‘‘(ii) An advanced technology education in obtaining the skills, credentials, and work ‘‘(cc) the extent to which business is en- center. experience necessary to become successfully gaged as a collaborative partner in the work- ‘‘(iii) A local board.

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.078 S12PT1 S5134 CONGRESSIONAL RECORD — SENATE May 12, 2005 ‘‘(iv) A representative of a business in a projects build on the expertise and informa- ‘‘(i) serving individuals with limited target industry for the certification in- tion about best practices gained through the English proficiency, including individuals volved. implementation of the National Science with lower levels of oral and written English; ‘‘(v) A representative of an industry asso- Foundation’s Advanced Technological Edu- and ciation, labor organization, or community cation Program. ‘‘(ii) providing workforce programs with development organization. ‘‘(9) CORE COMPONENTS; GUIDELINES; RE- training and English language instruction. ‘‘(B) HISTORY OF DEMONSTRATED CAPABILITY PORTS.—After collecting and analyzing the ‘‘(5) APPLICATIONS.— REQUIRED.—To be eligible to receive a grant data obtained from the pilot programs, the ‘‘(A) IN GENERAL.—To be eligible to receive under this subsection, an eligible entity Secretary shall— a grant under this subsection, an eligible en- shall have a history of demonstrated capa- ‘‘(A) establish the core components of a tity shall submit an application to the Sec- bility for effective collaboration with indus- model high-technology certification pro- retary at such time, in such manner, and try on workforce investment activities that gram; containing such information as the Sec- is consistent with the objectives of this title. ‘‘(B) establish guidelines to assure develop- retary may require. ‘‘(4) APPLICATIONS.—To be eligible to re- ment of a uniform set of standards and poli- ‘‘(B) CONTENTS.—Each application sub- ceive a grant under this subsection, an eligi- cies for such programs; mitted under subparagraph (A) shall— ble entity shall submit an application to the ‘‘(C) prepare and submit a report on the Secretary at such time, in such manner, and ‘‘(i) contain information, including capa- pilot projects to the Committee on Health, bility statements, that demonstrates that containing such information as the Sec- Education, Labor, and Pensions of the Sen- retary may require. the eligible entity has the expertise de- ate and the Committee on Education and the scribed in paragraph (4)(B); and ‘‘(5) CRITERIA.—The Secretary shall estab- Workforce of the House of Representatives; lish criteria, consistent with paragraph (6), ‘‘(ii) include an assurance that the pro- and gram to be assisted shall— for awarding grants under this subsection. ‘‘(D) make available to the public both the ‘‘(I) establish a generalized adult bilingual ‘‘(6) PRIORITY.—In selecting eligible enti- data and the report. workforce training and education model that ties to receive grants under this subsection, ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.— integrates English language acquisition and the Secretary shall give priority to eligible In addition to amounts authorized to be ap- occupational training, and incorporates the entities that demonstrate the availability of propriated under section 174(b), there is au- unique linguistic and cultural factors of the and ability to provide matching funds from thorized to be appropriated $30,000,000 for fis- participants; industry or nonprofit sources. Such match- cal year 2006 to carry out this subsection.’’. ing funds may be provided in cash or in kind. ‘‘(II) establish a framework by which the (e) INTEGRATED WORKFORCE TRAINING PRO- ‘‘(7) AUTHORIZED ACTIVITIES.— employer, employee, and other relevant GRAMS FOR ADULTS WITH LIMITED ENGLISH ‘‘(A) IN GENERAL.—An eligible entity that members of the eligible entity can create a PROFICIENCY.—Section 171 (29 U.S.C. 2916), as receives a grant under this subsection shall career development and training plan that amended by subsection (d), is further amend- use the funds made available through the assists both the employer and the employee ed by adding at the end the following: grant— to meet their long-term needs; ‘‘(i) to facilitate the establishment of cer- ‘‘(f) INTEGRATED WORKFORCE TRAINING PRO- ‘‘(III) ensure that the framework estab- tification requirements for a certification GRAMS FOR ADULTS WITH LIMITED ENGLISH lished under subclause (II) takes into consid- described in paragraph (1) for an industry; PROFICIENCY.— eration the knowledge, skills, and abilities ‘‘(ii) to develop and initiate a certification ‘‘(1) DEFINITIONS.—In this subsection: of the employee with respect to both the cur- program that includes preparatory courses, ‘‘(A) INTEGRATED WORKFORCE TRAINING.— rent and economic conditions of the em- course materials, procedures, and examina- The term ‘integrated workforce training’ ployer and future labor market conditions tions, for the certification; and means training that integrates occupational relevant to the local area; and skills training with language acquisition. ‘‘(iii) to collect and analyze data related to ‘‘(IV) establish identifiable measures so ‘‘(B) SECRETARY.—The term ‘Secretary’ the program at the program’s completion, that the progress of the employee and em- means the Secretary of Labor in consulta- and to identify best practices (consistent ployer and the relative efficacy of the pro- tion with the Secretary of Education. with paragraph (8)) that may be used by gram can be evaluated and best practices ‘‘(2) DEMONSTRATION PROJECT.—In accord- State and local workforce investment boards identified. ance with subsection (b) and from funds ap- in the future. ‘‘(6) CRITERIA.—The Secretary shall estab- propriated pursuant to paragraph (11), the ‘‘(B) BASIS FOR REQUIREMENTS.—The cer- lish criteria for awarding grants under this Secretary shall establish and implement a tification requirements established under subsection. the grant shall be based on applicable skill national demonstration project designed to ‘‘(7) INTEGRATED WORKFORCE TRAINING PRO- standards for the industry involved that both analyze and provide data on workforce GRAMS.— have been developed by or linked to national training programs that integrate English ‘‘(A) PROGRAM COMPONENTS.— centers of excellence under the National language acquisition and occupational train- ‘‘(i) REQUIRED COMPONENTS.—Each program Science Foundation’s Advanced Techno- ing. that receives funding under this subsection logical Education Program. The require- ‘‘(3) GRANTS.— shall— ments shall require an individual to dem- ‘‘(A) IN GENERAL.—In carrying out the dem- ‘‘(I) test an individual’s English language onstrate an identifiable set of competencies onstration project, the Secretary shall make relevant to the industry in order to receive not less than 10 grants, on a competitive proficiency levels to assess oral and literacy certification. The requirements shall be de- basis, to eligible entities to provide the inte- gains from the beginning and throughout signed to provide evidence of a transferable grated workforce training programs. In program enrollment; skill set that allows flexibility and mobility awarding grants under this subsection the ‘‘(II) combine training specific to a par- of workers within a high technology indus- Secretary shall take into consideration ticular occupation or occupational cluster, try. awarding grants to eligible entities from di- with— ‘‘(C) RELATIONSHIP TO TRAINING AND EDU- verse geographic areas, including rural ‘‘(aa) English language instruction, such as CATION PROGRAMS.—The eligible entity shall areas. instruction through an English as a Second ensure that— ‘‘(B) PERIODS.—The Secretary shall make Language program, or an English for Speak- ‘‘(i) a training and education program re- the grants for periods of not less than 24 ers of Other Languages program; lated to competencies for the industry in- months and not more than 48 months. ‘‘(bb) basic skills instruction; and volved, that is flexible in mode and time- ‘‘(4) ELIGIBLE ENTITIES.— ‘‘(cc) supportive services; frame for delivery and that meets the needs ‘‘(A) IN GENERAL.—To be eligible to receive ‘‘(III) effectively integrate public and pri- of those seeking the certification, is offered; a grant under this subsection, an eligible en- vate sector entities, including the local and tity shall work in conjunction with a local workforce investment system and its func- ‘‘(ii) the certification program is offered at board and shall include as a principal partic- tions, to achieve the goals of the program; the completion of the training and education ipant 1 or more of the following: and program. ‘‘(i) An employer or employer association. ‘‘(IV) require matching or in-kind re- ‘‘(D) RELATIONSHIP TO THE ASSOCIATE DE- ‘‘(ii) A nonprofit provider of English lan- sources from private and nonprofit entities. GREE.—The eligible entity shall ensure that guage instruction. ‘‘(ii) PERMISSIBLE COMPONENTS.—The pro- the certification program is consistent with ‘‘(iii) A provider of occupational or skills gram may offer other services, as necessary the requirements for a 2-year associate de- training. to promote successful participation and com- gree. ‘‘(iv) A community-based organization. pletion, including work-based learning, sub- ‘‘(E) AVAILABILITY.—The eligible entity ‘‘(v) An educational institution, including stance abuse treatment, and mental health shall ensure that the certification program a 2- or 4-year college, or a technical or voca- services. is open to students pursuing associate de- tional school. ‘‘(B) GOAL.—Each program that receives grees, employed workers, and displaced ‘‘(vi) A labor organization. funding under this subsection shall be de- workers. ‘‘(vii) A local board. signed to prepare limited English proficient ‘‘(8) CONSULTATION.—The Secretary shall ‘‘(B) EXPERTISE.—To be eligible to receive adults for, and place such adults in employ- consult with the Director of the National a grant under this subsection, an eligible en- ment in, growing industries with identifiable Science Foundation to ensure that the pilot tity shall have proven expertise in— career ladder paths.

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.079 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5135

‘‘(C) PROGRAM TYPES.—In selecting pro- and make available to the public, a report on accordance with generally applicable Federal grams to receive funding under this sub- the demonstration project, including the re- requirements, to eligible entities to enable section, the Secretary shall select programs sults of the evaluation. the eligible entities to carry out activities that meet 1 or more of the following criteria: ‘‘(10) TECHNICAL ASSISTANCE.—The Sec- authorized under this subsection. ‘‘(i) A program that— retary shall provide technical assistance to ‘‘(4) APPLICATIONS.—To be eligible to re- ‘‘(I) serves unemployed, limited English recipients of grants under this subsection ceive a grant under this subsection, an eligi- proficient individuals with significant work throughout the grant periods. ble entity shall submit an application to the experience or substantial education but per- ‘‘(11) AUTHORIZATION OF APPROPRIATIONS.— Secretary at such time, in such manner, and sistently low wages; and In addition to amounts authorized to be ap- containing such information as the Sec- ‘‘(II) aims to prepare such individuals for, propriated under section 174(b), there is au- retary may require, including— and place such individuals in, higher paying thorized to be appropriated $10,000,000 for fis- ‘‘(A) a description of the eligible entity employment, defined for purposes of this cal year 2006 to carry out this subsection.’’. that will offer training under the grant; subparagraph as employment that provides (f) COMMUNITY-BASED JOB TRAINING.—Sec- ‘‘(B) a justification of the need for discre- at least 75 percent of the median wage in the tion 171 (29 U.S.C. 2916), as amended by sub- tionary funding under the grant, including section (e), is further amended by adding at local area. the need for external funds to create a pro- the end the following: ‘‘(ii) A program that— gram to carry out the activities described in ‘‘(g) COMMUNITY-BASED JOB TRAINING.— ‘‘(I) serves limited English proficient indi- paragraph (6); ‘‘(1) DEFINITIONS.—In this subsection: viduals with lower levels of oral and written ‘‘(C) an economic analysis of the local fluency, who are working but at persistently ‘‘(A) COMMUNITY COLLEGE.—The term ‘com- labor market to identify— low wages; and munity college’ means— ‘‘(i) high-growth, high-demand industries; ‘‘(II) aims to prepare such individuals for, ‘‘(i) an institution of higher education, as ‘‘(ii) the workforce issues faced by such in- and place such individuals in, higher paying defined in section 101 of the Higher Edu- dustries; and employment, through services provided at cation Act of 1965 (20 U.S.C. 1001), that pro- ‘‘(iii) potential participants in programs the worksite, or at a location central to sev- vides a 2-year degree that is acceptable for funded under this subsection; eral work sites, during work hours. full credit toward a bachelor’s degree; or ‘‘(D) a description of the qualified industry ‘‘(iii) A program that— ‘‘(ii) a tribally controlled college or univer- ‘‘(I) serves unemployed, limited English sity, as defined in section 2 of the Tribally for which the training will occur, the avail- proficient individuals with lower levels of Controlled College or University Assistance ability of competencies on which the train- oral and written fluency, who have little or Act of 1978 (25 U.S.C. 1801). ing will be based, and how the grant will help no work experience; and ‘‘(B) ELIGIBLE ENTITY.—The term ‘eligible workers acquire the competencies and skills ‘‘(II) aims to prepare such individuals for, entity’ means a community college or a con- necessary for employment; and place such individuals in, employment sortium composed of a community college ‘‘(E) a description of the involvement of through services that include subsidized em- and an institution of higher education, that the local board and businesses, including ployment, in addition to the components re- shall work with— small businesses, in the geographic area quired in subparagraph (A)(i). ‘‘(i) a local board; where the proposed grant will be imple- ‘‘(iv) A program that includes funds from ‘‘(ii) a business in the qualified industry or mented; private and nonprofit entities. an industry association in the qualified in- ‘‘(F) performance measures for the grant, ‘‘(D) PROGRAM APPROACHES.—In selecting dustry, as identified in the application of the including the expected number of individuals programs to receive funding under this sub- entity; and to be trained in a qualified industry, the em- section, the Secretary shall select programs ‘‘(iii) an economic development entity. ployment and retention rates for such indi- with different approaches to integrated ‘‘(C) INSTITUTION OF HIGHER EDUCATION.— viduals in a qualified industry, and initial workforce training, in different contexts, in Except as otherwise provided in subpara- earnings and earnings increases for such in- order to obtain comparative data on mul- graph (A)(i), the term ‘institution of higher dividuals; tiple approaches to integrated workforce education’ has the meaning given the term ‘‘(G) a description of how the activities training and English language instruction, in section 101 of the Higher Education Act of funded by the grant will be coordinated with to ensure programs are tailored to character- 1965 (20 U.S.C. 1001) and the meaning given activities provided through the one-stop cen- istics of individuals with varying skill levels, the term postsecondary vocational institu- ter in the local area; and and to assess how different curricula work tion in section 102(a)(1)(B) of such Act (20 ‘‘(H) a description of the local or private for limited English proficient populations. U.S.C. 1002(a)(1)(B)). resources that will— Such approaches may include— ‘‘(D) QUALIFIED INDUSTRY.—The term ‘‘(i) support the activities carried out ‘‘(i) bilingual programs in which the work- ‘qualified industry’ means an industry or under this subsection; and place language component and the training economic sector that is projected to experi- ‘‘(ii) enable the entity to carry out and ex- are conducted in a combination of an indi- ence significant growth, such as an industry pand such activities after the expiration of vidual’s native language and English; or economic sector that— the grant. ‘‘(ii) integrated workforce training pro- ‘‘(i) is projected to add substantial num- ‘‘(5) FACTORS FOR AWARD OF GRANT.— grams that combine basic skills, language bers of new jobs to the regional economy; ‘‘(A) IN GENERAL.—In awarding grants instruction, and job specific skills training; ‘‘(ii) has or is projected to have significant under this subsection, the Secretary shall or impact on the regional economy; consider— ‘‘(iii) sequential programs that provide a ‘‘(iii) impacts or is projected to impact the ‘‘(i) the extent of public and private col- progression of skills, language, and training growth of other industries or economic sec- laboration, including existing partnerships to ensure success upon an individual’s com- tors in the regional economy; among qualified industries, the eligible enti- pletion of the program. ‘‘(iv) is being transformed by technology ty, and the public workforce investment sys- ‘‘(8) EVALUATION BY ELIGIBLE ENTITY.—Each and innovation requiring new knowledge or tem; eligible entity that receives a grant under skill sets for workers; ‘‘(ii) the extent to which the grant will this subsection for a program shall carry out ‘‘(v) is a new or emerging industry or eco- provide job seekers with high-quality train- a continuous program evaluation and an nomic sector that is projected to grow; or ing for employment in high-growth, high-de- evaluation specific to the last phase of the ‘‘(vi) requires high skills and has signifi- mand occupations; program operations. cant labor shortages in the regional econ- ‘‘(iii) the extent to which the grant will ex- ‘‘(9) EVALUATION BY SECRETARY.— omy. pand the eligible entity and local one-stop ‘‘(A) IN GENERAL.—The Secretary shall con- ‘‘(2) DEMONSTRATION PROJECT.—In addition center’s capacity to be demand-driven and duct an evaluation of program impacts of the to the demonstration projects authorized responsive to local economic needs; programs funded under the demonstration under subsection (b), the Secretary may es- ‘‘(iv) the extent to which local businesses project, with a random assignment, experi- tablish and implement a national dem- commit to hire, retain, or advance individ- mental design impact study done at each onstration project designed— uals who receive training through the grant; worksite at which such a program is carried ‘‘(A) to develop local innovative solutions and out. to the workforce challenges facing high- ‘‘(v) the extent to which the eligible entity ‘‘(B) DATA COLLECTION AND ANALYSIS.—The growth, high-skill industries with labor commits to make any newly developed prod- Secretary shall collect and analyze the data shortages; and ucts, such as skill standards, assessments, or from the demonstration project to determine ‘‘(B) to increase employment opportunities industry-recognized training curricula, program effectiveness, including gains in for workers in high-growth, high-demand oc- available for dissemination nationally. language proficiency, acquisition of skills, cupations by establishing partnerships ‘‘(B) LEVERAGING OF RESOURCES.—In award- and job advancement for program partici- among education entities, the workforce in- ing grants under this subsection, the Sec- pants. vestment system, and businesses in high- retary shall also consider— ‘‘(C) REPORT.—The Secretary shall prepare growth, high-skill industries or sectors. ‘‘(i) the extent to which local or private re- and submit to the Committee on Health, ‘‘(3) GRANTS.—In carrying out the national sources will be made available to support the Education, Labor, and Pensions of the Sen- demonstration project authorized under this activities carried out under this subsection, ate and the Committee on Education and the subsection, the Secretary shall award grants, taking into account the resources of the eli- Workforce of the House of Representatives, on a competitive basis, for 2, 3, or 4 years, in gible entity and the entity’s partners; and

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.079 S12PT1 S5136 CONGRESSIONAL RECORD — SENATE May 12, 2005 ‘‘(ii) the ability of an eligible entity to (2) in subsection (a)— ‘‘(B) the amount of the allotment that continue to carry out and expand such ac- (A) by striking the matter preceding para- would be made to the State for the program tivities after the expiration of the grant. graph (1) and inserting the following: year under the formula specified in section ‘‘(C) DISTRIBUTION OF GRANTS.—In awarding ‘‘(a) IN GENERAL.—The Secretary is author- 132(b)(1)(B). grants under this subsection, the Secretary ized to award national dislocated worker ‘‘(3) AMOUNT OF GRANTS.—Subject to para- shall ensure an equitable distribution of such grants—’’; graph (1), the amount of the grant made grants across diverse industries and geo- (B) in paragraph (1), by striking ‘‘sub- under paragraph (1) to a State for a program graphic areas. section (c)’’ and inserting ‘‘subsection (b)’’; year shall be based on the difference be- ‘‘(6) USE OF FUNDS.—An eligible entity that (C) in paragraph (3), by striking ‘‘and’’ tween— receives a grant under this subsection— after the semicolon; and ‘‘(A) the amount of the allotment that was ‘‘(A) shall use the grant funds for— (D) by striking paragraph (4) and inserting made to the State for the program year 2003 ‘‘(i) the development by the community the following: under the formula specified in section college that is a part of the eligible entity in ‘‘(4) to a State or entity (as defined in sub- 132(b)(1)(B) as such section was in effect on collaboration with other partners identified section (b)(1)(B)) to carry out subsection (e), July 1, 2003; and in the application, and, if applicable, other including providing assistance to eligible in- ‘‘(B) the amount of the allotment that representatives of qualified industries, of dividuals; would be made to the State for the program rigorous training and education programs ‘‘(5) to a State or entity (as defined in sub- year under the formula specified in section leading to an industry-recognized credential section (b)(1)(B)) to carry out subsection (f), 132(b)(1)(B).’’; or degree and employment in the qualified including providing assistance to eligible in- (5) in subsection (e) (as redesignated by industry; and dividuals; paragraph (2))— ‘‘(ii) training of adults, incumbent work- ‘‘(6) to provide additional assistance to a (A) in paragraph (1), by striking ‘‘para- ers, dislocated workers, or out-of-school State board or local board where a higher graph (4)(A)’’ and inserting ‘‘paragraph (4)’’; youth in the skills and competencies needed than average demand for employment and (B) in paragraph (2), by striking ‘‘sub- to obtain or upgrade employment in a quali- training activities for dislocated members of section (g)’’ and inserting ‘‘subsection (f)’’; fied industry identified in the eligible enti- the Armed Forces, or spouses, as described in (C) in paragraph (3)(B), by striking ‘‘sub- ty’s application; and section 101(11)(E), of members of the Armed section (a)(4)(A)’’ and inserting ‘‘subsection ‘‘(B) may use the grant funds for— Forces, described in subsection (b)(2)(A)(iv), (a)(4)’’; ‘‘(i) disseminating information on training exceeds State and local resources for pro- (D) in paragraph (4), by striking ‘‘sub- available for high-growth, high-demand oc- viding such services, and where such pro- section (g)’’ and inserting ‘‘subsection (f)’’; cupations in qualified industries through the grams are to be carried out in partnership (E) in paragraph (5), by striking ‘‘sub- one-stop delivery system to prospective par- with the Department of Defense and Depart- section (g)’’ and inserting ‘‘subsection (f)’’; ticipants, businesses, business inter- ment of Veterans Affairs transition assist- and mediaries, and community-based organiza- ance programs; and (F) in paragraph (6)— tions in the region, including training avail- ‘‘(7) to provide assistance to a State for (i) by striking ‘‘subsection (g)’’ and insert- able through the grant; statewide or local use in order to— ing ‘‘subsection (f)’’; and ‘‘(ii) referring individuals trained under ‘‘(A) address cases in which there have (ii) by striking ‘‘subsection (c)(1)(B)’’ and the grant for employment in qualified indus- been worker dislocations across multiple inserting ‘‘subsection (b)(1)(B)’’; and tries; sectors, across multiple businesses within a (6) in subsection (f) (as redesignated by ‘‘(iii) enhancing integration of community sector, or across multiple local areas, and paragraph (2))— colleges, training and education with busi- such workers remain dislocated; (A) in paragraph (1)— nesses, and the one-stop system to meet the ‘‘(B) meet emerging economic development (i) by striking ‘‘paragraph (4)(B)’’ and in- training needs of qualified industries for new needs; and serting ‘‘paragraph (5)’’; and and incumbent workers; ‘‘(C) train eligible individuals who are dis- (ii) by striking ‘‘subsection (f)(1)(A)’’ and ‘‘(iv) providing training and relevant job located workers described in subparagraph inserting ‘‘subsection (e)(1)(A)’’; and skills to small business owners or operators (A). (B) in paragraph (4)(B), by striking ‘‘sub- to facilitate small business development in The Secretary shall issue a final decision on section (a)(4)(B)’’ and inserting ‘‘subsection high-growth industries; or an application for a national dislocated (a)(5)’’. ‘‘(v) expanding or creating programs for worker grant under this subsection not later SEC. 148. AUTHORIZATION OF APPROPRIATIONS distance, evening, weekend, modular, or than 45 calendar days after receipt of the ap- FOR NATIONAL ACTIVITIES. compressed learning opportunities that pro- plication. The Secretary shall issue a notice (a) IN GENERAL.—Section 174(a)(1) (29 vide relevant skill training in high-growth, of obligation for such a grant not later than U.S.C. 2919(a)(1)) is amended by striking high-demand industries. 10 days after the award of the grant.’’. ‘‘1999 through 2003’’ and inserting ‘‘2006 ‘‘(7) AUTHORITY TO REQUIRE NON-FEDERAL (b) ADMINISTRATION AND ADDITIONAL AS- through 2011’’. SHARE.—The Secretary may require that re- SISTANCE.—Section 173 (29 U.S.C. 2918) is (b) RESERVATIONS.—Section 174(b) (29 cipients of grants under this subsection pro- amended— U.S.C. 2919(b)) is amended to read as follows: vide a non-Federal share, from either cash or (1) by striking subsection (b); ‘‘(b) TECHNICAL ASSISTANCE; DEMONSTRA- noncash resources, of the costs of activities (2) by redesignating subsections (c) TION AND PILOT PROJECTS, EVALUATIONS, IN- carried out under a grant awarded under this through (g) as subsections (b) through (f), re- CENTIVE GRANTS.— subsection. spectively; ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(8) PERFORMANCE ACCOUNTABILITY AND (3) in paragraph (2) of subsection (b) (as re- there are authorized to be appropriated to EVALUATION.— designated by paragraph (2))— carry out sections 170 through 172, section ‘‘(A) PERFORMANCE ACCOUNTABILITY.—The (A) in subparagraph (A), in the matter pre- 136(i), and section 503 such sums as may be Secretary shall require an eligible entity ceding clause (i), by striking ‘‘national emer- necessary for each of fiscal years 2006 that receives a grant under this subsection gency grant’’ and inserting ‘‘national dis- through 2011. to submit an interim and final report to the located worker grant’’; and ‘‘(2) RESERVATION.—Of the amount appro- Secretary on the impact on business part- (B) in subparagraph (C), by striking ‘‘na- priated pursuant to the authorization of ap- ners and employment outcomes obtained by tional emergency grants’’ and inserting ‘‘na- propriations under paragraph (1) for a fiscal individuals receiving training under this tional dislocated worker grants’’; year, the Secretary shall, for each of the fis- subsection using the performance measures (4) by striking subsection (d) (as redesig- cal years 2006 through 2011, reserve not less identified in the eligible entity’s grant appli- nated by paragraph (2)) and inserting the fol- than 25 percent for carrying out section cation. lowing: 503.’’. (c) ASSISTANCE FOR ELIGIBLE WORKERS.— ‘‘(B) EVALUATION.—The Secretary shall re- ‘‘(d) ADDITIONAL ASSISTANCE.— Section 174(c) (29 U.S.C. 2919(c)) is amended— quire that an eligible entity that receives a ‘‘(1) IN GENERAL.—From the amount appro- (1) in paragraphs (1)(A) and (2)(A), by strik- grant under this subsection participate in an priated and made available to carry out this ing ‘‘subsection (a)(4)(A)’’ and inserting evaluation of activities carried out under section for any program year, the Secretary ‘‘subsection (a)(4)’’; and this subsection, including an evaluation shall use not more than $20,000,000 to make (2) in paragraphs (1)(B) and (2)(B), by strik- using the techniques described in section grants to States to provide employment and ing ‘‘subsection (a)(4)(B)’’ and inserting 172(c).’’. training activities under section 134, in ac- ‘‘subsection (a)(5)’’. SEC. 147. NATIONAL DISLOCATED WORKER cordance with subtitle B. GRANTS. ‘‘(2) ELIGIBLE STATES.—The Secretary shall Subtitle E—Administration (a) IN GENERAL.—Section 173 (29 U.S.C. make a grant under paragraph (1) to a State SEC. 151. REQUIREMENTS AND RESTRICTIONS. 2918) is amended— for a program year if— Section 181(e) (29 U.S.C. 2931(e)) is amended (1) by striking the heading and inserting ‘‘(A) the amount of the allotment that was by striking ‘‘economic development activi- the following: made to the State for the program year 2003 ties,’’. ‘‘SEC. 173. NATIONAL DISLOCATED WORKER under the formula specified in section SEC. 152. REPORTS. GRANTS.’’; 132(b)(1)(B) as such section was in effect on Section 185(c) (29 U.S.C. 2935(c)) is amend- and July 1, 2003, is greater than ed—

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.079 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5137 (1) in paragraph (2), by striking ‘‘and’’ cial Security Act or the Wagner-Peyser Act wide economic development, or business after the semicolon; to amortize the costs of real property that is needs; (2) in paragraph (3), by striking the period purchased by any State on or after the effec- ‘‘(II) exemplary performance in serving and inserting ‘‘; and’’; and tive date of this provision.’’. hard-to-serve populations; or (3) by adding at the end the following: SEC. 155. GENERAL PROGRAM REQUIREMENTS. ‘‘(III) effective— ‘‘(4) shall have the option to submit or dis- Section 195 (29 U.S.C. 2945) is amended by ‘‘(aa) coordination of multiple systems seminate electronically any reports, records, adding at the end the following: into a comprehensive workforce investment plans, or any other data that are required to ‘‘(14) Funds provided under this title shall system, including coordination of employ- be collected or disseminated under this not be used to establish or operate fee-for- ment activities under the Wagner-Peyser Act title.’’. service enterprises that are not affiliated (29 U.S.C. 49 et seq.) and core activities under SEC. 153. ADMINISTRATIVE PROVISIONS. with the one-stop service delivery systems title I as well as one-stop partner programs (a) ANNUAL REPORT.—Section 189(d) (29 described in section 121(e) and that compete described in section 121; U.S.C. 2939(d)) is amended— with private sector employment agencies (as ‘‘(bb) expansion of access to training, in- (1) in paragraph (3), by striking ‘‘and’’ defined in section 701 of the Civil Rights Act cluding through increased leveraging of re- after the semicolon; of 1964 (42 U.S.C. 2000e)).’’. sources other than those funded through pro- grams under title I; (2) by redesignating paragraph (4) as para- SEC. 156. TABLE OF CONTENTS. ‘‘(cc) implementation of statewide coordi- graph (5); and Section 1(b) (29 U.S.C. 9201 note) is amend- nation activities through agreements with (3) by inserting after paragraph (3) the fol- ed— relevant State agencies and offices, includ- lowing: (1) by striking the item relating to section ing those responsible for programs under the ‘‘(4) the negotiated levels of performance of 106 and inserting the following: Adult Education and Family Literacy Act the States, the States’ requests for adjust- ‘‘Sec. 106. Purposes.’’; ments of such levels, and the adjustments of (20 U.S.C. 9201 et seq.) and the Rehabilitation such levels that are made; and’’. (2) by striking the item relating to section Act of 1973 (29 U.S.C. 701 et seq.); (b) AVAILABILITY.—Section 189(g)(2) (29 123 and inserting the following: ‘‘(dd) statewide coordination through local U.S.C. 2939(g)(2)) is amended, in the first sen- ‘‘Sec. 123. Eligible providers of youth activi- workforce investment boards or areas; tence— ties.’’; ‘‘(ee) alignment of management informa- tion systems to integrate participant infor- (1) by striking ‘‘Funds’’ and inserting ‘‘Ex- (3) by striking the item relating to section mation across programs; or cept as otherwise provided in this paragraph, 169 and inserting the following: ‘‘(ff) integration of performance informa- funds’’; and ‘‘Sec. 169. Youth challenge grants.’’; (2) by striking ‘‘each State receiving’’ and tion systems and common measures for ac- inserting ‘‘each recipient of’’. (4) by striking the item relating to section countability across workforce and education (c) GENERAL WAIVERS.—Section 189(i)(4) (29 173 and inserting the following: programs. U.S.C. 2939(i)(4)) is amended— ‘‘Sec. 173. National dislocated worker ‘‘(3) USE OF FUNDS.—The funds awarded to (1) in subparagraph (A)(i), by inserting grants.’’; a State under this section may be used to ‘‘the funding of infrastructure costs for one- (5) by striking the item relating to section carry out activities authorized for States under chapters 4 and 5 of subtitle B of title stop centers,’’ after ‘‘local boards,’’; 193 and inserting the following: I, title II, and the Carl D. Perkins Vocational (2) in subparagraph (C), by striking ‘‘90’’ ‘‘Sec. 193. Transfer of Federal equity in State and inserting ‘‘60’’; and and Technical Education Act of 1998 (20 employment security agency U.S.C. 2301 et seq.), including demonstration (3) by adding at the end the following: real property to the States.’’; ‘‘(D) EXPEDITED REQUESTS.—The Secretary projects, and for such innovative projects or shall expedite requests for waivers of statu- (6) by inserting after the item relating to programs that increase coordination and en- tory or regulatory requirements that have section 243 the following: hance service to program participants, par- been approved for a State pursuant to sub- ‘‘Sec. 244. Integrated English literacy and ticularly hard-to-serve populations, includ- paragraph (B), if the requirements of this civics education.’’; ing— paragraph have been satisfied. and ‘‘(A) activities that support business needs, especially for incumbent workers and en- ‘‘(E) SPECIAL RULE.—With respect to any (7) by striking the item relating to section hancing opportunities for retention and ad- State that has a waiver under this paragraph 502. vancement; relating to the transfer authority under sec- Subtitle F—Incentive Grants tion 133(b)(4), and has the waiver in effect on ‘‘(B) activities that support linkages with SEC. 161. INCENTIVE GRANTS. the date of enactment of the Workforce In- secondary, postsecondary, or career and Section 503 (20 U.S.C. 9273) is amended— vestment Act Amendments of 2005 or subse- technical education programs, including ac- (1) by striking subsection (a) and inserting quently receives such a waiver, the waiver tivities under the Carl D. Perkins Vocational the following: and Technical Education Act of 1998 (20 shall continue to apply for so long as the ‘‘(a) IN GENERAL.— U.S.C. 2301 et seq.), the Adult Education and State meets or exceeds State performance ‘‘(1) TIMELINE.— Family Literacy Act (20 U.S.C. 9201 et seq.), measures relating to the indicators described ‘‘(A) PRIOR TO JULY 1, 2006.—Prior to July 1, and the Rehabilitation Act of 1973 (29 U.S.C. in section 136(b)(2)(A)(i).’’. 2006, the Secretary shall award a grant to 701 et seq.); SEC. 154. USE OF CERTAIN REAL PROPERTY. each State in accordance with the provisions ‘‘(C) activities that support statewide eco- Section 193 (29 U.S.C. 2943) is amended to of this section as this section was in effect nomic development plans that support high- read as follows: on July 1, 2003. wage, high-skill, or high-demand occupa- ‘‘SEC. 193. TRANSFER OF FEDERAL EQUITY IN ‘‘(B) BEGINNING JULY 1, 2006.—Beginning on tions leading to self-sufficiency; STATE EMPLOYMENT SECURITY July 1, 2006, the Secretary shall award incen- ‘‘(D) activities that coordinate workforce AGENCY REAL PROPERTY TO THE STATES. tive grants to States for performance de- investment programs with other Federal and ‘‘(a) TRANSFER OF FEDERAL EQUITY.—Not- scribed in paragraph (2) in carrying out inno- State programs related to the activities withstanding any other provision of law, any vative programs consistent with the pro- under this Act; Federal equity acquired in real property grams under chapters 4 and 5 of subtitle B of ‘‘(E) activities that support the develop- through grants to States awarded under title title I, to implement or enhance innovative ment of a statewide integrated performance III of the Social Security Act (42 U.S.C. 501 and coordinated programs consistent with information system that includes common et seq.) or under the Wagner-Peyser Act (29 the statewide economic, workforce, and edu- measures; U.S.C. 49 et seq.) is transferred to the States cational interests of the State. ‘‘(F) activities that align management in- that used the grants for the acquisition of ‘‘(2) BASIS.—The Secretary shall award the formation systems with integrated perform- such equity. The portion of any real property grants on the basis that States— ance information across education and work- that is attributable to the Federal equity ‘‘(A) have exceeded the State adjusted lev- force programs; or transferred under this section shall be used els of performance for title I, the adjusted ‘‘(G) activities that support local work- to carry out activities authorized under title levels of performance for title II, and the lev- force investment boards or areas in improv- III of the Social Security Act or the Wagner- els of performance under the Carl D. Perkins ing performance and program coordination. Peyser Act. Any disposition of such real Vocational and Technical Education Act of ‘‘(4) WAIVER.—For States that have devel- property shall be carried out in accordance 1998 (20 U.S.C. 2301 et seq.); or oped and implemented a statewide inte- with the procedures prescribed by the Sec- ‘‘(B) have— grated performance information system with retary and the portion of the proceeds from ‘‘(i) met the State adjusted levels of per- common measures, as described in paragraph the disposition of such real property that is formance for title I, the adjusted levels of (3)(E), for federally funded workforce and attributable to the Federal equity trans- performance for title II, and the levels of education programs, the Secretary may ferred under this section shall be used to performance under the Carl D. Perkins Voca- waive specified Federal reporting require- carry out activities authorized under title III tional and Technical Education Act of 1998 ments for such State to be in compliance of the Social Security Act or the Wagner- (20 U.S.C. 2301 et seq.); and with reporting requirements under this Act Peyser Act. ‘‘(ii) demonstrated— and other workforce and education programs ‘‘(b) LIMITATION ON USE.—A State shall not ‘‘(I) exemplary coordination of Federal as the Secretary has authority or agreement use funds awarded under title III of the So- workforce and education programs, state- to waive.

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‘‘(5) TECHNICAL ASSISTANCE.—The Secretary (C) in subparagraph (C), by striking ‘‘of ‘‘(1) shall reserve 1.5 percent to carry out shall reserve 4 percent of the funds available demonstrated effectiveness’’; and section 242, except that the amount so re- for grants under this section to provide tech- (D) in subparagraph (I), by inserting ‘‘or served shall not exceed $10,000,000; nical assistance to States to replicate best coalition’’ after ‘‘consortium’’; ‘‘(2) shall reserve 1.5 percent to carry out practices or to develop integrated perform- (4) in paragraph (6)— section 243 and subsection (f)(4), except that ance information systems and strengthen co- (A) by striking ‘‘LITERACY PROGRAM’’ and the amount so reserved shall not exceed ordination with education and economic de- inserting ‘‘LANGUAGE ACQUISITION PROGRAM’’; $8,000,000; velopment.’’; and (B) by striking ‘‘literacy program’’ and in- ‘‘(3) shall make available, to the Secretary (2) by striking subsection (d). serting ‘‘language acquisition program’’; and of Labor, 1.72 percent for incentive grants Subtitle G—Conforming Amendments (C) by inserting ‘‘reading, writing, and under section 136(i); and speaking’’ after ‘‘competence in’’; ‘‘(4) shall reserve 12 percent of the amount SEC. 171. CONFORMING AMENDMENTS. (5) by striking paragraph (10); that remains after reserving funds under (a) OLDER AMERICANS ACT OF 1965.—Section (6) by redesignating paragraphs (7) through paragraphs (1), (2) and (3) to carry out sec- 512(a) of the Older Americans Act of 1965 (42 (9) and (12) through (18) as paragraphs (8) tion 244.’’; U.S.C. 3056j(a)) is amended by striking through (10) and (13) through (19), respec- (2) in subsection (c)(2)— ‘‘(B)(vi)’’ and inserting ‘‘(B)(v)’’. tively; (A) by inserting ‘‘and the sole agency re- (b) ADULT EDUCATION AND FAMILY LITERACY (7) by inserting after paragraph (6) the fol- sponsible for administering or supervising ACT.—Section 212(b)(3)(A)(vi) of the Adult lowing: policy for adult education and literacy in the Education and Family Literacy Act (20 ‘‘(7) ESSENTIAL COMPONENTS OF READING IN- Republic of Palau’’ after ‘‘an initial allot- U.S.C. 9212(b)(3)(A)(vi)) is amended by strik- STRUCTION.—The term ‘essential components ment under paragraph (1)’’; ing ‘‘the representatives described in section of reading instruction’ has the meaning (B) by inserting ‘‘or served by the agency 136(i)(1)’’ and inserting ‘‘representatives of given the term in section 1208 of the Elemen- for the Republic of Palau’’ after ‘‘by the eli- appropriate Federal agencies, and represent- tary and Secondary Education Act of 1965 (20 gible agency’’; and atives of States and political subdivisions, U.S.C. 6368).’’; (C) by striking ‘‘States and outlying business and industry, employees, eligible (8) by inserting after paragraph (11) the fol- areas’’ and inserting ‘‘States, outlying areas, providers of employment and training activi- lowing: and the Republic of Palau’’; ties (as defined in section 101), educators, ‘‘(12) LIMITED ENGLISH PROFICIENCY.—The (3) in subsection (e)— and participants (as defined in section 101), term ‘limited English proficiency’, when (A) in paragraph (1)— with expertise regarding workforce invest- used with respect to an individual, means an (i) by striking ‘‘the Republic of the Mar- ment policies and workforce investment ac- adult or out-of-school youth who has limited shall Islands, the Federated States of Micro- tivities (as defined in section 101)’’. ability in speaking, reading, writing, or un- nesia, and’’; and TITLE II—AMENDMENTS TO THE ADULT derstanding the English language, and— (ii) by striking ‘‘the Republic of the Mar- EDUCATION AND FAMILY LITERACY ACT ‘‘(A) whose native language is a language shall Islands, the Federated States of Micro- SEC. 201. SHORT TITLE; PURPOSE. other than English; or nesia, or’’ and inserting ‘‘or’’; and (a) SHORT TITLE.—This title may be cited ‘‘(B) who lives in a family or community (B) in paragraph (3)— as the ‘‘Adult Education and Family Lit- environment where a language other than (i) by striking ‘‘the Republic of the Mar- eracy Act Amendments of 2005’’. English is the dominant language.’’; shall Islands, the Federated States of Micro- (b) PURPOSE.—Section 202 of the Adult (9) by striking paragraph (15), as redesig- nesia, and’’; and Education and Family Literacy Act (20 nated by paragraph (6), and inserting the fol- (ii) by striking ‘‘2001’’ and inserting ‘‘2007’’; U.S.C. 9201) is amended— lowing: and (1) in paragraph (2), by striking ‘‘and’’ ‘‘(15) OUTLYING AREA.—The term ‘outlying (4) by striking subsection (f) and inserting after the semicolon; area’ means the United States Virgin Is- the following: (2) in paragraph (3), by striking ‘‘edu- lands, Guam, American Samoa, and the Com- ‘‘(f) HOLD-HARMLESS PROVISIONS.— cation.’’ and inserting ‘‘education and in the monwealth of the Northern Mariana Is- ‘‘(1) IN GENERAL.—Notwithstanding sub- transition to postsecondary education; and’’; lands.’’; and section (c) and subject to paragraph (2), for and (10) by striking paragraph (19), as redesig- fiscal year 2005 and each succeeding fiscal (3) by adding at the end the following: nated by paragraph (6), and inserting the fol- year, no eligible agency shall receive an al- ‘‘(4) assist immigrants and other individ- lowing: lotment under this section that is less than uals with limited English proficiency in im- ‘‘(19) WORKPLACE LITERACY PROGRAM.—The 90 percent of the allotment the eligible agen- proving their reading, writing, speaking, and term ‘workplace literacy program’ means an cy received for the preceding fiscal year mathematics skills and acquiring an under- educational program designed to improve under this section. standing of the American free enterprise sys- the productivity of the workforce through ‘‘(2) 100 PERCENT ALLOTMENT.—Notwith- tem, individual freedom, and the responsibil- the improvement of literacy skills that is of- standing paragraphs (1) and (2) of subsection ities of citizenship.’’. fered by an eligible provider in collaboration (e), an eligible agency that receives only an SEC. 202. DEFINITIONS. with an employer or an employee organiza- initial allotment under subsection (c)(1) (and Section 203 of the Adult Education and tion at a workplace, at an off-site location, no additional allotment under subsection Family Literacy Act (20 U.S.C. 9202) is or in a simulated workplace environment.’’. (c)(2)) shall receive an allotment under this amended— SEC. 203. HOME SCHOOLS. section that is equal to 100 percent of the ini- (1) in paragraph (1)— Section 204 of the Adult Education and tial allotment under subsection (c)(1). (A) in the matter preceding subparagraph Family Literacy Act (20 U.S.C. 9203) is ‘‘(3) RATABLE REDUCTION.—If for any fiscal (A), by striking ‘‘services or instruction amended to read as follows: year the amount available for allotment below the postsecondary level’’ and inserting ‘‘SEC. 204. HOME SCHOOLS. under this subtitle is insufficient to satisfy ‘‘academic instruction and education serv- ‘‘Nothing in this title shall be construed to the provisions of paragraphs (1) and (2), the ices below the postsecondary level that in- affect home schools, whether a home school Secretary shall ratably reduce the payments crease an individual’s ability to read, write, is treated as a home school or a private to all eligible agencies, as necessary. and speak in English and perform mathe- school under State law, or to compel a par- ‘‘(4) ADDITIONAL ASSISTANCE.— matics’’; and ent engaged in home schooling to participate ‘‘(A) IN GENERAL.—From amounts reserved (B) by striking subparagraph (C)(i) and in- in an English language acquisition program, under subsection (a)(2), the Secretary shall serting the following: family literacy services, or adult edu- make grants to eligible agencies described in ‘‘(i) are basic skills deficient as defined in cation.’’. subparagraph (B) to enable such agencies to section 101;’’; SEC. 204. AUTHORIZATION OF APPROPRIATIONS. provide activities authorized under chapter (2) in paragraph (2), by striking ‘‘activities Section 205 of the Adult Education and 2. described in section 231(b)’’ and inserting Family Literacy Act (20 U.S.C. 9204) is ‘‘(B) ELIGIBILITY.—An eligible agency is el- ‘‘programs and services which include read- amended— igible to receive a grant under this para- ing, writing, speaking, or mathematics (1) by striking ‘‘1999’’ and inserting ‘‘2006’’; graph for a fiscal year if the amount of the skills, workplace literacy activities, family and allotment such agency receives under this literacy activities, English language acquisi- (2) by striking ‘‘2003’’ and inserting ‘‘2011’’. section for the fiscal year is less than the tion activities, or other activities necessary SEC. 205. RESERVATION OF FUNDS; GRANTS TO amount such agency would have received for for the attainment of a secondary school di- ELIGIBLE AGENCIES; ALLOTMENTS. the fiscal year if the allotment formula ploma or its State recognized equivalent’’; Section 211 of the Adult Education and under this section as in effect on September (3) in paragraph (5)— Family Literacy Act (20 U.S.C. 9211) is 30, 2003, were in effect for such year. (A) by inserting ‘‘an organization that has amended— ‘‘(C) AMOUNT OF GRANT.—The amount of a demonstrated effectiveness in providing (1) by striking subsection (a) and inserting grant made to an eligible agency under this adult education, that may include’’ after the following: paragraph for a fiscal year shall be the dif- ‘‘means’’; ‘‘(a) RESERVATION OF FUNDS.—From the ference between— (B) in subparagraph (B), by striking ‘‘of sum appropriated under section 205 for a fis- ‘‘(i) the amount of the allotment such demonstrated effectiveness’’; cal year, the Secretary— agency would have received for the fiscal

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year if the allotment formula under this sec- ‘‘(C) ALTERNATIVE ASSESSMENT SYSTEMS.— SEC. 208. STATE DISTRIBUTION OF FUNDS; tion as in effect on September 30, 2003, were Eligible agencies may approve the use of as- MATCHING REQUIREMENT. in effect for such year; and sessment systems that are not commercially Section 222 of the Adult Education and ‘‘(ii) the amount of the allotment such available standardized systems if such sys- Family Literacy Act (20 U.S.C. 9222) is agency receives under this section for the tems meet the Standards for Educational amended— fiscal year.’’. and Psychological Testing issued by the (1) in subsection (a)— SEC. 206. PERFORMANCE ACCOUNTABILITY SYS- Joint Committee on Standards for Edu- (A) in paragraph (1)— TEM. cational and Psychological Testing of the (i) by striking ‘‘82.5’’ the first place such Section 212 of the Adult Education and American Educational Research Association, term appears and inserting ‘‘80’’; and Family Literacy Act (20 U.S.C. 9212) is the American Psychological Association, (ii) by striking ‘‘the 82.5 percent’’ and in- amended— and the National Council on Measurement in serting ‘‘such amount’’; (1) in subsection (b)— Education.’’; (B) in paragraph (2), by striking ‘‘not more (A) in paragraph (1)(A)(ii), by striking ‘‘ad- (2) in subsection (c)— than 12.5 percent’’ and inserting ‘‘not more ditional indicators of performance (if any)’’ (A) in paragraph (1)— than 15 percent’’; and and inserting ‘‘the employment performance (i) by inserting ‘‘the Governor, the State (C) in paragraph (3), by striking ‘‘$65,000’’ indicators’’; legislature, and the State workforce invest- and inserting ‘‘$75,000’’; and (B) by striking paragraph (2) and inserting ment board’’ after ‘‘Secretary’’; and (2) in subsection (b)(1), by striking ‘‘equal the following: (ii) by striking ‘‘including’’ and all that to’’ and inserting ‘‘that is not less than’’. ‘‘(2) INDICATORS OF PERFORMANCE.— follows through the period and inserting ‘‘in- SEC. 209. STATE LEADERSHIP ACTIVITIES. ‘‘(A) CORE INDICATORS OF PERFORMANCE.— An eligible agency shall identify in the State cluding the following: Section 223 of the Adult Education and plan individual academic performance indi- ‘‘(A) Information on the levels of perform- Family Literacy Act (20 U.S.C. 9223) is cators that include, at a minimum, the fol- ance achieved by the eligible agency with re- amended— lowing: spect to the core indicators of performance, (1) in subsection (a)— ‘‘(i) Measurable improvements in literacy and employment performance indicators. (A) in the matter preceding paragraph (1), skill levels in reading, writing, and speaking ‘‘(B) Information on the number or per- by inserting ‘‘to develop or enhance the the English language, numeracy, problem centage of qualifying adults (as defined in adult education system of the State or out- solving, English language acquisition, and section 211(d)) who are participants in adult lying area’’ after ‘‘activities’’; other literacy skills. education programs under this subtitle and (B) in paragraph (1), by striking ‘‘instruc- ‘‘(ii) Placement in, retention in, or comple- making satisfactory progress toward 1 or tion incorporating’’ and all that follows tion of, postsecondary education or other more of each of the following: through the period and inserting ‘‘instruc- training programs. ‘‘(i) Core indicators of performance. tion incorporating the essential components ‘‘(iii) Completion of a secondary school di- ‘‘(ii) Employment performance indicators. of reading instruction and instruction pro- ploma, its recognized equivalent, or a recog- ‘‘(iii) Other long-term objectives. vided by volunteers or by personnel of a nized alternative standard for individuals ‘‘(C) The number and type of each eligible State or outlying area.’’; with disabilities. provider that receives funding under such (C) in paragraph (2), by inserting ‘‘, includ- ‘‘(B) EMPLOYMENT PERFORMANCE INDICA- grant. ing development and dissemination of in- TORS.— ‘‘(D) The number of enrollees 16 to 18 years structional and programmatic practices ‘‘(i) IN GENERAL.—An eligible agency shall of age who enrolled in adult education not based on the most rigorous research avail- identify in the State plan individual partici- later than 1 year after participating in sec- able in reading, writing, speaking, mathe- pant employment performance indicators ondary school education.’’; matics, English language acquisition pro- that include, at a minimum, the following: (B) in paragraph (2)(A), by inserting ‘‘eligi- grams, distance learning, and staff training’’ ‘‘(I) Entry into unsubsidized employment. ble providers and’’ after ‘‘available to’’; and after ‘‘activities’’; ‘‘(II) Retention in unsubsidized employ- (C) by adding at the end the following: (D) in paragraph (5), by striking ‘‘moni- ment 6 months after entry into the employ- ‘‘(3) DATA ACCESS.—The report made avail- toring and’’; ment. able under paragraph (2) shall indicate which (E) by striking paragraph (6) and inserting ‘‘(III) Increases in earnings from unsub- eligible agencies did not have access to State the following: sidized employment. unemployment insurance wage data in meas- ‘‘(6) The development and implementation (ii) DATA COLLECTION.—The State work- uring employment performance indicators.’’; of technology applications, translation tech- force investment board shall assist the eligi- and nology, or distance learning, including pro- ble agency in obtaining and using quarterly (3) by adding at the end the following: fessional development to support the use of wage records to collect data for each of the instructional technology.’’; and ‘‘(d) PROGRAM IMPROVEMENT.— indicators described in clause (i), consistent (F) by striking paragraph (7) through para- ‘‘(1) IN GENERAL.—If the Secretary deter- with applicable Federal and State privacy graph (11) and inserting the following: mines that an eligible agency did not meet laws. ‘‘(7) Coordination with— its adjusted levels of performance for the ‘‘(C) INDICATORS FOR WORKPLACE LITERACY ‘‘(A) other partners carrying out activities core indicators of performance described in PROGRAMS.—Special accountability measures authorized under this Act; and subsection (b)(2)(A) for any program year, may be negotiated for workplace literacy ‘‘(B) existing support services, such as the eligible agency shall— programs.’’; and transportation, child care, mental health ‘‘(A) work with the Secretary to develop (C) in paragraph (3)— services, and other assistance designed to in- and implement a program improvement plan (i) in subparagraph (A)— crease rates of enrollment in, and successful for the 2 program years succeeding the pro- (I) in clause (i)(II), by striking ‘‘in per- completion of, adult education and literacy gram year in which the eligible agency did formance’’ and inserting ‘‘the agency’s per- activities, for adults enrolled in such activi- not meet its adjusted levels of performance; formance outcomes in an objective, quantifi- ties. and able, and measurable form’’; ‘‘(8) Developing and disseminating cur- ‘‘(B) revise its State plan under section 224, (II) in clause (ii), by striking ‘‘3 programs ricula, including curricula incorporating the if necessary, to reflect the changes agreed to years’’ and inserting ‘‘2 program years’’; essential components of reading instruction in the program improvement plan. (III) in clause (iii), by striking ‘‘FIRST 3 as such components relate to adults. ‘‘(2) FURTHER ASSISTANCE.—If, after the pe- YEARS’’ and inserting ‘‘FIRST 2 YEARS’’; ‘‘(9) The provision of assistance to eligible riod described in paragraph (1)(A), the Sec- (IV) in clause (iii), by striking ‘‘first 3 pro- providers in developing, implementing, and retary has provided technical assistance to gram years’’ and inserting ‘‘first 2 program reporting measurable progress in achieving the eligible agency but determines that the years’’; the objectives of this subtitle. eligible agency did not meet its adjusted lev- (V) in clause (v), by striking ‘‘4TH AND 5TH’’ ‘‘(10) The development and implementation els of performance for the core indicators of and inserting ‘‘3RD AND 4TH’’; of a system to assist in the transition from performance described in subsection (VI) in clause (v), by striking ‘‘to the adult basic education to postsecondary edu- (b)(2)(A), the Secretary may require the eli- fourth’’ and inserting ‘‘to the third’’; cation, including linkages with postsec- gible agency to make further revisions to the (VII) in clause (v), by striking ‘‘fourth and ondary educational institutions. program improvement plan described in fifth’’ and inserting ‘‘third and fourth’’; and ‘‘(11) Integration of literacy and English paragraph (1). Such further revisions shall be (VIII) in clause (vi), by striking ‘‘(II)’’ and language instruction with occupational skill accompanied by further technical assistance inserting ‘‘(I)’’; training, and promoting linkages with em- from the Secretary.’’. (ii) in subparagraph (B)— ployers. (I) by striking the heading and inserting SEC. 207. STATE ADMINISTRATION. ‘‘(12) Activities to promote workplace lit- ‘‘LEVELS OF EMPLOYMENT PERFORMANCE’’; eracy programs. (II) by striking ‘‘may’’ and inserting Section 221(1) of the Adult Education and ‘‘(13) Activities to promote and com- ‘‘shall’’; and Family Literacy Act (20 U.S.C. 9221(1)) is plement local outreach initiatives described (III) by striking ‘‘additional’’ and inserting amended by striking ‘‘and implementation’’ in section 243(b)(3)(F). ‘‘employment performance’’; and and inserting ‘‘implementation, and moni- ‘‘(14) In cooperation with efforts funded (iii) by adding at the end the following: toring’’. under sections 242 and 243, the development

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00133 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.080 S12PT1 S5140 CONGRESSIONAL RECORD — SENATE May 12, 2005 of curriculum frameworks and rigorous con- ‘‘(A) how the eligible agency will evaluate ‘‘(A) how the State will build the capacity tent standards that— and measure annually such effectiveness on of organizations that provide adult edu- ‘‘(A) specify what adult learners should a grant-by-grant basis; and cation and literacy activities; and know and be able to do in the areas of read- ‘‘(B) how the eligible agency— ‘‘(B) how the State will increase the par- ing and language arts, mathematics, and ‘‘(i) will hold eligible providers account- ticipation of business and industry in adult English language acquisition; and able regarding the progress of such providers education and literacy activities;’’; and ‘‘(B) take into consideration the following: in improving the academic achievement of (L) by adding at the end the following: ‘‘(i) State academic standards established participants in adult education programs ‘‘(14) a description of how the eligible agen- under section 1111(b) of the Elementary and under this subtitle and regarding the core in- cy will consult with any State agency re- Secondary Education Act of 1965. dicators of performance described in section sponsible for postsecondary education to de- ‘‘(ii) The current adult skills and literacy 212(b)(2)(A); and velop adult education programs and services assessments used in the State or outlying ‘‘(ii) will use technical assistance, sanc- (including academic skill development and area. tions, and rewards (including allocation of support services) that prepare students to ‘‘(iii) The core indicators of performance grant funds based on performance and termi- enter postsecondary education upon the at- established under section 212(b)(2)(A). nation of grant funds based on perform- tainment of a secondary school diploma or ‘‘(iv) Standards and academic require- ance)’’; its recognized equivalent; ments for enrollment in non-remedial, for- (D) by redesignating paragraphs (5) ‘‘(15) a description of how the eligible agen- credit, courses in postsecondary education through (12) as paragraphs (6) through (13), cy will consult with the State agency re- sponsible for workforce development to de- institutions supported by the State or out- respectively; velop adult education programs and services lying area. (E) by inserting after paragraph (4) the fol- that are designed to prepare students to ‘‘(v) Where appropriate, the basic and lit- lowing: enter the workforce; and eracy skill content of occupational and in- ‘‘(5) a description of how the eligible agen- ‘‘(16) a description of how the eligible agen- dustry skill standards widely used by busi- cy will improve teacher quality, the profes- cy will improve the professional develop- ness and industry in the State or outlying sional development of eligible providers, and ment of eligible providers of adult education area. instruction;’’; ‘‘(15) In cooperation with efforts funded and literacy activities.’’; (G) in paragraph (6) (as redesignated by (3) in subsection (c), by adding at the end under sections 242 and 243, development and subparagraph (D)), by striking ‘‘who’’ and all piloting of— the following: ‘‘At the end of the first 2-year that follows through the semicolon and in- period of the 4-year State plan, the eligible ‘‘(A) new assessment tools and strategies serting ‘‘that— that— agency shall review and, as needed, revise ‘‘(A) offers flexible schedules and coordi- the 4-year State plan.’’; and ‘‘(i) are based on scientifically based re- nates with necessary Federal, State, and search, where available and appropriate; and (4) in subsection (d)— local support services (such as child care, (A) in paragraph (1), by inserting ‘‘, the ‘‘(ii) identify the needs and capture the transportation, mental health services, and gains of students at all levels, with par- chief State school officer, the State officer case management) to enable individuals, in- responsible for administering community ticular emphasis on— cluding individuals with disabilities or indi- ‘‘(I) students at the lowest achievement and technical colleges, and the State Work- viduals with other special needs, to partici- force Investment Board’’ after ‘‘Governor’’; level; pate in adult education and literacy activi- ‘‘(II) students who have limited English and ties; and (B) in paragraph (2), by striking ‘‘com- proficiency; and ‘‘(B) attempts to coordinate with support ‘‘(III) adults with learning disabilities; ments’’ and all that follows through the pe- services that are not provided under this riod and inserting ‘‘comments regarding the ‘‘(B) options for improving teacher quality subtitle prior to using funds for adult edu- and retention; and State plan by the Governor, the chief State cation and literacy activities provided under school officer, the State officer responsible ‘‘(C) assistance in converting research into this subtitle for support services;’’; practice. for administering community and technical (H) in paragraph (10) (as redesignated by colleges, and the State Workforce Invest- ‘‘(16) The development and implementation subparagraph (D)), by striking ‘‘plan;’’ and of programs and services to meet the needs ment Board, and any revision to the State inserting ‘‘plan, which process— plan, are submitted to the Secretary.’’. of adult learners with learning disabilities or ‘‘(A) shall include the State Workforce In- SEC. 211. PROGRAMS FOR CORRECTIONS EDU- limited English proficiency. vestment Board, the Governor, State offi- ‘‘(17) Other activities of statewide signifi- CATION AND OTHER INSTITU- cials representing public schools, community TIONALIZED INDIVIDUALS. cance that promote the purpose of this colleges, welfare agencies, agencies that pro- Section 225 of the Adult Education and title.’’; and vide services to individuals with disabilities, Family Literacy Act (20 U.S.C. 9225) is (2) in subsection (c), by striking ‘‘being other State agencies that promote or operate amended— State- or outlying area-imposed’’ and insert- adult education and literacy activities, and (1) in subsection (b)— ing ‘‘being imposed by the State or outlying direct providers of such adult literacy serv- (A) in paragraph (1), by striking ‘‘basic area’’. ices; and education’’ and inserting ‘‘adult education SEC. 210. STATE PLAN. ‘‘(B) may include consultation with the and literacy activities’’; State agency for higher education, institu- (B) in paragraph (2), by inserting ‘‘and’’ Section 224 of the Adult Education and tions responsible for professional develop- after the semicolon; Family Literacy Act (20 U.S.C. 9224) is ment of adult education and literacy edu- (C) by striking paragraph (3); and amended— cation program instructors, institutions of (D) by redesignating paragraph (4) as para- (1) in subsection (a)— higher education, representatives of business graph (3); and (A) by striking the heading and inserting and industry, refugee assistance programs, (2) in subsection (d), by striking ‘‘DEFINI- ‘‘4-YEAR PLANS’’; and and community-based organizations (as such TION OF CRIMINAL OFFENDER.—’’ and insert- (B) in paragraph (1), by striking ‘‘5’’ and term is defined in section 101);’’; ing ‘‘DEFINITIONS.—In this section:’’. inserting ‘‘4’’; (I) in paragraph (11) (as redesignated by SEC. 212. GRANTS AND CONTRACTS FOR ELIGI- (2) in subsection (b)— subparagraph (D))— BLE PROVIDERS. (A) in paragraph (1), by inserting ‘‘and the (i) by inserting ‘‘assess potential popu- Section 231 of the Adult Education and role of provider and cooperating agencies in lation needs and’’ after ‘‘will’’; Family Literacy Act (20 U.S.C. 9241) is preparing the assessment’’ after ‘‘serve’’; (ii) in subparagraph (A), by striking ‘‘stu- amended— (B) by striking paragraph (2) and inserting dents’’ and inserting ‘‘individuals’’; (1) in subsection (b)— the following: (iii) in subparagraph (C), by striking ‘‘and’’ (A) in paragraph (1), by striking ‘‘work- ‘‘(2) a description of how the eligible agen- after the semicolon; and place literacy services’’ and inserting ‘‘work- cy will address the adult education and lit- (iv) by adding at the end the following: place literacy programs’’; and eracy needs identified under paragraph (1) in ‘‘(E) the unemployed; and (B) in paragraph (3), by striking ‘‘literacy’’ each workforce development area of the ‘‘(F) those individuals who are employed, and inserting ‘‘language acquisition’’; and State, using funds received under this sub- but at levels below self-sufficiency, as de- (2) in subsection (e)— title, as well as other Federal, State, or local fined in section 101.’’; (A) in paragraph (1), by inserting ‘‘to be funds received in partnership with other (J) in paragraph (12) (as redesignated by achieved annually on the core indicators of agencies for the purpose of adult literacy as subparagraph (D))— performance and employment performance applicable;’’; (i) by inserting ‘‘and how the plan sub- indicators described in section 212(b)(2)’’ (C) in paragraph (3)— mitted under this subtitle is coordinated after ‘‘outcomes’’; (i) by inserting ‘‘and measure’’ after with the plan submitted by the State under (B) by striking paragraph (3) and inserting ‘‘evaluate’’; title I’’ after ‘‘eligible agency’’; and the following: (ii) by inserting ‘‘and improvement’’ after (ii) by striking ‘‘and’’ after the semicolon; ‘‘(3) the commitment of the eligible pro- ‘‘effectiveness’’; and (K) in paragraph (13) (as redesignated by vider to be responsive to local needs and to (iii) by striking ‘‘212’’ and inserting ‘‘212, subparagraph (D)), by striking ‘‘231(c)(1).’’ serve individuals in the community who including— and inserting ‘‘231(c)(1), including— were identified by the assessment as most in

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00134 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.080 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5141 need of adult literacy services, including in- the English language, and in mathematical are pursuing the implementation of stand- dividuals who are low-income, have minimal computation,’’ after ‘‘development,’’. ards-based educational improvements for literacy skills, have learning disabilities, or SEC. 215. ADMINISTRATIVE PROVISIONS. adults through the dissemination of train- have limited English proficiency;’’; Section 241(b) of the Adult Education and ing, technical assistance, and related support (C) in paragraph (4)(B), by striking ‘‘, such Family Literacy Act (20 U.S.C. 9251(b)) is and through the development and dissemina- as’’ and all that follows through the semi- amended— tion of related standards-based assessment colon and inserting ‘‘that include the essen- (1) in paragraph (1)(A)— instruments; and tial components of reading instruction;’’; (A) by striking ‘‘adult education and lit- ‘‘(K) to identify scientifically based re- (D) in paragraph (5), by striking ‘‘re- eracy activities’’ each place the term ap- search where available, or the most rigorous search’’ and inserting ‘‘the most rigorous re- pears and inserting ‘‘activities under this research available, on the effectiveness of in- search available, including scientifically subtitle’’; and structional practices and organizational based research,’’; (B) by striking ‘‘was’’ and inserting strategies relating to literacy programs on (E) in paragraph (7), by inserting ‘‘, when ‘‘were’’; and the acquisition of skills in reading, writing, appropriate and based on the most rigorous (2) in paragraph (4)— English acquisition, and mathematics.’’; and research available, including scientifically (A) by inserting ‘‘not more than’’ after (B) by adding at the end the following: based research,’’ after ‘‘real life contexts’’; ‘‘this subsection for’’; and ‘‘(3) COORDINATION.—In identifying the reli- (F) in paragraph (9), by inserting ‘‘edu- (B) by striking ‘‘only’’. able and replicable research the Institute cation, job training, and social service’’ after SEC. 216. NATIONAL INSTITUTE FOR LITERACY. will support, the Institute shall use stand- ‘‘other available’’; Section 242 of the Adult Education and ards for research quality that are consistent (G) in paragraph (10)— Family Literacy Act (20 U.S.C. 9252) is with those of the Institute of Education (i) by inserting ‘‘coordination with Fed- amended— Sciences.’’; eral, State, and local’’ after ‘‘schedules and’’; (1) in subsection (a)— (4) in subsection (e)— and (A) in paragraph (1), by striking ‘‘literacy’’ (A) in paragraph (1)(B)— (ii) by striking ‘‘and transportation’’ and and inserting ‘‘effective literacy programs (i) in clause (i), by striking ‘‘literacy pro- inserting ‘‘, transportation, mental health for children, youth, adults, and families’’; grams’’ and inserting ‘‘language acquisition services, and case management’’; programs’’; (H) in paragraph (11)— (B) in paragraph (2), by inserting ‘‘and dis- seminates information on’’ after ‘‘coordi- (ii) in clause (ii), by striking ‘‘literacy pro- (i) by inserting ‘‘measurable’’ after ‘‘re- grams’’ and inserting ‘‘or have participated port’’; nates’’; and (C) by striking paragraph (3)(A) and insert- in or partnered with workplace literacy pro- (ii) by striking ‘‘eligible agency’’; grams’’; (iii) by inserting ‘‘established by the eligi- ing the following: ‘‘(A) coordinating and participating in the (iii) in clause (iv), by inserting ‘‘, including ble agency’’ after ‘‘performance measures’’; adult literacy research’’ after ‘‘research’’; and Federal effort to identify and disseminate in- formation on literacy that is derived from (iv) in clause (vi), by striking ‘‘and’’ after (iv) by striking ‘‘and’’ after the semicolon; the semicolon; (I) in paragraph (12), by striking ‘‘literacy scientifically based research, or the most rigorous research available, and effective (v) in clause (vii), by striking the period at programs.’’ and inserting ‘‘language acquisi- the end and inserting ‘‘; and’’; and tion programs and civics education pro- programs that serve children, youth, adults, (vi) by adding at the end the following: grams;’’; and and families; and’’; ‘‘(viii) institutions of higher education.’’; (J) by adding at the end the following: (2) by striking subsection (b)(3) and insert- (B) in paragraph (2)— ‘‘(13) the capacity of the eligible provider ing the following: (i) in subparagraph (B), by striking ‘‘and’’ to produce information on performance re- ‘‘(3) RECOMMENDATIONS.—The Interagency after the semicolon; sults, including enrollments and measurable Group, in consultation with the National In- (ii) in subparagraph (C), by striking the pe- participant outcomes; stitute for Literacy Advisory Board (in this riod at the end and inserting ‘‘; and’’; and ‘‘(14) whether reading, writing, speaking, section referred to as the ‘Board’) estab- (iii) by adding at the end the following: mathematics, and English language acquisi- lished under subsection (e), shall plan the ‘‘(D) review the biennial report submitted tion instruction provided by the eligible pro- goals of the Institute and the implementa- vider are based on the best practices derived tion of any programs to achieve the goals. to Congress pursuant to subsection (k).’’; and from the most rigorous research available; The Board may also request a meeting of the (C) in paragraph (5), by striking the second ‘‘(15) whether the eligible provider’s appli- Interagency Group to discuss any rec- sentence and inserting the following: ‘‘A rec- cations of technology and services to be pro- ommendations the Board may make.’’; ommendation of the Board may be passed vided are sufficient to increase the amount (3) in subsection (c)— only by a majority of the Board’s members and quality of learning and lead to measur- (A) in paragraph (1)— present at a meeting for which there is a able learning gains within specified time pe- (i) in subparagraph (A)— quorum.’’; and riods; and (I) by striking ‘‘to establish’’ and inserting (5) in subsection (k)— ‘‘(16) the capacity of the eligible provider ‘‘to maintain’’; (A) by striking ‘‘Labor and Human Re- to serve adult learners with learning disabil- (II) in clause (i), by striking ‘‘phonemic sources’’ and inserting ‘‘Health, Education, ities.’’. awareness, systematic phonics, fluency, and Labor, and Pensions’’; and SEC. 213. LOCAL APPLICATION. reading comprehension’’ and inserting ‘‘the (B) by striking ‘‘The Institute shall submit Section 232 of the Adult Education and essential components of reading instruc- a report biennially to’’ and inserting ‘‘Not Family Literacy Act (20 U.S.C. 9242) is tion’’; later than 1 year after the date of enactment amended— (III) in clause (iii), by striking ‘‘and’’ after of the Adult Education and Family Literacy (1) in paragraph (1)— the semicolon; Act Amendments of 2005, and biennially (A) by inserting ‘‘consistent with the re- (IV) in clause (iv), by inserting ‘‘and’’ after thereafter, the Institute shall submit a re- quirements of this subtitle’’ after ‘‘spent’’; the semicolon; and port to’’. and (V) by adding at the end the following: SEC. 217. NATIONAL LEADERSHIP ACTIVITIES. (B) by striking ‘‘and’’ after the semicolon; ‘‘(v) a list of local adult education and lit- Section 243 of the Adult Education and (2) in paragraph (2), by striking the period eracy programs;’’; Family Literacy Act (20 U.S.C. 9253) is at the end and inserting ‘‘; and’’; and (ii) in subparagraph (C)— amended to read as follows: (3) by adding at the end the following: (I) by striking ‘‘reliable and replicable re- ‘‘SEC. 243. NATIONAL LEADERSHIP ACTIVITIES. ‘‘(3) information that addresses each of the search’’ and inserting ‘‘reliable and ‘‘(a) IN GENERAL.—The Secretary shall es- considerations required under section replicable research as defined by the Insti- tablish and carry out a program of national 231(e).’’. tute of Education Sciences’’; and leadership activities to enhance the quality SEC. 214. LOCAL ADMINISTRATIVE COST LIMITS. (II) by striking ‘‘especially with the Office of adult education and literacy programs na- Section 233 of the Adult Education and of Educational Research and Improvement in tionwide. Family Literacy Act (20 U.S.C. 9243) is the Department of Education,’’; ‘‘(b) PERMISSIVE ACTIVITIES.—The national amended— (iii) in subparagraph (D), by striking ‘‘pho- leadership activities described in subsection (1) in subsection (a)(2)— nemic awareness, systematic phonics, flu- (a) may include the following: (A) by inserting ‘‘and professional’’ after ency, and reading comprehension based on’’ ‘‘(1) Technical assistance, including— ‘‘personnel’’; and and inserting ‘‘the essential components of ‘‘(A) assistance provided to eligible pro- (B) by inserting ‘‘development of measur- reading instruction and’’; viders in developing and using performance able goals in reading, writing, and speaking (iv) in subparagraph (H), by striking ‘‘and’’ measures for the improvement of adult edu- the English language, and in mathematical after the semicolon; cation and literacy activities, including fam- computation,’’ after ‘‘development,’’; and (v) in subparagraph (I), by striking the pe- ily literacy services; (2) in subsection (b)— riod at the end and inserting a semicolon; ‘‘(B) assistance related to professional de- (A) by inserting ‘‘and professional’’ after and velopment activities, and assistance for the ‘‘personnel’’; and (vi) by adding at the end the following: purposes of developing, improving, identi- (B) by inserting ‘‘development of measur- ‘‘(J) to work cooperatively with the De- fying, and disseminating the most successful able goals in reading, writing, and speaking partment of Education to assist States that methods and techniques for providing adult

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00135 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.080 S12PT1 S5142 CONGRESSIONAL RECORD — SENATE May 12, 2005 education and literacy activities, including pants in such activities to involvement in Education and Family Literacy Act (as such family literacy services, based on scientific further education and training, enhance the Act was in effect on the day before the date evidence where available; employment and earnings of such partici- of enactment of the Adult Education and ‘‘(C) assistance in distance learning and pants, and, if applicable, lead to other posi- Family Literacy Act Amendments of 2005). promoting and improving the use of tech- tive outcomes, such as reductions in recidi- TITLE III—AMENDMENTS TO OTHER nology in the classroom; vism in the case of prison-based adult edu- PROVISIONS OF LAW ‘‘(D) assistance in developing valid, meas- cation and literacy activities; SEC. 301. WAGNER-PEYSER ACT. urable, and reliable performance data, in- ‘‘(iii) the extent to which the provision of (a) CONFORMING AMENDMENT.—Section 2(3) cluding data about employment and employ- support services to adults enrolled in adult of the Wagner-Peyser Act (29 U.S.C. 49a(3)) is ment outcome, and using performance infor- education and family literacy programs in- amended by striking ‘‘section 134(c)’’ and in- mation for the improvement of adult edu- crease the rate of enrollment in, and success- serting ‘‘section 121(e)’’. cation and literacy programs; and ful completion of, such programs; and (b) COLOCATION.—Section 3 of the Wagner- ‘‘(E) assistance to help States, particularly ‘‘(iv) the extent to which different types of Peyser Act (29 U.S.C. 49b) is amended by add- low-performing States, meet the require- providers measurably improve the skills of ing at the end the following: ments of section 212. participants in adult education and literacy ‘‘(d) In order to avoid duplication of serv- ‘‘(2) A program of grants, contracts, or co- programs; ices and enhance integration of services, em- operative agreements awarded on a competi- ‘‘(F) supporting efforts aimed at capacity ployment services offices in each State shall tive basis to national, regional, or local net- building of programs at the State and local be colocated with one-stop centers estab- works of private nonprofit organizations, levels such as technical assistance in pro- lished under title I of the Workforce Invest- public libraries, or institutions of higher gram planning, assessment, evaluation, and ment Act of 1998 (29 U.S.C. 2801 et seq.). education to build the capacity of such net- monitoring of activities carried out under ‘‘(e) The Secretary, in consultation with works’ members to meet the performance re- this subtitle; States, is authorized to assist in the develop- quirements of eligible providers under this ‘‘(G) collecting data, such as data regard- ment of national electronic tools that may title and involve adult learners in program ing the improvement of both local and State be used to improve access to workforce infor- improvement. data systems, through technical assistance mation for individuals through— ‘‘(3) Funding national leadership activities and development of model performance data ‘‘(1) the one-stop delivery systems estab- that are not described in paragraph (1), ei- collection systems; ther directly or through grants, contracts, or lished under section 121(e) of the Workforce ‘‘(H) supporting the development of an en- Investment Act of 1998 (29 U.S.C. 2841(e)); and cooperative agreements awarded on a com- tity that would produce and distribute tech- petitive basis to or with postsecondary edu- ‘‘(2) such other delivery systems as the nology-based programs and materials for Secretary determines to be appropriate.’’. cational institutions, public or private orga- adult education and literacy programs using nizations or agencies, or consortia of such (c) COOPERATIVE STATISTICAL PROGRAM.— an interconnection system (as defined in sec- Section 14 of the Wagner-Peyser Act (29 institutions, organizations, or agencies, such tion 397 of the Communications Act of 1934 as— U.S.C. 49l–1) is amended by striking the sec- (47 U.S.C. 397)) and expand the effective out- tion heading and all that follows through ‘‘(A) developing, improving, and identi- reach and use of such programs and mate- fying the most successful methods and tech- ‘‘There’’ and inserting the following: rials to adult education eligible providers; niques for addressing the education needs of ‘‘SEC. 14. COOPERATIVE STATISTICAL PROGRAM. ‘‘(I) determining how participation in adult adults, including instructional practices ‘‘There’’. education and literacy activities prepares in- using the essential components of reading in- (d) WORKFORCE AND LABOR MARKET INFOR- dividuals for entry into postsecondary edu- struction based on the work of the National MATION SYSTEM.—Section 15 of the Wagner- cation and employment and, in the case of Institute of Child Health and Human Devel- Peyser Act (29 U.S.C. 49l–2) is amended— prison-based services, has an effect on recidi- opment; (1) by striking the section heading and in- vism; and ‘‘(B) increasing the effectiveness of, and serting the following: ‘‘(J) other activities designed to enhance improving the quality of, adult education ‘‘SEC. 15. WORKFORCE AND LABOR MARKET IN- the quality of adult education and literacy and literacy activities, including family lit- FORMATION SYSTEM.’’; eracy services; activities nationwide.’’. (2) by striking ‘‘employment statistics sys- ‘‘(C) carrying out rigorous research, in- SEC. 218. INTEGRATED ENGLISH LITERACY AND tem’’ each place it appears and inserting cluding scientifically based research where CIVICS EDUCATION. ‘‘workforce and labor market information appropriate, on national literacy basic skill Chapter 4 of subtitle A of title II (29 U.S.C. system’’; acquisition for adult learning, including esti- 9251 et seq.) is amended by adding at the end (3) in subsection (a)(1), by striking ‘‘of em- mating the number of adults functioning at the following: ployment statistics’’; the lowest levels of literacy proficiency; ‘‘SEC. 244. INTEGRATED ENGLISH LITERACY AND (4) in subsection (b)— ‘‘(D)(i) carrying out demonstration pro- CIVICS EDUCATION. (A) in paragraph (1)— grams; ‘‘(a) IN GENERAL.—From funds made avail- (i) by striking ‘‘The’’ and inserting the fol- ‘‘(ii) disseminating best practices informa- able under section 211(a)(4) for each fiscal lowing: tion, including information regarding prom- year, the Secretary shall award grants to ‘‘(A) STRUCTURE.—The’’; and ising practices resulting from federally fund- States, from allotments under subsection (b), (ii) by adding at the end the following: ed demonstration programs; and for integrated English literacy and civics ‘‘(B) GRANTS OR COOPERATIVE AGREE- ‘‘(iii) developing and replicating best prac- education. MENTS.— tices and innovative programs, including— ‘‘(b) ALLOTMENT.— ‘‘(i) IN GENERAL.—The Secretary shall ‘‘(I) the development of models for basic ‘‘(1) IN GENERAL.—Subject to paragraph (2), carry out the provisions of this section in a skill certificates; from amounts made available under section timely manner through grants or coopera- ‘‘(II) the identification of effective strate- 211(a)(4) for a fiscal year, the Secretary shall tive agreements with States. gies for working with adults with learning allocate— ‘‘(ii) DISTRIBUTION OF FUNDS.—With regard disabilities and with adults with limited ‘‘(A) 65 percent to the States on the basis to distributing funds appropriated under sub- English proficiency; of a State’s need for integrated English lit- section (g) (relating to workforce and labor ‘‘(III) integrated basic and workplace skills eracy and civics education as determined by market information funding) for fiscal years education programs; calculating each State’s share of a 10-year 2006 through 2011, the Secretary shall con- ‘‘(IV) coordinated literacy and employ- average of the Immigration and Naturaliza- tinue to distribute the funds to States in the ment services; and tion Service data for immigrants admitted manner in which the Secretary distributed ‘‘(V) postsecondary education transition for legal permanent residence for the 10 most funds to the States under this section for fis- programs; recent years; and cal years 1999 through 2003.’’; and ‘‘(E) providing for the conduct of an inde- ‘‘(B) 35 percent to the States on the basis (B) in paragraph (2)(E)— pendent evaluation and assessment of adult of whether the State experienced growth as (i) in clause (i), by adding ‘‘and’’ at the education and literacy activities through measured by the average of the 3 most recent end; studies and analyses conducted independ- years for which Immigration and Naturaliza- (ii) in clause (ii), by striking ‘‘; and’’ and ently through grants and contracts awarded tion Service data for immigrants admitted inserting a period; and on a competitive basis, which evaluation and for legal permanent residence are available. (iii) by striking clause (iii); assessment shall include descriptions of— ‘‘(2) MINIMUM.—No State shall receive an (5) by striking subsections (c) and (d) and ‘‘(i) the effect of performance measures and allotment under paragraph (1) in an amount inserting the following: other measures of accountability on the de- that is less than $60,000.’’. ‘‘(c) TWO-YEAR PLAN.—The Secretary, livery of adult education and literacy activi- SEC. 219. TRANSITION. working through the Commissioner of Labor ties, including family literacy services; The Secretary shall take such steps as the Statistics, and in cooperation with the ‘‘(ii) the extent to which the adult edu- Secretary determines to be appropriate to States and with the assistance of the Assist- cation and literacy activities, including fam- provide for the orderly transition to the au- ant Secretary for Employment and Training ily literacy services, increase the literacy thority of the Adult Education and Family and heads of other appropriate Federal agen- skills of adults (and of children, in the case Literacy Act (as amended by this title) from cies, shall prepare a 2-year plan which shall of family literacy services), lead the partici- any authority under provisions of the Adult be the mechanism for achieving cooperative

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00136 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.080 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5143 management of the nationwide workforce (2) in subsection (b)— sources, priorities, concerns, abilities, capa- and labor market information system de- (A) in paragraph (1)(F), by striking ‘‘and’’ bilities, interests, and informed choice.’’; scribed in subsection (a) and the statewide after the semicolon; (8) by inserting after paragraph (36), as re- workforce and labor market information sys- (B) in paragraph (2), by striking the period designated by paragraph (5), the following: tems that comprise the nationwide system. at the end and inserting ‘‘; and’’; and ‘‘(37) STUDENT WITH A DISABILITY.— The plan shall— (C) by adding at the end the following: ‘‘(A) IN GENERAL.—The term ‘student with ‘‘(1) describe the steps the to be taken in ‘‘(3) to provide opportunities for employers a disability’ means an individual with a dis- the following 2 years to carry out the duties and vocational rehabilitation service pro- ability who attends an elementary school or described in subsection (b)(2); viders to provide meaningful input at all lev- secondary school and who— ‘‘(2) evaluate the performance of the sys- els of government to ensure successful em- ‘‘(i) is not younger than 16 years of age; tem and recommend needed improvements, ployment of individuals with disabilities.’’. ‘‘(ii) is not older than 22 years of age; with particular attention to the improve- SEC. 404. DEFINITIONS. ‘‘(iii) has been determined to be eligible ments needed at the State and local levels; Section 7 of the Rehabilitation Act of 1973 under section 102(a) for assistance under title and (29 U.S.C. 705) is amended— I; and ‘‘(3) describe the involvement of States in (1) in paragraph (2)(B)— ‘‘(iv)(I) is eligible for, and receiving, spe- the development of the plan, through con- (A) in the matter preceding clause (i), by cial education or related services under part sultation between the Secretary and rep- inserting ‘‘and literacy services’’ after ‘‘sup- B of the Individuals with Disabilities Edu- resentatives from State agencies in accord- ported employment’’; and cation Act (20 U.S.C. 1411 et seq.); or ance with subsection (d). (B) in clause (iii), by inserting ‘‘and lit- ‘‘(II) is an individual with a disability, for ‘‘(d) COORDINATION WITH THE STATES.—The eracy skills’’ after ‘‘educational achieve- purposes of section 504. Secretary, working though the Commis- ments’’; ‘‘(B) STUDENTS WITH DISABILITIES.—The sioner of Labor Statistics and in coordina- (2) by striking paragraphs (3) and (4) and term ‘students with disabilities’ means more tion with the Assistant Secretary for Em- inserting the following: than 1 student with a disability.’’; (9) in paragraph (38)(A)(ii), as redesignated ployment and Training, shall consult at ‘‘(3) ASSISTIVE TECHNOLOGY DEFINITIONS.— by paragraph (5), by striking ‘‘paragraph least annually with representatives of each ‘‘(A) ASSISTIVE TECHNOLOGY.—The term ‘as- of the Federal regions of the Department of sistive technology’ has the meaning given (36)(C)’’ and inserting ‘‘paragraph (39)(C)’’; Labor, elected (pursuant to a process estab- such term in section 3 of the Assistive Tech- and lished by the Secretary) by and from the nology Act of 1998 (29 U.S.C. 3002). (10) by inserting after paragraph (40), as re- designated by paragraph (5), the following: State workforce and labor market informa- ‘‘(B) ASSISTIVE TECHNOLOGY DEVICE.—The tion directors affiliated with the State agen- term ‘assistive technology device’ has the ‘‘(41) TRANSITION SERVICES EXPANSION cies that perform the duties described in sub- meaning given such term in section 3 of the YEAR.—The term ‘transition services expan- section (e)(2).’’; Assistive Technology Act of 1998, except that sion year’ means— (6) in subsection (e)(2)— the reference in such section to the term ‘in- ‘‘(A) the first fiscal year for which the (A) in subparagraph (G), by adding ‘‘and’’ dividuals with disabilities’ shall be deemed amount appropriated under section 100(b) ex- at the end; to mean more than one individual with a dis- ceeds the amount appropriated under section (B) by striking subparagraph (H); and ability as defined in paragraph (20)(A). 100(b) for fiscal year 2006 by not less than $100,000,000; and (C) by redesignating subparagraph (I) as ‘‘(C) ASSISTIVE TECHNOLOGY SERVICE.—The subparagraph (H); and term ‘assistive technology service’ has the ‘‘(B) each fiscal year subsequent to that (7) in subsection (g), by striking ‘‘1999 meaning given such term in section 3 of the first fiscal year.’’. through 2004’’ and inserting ‘‘2006 through Assistive Technology Act of 1998, except that SEC. 405. ADMINISTRATION OF THE ACT. 2011’’. the reference in such section— Section 12(a)(1) of the Rehabilitation Act TITLE IV—REHABILITATION ACT ‘‘(i) to the term ‘individual with a dis- of 1973 (29 U.S.C. 709(a)(1)) is amended— AMENDMENTS ability’ shall be deemed to mean an indi- (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; vidual with a disability, as defined in para- (2) by adding at the end the following: SEC. 401. SHORT TITLE. ‘‘(B) provide technical assistance to the This title may be cited as the ‘‘Rehabilita- graph (20)(A); and ‘‘(ii) to the term ‘individuals with disabil- designated State units on developing suc- tion Act Amendments of 2005’’. cessful partnerships with local and multi- SEC. 402. TECHNICAL AMENDMENTS TO TABLE ities’ shall be deemed to mean more than one such individual.’’; State businesses in an effort to employ indi- OF CONTENTS. viduals with disabilities; and (a) EXPANDED TRANSITION SERVICES.—Sec- (3) by striking paragraph (7) and inserting the following: ‘‘(C) provide technical assistance on devel- tion 1(b) of the Rehabilitation Act of 1973 is oping self-employment opportunities and ‘‘(7) CONSUMER ORGANIZATION.—The term amended by inserting after the item relating outcomes for individuals with disabilities;’’. to section 110 the following: ‘consumer organization’ means a member- ship organization in which a majority of the SEC. 406. REPORTS. ‘‘Sec. 110A. Reservation for expanded transi- organization’s members and a majority of Section 13 of the Rehabilitation Act of 1973 tion services.’’. the organization’s officers are individuals (29 U.S.C. 710) is amended by adding at the end the following: (b) INCENTIVE GRANTS.—Section 1(b) of the with disabilities.’’; ‘‘(d)(1)(A) The Commissioner shall ensure (4) in paragraph (17)— Rehabilitation Act of 1973 is amended by in- that the reports, information, and data de- (A) in subparagraph (C), by striking ‘‘and’’ serting after the item relating to section 112 scribed in subparagraph (B) will be posted in after the semicolon; the following: a timely manner on the website of the De- (B) in subparagraph (D), by striking the pe- ‘‘Sec. 113. Incentive grants.’’. partment of Education, in order to inform riod at the end and inserting ‘‘; and’’; and the public about the administration and per- (c) INDEPENDENT LIVING SERVICES FOR (C) by adding at the end the following: formance of programs in each State under OLDER INDIVIDUALS WHO ARE BLIND.—Section ‘‘(E) maintaining individuals with signifi- this Act. 1(b) of the Rehabilitation Act of 1973 is cant disabilities in, or transitioning individ- ‘‘(B) The reports, information, and data re- amended by striking the items relating to uals with significant disabilities to, commu- ferred to in subparagraph (A) shall consist sections 752 and 753 and inserting the fol- nity-based living.’’; of— lowing: (5) by redesignating paragraphs (24) ‘‘(i) reports submitted by a designated ‘‘Sec. 752. Training and technical assistance. through (28), (29) through (34), (35) through State unit under this Act; (37), and (38) through (39), as paragraphs (25) ‘‘Sec. 753. Program of grants. ‘‘(ii) accountability information (including through (29), (31) through (36), (38) through State performance information relating to ‘‘Sec. 754. Authorization of appropriations.’’. (40), and (42) through (43), respectively; evaluation standards and performance indi- SEC. 403. PURPOSE. (6) by inserting after paragraph (23) the fol- cators under section 106 and State perform- Section 2 of the Rehabilitation Act of 1973 lowing: ance information relating to State perform- (29 U.S.C. 701) is amended— ‘‘(24) LITERACY.—The term ‘literacy’ has ance measures under section 136 of the Work- (1) in subsection (a)— the meaning given the term in section 203 of force Investment Act of 1998 (29 U.S.C. 2871)) (A) in paragraph (5), by striking ‘‘and’’ the Adult Education and Family Literacy submitted by a designated State unit under after the semicolon; Act (20 U.S.C. 9202).’’; this Act or submitted under such section 136; (B) in paragraph (6), by striking the period (7) by inserting after paragraph (29), as re- ‘‘(iii) data collected from each designated at the end and inserting ‘‘; and’’; and designated by paragraph (5), the following: State unit under this Act with the approval (C) by adding at the end the following: ‘‘(30) POST-EMPLOYMENT SERVICE.—The of the Office of Management and Budget; and ‘‘(7)(A) a high proportion of youth who are term ‘post-employment’ service means a ‘‘(iv) monitoring reports conducted under individuals with disabilities is leaving spe- service identified in section 103(a) that is— this Act. cial education without being employed or ‘‘(A) provided subsequent to the achieve- ‘‘(C) The Commissioner shall maintain, and being enrolled in continuing education; and ment of an employment outcome; and post on the website, a listing of the reports, ‘‘(B) there is a substantial need to support ‘‘(B) necessary for an individual to main- information, and data required to be sub- those youth as the youth transition from tain, regain, or advance in employment, con- mitted by designated State units under this school to postsecondary life.’’; and sistent with the individual’s strengths, re- Act.

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00137 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.080 S12PT1 S5144 CONGRESSIONAL RECORD — SENATE May 12, 2005 ‘‘(D) The Commissioner shall post on the carried out under section 4 of the Assistive Ticket to Work and Self-Sufficiency Pro- website, or establish links on the website to, Technology Act of 1998 (29 U.S.C. 3003); and’’; gram established under section 1148 of the evaluations, studies, and audits, including (4) in paragraph (10)— Social Security Act (42 U.S.C. 1320b–19).’’; evaluations, studies, and audits conducted (A) in subparagraph (B), by striking ‘‘an- (6) in paragraph (15)— by agencies of the Federal government, con- nual reporting on the eligible individuals re- (A) in subparagraph (A)— cerning programs carried out under this Act. ceiving the services, on those specific data (i) in clause (i)— ‘‘(E) The Commissioner shall maintain on elements described in section 136(d)(2) of the (I) in subclause (II), by striking ‘‘and’’ the website a list of the designated State Workforce Investment Act of 1998’’ and in- after the semicolon; units and shall establish links on the website serting ‘‘annual reporting of information on (II) in subclause (III), by inserting ‘‘and’’ to websites maintained by those units. eligible individuals receiving the services after the semicolon; and ‘‘(2) The Commissioner shall maintain pub- that is needed to assess performance on the (III) by adding at the end the following: lic use read-only access to the State and ag- core indicators of performance described in ‘‘(IV) for purposes of addressing needs in a gregated reports and analyzed data filed and section 136(b)(2)(A)(i) of the Workforce In- transition services expansion year, students maintained on the Rehabilitation Services vestment Act of 1998 (29 U.S.C. with disabilities, including their need for Administration management information 2871(b)(2)(A)(i))’’; transition services;’’; system or a similar system maintained by (B) in subparagraph (C), by striking clauses (ii) by redesignating clauses (ii) and (iii) as the Department of Education.’’. (iii) and (iv) and inserting the following: clauses (iii) and (iv), respectively; and SEC. 407. CARRYOVER. ‘‘(iii) the number of applicants and eligible (iii) by inserting after clause (i) the fol- Section 19 of the Rehabilitation Act of 1973 recipients, including the number of individ- lowing: (29 U.S.C. 716) is amended— uals with significant disabilities, who exited ‘‘(ii) include an assessment of the needs of (1) in subsection (a)(1)— the program carried out under this title and individuals with disabilities for transition (A) by striking ‘‘, section 509 (except as the number of such individuals who achieved services provided under this Act, and coordi- provided in section 509(b))’’; employment outcomes after receiving voca- nated with transition services provided (B) by striking ‘‘or C’’; and tional rehabilitation services; and under the Individuals with Disabilities Edu- (C) by striking ‘‘752(b)’’ and inserting ‘‘(iv) the number of individuals who re- cation Act (20 U.S.C. 1400 et seq.), and an as- ‘‘753(b)’’; and ceived vocational rehabilitation services who sessment as to whether the transition serv- (2) by adding at the end the following: entered and retained employment and the ices provided under those Acts meet the ‘‘(c) CLIENT ASSISTANCE PROGRAM; PROTEC- earnings of such individuals, as such entry, needs of individuals with disabilities;’’; and TION AND ADVOCACY OF INDIVIDUAL RIGHTS.— retention, and earnings are defined for pur- (B) in subparagraph (D)— ‘‘(1) APPROPRIATED AMOUNTS.—Notwith- poses of the core indicators of performance (i) by redesignating clauses (iii), (iv), and standing any other provision of law, any described in section 136(b)(2)(A)(i) of the (v) as clauses (iv), (v), and (vi), respectively; funds appropriated for a fiscal year to carry Workforce Investment Act of 1998 (29 U.S.C. and out a grant program under section 112 or 509 2871(b)(2)(A)(i)).’’; and (ii) by inserting after clause (ii) the fol- (except as provided in section 509(b)), includ- (C) in subparagraph (E)(ii), by striking ‘‘in lowing: ing any funds reallotted under such grant meeting’’ and all that follows through the ‘‘(iii) for use in a transition services expan- program, that are not obligated and ex- period and inserting ‘‘in meeting the stand- sion year, the methods to be used to improve pended by recipients prior to the beginning ards and indicators established pursuant to and expand vocational rehabilitation serv- of the succeeding fiscal year shall remain section 106.’’; ices for students with disabilities, including available for obligation and expenditure by (5) in paragraph (11)— the coordination of services designed to fa- such recipients during such succeeding fiscal (A) by striking subparagraph (C) and in- cilitate the transition of such students from year. serting the following: the receipt of educational services in school ‘‘(C) INTERAGENCY COOPERATION WITH OTHER to postsecondary life, including the receipt ‘‘(2) PROGRAM INCOME.—Notwithstanding any other provision of law, any amounts of AGENCIES.—The State plan shall include de- of vocational rehabilitation services under program income received by recipients under scriptions of interagency cooperation with, this title, postsecondary education, or em- a grant program under section 112 or 509 in a and utilization of the services and facilities ployment;’’; of, Federal, State, and local agencies and fiscal year that are not obligated and ex- (7) in paragraph (20)— programs, including the State programs car- (A) by redesignating subparagraph (B) as pended by recipients prior to the beginning ried out under section 4 of the Assistive subparagraph (C); of the succeeding fiscal year, shall remain Technology Act of 1998 (29 U.S.C. 3003), pro- (B) by inserting after subparagraph (A) the available until expended.’’. grams carried out by the Under Secretary for following: Subtitle A—Vocational Rehabilitation Rural Development of the Department of Ag- ‘‘(B) INFORMATION ON ASSISTANCE FOR BENE- Services riculture, and State use contracting pro- FICIARIES OF ASSISTANCE UNDER TITLE II OR SEC. 411. DECLARATION OF POLICY; AUTHORIZA- grams, to the extent that such agencies and XVI OF THE SOCIAL SECURITY ACT.—The State TION OF APPROPRIATIONS. programs are not carrying out activities plan shall include an assurance that the des- Section 100(b)(1) of the Rehabilitation Act through the statewide workforce investment ignated State agency will make available to of 1973 (29 U.S.C. 720(b)(1)) is amended by system.’’; individuals entitled to benefits under title II striking ‘‘fiscal years 1999 through 2003’’ and (B) by striking subparagraph (D)(ii) and in- or XVI of the Social Security Act (42 U.S.C. inserting ‘‘fiscal years 2006 through 2011’’. serting the following: 401 et seq., 1381 et seq.) on the basis of a dis- SEC. 412. STATE PLANS. ‘‘(ii) transition planning by personnel of ability or blindness— (a) IN GENERAL.—Section 101(a) of the Re- the designated State agency and the State ‘‘(i) information on the availability of ben- habilitation Act of 1973 (29 U.S.C. 721(a)) is educational agency that will facilitate the efits and medical assistance authorized amended— development and completion of the individ- under the State medicaid program under (1) in paragraph (2), by adding at the end ualized education programs under section title XIX of the Social Security Act (42 the following: 614(d) of the Individuals with Disabilities U.S.C. 1396 et seq.) or under the medicare ‘‘(D) STATE AGENCY FOR REIMBURSEMENT Education Act (20 U.S.C. 1414(d)) and, as ap- program under title XVIII of the Social Se- PURPOSES.—A governing body of an Indian propriate, the development and completion curity Act (42 U.S.C. 1395 et seq.), and med- tribe that receives a grant under section 121 of the individualized plan for employment, in ical assistance authorized under other feder- shall be considered, for purposes of the cost order to achieve post-school employment ally funded programs; reimbursement provisions— outcomes of students with disabilities;’’; and ‘‘(ii) information on the availability of as- ‘‘(i) in section 222(d)(1) of the Social Secu- (C) by adding at the end the following: sistance through benefits planning and as- rity Act (42 U.S.C. 422(d)(1)), to be a State; ‘‘(G) COORDINATION WITH ASSISTIVE TECH- sistance programs authorized under section and NOLOGY PROGRAMS.—The State plan shall in- 1149 of the Social Security Act (42 U.S.C. ‘‘(ii) in subsections (d) and (e) of section clude an assurance that the designated State 1320b–20) and services provided by the State 1615 of the Social Security Act (42 U.S.C. unit, and the lead agency and implementing protection and advocacy system and author- 1382d), to be a State agency described in sub- agency (if any) designated by the Governor ized under section 1150 of the Social Security section (d) of that section.’’; of the State under section 4 of the Assistive Act (42 U.S.C. 1320b–21); and (2) in paragraph (6)(B), by striking ‘‘to em- Technology Act of 1998 (29 U.S.C. 3003), have ‘‘(iii) in the case of individuals who are ploy and advance in employment’’ and in- developed working relationships and will also eligible for a ticket under the Ticket to serting ‘‘to recruit, employ, and advance in enter into agreements for the coordination Work and Self-Sufficiency Program estab- employment’’; of their activities, including the referral of lished under section 1148 of the Social Secu- (3) in paragraph (7)(A)(v), by striking sub- individuals with disabilities to programs and rity Act (42 U.S.C. 1320b–19), general informa- clause (I) and inserting the following: activities described in that section. tion regarding the options for using the tick- ‘‘(I) a system for the continuing education ‘‘(H) COORDINATION WITH TICKET TO WORK et and information on how to contact a pro- of rehabilitation professionals and para- AND SELF-SUFFICIENCY PROGRAM.—The State gram manager of the Ticket to Work and professionals within the designated State plan shall include an assurance that the des- Self-Sufficiency Program to obtain informa- unit, particularly with respect to rehabilita- ignated State unit will coordinate activities tion on approved employment networks, on tion technology, including training imple- with any other State agency that is func- providers for the benefits planning and as- mented in coordination with State programs tioning as an employment network under the sistance programs described in subparagraph

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00138 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.081 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5145 (B) in the State, and on the services provided and ‘special education’ have the meanings (i) in subparagraph (B)(i)(I), by striking by the State protection and advocacy system given the terms in section 602 of the Individ- ‘‘and personal assistance services’’ and all and described in subparagraph (B).’’; and uals with Disabilities Education Act (20 that follows and inserting ‘‘mentoring serv- (C) in subparagraph (C)(ii), as redesignated U.S.C. 1401). ices, and personal assistance services, in- by subparagraph (A)— ‘‘(2) OBLIGATION TO PROVIDE OR PAY FOR cluding training in the management of such (i) in subclause (II), by inserting ‘‘, to the TRANSITION SERVICES.—Nothing in this part services, and referrals described in section maximum extent possible,’’ after ‘‘point of shall be construed to reduce the obligation of 103(a)(3) to the device reutilization programs contact’’; and a local educational agency or any other and device demonstrations described in sub- (ii) in subclause (III), by striking ‘‘or re- agency to provide or pay for any transition paragraphs (B) and (D) of section 4(e)(2) of gain’’ and inserting ‘‘regain, or advance in’’; services that are also considered special edu- the Assistive Technology Act of 1998 (42 and cation or related services and that are nec- U.S.C. 3003(e)(2)) through agreements devel- (8) by adding at the end the following: essary for ensuring a free appropriate public oped under section 101(a)(11)(G); and’’; ‘‘(25) SERVICES FOR STUDENTS WITH DISABIL- education to children with disabilities with- (ii) in subparagraph (F)(ii), by striking ITIES.—The State plan for a transition serv- in the State involved.’’. ‘‘and’’ after the semicolon; ices expansion year shall provide an assur- SEC. 413. ELIGIBILITY AND INDIVIDUALIZED (iii) in subparagraph (G), by striking the ance satisfactory to the Secretary that the PLAN FOR EMPLOYMENT. period at the end and inserting ‘‘; and’’; and State— Section 102 of the Rehabilitation Act of (iv) by adding at the end the following: ‘‘(A) has developed and shall implement, in 1973 (29 U.S.C. 722) is amended— ‘‘(H) for an individual who is receiving as- each transition services expansion year, (1) in subsection (b)— sistance from an employment network under strategies to address the needs identified in (A) in paragraph (1)— the Ticket to Work and Self-Sufficiency Pro- the assessment described in paragraph (15), (i) in subparagraph (A), by striking the gram established under section 1148 of the and achieve the goals and priorities identi- semicolon at the end and inserting ‘‘, includ- Social Security Act (42 U.S.C. 1320b–19), a fied by the State, to improve and expand vo- ing a listing of all the community resources list of the services that are listed in the indi- cational rehabilitation services for students (including resources from consumer organi- vidual work plan that the individual devel- with disabilities on a statewide basis in ac- zations), to the maximum extent possible, to oped with the employment network under cordance with paragraph (15); and subsection (g) of that section.’’; and ‘‘(B) in each transition services expansion assist in the development of such individ- ual’s individualized plan for employment to (2) in subsection (c)(7), by inserting ‘‘that year— take into consideration the informed choice ‘‘(i) shall not use more than 5 percent of enable the individual to make informed and effective choices in developing the individ- of the individual,’’ after ‘‘plan develop- the funds reserved under section 110A and ment’’. available for this subparagraph, to pay for ualized plan for employment;’’; and (ii) in subparagraph (D)— SEC. 414. VOCATIONAL REHABILITATION SERV- administrative costs; and ICES. ‘‘(ii) shall use the remaining funds to carry (I) in clause (i), by striking ‘‘and’’ after the Section 103 of the Rehabilitation Act of out programs or activities designed to im- semicolon; 1973 (29 U.S.C. 723) is amended— prove and expand vocational rehabilitation (II) in clause (ii), by striking the period at (1) in subsection (a)— services for students with disabilities, the end and inserting a semicolon; and (A) in paragraph (5), by inserting ‘‘literacy through partnerships described in subpara- (III) by adding at the end the following: services,’’ after ‘‘vocational adjustment serv- graph (C), that— ‘‘(iii) for individuals entitled to benefits ices,’’; ‘‘(I) facilitate the transition of the stu- under title II or XVI of the Social Security (B) by striking paragraph (15) and inserting dents with disabilities from the receipt of Act (42 U.S.C. 401 et seq., 1381 et seq.) on the the following: educational services in school, to the receipt basis of a disability or blindness— ‘‘(15) transition services for students with of vocational rehabilitation services under ‘‘(I) information on the availability of ben- disabilities, that facilitate the transition this title, including, at a minimum, those efits and medical assistance authorized from school to postsecondary life (including services specified in the interagency agree- under the State medicaid program under employment through the achievement of the ment required in paragraph (11)(D); title XIX of the Social Security Act (42 employment outcome identified in the indi- ‘‘(II) improve the achievement of post- U.S.C. 1396 et seq.) or under the medicare vidualized plan for employment), including, school goals of students with disabilities program under title XVIII of the Social Se- in a transition services expansion year, serv- through the provision of transition services, curity Act (42 U.S.C. 1395 et seq.), and med- ices described in clauses (i) through (iii) of including improving the achievement ical assistance authorized under other feder- section 101(a)(25)(B);’’; through participation (as appropriate when ally funded programs; (C) in paragraph (17), by striking ‘‘and’’ vocational goals are discussed) in meetings ‘‘(II) information on the availability of as- after the semicolon; regarding individualized education programs sistance through benefits planning and as- (D) in paragraph (18), by striking the pe- developed under section 614 of the Individ- sistance programs authorized under section riod at the end and inserting ‘‘; and’’; and uals with Disabilities Education Act (20 1149 of the Social Security Act (42 U.S.C. (E) by adding at the end the following: U.S.C. 1414); 1320b–20) and services provided by the State ‘‘(19) mentoring services.’’; and ‘‘(III) provide vocational guidance, career protection and advocacy system and author- (2) in subsection (b), by striking paragraph exploration services, and job search skills ized under section 1150 of the Social Security (6) and inserting the following: and strategies and technical assistance to Act (42 U.S.C. 1320b–21); and ‘‘(6)(A)(i) Consultation and technical as- students with disabilities; ‘‘(III) in the case of individuals who are sistance services to assist State and local ‘‘(IV) support the provision of training and also eligible for a ticket under the Ticket to educational agencies in planning for the technical assistance to local educational Work and Self-Sufficiency Program estab- transition of students with disabilities from agency personnel responsible for the plan- lished under section 1148 of the Social Secu- school to postsecondary life, including em- ning and provision of services to students rity Act (42 U.S.C. 1320b–19), general informa- ployment. with disabilities; and tion regarding the options for using the tick- ‘‘(ii) In a transition services expansion ‘‘(V) support outreach activities to stu- et and information on how to contact a pro- year, training and technical assistance de- dents with disabilities who are eligible for, gram manager of the Ticket to Work and scribed in section 101(a)(25)(B)(iv). and need, services under this title; and Self-Sufficiency Program to obtain informa- ‘‘(B) In a transition services expansion ‘‘(C) in each transition services expansion tion on approved employment networks, on year, services for groups of individuals with year, shall ensure that the funds described in providers for the benefits planning and as- disabilities who meet the requirements of subparagraph (B)(ii) are awarded only to sistance programs described in subparagraph clauses (i) and (iii) of section 7(35)(A), includ- partnerships that— (B) in the State, and on the services provided ing services described in clauses (i), (ii), (iii), ‘‘(i) shall include local vocational rehabili- by the State protection and advocacy system and (v) of section 101(a)(25)(B), to assist in tation services providers and local edu- and described in subparagraph (B).’’; the transition from school to postsecondary cational agencies; and (B) in paragraph (2)(E)— life, including employment.’’. ‘‘(ii) may include (or may have linkages (i) in clause (i)(II), by striking ‘‘and’’ after with) other agencies such as employment, the semicolon; SEC. 415. STATE REHABILITATION COUNCIL. social service, and health organizations, that (ii) in clause (ii), by striking the period at Section 105 of the Rehabilitation Act of contribute funds for the provision of voca- the end and inserting ‘‘; and’’; and 1973 (29 U.S.C. 725) is amended— tional rehabilitation services described in (iii) by adding at the end the following: (1) in subsection (b)— subparagraph (B)(ii) for eligible students ‘‘(iii) amended, as necessary, to include the (A) in paragraph (1)(A)— with disabilities.’’. post-employment services and service pro- (i) by striking clause (ix) and inserting the (b) CONSTRUCTION.—Section 101 of the Re- viders that are necessary for the individual following: habilitation Act of 1973 (29 U.S.C. 721) is to maintain, regain, or advance in employ- ‘‘(ix) in a State in which one or more amended by adding at the end the following: ment, consistent with the individual’s projects provide services under section 121, ‘‘(c) CONSTRUCTION.— strengths, resources, priorities, concerns, at least one representative of the directors of ‘‘(1) DEFINITIONS.—In this subsection, the abilities, capabilities, interests, and in- the projects;’’; terms ‘child with a disability’, ‘free appro- formed choice.’’; and (ii) in clause (x), by striking the ‘‘and’’ priate public education’, ‘related services’, (C) in paragraph (3)— after the semicolon;

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00139 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.081 S12PT1 S5146 CONGRESSIONAL RECORD — SENATE May 12, 2005 (iii) in clause (xi), by striking the period at sistent with subparagraphs (B) and (C), for ‘‘(i) not less than the sum reserved under the end and inserting ‘‘; and’’; and carrying out the purposes of this title to the this subsection for the preceding fiscal year, (iv) by adding at the end the following: extent the Commissioner determines such subject to clause (ii); and ‘‘(xii) the director of the State’s com- other State will be able to use such addi- ‘‘(ii) not more than 1.5 percent of the ap- prehensive statewide program of technology- tional amount during that fiscal year or the propriated amount for the covered year.’’. related assistance funded under section 4 of subsequent fiscal year for carrying out such SEC. 419. RESERVATION FOR EXPANDED TRANSI- the Assistive Technology Act of 1998 (29 purposes. TION SERVICES. U.S.C. 3003).’’; and ‘‘(B)(i) The Commissioner shall reallot a The Rehabilitation Act of 1973 is amended (B) by striking paragraph (5) and inserting portion of the amount available under para- by inserting after section 110 (29 U.S.C. 730) the following: graph (1) for a fiscal year to each State the following: ‘‘(5) CHAIRPERSON.—The Council shall se- whose allotment under subsection (a) for ‘‘SEC. 110A. RESERVATION FOR EXPANDED TRAN- lect a chairperson from among the voting such fiscal year is less than such State’s al- SITION SERVICES. membership of the Council.’’; and lotment under subsection (a) for the imme- ‘‘(a) RESERVATION.—From the State allot- (2) in subsection (c)(6), by inserting before diately preceding fiscal year adjusted by the ment under section 110 in a transition serv- the semicolon the following: ‘‘and with the percentage change in the funds available for ices expansion year, each State shall reserve activities of entities carrying out programs subsection (a) from the immediately pre- an amount calculated by the Commissioner under the Assistive Technology Act of 1998 ceding fiscal year. under subsection (b) to carry out programs (29 U.S.C. 3001 et seq.)’’. ‘‘(ii)(I) A State that is eligible to receive a and activities under sections 101(a)(25)(B) SEC. 416. EVALUATION STANDARDS AND PER- reallotment under clause (i) shall receive a and 103(b)(6). FORMANCE INDICATORS. portion for a fiscal year from the amount ‘‘(b) CALCULATION.—The Commissioner Section 106 of the Rehabilitation Act of available for reallotment under paragraph (1) shall calculate the amount to be reserved for 1973 (29 U.S.C. 726) is amended— that is equal to the difference between— such programs and activities for a fiscal year (1) in subsection (a), by striking paragraph ‘‘(aa) the amount such State was allotted by each State by multiplying $50,000,000 by (1)(C) and all that follows through paragraph under subsection (a) for such fiscal year; and the percentage determined by dividing— (2) and inserting the following: ‘‘(bb) the amount such State was allotted ‘‘(1) the amount allotted to that State ‘‘(2) MEASURES.—The standards and indica- under subsection (a) for the immediately under section 110 for the prior fiscal year; by tors shall include outcome and related meas- preceding fiscal year adjusted by the per- ‘‘(2) the total amount allotted to all States ures of program performance that include centage change in the funds available for under section 110 for that prior fiscal year.’’. subsection (a) from the immediately pre- measures of the program’s performance with SEC. 420. CLIENT ASSISTANCE PROGRAM. ceding fiscal year. respect to the transition from school to post- Section 112 of the Rehabilitation Act of ‘‘(II) If the amount available for reallot- secondary life, including employment, and 1973 (29 U.S.C. 732) is amended— ment under paragraph (1) is insufficient to achievement of the postsecondary vocational (1) in subsection (a)— provide each State eligible to receive a real- goals, of students with disabilities served (A) in the first sentence, by striking lotment with the portion described in sub- under the program.’’; and ‘‘States’’ and inserting ‘‘agencies designated clause (I), the amount reallotted to each eli- (2) in subsection (b)(2)(B)(i), by striking ‘‘, under subsection (c)’’; and gible State shall be determined by the Com- if necessary’’ and all that follows through (B) in the second sentence, by striking missioner. the semicolon and inserting ‘‘, if the State ‘‘State’’ and inserting ‘‘State in which the has not improved its performance to accept- ‘‘(C) If there are funds remaining after each State eligible to receive a reallotment program is located’’; able levels, as determined by the Commis- (2) in subsection (b), by striking ‘‘the State sioner, direct the State to make further revi- under subparagraph (B)(i) receives the por- tion described in subparagraph (B)(ii), the has in effect not later than October 1, 1984, a sions to the plan to improve performance, client assistance program which’’ and insert- which may include revising the plan to allo- Commissioner shall reallot the remaining funds among the States requesting a reallot- ing ‘‘the State designated under subsection cate a higher proportion of the State’s re- (c) an agency that’’; sources for services to individuals with dis- ment. ‘‘(3) The Commissioner shall reallot an (3) in subsection (e)— abilities if the State agency’s spending on amount to a State under this subsection (A) in paragraph (1)— such services is low in comparison to spend- only if the State will be able to make suffi- (i) in subparagraph (A), by striking ‘‘The ing on such services by comparable agencies cient payments from non-Federal sources to Secretary’’ and all that follows through the in other States;’’. pay for the non-Federal share of the cost of period and inserting the following: ‘‘After re- SEC. 417. MONITORING AND REVIEW. vocational rehabilitation services under the serving funds under subparagraphs (E) and Section 107(b)(1) of the Rehabilitation Act State plan for the fiscal year for which the (F), the Secretary shall allot the remainder of 1973 (29 U.S.C. 727(b)(1)) is amended by in- amount was appropriated. of the sums appropriated for each fiscal year serting before the semicolon the following: ‘‘, ‘‘(4) For the purposes of this part, any under this section among the agencies des- including— amount made available to a State for any ignated under subsection (c) within the ‘‘(A) consulting with the Department of fiscal year pursuant to this subsection shall States (referred to individually in this sub- Labor, the Small Business Administration, be regarded as an increase of such State’s al- section as a ‘designated agency’) on the basis other appropriate Federal agencies, and busi- lotment (as determined under the preceding of relative population of each State, except nesses or business-led intermediaries; and provisions of this section) for such year.’’; that no such agency shall receive less than ‘‘(B) based on information obtained and $50,000.’’; through the consultations, providing tech- (2) by striking subsection (c)(2) and insert- (ii) in subparagraph (B), by inserting ‘‘the nical assistance that improves that quality ing the following: designated agencies located in’’ after ‘‘each by enabling designated State units to de- ‘‘(2)(A) In this paragraph: to’’; velop successful partnerships with local and ‘‘(i) The term ‘appropriated amount’ means (iii) in subparagraph (D)(i)— multi-State businesses in an effort to employ the amount appropriated under section (I) by inserting ‘‘the designated agencies individuals with disabilities, and technical 100(b)(1) for allotment under this section. located in’’ after ‘‘$100,000 for’’; and assistance on developing self-employment ‘‘(ii) The term ‘covered year’ means a fis- (II) by inserting ‘‘the designated agencies opportunities and improving outcomes for cal year— located in’’ after ‘‘$45,000 for’’; and individuals with disabilities’’. ‘‘(I) that begins after September 30, 2004; (iv) by adding at the end the following: SEC. 418. STATE ALLOTMENTS. and ‘‘(E)(i) For any fiscal year for which the Section 110 of the Rehabilitation Act of ‘‘(II) for which the appropriated amount amount appropriated to carry out this sec- 1973 (29 U.S.C. 730) is amended— exceeds the total of— tion equals or exceeds $13,000,000, the Sec- (1) by striking subsection (b) and inserting ‘‘(aa) the appropriated amount for the pre- retary shall reserve funds appropriated under the following: ceding fiscal year; and this section to make a grant to the protec- ‘‘(b)(1) Not later than 45 days prior to the ‘‘(bb) 0.075 percent of the appropriated tion and advocacy system serving the Amer- end of the fiscal year, the Commissioner amount for the preceding fiscal year. ican Indian Consortium to provide client as- shall determine, after reasonable oppor- ‘‘(B) For each covered year, the sum re- sistance services in accordance with this sec- tunity for the submission to the Commis- ferred to in paragraph (1) shall be, as deter- tion. The amount of such a grant shall be the sioner of comments by the State agency ad- mined by the Secretary— same amount as is provided to a territory ministering or supervising the program es- ‘‘(i) not less than the total of the sum re- under subparagraph (B), as increased under tablished under this title, that any amount served under this subsection for the pre- clauses (i) and (ii) of subparagraph (D). from the payment of an allotment to a State ceding fiscal year and 0.1 percent of the ap- ‘‘(ii) In this subparagraph: under section 111(a) for any fiscal year will propriated amount for the covered year, sub- ‘‘(I) The term ‘American Indian Consor- not be utilized by such State in carrying out ject to clause (ii); and tium’ has the meaning given the term in sec- the purposes of this title. ‘‘(ii) not more than 1.5 percent of the ap- tion 102 of the Developmental Disabilities ‘‘(2)(A) As soon as practicable but not later propriated amount for the covered year. Assistance and Bill of Rights Act of 2000 (42 than the end of the fiscal year, the Commis- ‘‘(C) For each fiscal year that is not a cov- U.S.C. 15002). sioner shall reallot the amount available ered year, the sum referred to in paragraph ‘‘(II) The term ‘protection and advocacy under paragraph (1) to other States, con- (1) shall be, as determined by the Secretary— system’ means a protection and advocacy

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00140 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.081 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5147 system established under subtitle C of title I (2) in subsection (b)— General of the United States shall consult of the Developmental Disabilities Assistance (A) in paragraph (1)— with appropriate entities. and Bill of Rights Act of 2000 (42 U.S.C. 15041 (i) in subparagraph (B), by striking ‘‘and’’ (3) REPORT TO CONGRESS.—Not later than 12 et seq.). after the semicolon; months after the date of enactment of this ‘‘(F) For any fiscal year for which the (ii) in subparagraph (C), by striking the pe- Act, the Comptroller General of the United amount appropriated to carry out this sec- riod at the end and inserting ‘‘; and’’; and States shall submit the study conducted pur- tion equals or exceeds $14,000,000, the Sec- (iii) by adding at the end the following: suant to this subsection to the appropriate retary shall reserve not less than 1.8 percent ‘‘(D) contains assurances that— committees of Congress. and not more than 2.2 percent of such ‘‘(i) all decisions affecting eligibility for Subtitle B—Research and Training amount to provide a grant for training and vocational rehabilitation services, the na- SEC. 431. DECLARATION OF PURPOSE. ture and scope of available services, and the technical assistance for the programs estab- Section 200(3) of the Rehabilitation Act of provision of such services, will be made by a lished under this section. Such training and 1973 (29 U.S.C. 760(3)) is amended by inserting representative of the tribal vocational reha- technical assistance shall be coordinated ‘‘, in a timely and efficient manner,’’ before bilitation program; and with activities provided under section ‘‘through’’. 509(c)(1)(A).’’; and ‘‘(ii) such decisions will not be delegated to (B) in paragraph (2)— another agency or individual.’’; SEC. 432. AUTHORIZATION OF APPROPRIATIONS. Section 201(a) of the Rehabilitation Act of (i) by striking ‘‘State’’ each place such (B) in paragraph (3), by striking the first 1973 (29 U.S.C. 761(a)) is amended— term appears and inserting ‘‘designated sentence and inserting the following: ‘‘An (1) in paragraph (1), by striking ‘‘fiscal agency’’; and application approved under this part that years 1999 through 2003’’ and inserting ‘‘fiscal (ii) by striking ‘‘States’’ each place such complies with the program requirements set years 2006 through 2011’’; and term appears and inserting ‘‘designated forth in the regulations promulgated to (2) in paragraph (2), by striking ‘‘fiscal agencies’’; carry out this part shall be effective for 5 years 1999 through 2003’’ and inserting ‘‘fiscal (4) in subsection (f), by striking ‘‘State’’ years and shall be renewed for additional 5- years 2006 through 2011’’. and inserting ‘‘agency designated under sub- year periods if the Commissioner determines section (c)’’; that the grant recipient demonstrated ac- SEC. 433. NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION RESEARCH. (5) in subsection (g)(1), by striking ‘‘State’’ ceptable past performance and the grant re- Section 202 of the Rehabilitation Act of and inserting ‘‘State in which the program is cipient submits a plan, including a proposed 1973 (29 U.S.C. 762) is amended— located’’; and budget, to the Commissioner that the Com- (1) in subsection (b)— (6) in subsection (h), by striking ‘‘fiscal missioner approves that identifies future (A) in paragraph (6), by inserting before years 1999 through 2003’’ and inserting ‘‘fiscal performance criteria, goals, and objectives.’’; the semicolon the following: ‘‘, including years 2006 through 2011’’. and (C) by striking paragraph (4) and inserting convening a national assistive technology SEC. 421. INCENTIVE GRANTS. the following: summit, to be held at or in conjunction with Part B of title I of the Rehabilitation Act ‘‘(4) In allocating funds under this part, the a national conference relating to assistive of 1973 (29 U.S.C. 730 et seq.) is amended by Secretary shall give priority to paying the technology with respect to all categories of adding at the end the following: continuation costs of projects in existence disabilities’’; and ‘‘SEC. 113. INCENTIVE GRANTS. on the date of the allocation and may pro- (B) in paragraph (10), by striking ‘‘and tele- ‘‘(a) AUTHORITY.—The Commissioner is au- vide for increases in funding for such commuting’’ and inserting ‘‘, supported em- thorized to make incentive grants to States projects that the Secretary determines to be ployment, and telecommuting’’; that, based on the criteria established under necessary.’’. (2) in subsection (f)(1)— subsection (b)(1), demonstrate— SEC. 423. GAO STUDIES. (A) by striking ‘‘Federal employees’’ and ‘‘(1) a high level of performance; or (a) STUDY ON TITLE I AND TICKET TO inserting ‘‘Department of Education employ- ‘‘(2) a significantly improved level of per- WORK.— ees’’; and formance in a reporting period as compared (1) IN GENERAL.—The Comptroller General (B) by adding at the end the following: to the previous reporting period or periods. of the United States shall conduct a study on ‘‘The peer review panel shall include a direc- ‘‘(b) CRITERIA.— the interaction of programs carried out tor of a designated State unit. It shall in- ‘‘(1) ESTABLISHMENT.—Not later than 180 under title I of the Rehabilitation Act of 1973 clude a member of the covered school com- days after the date of enactment of this sec- (29 U.S.C. 720 et seq.) with the Ticket to munity (for an activity resulting in edu- tion, the Commissioner shall establish, and Work and Self-Sufficiency Program estab- cational materials or a product to be used in publish in the Federal Register, criteria for lished under section 1148 of the Social Secu- a covered school), a member of the business making grant awards under subsection (a). rity Act (42 U.S.C. 1320b–19), including the community (for an activity resulting in a ‘‘(2) DEVELOPMENT AND EVALUATION STAND- impact of the interaction on beneficiaries, product to be used in an employment activ- ARDS.—The criteria established under para- community rehabilitation programs (as de- ity), assistive technology developers and graph (1) shall— fined in section 7 of the Rehabilitation Act manufacturers (for an activity relating to ‘‘(A) be developed with input from des- of 1973 (29 U.S.C. 705)), and State vocational assistive technology), or information tech- ignated State agencies and other vocational rehabilitation agencies. nology vendors and manufacturers (for an rehabilitation stakeholders, including voca- (2) CONDUCT OF STUDY.—In conducting the activity relating to information tech- tional rehabilitation consumers and con- study under paragraph (1), the Comptroller nology).’’; sumer organizations; and General of the United States shall consult (3) by redesignating subsections (i), (j), and ‘‘(B) be based upon the evaluation stand- with all types of participants in the Ticket (k) as subsections (j), (k), and (l), respec- ards and performance indicators established to Work and Self-Sufficiency Program, in- tively; under section 106 and other performance-re- cluding the Social Security Administration, (4) by inserting after subsection (h) the fol- lated measures that the Commissioner deter- the Rehabilitation Services Administration, lowing: mines to be appropriate. ticketholders, designated State agencies, en- ‘‘(i)(1) The Director, with the assistance of ‘‘(c) USE OF FUNDS.—A State that receives tities carrying out such community rehabili- the Rehabilitation Research Advisory Coun- a grant under subsection (a) shall use the tation programs (including employment net- cil established under section 205, shall deter- grant funds for any approved activities in works and nonemployment networks), pro- mine if entities that receive financial assist- the State’s State plan submitted under sec- tection and advocacy agencies, MAXIMUS, ance under this title are complying with the tion 101. and organizations representing the interests applicable requirements of this Act and ‘‘(d) NO NON-FEDERAL SHARE REQUIRE- of ticketholders. achieving measurable goals, described in sec- MENT.—The provisions of sections 101(a)(3) (3) REPORT TO CONGRESS.—Not later than 18 tion 204(d)(2), that are consistent with the and 111(a)(2) shall not apply to this section. months after the date of enactment of this requirements of the programs under which ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— Act, the Comptroller General of the United the entities received the financial assist- There are authorized to be appropriated to States shall submit the study conducted pur- ance. carry out this section such sums as may be suant to this subsection to the appropriate ‘‘(2) To assist the Director in carrying out necessary for each of fiscal years 2006 committees of Congress. the responsibilities described in paragraph through 2011.’’. (b) STUDY ON THE ALLOTMENT FORMULA.— (1), the Director shall require recipients of fi- SEC. 422. VOCATIONAL REHABILITATION SERV- (1) IN GENERAL.—The Comptroller General nancial assistance under this title to submit ICES GRANTS. of the United States shall conduct a study on relevant information to evaluate program Section 121 of the Rehabilitation Act of the relationship between the State allotment outcomes with respect to the measurable 1973 (29 U.S.C. 741) is amended— formula under section 110 of the Rehabilita- goals described in section 204(d)(2).’’; and (1) in subsection (a), in the first sentence, tion Act of 1973 (29 U.S.C. 730) and the ability (5) by adding at the end the following: by inserting ‘‘, consistent with such individ- of States to provide vocational rehabilita- ‘‘(m)(1) Not later than December 31 of each uals’ strengths, resources, priorities, con- tion services in accordance with the States’ year, the Secretary shall prepare, and sub- cerns, abilities, capabilities, interests, and State plans under section 101 of such Act (29 mit to the Secretary, the Committee on Edu- informed choice, so that such individuals U.S.C. 721). cation and the Workforce of the House of may prepare for, and engage in, gainful em- (2) CONDUCT OF STUDY.—In conducting the Representatives, and the Committee on ployment’’ before the period at the end; and study under paragraph (1), the Comptroller Health, Education, Labor, and Pensions of

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00141 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.081 S12PT1 S5148 CONGRESSIONAL RECORD — SENATE May 12, 2005 the Senate, a report on the activities funded are electronic and information technology- electronic and information technology-re- under this title. related; lated’’ before ‘‘courses’’; and ‘‘(2) Such report shall include— ‘‘(v) identify the types of clients of the (C) in paragraph (3)— ‘‘(A) a compilation and summary of the in- companies, such as government, school, busi- (i) in subparagraph (D)(ii), by adding at the formation provided by recipients of financial ness, private payor, and charitable clients, end the following: ‘‘Each such Center con- assistance for such activities under this and funding sources for the clients; and ducting activities including the creation of title; and ‘‘(vi) specify geographic segments for the an assistance technology device shall include ‘‘(B) a summary of the applications for fi- companies, to determine whether there are in the committee representatives from the nancial assistance received under this title significant distinctions in industry opportu- assistive technology industry and accessible and the progress of the recipients of finan- nities on the basis of geography, other than electronic and information technology in- cial assistance in achieving the measurable distinctions related to population.’’. dustry. Each such Center conducting activi- goals described in section 204(d)(2). SEC. 435. RESEARCH AND OTHER COVERED AC- ties involving a covered school, or an em- ‘‘(n)(1) If the Director determines that an TIVITIES. ployer, shall include in the committee a rep- entity that receives financial assistance Section 204 of the Rehabilitation Act of resentative of the covered school, or of the under this title fails to comply with the ap- 1973 (29 U.S.C. 764) is amended— employer, respectively.’’; and plicable requirements of this Act, or to make (1) in subsection (a)— (ii) in subparagraph (G)(ii) by inserting progress toward achieving the measurable (A) in paragraph (2)(B)— ‘‘the success of any commercialized product goals described in section 204(d)(2), with re- (i) in clause (vi), by striking ‘‘and’’ after researched or developed through the Cen- spect to the covered activities involved, the the semicolon; ter,’’ after ‘‘disabilities,’’; Director shall assist the entity through tech- (ii) in clause (vii), by striking the period at (D) in paragraph (8), by inserting ‘‘the De- nical assistance or other means, within 90 the end and inserting ‘‘; and’’; and partment of Commerce, the Small Business days after such determination, to develop a (iii) by adding at the end the following: Administration,’’ before ‘‘other Federal corrective action plan. agencies,’’; ‘‘(2) If the entity fails to develop and com- ‘‘(viii) studies, analyses, and other activi- (E) in paragraph (13), in the matter pre- ply with a corrective action plan described in ties affecting employment outcomes, includ- ceding clause (i), by striking ‘‘employment paragraph (1) during a fiscal year, the entity ing self-employment and telecommuting, of needs of individuals with disabilities’’ and shall be subject to 1 of the following correc- individuals with disabilities.’’; and inserting ‘‘employment needs, opportunities, tive actions selected by the Director: (B) by adding at the end the following: and outcomes, including self-employment, ‘‘(A) Partial or complete termination of fi- ‘‘(3) In carrying out this section, the Direc- supported employment, and telecommuting nancial assistance for the covered activities, tor shall emphasize covered activities that needs, opportunities, and outcomes, of indi- until the entity develops and complies with are collaborations between— viduals with disabilities, including older in- such a plan. ‘‘(A) for-profit companies working in the dividuals with disabilities, and students with ‘‘(B) Ineligibility to receive financial as- assistive technology, rehabilitative engi- disabilities who are transitioning from sistance for such covered activities for the neering, or information technology fields; school to postsecondary life, including em- following year. and ‘‘(3) The Secretary shall establish appeals ‘‘(B) States or public or private agencies ployment’’; and procedures for entities described in para- and organizations. (E) by adding at the end the following: graph (1) that the Secretary determines fail ‘‘(4) In carrying out this section, the Direc- ‘‘(19) Research grants may be used to pro- to comply with the applicable requirements tor shall emphasize covered activities that vide for research and demonstration projects of this Act, or to make progress toward include plans for— that— achieving the measurable goals. ‘‘(A) dissemination of educational mate- ‘‘(A) explore methods and practices for pro- ‘‘(4) As part of the annual report required rials, research results, or findings, conclu- moting access to electronic commerce ac- under subsection (m), the Secretary shall de- sions, and recommendations resulting from tivities for individuals with disabilities; and scribe each action taken by the Secretary covered activities; or ‘‘(B) will— under paragraph (1) or (2) and the outcomes ‘‘(B) the commercialization of marketable ‘‘(i) ensure dissemination of research find- of such action.’’. products resulting from the covered activi- ings; SEC. 434. INTERAGENCY COMMITTEE. ties.’’; ‘‘(ii) provide encouragement and support Section 203 of the Rehabilitation Act of (2) in subsection (b)— for initiatives and new approaches by compa- 1973 (29 U.S.C. 763) is amended— (A) in paragraph (1), by striking ‘‘(18)’’ nies engaged in electronic commerce activi- (1) in subsection (a)(1), by striking ‘‘and each place it appears and inserting ‘‘(19)’’; ties; and the Director of the National Science Founda- (B) in paragraph (2)— ‘‘(iii) result in the establishment and tion’’ and inserting ‘‘the Director of the Na- (i) in subparagraph (A)(i), by striking ‘‘re- maintenance of close working relationships tional Science Foundation, the Secretary of habilitation services or’’ and inserting ‘‘re- between the disability, research, and busi- Commerce, and the Administrator of the habilitation services, developers or providers ness communities.’’; Small Business Administration’’; and of assistive technology devices, assistive (3) in subsection (c)(2), by striking (2) in subsection (b)(2)— technology services, or information tech- ‘‘$500,000’’ and inserting ‘‘$750,000’’; and (A) in subparagraph (D), by striking ‘‘and’’ nology devices or services, or providers of’’ (4) by adding at the end the following: after the semicolon; after ‘‘rehabilitation services’’; ‘‘(d)(1) In awarding grants, contracts, or (B) in subparagraph (E), by striking the pe- (ii) in subparagraph (B)— other financial assistance under this title, riod at the end and inserting ‘‘; and’’; and (I) in clause (i), by inserting ‘‘improve the the Director shall award the financial assist- (C) by adding at the end the following: evaluation process for determining the as- ance on a competitive basis. ‘‘(F) conduct a study, on the assistive tech- sistive technology needs of individuals with ‘‘(2)(A) To be eligible to receive financial nology industry, for which the Committee disabilities,’’ after ‘‘conditions,’’; assistance described in paragraph (1) for a shall— (II) in clause (ii), by inserting ‘‘and assist- covered activity, an entity shall submit an ‘‘(i) determine the number of individuals ive technology services’’ before the semi- application to the Director at such time, in who use assistive technology and the scope colon; and such manner, and containing such informa- of the technologies they use; (III) in clause (iii), by inserting ‘‘, assistive tion as the Director may require. ‘‘(ii) separately identify categories of as- technology services personnel,’’ before ‘‘and ‘‘(B) The application shall include informa- sistive technology companies by the dis- other’’; tion describing— ability group served, and the type of product (iii) in subparagraph (C)— ‘‘(i) measurable goals, and a timeline and or service provided, categorized by— (I) in clause (i), by inserting ‘‘, including specific plan for meeting the goals, that the ‘‘(I) size (small, medium, and large) of the research on assistive technology devices, as- applicant has set for addressing priorities re- companies; sistive technology services, and accessible lated to— ‘‘(II) capitalization of the companies; electronic and information technology de- ‘‘(I) commercialization of a marketable ‘‘(III) region in which the companies are lo- vices’’ before the semicolon; and product (including a marketable curriculum cated; and (II) in clause (iii), by inserting ‘‘, including or research) resulting from the covered ac- ‘‘(IV) products or services produced by the the use of assistive technology devices and tivity; companies; accessible electronic and information tech- ‘‘(II) in the case of a covered activity relat- ‘‘(iii) compile aggregate data on revenues nology devices in employment’’ before the ing to technology, technology transfer; and unit sales of such companies, including semicolon; ‘‘(III) in the case of research, dissemina- information on international sales, for a re- (iv) in subparagraph (D), by inserting ‘‘, in- tion of research results to, as applicable, cent reporting period, categorized by institu- cluding training to provide knowledge about government entities, individuals with dis- tion or user type acquiring the products or assistive technology devices, assistive tech- abilities, covered schools, the business com- services, disability for which the products or nology services, and accessible electronic munity, the assistive technology commu- services are used, and industry segment for and information technology devices and nity, and the accessible electronic and infor- the companies; services,’’ after ‘‘personnel’’; and mation technology community; and ‘‘(iv) identify platform availability and (v) in subparagraph (G)(i), by inserting ‘‘, ‘‘(IV) other matters as required by the Di- usage, for those products and services that assistive technology-related, and accessible rector; and

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‘‘(ii) information describing how the appli- (2) by redesignating subsections (c), (d), ‘‘(A) PROVIDING SUPPORTED AND COMPETI- cant will quantifiably measure the goals to and (e) as subsections (f), (g), and (i), respec- TIVE EMPLOYMENT EXPERIENCES.—The devel- determine whether the goals have been ac- tively; opment of innovative and effective supported complished. (3) by inserting after subsection (b) the fol- and competitive employment experiences ‘‘(3)(A) In the case of an application for fi- lowing: after school, on weekends, and in the sum- nancial assistance under this title to carry ‘‘(c) DEMONSTRATION PROJECTS FOR EM- mer, utilizing natural supports that lead to out a covered activity that results in the de- PLOYMENT OF STUDENTS WITH INTELLECTUAL competitive high-paying jobs. velopment of a marketable product, the ap- DISABILITIES OR MENTAL ILLNESS.— ‘‘(B) PROVIDING TRAINING TO SCHOOL AND plication shall also include a commercializa- ‘‘(1) PURPOSE.—The purpose of this sub- TRANSITION PERSONNEL.—The development tion and dissemination plan, containing section is to support model demonstration and deployment of experts to work with commercialization and marketing strategies projects to provide supported and competi- transition programs (including personnel for the product involved, and strategies for tive employment experiences for students working with students on transition) so that disseminating information about the prod- with intellectual disabilities or students personnel from the programs develop skills uct. The financial assistance shall not be with mental illness, and training for per- needed to train students with intellectual used to carry out the commercialization and sonnel that work with students described in disabilities or students with mental illness marketing strategies. this paragraph, to enable the students to to be successful in competitive employment in a range of settings, including office set- ‘‘(B) In the case of any other application gain employment skills and experience that tings. The training shall include training for for financial assistance to carry out a cov- will promote effective transitions from the personnel in providing instruction to ered activity under this title, the application school to postsecondary life, including em- students in computer skills, office skills, shall also include a dissemination plan, con- ployment. interview etiquette, and appropriate social taining strategies for disseminating edu- ‘‘(2) AWARDS AUTHORIZED.— behavior required for successful long-term cational materials, research results, or find- ‘‘(A) COMPETITIVE AWARDS AUTHORIZED.— employment in professional environments. ings, conclusions, and recommendations, re- The Secretary may award grants, contracts, ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— sulting from the covered activity.’’. and cooperative agreements, on a competi- There are authorized to be appropriated to SEC. 436. REHABILITATION RESEARCH ADVISORY tive basis, to eligible organizations described COUNCIL. carry out this subsection $5,000,000 for fiscal in paragraph (3), to enable the organizations year 2006 and such sums as may be necessary Section 205 of the Rehabilitation Act of to carry out demonstration projects de- 1973 (29 U.S.C. 765) is amended— for fiscal years 2007 through 2011. scribed in paragraph (1). ‘‘(d) DEMONSTRATION PROJECT FOR EMPLOY- (1) in subsection (a), by inserting ‘‘at ‘‘(B) DURATION.—The Secretary shall award MENT OF INDIVIDUALS WHO ARE DEAF AND LOW least’’ before ‘‘12’’; and grants, contracts, and cooperative agree- FUNCTIONING.— (2) in subsection (c), by inserting after ‘‘re- ments under this subsection for periods of 3 ‘‘(1) PURPOSE.—The purpose of this sub- habilitation researchers,’’ the following: to 5 years. section is to support a model demonstration ‘‘the directors of community rehabilitation ‘‘(3) ELIGIBLE ORGANIZATIONS.—To be eligi- project to provide training and employment programs, the business community (and ble to receive a grant, contract, or coopera- and support services for individuals who are shall include a representative of the small tive agreement under this subsection, an or- deaf and low functioning to enable them to business community) that has experience ganization shall— gain employment skills that will allow them with the system of vocational rehabilitation ‘‘(A) have expertise in providing employ- to become employed and economically self- services carried out under this Act and with ment and support services for individuals sufficient. hiring individuals with disabilities, the com- with intellectual disabilities or individuals ‘‘(2) DEFINITION.— munity of assistive technology developers with mental illness; ‘‘(A) IN GENERAL.—In this subsection, the and manufacturers, the community of infor- ‘‘(B) have a proven track record in success- term ‘individual who is deaf and low func- mation technology vendors and manufactur- fully running supported employment pro- tioning’ means an individual who has been ers, the community of entities carrying out grams; deaf from birth or very early childhood, programs under the Assistive Technology ‘‘(C) provide employment services that are reads at or below the second grade level, has Act of 1998 (29 U.S.C. 3001 et seq.), the com- exclusively integrated community-based little or no intelligible speech, and lacks a munity of covered school professionals,’’. supported employment services; secondary school diploma or its recognized SEC. 437. DEFINITION. ‘‘(D) have expertise in creating natural equivalent. Title II of the Rehabilitation Act of 1973 (29 supports for employment; ‘‘(B) SECONDARY DISABILITIES.—Such term U.S.C. 761 et seq.) is amended by adding at ‘‘(E) have expertise in providing computer may include an individual with a secondary the end the following: training for the targeted population for the disability. ‘‘SEC. 206. DEFINITION. project involved; and ‘‘(3) GRANTS AUTHORIZED.— ‘‘In this title, the term ‘covered school’ ‘‘(F) have experience operating mentoring ‘‘(A) COMPETITIVE GRANTS AUTHORIZED.— means an elementary school or secondary programs for the target population in middle The Secretary may award grants to State school (as such terms are defined in section and high schools for at least a decade in di- agencies, other public agencies or organiza- 9101 of the Elementary and Secondary Edu- verse communities throughout the Nation. tions, or not-for-profit organizations with cation Act of 1965 (20 U.S.C. 7801)), a commu- ‘‘(4) APPLICATIONS.—Each organization de- expertise in providing training and employ- nity college, or an institution of higher edu- siring to receive a grant, contract, or cooper- ment and support services for individuals cation.’’. ative agreement under this subsection shall who are deaf and low functioning to support submit an application to the Secretary at model demonstration projects. Subtitle C—Professional Development and such time, in such manner, and including ‘‘(B) DURATION.—Grants under this sub- Special Projects and Demonstrations such information as the Secretary may re- section shall be awarded for a period not to SEC. 441. TRAINING. quire. Each application shall include— exceed 5 years. Section 302 of the Rehabilitation Act of ‘‘(A) a description of how the organization ‘‘(4) AUTHORIZED ACTIVITIES.— 1973 (29 U.S.C. 772) is amended— plans to carry out the activities authorized ‘‘(A) DEVELOPING A COMPREHENSIVE TRAIN- (1) in subsection (a)(1)— in this subsection through a demonstration ING PROGRAM.—Each grant recipient under (A) in subparagraph (F), by striking the project; this subsection shall develop an innovative, ‘‘and’’ after the semicolon; ‘‘(B) a description of how the organization comprehensive training program for individ- (B) in subparagraph (G), by striking the pe- will evaluate the project; uals who are deaf and low functioning that riod at the end and inserting ‘‘; and’’; and ‘‘(C) a description of how the organization can be implemented at multiple training lo- (C) by adding at the end the following: will disseminate information about the ac- cations through such means as distance ‘‘(H) personnel trained in providing assist- tivities and the impact of the activities on learning and use of advanced technology, as ive technology services.’’; the lives of students served by the project; appropriate. Such training program shall be (2) in subsection (b)(1)(B)(i), by striking and developed to maximize the potential for rep- ‘‘or prosthetics and orthotics’’ and inserting ‘‘(D) a description of how the organization lication of the program by other training ‘‘prosthetics and orthotics, rehabilitation will coordinate activities with any other rel- providers. teaching for the blind, or orientation and evant service providers in the locality where ‘‘(B) IMPLEMENTATION.—Each grant recipi- mobility instruction’’; and the organization is based, including federally ent under this subsection shall implement (3) in subsection (i), by striking ‘‘fiscal supported independent living centers. the comprehensive training program devel- years 1999 through 2003’’ and inserting ‘‘fiscal ‘‘(5) AUTHORIZED ACTIVITIES.—An organiza- oped under subparagraph (A) as soon as fea- years 2006 through 2011’’. tion that receives a grant, contract, or coop- sible. Such training shall provide instruction SEC. 442. DEMONSTRATION AND TRAINING PRO- erative agreement under this subsection on the job and the social skills necessary for GRAMS. shall use the funds made available through successful long-term employment of individ- Section 303 of the Rehabilitation Act of the grant, contract, or cooperative agree- uals who are deaf and low functioning. 1973 (29 U.S.C. 773) is amended— ment to carry out 1 or more of the following ‘‘(C) ESTABLISHING A POST-TRAINING PRO- (1) in subsection (b)(5)(A)(i), by striking activities for individuals, ages 14 through 21, GRAM OF EMPLOYMENT AND SUPPORT SERV- ‘‘special projects’’ and inserting ‘‘not less who are students with intellectual disabil- ICES.—Each grant recipient under this sub- than 2 special projects’’; ities or students with mental illness: section shall implement employment and

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support services to assist individuals who ‘‘(D) DISSEMINATION.—Not later than 5 programmatically accessible to individuals complete the training program under sub- years after the date on which a grant is with disabilities; paragraph (A) in securing employment and awarded under this subsection, the evalua- ‘‘(iv) sharing evidence-based and promising transitioning to the workplace, for a period tion report containing results of activities practices among the vocational rehabilita- of not less than 90 days subsequent to place- funded by such grant shall be disseminated tion programs; ment in the employment. to designated State agencies, school systems ‘‘(v) maintaining an accessible website ‘‘(5) APPLICATIONS.—Each entity desiring providing instruction to students who are in- that includes links to— to receive a grant under this subsection for dividuals who are deaf and low functioning, ‘‘(I) the vocational rehabilitation pro- a model demonstration project shall submit supported employment providers, postsec- grams; an application to the Secretary at such time, ondary vocational training programs, em- ‘‘(II) appropriate Federal departments and in such manner, and accompanied by such in- ployers, the Social Security Administration, agencies, and private associations; formation as the Secretary may require in- and other interested parties. ‘‘(III) State assistive technology device cluding— ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— and assistive technology service demonstra- ‘‘(A) a description of how the applicant There are authorized to be appropriated to tion programs, device loan programs, device plans to address the activities authorized carry out this subsection, $5,000,000 for fiscal reutilization programs, alternative financing under this subsection; year 2006 and such sums as may be necessary systems, or State financing activities, oper- ‘‘(B) a description of the evaluation plan to for each of fiscal years 2007 through 2011. be used in the model demonstration project; ated through, or independently of, com- ‘‘(e) TRAINING AND TECHNICAL ASSISTANCE ‘‘(C) a description of how the applicant will prehensive statewide programs of tech- CENTER TO PROMOTE HIGH-QUALITY EMPLOY- disseminate information about the training nology-related assistance carried out under MENT OUTCOMES FOR INDIVIDUALS RECEIVING program developed and the results of the section 4 of the Assistive Technology Act of SERVICES FROM DESIGNATED STATE AGEN- project; and 1998 (29 U.S.C. 3003), telework programs, and CIES.— ‘‘(D) a description of how the entity will other programs that provide sources of fund- ‘‘(1) IN GENERAL.—The Commissioner shall coordinate activities with any other relevant ing for assistive technology devices; and award a grant, contract, or cooperative service providers or entities providing train- ‘‘(IV) various programs, including pro- agreement to an entity to support a training ing and employment and support services for grams with tax credits, available to employ- individuals who are deaf and low func- and technical assistance program that— ers for hiring or accommodating employees tioning. ‘‘(A) responds to State-specific information who are individuals with disabilities; requests concerning high-quality employ- ‘‘(6) MANDATED EVALUATION AND DISSEMINA- ‘‘(vi) enhancing employment outcomes for ment outcomes, from designated State agen- TION ACTIVITIES.— individuals with mental illness and individ- cies funded under title I, including— ‘‘(A) ANNUAL REPORT.—Not later than 2 uals with cognitive disabilities; years after the date on which a grant under ‘‘(i) requests for information on the expan- ‘‘(vii) convening experts from the voca- this subsection is awarded and annually sion of self-employment, business ownership, tional rehabilitation programs to discuss and thereafter, the grant recipient shall submit and business development opportunities, and make recommendations with regard to the to the Commissioner a report containing in- other types of entrepreneural employment employment of individuals with disabilities formation on— opportunities for individuals with disabil- and national emerging issues of importance ‘‘(i) the number of individuals who are par- ities; to individuals with vocational rehabilitation ticipating in the demonstration project fund- ‘‘(ii) requests for information on the expan- needs; ed under this subsection; sion and improvement of transition services ‘‘(viii) enabling the designated State agen- ‘‘(ii) the employment and other skills to facilitate the transition of students with cies to provide practical information on ef- being taught in the project; disabilities from school to postsecondary fective approaches for business and industry life, including employment; ‘‘(iii) the number of individuals partici- to use in employing individuals with disabil- ‘‘(iii) requests for examples of policies, pating in the project that are placed in em- ities, including provision of reasonable ac- practices, procedures, or regulations, that ployment; commodations; have enhanced or may enhance access to ‘‘(iv) the job sites in which those individ- ‘‘(ix) providing information on other funding for assistive technology devices and uals are placed and the type of jobs the indi- emerging issues concerning the delivery of assistive technology services for individuals viduals are placed in; and publicly funded employment and training with disabilities; ‘‘(v) the number of individuals who have services and supports to assist individuals ‘‘(iv) requests for information on effective dropped out of the project and the reasons with disabilities to enter the workforce, approaches to enhance informed choice and a for their terminating participation in the achieve improved outcomes, and become eco- consumer-directed State vocational rehabili- project. nomically self-sufficient; and ‘‘(B) EVALUATION OF THE PROJECT.—Each tation system; ‘‘(x) carrying out such other activities as grant recipient under this subsection shall ‘‘(v) requests for assistance developing cor- the Secretary may require. implement the evaluation plan approved in rective action plans; ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to its application for determining the results of ‘‘(vi) requests for assistance in developing receive a grant, contract, or cooperative the project within the timeframe specified and implementing effective data collection agreement under this subsection, an entity in, and following the provisions of, the ap- and reporting systems that measure the out- proved application. comes of the vocational rehabilitation serv- shall have (or agree to award a grant or con- tract to an entity that has)— ‘‘(C) PARTICIPANT EVALUATION PROCESS; ices, and preparing reports for the Commis- FINAL EVALUATION.—In the final year of the sioner as described in section 106(b)(1); and ‘‘(A) experience and expertise in admin- project, the grant recipient will prepare and ‘‘(vii) requests for information on effective istering vocational rehabilitation services; submit to the Commissioner a final evalua- approaches that enhance employment out- ‘‘(B) documented experience with and tion report of the results of the model dem- comes for individuals with disabilities, in- knowledge about self-employment, business onstration project containing— cluding conducting outreach and forming ownership, business development, and other ‘‘(i) information on— partnerships with business and industry; and types of entrepreneural employment oppor- ‘‘(I) the number of individuals who partici- ‘‘(B) provides State-specific, regional, and tunities and outcomes for individuals with pated in the demonstration project; national training and technical assistance disabilities, providing transition services for ‘‘(II) the number of those individuals that concerning vocational rehabilitation serv- students with disabilities, and assistive tech- are placed in employment; ices and related information to designated nology; and ‘‘(III) the job sites in which those individ- State agencies, including— ‘‘(C) the expertise necessary to identify the uals were placed and the type of jobs the in- ‘‘(i) facilitating onsite and electronic infor- additional data elements needed to provide dividuals were placed in; mation sharing using state-of-the-art Inter- comprehensive reporting of activities and ‘‘(IV) the number of those individuals who net technologies such as real-time online outcomes of the vocational rehabilitation have dropped out of the project and the rea- discussions, multipoint video conferencing, programs authorized under title I, and expe- sons for their terminating participation in and web-based audio/video broadcasts, on rience in utilizing data to provide annual re- the project; and emerging topics that affect vocational reha- ports. ‘‘(V) the number of those individuals who bilitation programs authorized under title I; ‘‘(3) COLLABORATION.—In developing and participated in the project and who remain ‘‘(ii) enabling the designated State agen- providing training and technical assistance employed as of 2 months prior to the date on cies to coordinate training and data collec- under this subsection, a recipient of a grant, which the final report is submitted to the tion efforts with one-stop centers established contract, or cooperative agreement under Secretary; under section 121(e) of the Workforce Invest- this subsection shall collaborate with other ‘‘(ii) a written analysis of the project, in- ment Act of 1998 (29 U.S.C. 2841(e)); organizations, in particular— cluding both the strengths and weaknesses of ‘‘(iii) enabling the designated State agen- ‘‘(A) agencies carrying out vocational re- the project, to assist other entities in repli- cies to provide information on how the voca- habilitation programs under title I and na- cating the training program developed tional rehabilitation programs authorized tional organizations representing such pro- through the project; and under title I can provide technical assistance grams; ‘‘(iii) such other information as the Sec- to the one-stop centers on making programs ‘‘(B) organizations representing individuals retary determines appropriate. offered through the centers physically and with disabilities;

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00144 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.082 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5151 ‘‘(C) organizations representing State offi- tions (or any corresponding similar regula- center for independent living funded under cials and agencies engaged in the delivery of tion or ruling). subtitle C of title VII. assistive technology; ‘‘(ii) SMALL BUSINESS DEVELOPMENT CEN- ‘‘(C) COVERED INSTITUTION.—The term ‘cov- ‘‘(D) relevant employees from Federal de- TER.—The term ‘small business development ered institution’ means— partments and agencies, other than the De- center’ means a center established under sec- ‘‘(i) a secondary school; and partment of Education; tion 21 of the Small Business Act (15 U.S.C. ‘‘(ii) in the discretion of the eligible con- ‘‘(E) representatives of businesses; 648). sortium involved, an institution of higher ‘‘(F) individuals with disabilities who use ‘‘(5) FEDERAL SHARE.—The Federal share of education. assistive technology and understand the bar- the cost of establishing or expanding a ‘‘(D) ELIGIBLE CONSORTIUM.—The term ‘eli- riers to the acquisition of such technology telework program under this section shall be gible consortium’ means a consortium de- and assistive technology services; and 10 percent of the cost. scribed in paragraph (3)(A). ‘‘(G) family members, guardians, advo- ‘‘(6) EXISTING GRANT RECIPIENTS.—An enti- ‘‘(E) SECONDARY SCHOOL.—The term ‘sec- cates, and authorized representatives of such ty that receives a grant under the Access to ondary school’ has the meaning given the individuals.’’; Telework Fund Program under subsection (b) term in section 9101 of the Elementary and (4) by inserting after subsection (g), as re- for a fiscal year may use the funds made Secondary Education Act of 1965 (20 U.S.C. designated by paragraph (2), the following: available through that grant for that fiscal 7801). ‘‘(h) ACCESS TO TELEWORK.— year in accordance with this subsection rath- ‘‘(2) PURPOSE OF PROGRAM.—The Commis- ‘‘(1) DEFINITION OF TELEWORK.—In this sub- er than subsection (b). sioner may establish a Disability Career section, the term ‘telework’ means work ‘‘(7) ANNUAL REPORT.— Pathways program, through which the Com- from home and other telework sites with the ‘‘(A) IN GENERAL.—A State or Indian tribe missioner may make grants, for periods of up assistance of a computer and with reasonable that receives a grant under this subsection accommodations, including the necessary to 5 years, to institutions of higher edu- shall prepare and submit an annual report to cation that establish eligible consortia, to equipment to facilitate successful work from the Commissioner. home and other telework sites. enable the consortia to develop and carry ‘‘(B) CONTENTS.—The report under subpara- ‘‘(2) AUTHORIZATION OF PROGRAM.—The out training and education related to dis- graph (A) shall include the following: ability studies and leadership development. Commissioner is authorized to make grants ‘‘(i) Information on the characteristics of to States and governing bodies of Indian The consortia shall provide the training and each individual with a disability that re- education for the purpose of providing career tribes located on Federal and State reserva- ceives assistance through a loan or other al- tions (and consortia of such governing bod- pathways for students at a covered institu- ternative financing mechanism under the ies) to pay for the Federal share of the cost tion, in fields pertinent to individuals with program, including information about the in- of establishing or expanding a telework pro- disabilities, and particularly pertinent to the dividual such as the following: gram. employment of individuals with disabilities. ‘‘(I) Age. ‘‘(3) APPLICATION.—A State or Indian tribe ‘‘(3) APPLICATION.—To be eligible to receive ‘‘(II) Ethnicity. that desires to receive a grant under this a grant under this subsection on behalf of a ‘‘(III) Employment status at the time of subsection shall submit an application to the consortium, an institution of higher edu- application for assistance through a loan or Commissioner at such time, in such manner, cation shall submit an application to the other alternative financing mechanism and containing such information as the Com- Secretary at such time, in such manner, and under this subsection. missioner may require. containing such information as the Sec- ‘‘(IV) Whether the individual attempted to ‘‘(4) USE OF FUNDS.— retary may require, including information secure financial support from other sources ‘‘(A) IN GENERAL.—A State or Indian tribe demonstrating— that receives a grant under this subsection to enable the individual to telework and, if ‘‘(A) that the institution of higher edu- shall establish or expand a telework program so, a description of such sources. cation has established a consortium of mem- that shall provide assistance through loans ‘‘(V) Whether the individual is working bers that represent— or other alternative financing mechanisms and, if so, whether the individual teleworks, ‘‘(i) the institution of higher education; to individuals with disabilities. The State or the occupation in which the individual is ‘‘(ii) a community college; Indian tribe shall provide the assistance working, the hourly salary the individual re- ‘‘(iii) a secondary school; through the program to enable such individ- ceives, and the hourly salary of the indi- ‘‘(iv) a center for independent living; uals to purchase computers or other equip- vidual prior to receiving assistance through ‘‘(v) a designated State agency; ment, including adaptive equipment, to fa- a loan or other alternative financing mecha- ‘‘(vi) a one-stop center established under cilitate access to employment and enhance nism under the program. section 121(e) of the Workforce Investment employment outcomes by providing the indi- ‘‘(VI) Whether the individual has repaid as- Act of 1998 (29 U.S.C. 2841(e)); and vidual with the opportunity— sistance from the loan or other alternative ‘‘(vii) the local business community; ‘‘(i) to work from home or other telework financing mechanism received under the pro- ‘‘(B) the collaborative working relation- sites so that such individuals are able to gram, is in repayment status, is delinquent ships between the institution of higher edu- telework; or on repayments, or has defaulted on the as- cation and the other members of the consor- ‘‘(ii) to become self-employed on a full- sistance from the loan or other alternative tium, and describing the activities that each time or part-time basis from home or other financing mechanism. member shall undertake; and telework sites. ‘‘(ii) An analysis of the individuals with ‘‘(C) the capacity and expertise of the in- ‘‘(B) DEVELOPMENT OF TELEWORK OPPORTU- disabilities that have benefited from the pro- stitution of higher education— NITIES AND BUSINESS PLANS.—A State or In- gram. ‘‘(i) to coordinate training and education dian tribe that receives a grant under this ‘‘(iii) Any other information that the Com- related to disability studies and leadership subsection may use not more than 10 percent missioner may require.’’; and development with educational institutions of the grant award to develop telework op- (5) in subsection (i), as redesignated by and disability-related organizations; and portunities with employers and assist in the paragraph (2)— ‘‘(ii) to conduct such training and edu- development of business plans for individuals (A) by striking ‘‘this section’’ and insert- cation effectively. with disabilities interested in self-employ- ing ‘‘this section (other than subsections (c) ‘‘(4) DISTRIBUTION OF GRANTS.—In making ment, before such individuals apply for as- and (d))’’; and grants under this subsection, the Commis- sistance through the telework program. (B) by striking ‘‘fiscal years 1999 through sioner shall ensure that the grants shall be ‘‘(C) SELF EMPLOYMENT.—A State or Indian 2003’’ and inserting ‘‘fiscal years 2006 through distributed for a geographically diverse set tribe that receives a grant under this sub- 2011’’. of eligible consortia throughout all regions. section shall enter into cooperative agree- SEC. 443. DISABILITY CAREER PATHWAYS PRO- ‘‘(5) MANDATORY USES OF FUNDS.—An insti- ments with small business development cen- GRAM. tution of higher education that receives a ters for the development of business plans as Section 303 of the Rehabilitation Act of grant under this subsection on behalf of a described in section 103(a)(13) for individuals 1973 (29 U.S.C. 773) is amended— consortium shall ensure that the consortium described in subparagraph (B), and provide (1) by redesignating subsection (i) (as re- shall use the grant funds to— assurances that the State or Indian tribe designated by section 442(2) as subsection (j); ‘‘(A) encourage interest in, enhance aware- will, through plans to achieve self-support, and ness and understanding of, and provide edu- vocational rehabilitation services, or other (2) by inserting after subsection (h) the fol- cational opportunities in, disability-related means, identify ways for the individuals de- lowing new subsection: fields, and encourage leadership development scribed in subparagraph (B) to pay for the de- ‘‘(i) GRANTS FOR DISABILITY CAREER PATH- among students at a covered institution, in- velopment of business plans, before such in- WAYS PROGRAM.— cluding such students who are individuals dividuals apply for assistance through the ‘‘(1) DEFINITIONS.—In this subsection: with disabilities; telework program. ‘‘(A) ASSISTIVE TECHNOLOGY.—The term ‘as- ‘‘(B) enable the students at a covered insti- ‘‘(D) DEFINITIONS.—In this paragraph: sistive technology’ has the meaning given tution to gain practical skills and identify ‘‘(i) PLAN TO ACHIEVE SELF-SUPPORT.—The the term in section 3 of the Assistive Tech- work experience opportunities, including op- term ‘plan to achieve self-support’ means a nology Act of 1998 (29 U.S.C. 3002). portunities developed by the consortium in plan described in sections 416.1180 through ‘‘(B) CENTER FOR INDEPENDENT LIVING.—The conjunction with the private sector, that 416.1182 of title 20, Code of Federal Regula- term ‘center for independent living’ means a benefit individuals with disabilities;

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00145 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.082 S12PT1 S5152 CONGRESSIONAL RECORD — SENATE May 12, 2005 ‘‘(C) develop postsecondary school career (2) in subsection (b), by striking ‘‘fiscal 614(d) of the Individuals with Disabilities pathways leading to gainful employment, years 1999 through 2003’’ and inserting ‘‘fiscal Education Act (20 U.S.C. 1414(d)) to postsec- the attainment of an associate or bacca- years 2006 through 2011’’. ondary life, including employment; and laureate degree, or the completion of further Subtitle D—National Council on Disability ‘‘(ii) individuals with significant disabil- coursework or a further degree, in a dis- ities from nursing homes and other institu- SEC. 451. AUTHORIZATION OF APPROPRIATIONS. ability-related field; tions, including institutions serving individ- ‘‘(D) offer credit-bearing, college-level Section 405 of the Rehabilitation Act of uals with cognitive disabilities, to commu- coursework in a disability-related field to 1973 (29 U.S.C. 785) is amended by striking nity-based residences; qualified students at a covered institution; ‘‘fiscal years 1999 through 2003’’ and inserting ‘‘(B) assisting individuals with significant and ‘‘fiscal years 2006 through 2011’’. disabilities at risk of entering institutions to ‘‘(E) ensure faculty and staff employed by Subtitle E—Rights and Advocacy remain in the community; and the members are available to students at a SEC. 461. ARCHITECTURAL AND TRANSPOR- ‘‘(C) promoting home ownership among in- covered institution for educational and ca- TATION BARRIERS COMPLIANCE dividuals with significant disabilities.’’. BOARD. reer advising, and to teachers and staff at a SEC. 482. STATEWIDE INDEPENDENT LIVING covered institution for disability-related Section 502(j) of the Rehabilitation Act of COUNCIL. training. 1973 (29 U.S.C. 792(j)) is amended by striking Section 705(b) of the Rehabilitation Act of ‘‘(6) PERMISSIBLE USES OF FUNDS.—An insti- ‘‘fiscal years 1999 through 2003’’ and inserting tution of higher education that receives a ‘‘fiscal years 2006 through 2011’’. 1973 (29 U.S.C. 796d(b)) is amended— (1) in paragraph (2), by striking subpara- grant under this subsection on behalf of a SEC. 462. PROTECTION AND ADVOCACY OF INDI- graph (C) and inserting the following: consortium may permit the consortium to VIDUAL RIGHTS. use the grant funds to assess the feasibility Section 509 of the Rehabilitation Act of ‘‘(C) in a State in which 1 or more projects of developing or adapting disabilities studies 1973 (29 U.S.C. 794e) is amended— provide services under section 121, not less curricula, including curricula with distance (1) in subsection (c)(1)(A), by inserting ‘‘a than 1 representative of the directors of the learning opportunities, for use at institu- grant for’’ after ‘‘to provide’’; projects.’’; and tions of higher education. (2) in subsection (g)(2), by striking ‘‘was (2) by striking paragraph (5) and inserting the following: ‘‘(7) CONSULTATION.—The consortium shall paid’’ and inserting ‘‘was paid, except that HAIRPERSON.—The Council shall se- consult with appropriate agencies that serve program income generated from the amount ‘‘(5) C lect a chairperson from among the voting or assist individuals with disabilities, and paid to an eligible system shall remain avail- membership of the Council.’’. the parents, family members, guardians, ad- able to such system until expended’’; and vocates, or authorized representatives of the (3) in subsection (l), by striking ‘‘fiscal SEC. 483. INDEPENDENT LIVING SERVICES AU- individuals, located in the jurisdiction years 1999 through 2003’’ and inserting ‘‘fiscal THORIZATION OF APPROPRIATIONS. served by the consortium, concerning the years 2006 through 2011’’. Section 714 of the Rehabilitation Act of program of education and training carried Subtitle F—Employment Opportunities for 1973 (29 U.S.C. 796e–3) is amended by striking out by the consortium. Individuals With Disabilities ‘‘fiscal years 1999 through 2003’’ and inserting ‘‘(8) REVIEWS.— SEC. 471. PROJECTS WITH INDUSTRY. ‘‘fiscal years 2006 through 2011’’. ‘‘(A) ADVISORY COMMITTEE.—For an institu- tion of higher education to be eligible to re- Section 611(a) of the Rehabilitation Act of SEC. 484. PROGRAM AUTHORIZATION. ceive a grant under this subsection on behalf 1973 (29 U.S.C. 795(a)) is amended— Section 721 of the Rehabilitation Act of of a consortium, the consortium shall have (1) in paragraph (1), by inserting ‘‘, locally 1973 (42 U.S.C. 796f) is amended— an advisory committee that consists of mem- and nationally’’ before the period at the end; (1) by striking subsection (c) and inserting bers that represent the interests of individ- and the following: (2) in paragraph (2)— uals with disabilities, including— ‘‘(c) ALLOTMENTS TO STATES.— (A) in the matter preceding subparagraph ‘‘(i) a professional in the field of vocational ‘‘(1) DEFINITIONS.—In this subsection: (A), by inserting ‘‘local and national’’ before rehabilitation; ‘‘(A) ADDITIONAL APPROPRIATION.—The ‘‘(ii) an individual with a disability or a ‘‘Projects With Industry’’; and term ‘additional appropriation’ means the family member of such an individual; and (B) in subparagraph (A)— amount (if any) by which the appropriation ‘‘(iii) a representative of each type of enti- (i) in clause (iii), by striking ‘‘and’’ after for a fiscal year exceeds the total of— ty or community represented on the consor- the semicolon; ‘‘(i) the amount reserved under subsection tium. (ii) in clause (iv), by inserting ‘‘and’’ after (b) for that fiscal year; and the semicolon; and ‘‘(B) QUARTERLY REVIEWS.—The advisory ‘‘(ii) the appropriation for fiscal year 2003. (iii) by adding at the end the following: committee shall meet at least once during ‘‘(B) APPROPRIATION.—The term ‘appropria- each calendar quarter to conduct a review of ‘‘(v) coordinate activities with the Job tion’ means the amount appropriated to the program of education and training car- Corps center industry councils established carry out this part. under section 154 of the Workforce Invest- ried out by the consortium. The committee ‘‘(C) BASE APPROPRIATION.—The term ‘base shall directly advise the governing board of ment Act of 1998 (29 U.S.C. 2894);’’. appropriation’ means the portion of the ap- the institution of higher education in the SEC. 472. PROJECTS WITH INDUSTRY AUTHOR- propriation for a fiscal year that is equal to consortium about the views and rec- IZATION OF APPROPRIATIONS. the lesser of— ommendations of the advisory committee re- Section 612 of the Rehabilitation Act of ‘‘(i) an amount equal to 100 percent of the sulting from the review. 1973 (29 U.S.C. 795a) is amended by striking appropriation, minus the amount reserved ‘‘(9) ACCOUNTABILITY.—Every 2 years, the ‘‘fiscal years 1999 through 2003’’ and inserting under subsection (b) for that fiscal year; or Commissioner shall— ‘‘fiscal years 2006 through 2011’’. ‘‘(ii) the appropriation for fiscal year 2003. ‘‘(A) using information collected from the SEC. 473. SERVICES FOR INDIVIDUALS WITH SIG- ‘‘(2) ALLOTMENTS TO STATES FROM BASE AP- reviews required in paragraph (8), assess the NIFICANT DISABILITIES AUTHORIZA- PROPRIATION.—After the reservation required effectiveness of the Disability Career Path- TION OF APPROPRIATIONS. by subsection (b) has been made, the Com- ways program carried out under this sub- Section 628 of the Rehabilitation Act of missioner shall allot to each State whose section, including assessing how many indi- 1973 (29 U.S.C. 795n) is amended by striking State plan has been approved under section viduals were served by each eligible consor- ‘‘fiscal years 1999 through 2003’’ and inserting 706 an amount that bears the same ratio to tium and how many of those individuals re- ‘‘fiscal years 2006 through 2011’’. the base appropriation as the amount the ceived postsecondary education, or entered Subtitle G—Independent Living Services and State received under this subsection for fis- into employment, in a disability-related Centers for Independent Living cal year 2003 bears to the total amount that field; and SEC. 481. STATE PLAN. all States received under this subsection for ‘‘(B) prepare and submit to Congress a re- Section 704 of the Rehabilitation Act of fiscal year 2003. port containing the results of the assess- 1973 (42 U.S.C. 795c) is amended by adding at ‘‘(3) ALLOTMENTS TO STATES OF ADDITIONAL ments described in subparagraph (A).’’. the end the following: APPROPRIATION.—From any additional appro- SEC. 444. MIGRANT AND SEASONAL FARM- ‘‘(o) PROMOTING FULL ACCESS TO COMMU- priation for each fiscal year, the Commis- WORKERS. NITY LIFE.— sioner shall allot to each State whose State plan has been approved under section 706 an Section 304(b) of the Rehabilitation Act of ‘‘(1) IN GENERAL.—The plan shall describe amount equal to the sum of— 1973 (29 U.S.C. 774(b)) is amended by striking how the State will provide independent liv- ‘‘(A) an amount that bears the same ratio ‘‘fiscal years 1999 through 2003’’ and inserting ing services that promote full access to com- to 50 percent of the additional appropriation ‘‘fiscal years 2006 through 2011’’. munity life for individuals with significant disabilities. as the population of the State bears to the SEC. 445. RECREATIONAL PROGRAMS. ‘‘(2) SERVICES.—The services shall include, population of all States; and Section 305 of the Rehabilitation Act of as appropriate— ‘‘(B) 1⁄56 of 50 percent of the additional ap- 1973 (29 U.S.C. 775) is amended— ‘‘(A) facilitating transitions of— propriation.’’; and (1) in subsection (a)(1)(B), by striking ‘‘(i) youth who are individuals with signifi- (2) by adding at the end the following: ‘‘construction of facilities for aquatic reha- cant disabilities and have completed individ- ‘‘(e) CARRYOVER AUTHORITY.—Notwith- bilitation therapy,’’; and ualized education programs under section standing any other provision of law—

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00146 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.082 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5153 ‘‘(1) any funds appropriated for a fiscal funds appropriated to carry out this chapter ‘‘(i) $350,000; year to carry out a grant program under sec- exceed the funds appropriated to carry out ‘‘(ii) an amount equal to the amount the tion 722 or 723, that are not obligated and ex- this chapter for fiscal year 2003, the Commis- State, the District of Columbia, or the Com- pended by recipients prior to the beginning sioner shall first reserve from such excess, to monwealth of Puerto Rico received to carry of the succeeding fiscal year shall remain provide training and technical assistance to out this chapter for fiscal year 2003; or available for obligation and expenditure by designated State agencies for such fiscal ‘‘(iii) an amount equal to 1⁄3 of 1 percent of such recipients during that succeeding fiscal year, not less than 1.8 percent, and not more the amount appropriated under section 754, year and the subsequent fiscal year; and than 2 percent, of the funds appropriated to and not reserved under section 752, for the ‘‘(2) any amounts of program income re- carry out this chapter for the fiscal year in- fiscal year and available for allotments ceived by recipients under a grant program volved. under subsection (a). under section 722 or 723 in a fiscal year, that ‘‘(b) ALLOCATION.—From the funds reserved ‘‘(B) CERTAIN TERRITORIES.—In the case of are not obligated and expended by recipients under subsection (a), the Commissioner shall Guam, American Samoa, the United States prior to the beginning of the succeeding fis- make grants to, and enter into contracts and Virgin Islands, or the Commonwealth of the cal year, shall remain available for obliga- other arrangements with, entities that dem- Northern Mariana Islands, the amount re- tion and expenditure by such recipients dur- onstrate expertise in the provision of serv- ferred to in paragraph (1)(A) for a fiscal year ing that succeeding fiscal year and the sub- ices to older individuals who are blind to is $60,000.’’; sequent fiscal year.’’. provide training and technical assistance (B) in paragraph (3)(A), by striking ‘‘sec- SEC. 485. GRANTS TO CENTERS FOR INDE- with respect to planning, developing, con- tion 753’’ and inserting ‘‘section 754, and not PENDENT LIVING IN STATES IN ducting, administering, and evaluating inde- reserved under section 752,’’; and WHICH FEDERAL FUNDING EXCEEDS pendent living programs for older individuals (C) in paragraph (4)(B)(i), by striking ‘‘sub- STATE FUNDING. who are blind. section (i)’’ and inserting ‘‘subsection (h)’’. Section 722(c) of the Rehabilitation Act of ‘‘(c) FUNDING PRIORITIES.—The Commis- 1973 (29 U.S.C. 796f–1(c)) is amended— SEC. 491. INDEPENDENT LIVING SERVICES FOR sioner shall conduct a survey of designated OLDER INDIVIDUALS WHO ARE (1) by striking ‘‘grants’’ and inserting State agencies that receive grants under sec- BLIND AUTHORIZATION OF APPRO- ‘‘grants for a fiscal year’’; and tion 753 regarding training and technical as- PRIATIONS. (2) by striking ‘‘by September 30, 1997’’ and sistance needs in order to determine funding Section 754 of the Rehabilitation Act of inserting ‘‘for the preceding fiscal year’’. priorities for grants, contracts, and other ar- 1973, as redesignated by section 489, is SEC. 486. GRANTS TO CENTERS FOR INDE- rangements under this section. amended by striking ‘‘fiscal years 1999 PENDENT LIVING IN STATES IN through 2003’’ and inserting ‘‘fiscal years 2006 WHICH STATE FUNDING EQUALS OR ‘‘(d) REVIEW.—To be eligible to receive a EXCEEDS FEDERAL FUNDING. grant or enter into a contract or other ar- through 2011’’. Section 723(c) of the Rehabilitation Act of rangement under this section, an entity Subtitle H—Miscellaneous 1973 (29 U.S.C. 796f–2(c)) is amended— shall submit an application to the Commis- SEC. 495. HELEN KELLER NATIONAL CENTER (1) by striking ‘‘grants’’ and inserting sioner at such time, in such manner, con- ACT. ‘‘grants for a fiscal year’’; and taining a proposal to provide such training (a) GENERAL AUTHORIZATION OF APPROPRIA- (2) by striking ‘‘by September 30, 1997’’ and and technical assistance, and containing TIONS.—The first sentence of section 205(a) of inserting ‘‘for the preceding fiscal year’’. such additional information as the Commis- the Helen Keller National Center Act (29 SEC. 487. STANDARDS AND ASSURANCES FOR sioner may require. U.S.C. 1904(a)) is amended by striking ‘‘1999 CENTERS FOR INDEPENDENT LIV- ‘‘(e) PROHIBITION ON COMBINED FUNDS.—No through 2003’’ and inserting ‘‘2006 through ING. funds reserved by the Commissioner under 2011’’. Section 725(b) of the Rehabilitation Act of this section may be combined with funds ap- (b) HELEN KELLER NATIONAL CENTER FED- 1973 (29 U.S.C. 796f–4(b)) is amended by add- propriated under any other Act or part of ERAL ENDOWMENT FUND.—The first sentence ing at the end the following: this Act if the purpose of combining funds is of section 208(h) of the Helen Keller National ‘‘(8) PROMOTING FULL ACCESS TO COMMUNITY to make a single discretionary grant or a Center Act (29 U.S.C. 1907(h)) is amended by LIFE.— single discretionary payment, unless such re- striking ‘‘1999 through 2003’’ and inserting ‘‘(A) IN GENERAL.—The center shall provide served funds are separately identified in the ‘‘2006 through 2011’’. independent living services that promote full agreement for such grant or payment and TITLE V—TRANSITION AND EFFECTIVE access to community life for individuals are used for the purposes of this chapter.’’. DATE with significant disabilities. SEC. 490. PROGRAM OF GRANTS. SEC. 501. TRANSITION PROVISIONS. ‘‘(B) SERVICES.—The services shall include, Section 753 of the Rehabilitation Act of as appropriate— The Secretary of Labor shall, at the discre- 1973, as redesignated by section 489, is tion of the Secretary, take such actions as ‘‘(i) facilitating transitions of— amended— ‘‘(I) youth who are individuals with signifi- the Secretary determines to be appropriate (1) by striking subsection (h); to provide for the orderly implementation of cant disabilities and have completed individ- (2) by redesignating subsections (i) and (j) ualized education programs under section titles I and III of this Act. The Secretary of as subsections (h) and (i), respectively; Education shall, at the discretion of the Sec- 614(d) of the Individuals with Disabilities (3) in subsection (b), by striking ‘‘section Education Act (20 U.S.C. 1414(d)) to postsec- retary, take such actions as the Secretary 753’’ and inserting ‘‘section 754’’; determines to be appropriate to provide for ondary life, including employment; and (4) in subsection (c)— ‘‘(II) individuals with significant disabil- the orderly implementation of titles II and (A) in paragraph (1), by striking ‘‘section IV of this Act. ities from nursing homes and other institu- 753’’ and inserting ‘‘section 754’’; and SEC. 502. EFFECTIVE DATE. tions, including institutions serving individ- (B) in paragraph (2)— Except as otherwise provided in this Act, uals with cognitive disabilities, to commu- (i) by striking ‘‘subsection (j)’’ and insert- this Act and the amendments made by this nity-based residences; ing ‘‘subsection (i)’’; and Act shall take effect on the date of enact- ‘‘(ii) assisting individuals with significant (ii) by striking ‘‘subsection (i)’’ and insert- ment of this Act. disabilities at risk of entering institutions to ing ‘‘subsection (h)’’; remain in the community; and (5) in subsection (g), by inserting ‘‘, or con- Mr. KENNEDY. Mr. President, It is a ‘‘(iii) promoting home ownership among tracts with,’’ after ‘‘grants to’’; privilege to join my colleagues in in- individuals with significant disabilities.’’. (6) in subsection (h), as redesignated by troducing this bipartisan bill to reau- SEC. 488. CENTERS FOR INDEPENDENT LIVING paragraph (2)— thorize the Workforce Investment Act AUTHORIZATION OF APPROPRIA- (A) in paragraph (1), by striking ‘‘sub- TIONS. and increase the opportunities for Section 727 of the Rehabilitation Act of section (j)(4)’’ and inserting ‘‘subsection workers to obtain the services and 1973 (29 U.S.C. 796f–6) is amended by striking (i)(4)’’; and training they need to hold good jobs in ‘‘fiscal years 1999 through 2003’’ and inserting (B) in paragraph (2)— the years ahead. ‘‘fiscal years 2006 through 2011’’. (i) in subparagraph (A)(vi), by adding This bill strengthens the current ‘‘and’’ after the semicolon; SEC. 489. INDEPENDENT LIVING SERVICES FOR One-Stop system we established in 1998, OLDER INDIVIDUALS WHO ARE (ii) in subparagraph (B)(ii)(III), by striking BLIND. ‘‘; and’’ and inserting a period; and so that many more people can be Chapter 2 of title VII of the Rehabilitation (iii) by striking subparagraph (C); and served. The bill creates stronger part- Act of 1973 (29 U.S.C. 796j et seq.) is amend- (7) in subsection (i), as redesignated by nerships with businesses to recruit new ed— paragraph (2)— workers, collaborate in training cur- (1) by redesignating sections 752 and 753 as (A) by striking paragraph (2) and inserting rent workers, improve career ladder op- sections 753 and 754, respectively; and the following: portunities, and work with local lead- (2) by inserting after section 751 the fol- ‘‘(2) MINIMUM ALLOTMENT.— ers to meet the changing needs of their lowing: ‘‘(A) STATES.—In the case of any of the sev- community. ‘‘SEC. 752. TRAINING AND TECHNICAL ASSIST- eral States, the District of Columbia, or the ANCE. Commonwealth of Puerto Rico, the amount The One-Stop system is needed more ‘‘(a) GRANTS; CONTRACTS; OTHER ARRANGE- referred to in paragraph (1)(A) for a fiscal than ever now, to serve hard-working MENTS.—For any fiscal year for which the year is the greater of— Americans who have lost their jobs

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00147 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.082 S12PT1 S5154 CONGRESSIONAL RECORD — SENATE May 12, 2005 through no fault of their own as we with the most significant challenges, manufactured in the United States. struggle to rebuild our economy and have realistic opportunities to obtain This will encourage innovation and in- adjust to the new century and the the services and support they need to vestment in domestic manufacturing globalization forces that are trans- reach their employment goals. facilities, which employ about 95,000 forming our society and our workforce. The legislation also strengthens Americans. Current employees, especially the other aspects of independent living, so Energy savings from this bill would growing number of manufacturing that students and adults with disabil- be significant. Super-energy efficient workers, need effective training to be ities can receive the services and sup- and water conserving clothes washers eligible for the available jobs in their port they need for community-based would have to use at least 65 percent area. living. less energy than the 2004 federal stand- We have also worked to remove the Our goal in this reauthorization is to ard to qualify for the higher credit. Re- sequencing of services for persons en- see that the talents and strengths of frigerators must exceed the 2001 energy tering the workforce who face barriers all individuals with disabilities are rec- conservation standards for comparably to employment. Providers can move ognized, enhanced, and fairly rewarded sized models by at least 15 percent to adults directly to skills training, or in communities and workplaces across receive a credit under this bill. create training programs that include the nation. This bill will not only save energy, literacy and language skills as well, so The bill also contains the Adult Lit- and reduce the consumers’ energy bills that job training is not delayed. eracy Act, which funds critical pro- over the life of the appliance. It is esti- The bill also encourages local pro- grams for states to assist adults in ob- mated that, over twenty years, the viders to continue the training pro- taining the basic reading, writing, credit would reduce the amount of grams until employees can be self-suf- numeracy and English language skills water used to wash clothes by approxi- ficient. For those who start on the that they need to be full participants mately a trillion gallons, the amount minimum wage, the support system in the workplace and in society. used in two years by a city the size of should be there to help them qualify We all know that education is the Phoenix, Arizona. for the better-paying jobs that will en- great equalizer. Improving basic lit- In several parts of the country, devel- able them to support their families. eracy is a key component of job train- opment is constrained by the lack of Some men and women may obtain ing. Large numbers of persons are on good quality water and water infra- their first job through the system, and waiting lists across the country to be structure. Having dealt with the water continue to participate as they move served under this program—25,000 peo- crisis in the Klamath Basin in 2001, up their career ladders. ple in Massachusetts alone—and we when 1,200 farmers and ranchers had The bill will also help young people. need to do more to serve adults who their irrigation water cut off, I can tell Last summer, the youth unemploy- recognize their need to improve these you firsthand that the conflicts be- ment rate rose to 17 percent and we skills in order to improve their lives. tween competing human and environ- were all acutely aware of the special I commend my colleagues and the mental needs are real and are growing. challenges that young workers face in many organizations representing gov- As Benjamin Franklin observed, this economy. The youth program will ernors, mayors, county officials, youth, ‘‘When the well is dry, we know the continue to work with both in-school women, and low-income persons who worth of water.’’ In many parts of the and out-of-school young men and were so actively involved in preparing arid west, the well is running dry on a women to help them obtain the edu- this legislation. We have tried to listen regular basis. The 10-year drought in cation and the real job experience they carefully to the many leaders who have the Colorado River Basin, which has need to be competitive. practical experience in implementing seen relief this year, had produced the The bill pays particular attention to these laws. lowest flows on record last year, the needs of people with disabilities. I look forward to continuing this bi- straining an important resource for Their access to the program is essen- partisan effort and to the early enact- millions of people. The Columbia River tial if the system is to be truly uni- ment of this needed legislation. Basin has also experienced below aver- versal. It’s unacceptable today that age flows in recent years. hundreds of thousands of people with By Mr. SMITH (for himself, Mrs. disabilities are unable to find employ- LINCOLN, and Mr. GRASSLEY): The daily per capita water use ment. Workforce training programs S. 1022. A bill to amend the Internal around the world varies significantly. must coordinate with vocational reha- Revenue Code of 1986 to allow for an The U.N. Population Fund cites that, bilitation programs to provide many energy efficient appliance credit; to in the United States, we use an esti- more opportunities for those with the Committee on Finance. mated 152 gallons per day per person, physical and mental challenges. Mr. SMITH. Mr. President, water and while in the United Kingdom they use For over thirty years, since the Vo- energy are precious resources that we 88 gallons. Africans use 12 gallons a cational Rehabilitation Act was first must manage as efficiently as possible. day. enacted in 1973, state vocational reha- That is why I am joining with my col- According to the Rocky Mountain In- bilitation programs have brought new leagues Senator LINCOLN and Finance stitute, 47 percent of all water supplied hope to individuals with disabilities Chairman GRASSLEY to introduce the to communities in the United States throughout the country, so that they ‘‘Resource Efficient Appliance Incen- by public and private utilities is for can reach their full potential and ac- tives Act of 2005.’’ This bill would pro- residential water use. Of that, clothes tively participate in their commu- vide for manufacturers’ tax credits of washers account for approximately 22 nities. varying levels for certain energy and percent of residential use, while dish- Through vocational rehabilitation, water efficient home appliances. washers account for about 3 percent. individuals with disabilities can obtain Under this bill, for the first time, I firmly believe that we can use tech- the training, counseling, support and water efficiency is included in the eli- nology to improve our environmental job opportunities they need in order to gibility criteria for the tax credits for stewardship. Water efficiency can ex- have independent, productive, and ful- clothes washers. This bill provides tend our finite water supplies, and also filling lives. For millions of these graduated credits to appliance manu- reduce the amount of wastewater that Americans, vocational rehabilitation is facturers. The more efficient the dish- communities must treat. the difference between dependence and washer, clothes washer or refrigerator, I would urge my colleagues to join independence, between lost potential the higher the credit. me in cosponsoring this important bill and a productive career. To spur increased production, the bill to provide incentives for water and en- In 1998, vocational rehabilitation be- provides that these tax credits would ergy efficient residential appliances. I came part of the state-wide workforce apply only to production that exceeds ask unanimous consent that the text of system in each state. This reauthoriza- historical production levels, and re- legislation be printed in the RECORD. tion will strengthen that partnership, quires a three-year rolling average to There being no objection, the bill was so that many more working-age indi- calculated this production baseline. ordered to be printed in the RECORD, as viduals with disabilities, even those The bill only applies to appliances follows:

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S. 1022 cent less kilowatt hours per year than the ‘‘(3) SPECIAL RULE FOR 2005 PRODUCTION.— Be it enacted by the Senate and House of Rep- 2001 energy conservation standards, the ap- For purposes of determining eligible produc- resentatives of the United States of America in plicable amount is— tion for calendar year 2005— Congress assembled, ‘‘(I) $175 for a refrigerator which is manu- ‘‘(A) only production after the date of en- SECTION 1. SHORT TITLE. factured in calendar year 2005, 2006, or 2007, actment of this section shall be taken into This Act may be cited as the ‘‘Resource Ef- and account under paragraphs (1)(A) and (2)(A), ficient Appliance Incentives Act of 2005.’’. ‘‘(II) $150 for a refrigerator which is manu- and factured in calendar year 2008, 2009, or 2010. ‘‘(B) the amount taken into account under SEC. 2. CREDIT FOR ENERGY EFFICIENT APPLI- ANCES. ‘‘(2) ENERGY SAVINGS AMOUNT.—For pur- paragraphs (1)(B) and (2)(B) shall be an amount which bears the same ratio to the (a) IN GENERAL.—Subpart D of part IV of poses of paragraph (1)(A)— subchapter A of chapter 1 of the Internal ‘‘(A) IN GENERAL.—The energy savings amount which would (but for this paragraph) be taken into account under such paragraph Revenue Code of 1986 (relating to business-re- amount is the lesser of— as— lated credits) is amended by adding at the ‘‘(i) the product of— ‘‘(i) the number of days in calendar year end the following new section: ‘‘(I) $3, and ‘‘(II) 100 multiplied by the energy savings 2005 after the date of enactment of this sec- ‘‘SEC. 45J. ENERGY EFFICIENT APPLIANCE CRED- tion, bears to IT. percentage, or ‘‘(ii) 365. ‘‘(a) GENERAL RULE.— ‘‘(ii) $100. ‘‘(d) TYPES OF ENERGY EFFICIENT APPLI- N GENERAL ‘‘(B) ENERGY SAVINGS PERCENTAGE.—For ‘‘(1) I .—For purposes of section ANCE.—For purposes of this section, the 38, the energy efficient appliance credit de- purposes of subparagraph (A), the energy savings percentage is the ratio of— types of energy efficient appliances are— termined under this section for any taxable ‘‘(1) dishwashers described in subsection year is an amount equal to the sum of the ‘‘(i) the EF required by the Energy Star program for dishwashers in 2007 minus the (b)(1)(A), credit amounts determined under paragraph ‘‘(2) clothes washers described in sub- (2) for each type of qualified energy efficient EF required by the Energy Star program for dishwashers in 2005, to section (b)(1)(B)(i), appliance produced by the taxpayer during ‘‘(3) clothes washers described in sub- the calendar year ending with or within the ‘‘(ii) the EF required by the Energy Star program for dishwashers in 2007. section (b)(1)(B)(ii), taxable year. ‘‘(4) clothes washers described in sub- ‘‘(3) ENERGY AND WATER SAVINGS AMOUNT.— ‘‘(2) CREDIT AMOUNTS.—The credit amount section (b)(1)(B)(iii), For purposes of paragraph (1)(B)(iii)— determined for any type of qualified energy ‘‘(5) refrigerators described in subsection ‘‘(A) IN GENERAL.—The energy and water efficient appliance is— (b)(1)(C)(i), savings amount is the lesser of— ‘‘(A) the applicable amount determined ‘‘(6) refrigerators described in subsection ‘‘(i) the product of— under subsection (b) with respect to such (b)(1)(C)(ii)(I), ‘‘(I) $10, and type, multiplied by ‘‘(7) refrigerators described in subsection ‘‘(II) 100 multiplied by the energy and ‘‘(B) the eligible production for such type. (b)(1)(C)(ii)(II), water savings percentage, or ‘‘(b) APPLICABLE AMOUNT.— ‘‘(8) refrigerators described in subsection ‘‘(ii) $200. ‘‘(1) IN GENERAL.—For purposes of sub- (b)(1)(C)(iii)(I), and ‘‘(B) ENERGY AND WATER SAVINGS PERCENT- section (a)— ‘‘(9) refrigerators described in subsection ‘‘(A) DISHWASHERS.—The applicable AGE.—For purposes of subparagraph (A), the (b)(1)(C)(iii)(II). amount is the energy savings amount in the energy and water savings percentage is the ‘‘(e) LIMITATIONS.— case of a dishwasher which— average of the MEF savings percentage and ‘‘(1) AGGREGATE CREDIT AMOUNT ALLOWED.— ‘‘(i) is manufactured in calendar year 2006 the WF savings percentage. The aggregate amount of credit allowed or 2007, and ‘‘(C) MEF SAVINGS PERCENTAGE.—For pur- under subsection (a) with respect to a tax- ‘‘(ii) meets the requirements of the Energy poses of this subparagraph, the MEF savings payer for any taxable year shall not exceed Star program which are in effect for dish- percentage is the ratio of— $75,000,000 reduced by the amount of the washers in 2007. ‘‘(i) the MEF required by the Energy Star credit allowed under subsection (a) to the ‘‘(B) CLOTHES WASHERS.—The applicable program for clothes washers in 2010 minus taxpayer (or any predecessor) for all prior amount is— the MEF required by the Energy Star pro- taxable years. ‘‘(i) $50, in the case of a clothes washer gram for clothes washers in 2007, to ‘‘(2) AMOUNT ALLOWED FOR CERTAIN APPLI- which— ‘‘(ii) the MEF required by the Energy Star ANCES.— ‘‘(I) is manufactured in calendar year 2005, program for clothes washers in 2010. ‘‘(A) IN GENERAL.—In the case of appliances and ‘‘(D) WF SAVINGS PERCENTAGE.—For pur- described in subparagraph (C), the aggregate ‘‘(II) has an MEF of at least 1.42, poses of this subparagraph, the WF savings amount of the credit allowed under sub- ‘‘(ii) $100, in the case of a clothes washer percentage is the ratio of— section (a) with respect to a taxpayer for any which— ‘‘(i) the WF required by the Energy Star taxable year shall not exceed $20,000,000 re- ‘‘(I) is manufactured in calendar year 2005, program for clothes washers in 2010 minus duced by the amount of the credit allowed 2006, or 2007, and the WF required by the Energy Star program under subsection (a) to the taxpayer (or any ‘‘(II) meets the requirements of the Energy for clothes washers in 2007, to predecessor) for all prior taxable years with Star program which are in effect for clothes ‘‘(ii) the WF required by the Energy Star respect to such appliances. washers in 2007, and program for clothes washers in 2010. ‘‘(B) ELECTION TO INCREASE ALLOWABLE ‘‘(iii) the energy and water savings ‘‘(c) ELIGIBLE PRODUCTION.— CREDIT.—In the case of any taxpayer who amount, in the case of a clothes washer ‘‘(1) IN GENERAL.—Except as provided in makes an election under this subparagraph— which— paragraphs (2) and (3), the eligible produc- ‘‘(i) subparagraph (A) shall be applied by ‘‘(I) is manufactured in calendar year 2008, tion in a calendar year with respect to each substituting ‘$25,000,000’ for ‘$20,000,000’, and 2009, or 2010, and type of energy efficient appliance is the ex- ‘‘(ii) the aggregate amount of the credit al- ‘‘(II) meets the requirements of the Energy cess of— lowed under subsection (a) with respect to Star program which are in effect for clothes ‘‘(A) the number of appliances of such type such taxpayer for any taxable year for appli- washers in 2010. which are produced by the taxpayer in the ances described in subparagraph (C) and the ‘‘(C) REFRIGERATORS.— United States during such calendar year, additional appliances described in subpara- ‘‘(i) 15 PERCENT SAVINGS.—The applicable over graph (D) shall not exceed $50,000,000 reduced amount is $75 in the case of a refrigerator ‘‘(B) the average number of appliances of by the amount of the credit allowed under which— such type which were produced by the tax- subsection (a) to the taxpayer (or any prede- ‘‘(I) is manufactured in calendar year 2005 payer (or any predecessor) in the United cessor) for all prior taxable years with re- or 2006, and States during the preceding 3-calendar year spect to such appliances. ‘‘(II) consumes at least 15 percent less kilo- period. ‘‘(C) APPLIANCES DESCRIBED.—The appli- watt hours per year than the 2001 energy ‘‘(2) SPECIAL RULE FOR REFRIGERATORS.— ances described in this subparagraph are— conservation standard. The eligible production in a calendar year ‘‘(i) clothes washers described in sub- ‘‘(ii) 20 PERCENT SAVINGS.—In the case of a with respect to each type of refrigerator de- section (b)(1)(B)(i), and refrigerator which consumes at least 20 per- scribed in subsection (b)(1)(C) is the excess ‘‘(ii) refrigerators described in subsection cent less kilowatt hours per year than the of— (b)(1)(C)(i). 2001 energy conservation standards, the ap- ‘‘(A) the number of appliances of such type ‘‘(D) ADDITIONAL APPLIANCES.—The addi- plicable amount is— which are produced by the taxpayer in the tional appliances described in this subpara- ‘‘(I) $125 for a refrigerator which is manu- United States during such calendar year, graph are— factured in calendar year 2005, 2006, or 2007, over ‘‘(i) refrigerators described in subsection and ‘‘(B) 110 percent of the average number of (b)(1)(C)(ii)(I), and ‘‘(II) $100 for a refrigerator which is manu- appliances of such type which were produced ‘‘(ii) refrigerators described in subsection factured in calendar year 2008. by the taxpayer (or any predecessor) in the (b)(1)(C)(ii)(II). ‘‘(iii) 25 PERCENT SAVINGS.—In the case of a United States during the preceding 3-cal- ‘‘(3) LIMITATION BASED ON GROSS RE- refrigerator which consumes at least 25 per- endar year period. CEIPTS.—The credit allowed under subsection

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(a) with respect to a taxpayer for the taxable (d) EFFECTIVE DATE.—The amendments occupations, and various kinds of talent and year shall not exceed an amount equal to 2 made by this section shall apply to appli- experience appropriate to the functions and percent of the average annual gross receipts ances produced after the date of the enact- responsibilities of the Trust; and of the taxpayer for the 3 taxable years pre- ment of this Act, in taxable years ending (v) shall be responsible for establishing the ceding the taxable year in which the credit is after such date. priorities and funding obligations of the determined. Trust. ‘‘(4) GROSS RECEIPTS.—For purposes of this By Mr. DODD (for himself, Ms. (B) INITIAL MEMBERS.—The initial members subsection, the rules of paragraphs (2) and (3) SNOWE, Mr. DURBIN, and Mr. of the Board shall serve as incorporators of of section 448(c) shall apply. BURNS): the Trust and shall take whatever actions ‘‘(f) DEFINITIONS.—For purposes of this sec- S. 1023. A bill to provide for the es- are necessary to establish the Trust under tion— the District of Columbia Nonprofit Corpora- ‘‘(1) QUALIFIED ENERGY EFFICIENT APPLI- tablishment of a Digital Opportunity tion Act (D.C. Code, section 29–501 et seq.). ANCE.—The term ‘qualified energy efficient Investment Trust; to the Committee on (C) RECOMMENDATIONS.—The Majority appliance’ means— Health, Education, Labor, and Pen- Leader of the Senate, the Minority Leader of ‘‘(A) any dishwasher described in sub- sions. the Senate, the Speaker of the House of Rep- section (b)(1)(A), Mr. DODD. Mr. President, I ask unan- resentatives, and the Minority Leader of the ‘‘(B) any clothes washer described in sub- imous consent that the text of the bill House of Representatives shall jointly sub- section (b)(1)(B), and be printed in the RECORD. mit to the President recommendations of in- ‘‘(C) any refrigerator described in sub- There being no objection, the bill was dividuals, selected from nominations sub- section (b)(1)(C). mitted to Congress from associations rep- ‘‘(2) DISHWASHER.—The term ‘dishwasher’ ordered to be printed in the RECORD, as resenting the fields of science and learning means a residential dishwasher subject to follows: relative to the work of the Board, to serve as the energy conservation standards estab- S. 1023 members of the Board. lished by the Department of Energy. Be it enacted by the Senate and House of Rep- (D) TERMS OF APPOINTMENT.— ‘‘(3) CLOTHES WASHER.—The term ‘clothes resentatives of the United States of America in (i) DATE.—Members of the Board shall be washer’ means a residential model clothes Congress assembled, appointed not later than 90 days after the washer, including a residential style coin op- date of enactment of this Act. SECTION 1. SHORT TITLE. erated washer. (ii) TERMS.— This Act may be cited as the ‘‘Digital Op- ‘‘(4) REFRIGERATOR.—The term ‘refrig- (I) IN GENERAL.—Except as provided in sub- portunity Investment Trust Act’’. erator’ means a residential model automatic clause (II), each member of the Board shall defrost refrigerator-freezer which has an in- SEC. 2. ORGANIZATION. be appointed for a 6-year term with terms set ternal volume of at least 16.5 cubic feet. (a) IN GENERAL.—There is established a to expire in non-Federal election years. nonprofit corporation to be known as the ‘‘(5) MEF.—The term ‘MEF’ means the (II) STAGGERED TERMS.—With respect to modified energy factor established by the ‘‘Digital Opportunity Investment Trust’’ (re- the initial members of the Board— Department of Energy for compliance with ferred to in this Act as the ‘‘Trust’’) which (aa) 3 members shall serve for a term of 6 the Federal energy conservation standards. shall not be an agency or establishment of years; the United States Government. The Trust ‘‘(6) EF.—The term ‘EF’ means the energy (bb) 3 members shall serve for a term of 4 factor established by the Department of En- shall be subject to the provisions of this sec- years; and ergy for compliance with the Federal energy tion, and, to the extent consistent with this (cc) 3 members shall serve for a term of 2 conservation standards. section, to the District of Columbia Non- years. profit Corporation Act (D.C. Code, section ‘‘(7) WF.—The term ‘WF’ means Water Fac- (iii) VACANCIES.—A vacancy in the mem- tor (as determined by the Secretary of En- 29–501 et seq.). bership of the Board shall not affect the ergy). (b) FUNDING.— Board’s powers, and shall be filled in the (1) IN GENERAL.—There is established in the ‘‘(8) PRODUCED.—The term ‘produced’ in- same manner as the original member was ap- cludes manufactured. Treasury a separate fund to be known as the pointed. ‘‘Digital Opportunity Investment Trust ‘‘(9) 2001 ENERGY CONSERVATION STAND- (E) CHAIR AND VICE-CHAIR.— Fund’’ (referred to in this Act as the ‘‘Trust ARD.—The term ‘2001 energy conservation (i) SELECTION.—The Board shall select, standard’ means the energy conservation Fund’’). The Trust Fund shall contain such from among the members of the Board, an standards promulgated by the Department of amounts as are transferred to the Trust individual to serve for a 2-year term as Chair Energy and effective July 1, 2001. Fund under paragraph (2) and any interest of the Board and an individual to serve for a ‘‘(g) SPECIAL RULES.—For purposes of this earned on the investment of amounts in the 2-year term as vice-Chair of the Board. section— Trust Fund under section 4. (ii) CONSECUTIVE TERMS.—An individual ‘‘(1) IN GENERAL.—Rules similar to the (2) TRANSFER OF FUNDS.—The Secretary of may not serve for more than 2 consecutive rules of subsections (c), (d), and (e) of section the Treasury shall in each fiscal quarter terms as Chair of the Board. 52 shall apply. through the last quarter of fiscal year 2028, (F) MEETINGS.— ‘‘(2) CONTROLLED GROUP.— transfer from the General Fund of the Treas- (i) FIRST MEETING.—Not later than 30 days ‘‘(A) IN GENERAL.—All persons treated as a ury to the Trust Fund, an amount equal to 30 after the date on which all of the members of single employer under subsection (a) or (b) of percent of the proceeds received by the Fed- the Board have been confirmed by the Sen- section 52 or subsection (m) or (o) of section eral Government during the preceding fiscal ate, the Chair of the Board shall call the 414 shall be treated as a single producer. quarter from any use (including any auction, first meeting of the Board. ‘‘(B) INCLUSION OF FOREIGN CORPORATIONS.— sale, fee derived from, or other revenue gen- (ii) QUORUM.—A majority of the members For purposes of subparagraph (A), in apply- erated from) of the electromagnetic spec- of the Board shall constitute a quorum, but ing subsections (a) and (b) of section 52 to trum conducted under section 309 (or any a lesser number of members may hold hear- this section, section 1563 shall be applied other section) of the Communications Act of ings. without regard to subsection (b)(2)(C) there- 1934 (47 U.S.C. 309 (j)) (or any other provision (G) BOARD PERSONNEL MATTERS.— of. of Federal law) after September 30, 2007. (i) COMPENSATION.—Members of the Board ‘‘(3) VERIFICATION.—No amount shall be al- (c) BOARD OF DIRECTORS; FUNCTIONS, AND shall not receive compensation, allowances, lowed as a credit under subsection (a) with DUTIES.— or benefits by reason of the members’ service respect to which the taxpayer has not sub- (1) BOARD.— on the Board. mitted such information or certification as (A) IN GENERAL.—A board of directors of (ii) TRAVEL EXPENSES.—The members of the Secretary, in consultation with the Sec- the Trust (referred to in this Act as the the Board shall be allowed travel expenses, retary of Energy, determines necessary.’’. ‘‘Board’’) shall be established to oversee the including per diem in lieu of subsistence, at (b) CONFORMING AMENDMENT.—Section 38(b) administration of the Trust. Such Board rates authorized for employees of agencies of the Internal Revenue Code of 1986 (relat- shall consist of 9 members to be appointed by under subchapter I of chapter 57 of title 5, ing to general business credit) is amended by the President, by and with the advice and United States Code, while away from their striking ‘‘plus’’ at the end of paragraph (18), consent of the Senate, who— homes or regular places of business in the by striking the period at the end of para- (i) reflect representation from the public performance of services for the Board. graph (19) and inserting ‘‘, plus’’, and by add- and private sectors; (H) SOLICITATION OF ADVICE.—The Board ing at the end the following new paragraph: (ii) are not regular full-time employees of from time to time may solicit advice from— ‘‘(20) the energy efficient appliance credit the Federal Government; (i) the Secretary of Health and Human determined under section 45J(a).’’. (iii) are eminent in such fields as tele- Services; (c) CLERICAL AMENDMENT.—The table of communications including public television, (ii) the Secretary of Commerce; sections for subpart D of part IV of sub- information technology, labor and workforce (iii) the Secretary of Education; chapter A of chapter 1 of the Internal Rev- development, education, cultural and civic (iv) the Secretary of Agriculture; enue Code of 1986 is amended by adding at affairs, or the arts and humanities; (v) the Secretary of Defense; the end the following new item: (iv) shall provide, as nearly as practicable, (vi) the Secretary of Energy; ‘‘Sec. 45J. Energy efficient appliance a broad representation of various regions of (vii) the Secretary of Homeland Security; credit’’. the United States, various professions and (viii) the Secretary of the Interior;

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(ix) the Secretary of Labor; (ii) EXEMPTION.—The Director of the Trust Trust, the Director of the Trust may com- (x) the Administrator of the National Aer- may exempt specific projects from the re- mence such grant or contract activities at onautics and Space Administration; quirement of clause (i) if the Director of the the start of each fiscal year. (xi) the Director of the National Security Trust and a majority of the members of the (2) OBLIGATION OF FUNDS.— Agency; Board determine that the general public will (A) IN GENERAL.—Except as provided in (xii) the Director of the National Science benefit significantly in the long run due to subparagraph (B), in awarding grants or con- Foundation; the project not being freely and nonexclu- tracts or making other expenditures under (xiii) the Director of the Office of Science sively available to the general public. this Act, the Director of the Trust shall not and Technology Policy; (C) EVALUATION OF PROPOSALS.—To the ex- obligate funds from the Trust that exceed (xiv) the Director of the National Endow- tent practicable, proposals for such con- the proceeds received from the investment of ment for the Arts; tracts or grants shall be evaluated on the the funds in the Trust Fund during the pre- (xv) the Director of the National Endow- basis of comparative merit by panels of ex- ceding fiscal year. ment for the Humanities; perts who represent diverse interests and (B) CARRY OVER.—Funds from the Trust (xvi) the Director of the Institute of Mu- perspectives, and who are appointed by the Fund that are available for obligation for a seum and Library Services; Director of the Trust from recommendations fiscal year that are not obligated for such (xvii) the Librarian of Congress; and from the fields served and the Board of Di- fiscal year shall remain available for obliga- (xviii) the President and Chief Executive rectors. tion for the succeeding fiscal year. Officer of the Corporation for Public Broad- (3) COOPERATION.—The Director of the SEC. 5. SPECIAL ACCOUNT FOR DISTRIBUTION casting. Trust, after consultation with the Board, TO PUBLIC TELEVISION STATIONS. (2) DIRECTOR.—A majority of the members may cooperate with business, industry, phi- (a) RESERVATION.—An amount equivalent of the Board shall select a Director of the lanthropy, noncommercial education broad- to 21 percent of the interest derived from the Trust who shall serve at the discretion of the cast, television and radio licensees and per- investment proceeds referred to in section Board and shall be responsible for instituting mittees, and local and national public serv- 2(b)(2) shall be reserved in a special account procedures to carry out the policies and pri- ice institutions, including in activities that within the Trust Fund for distribution on a orities established by the Board, and for hir- seek to enhance the work of such public regular basis to those noncommercial edu- ing all personnel of the Trust. The rate of service institutions by seeking new ways to cational television broadcast stations (as de- compensation of the Director and personnel put telecommunications and information fined in section 397(6) of the Communications shall be fixed by the Board. technologies to work in their areas of inter- Act of 1934 (47 U.S.C. 397(6)) that are quali- (d) TRUST FUND USES.— est. fied to receive grants from the Corporation (1) USES OF FUNDS.—To achieve the objec- SEC. 3. ACCOUNTABILITY AND REPORTING. for Public Broadcasting pursuant to section tives of this Act, the Director of the Trust, (a) REPORT.— 396(k)(6)(B) of such Act (47 U.S.C. after consultation with the Board, may use (1) IN GENERAL.—Not later than April 30 of 396(k)(6)(B)) and to the Public Broadcasting Trust funds— each year, the Director of the Trust shall Service in partnership with such stations. (A) to support the digitization of collec- prepare a report for the preceding fiscal year (b) RESPONSIBILITY FOR DISTRIBUTION.—The tions and other significant holdings of the that contains the information described in Director of the Trust shall— nation’s universities, museums, libraries, paragraph (2). (1) through a special contract, designate public television stations, and other cultural (2) CONTENTS.—A report under paragraph the Corporation for Public Broadcasting as institutions; (1) shall include— the sole agent responsible for the distribu- (B) to support basic and applied research, (A) a comprehensive and detailed report of tion of funds under this section; and including demonstrations of innovative the Trust’s operations, activities, financial (2) transfer the funds referred to in sub- learning and assessment systems as well as condition, and accomplishments, and such section (a) to the Corporation for Public the components and tools needed to create recommendations as the Director of the Broadcasting on a regular basis. them; Trust determines appropriate; and (c) GRANTS.—In making the distribution (C) to use the research results developed (B) a comprehensive and detailed inven- referred to in subsection (a), the Corporation under subparagraph (B) to create prototype tory of funds distributed from the Trust for Public Broadcasting shall utilize a com- applications designed to meet learning objec- Fund during the fiscal year for which the re- petitive grant application process that is tives in a variety of subject areas and de- port is being prepared. governed by criteria that ensures that funds signed for learners with many different edu- (3) STATEMENT OF THE BOARD.—Each report are directed to the creation of locally deliv- cational needs, including— under paragraph (1) shall include a state- ered digital education and learning services (i) strengthening instruction in reading, ment from the Board containing— and ensures that a diversity of licensee types science, mathematics, history, and the arts (A) a clear description of the plans and pri- and geographic service areas are adequately in elementary and secondary schools, com- orities of the Board for the subsequent 5-year served. The Corporation for Public Broad- munity colleges, and other colleges and uni- period for expenditures from the Trust Fund; casting shall develop such criteria in con- versities; and sultation with public television licensees, (ii) providing the training needed for peo- (B) an estimate of the funds that will be permitees, and representatives designated by ple now in the workplace to advance in a available for such expenditures from the their national organizations. constantly changing work environment; and Trust Fund. (iii) developing new applications for life- (4) SUBMISSION TO THE PRESIDENT AND CON- By Ms. LANDRIEU: long learning in non-traditional learning en- GRESS.—A report under this subsection shall S. 1026. A bill to ensure that offshore vironments such as libraries, museums, sen- be submitted to the President and the appro- energy development on the outer Con- ior and community centers, and public tele- priate committees of Congress. tinental Shelf continues to serve the vision and radio; (b) TESTIMONY.—The Chair of the Board, needs of the United States, to create (D) to conduct assessments of legal, regu- other members of the Board, and the Direc- opportunities for new development and tor and principal officers of the Trust shall latory, and other issues that must be re- the use of alternative resources, and solved to ensure rapid development and use testify before the appropriate committees of of advanced learning technologies; and Congress, upon request of such committees, for other purposes; to the Committee (E) to coordinate and disseminate informa- with respect to— on Energy and Natural Resources. tion about initiatives throughout the Fed- (1) a report prepared under subsection Ms. LANDRIEU. Mr. President, today eral Government that focus on uses of tech- (a)(1); and I rise to introduce legislation, The nology in education and learning. (2) any other matter that such committees Stewardship for our Coasts and Oppor- (2) CONTRACTS AND GRANTS.— may determine appropriate. tunities for Reliable Energy Act— (A) IN GENERAL.—In order to carry out the SEC. 4. INVESTMENT OF TRUST FUNDS. SCORE Act—which will ensure that activities described in paragraph (1), the Di- (a) IN GENERAL.—The Secretary of the offshore energy development on the rector of the Trust, with the agreement of a Treasury, after consultation with the Board, majority of the members of the Board, may shall invest the funds of the Trust Fund in Outer Continental Shelf—OCS—con- award contracts and grants to nonprofit pub- interest-bearing obligations of the United tinues to serve our nation’s needs, cre- lic institutions (with or without private States or in obligations guaranteed as to ate opportunities for new development partners) and for-profit organizations and in- both principal and interest by the United on the OCS as well as the use of alter- dividuals. States. native resources such as renewable en- (B) PUBLIC DOMAIN.— (b) EXPENDITURES.— ergy. (i) IN GENERAL.—The research and develop- (1) IN GENERAL.—The Director of the Trust Since the energy frontier of the OCS ment properties and materials associated shall not undertake grant or contract activi- was officially opened to significant oil with a project in which a majority of the ties under this Act until the Trust has re- funding used to carry out the project is from ceived the interest or other proceeds from and gas exploration in 1953, no single a grant or contract under this Act shall be the investment of the Trust Funds for not region has contributed nearly as much freely and nonexclusively available to the less than 1 year’s duration. Thereafter, upon to our Nation’s energy production. general public. Board approval of the annual budget of the Today, the OCS represents more than

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00151 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.090 S12PT1 S5158 CONGRESSIONAL RECORD — SENATE May 12, 2005 25 percent of our Nation’s natural gas serves as the platform which enables Finally, SCORE would provide the production and more than 30 percent of the Federal Government to support a opportunity for innovative, alternative our domestic oil production and it is basic element of our daily lives—turn- uses of the OCS, including renewable estimated that 60 percent of the oil and ing on our lights, heating our homes energy projects such as wind, wave and natural gas still to be discovered in and running our commuter trains. In solar. A portion of revenues from this U.S. will come from the OCS. light of the OCS’ vital contribution to production would be shared with the An average of more than $5 billion in our Nation’s energy needs, economy State off whose coastline the produc- revenues from oil and gas production and national security, it seems only tion took place. are returned to the federal treasury fair and logical that we should return a Next week the Senate Energy and each year from the OCS—$145 billion portion of these revenues to the few Natural Resources Committee, under since production began. That is the states that are providing this crucial the leadership of Chairman DOMENICI second biggest contributor of revenue supply of energy. and Senator BINGAMAN, will begin to the Federal Treasury after income The SCORE Act would automatically marking up comprehensive energy leg- taxes. distribute a significant portion of OCS islation. I am hopeful that some as- But just as the Western frontier once revenues to the five coastal producing pects of the proposal I have laid out represented a great unknown to our States without moratoria off their today will be included as part of the Nation’s policymakers, the impact and coasts Alaska, Texas, Louisiana, Mis- bill reported out of committee. I look reality of the OCS seems lost in a time sissippi and Alabama based on each forward to working with my colleagues warp. While much of the OCS has been state’s production, with 35 percent of on the Committee over the next few off limits for decades, technological ad- each State’s allocation directed to weeks to further discuss these concepts vancements have developed in that coastal counties and parishes. and make them a reality. time to better target the resources and When Hurricane Ivan struck back in Quite simply, SCORE allows our dramatically reduce the environmental September of last year, it should have country to continue to utilize the tre- footprint. These innovations will con- been a wake up call to us all. Although mendous and vital natural resources of the storm did not hit Louisiana di- tinue to allow crucial exploration and the OCS while also providing us the op- rectly, its impact on the price and sup- production to take place but in an en- portunity to further explore the unlim- ply of oil and gas in this country could vironmentally responsible way. For ex- ited potential of this vast frontier. It is still be felt four months later. One can ample, we have produced three times as time to base our decisions on modern only imagine what the impact would many resources on the OCS as we successes rather than out-dated wor- have been had Ivan cut a more Western thought existed 30 years ago. ries. In fact, the Minerals Management path in the Gulf. How many more hur- Service—MMS—estimates that from ricane seasons are we going to spend By Mrs. CLINTON (for herself 1985 to 2001, OCS offshore facilities and playing Russian roulette with our oil and Ms. COLLINS): pipelines accounted for only 2 percent and gas supply? S. 1028. A bill to amend title 10, Returning a portion of OCS revenues of the oil released into U.S. waters. In United States Code, to enhance the to coastal producing states is crucial fact, 97 percent of OCS spills are one protection of members of the Armed to restoring and preserving the vital barrel or less in volume. Serving Amer- Forces and their spouses from unscru- wetlands and the billions in energy in- pulous financial services sales prac- ica’s energy needs and being good stew- vestments they protect. It will also ards of the environment need not be tices through increased consumer edu- help further strengthen our national cation, and for other purposes, to the mutually exclusive goals. economic security by maintaining our However, despite our technological Committee on Armed Services. current energy supply and continuing prowess and responsible exploration, Mrs. CLINTON. Mr. President, today to provide the platform for us to go I am introducing the Military Per- we have yet to fully realize the poten- further in our quest to develop domes- sonnel Financial Services Education tial the OCS has to offer. Today only tic resources while attempting to re- Act of 2005. Senator COLLINS, my col- 2.5 percent of the 1.76 billion acres that duce our reliance on foreign energy league on the Armed Services Com- make up the OCS are leased. Most of supplies. the Pacific Coast and the eastern Gulf In addition to ensuring that the vital mittee, has agreed to cosponsor this of Mexico are off limits as is the entire offshore energy development that has legislation. This bill will directly ad- Atlantic seaboard. served our Nation’s needs for 50 years dress a problem that has plagued mili- Almost all of the area on the OCS can continue, the SCORE Act also tary servicemen and women for years: that is currently leased is in the Cen- seeks to establish opportunities for a lack of general knowledge about the tral and Western Gulf of Mexico, off new development on the OCS. insurance and other financial services the coasts of Louisiana and Texas, The legislation would direct the Sec- available to them. This deficiency in where 98 percent of total OCS produc- retary of Interior to establish seaward information has led to many of our tion occurs. However, we cannot con- lateral boundaries for all coastal brave men and women in uniform being tinue to take without giving something States by regulation. Coastal States taken advantage of by unscrupulous back in return. A significant portion of with a moratoria currently in place off companies that have targeted and OCS revenues must be returned to the their coasts would have the option, preyed on junior members of our mili- coastal producing states off whose through their Governor with the con- tary. coasts they are generated. sent of the State legislature, to explore Last year, a series of articles in the The Mineral Leasing Act of 1920 the possibility of offshore energy devel- New York Times uncovered a serious shares automatically with states 50 opment off their coasts. problem: there were a number of com- percent of revenues from mineral pro- These coastal States could petition panies using misleading sales practices duction on Federal lands within that the Secretary of Interior for a resource to sell expensive life insurance policies State’s boundaries. These funds are dis- assessment of energy sources located to Iraq-bound recruits and other uni- tributed to States automatically, out- within their seaward lateral bound- formed personnel. These articles led to side the budget process and not subject aries. With these assessments in hand, investigations by the Department of to appropriations. In fiscal year 2004, the State legislature of the State could Justice, reports by the GAO, and legis- the State of Wyoming received $564 request that any or all of the area lation by Congress. Earlier this year, I million as a result of this law and the within their boundaries, but only be- joined with Senator ENZI to introduce State of New Mexico received $365 mil- yond 20 miles from their coastline, be the Military Personnel Financial Serv- lion. However, there is no similar pro- made available for leasing. If the Sec- ices Protection Act. That legislation vision in law for coastal producing retary permits leasing within the re- goes a long way toward tracking un- states to share federal oil and gas reve- questing State’s boundary, the State scrupulous companies, and eliminating nues generated on the OCS. qualifies to receive a portion of reve- investment schemes which take advan- For both onshore and offshore pro- nues generated from any production tage of our men and women in uniform. duction, the justification for sharing that takes place within their seaward But we also need to address our more with the state is the same: the state lateral boundary. fundamental responsibilities to our

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00152 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.115 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5159 servicemen and women, and their fami- S. 1028 providing counseling on financial services lies, to ensure that we provide them Be it enacted by the Senate and House of Rep- under paragraph (2)(B), shall be an individual with adequate financial education so resentatives of the United States of America in who, by reason of education, training, or ex- that they can make informed decisions Congress assembled, perience, is qualified to provide helpful coun- seling to members of the armed forces and about their future. SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Military their spouses on financial services and mar- This bill will require the Department keting practices described in subsection of Defense to provide consumer edu- Personnel Financial Services Education Act of 2005’’. (a)(1). Such individual may be a member of cation for members of the armed forces the armed forces or an employee of the Fed- SEC. 2. CONSUMER EDUCATION FOR MEMBERS and their spouses. It instructs the Sec- OF THE ARMED FORCES AND THEIR eral Government. retary of Defense to carry out a com- SPOUSES ON INSURANCE AND ‘‘(4) The Secretary concerned shall take prehensive education program for mili- OTHER FINANCIAL SERVICES. such action as is necessary to ensure that tary members regarding public and pri- (a) EDUCATION AND COUNSELING REQUIRE- each financial services counselor under para- graph (2)(A), and each individual providing vate financial services, including life MENTS.— (1) IN GENERAL.—Chapter 50 of title 10, counseling on financial services under para- insurance and the marketing practices United States Code, is amended by adding at graph (2)(B), is free from conflicts of interest of these services, available to them. the end the following new section: relevant to the performance of duty under this section and, in the performance of that This education will be institutionalized ‘‘§ 992. Consumer education: financial serv- duty, is dedicated to furnishing members of in the initial and recurring training for ices the armed forces and their spouses with help- members of the military. ‘‘(a) REQUIREMENT FOR CONSUMER EDU- This bill also requires that coun- ful information and counseling on financial CATION PROGRAM FOR MEMBERS.—(1) The Sec- services and related marketing practices. seling services on these issues be made retary concerned shall carry out a program ‘‘(5) The Secretary concerned may author- available, upon request, to members to provide comprehensive education to mem- ize financial services counseling to be pro- and their spouses. I think it is very im- bers of the armed forces under the jurisdic- vided to members of a unit of the armed portant to include the spouses in this tion of the Secretary on— forces by unit personnel under the guidance program, because we all know that in- ‘‘(A) financial services that are available and with the assistance of a financial serv- vestment decisions should be made as a under law to members; ices counselor under paragraph (2)(A) or an ‘‘(B) financial services that are routinely individual providing counseling on financial family. Too many times, a military offered by private sector sources to mem- spouse has to make these decisions services under paragraph (2)(B), as applica- bers; ble. alone, while their husband or wife is ‘‘(C) practices relating to the marketing of ‘‘(c) LIFE INSURANCE.—(1) In counseling a deployed. This bill will require a per- private sector financial services to members; member of the armed forces, or spouse of a manent, trained counselor at military ‘‘(D) such other matters relating to finan- member of the armed forces, under this sec- bases with at least 750 assigned per- cial services available to members, and the tion regarding life insurance offered by a pri- sonnel, and a part-time, equally capa- marketing of financial services to members, vate sector source, a financial services coun- ble counselor available at smaller as the Secretary considers appropriate; and selor under subsection (b)(2)(A), or an indi- ‘‘(E) such other financial practices as the vidual providing counseling on financial bases with less than 750. By our cal- Secretary considers appropriate. culations, this means about 230 instal- services under subsection (b)(2)(B), shall fur- ‘‘(2) Training under this subsection shall be nish the member or spouse, as the case may lations will have full-time counselors. provided to members as— be, with information on the availability of Finally, regarding life insurance, this ‘‘(A) a component of the members’ initial Servicemembers’ Group Life Insurance under bill will take existing legislation and entry training; subchapter III of chapter 19 of title 38, in- DoD policy one more step in the mili- ‘‘(B) a component of each level of the mem- cluding information on the amounts of cov- tary member’s favor. During coun- bers’ professional development training that erage available and the procedures for elect- seling of members or spouses regarding is required for promotion; and ing coverage and the amount of coverage. ‘‘(C) a component of periodically recurring life insurance, counselors must include ‘‘(2)(A) A covered member of the armed required training that is provided for the forces may not authorize payment to be information on the availability of members at military installations. made for private sector life insurance by Servicemembers’ Group Life Insur- ‘‘(3) The training provided at a military in- means of an allotment of pay to which the ance—SGLI—as well as other available stallation under paragraph (2)(C) shall in- member is entitled under chapter 3 of title 37 products. It requires that any enlisted clude information on any financial services unless the authorization of allotment is ac- member in the grades of E1–E4 must marketing practices that are particularly companied by a written certification by a provide confirmation that they have prevalent at that military installation and commander of the member, or by a financial received counseling from their ap- in the vicinity. services counselor referred to in subsection ‘‘(b) COUNSELING FOR MEMBERS AND proved counselor or commander before (b)(2)(A) or an individual providing coun- SPOUSES.—(1) The Secretary concerned shall seling on financial services under subsection entering into any new contract with a provide counseling on financial services to (b)(2)(B), as applicable, that the member has private sector life insurer. Our legisla- each member of the armed forces under the received counseling under paragraph (1) re- tion will keep the current rule of a 7 jurisdiction of the Secretary. garding the purchase of coverage under that day waiting period for allotments to ‘‘(2) The Secretary concerned shall, upon private sector life insurance. take effect to facilitate time for coun- request, provide counseling on financial ‘‘(B) Subject to subparagraph (C), a written seling. Existing policies will not be im- services to the spouse of any member of the certification described in subparagraph (A) armed forces under the jurisdiction of the may not be made with respect to a member’s pacted by our legislation. Secretary. I am pleased to be working on this authorization of allotment as described in ‘‘(2) The Secretary concerned shall provide subparagraph (A) until 7 days after the date issue with Senator COLLINS, my col- counseling on financial services under this of the member’s authorization of allotment league on the Armed Services Com- subsection as follows: in order to facilitate the provision of coun- mittee, who has taken such a strong ‘‘(A) In the case of members, and the seling to the member under paragraph (1). interest in ensuring proper financial spouses of members, assigned to a military ‘‘(C) The commander of a member may education for our servicemembers. installation to which at least 750 members of waive the applicability of subparagraph (B) In closing, I want to reiterate the im- the armed forces are assigned, through a to a member for good cause, including the portance of this bill to military fami- full-time financial services counselor at such member’s imminent change of station. installation. lies. If implemented, this legislation ‘‘(D) In this paragraph, the term ‘covered ‘‘(B) In the case of members, and the member of the armed forces’ means a mem- will ensure our military families are spouses of members, assigned to a military ber of the armed forces in grades E–1 through fully equipped to make informed deci- installation other than an installation de- E–4. sions that will best meet their finan- scribed in subparagraph (A), through such ‘‘(d) FINANCIAL SERVICES DEFINED.—In this cial and insurance needs. In my view, mechanisms as the Secretary considers ap- section, the term ‘financial services’ in- this is a provision long overdue. Thank propriate, including through the provision of cludes the following: you. counseling by a member of the armed forces ‘‘(1) Life insurance, casualty insurance, I ask unanimous consent that the in grade E–7 or above, or a civilian, at such and other insurance. ‘‘(2) Investments in securities or financial text of the bill be printed in the installation who provides such counseling as a part of the other duties performed by such instruments.’’. RECORD. member or civilian, as the case may be, at (2) CLERICAL AMENDMENT.—The table of There being no objection, the bill was such installation. sections at the beginning of such chapter is ordered to be printed in the RECORD, as ‘‘(3) Each financial services counselor amended by adding at the end the following follows: under paragraph (2)(A), and each individual new item:

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00153 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.114 S12PT1 S5160 CONGRESSIONAL RECORD — SENATE May 12, 2005 ‘‘992. Consumer education: financial serv- These provisions reflect the problems the Advisory Committee on Student ices.’’. and deficiencies identified by DoD’s Financial Assistance have shown, (b) CONTINUING EFFECT OF EXISTING ALLOT- own report. Specifically, the report many more cannot afford the cost of MENTS FOR LIFE INSURANCE.—Subsection concluded that DoD’s current personal college at all. (c)(2) of section 992 of title 10, United States financial education programs were in- Even though there have been gains Code (as added by subsection (a)), shall not affect any allotment of pay authorized by a adequate, noting particularly that the due to the Higher Education Act, the member of the Armed Forces before the ef- education provided enlisted personnel current approach to student aid is not fective date of such section. was ‘‘substantially less than that pro- working to close the gap in college at- (c) EFFECTIVE DATE.—The amendments vided to junior officers.’’ It is our belief tendance between our lowest and high- made by this section shall take effect on the that providing military personnel with est income students or the gap between first day of the first month that begins more a sound financial education and access the aid low-income students receive than 120 days after the date of the enactment and the actual cost of attendance. In- of this Act. to information is the best method of providing them and their families with deed, about seven times as many stu- Ms. COLLINS. Mr. President, I am the protection that they deserve. dents from high-income families grad- pleased to join with Senator CLINTON While that report went much further uate from college by age 24 as students on legislation that will address the per- in its recommendations, even recom- from low-income families. Low-income, sistent problems that we have experi- mending that such sales be barred, our college-qualified high school graduates enced with the sale of inappropriate legislation provides for more moderate have an annual ‘‘unmet need’’ of $4,000 life insurance and investment products measures in the hope that we can make and rising in college expenses. to our servicemen and women. Al- A decline in real dollars spent on though these issues were newly pub- real progress on this matter without grants and sharp increases in the cost licized last year in a series of articles resorting to extreme measures that of college have been key causal factors in the New York Times, these problems would unfairly punish the countless of this unfortunate situation. Indeed, actually go back for decades according ethical insurance agents who respon- there has been a steep decline in the to a 2002 Defense Department report. sibly serve the military life insurance According to that report, deceptive market. Instead, our legislation would purchasing power of the Pell Grant, practices have been employed to sell give our troops the tools to protect which was established by my prede- unnecessary and inappropriate finan- themselves against those who engage cessor, Senator Claiborne Pell, to en- cial products to our military for more in these abusive and deceptive sales sure higher education was not an than thirty years. Furthermore, these practices. ‘‘unachievable dream.’’ According to sales have been in violation of DoD’s the State PIRGs’ Higher Education policies aimed at regulating the sale of By Mr. REED (for himself, Ms. Project, the maximum Pell Grant cov- commercial products on military COLLINS, Mr. KENNEDY, and ered 84 percent of average four-year bases. Mrs. MURRAY): public tuition costs in 1976. Today, the One of the report’s most alarming S. 1029. A bill to amend the Higher maximum Pell Grant of $4,050 covers findings is that these practices have a Education Act of 1965 to expand college only about 39 percent. ‘‘clear and present’’ effect on morale, access and increase college persistence, Over the last 10 years, tuition and discipline and unit integrity. It states: and for other purposes; to the Com- fees at public and private 4-year col- Service members who have been coerced or mittee on Health, Education, Labor, leges rose 51 percent and 36 percent, re- deceived into buying insurance on a military and Pensions. spectively, (after adjusting for infla- installation blame not only the sales agents. tion), which is a more rapid growth The victims blame their military superiors By Mr. REED (for himself, Ms. rate than consumer prices. Students for placing them in a position to be misled. COLLINS, Mr. KENNEDY, and have felt the bite as states have dras- The trust and respect that military leaders Mrs. MURRAY): tically cut funding for public colleges. seek to instill in their subordinates are S. 1030. A bill to amend the Higher In 2008, the largest number of stu- clearly reduced among those who have Education Act of 1965 to simplify and dents in our history will graduate from bought insurance that is of little or no value improve the process of applying for to them. This adversely affects the unit in- high school. Another demographic re- tegrity. student assistance, and for other pur- ality is that our nation will need to en- The author of this study, an Army poses; to the Committee on Health, sure a steady stream of replacement General and lawyer, spoke to numerous Education, Labor, and Pensions. workers as college-educated baby victims of these deceptive sales prac- Mr. REED. Mr. President, today I in- boomers begin to retire in increasing tices. He stated in his report that these troduce two bills to expand access to numbers. soldiers told him that they had less college. I am pleased to be joined in This crisis calls out for action. An trust in their military superiors after this effort by Senators COLLINS, KEN- educated citizenry and a world class these incidents. They also expressed a NEDY, and MURRAY. workforce should be a national impera- reduced interest in reenlisting. We are slated to reauthorize the tive. Our nation cannot afford to lose With so many of our troops in harm’s Higher Education Act this Congress, out on the countless returns from a ro- way, it is time for Congress to take de- after being unable to do so in the 108th bust education investment. cisive action on this matter. Although Congress. Over the course of this time, Today we introduce two bills to ex- DoD has issued another set of draft the discussions on higher education pand college access. regulations, it is barred by statute have not focused on proposals that The first bill, the ACCESS—Access- from implementing these reforms until would help the neediest students at- ing College through Comprehensive this fall. Moreover, I am not convinced tend college. This is troubling, particu- Early Outreach and State Partner- that merely tightening the regulation larly as more and more students are ships—Act, focuses on a program I have of such sales on base will have the de- being priced out of college, which long worked with Senator COLLINS and sired outcome of significantly reducing shortchanges their future and that of the other cosponsors to save, reinvigo- the sale of inappropriate insurance our Nation. rate, and fund the Leveraging Edu- products. An individual’s climb up the eco- cational Assistance Partnership or The Clinton-Collins legislation nomic ladder is directly related to the LEAP program. LEAP is the only pro- would: establish a requirement that amount of education he or she receives. gram in which the federal and state DoD provide real financial education Given the strong correlation among governments are partners in extending for service members and their spouses; educational attainment, employment, higher education opportunities to fi- provide for financial counselors at and wages, the cost of not going to col- nancially needy students. military bases; and require that junior lege is just too high. The ACCESS Act forges a new Fed- enlisted personnel receive information And yet, too many college students eral incentive for States to do even on their federally provided life insur- are underprepared, underfinanced, and more to help low-income students by ance before allotting part of their pay overworked. Those who make it creating within LEAP an access and toward the purchase of private life in- through are saddled by huge loans. But persistence partnership program. surance products. as reports such as Empty Promises by States will be rewarded—via higher

VerDate Aug 04 2004 05:51 May 13, 2005 Jkt 039060 PO 00000 Frm 00154 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.097 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5161 levels of federal matching dollars—for these forms means to students is crit- ‘‘(B) funded by the Federal Government creating vibrant partnerships with col- ical, particularly given the American and the State.’’. leges, early intervention and men- Council on Education’s findings that (c) GRANTS FOR ACCESS AND PERSISTENCE.— Section 415E of the Higher Education Act of toring programs, foundations, and busi- one of every five dependent low-income 1965 (20 U.S.C. 1070c–3a) is amended to read as nesses and providing cohesion and co- students and one of every four inde- follows: ordination among these entities. Ac- pendent low-income students failed to ‘‘SEC. 415E. GRANTS FOR ACCESS AND PERSIST- cess and persistence partnerships have take advantage of financial aid pro- ENCE. three main goals: to provide low-in- grams because they did not submit a ‘‘(a) PURPOSE.—It is the purpose of this come students with a grant that fills FAFSA. section to expand college access and increase the gap of their unmet need; to in- The FAFSA Act also expands college college persistence by making allotments to States to enable the States to— crease participation of low-income stu- access for low-income students, in part ‘‘(1) expand and enhance partnerships with dents in early information, interven- by simplifying the application process institutions of higher education, early infor- tion, mentoring, and outreach pro- for students with special cir- mation and intervention, mentoring, or out- grams; and to provide early notifica- cumstances, including students in fos- reach programs, private corporations, phil- tion to low-income students of their ter care and emancipated youth; ensur- anthropic organizations, and other inter- eligibility for financial aid. Research ing the equitable treatment of prepaid ested parties to carry out activities under has shown that successful college ac- tuition and college savings plans; and this section and to provide coordination and cess programs are those that offer cohesion among Federal, State, and local reducing the work penalty. The current governmental and private efforts that pro- early intervention and mentoring serv- income protection allowance levels are vide financial assistance to help low-income ices coupled with early information unrealistically low, creating a dis- students attend college; about estimated financial aid awards incentive for students to work in order ‘‘(2) provide need-based access and persist- and adequate grant funding to make to pay college costs. ence grants to eligible low-income students; the dream of higher education a re- We must act on these bills and others ‘‘(3) provide early notification to low-in- ality. Students participating in such to make sure that every student who come students of their eligibility for finan- programs are more financially and aca- works hard and plays by the rules gets cial aid; and demically prepared, and thus more ‘‘(4) encourage increased participation in the opportunity to live the American early information and intervention, men- likely to enroll in college and persist Dream. toring, or outreach programs. to degree completion. I was pleased to work with the Advi- ‘‘(b) ALLOTMENTS TO STATES.— The second bill we introduce today, sory Committee on Student Financial ‘‘(1) IN GENERAL.— the FAFSA—Financial Aid Form Sim- Assistance and a host of other higher ‘‘(A) AUTHORIZATION.—From sums reserved plification and Access Act—has several education organizations and charitable under section 415A(b)(2) for each fiscal year, key components designed to make the foundations on these bills. the Secretary shall make an allotment to college application process both simple each State that submits an application for I urge my colleagues to cosponsor an allotment in accordance with subsection and certain. As the advisory commit- these bills and work for their inclusion (c) to enable the State to pay the Federal tee’s recent report, The Student Aid in the upcoming reauthorization of the share of the cost of carrying out the activi- Gauntlet, has shown, students today Higher Education Act. ties under subsection (d). confront an overly burdensome and Mr. President, I ask unanimous con- ‘‘(B) DETERMINATION OF ALLOTMENT.—In complex financial aid application proc- sent that the text of these bills be making allotments under subparagraph (A), ess. Our legislation would simplify this printed in the RECORD. the Secretary shall consider the following: process by allowing more students to There being no objection, the bills ‘‘(i) CONTINUATION OF AWARD.—If a State qualify for an Automatic-Zero—auto- were ordered to be printed in the continues to meet the specifications estab- lished in its application under subsection (c), RECORD, as follows: zero—Expected Family Contribution by the Secretary shall make an allotment to aligning its eligibility with the stand- S. 1029 such State that is not less than the allot- ards of other federal means-tested pro- Be it enacted by the Senate and House of Rep- ment made to such State for the previous fis- grams, like free school lunch, SSI, and resentatives of the United States of America in cal year. Food Stamps. Students and families Congress assembled, ‘‘(ii) PRIORITY.—The Secretary shall give should not have to prove over and over SECTION 1. SHORT TITLE. priority in making allotments to States that again that they are low-income, and This Act may be cited as the ‘‘Accessing meet the requirements under paragraph asking students to fill out lengthy College through Comprehensive Early Out- (2)(B)(ii). reach and State Partnerships Act’’. ‘‘(2) FEDERAL SHARE.— forms when they already meet the eli- SEC. 2. GRANTS FOR ACCESS AND PERSISTENCE. ‘‘(A) IN GENERAL.—The Federal share of the gibility level for Pell Grants is a bur- (a) AUTHORIZATION OF APPROPRIATIONS.— cost of carrying out the activities under sub- den we should ease. Section 415A(b) of the Higher Education Act section (d) for any fiscal year may not ex- In a similar vein, the legislation es- of 1965 (20 U.S.C. 1070c(b)) is amended by ceed 66.66 percent. tablishes a short, paper EZ-FAFSA ap- striking paragraphs (1) and (2) and inserting ‘‘(B) DIFFERENT PERCENTAGES.—The Fed- plication form for students qualifying the following: eral share under this section shall be deter- for the auto-zero; phases out the print- ‘‘(1) IN GENERAL.—There are authorized to mined in accordance with the following: ing of the long paper form and utilizes be appropriated to carry out this subpart ‘‘(i) If a State applies for an allotment the savings to bridge the digital divide $500,000,000 for fiscal year 2006, and such sums under this section in partnership with any as may be necessary for each of the 5 suc- number of degree granting institutions of for students without web access; re- ceeding fiscal years. higher education in the State whose com- quires the utilization of smart tech- ‘‘(2) RESERVATION.—For any fiscal year for bined full-time enrollment represents less nology to create a tailored web-based which the amount appropriated under para- than a majority of all students attending in- application form that ensures students graph (1) exceeds $30,000,000, the excess stitutions of higher education in the State, answer only the questions needed to amount shall be available to carry out sec- and philanthropic organizations that are lo- determine financial aid eligibility in tion 415E.’’. cated in, or that provide funding in, the the State in which they reside; and cre- (b) APPLICATIONS FOR LEVERAGING EDU- State or private corporations that are lo- ates a free telefile system for students CATIONAL ASSISTANCE PARTNERSHIP PRO- cated in, or that do business in, the State, GRAMS.—Section 415C(b) of the Higher Edu- then the Federal share of the cost of car- without Internet access. Additionally, cation Act of 1965 (20 U.S.C. 1070c–2(b)) is rying out the activities under subsection (d) the FAFSA Act requires the Secretary, amended— shall be equal to 57 percent. in cooperation with states and colleges, (1) in paragraph (2), by striking ‘‘$5,000’’ ‘‘(ii) If a State applies for an allotment to develop a system for students to get and inserting ‘‘$12,500’’; under this section in partnership with any early estimates of aid from multiple (2) in paragraph (9), by striking ‘‘and’’ number of degree granting institutions of sources, learn if they qualify to fill out after the semicolon; higher education in the State whose com- an EZ FAFSA, and notify those par- (3) in paragraph (10), by striking the period bined full-time enrollment represents a ma- ticipating in Federal means-tested pro- at the end and inserting ‘‘; and’’; and jority of all students attending institutions (4) by adding at the end the following: of higher education in the State, philan- grams of their potential eligibility for ‘‘(11) provides notification to eligible stu- thropic organizations that are located in, or a maximum Pell Grant. Simplified dents that such grants are— that provide funding in, the State, and pri- forms and an early information system ‘‘(A) Leveraging Educational Assistance vate corporations that are located in, or that providing details on what filling out Partnership Grants; and do business in, the State, then the Federal

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00155 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.113 S12PT1 S5162 CONGRESSIONAL RECORD — SENATE May 12, 2005 share of the cost of carrying out the activi- ‘‘(i) shall— income students with grants that are equal ties under subsection (d) shall be equal to ‘‘(I) serve as the primary administrative to the average undergraduate tuition and 66.66 percent. unit for the partnership; mandatory fees at 4-year public institutions ‘‘(c) APPLICATION FOR ALLOTMENT.— ‘‘(II) provide or coordinate matching funds, of higher education in the State, may in- ‘‘(1) IN GENERAL.— and coordinate activities among partners; crease the amount of access and persistence ‘‘(A) SUBMISSION.—A State that desires to ‘‘(III) encourage each institution of higher grants awarded by such State up to an receive an allotment under this section shall education in the State to participate in the amount that is equal to the average cost of submit an application to the Secretary at partnership; attendance at 4-year public institutions of such time, in such manner, and containing ‘‘(IV) make determinations and early noti- higher education in the State (less any other such information as the Secretary may re- fications of assistance as described under Federal or State sponsored grant amount, quire. subsection (d)(2); and college work study amount, and scholarship ‘‘(B) CONTENT.—An application submitted ‘‘(V) annually report to the Secretary on amount received by the student). under subparagraph (A) shall include the fol- the partnership’s progress in meeting the ‘‘(ii) PARTNERSHIP WITH INSTITUTIONS SERV- lowing: purpose of this section; and ING THE MAJORITY OF STUDENTS IN THE ‘‘(i) A description of the State’s plan for ‘‘(ii) may provide early information and STATE.—In the case where a State receiving using the allotted funds. intervention, mentoring, or outreach pro- an allotment under this section is in a part- ‘‘(ii) Assurances that the State will provide grams. nership described in subsection (b)(2)(B)(ii), matching funds, from State, institutional, ‘‘(B) DEGREE GRANTING INSTITUTIONS OF the amount of an access and persistence philanthropic, or private funds, of not less HIGHER EDUCATION.—A degree granting insti- grant awarded by such State shall be not than 33.33 percent of the cost of carrying out tution of higher education that is in a part- more than an amount that is equal to the av- the activities under subsection (d). Matching nership receiving an allotment under this erage cost of attendance at 4-year public in- funds from philanthropic organizations used section— stitutions of higher education in the State to provide early information and interven- ‘‘(i) shall— where the student resides (less any other tion, mentoring, or outreach programs may ‘‘(I) recruit and admit participating quali- Federal or State sponsored grant amount, be in cash or in kind. The State shall specify fied students and provide such additional in- college work study amount, and scholarship the methods by which matching funds will be stitutional grant aid to participating stu- paid and include provisions designed to en- dents as agreed to with the State agency; amount received by the student) and such sure that funds provided under this section ‘‘(II) provide support services to students amount shall be used by the student to at- will be used to supplement, and not supplant, who receive an access and persistence grant tend an institution of higher education, lo- Federal and non-Federal funds available for under this section and are enrolled at such cated in the State, that is a partner in the carrying out the activities under this title. A institution; and partnership. State that uses non-Federal funds to create ‘‘(III) assist the State in the identification ‘‘(2) EARLY NOTIFICATION.— or expand existing partnerships with non- of eligible students and the dissemination of ‘‘(A) IN GENERAL.—Each State receiving an profit organizations or community-based or- early notifications of assistance as agreed to allotment under this section shall annually ganizations in which such organizations with the State agency; and notify low-income students, such as students match State funds for student scholarships, ‘‘(ii) may provide funding for early infor- who are eligible to receive a free lunch under may apply such matching funds from such mation and intervention, mentoring, or out- the school lunch program established under organizations toward fulfilling the State’s reach programs or provide such services di- the Richard B. Russell National School matching obligation under this clause. rectly. Lunch Act, in grade 7 through grade 12 in the ‘‘(iii) Assurances that early information ‘‘(C) PROGRAMS.—An early information and State of their potential eligibility for stu- and intervention, mentoring, or outreach intervention, mentoring, or outreach pro- dent financial assistance, including an ac- programs exist within the State or that gram that is in a partnership receiving an al- cess and persistence grant, to attend an in- there is a plan to make such programs wide- lotment under this section shall provide di- stitution of higher education. ly available. rect services, support, and information to ‘‘(B) CONTENT OF NOTICE.—The notification ‘‘(iv) A description of the organizational participating students. under subparagraph (A)— structure that the State has in place to ad- ‘‘(D) PHILANTHROPIC ORGANIZATION OR PRI- ‘‘(i) shall include— minister the activities under subsection (d), VATE CORPORATION.—A philanthropic organi- ‘‘(I) information about early information including a description of the system the zation or private corporation that is in a and intervention, mentoring, or outreach State will use to track the participation of partnership receiving an allotment under programs available to the student; students who receive grants under this sec- this section shall provide funds for access ‘‘(II) information that a student’s can- tion to degree completion. and persistence grants for participating stu- didacy for an access and persistence grant is ‘‘(v) Assurances that the State has a meth- dents, or provide funds or support for early enhanced through participation in an early od in place, such as acceptance of the auto- information and intervention, mentoring, or information and intervention, mentoring, or matic zero expected family contribution de- outreach programs. outreach program; termination described in section 479, to iden- ‘‘(d) AUTHORIZED ACTIVITIES.— ‘‘(III) an explanation that student and fam- tify eligible low-income students and award ‘‘(1) IN GENERAL.— ily eligibility and participation in other Fed- State grant aid to such students. ‘‘(A) ESTABLISHMENT OF PARTNERSHIP.— eral means-tested programs may indicate ‘‘(vi) Assurances that the State will pro- Each State receiving an allotment under this eligibility for an access and persistence vide notification to eligible low-income stu- section shall use the funds to establish a grant and other student aid programs; dents that grants under this section are— partnership to award access and persistence ‘‘(IV) a nonbinding estimation of the total ‘‘(I) Leveraging Educational Assistance grants to eligible low-income students in amount of financial aid a low-income stu- Partnership Grants; and order to increase the amount of financial as- dent with a similar income level may expect ‘‘(II) funded by the Federal Government sistance such students receive under this to receive, including an estimation of the and the State. subpart for undergraduate education ex- amount of an access and persistence grant ‘‘(2) STATE AGENCY.—The State agency that penses. and an estimation of the amount of grants, submits an application for a State under sec- ‘‘(B) AMOUNT.— loans, and all other available types of aid tion 415C(a) shall be the same State agency ‘‘(i) PARTNERSHIPS WITH INSTITUTIONS SERV- from the major Federal and State financial that submits an application under paragraph ING LESS THAN A MAJORITY OF STUDENTS IN aid programs; (1) for such State. THE STATE.— ‘‘(V) an explanation that in order to be eli- ‘‘(3) PARTNERSHIP.—In applying for an al- ‘‘(I) IN GENERAL.—In the case where a State gible for an access and persistence grant, at lotment under this section, the State agency receiving an allotment under this section is a minimum, a student shall meet the re- shall apply for the allotment in partnership in a partnership described in subsection quirement under paragraph (3), graduate with— (b)(2)(B)(i), the amount of an access and per- from secondary school, and enroll at an in- ‘‘(A) not less than 1 public and 1 private de- sistence grant awarded by such State shall stitution of higher education that is a part- gree granting institution of higher education be not less than the amount that is equal to ner in the partnership; that are located in the State; the average undergraduate tuition and man- ‘‘(VI) information on any additional re- ‘‘(B) new or existing early information and datory fees at 4-year public institutions of quirements (such as a student pledge detail- intervention, mentoring, or outreach pro- higher education in the State where the stu- ing student responsibilities) that the State grams located in the State; and dent resides (less any other Federal or State may impose for receipt of an access and per- ‘‘(C) not less than 1— sponsored grant amount, college work study sistence grant under this section; and ‘‘(i) philanthropic organization located in, amount, and scholarship amount received by ‘‘(VII) instructions on how to apply for an or that provides funding in, the State; or the student) and such amount shall be used access and persistence grant and an expla- ‘‘(ii) private corporation located in, or that toward the cost of attendance at an institu- nation that a student is required to file a does business in, the State. tion of higher education, located in the Free Application for Federal Student Aid au- ‘‘(4) ROLES OF PARTNERS.— State, that is a partner in the partnership. thorized under section 483(a) to be eligible ‘‘(A) STATE AGENCY.—A State agency that ‘‘(II) COST OF ATTENDANCE.—A State that for such grant and assistance from other is in a partnership receiving an allotment has a program, apart from the partnership Federal and State financial aid programs; under this section— under this section, of providing eligible low- and

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00156 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.108 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5163 ‘‘(ii) may include a disclaimer that access tion to successfully and efficiently partici- ‘‘(III) 1 of whom is a dislocated worker; or and persistence grant awards are contingent pate in the activities of the partnership. ‘‘(IV) or the student received benefits at upon— ‘‘(g) APPLICABILITY RULE.—The provisions some time during the previous 24-month pe- ‘‘(I) a determination of the student’s finan- of this subpart which are not inconsistent riod under a means-tested Federal benefit cial eligibility at the time of the student’s with this section shall apply to the program program as defined under subsection (d); enrollment at an institution of higher edu- authorized by this section. and’’; and cation that is a partner in the partnership; ‘‘(h) MAINTENANCE OF EFFORT REQUIRE- (ii) by striking subparagraph (B)(i) and in- ‘‘(II) annual Federal and State appropria- MENT.—Each State receiving an allotment serting the following: tions; and under this section for a fiscal year shall pro- ‘‘(i) the student (and the student’s spouse, ‘‘(III) other aid received by the student at vide the Secretary an assurance that the ag- if any)— the time of the student’s enrollment at an gregate amount expended per student or the ‘‘(I) files, or is eligible to file, a form de- institution of higher education that is a aggregate expenditures by the State, from scribed in paragraph (3); partner in the partnership. funds derived from non-Federal sources, for ‘‘(II) certifies that the student (and the ‘‘(3) ELIGIBILITY.—In determining which the authorized activities described in sub- student’s spouse, if any) is not required to students are eligible to receive access and section (d) for the preceding fiscal year were file an income tax return; persistence grants, the State shall ensure not less than the amount expended per stu- ‘‘(III) is a dislocated worker; or that each such student meets not less than 1 dent or the aggregate expenditure by the ‘‘(IV) received benefits at some time dur- of the following: State for the activities for the second pre- ing the previous 24-month period under a ‘‘(A) Meets not less than 2 of the following ceding fiscal year. means-tested Federal benefit program as de- criteria, with priority given to students ‘‘(i) SPECIAL RULE.—Notwithstanding sub- fined under subsection (d); and’’; and meeting all of the following criteria: section (h), for purposes of determining a (B) in paragraph (3), by striking ‘‘A stu- ‘‘(i) Has an expected family contribution State’s share of the cost of the authorized dent or family files a form described in this equal to zero (as described in section 479) or activities described in subsection (d), the subsection, or subsection (c), as the case may a comparable alternative based upon the State shall consider only those expenditures be, if the student or family, respectively, State’s approved criteria in section from non-Federal sources that exceed its files’’ and inserting ‘‘In the case of an inde- 415C(b)(4). total expenditures for need-based grants, pendent student, the student, or in the case ‘‘(ii) Has qualified for a free lunch, or at scholarships, and work-study assistance for of a dependent student, the family, files a the State’s discretion a reduced price lunch, fiscal year 1999 (including any such assist- form described in this subsection, or sub- under the school lunch program established ance provided under this subpart). section (c), as the case may be, if the student under the Richard B. Russell National ‘‘(j) REPORTS.—Not later than 3 years after or family, as appropriate, files’’; School Lunch Act. the date of enactment of the Accessing Col- (2) in subsection (c)— ‘‘(iii) Qualifies for the State’s maximum lege through Comprehensive Early Outreach (A) in paragraph (1)— undergraduate award, as authorized under and State Partnerships Act, and annually (i) by striking subparagraph (A) and insert- section 415C(b). thereafter, the Secretary shall submit a re- ing the following: ‘‘(iv) Is participating in, or has partici- port describing the activities and the impact ‘‘(A) the student’s parents— pated in, a Federal, State, institutional, or of the partnerships under this section to the ‘‘(i) file, or are eligible to file, a form de- community early information and interven- Committee on Health, Education, Labor, and scribed in subsection (b)(3); tion, mentoring, or outreach program, as Pensions of the Senate and the Committee ‘‘(ii) certify that they are not required to recognized by the State agency admin- on Education and the Workforce of the file an income tax return; istering activities under this section. House of Representatives.’’. ‘‘(iii) 1 of whom is a dislocated worker; or ‘‘(B) Is receiving, or has received, an access (d) CONTINUATION AND TRANSITION.—During ‘‘(iv) or the student received benefits at and persistence grant under this section, in the 2-year period commencing on the date of some time during the previous 24-month pe- accordance with paragraph (5). enactment of this Act, the Secretary shall riod under a means-tested Federal benefit ‘‘(4) GRANT AWARD.—Once a student, in- continue to award grants under section 415E program as defined under subsection (d); cluding those who have received early notifi- of the Higher Education Act of 1965 (20 U.S.C. and’’; and cation under paragraph (2) from the State, 1070c–3a), as such section existed on the day (ii) by striking subparagraph (B) and in- applies for admission to an institution that before the date of enactment of this Act, to serting the following: is a partner in the partnership, files a Free States that choose to apply for grants under ‘‘(B) the sum of the adjusted gross income Application for Federal Student Aid and any such predecessor section. of the parents is less than or equal to $25,000; related existing State form, and is deter- (e) IMPLEMENTATION AND EVALUATION.— or’’; mined eligible by the State under paragraph Section 491(j) of the Higher Education Act of (B) in paragraph (2)— (3), the State shall— 1965 (20 U.S.C. 1098(j)) is amended— (i) by striking subparagraph (A) and insert- ‘‘(A) issue the student a preliminary access (1) in paragraph (4), by striking ‘‘and’’ ing the following: and persistence grant award certificate with after the semicolon; and ‘‘(A) the student (and the student’s spouse, tentative award amounts; and (2) by striking paragraph (5) and inserting if any)— ‘‘(B) inform the student that payment of the following: ‘‘(i) files, or is eligible to file, a form de- the access and persistence grant award ‘‘(5) not later than 6 months after the date scribed in subsection (b)(3); amounts is subject to certification of enroll- of enactment of the Accessing College ‘‘(ii) certifies that the student (and the ment and award eligibility by the institution through Comprehensive Early Outreach and student’s spouse, if any) is not required to of higher education. State Partnerships Act, advise the Secretary file an income tax return; ‘‘(5) DURATION OF AWARD.—An eligible stu- on means to implement the activities under ‘‘(iii) is a dislocated worker; or dent that receives an access and persistence section 415E, and the Advisory Committee ‘‘(iv) received benefits at some time during grant under this section shall receive such shall continue to monitor, evaluate, and the previous 24-month period under a means- grant award for each year of such student’s make recommendations on the progress of tested Federal benefit program as defined undergraduate education in which the stu- partnerships that receive allotments under under subsection (d); and’’; and dent remains eligible for assistance under such section; and’’. (ii) by striking subparagraph (B) and in- this title, including pursuant to section S. 1030 serting the following: 484(c), and remains financially eligible as de- Be it enacted by the Senate and House of Rep- ‘‘(B) the sum of the adjusted gross income termined by the State, except that the State resentatives of the United States of America in of the student and spouse (if appropriate) is may impose reasonable time limits to bacca- Congress assembled, less than or equal to $25,000.’’; and laureate degree completion. SECTION 1. SHORT TITLE. (C) by striking the flush matter at the end ‘‘(e) ADMINISTRATIVE COST ALLOWANCE.—A This Act may be cited as the ‘‘Financial and inserting the following: State that receives an allotment under this Aid Form Simplification and Access Act’’. ‘‘The Secretary shall annually adjust the in- section may reserve not more than 3.5 per- SEC. 2. SIMPLIFIED NEEDS TEST AND AUTO- come level necessary to qualify an applicant cent of the funds made available annually MATIC ZERO IMPROVEMENTS. for the zero expected family contribution. through the allotment for State administra- (a) SIMPLIFIED NEEDS TEST.—Section 479 of The income level shall be adjusted according tive functions required to carry out this sec- the Higher Education Act of 1965 (20 U.S.C. to increases in the Consumer Price Index, as tion. 1087ss) is amended— defined in section 478(f).’’; and ‘‘(f) STATUTORY AND REGULATORY RELIEF (1) in subsection (b)— (3) by adding at the end the following: FOR INSTITUTIONS OF HIGHER EDUCATION.— (A) in paragraph (1)— ‘‘(d) DEFINITIONS.—In this section: The Secretary may grant, upon the request (i) by striking subparagraph (A)(i) and in- ‘‘(1) DISLOCATED WORKER.—The term ‘dis- of an institution of higher education that is serting the following: located worker’ has the same meaning given in a partnership described in subsection ‘‘(i) the student’s parents— the term in section 101 of the Workforce In- (b)(2)(B)(ii) and that receives an allotment ‘‘(I) file, or are eligible to file, a form de- vestment Act of 1998 (29 U.S.C. 2801). under this section, a waiver for such institu- scribed in paragraph (3); ‘‘(2) MEANS-TESTED FEDERAL BENEFIT PRO- tion from statutory or regulatory require- ‘‘(II) certify that they are not required to GRAM.—The term ‘means-tested Federal ben- ments that inhibit the ability of the institu- file an income tax return; efit program’ means a mandatory spending

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00157 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.108 S12PT1 S5164 CONGRESSIONAL RECORD — SENATE May 12, 2005 program of the Federal Government in which scribed in this subsection prior to enroll- tronic forms, to improve access to the elec- eligibility for the program’s benefits, or the ment in order to obtain an estimate from the tronic forms for applicants meeting the re- amount of such benefits, or both, are deter- Secretary of the applicant’s expected family quirements of section 479(c). mined on the basis of income or resources of contribution, as defined in section 473. Such ‘‘(II) REPORT.—The Secretary shall report the individual or family seeking the benefit, applicant shall be permitted to update infor- annually to the Committee on Health, Edu- and includes the supplemental security in- mation submitted on a form described in this cation, Labor, and Pensions of the Senate come program under title XVI of the Social subsection completed prior to enrollment and the Committee on Education and the Security Act (42 U.S.C. 1381 et seq.), the food using the process described in paragraph (4). Workforce of the House of Representatives stamp program under the Food Stamp Act of ‘‘(2) PAPER FORMAT.— on steps taken to eliminate the digital di- 1977 (7 U.S.C. 2011 et seq.), and the free and ‘‘(A) IN GENERAL.—Subject to subparagraph vide and on the phaseout of the full paper reduced price school lunch program estab- (C), the Secretary shall produce, distribute, Free Application for Federal Student Aid de- lished under the Richard B. Russell National and process common forms in paper format scribed in subparagraph (A). The report shall School Lunch Act (42 U.S.C. 1751 et seq.).’’. to meet the requirements of paragraph (1). specifically address the impact of the digital (b) DISCRETION OF STUDENT FINANCIAL AID The Secretary shall develop a common paper divide on independent students, adults, and ADMINISTRATORS.—Section 479A(a) of the form for applicants who do not meet the re- dependent students, including students com- Higher Education Act of 1965 (20 U.S.C. quirements of subparagraph (B). pleting applications described in this para- 1087tt(a)) is amended in the third sentence by ‘‘(B) EZ FAFSA.— graph and paragraphs (3) and (4). inserting ‘‘a family member who is a dis- ‘‘(i) IN GENERAL.—The Secretary shall de- ‘‘(3) ELECTRONIC FORMAT.— located worker (as defined in section 101 of velop and use a simplified paper application ‘‘(A) IN GENERAL.— the Workforce Investment Act of 1998 (29 form, to be known as the ‘EZ FAFSA’, to be ‘‘(i) ESTABLISHMENT.—The Secretary shall U.S.C. 2801)),’’ after ‘‘recent unemployment used for applicants meeting the require- produce, distribute, and process common fi- of a family member,’’. ments of section 479(c). nancial reporting forms in electronic format (c) REPORTING REQUIREMENTS.— ‘‘(ii) REDUCED DATA REQUIREMENTS.—The (such as through a website called ‘FAFSA on (1) ELIGIBILITY GUIDELINES.—The Secretary EZ FAFSA shall permit an applicant to sub- the Web’) to meet the requirements of para- of Education shall regularly evaluate the im- mit for financial assistance purposes, only graph (1). The Secretary shall include an pact of the eligibility guidelines in sub- the data elements required to make a deter- electronic version of the EZ FAFSA form for sections (b)(1)(A)(i), (b)(1)(B)(i), (c)(1)(A), and mination of whether the applicant meets the applicants who meet the requirements of (c)(2)(A) of section 479 of the Higher Edu- requirements under section 479(c). paragraph (2)(B) and develop common elec- cation Act of 1965 (20 U.S.C. 1087ss(b)(1)(A)(i), ‘‘(iii) STATE DATA.—The Secretary shall in- tronic forms for applicants who meet the re- (b)(1)(B)(i), (c)(1)(A), and (c)(2)(A)). clude on the EZ FAFSA space for informa- quirements of subparagraph (B) and common (2) MEANS-TESTED FEDERAL BENEFIT PRO- tion that is required of an applicant to be el- electronic forms for applicants who do not GRAM.—The Secretary shall evaluate every 3 igible for State financial assistance, as pro- meet the requirements of subparagraph (B). years the impact of including whether a stu- vided under paragraph (5), except the Sec- ‘‘(ii) STATE DATA.—The Secretary shall in- dent or parent received benefits under a retary shall not include a State’s data if that clude on the common electronic forms de- means-tested Federal benefit program (as de- State does not permit its applicants for scribed in clause (i) space for information fined in section 479(d) of the Higher Edu- State assistance to use the EZ FAFSA. that is required of an applicant to be eligible cation Act of 1965 (20 U.S.C. 1087ss(d)) as a ‘‘(iv) FREE AVAILABILITY AND PROCESSING.— for State financial assistance, as provided factor in determining eligibility under sub- The provisions of paragraph (6) shall apply to under paragraph (5). The Secretary may not sections (b) and (c) of section 479 of the High- the EZ FAFSA, and the data collected by require an applicant to complete data re- er Education Act of 1965 (20 U.S.C. 1087ss(b) means of the EZ FAFSA shall be available to quired by any State other than the appli- and (c)). institutions of higher education, guaranty cant’s State of residence. SEC. 3 IMPROVING PAPER AND ELECTRONIC agencies, and States in accordance with (iii) STREAMLINED FORMAT.—The Secretary FORMS. paragraph (8). shall use, to the fullest extent practicable, (a) SIMPLIFIED NEEDS TEST.—Section 479(a) ‘‘(v) TESTING.—The Secretary shall conduct all available technology to ensure that a stu- of the Higher Education Act of 1965 (20 U.S.C. appropriate field testing on the EZ FAFSA. dent answers only the minimum number of 1087ss(a)) is amended by adding at the end ‘‘(C) PHASING OUT THE PAPER FORM FOR STU- questions necessary. the following: DENTS WHO DO NOT MEET THE REQUIREMENTS ‘‘(B) SIMPLIFIED APPLICATION.— ‘‘(3) SIMPLIFIED FORMS.—The Secretary OF THE AUTOMATIC ZERO EXPECTED FAMILY ‘‘(i) IN GENERAL.—The Secretary shall de- shall make special efforts to notify families CONTRIBUTION.— velop and use a simplified electronic applica- meeting the requirements of subsection (c) ‘‘(i) IN GENERAL.—The Secretary shall tion form to be used by applicants meeting that such families may use the EZ FAFSA make all efforts to encourage all applicants the requirements under section 479(b). described in section 483(a)(2)(B) and notify to utilize the electronic forms described in ‘‘(ii) REDUCED DATA REQUIREMENTS.—The families meeting the requirements of sub- paragraph (3). simplified electronic application form shall section (b) that such families may use the ‘‘(ii) PHASEOUT OF FULL PAPER FAFSA.—Not permit an applicant to submit for financial simplified electronic application form de- later than 5 years after the date of enact- assistance purposes, only the data elements scribed in section 483(a)(3)(B).’’. ment of the Financial Aid Form Simplifica- required to make a determination of whether (b) COMMON FINANCIAL AID FORM DEVELOP- tion and Access Act, to the extent prac- the applicant meets the requirements under MENT AND PROCESSING.—Section 483 of the ticable, the Secretary shall phaseout the section 479(b). Higher Education Act of 1965 (20 U.S.C. 1090) printing of the full paper Free Application ‘‘(iii) STATE DATA.—The Secretary shall in- is amended— for Federal Student Aid described in sub- clude on the simplified electronic applica- (1) in subsection (a)— paragraph (A) and used by applicants who do tion form space for information that is re- (A) by striking paragraphs (1), (2), and (5); not meet the requirements of the EZ FAFSA quired of an applicant to be eligible for State (B) by redesignating paragraphs (3), (4), (6), described in subparagraph (B). financial assistance, as provided under para- and (7), as paragraphs (8), (9), (10), and (11), ‘‘(iii) AVAILABILITY OF FULL PAPER FAFSA.— graph (5), except the Secretary shall not in- respectively; ‘‘(I) IN GENERAL.—Prior to and after the clude a State’s data if that State does not (C) by inserting before paragraph (8), as re- phaseout described in clause (ii), the Sec- permit its applicants for State assistance to designated by subparagraph (B), the fol- retary shall maintain an online printable use the simplified electronic application lowing: version of the paper forms described in sub- form. ‘‘(1) IN GENERAL.— paragraphs (A) and (B). ‘‘(iv) FREE AVAILABILITY AND PROCESSING.— ‘‘(A) COMMON FINANCIAL REPORTING ‘‘(II) ACCESSIBILITY.—The online printable The provisions of paragraph (6) shall apply to FORMS.—The Secretary, in cooperation with version described in subclause (I) shall be the simplified electronic application form, representatives of agencies and organiza- made easily accessible and downloadable to and the data collected by means of the sim- tions involved in student financial assist- students on the same website used to provide plified electronic application form shall be ance, shall produce, distribute, and process students with the electronic application available to institutions of higher education, free of charge common financial reporting forms described in paragraph (3). guaranty agencies, and States in accordance forms as described in this subsection to be ‘‘(III) SUBMISSION OF FORMS.—The Sec- with paragraph (8). used for application and reapplication to de- retary shall enable, to the extent prac- ‘‘(v) TESTING.—The Secretary shall conduct termine the need and eligibility of a student ticable, students to submit a form described appropriate field testing on the form devel- for financial assistance under parts A in this clause that is downloaded and printed oped under this subparagraph. through E (other than subpart 4 of part A). in order to meet the filing requirements of ‘‘(C) RULE OF CONSTRUCTION.—Nothing in These forms shall be made available to appli- this section and to receive aid from pro- this subsection shall be construed to prohibit cants in both paper and electronic formats grams established under this title. the use of the form developed by the Sec- and shall be referred to (except as otherwise ‘‘(iv) USE OF SAVINGS TO ADDRESS THE DIG- retary pursuant to this paragraph by an eli- provided in this subsection) as the ‘Free Ap- ITAL DIVIDE.— gible institution, eligible lender, guaranty plication for Federal Student Aid’ or ‘‘(I) IN GENERAL.—The Secretary shall uti- agency, State grant agency, private com- ‘FAFSA’. lize savings accrued by phasing out the full puter software providers, a consortium of ‘‘(B) EARLY ANALYSIS.—The Secretary shall paper Free Application for Federal Student such entities, or such other entities as the permit an applicant to complete a form de- Aid and moving more applicants to the elec- Secretary may designate.

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00158 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.109 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5165

‘‘(D) PRIVACY.—The Secretary shall ensure require to award need-based State aid and an agreement with the Secretary to stream- that data collection under this paragraph other application requirements that the line applications, eligible institutions, or complies with section 552a of title 5, United States may impose. programs under this title as permitted by States Code, and that any entity using the ‘‘(C) FEDERAL REGISTER NOTICE.—The Sec- the Secretary. electronic version of the forms developed by retary shall publish on an annual basis a no- ‘‘(7) APPLICATION PROCESSING CYCLE.—The the Secretary pursuant to this paragraph tice in the Federal Register requiring each Secretary shall, prior to January 1 of a stu- shall maintain reasonable and appropriate State agency to inform the Secretary— dent’s planned year of enrollment to the ex- administrative, technical, and physical safe- ‘‘(i) if the agency is unable to permit appli- tent practicable— guards to ensure the integrity and confiden- cants to utilize the forms described in para- ‘‘(A) enable the student to submit a form tiality of the information, and to protect graphs (2)(B) and (3)(B); and described under this subsection in order to against security threats, or unauthorized ‘‘(ii) of the State-specific data that the meet the filing requirements of this section uses or disclosures of the information pro- agency requires for delivery of State need- and receive aid from programs under this vided on the electronic version of the form. based financial aid. title; and Data collected by such electronic version of ‘‘(D) STATE NOTIFICATION TO THE SEC- ‘‘(B) initiate the processing of a form under the form shall be used only for the applica- RETARY.— this subsection submitted by the student.’’; tion, award, and administration of aid ‘‘(i) IN GENERAL.—Each State shall notify and awarded under this title, State aid, or aid the Secretary— (D) by adding at the end the following: awarded by eligible institutions or such enti- ‘‘(I) whether the State permits an appli- ‘‘(12) EARLY APPLICATION AND AWARD DEM- ties as the Secretary may designate. No data cant to file a form described in paragraph ONSTRATION PROGRAM.— collected by such electronic version of the (2)(B) or (3)(B) for purposes of determining ‘‘(A) IN GENERAL.—Not later than 2 years form shall be used for making final aid eligibility for State need-based grant aid; after the date of enactment of this para- awards under this title until such data have and graph, the Secretary shall implement an been processed by the Secretary or a con- ‘‘(II) of the State-specific data that the early application demonstration program en- tractor or designee of the Secretary, except State requires for delivery of State need- abling dependent students to— as may be permitted under this title. based financial aid. ‘‘(i) complete applications under this sub- ‘‘(E) SIGNATURE.—Notwithstanding any ‘‘(ii) NO PERMISSION.—In the event that a other provision of this Act, the Secretary State does not permit an applicant to file a section in such students’ junior year of sec- may permit an electronic form to be sub- form described in paragraph (2)(B) or (3)(B) ondary school, or in the academic year that mitted without a signature, if a signature is for purposes of determining eligibility for is 2 years prior to such students’ intended subsequently submitted by the applicant. State need-based grant aid— year of enrollment at an institution of high- er education; and ‘‘(F) PERSONAL IDENTIFICATION NUMBERS AU- ‘‘(I) the State shall notify the Secretary if THORIZED.—The Secretary is authorized to it is not permitted to do so because of either ‘‘(ii) be eligible to receive aid under this assign to applicants personal identification State law or because of agency policy; and title, aid from participants under this para- numbers— ‘‘(II) the notification under subclause (I) graph, State financial assistance as provided ‘‘(i) to enable the applicants to use such shall include an estimate of the program under section 415C, and other aid provided by numbers in lieu of a signature for purposes of cost to permit applicants to complete the participating institutions through the sub- completing a form under this paragraph; and forms described in paragraphs (2)(B) and mission of an application as described in ‘‘(ii) for any purpose determined by the (3)(B). clause (i). Secretary to enable the Secretary to carry ‘‘(iii) LACK OF NOTIFICATION BY THE STATE.— ‘‘(B) PURPOSE.—The purpose of the dem- out this title. If a State does not notify the Secretary pur- onstration program under this paragraph is ‘‘(4) REAPPLICATION.— suant to clause (i), the Secretary shall— to measure the benefits, in terms of student ‘‘(A) IN GENERAL.—The Secretary shall de- ‘‘(I) permit residents of that State to com- aspirations and plans to attend college, and velop streamlined reapplication forms and plete the forms described in paragraphs the adverse effects, in terms of program processes, including both paper and elec- (2)(B) and (3)(B); and costs, integrity, distribution, and delivery of tronic reapplication processes, consistent ‘‘(II) not require any resident of that State aid under this title, of implementing an with the requirements of this subsection, for to complete any data previously required by early application system for all dependent an applicant who applies for financial assist- that State. students that allows dependent students to ance under this title in the next succeeding ‘‘(E) RESTRICTION.—The Secretary shall not apply for financial aid using information academic year subsequent to the year in require applicants to complete any non- from the year prior to the year prior to en- which such applicant first applied for finan- financial data or financial data that are not rollment at an institution of higher edu- cial assistance under this title. required by the applicant’s State agency, ex- cation. Additional objectives associated with ‘‘(B) UPDATED.—The Secretary shall deter- cept as may be required for applicants who implementation of the demonstration pro- mine, in cooperation with States, institu- use the paper forms described in subpara- gram are the following: tions of higher education, and agencies and graphs (A) and (B) of paragraph (2). ‘‘(i) Measure the feasibility of enabling de- organizations involved in student financial ‘‘(6) CHARGES TO STUDENTS AND PARENTS pendent students to apply for Federal, State, assistance, the data elements that can be up- FOR USE OF FORMS PROHIBITED.—The common and institutional financial aid in such stu- dated from the previous academic year’s ap- financial reporting forms prescribed by the dents’ junior year of secondary school, using plication. Secretary under this subsection shall be pro- information from the year prior to the year ‘‘(C) RULE OF CONSTRUCTION.—Nothing in duced, distributed, and processed by the Sec- prior to enrollment, by completing any of this title shall be construed as limiting the retary and no parent or student shall be the application forms under this subsection. authority of the Secretary to reduce the charged a fee by the Secretary, a contractor, ‘‘(ii) Determine the feasibility, benefits, number of data elements required of re- a third party servicer or private software and adverse effects of implementing a data applicants. provider, or any other public or private enti- match with the Internal Revenue Service. ‘‘(D) ZERO FAMILY CONTRIBUTION.—Appli- ty for the collection, processing, or delivery ‘‘(iii) Identify whether receiving final fi- cants determined to have a zero family con- of financial aid through the use of such nancial aid awards not later than the fall of tribution pursuant to section 479(c) shall not forms. The need and eligibility of a student a student’s senior year positively impacts be required to provide any financial data in for financial assistance under parts A the college aspirations and plans of such stu- a reapplication form, except that which is through E (other than under subpart 4 of dent. necessary to determine eligibility under part A) may only be determined by using a ‘‘(iv) Measure the impact of using income such section. form developed by the Secretary pursuant to information from the year prior to the year ‘‘(5) STATE REQUIREMENTS.— this subsection. No student may receive as- prior to enrollment on— ‘‘(A) IN GENERAL.—The Secretary shall in- sistance under parts A through E (other than ‘‘(I) eligibility for financial aid under this clude on the forms developed under this sub- under subpart 4 of part A), except by use of title and for other institutional aid; and section, such State-specific data items as the a form developed by the Secretary pursuant ‘‘(II) the cost of financial aid programs Secretary determines are necessary to meet to this subsection. No data collected on a under this title. State requirements for need-based State aid. paper or electronic form or other document, ‘‘(v) Effectively evaluate the benefits and Such items shall be selected in consultation which the Secretary determines was created adverse effects of the demonstration pro- with States to assist in the awarding of to replace a form prescribed under this sub- gram on program costs, integrity, distribu- State financial assistance in accordance section and therefore violates the integrity tion, and delivery of aid. with the terms of this subsection. The num- of a simplified and free financial aid applica- ‘‘(C) PARTICIPANTS.—The Secretary shall ber of such data items shall not be less than tion process, for which a fee is charged shall select, in consultation with States and insti- the number included on the form on October be used to complete the form prescribed tutions of higher education, States and insti- 7, 1998, unless States notify the Secretary under this subsection. No person, commer- tutions within the States interested in par- that they no longer require those data items cial entity, or other entity shall request, ob- ticipating in the demonstration program for the distribution of State need-based aid. tain, or utilize an applicant’s Personal Iden- under this paragraph. The States and insti- ‘‘(B) ANNUAL REVIEW.—The Secretary shall tification Number for purposes of submitting tutions of higher education shall participate conduct an annual review process to deter- an application on an applicant’s behalf ex- in programs under this title and be willing to mine which forms and data items the States cept State agencies that have entered into make final financial aid awards to students

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00159 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.109 S12PT1 S5166 CONGRESSIONAL RECORD — SENATE May 12, 2005 based on such students’ application informa- study, and loan assistance for which an indi- tion services pursuant to this subsection tion from the year prior to the year prior to vidual would be eligible under this title upon shall— enrollment. Such awards may be contingent completion and verification of a form under ‘‘(A) clearly inform individuals upon ini- on the student being admitted to and enroll- subsection (a). tial contact (including advertising in clear ing in the participating institution the fol- ‘‘(B) DETERMINATION OF WHETHER TO USE and conspicuous language on the website of lowing year. The Secretary shall also select SIMPLIFIED APPLICATION.—The system estab- the preparer, including by providing a link as participants in the demonstration pro- lished under this paragraph shall also permit directly to the website described in sub- gram secondary schools that are located in an individual to determine whether or not section (a)(3), if the preparer provides such the participating States and dependent stu- the individual may apply for aid using an EZ services through a website) that the common dents who reside in the participating States. FAFSA described in subsection (a)(2)(B) or a financial reporting forms that are required ‘‘(D) APPLICATION PROCESS.—The Secretary simplified electronic application form de- to determine eligibility for financial assist- shall ensure that the following provisions scribed in subsection (a)(3)(B). ance under parts A through E (other than are included in the demonstration program: ‘‘(3) AVAILABILITY OF MEANS TO COMMU- subpart 4 of part A) may be completed for ‘‘(i) Participating States and institutions NICATE ELIGIBILITY.— free via paper or electronic forms provided of higher education shall— ‘‘(A) LOWER-INCOME STUDENTS.—The Sec- by the Secretary; ‘‘(I) allow participating students to apply retary shall— ‘‘(B) refrain from producing or dissemi- for financial aid as provided under this title ‘‘(i) make special efforts to notify students nating any form other than the forms pro- during such students’ junior year of sec- who qualify for a free or reduced price lunch duced by the Secretary under subsection (a); ondary school using information from the under the school lunch program established and year prior to the year prior to enrollment; under the Richard B. Russell National ‘‘(C) not charge any fee to any individual and School Lunch Act (42 U.S.C. 1751 et seq.), seeking such services who meets the require- ‘‘(II) award final financial aid awards to benefits under the food stamp program under ments under subsection (b) or (c) of section participating students based on the applica- the Food Stamp Act of 1977 (7 U.S.C. 2011 et 479.’’. tions provided under the demonstration pro- seq.), or benefits under such programs as the (c) TOLL-FREE APPLICATION AND INFORMA- gram. Secretary shall determine, of such students’ TION.—Section 479 of the Higher Education ‘‘(ii) Participating States and institutions potential eligibility for a maximum Federal Act of 1965 (20 U.S.C. 1087ss), as amended by of higher education shall not require stu- Pell Grant under subpart 1 of part A; and section 2, is further amended by adding at dents participating in the demonstration ‘‘(ii) disseminate informational materials the end the following: program to complete an additional applica- regarding the linkage between eligibility for ‘‘(e) TOLL-FREE APPLICATION AND INFORMA- tion in the year prior to enrollment in order means-tested Federal benefit programs and TION.—The Secretary shall contract for, or to receive State aid under section 415C and eligibility for a Federal Pell Grant, as deter- establish, and publicize a toll-free telephone any other institutional aid. mined necessary by the Secretary. service to provide an application mechanism ‘‘(iii) Financial aid administrators at par- ‘‘(B) MIDDLE SCHOOL STUDENTS.—The Sec- and timely and accurate information to the ticipating institutions of higher education retary shall, in cooperation with States, general public. The information provided shall be allowed to use such administrators’ middle schools, programs under this title shall include specific instructions on com- discretion in awarding financial aid to par- that serve middle school students, and other pleting the application form for assistance ticipating students, as outlined under sec- cooperating independent outreach programs, under this title. Such service shall also in- tions 479A and 480(d). make special efforts to notify middle school clude a service accessible by telecommuni- ‘‘(E) DATA MATCH WITH THE INTERNAL REV- students of the availability of financial as- cations devices for the deaf (TDD’s) and ENUE SERVICE.—The Secretary shall include sistance under this title and of the approxi- shall, in addition to the services provided for in the demonstration project a data match mate amounts of grant, work-study, and in the previous sentence, refer such students with the Internal Revenue Service in order loan assistance an individual would be eligi- to the national clearinghouse on postsec- to verify data provided by participating stu- ble for under this title. ondary education or another appropriate dents and gauge the feasibility of imple- ‘‘(C) SECONDARY SCHOOL STUDENTS.—The provider of technical assistance and informa- menting such a data match for all students Secretary shall, in cooperation with States, tion on postsecondary educational services, applying for aid under this title. secondary schools, programs under this title that is supported under section 663 of the In- ‘‘(F) EVALUATION.—The Secretary shall that serve secondary school students, and co- dividuals with Disabilities Education Act. conduct a rigorous evaluation of the dem- operating independent outreach programs, Not later than 2 years after the date of en- onstration program in order to measure the make special efforts to notify students in actment of the Financial Aid Form Sim- program’s benefits and adverse effects as re- their junior year of secondary school the ap- plification and Access Act, the Secretary quired under subparagraph (B). proximate amounts of grant, work-study, shall test and implement, to the extent prac- ‘‘(G) OUTREACH.—The Secretary shall make and loan assistance an individual would be ticable, a toll-free telephone-based applica- appropriate efforts in order to notify States eligible for under this title upon completion tion system to permit applicants who are eli- of the demonstration program. Upon deter- and verification of an application form under gible to utilize the EZ FAFSA described in mination of which States will be partici- subsection (a).’’; section 483(a) over such system.’’. pating in the demonstration program, the (3) in subsection (c), by striking ‘‘Labor (d) MASTER CALENDAR.—Section Secretary shall continue to make efforts to and Human Resources’’ and inserting 482(a)(1)(B) of the Higher Education Act of notify institutions of higher education and ‘‘Health, Education, Labor, and Pensions’’; 1965 (20 U.S.C. 1089(a)(1)(B)) is amended to dependent students within such partici- (4) by striking subsection (d); read as follows: pating States of the opportunity to partici- (5) by redesignating subsection (e) as sub- ‘‘(B) by March 1: proposed modifications pate in the demonstration program and of section (d); and and updates pursuant to sections 478, 479(c), the participation requirements. (6) by amending subsection (d), as redesig- and 483(a)(5) published in the Federal Reg- ‘‘(H) CONSULTATION.—The Secretary shall nated by paragraph (5), to read as follows: ister;’’. consult with the Advisory Committee on ‘‘(d) ASSISTANCE IN PREPARATION OF FINAN- (e) SIMPLIFYING THE VERIFICATION PROC- Student Financial Assistance, established CIAL AID APPLICATION.— ESS.—Section 484 of the Higher Education under section 491, on the design and imple- ‘‘(1) PREPARATION AUTHORIZED.—Nothing in Act of 1965 (20 U.S.C. 1091) is amended by add- mentation of the demonstration program this Act shall limit an applicant from using ing at the end the following: and on the evaluation described in paragraph a preparer for consultative or preparation ‘‘(s) VERIFICATION OF STUDENT ELIGI- (F).’’; services for the completion of the common BILITY.— (2) by striking subsection (b) and inserting financial reporting forms described in sub- ‘‘(1) REGULATORY REVIEW.—The Secretary the following: section (a). shall review all regulations of the Depart- ‘‘(b) EARLY AWARENESS OF AID ELIGI- ‘‘(2) PREPARER IDENTIFICATION.—Any com- ment related to verifying the information BILITY.— mon financial reporting form required to be provided on a student’s financial aid applica- ‘‘(1) IN GENERAL.—The Secretary shall made under this title shall include the name, tion in order to simplify the verification make every effort to provide students with signature, address or employer’s address, so- process for students and institutions. early information about potential financial cial security number or employer identifica- ‘‘(2) REPORT.—Not later than 2 years after aid eligibility. tion number, and organizational affiliation the date of enactment of this subsection, the ‘‘(2) AVAILABILITY OF MEANS TO DETERMINE of the preparer of such common financial re- Secretary shall prepare and submit a final ELIGIBILITY.— porting form. report to the Committee on Health, Edu- ‘‘(A) IN GENERAL.—The Secretary shall pro- ‘‘(3) SPECIAL RULE.—Nothing in this Act cation, Labor, and Pensions of the Senate vide, in cooperation with States, institutions shall limit preparers of common financial re- and the Committee on Education and the of higher education, agencies, and organiza- porting forms required to be made under this Workforce of the House of Representatives tions involved in student financial assist- title from collecting source information, in- on steps taken, to the extent practicable, to ance, both through a widely disseminated cluding Internal Revenue Service tax forms, simplify the verification process. The report printed form and the Internet or other elec- in providing consultative and preparation shall specifically address steps taken to— tronic means, a system for individuals to de- services in completing the forms. ‘‘(A) reduce the burden of verification on termine easily, by entering relevant data, ‘‘(4) ADDITIONAL REQUIREMENTS.—A pre- students who are selected for verification at approximately the amount of grant, work- parer that provides consultative or prepara- multiple institutions;

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00160 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.109 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5167 ‘‘(B) reduce the number of data elements student assistance for which the student is 1965 (20 U.S.C. 1087oo(g)(2)(D)) is amended to that are required to be verified for applicants eligible. read as follows: meeting the requirements of subsection (b) ‘‘(2) PUBLICATION IN THE FEDERAL REG- ‘‘(D) $9,000;’’. or (c) of section 479, so that only those data ISTER.—For each award year after award (b) INDEPENDENT STUDENTS WITHOUT DE- elements required to determine eligibility year 2005–2006, the Secretary shall publish in PENDENTS OTHER THAN A SPOUSE.—Section under subsection (b) or (c) of section 479 are the Federal Register a revised table of State 476(b)(1)(A)(iv) of the Higher Education Act subject to verification; and other tax allowances for the purpose of of 1965 (20 U.S.C. 1087pp(b)(1)(A)(iv)) is ‘‘(C) reduce the burden and costs associ- sections 475(c)(2), 475(g)(3), 476(b)(2), and amended to read as follows: ated with verification for institutions that 477(b)(2). The Secretary shall develop such ‘‘(iv) an income protection allowance of are eligible to participate in Federal student revised table after review of the Department the following amount (or a successor amount aid programs under this title; and of the Treasury’s Statistics of Income file prescribed by the Secretary under section ‘‘(D) increase the use of technology in the and determination of the percentage of in- 478)— verification process.’’. come that each State’s taxes represent. The ‘‘(I) $10,000 for single or separated students; SEC. 4. ALLOWANCE FOR STATE AND OTHER Secretary shall phase-in the State and other ‘‘(II) $10,000 for married students where TAXES. tax allowances from the revised table for an Section 478(g) of the Higher Education Act both are enrolled pursuant to subsection award year proportionately over a period of (a)(2); and of 1965 (20 U.S.C. 1087rr(g)) is amended to time of not less than 2 years if a revised read as follows: ‘‘(III) $13,000 for married students where 1 table was not published in the Federal Reg- is enrolled pursuant to subsection (a)(2);’’. ‘‘(g) STATE AND OTHER TAX ALLOWANCE.— ister during the previous award year. ‘‘(1) HOLD HARMLESS.—Notwithstanding ‘‘(3) AGREEMENT.—The Secretary is author- (c) INDEPENDENT STUDENTS WITH DEPEND- any other provision of law, the annual up- ized to enter into agreement with the Com- ENTS OTHER THAN A SPOUSE.—Section dates to the allowance for State and other missioner of the Internal Revenue Service to 477(b)(4) of the Higher Education Act of 1965 taxes in the tables used in the Federal Need develop the data required to revise the table (20 U.S.C. 1087qq(b)(4)) is amended to read as Analysis Methodology to determine a stu- of State and other tax allowances for the follows: dent’s expected family contribution for the purpose of sections 475(c)(2), 475(g)(3), ‘‘(4) INCOME PROTECTION ALLOWANCE.—The award year 2005–2006 under part F of title IV, 476(b)(2), and 477(b)(2).’’. income protection allowance is determined published in the Federal Register on Thurs- by the following table (or a successor table day, December 23, 2004 (69 Fed. Reg. 76926), SEC. 5. SUPPORT FOR WORKING STUDENTS. prescribed by the Secretary under section shall not apply to a student to the extent the (a) DEPENDENT STUDENTS.—Section 478): updates will reduce the amount of Federal 475(g)(2)(D) of the Higher Education Act of ‘‘Income Protection Allowance

Number in College Family Size 1 2 3 4 5

2 $17,580 $15,230 3 20,940 17,610 $16,260 4 24,950 22,600 20,270 $17,930 5 28,740 26,390 24,060 21,720 $19,390 6 32,950 30,610 28,280 25,940 23,610 NOTE: For each additional family member, add $3,280. For each additional college student, subtract $2,330.’’.

SEC. 6. SIMPLIFICATION FOR STUDENTS WITH ‘‘(13) APPLICATIONS FOR STUDENTS SEEKING determining the assets of parents or an inde- SPECIAL CIRCUMSTANCES. A DOCUMENTED DETERMINATION OF INDEPEND- pendent student shall be— (a) INDEPENDENT STUDENT.—Section 480(d) ENCE.—In the case of a dependent student ‘‘(A) the refund value of any tuition credits of the Higher Education Act of 1965 (20 U.S.C. seeking a documented determination of inde- or certificates purchased under a qualified 1087vv(d)) is amended to read as follows: pendence by a financial aid administrator, as education benefit; or ‘‘(d) INDEPENDENT STUDENT.— described in section 480(d), nothing in this ‘‘(B) the current balance of any account ‘‘(1) DEFINITION.—The term ‘independent’, section shall prohibit the Secretary from— that is established as a qualified education when used with respect to a student, means ‘‘(A) allowing such student to— benefit for the purpose of meeting the quali- any individual who— ‘‘(i) indicate the student’s request for a fied higher education expenses of the des- ‘‘(A) is 24 years of age or older by Decem- documented determination of independence ignated beneficiary of the account. ber 31 of the award year; on an electronic form developed pursuant to ‘‘(3) In this subsection, the term ‘qualified ‘‘(B) is an orphan, in foster care, or a ward this subsection; and education benefit’ means— of the court, or was in foster care or a ward ‘‘(ii) submit such form for preliminary ‘‘(A) a qualified tuition program (as de- of the court until the individual reached the processing that only contains those data ele- fined in section 529(b)(1) of the Internal Rev- age of 18; ments required of independent students, as enue Code of 1986) or another prepaid tuition ‘‘(C) is an emancipated minor or is in legal defined in section 480(d); plan offered by a State; or guardianship as determined by a court of ‘‘(B) collecting and processing on a pre- ‘‘(B) a Coverdell education savings account competent jurisdiction in the individual’s liminary basis data provided by such a stu- (as defined in section 530(b)(1) of the Internal State of legal residence; dent using the electronic forms developed Revenue Code of 1986).’’. ‘‘(D) is a veteran of the Armed Forces of pursuant to this subsection; and (b) DEFINITION OF OTHER FINANCIAL ASSIST- the United States (as defined in subsection ‘‘(C) distributing such data to institutions ANCE.—Section 480(j) of the Higher Education (c)(1)) or is currently serving on active duty of higher education, guaranty agencies, and Act of 1965 (20 U.S.C. 1087vv(j)) is amended— in the Armed Forces; States for the purposes of processing loan ap- (1) in the heading, by striking ‘‘; TUITION ‘‘(E) is a graduate or professional student; plications and determining need and eligi- PREPAYMENT PLANS’’; ‘‘(F) is a married individual; bility for institutional and State financial (2) by striking paragraph (2); ‘‘(G) has legal dependents other than a aid awards on a preliminary basis, pending a (3) in paragraph (3), by inserting ‘‘, or a spouse; or documented determination of independence distribution that is not includable in gross ‘‘(H) is a student for whom a financial aid by a financial aid administrator.’’. administrator makes a documented deter- income under section 529 of such Code, under SEC. 7. TREATMENT OF PREPAYMENT AND SAV- another prepaid tuition plan offered by a mination of independence by reason of other INGS PLANS UNDER STUDENT FI- unusual circumstances. NANCIAL AID NEEDS ANALYSIS. State, or under a Coverdell education sav- ings account under section 530 of such Code’’ ‘‘(2) SIMPLIFYING THE DEPENDENCY OVERRIDE (a) DEFINITION OF ASSETS.—Section 480(f) of after ‘‘1986’’; and PROCESS.—Nothing in this section shall pro- the Higher Education Act of 1965 (20 U.S.C. hibit a financial aid administrator from 1087vv(f)) is amended— (4) by redesignating paragraph (3) as para- making a determination of independence, as (1) in paragraph (1), by inserting ‘‘qualified graph (2). described in paragraph (1)(H), based upon a education benefits, except as provided in (c) TOTAL INCOME.—Section 480(a)(2) of the determination of independence previously subparagraph (2),’’ after ‘‘tax shelters,’’; Higher Education Act of 1965 (20 U.S.C. made by another financial aid administrator (2) by redesignating paragraph (2) as para- 1087vv(a)(2)) is amended to read as follows: in the same application year.’’. graph (4); and ‘‘(2) No portion of any student financial as- (b) TAILORING ELECTRONIC APPLICATIONS (3) by inserting after paragraph (1) the fol- sistance received from any program by an in- FOR STUDENTS WITH SPECIAL CIR- lowing: dividual, no portion of a national service CUMSTANCES.—Section 483(a) of the Higher ‘‘(2) A qualified education benefit shall not educational award or post-service benefit re- Education Act of 1965 (20 U.S.C. 1090(a)), as be considered an asset of a dependent stu- ceived by an individual under title I of the amended by section 3, is further amended by dent for purposes of section 475. The value of National and Community Service Act of 1990 adding at the end the following: a qualified education benefit for purposes of (42 U.S.C. 12571 et seq.), no portion of any tax

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00161 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.109 S12PT1 S5168 CONGRESSIONAL RECORD — SENATE May 12, 2005 credit taken under section 25A of the Inter- leagues, Senator CLINTON and Senator exact between $1 billion and $4 billion nal Revenue Code of 1986, and no distribution JEFFORDS. This legislation would give in direct and indirect costs to utilities, from any qualified education benefit defined the Federal Energy Regulatory Com- industry and consumers. The report in subsection (f)(3) that is not subject to Fed- mission—FERC—authority to devise a also detailed the risks the outage posed eral income tax, shall be included as income or assets in the computation of expected system of mandatory and enforceable to public health and safety, including family contribution for any program funded standards for the reliable operation of an exponential increase in traffic acci- in whole or in part under this Act.’’. our Nation’s electricity grid. dents, hospitals forced to rely on emer- SEC. 8. ADVISORY COMMITTEE ON STUDENT FI- Enactment of this bill is long over- gency back-up power generation, and NANCIAL ASSISTANCE. due. The provisions of this bill have the grounding of more than 2,000 air- Section 491 of the Higher Education Act of passed the United States Senate many line passengers. 1965 (20 U.S.C. 1098) is further amended— times. They represent crucial steps for- While it took time to develop con- (1) in subsection (a)(2)— ward in the effort to modernize our Na- sensus, the Senate recognized the (A) in subparagraph (B), by striking ‘‘and’’ tion’s electricity grid and reform the human and economic stakes associated after the semicolon; with the reliable operation of the elec- (B) in subparagraph (C), by striking the pe- rules by which it is operated. I believe riod at the end and inserting a semicolon; this body can and must make nec- tricity grid. Stand-alone legislation and essary progress in upgrading our elec- very similar to what I have introduced (C) by adding at the end the following: tricity grid. today passed this body in June 2000, ‘‘(D) to provide knowledge and under- As surely my colleagues recall, in when this Chamber was under Repub- standing of early intervention programs and August of 2003 much of the Northeast lican control. And even as the majority make recommendations that will result in and Midwest suffered a massive power has twice changed hands since then, early awareness by low- and moderate-in- outage, affecting 50 million consumers the United States Senate has twice come students and families of their eligi- from New York to Michigan. This passed the very provisions included in bility for assistance under this title, and, to the Electric Reliability Act of 2005 as the extent practicable, their eligibility for blackout, the biggest in our Nation’s other forms of State and institutional need- history, has underscored the need for part of comprehensive energy legisla- based student assistance; and mandatory and enforceable reliability tion. ‘‘(E) to make recommendations that will standards—as envisioned in the Elec- Today I am introducing the Electric expand and improve partnerships among the tric Reliability Act of 2005. To date, Reliability Act of 2005 as I believe it is Federal Government, States, institutions, the system has operated under a set of time for this body to take concrete and private entities to increase the aware- voluntary guidelines, with no concrete steps towards ensuring the continued ness and total amount of need-based student penalties for those that break the rules reliable operation of our electric grid. assistance available to low- and moderate-in- This legislation would mark a substan- come students.’’; and jeopardize the reliable energy serv- ice that is the foundation of our Na- tial achievement in the effort to up- (2) in subsection (d)— grade the reliability of our Nation’s (A) in paragraph (6), by striking ‘‘, but tion’s economy. nothing in this section shall authorize the Following the August 2003 blackout grid and insulate our economy from committee to perform such studies, surveys, in the NE, a joint report issued by the the disastrous impacts of electricity or analyses’’; United States and Canada the fol- outages. (B) in paragraph (8), by striking ‘‘and’’ lowing April recommended a number of I ask my colleagues to support this after the semicolon; policy changes on both sides of our bill. (C) by redesignating paragraph (9) as para- graph (10); and shared border. The first recommenda- By Mrs. BOXER: (D) by inserting after paragraph (8) the fol- tion in that report was to make reli- S. 1032. A bill to improve seaport se- lowing: ability standards mandatory and en- curity; to the Committee on Com- ‘‘(9) monitor the adequacy of total need- forceable with penalties for non-com- merce, Science, and Transportation. based aid available to low- and moderate-in- pliance. The Electric Reliability Secu- Mrs. BOXER. Mr. President, at the come students from all sources, assess the rity Act of 2005 does exactly that. end of 2002, the Maritime Transpor- implications for access and persistence, and While the August 2003 blackout was tation Security Act became law. report those implications annually to Con- certainly a potent reminder, the call I was a member of the conference gress and the Secretary; and’’; for reliability legislation dates back at (3) in subsection (j)— committee on that bill, and I think it (A) in paragraph (4), by striking ‘‘and’’ least another 5 years. In 1997, both a was a good first step in improving secu- after the semicolon; Task Force established by the Clinton rity at our Nation’s ports. (B) in paragraph (5), by striking the period administration’s Department of Energy It had many good provisions, such as at the end and inserting ‘‘; and’’; and and a blue ribbon panel formed by the the creation of national and regional (C) by adding at the end the following: North American Electric Reliability maritime transportation/port security ‘‘(6) monitor and assess implementation of Council—NERC—determined that reli- plans to be approved by the Coast improvements called for under this title, ability rules for our Nation’s electric Guard; better coordination of Federal make recommendations to the Secretary system had to be made mandatory and State, local, and private enforcement that ensure the timely design, testing, and implementation of the improvements, and enforceable. agencies; and the establishment of a report annually to Congress and the Sec- These conclusions resulted, in part, grant program for port authorities, wa- retary on progress made toward simplifying from an August 1996 blackout in the terfront facilities operators, and State overall delivery, reducing data elements and Western Interconnection, where the and local agencies to provide security questions, incorporating the latest tech- short-circuit of two overloaded trans- infrastructure improvements. nology, aligning Federal, State, and institu- mission lines near Portland, OR, The problem with the bill was that it tional eligibility, enhancing partnerships, caused a sweeping outage that knocked had no guaranteed funding mechanism. and improving early awareness of total stu- out power for up to 16 hours in 10 As a result, we are underfunding port dent aid eligibility for low- and moderate-in- States, including my home State of security. Since the passage of the Mari- come students and families.’’; and (4) in subsection (k), by striking ‘‘2004’’ and Washington. The blackout affected 7.5 time Transportation Security Act, the inserting ‘‘2011’’. million consumers from Idaho to Cali- Department of Homeland Security has fornia, resulting in the automatic shut- awarded approximately $625 million in By Ms. CANTWELL (for herself, down of 15 large thermal nuclear gener- port security grants. This is not Mr. JEFFORDS, and Mrs. CLIN- ating plants in California and the enough. The Coast Guard has esti- TON): Southwest—compromising the West’s mated a need for $5.4 billion over 10 S. 1031. A bill to enhance the reli- energy supply for several days, even years for port facility upgrades, and ability of the electric system; to the after power had mostly been restored $7.3 billion over 10 years for all port se- Committee on Energy and Natural Re- to end-users. curity. At the same time, the adminis- sources. As outlined in Economic Impacts of tration only requested $600 million for Ms. CANTWELL. Mr. President, I Infrastructure Failures, a 1997 report infrastructure protection in fiscal year rise today to reintroduce the Electric submitted to the President’s Commis- 2006, and this meager figure does not Reliability Act of 2005, which I am sion on Critical Infrastructure Protec- even specify a dedicated portion for pleased to introduce with my col- tion, the blackout was estimated to port security grants.

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00162 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.109 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5169 With over 40 percent of the Nation’s critical need for immigration reform. I needs of the U.S. economy are con- goods imported through California’s think the numbers speak for them- stantly in flux, and our immigration ports, a terrorist attack at a California selves: Over 300 people died last year system must match those needs. port would not only be tragic but trying to cross the border; about 200 of I don’t believe there is another issue would be devastating for our Nation’s those deaths occurred in Arizona’s that is more important to our Nation economy. desert. Last year 1.1 million illegal im- than immigration reform. For far too So, today, I am reintroducing a bill migrants were caught by the Border long, our Nation’s broken immigration to provide more funding to the ports. Patrol in 2004. Fifty-one percent of laws have gone unreformed, leaving Specifically, it will create a Port Secu- those were caught in Arizona. The Bor- Americans vulnerable. We can no rity Grant Program in the Department der Patrol is currently apprehending longer afford to delay reform. of Homeland Security; provide $800 over 1,000 undocumented immigrants a The complex and difficult problems million per year for 5 years in grant day in Arizona. According to the FBI, associated with immigration reform funding; and—this is very important to an increasing number of these individ- will not be solved overnight, but they California’s ports—allow the Federal uals are OTMs, Other Than Mexicans, are among the most difficult chal- Government to help finance larger from ‘‘countries of interest.’’ lenges facing our Nation today. That is multi-year projects similar to what is Homeland security is our Nation’s why it is so important that the Presi- done with many of our airports for number one priority, and this legisla- dent shares our commitment to com- aviation security. tion includes numerous provisions that prehensive reform. Together with the I hope that the Senate will act on together will make our nation more se- President, I am committed to this this bill. Now is not the time to slow cure. This bill includes provisions to process and remain very hopeful that down or delay our efforts to increase strengthen border security, both on our we will succeed. and improve transportation security. side of the border and throughout this I want to especially express my ap- The job is not done, and it must be hemisphere. Through the establish- preciation to Senator KENNEDY and his done. ment of a new electronic employment staff for their sincere commitment to verification system, the bill will create this critical issue. Also, the contribu- By Mr. MCCAIN (for himself, Mr. a more secure mechanism to better en- tions to the bill as recommended by KENNEDY, Mr. BROWNBACK, Mr. force our nation’s immigration laws Senator BROWNBACK have been invalu- LIEBERMAN, Mr. GRAHAM, and within our borders. Additionally, the able to this effort. I would also like to Mr. SALAZAR): bill enhances the authority of the De- thank Senator LUGAR, who allowed us S. 1033. A bill to improve border secu- partment of Labor and the Department to incorporate critical international rity and immigration; to the Com- of Homeland Security to conduct ran- border enforcement provisions from his mittee on the Judiciary. dom audits to ensure that employers legislation, the North American Coop- Mr. MCCAIN. Mr. President, after are holding up their end of the bargain. erative Security Act. more than 5 months of work, I am And if they aren’t, they face double Through the collective efforts of a pleased to be joined by Senators KEN- fines. wide range of bipartisan interests in NEDY, BROWNBACK, LIEBERMAN, Make no mistake, this is not an am- both Houses of Congress, not to men- GRAHAM, and SALAZAR in introducing nesty bill. We are not here to reward tion immigration advocacy groups, the Secure America and Orderly Immi- law-breakers, and any accusations to representatives of our Nation’s busi- gration Act. This bipartisan, com- the contrary are patently untrue. This nesses, and several labor unions, this prehensive immigration reform legisla- bill recognizes the problems inherent comprehensive legislation provides a tion is designed to fix our Nation’s bro- in the current system and provides a meaningful direction for how our im- ken immigration system. This land- logical and effective means to address migration system should be reformed, mark legislation would bring common these problems. The reality is, there and our border security strengthened. sense to the current system and pro- are an estimated million undocu- I look forward to working with all in- mote our national security interests. I mented people living and working in terested parties in the important and am equally pleased by the effort of this country. It would be impossible to necessary effort to once and for all re- Congressmen KOLBE, FLAKE, and identify and round up all 10 to 11 mil- form our broken immigration system. GUTIERREZ who are introducing the lion of the current undocumented, and Mr. KENNEDY. Mr. President, it’s an House companion bill. if we did, it would ground our Nation’s honor to join Senator MCCAIN and Con- While in previous years we worked economy to a halt. These millions of gressmen GUTIERREZ, KOLBE, and independently on immigration reform people are working. Aliens will not FLAKE in introducing our bipartisan legislation, we are coming together come forward to simply ‘‘report and de- legislation to reform the Nation’s im- today to introduce what we believe is port.’’ We have a national interest in migration laws. The status quo is unac- groundbreaking, comprehensive legis- identifying these individuals, ceptable, and legislation is urgently lation. Over a year ago, the President incentivizing them to come forward needed to deal with all the inadequa- laid out a framework for what com- out of the shadows, go through security cies in our current law, to end the suf- prehensive immigration reform should background checks, pay back taxes, fering of long-separated families im- look like. We have used the President’s pay penalties for breaking the law, posed by the broken system, and to do framework to craft this package and I learn to speak English, and regularize so in a way that reflects current reali- applaud the President for his leader- their status. Anyone who thinks this ties. ship on this issue. goal can be achieved without providing We must modernize our broken immi- The simple fact is that America’s im- an eventual path to a permanent legal gration system to meet the challenges migration system is broken. Recent status is not serious about solving this of the 21st century. And we need poli- vigilante activities along the south- problem. cies that continue to reflect our best western border have shown that the Part of the failure of the existing values as a nation—fairness, equal op- current situation is not sustainable. system is its inability to provide suffi- portunity, and respect for the rule of Americans are frustrated with our lack cient legal channels to pair willing law. of border security and our inability to workers with willing employers. This One of the mistakes of the past is to control illegal immigration. We have bill establishes a new market-based assume that we can control illegal im- spent billions of dollars on border en- temporary worker program so that migration on our own. A realistic im- forcement. We have sent more, but still when there is no U.S. worker to fill a migration policy must be a two-way not enough, Federal agents to the bor- job, employers will be able to hire will- street. Under our plan, America will do der equipped with sophisticated tech- ing and able foreign workers who have its part, but we expect Mexico and nology. We have worked to harden the gone through security background other nations to do their part, too, to border in key places. And yet, illegal checks, medical exams, and paid a fee replace an illegal immigration flow immigration continues. for their visa. And, by doing away with with regulated, legal immigration. I would like to mention some star- outdated numerical caps on this pro- Our bill will make our immigration tling statistics that demonstrate the gram, this bill recognizes that the policies more realistic and enforceable,

VerDate Aug 04 2004 06:42 May 13, 2005 Jkt 039060 PO 00000 Frm 00163 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.112 S12PT1 S5170 CONGRESSIONAL RECORD — SENATE May 12, 2005 restore legality as the prevailing norm, If there’s any amnesty involved, it’s To further improve border enforce- and make it easier for immigrants to what they have today—an acquiescence ment, the bill improves the security of cooperate with local authorities. It will in their presence, because countless Mexico’s southern border and assesses protect the labor rights of all workers, businesses could not function without the needs of Central American govern- and create an even playing field for them since no American workers can ments in securing their borders. It pro- employers. It will strengthen our econ- be found to fill their jobs. To be eligi- vides a framework for better manage- omy, restore control of our borders, ble for legal status, applicants must ment, communication, coordination, and improve national security. have no criminal or national security and immigration control for all our Much of the Nation’s economy today problems. All will be required to under- governments, and encourages other depends on the hard work and the go rigorous security clearances. Their governments to control alien smug- many contributions of immigrants. names will be checked against the gov- gling and trafficking, prevent the use Many industries depend heavily on im- ernment’s criminal and terrorist data- and manufacture of fraudulent travel migrant labor. These men and women bases, and the applicant’s fingerprints documents, and share relevant infor- enrich our Nation and improve the will be sent to the FBI for a thorough mation. quality of our lives. Yet, millions of to- background check. The bill also encourages so-called cir- day’s immigrant workers are not here It’s long past time to put the under- cular migration patterns. It provides legally. They and their families live ground economy above ground, and rec- for unprecedented cooperation with the shadow lives in constant fear of depor- ognize the reality of immigrants in our governments of the United States, Can- tation, and easy targets for abuse and workforce. It’s the only way to achieve ada, Mexico, and other Central Amer- exploitation by unscrupulous employ- effective enforcement rules to protect ican countries on issues of migration. ers and criminals as well. Many risk and strengthen our labor system, and It asks foreign countries to enter into great danger, and even death, to cross to stabilize our workforce for employ- agreements with the U.S. to help con- our borders. ers. trol the flow of their citizens to jobs in Our bill offers practical solutions to Our bill allows long-term, tax-paying the U.S., with emphasis on encouraging deal with these basic problems. It con- immigrant workers to apply for earned the re-integration of citizens returning tains an earned legalization program adjustment of status. Studies show home. for immigrants who have been working that there are now millions of illegal It also encourages the U.S. govern- in the United States for at least 6 immigrants working in the U.S., and it ment to partner with Mexico to pro- years, a way to reduce the enormous would be irresponsible to continue to mote economic opportunity back home backlog of petitions to unify immi- ignore this hidden past of our economic and reduce the pressure for its citizens grant families, and a revised temporary landscape. to immigrate to the U.S. It encourages worker program. The bill also contains Our bill is also about fairness. It en- partnership between the U.S. and Mex- strict border security and enforcement sures that the rights of all workers are ico on health care, so that we are not provisions, and measures to ensure protected—that the rights to organize, unfairly burdened by the cost of admin- that other countries do their part by to change jobs between employers, and istering health care to Mexican nation- requiring them to help control the flow to have fair wages, fair hours, and fair als. of their citizens to jobs in the United working conditions—cannot be denied. Further, the bill mandates that im- States. Through this legislation, America can migration-related documents issued by We feel the bill is a realistic and be proud again that our Nation pro- DHS be biometric, machine-readable, practical solution to the complex im- tects the safety and rights of all our and tamper-resistant. It creates an migration challenges facing the Nation workers. Employment Eligibility Confirmation for so long, and we’ve worked closely Our legislation is also about pro- System, so that employers can verify with as many interested groups as pos- tecting families. Family unity has al- an employee’s identity and employ- sible to make it fair to all. ways been a fundamental cornerstone Despite our compromises and bipar- ment authorization, and an improved of America’s immigration policy. Yet, tisan solutions, there are some who op- system to collect entry and exit data millions of individuals today are wait- pose these reforms. They misleadingly to determine the status of aliens after ing for immigrant visas to join with categorize our efforts as ‘‘immigrant their arrival to and departure from the their families. amnesty.’’ They refuse to accept that U.S. It protects against immigration Our bill will allow these families to these reforms simply create a legaliza- fraud by improving regulations on who be reunited more quickly and hu- tion program for U.S. workers who may appear in immigration matters. manely. It also removes and amends have already been residing and working Another important component of our unnecessary obstacles in current law in the U.S. It is not a guarantee of citi- bill is its State Criminal Alien Assist- that separate families, such as the affi- zenship, but an opportunity to con- ance Program, to reimburse states for davit-of-support requirements and the tinue working hard, start playing by the direct and indirect costs of incar- rigid bars to admissibility. Our bill the rules, and earn permanent resi- cerating illegal aliens. dency. contains provisions that will expedite We know that these reforms are long And by bringing immigrants out of visas to reunite spouses and children of overdue. The illegal workers here the shadows so they can earn a fair legal immigrants with their loved ones. today are not leaving, and new ones day’s pay for a fair day’s work, we are It also provides measures to clear up continue to come in. A significant part protecting American workers’ rights the backlog of employment-based of the workforce in many sectors of the and wages, too. visas. economy, especially agriculture, is un- The legal status must be earned by In addition, this bill recognizes the documented. Massive deportations are proving past work contributions, mak- need for strong border protection and unrealistic as policy, impractical to ing a substantial future work commit- enforcement as part of immigration re- carry out, and unacceptable to busi- ment, and paying of $2,000 in penalties. form. It directs the Secretary of Home- nesses that rely heavily on their labor. First, workers will receive temporary land Security to develop and imple- Americans want and deserve realistic resident status, based on their past ment a National Strategy for Border solutions to the very real immigration work contributions. To earn permanent Security to coordinate the efforts of problems we face. They don’t want residence, they must work 6 more Federal, State, local, and tribal au- open borders, and they don’t want years. Otherwise, they will be dropped thorities on border management and closed borders. They want smart bor- from the program and required to leave security. The Strategy will identify the ders, which mean fair and realistic im- the country. areas most in need of enforcement and migration laws that can actually be en- It’s not an amnesty for them, be- propose cost-effective ways to defend forced, immigration laws that protect cause they have to earn it. We offer a the border, including better ways of our security, respect our ideals, and fair deal: if they are willing to work technology, improved intelligence- honor our heritage as a Nation of im- hard for us openly, then we’re willing sharing and coordination. It also in- migrants. to do something fair for them. It is the cludes plans to combat human smug- America has been the Promised Land only realistic solution. gling. for generations of immigrants who

VerDate Aug 04 2004 04:37 May 13, 2005 Jkt 039060 PO 00000 Frm 00164 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.114 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5171 have found haven, hope, opportunity KERRY, Mr. KENNEDY, and Mrs. BOXER) Whereas the cowboy is an American icon; and freedom here. Immigrants have al- submitted the following resolution; Whereas to recognize the American cowboy ways been an indispensable part of our which was considered and agreed to: is to acknowledge America’s ongoing com- mitment to an esteemed and enduring code Nation. They have contributed im- S. RES. 137 of conduct; and mensely to our communities, created Whereas approximately 14,000,000 children Whereas the ongoing contributions made new jobs and whole new industries, are in out-of-home care during part or all of by cowboys to their communities should be served in our armed forces, paid their the day so that their parents may work; recognized and encouraged: Now, therefore, taxes, and help make America the con- Whereas the turnover rate of early-child- be it tinuing land of promise it is today. hood educators is approximately 30 percent Resolved, That the Senate— It’s obvious why the Nation’s found- per year because low wages and a lack of (1) designates July 23, 2005, as ‘‘National Day of the American Cowboy’’; and ers chose ‘‘E Pluribus Unum’’—‘‘out of benefits make it difficult to retain high- quality educators; (2) encourages the people of the United many, one’’ as America’s motto two Whereas research has demonstrated that States to observe the day with appropriate centuries ago. These words, chosen by young children require caring relationships ceremonies and activities. Benjamin Franklin, John Adams, and and a consistent presence in their lives for f Thomas Jefferson, referred to their their positive development; ideal that tiny quarreling colonies Whereas the compensation of early-child- SENATE RESOLUTION 139—EX- could be transformed into one Nation, hood educators should be commensurate PRESSING SUPPORT FOR THE with one destiny. That basic ideal ap- with the important job of helping the young WITHDRAWAL OF RUSSIAN plies to individuals as well. Our diver- children of the United States develop the so- TROOPS FROM GEORGIA cial, emotional, physical, and intellectual Mr. REID (for himself, Mr. FRIST, and sity is our greatest strength. skills they need to be ready for school; and We are a Nation of immigrants, and Whereas resources maybe reallocated to Mr. MCCAIN) submitted the following we always will be, and our laws must improve the compensation of early-childhood resolution; which was considered and be true to that proud heritage. Our bi- educators to ensure that quality care and agreed to: partisan bill attempts to do that, and I education are accessible for all families; S. RES. 139 look forward to working with the Ad- Whereas the Center for the Child Care Whereas, on April 9, 1991, the Republic of ministration and our colleagues on Workforce and other early childhood edu- Georgia declared independence from the both sides of the aisle to enact it into cation organizations recognize May 1st as Union of Soviet Socialist Republics; National Child Care Worthy Wage Day: Now, law. Whereas, during December 1991, the Repub- therefore, be it lic of Georgia was internationally recognized f Resolved, That the Senate— as an independent and sovereign country fol- SUBMITTED RESOLUTIONS (1) designate May 1, 2005, as ‘‘National lowing the formal dissolution of the Union of Child Care Worthy Wage Day’’; and Soviet Socialist Republics; (2) calls on the people of the United States Whereas the disposition of former Soviet to observe National Child Care Worthy Wage troops stationed in certain newly inde- SENATE RESOLUTION 136—DESIG- Day by— pendent countries was resolved by 1994 with NATING THE MONTH OF MAY 2005 (A) honoring early-childhood educators and the complete withdrawal of Russian Federa- AS ‘‘NATIONAL DRUG COURT programs in their communities; and tion military personnel from the Republics MONTH’’ (B) working together to resolve the early- of Estonia, Latvia, and Lithuania; childhood educator compensation crisis. Whereas in the years following the restora- Mr. BIDEN (for himself, Mr. SES- tion of Georgian independence, successive f SIONS, and Mr. COBURN) submitted the governments of Georgia sought to negotiate following resolution; which was consid- SENATE RESOLUTION 138—DESIG- the closure of Russian military bases located ered and agreed to: NATING JULY 23, 2005, ‘‘NA- in, and the withdrawal of military personnel S. RES. 136 TIONAL DAY OF THE AMERICAN from, Georgia; Whereas, during the Organization for Secu- Whereas drug courts provide the focus and COWBOY’’ rity and Co-operation in Europe summit at leadership for community-wide, antidrug Istanbul, Turkey in 1999, Georgia and Russia systems, bringing together public safety pro- Mr. THOMAS (for himself, Mr. concluded a bilateral agreement as part of fessionals and other community partners in BURNS, Mr. INHOFE, Mr. DORGAN, Mr. the Adapted Conventional Forces in Europe the fight against drug abuse and criminality; CRAPO, Mr. SALAZAR, Mr. ENZI, Mr. AL- Treaty; Whereas the results of more than 100 pro- LARD, Mr. BAUCUS, Mr. ALLEN, Mr. STE- Whereas as part of such bilateral agree- gram evaluations and at least 3 experimental VENS, Mr. MARTINEZ, Mr. BINGAMAN, ment, which is known as the ‘‘Istanbul Com- studies have yielded definitive evidence that and Mr. CRAIG) submitted the following mitments’’, on November 17, 1999, Russia drug courts increase treatment retention resolution; which was considered and committed to close bases at Gudauta and and reduce substance abuse and crime among agreed to: Vaziani by July 1, 2001, and committed to drug-involved adult offenders; conclude negotiations on bases at Batumi S. RES. 138 Whereas the judges, prosecutors, defense and Akhalkalaki, and all other Russian mili- attorneys, substance abuse treatment and Whereas pioneering men and women, rec- tary facilities during 2000; rehabilitation professionals, law enforce- ognized as cowboys, helped establish the Whereas Russia has failed to fulfill its obli- ment and community supervision personnel, American West; gations under the Istanbul Commitments; researchers and educators, national and com- Whereas that cowboy spirit continues to Whereas more than 3,000 Russian military munity leaders, and others dedicated to the infuse this country with its solid character, personnel remain in Georgia at various bases movement have had a profound impact with- sound family values, and good common and facilities throughout the country; in their communities; and sense; Whereas, during November 2003, the Geor- Whereas the drug court movement has Whereas the cowboy embodies honesty, in- gian people, in the historic ‘‘Rose Revolu- grown from the 12 original drug courts in tegrity, courage, compassion, respect, a tion’’, peacefully protested fraudulent elec- 1994 to 1,621 operational drug courts as of De- strong work ethic, and patriotism; tions resulting in the holding of new elec- cember 2004: Now, therefore, be it Whereas the cowboy loves, lives off of, and tions and the installation of a new govern- Resolved, That the Senate— depends on the land and its creatures, and is ment committed to democracy, the rule of (1) designates the month of May 2005 as an excellent steward, protecting and enhanc- law, observance of human rights, restoration ‘‘National Drug Court Month’’; and ing the environment; of sovereignty, and economic development; (2) encourages the people of the United Whereas the cowboy continues to play a and States and interested groups to observe the significant role in America’s culture and Whereas on March 10, 2005, the democrat- month with appropriate ceremonies and ac- economy; ically elected Parliament of the Republic of tivities. Whereas approximately 800,000 ranchers Georgia passed a measure expressing its dis- f are conducting business in all 50 of these satisfaction with Russia’s continued mili- United States and are contributing to the tary presence in Georgia: Now, therefore, be SENATE RESOLUTION 137—DESIG- economic well being of nearly every county it NATING MAY 1, 2005, AS ‘‘NA- in the Nation; Resolved, That— TIONAL CHILD CARE WORTHY Whereas rodeo is the sixth most-watched (1) it is the sense of the Senate that— WAGE DAY’’ sport in America; (A) the Russian Federation should respect Whereas membership in rodeo and other the territorial integrity and sovereignty of Mr. CORZINE (for himself, Mr. LAU- organizations surrounding the livelihood of a the Republic of Georgia; TENBERG, Mr. BINGAMAN, Mr. DODD, Mr. cowboy transcends race and gender and (B) President Mikheil Saakashvili and the FEINGOLD, Mr. INOUYE, Mr. DURBIN, Mr. spans every generation; Government and people of Georgia deserve

VerDate Aug 04 2004 06:42 May 13, 2005 Jkt 039060 PO 00000 Frm 00165 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.115 S12PT1 S5172 CONGRESSIONAL RECORD — SENATE May 12, 2005 congratulations for the accomplishments Cuba and believes that the Assembly and its (B) observe a moment of reflection on the and successful reforms carried out in Georgia mission will advance freedom and democracy ninth hour of September 9, 2005, to remember since President Mikheil Saakashvili’s inau- for the people of Cuba. that during the 9 months of pregnancy a guration in January 2004, and that the f woman should not consume alcohol. United States should continue to support SENATE RESOLUTION 141—DESIG- such reforms and should encourage and as- f sist Georgia with strengthening its demo- NATING SEPTEMBER 9, 2005, AS ‘‘NATIONAL FETAL ALCOHOL cratic institutions and resolving its sepa- SENATE CONCURRENT RESOLU- ratist conflicts peacefully; and SPECTRUM DISORDERS AWARE- (C) the United States should continue to NESS DAY’’ TION 32—EXPRESSING THE SENSE OF CONGRESS THAT THE support Georgia in its efforts to negotiate an Ms. MURKOWSKI (for herself, Mr. agreement for ending Russia’s military pres- GOVERNMENT OF THE RUSSIAN ence in Georgia, in accordance with Russia’s JOHNSON, Mr. STEVENS, Mr. DURBIN, FEDERATION SHOULD ISSUE A obligations under the bilateral agreement Mr. COLEMAN, Mr. DODD, and Mrs. MUR- CLEAR AND UNAMBIGUOUS made between Russia and Georgia as part of RAY) submitted the following resolu- STATEMENT OF ADMISSION AND the Adapted Conventional Forces in Europe tion; which was considered and agreed CONDEMNATION OF THE ILLE- Treaty known as the ‘‘Istanbul Commit- to: GAL OCCUPATION AND ANNEX- ments’’; and S. RES. 141 ATION BY THE SOVIET UNION (2) the Senate— Whereas the term ‘‘fetal alcohol spectrum (A) supports the efforts of President Bush FROM 1940 TO 1991 OF THE BAL- disorders’’ includes a broader range of condi- TIC COUNTRIES OF ESTONIA, to encourage Russia and Georgia to expedi- tions and therefore has replaced the term tiously reach agreement on the closure of ‘‘fetal alcohol syndrome’’ as the umbrella LATVIA, AND LITHUANIA Russian military bases in, and the with- term describing the range of effects that can Mr. SMITH (for himself, Mrs. FEIN- drawal of military personnel from, Georgia; occur in an individual whose mother drank (B) commends President Bush for being the alcohol during pregnancy; STEIN, and Mr. DURBIN) submitted the first United States President to visit Georgia Whereas fetal alcohol spectrum disorders following concurrent resolution; which since its recognition as an independent and are the leading cause of mental retardation was referred to the Committee on For- sovereign country; and in western civilization, including the United eign Relations: (C) will continue to monitor the situation States, and are 100 percent preventable; in Georgia closely. Whereas fetal alcohol spectrum disorders S. CON. RES. 32 f are a major cause of numerous social dis- Whereas the incorporation in 1940 of the SENATE RESOLUTION 140—EX- orders, including learning disabilities, school Baltic countries of Estonia, Latvia, and PRESSING SUPPORT FOR THE failure, juvenile delinquency, homelessness, Lithuania into the Soviet Union was an act HISTORIC MEETING IN HAVANA unemployment, mental illness, and crime; of aggression carried out against the will of OF THE ASSEMBLY TO PROMOTE Whereas the incidence rate of fetal alcohol sovereign people; syndrome is estimated at 1 out of 500 live Whereas the United States was steadfast in THE CIVIL SOCIETY IN CUBA ON births and the incidence rate of fetal alcohol its policy of not recognizing the illegal So- MAY 20, 2005, AS WELL AS TO spectrum disorders is estimated at 1 out of viet annexation of Estonia, Latvia, and Lith- ALL THOSE COURAGEOUS INDI- every 100 live births; uania; VIDUALS WHO CONTINUE TO AD- Whereas the economic cost of fetal alcohol Whereas the Russian Federation is the suc- VANCE LIBERTY AND DEMOC- syndrome alone to the Nation was cessor state to the Soviet Union; RACY FOR THE CUBAN PEOPLE $5,400,000,000 in 2003 and it is estimated that Whereas the Molotov-Ribbentrop Pact of each individual with fetal alcohol syndrome 1939, including its secret protocols, between Mr. MARTINEZ (for himself and Mr. will cost United States taxpayers between Nazi Germany and the Soviet Union provided NELSON of Florida, Mr. CORZINE, Mr. $1,500,000 and $3,000,000 in his or her lifetime; the Soviet Union with the opportunity to oc- LUGAR, Mr. FEINGOLD, Mr. INHOFE, Mr. Whereas in February 1999, a small group of cupy and annex Estonia, Latvia, and Lith- BAYH, Mr. DEWINE, Mr. LAUTENBERG, parents of children who suffer from fetal al- uania; Mr. SANTORUM, Mr. SALAZAR, Mr. cohol spectrum disorders came together with Whereas the occupation brought countless COBURN, Mr. LIEBERMAN, Mr. MCCAIN, the hope that in 1 magic moment the world suffering to the Baltic peoples through ter- Mr. CRAIG, Mrs. DOLE, Mr. ENSIGN, Mr. could be made aware of the devastating con- ror, killings, and deportations to Siberian concentration camps; VITTER, and Mr. ALLEN) submitted the sequences of alcohol consumption during following resolution; which was re- pregnancy; Whereas the peoples of Estonia, Latvia, Whereas the first International Fetal Alco- and Lithuania bravely resisted Soviet ag- ferred to the Committee on Foreign hol Syndrome Awareness Day was observed gression first through armed resistance Relations: on September 9, 1999; movements and later through political re- S. RES. 140 Whereas Bonnie Buxton of Toronto, Can- sistance movements; Whereas on May 20, 1902, the Republic of ada, the co-founder of the first International Whereas the Government of Germany re- Cuba obtained its independence; Fetal Alcohol Syndrome Awareness Day, nounced its participation in the Molotov- Whereas in the spirit of Jose Marti, many asked ‘‘What if . . . a world full of FAS/E Ribbentrop Pact of 1939 and publicly apolo- of the future leaders of a free Cuba have [Fetal Alcohol Syndrome/Effect] parents all gized for the destruction and terror that called for a meeting of the Assembly of the got together on the ninth hour of the ninth Nazi Germany unleashed on the world; Civil Society in Cuba, an organization that day of the ninth month of the year and asked Whereas, in 1989, the Congress of Peoples’ consists of over 360 dissident and civil soci- the world to remember that during the 9 Deputies of the Soviet Union declared the ety groups in Cuba; months of pregnancy a woman should not Molotov-Ribbentrop Pact of 1939 void; Whereas, on May 20, 2005, the Assembly to consume alcohol . . . would the rest of the Whereas the illegal occupation and annex- Promote the Civil Society in Cuba seeks to world listen?’’; and ation of the Baltic countries is one of the convene a historic meeting in Havana on the Whereas on the ninth day of the ninth largest remaining unacknowledged incidents 103rd anniversary of Cuban Independence; month of each year since 1999, communities of oppression in Russian history; and around the world have observed Inter- Whereas a declaration of acknowledgment Whereas the Assembly to Promote the national Fetal Alcohol Syndrome Awareness of such incident by the Russian Federation Civil Society in Cuba will focus on bringing Day: Now, therefore, be it would lead to improved relations between democracy and liberty to the island of Cuba: Resolved, That the Senate— the people of Estonia, Latvia, and Lithuania Now, therefore, be it (1) designates September 9, 2005, as ‘‘Na- and the people of Russia, would form the Resolved, That the Senate— tional Fetal Alcohol Spectrum Disorders basis for improved relations between the (1) extends its support and solidarity to the Awareness Day’’; and governments of the countries, and strength- participants of the historic meeting, in Ha- (2) calls upon the people of the United en stability in the region; vana, of the Assembly to Promote the Civil States to— Whereas the Russian Federation is to be Society in Cuba on May 20, 2005; (A) observe National Fetal Alcohol Spec- commended for beginning to acknowledge (2) urges the international community to trum Disorders Awareness Day with appro- grievous and regrettable incidents in their support the Assembly and its mission to priate ceremonies to— history, such as admitting complicity in the bring democracy and human rights to Cuba; (i) promote awareness of the effects of pre- massacre of Polish soldiers in the Katyn For- (3) encourages the international commu- natal exposure to alcohol; est in 1940; nity to oppose any attempts by the Cuban (ii) increase compassion for individuals af- Whereas the truth is a powerful weapon for government to repress, punish, or intimidate fected by prenatal exposure to alcohol; healing, forgiving, and reconciliation, but its the organizers and participants of the As- (iii) minimize further effects of prenatal absence breeds distrust, fear, and hostility; sembly; and exposure to alcohol; and and (4) shares the pro-democracy ideals of the (iv) ensure healthier communities across Whereas countries that cannot clearly Assembly to Promote the Civil Society in the United States; and admit their historical mistakes and make

VerDate Aug 04 2004 06:51 May 13, 2005 Jkt 039060 PO 00000 Frm 00166 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.110 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5173 peace with their pasts cannot successfully SA 754. Mr. LAUTENBERG submitted an ‘‘(B) An itemized list of all waivers granted build their futures: Now, therefore, be it amendment intended to be proposed to with respect to such articles, materials, or Resolved by the Senate (the House of Rep- amendment SA 639 submitted by Mr. LAU- supplies under this Act. resentatives concurring), That it is the sense TENBERG and intended to be proposed to the ‘‘(C) A summary of— of Congress that the Government of the Rus- bill H.R. 3, supra; which was ordered to lie on ‘‘(i) the total procurement funds expended sian Federation should issue a clear and un- the table. on articles, materials, and supplies manufac- ambiguous statement of admission and con- SA 755. Mr. LEVIN (for himself and Ms. tured inside the United States; and demnation of the illegal occupation and an- STABENOW) submitted an amendment in- ‘‘(ii) the total procurement funds expended nexation by the Soviet Union from 1940 to tended to be proposed to amendment SA 725 on articles, materials, and supplies manufac- 1991 of the Baltic countries of Estonia, Lat- proposed by Mr. SANTORUM (for himself and tured outside the United States. via, and Lithuania, the consequence of which Mr. SPECTER) to the amendment SA 605 pro- ‘‘(3) PUBLIC AVAILABILITY.—The head of will be a significant increase in good will posed by Mr. INHOFE to the bill H.R. 3, supra each Federal agency submitting a report among the affected peoples and enhanced re- . under paragraph (1) shall make the report gional stability. SA 756. Mrs. CLINTON (for herself and Mr. publicly available by posting on an Internet f INHOFE) submitted an amendment intended website.’’. to be proposed to amendment SA 681 pro- AMENDMENTS SUBMITTED AND posed by Mrs. CLINTON to the amendment SA SA 696. Mr. SARBANES submitted an PROPOSED 605 proposed by Mr. INHOFE to the bill H.R. 3, amendment intended to be proposed to SA 743. Mr. BAUCUS submitted an amend- supra; which was ordered to lie on the table. amendment SA 605 proposed by Mr. ment intended to be proposed to amendment SA 757. Mr. GRASSLEY submitted an INHOFE to the bill H.R. 3, to authorize SA 713 proposed by Mr. BAUCUS to the amendment intended to be proposed to funds for Federal-aid highways, high- BAMA amendment SA 605 proposed by Mr. INHOFE amendment SA 670 proposed by Mr. O way safety programs, and transit pro- to the bill H.R. 3, to authorize funds for Fed- (for himself, Mr. COLEMAN, Mr. LUGAR, Mr. grams, and for other purposes; which eral-aid highways, highway safety programs, DURBIN, Mr. HARKIN, Mr. SALAZAR, Mr. BAYH, was ordered to lie on the table; as fol- Mr. TALENT, and Mr. DAYTON) to the amend- and transit programs, and for other purposes; lows: ment SA 605 proposed by Mr. INHOFE to the which was ordered to lie on the table. At the end of the amendment add the fol- SA 744. Mr. FEINGOLD submitted an bill H.R. 3, supra; which was ordered to lie on lowing: amendment intended to be proposed to the table. SA 758. Mr. SCHUMER (for himself and SEC. ll. TRANSIT PASS TRANSPORTATION amendment SA 676 submitted by Mr. FEIN- FRINGE BENEFITS. GOLD and intended to be proposed to the Mrs. CLINTON) submitted an amendment in- tended to be proposed to amendment SA 647 (a) TRANSIT PASS TRANSPORTATION FRINGE amendment SA 605 proposed by Mr. INHOFE BENEFITS STUDY.— to the bill H.R. 3, supra; which was ordered submitted by Mr. SESSIONS and intended to be proposed to the amendment SA 605 pro- (1) STUDY.—The Secretary of Transpor- to lie on the table. tation shall conduct a study on tax-free SA 745. Mr. INHOFE submitted an amend- posed by Mr. INHOFE to the bill H.R. 3, supra; which was ordered to lie on the table. transit benefits and ways to promote im- ment intended to be proposed to amendment proved access to and increased usage of such SA 652 submitted by Mr. DORGAN (for himself SA 759. Mr. SPECTER submitted an amendment intended to be proposed to benefits, at Federal agencies in the National and Mr. REID) to the amendment SA 605 pro- Capital Region, including agencies not cur- posed by Mr. INHOFE to the bill H.R. 3, supra; amendment SA 605 proposed by Mr. INHOFE to the bill H.R. 3, supra; which was ordered rently offering the benefit. which was ordered to lie on the table. (2) CONTENT.—The study under this sub- SA 746. Mr. BYRD submitted an amend- to lie on the table. SA 760. Mr. VOINOVICH (for himself and section shall include— ment intended to be proposed by him to the (A) an examination of how agencies offer- bill H.R. 3, supra; which was ordered to lie on Mr. DEWINE) submitted an amendment in- tended to be proposed to amendment SA 605 ing the benefit make its availability known the table. to their employees and the methods agencies SA 747. Mr. BYRD submitted an amend- proposed by Mr. INHOFE to the bill H.R. 3, use to deliver the benefit to employees, in- ment intended to be proposed by him to the supra; which was ordered to lie on the table. cluding examples of best practices; and bill H.R. 3, supra; which was ordered to lie on f (B) an analysis of the impact of Federal the table. employees’ use of transit on traffic conges- SA 748. Mr. BYRD submitted an amend- TEXT OF AMENDMENTS tion and pollution in the National Capital ment intended to be proposed to amendment MAY 11, 2005 Region. SA 683 submitted by Mr. WARNER and in- (3) REPORT.—Not later than 180 days after tended to be proposed to the amendment SA the date of enactment of this Act, the Sec- 605 proposed by Mr. INHOFE to the bill H.R. 3, SA 695. Mr. FEINGOLD submitted an retary shall submit a report to Congress on supra; which was ordered to lie on the table. amendment intended to be proposed to SA 749. Ms. SNOWE submitted an amend- the results of the study under this sub- amendment SA 605 proposed by Mr. section. ment intended to be proposed by her to the INHOFE to the bill H.R. 3, to authorize (b) AUTHORITY TO USE GOVERNMENT VEHI- bill H.R. 3, supra; which was ordered to lie on funds for Federal-aid highways, high- CLES TO TRANSPORT FEDERAL EMPLOYEES BE- the table. TWEEN THEIR PLACE OF EMPLOYMENT AND SA 750. Mr. LOTT (for himself and Mr. way safety programs, and transit pro- MASS TRANSIT FACILITIES.— INOUYE) submitted an amendment intended grams, and for other purposes; which (1) IN GENERAL.—Section 1344 of title 31, to be proposed to amendment SA 611 pro- was ordered to lie on the table; as fol- United States Code, is amended— LLEN (for himself and Mr. EN- posed by Mr. A lows: (A) by redesignating subsections (g) and (h) At the end of subtitle H of title I, insert SIGN) to the amendment SA 605 proposed by as subsections (h) and (i), respectively; and the following: Mr. INHOFE to the bill H.R. 3, supra; which (B) by inserting after subsection (f) the fol- was ordered to lie on the table. SEC. 1830. ANNUAL REPORT ON ACQUISITIONS OF lowing: SA 751. Mr. DEWINE submitted an amend- ARTICLES, MATERIALS, AND SUP- ‘‘(g)(1) A passenger carrier may be used to ment intended to be proposed to amendment PLIES MANUFACTURED OUTSIDE transport an officer or employee of a Federal THE UNITED STATES. SA 639 submitted by Mr. LAUTENBERG and in- agency between the officer’s or employee’s Section 2 of the Buy American Act (41 tended to be proposed to the bill H.R. 3, place of employment and a mass transit fa- supra; which was ordered to lie on the table. U.S.C. 10a) is amended— cility (whether or not publicly owned) in ac- SA 752. Mr. OBAMA (for himself, Mr. COLE- (1) by striking ‘‘Notwithstanding’’ and in- cordance with succeeding provisions of this MAN, Mr. LUGAR, Mr. DURBIN, Mr. HARKIN, serting the following: subsection. Mr. SALAZAR, Mr. BAYH, Mr. TALENT, Mr. ‘‘(a) IN GENERAL.—Notwithstanding’’; and ‘‘(2) Notwithstanding section 1343, a Fed- DAYTON, and Mr. NELSON of Nebraska) sub- (2) by adding at the end the following: eral agency that provides transportation mitted an amendment intended to be pro- ‘‘(c) REPORTS.— services under this subsection (including by posed by him to the bill H.R. 3, supra; which ‘‘(1) IN GENERAL.—Not later than 180 days passenger carrier) shall absorb the costs of was ordered to lie on the table. after the end of each fiscal year, the head of such services using any funds available to SA 753. Mr. OBAMA (for himself, Mr. COLE- each Federal agency shall submit to Con- such agency, whether by appropriation or MAN, Mr. LUGAR, Mr. DURBIN, Mr. HARKIN, gress a report on the acquisitions that were otherwise. Mr. SALAZAR, Mr. BAYH, Mr. TALENT, Mr. made of articles, materials, or supplies by ‘‘(3) In carrying out this subsection, a Fed- DAYTON, and Mr. NELSON of Nebraska) sub- the agency in that fiscal year from entities eral agency shall— mitted an amendment intended to be pro- that manufacture the articles, materials, or ‘‘(A) to the maximum extent practicable, posed to amendment SA 670 proposed by Mr. supplies outside the United States. use alternative fuel vehicles to provide OBAMA (for himself, Mr. COLEMAN, Mr. ‘‘(2) CONTENT OF REPORT.—The report for a transportation services; LUGAR, Mr. DURBIN, Mr. HARKIN, Mr. fiscal year under paragraph (1) shall sepa- ‘‘(B) to the extent consistent with the pur- SALAZAR, Mr. BAYH, Mr. TALENT, and Mr. rately indicate the following information: poses of this subsection, provide transpor- DAYTON) to the amendment SA 605 proposed ‘‘(A) The dollar value of any articles, mate- tation services in a manner that does not re- by Mr. INHOFE to the bill H.R. 3, supra; which rials, or supplies that were manufactured sult in additional gross income for Federal was ordered to lie on the table. outside the United States. income tax purposes; and

VerDate Aug 04 2004 06:42 May 13, 2005 Jkt 039060 PO 00000 Frm 00167 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.121 S12PT1 S5174 CONGRESSIONAL RECORD — SENATE May 12, 2005

‘‘(C) coordinate with other Federal agen- ‘‘(d) EXEMPTION FROM REPORTING REQUIRE- tus’ for the Appalachian development high- cies to share, and otherwise avoid duplica- MENTS.—Section 6041 shall not apply with re- way system program in all States. tion of, transportation services provided spect to reimbursements excluded from in- ‘‘(d) FEDERAL SHARE.—The Federal share of under this subsection. come under subsection (a).’’. the cost of carrying out any project or activ- ‘‘(4) For purposes of any determination ity using funds allocated under the program under chapter 81 of title 5, an individual SA 745. Mr. INHOFE submitted an shall be 80 percent. shall not be considered to be in the ‘perform- amendment intended to be proposed to ‘‘(e) FUNDING.— ance of duty’ by virtue of the fact that such amendment SA 652 submitted by Mr. ‘‘(1) IN GENERAL.—There shall be available individual is receiving transportation serv- to the Secretary to carry out this section, DORGAN (for himself and Mr. REID) to from the Highway Trust Fund (other than ices under this subsection. the amendment SA 605 proposed by Mr. ‘‘(5)(A) The Administrator of General Serv- the Mass Transit Account), $650,000,000 for INHOFE to the bill H.R. 3, to authorize ices, after consultation with the National the period of fiscal years 2005 through 2009, of Capital Planning Commission and other ap- funds for Federal-aid highways, high- which— propriate agencies, shall prescribe any regu- way safety programs, and transit pro- ‘‘(A) $130,000,000 shall be for fiscal year lations necessary to carry out this sub- grams, and for other purposes; which 2005; ‘‘(B) $130,000,000 shall be for fiscal year 2006; section. was ordered to lie on the table; as fol- ‘‘(C) $130,000,000 shall be for fiscal year 2007; ‘‘(B) Transportation services under this lows: ‘‘(D) $130,000,000 shall be for fiscal year subsection shall be subject neither to the Strike all of page 2 and insert the fol- 2008; and last sentence of subsection (d)(3) nor to any lowing: ‘‘(E) $130,000,000 shall be for fiscal year 2009. regulations under the last sentence of sub- ‘‘(b) The Secretary of Energy shall direct ‘‘(2) OBLIGATION, ELIGIBILITY, AND AVAIL- section (e)(1). the National Petroleum Council to conduct ABILITY.—Funds authorized to be appro- ‘‘(6) In this subsection, the term ‘passenger an evaluation and analysis determining the priated under section 1101(16) of the Safe, Ac- carrier’ means a passenger motor vehicle, extent to which environmental and other countable, Flexible, and Efficient Transpor- aircraft, boat, ship, or other similar means regulations detrimentally affect new domes- tation Equity Act of 2004 and made available of transportation that is owned or leased by tic refinery construction and significant ex- under paragraph (1) to carry out this sec- the United States Government or the gov- pansion of existing refinery capacity.’’ tion— ernment of the District of Columbia.’’. ‘‘(c) REPORTS TO CONGRESS.— ‘‘(A) shall be available for obligation by (2) FUNDS FOR MAINTENANCE, REPAIR, ETC.— (1) On completion of the investigation the Secretary in the same manner as if the Subsection (a) of section 1344 of title 31, under subsection (a), the Federal Trade Com- funds were apportioned under this chapter; United States Code, is amended by adding at mission shall submit to Congress a report ‘‘(B) shall not be considered in determining the end the following: that describes— the eligibility of any State to receive funds ‘‘(3) For purposes of paragraph (1), the (A) the results of the investigation; and under section 105 or any other and any ap- transportation of an individual between such (B) any recommendations of the Federal portioned formula program including the eq- individual’s place of employment and a mass Trade Commission uity bonus program; and transit facility pursuant to subsection (g) is (2) On completion of the evaluation and ‘‘(C) shall remain available until ex- transportation for an official purpose.’’. analysis under subsection (b), the Secretary pended.’’. (3) COORDINATION.—The authority to pro- shall submit to Congress a report that de- (b) CONFORMING AMENDMENT.—The analysis vide transportation services under section scribes— for subchapter I of chapter 1 of title 23, 1344(g) of title 31, United States Code (as (A) the results of the evaluation and anal- United States Code (as amended by section amended by paragraph (1)) shall be in addi- ysis; 1815(b)), is amended by adding at the end of tion to any authority otherwise available to (B) any recommendations of the National the following: the agency involved. Petroleum Council.’’ ‘‘178. Appalachian development highway system completion program.’’. f SA 746. Mr. BYRD submitted an TEXT OF AMENDMENTS amendment intended to be proposed by SA 747. Mr. BYRD submitted an him to the bill H.R. 3, to authorize amendment intended to be proposed by SA 743. Mr. BAUCUS submitted an funds for Federal-aid highways, high- him to the bill H.R. 3, to authorize amendment intended to be proposed to way safety programs, and transit pro- funds for Federal-aid highways, high- amendment SA 713 proposed by Mr. grams, and for other purposes; which way safety programs, and transit pro- BAUCUS to the amendment SA 605 pro- was ordered to lie on the table; as fol- grams, and for other purposes; which posed by Mr. INHOFE to the bill H.R. 3, lows: was ordered to lie on the table; as fol- to authorize funds for Federal-aid high- At the appropriate place, insert the fol- lows: ways, highway safety programs, and lowing: At the appropriate place, insert the fol- transit programs, and for other pur- SEC. 1816. APPALACHIAN DEVELOPMENT HIGH- lowing: poses; which was ordered to lie on the WAY SYSTEM COMPLETION PRO- SEC. 1816. APPALACHIAN DEVELOPMENT HIGH- table; as follows: GRAM. WAY SYSTEM COMPLETION PRO- On page 270, following the matter on line (a) IN GENERAL.—Subchapter I of chapter 1 GRAM. (a) IN GENERAL.—Subchapter I of chapter 1 15, insert the following: of title 23, United States Code (as amended of title 23, United States Code (as amended (d) In addition to other eligible uses, the by section 1815(a)), is amended by adding at by section 1815(a)), is amended by adding at State of Montana may use funds apportioned the end the following: the end the following: under section 104(b)(2) for the operation of ‘‘§ 178. Appalachian development highway public transit activities that serve a non- system completion program ‘‘§ 178. Appalachian development highway attainment or maintenance area. ‘‘(a) IN GENERAL.—The Secretary shall system completion program carry out a program, to be known as the ‘Ap- (a) IN GENERAL.—The Secretary shall carry SA 744. Mr. FEINGOLD submitted an palachian development highway system com- out a program, to be known as the ‘Appa- amendment intended to be proposed to pletion program’ (referred to in this section lachian development highway system com- amendment SA 676 submitted by Mr. as the ‘program’), to allocate capital funding pletion program’ (referred to in this section to expedite the completion of ‘ready-to-go’ as the ‘program’), to allocate capital funding FEINGOLD and intended to be proposed segments of the Appalachian development to expedite the completion of ‘ready-to-go’ to the amendment SA 605 proposed by highway system. segments of the Appalachian development Mr. INHOFE to the bill H.R. 3, to au- ‘‘(b) ELIGIBLE ACTIVITIES.—A State that re- highway system. thorize funds for Federal-aid highways, ceives an allocation of funds under this sec- (b) ELIGIBLE ACTIVITIES.—A State that re- highway safety programs, and transit tion shall use the funds to construct high- ceives an allocation of funds under this sec- programs, and for other purposes; ways and access roads in accordance with tion shall use the funds to construct high- which was ordered to lie on the table; chapter 145 of title 40. ways and access roads in accordance with ‘‘(c) ALLOCATION OF FUNDS.—The Secretary chapter 145 of title 40. as follows: shall allocate funds under the program to (c) ALLOCATION OF FUNDS.—The Secretary On page 2, strike lines 15 through 22, and each State based on the proportion that, shall allocate funds under the program to insert the following: under the most recent published report of each State all counties of which are located, ‘‘(b) APPLICATION TO VOLUNTEER SERVICES the Appalachian Regional Commission under as of the date of enactment of this section, ONLY.—Subsection (a) shall not apply with section 14501 of title 40— within the established 13-State Appalachian respect to any expenses relating to the per- ‘‘(1) the cost of construction of highways region, as determined by the Appalachian formance of services for compensation. and access roads that are in ‘final design sta- Regional Commission. ‘‘(c) NO DOUBLE BENEFIT.—A taxpayer may tus’ for the Appalachian development high- (d) FEDERAL SHARE.—The Federal share of not claim a deduction or credit under any way system program in the State; bears to the cost of carrying out any project or activ- other provision of this title with respect to ‘‘(2) the cost of construction of highways ity using funds allocated under the program the expenses under subsection (a). and access roads that are in ‘final design sta- shall be 80 percent.

VerDate Aug 04 2004 04:46 May 13, 2005 Jkt 039060 PO 00000 Frm 00168 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.117 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5175 (e) FUNDING.— bill H.R. 3, to authorize funds for Fed- equal to 250 percent of the amount of funds (1) IN GENERAL.—There shall be available eral-aid highways, highway safety pro- apportioned to the State under section 402(c) to the Secretary to carry out this section, grams, and transit programs, and for of this title for fiscal year 2003. The Sec- from the Highway Trust Fund (other than other purposes; which was ordered to retary may award the grant in up to 4 in- the Mass Transit Account), $300,000,000 for stallments over a period of 4 fiscal years be- the period of fiscal years 2005 through 2009, of lie on the table; as follows: ginning with fiscal year 2006. which— In lieu of the matter proposed to be in- ‘‘(d) ALLOCATION OF UNUSED GRANT (A) $60,000,000,000 shall be for fiscal year serted, insert the following: FUNDS.—The Secretary shall make addi- 2005; (a) IN GENERAL.—Section 405 is amended to tional grants under this section of any (B) $60,000,000,000 shall be for fiscal year read as follows: amounts available for grants under this sec- 2006; ‘‘§ 405. Safety belt performance grants tion that, on July 1, 2009, are neither obli- (C) $60,000,000,000 shall be for fiscal year ‘‘(a) IN GENERAL.—The Secretary of Trans- gated nor expended.The additional grants 2007; portation shall make grants to States in ac- made under this subsection shall be allo- (D) $60,000,000,000 shall be for fiscal year cordance with the provisions of this section cated among all States that, as of that date, 2008; and to encourage the enactment and enforcement have enacted, have in effect, and are enforc- (E) $60,000,000,000 shall be for fiscal year ing primary safety belt laws for all passenger 2009. of laws requiring the use of safety belts in passenger motor vehicles. motor vehicles. The allocations shall be (2) OBLIGATION, ELIGIBILITY, AND AVAIL- ‘‘(b) GRANTS FOR ENACTING PRIMARY SAFE- made in accordance with the formula for ap- ABILITY.—Funds authorized to be appro- TY BELT USE LAWS.— portioning funds among the States under priated under section 1101(16) of the Safe, Ac- section 402(c) of this title. countable, Flexible, and Efficient Transpor- ‘‘(1) IN GENERAL.—The Secretary shall make a single grant to each State that ei- ‘‘(e) USE OF GRANT FUNDS.— tation Equity Act of 2004 and made available ‘‘(1) IN GENERAL.—Subject to paragraph (2), under paragraph (1) to carry out this sec- ther— ‘‘(A) enacts for the first time after Decem- a State may use a grant under this section tion— for any safety purpose under this title or for (A) shall be available for obligation by the ber 31, 2002, and has in effect and is enforcing a conforming primary safety belt use law for any project that corrects or improves a haz- Secretary in the same manner as if the funds ardous roadway location or feature or were apportioned under this chapter; all passenger motor vehicles; or ‘‘(B) in the case of a State that does not proactively addresses highway safety prob- (B) shall not be considered in determining lems, including— the eligibility of any State to receive funds have such a primary safety belt use law, has a State safety belt use rate for each of the 2 ‘‘(A) intersection improvements; under section 105 or any other apportioned ‘‘(B) pavement and shoulder widening; formula program including the equity bonus calendar years immediately preceding the fiscal year of a grant of 85 percent or more, ‘‘(C) installation of rumble strips and other program; and warning devices; (C) shall remain available until ex- as measured under criteria determined by the Secretary. ‘‘(D) improving skid resistance; pended.’’. ‘‘(E) improvements for pedestrian or bicy- (b) CONFORMING AMENDMENT.—The analysis ‘‘(2) AMOUNT.—The amount of a grant available to a State in fiscal year 2006 or in clist safety; for subchapter I of chapter 1 of title 23, ‘‘(I) railway-highway crossing safety; United States Code (as amended by section a subsequent fiscal year under paragraph (1) of this subsection is equal to 500 percent of ‘‘(G) traffic calming; 1815(b)), is amended by adding at the end the ‘‘(H) the elimination of roadside obstacles; the amount apportioned to the State for fis- following: ‘‘(I) improving highway signage and pave- cal year 2003 under section 402(c) of this title. 178. Appalachian development highway sys- ment marking; ‘‘(3) JULY 1 CUT-OFF.—For the purpose of tem completion program.’’. ‘‘(J) installing priority control systems for determining the eligibility of a State for a emergency vehicles at signalized intersec- grant under paragraph (l)(A), a primary safe- SA 748. Mr. BYRD submitted an tions; ty belt use law enacted after June 30th of amendment intended to be proposed to ‘‘(K) installing traffic control or warning any year shall— amendment SA 683 submitted by Mr. devices at locations with high accident po- ‘‘(A) not be considered to have been en- tential; WARNER and intended to be proposed to acted in the Federal fiscal year in which that ‘‘(L) safety-conscious planning; and the amendment SA 605 proposed by Mr. June 30th falls; but ‘‘(M) improving crash data collection and INHOFE to the bill H.R. 3, to authorize ‘‘(B) be considered as if it were enacted analysis. funds for Federal-aid highways, high- after the beginning of the next Federal fiscal ‘‘(2) SAFETY ACTIVITY REQUIREMENT.—Not- year. way safety programs, and transit pro- withstanding paragraph (1), the Secretary ‘‘(4) SHORTFALL.—If the total amount of grams, and for other purposes; which shall ensure that at least $1,000,000 of grants provided for by this subsection for a was ordered to lie on the table; as fol- amounts received by States under this sec- fiscal year exceeds the amount of funds tion are obligated or expended for safety ac- lows: available for such grants for that fiscal year, tivities under this chapter. At the appropriate place, insert the fol- then the Secretary shall make grants under ‘‘(3) SUPPORT ACTIVITY.—The Secretary or lowing: this subsection to States in the order in his designee may engage in activities with (b) Coalfields Expressway, West Virginia.— which— States and State legislators to consider pro- (1) DESIGNATION.—Except as provided in ‘‘(A) the primary safety belt use law came posals related to safety belt use laws. paragraph (2), there is designated as an addi- into effect; or ‘‘(f) CARRY FORWARD OF EXCESS FUNDS.—If tion to the Appalachian Development High- ‘‘(B) the State’s safety belt use rate was 85 the amount available for grants under this way System in the State of West Virginia, percent or more for 2 consecutive calendar section for any fiscal year exceeds the sum of the Coalfields Expressway from Paynesville, years (as measured by criteria determined by the grants made under this section for that West Virginia to Beckley, West Virginia. the Secretary), (2) MODIFICATION OF MILEAGE.—Section fiscal year, the excess amount and 14501(a) of title 40, United States Code, is whichever first occurs. obligational authority shall be carried for- ‘‘(5) CATCH-UP GRANTS.—The Secretary amended in the second sentence by striking ward and made available for grants under shall make a grant to any State eligible for ‘‘3,090’’ and inserting ‘‘3,153.’’. this section in the succeeding fiscal year. a grant under this subsection that did not re- ‘‘(g) FEDERAL SHARE.—The Federal share SA 749. Ms. SNOWE submitted an ceive a grant for a fiscal year because of the payable for grants under this subsection is application of paragraph (4), in the next fis- 100 percent. amendment intended to be proposed by cal year if the State’s primary safety belt her to the bill H.R. 3, to authorize ‘‘(h) PASSENGER MOTOR VEHICLE DEFINED.— use law remains in effect or its safety belt In this section, the term ‘passenger motor funds for Federal-aid highway safety use rate is 85 percent or more for the 2 con- vehicle’ means— programs, and transit programs, and secutive calendar years preceding such next ‘‘(1) a passenger car, for other purposes; which was ordered fiscal year (subject to paragraph (4)). ‘‘(2) a pickup truck, to lie on the table; as follows: ‘‘(c) GRANTS FOR PRE-2003 LAWS.—To the ‘‘(3) a van, minivan, or sport utility vehi- On page 1, line 8, strike ‘‘in the State of extent that amounts made available for any cle, with a gross vehicle weight rating of less Maine’’ and insert ‘‘in the State of Maine of fiscal years 2006 through 2009 exceed the than 10,000 pounds.’’ . (including the area designated as the Maine total amounts to be awarded under sub- Turnpike)’’. section (b) for the fiscal year, including SA 751. Mr. DEWINE submitted an amounts to be awarded for catch-up grants amendment intended to be proposed to SA 750. Mr. LOTT (for himself and under subsection (b)(5), the Secretary shall amendment SA 639 submitted by Mr. make a single grant to each State that en- Mr. INOUYE) submitted an amendment LAUTENBERG and intended to be pro- acted, has in effect, and is enforcing a pri- intended to be proposed to amendment mary safety belt use law for all passenger posed to the bill H.R. 3, to authorize SA 611 proposed by Mr. ALLEN (for him- motor vehicles that was in effect before Jan- funds for Federal-aid highways, high- self and Mr. ENSIGN) to the amendment uary 1, 2003. The amount of a grant available way safety programs, and transit pro- SA 605 proposed by Mr. INHOFE to the to a State under this subsection shall be grams, and for other purposes; which

VerDate Aug 04 2004 06:42 May 13, 2005 Jkt 039060 PO 00000 Frm 00169 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.122 S12PT1 S5176 CONGRESSIONAL RECORD — SENATE May 12, 2005 was ordered to lie on the table; as fol- ‘‘(2) RESIDENTIAL ALTERNATIVE FUEL VEHI- (3) Section 6501(m) is amended by inserting lows: CLE REFUELING PROPERTY.—The term ‘resi- ‘‘30B(f)(5),’’ after ‘‘30(d)(4),’’. In lieu of the matter proposed to be in- dential alternative fuel vehicle refueling (4) The table of sections for subpart B of serted insert the following: property’ means qualified alternative fuel part IV of subchapter A of chapter 1 is vehicle refueling property which is installed amended by inserting after the item relating SEC. .—SENSE OF THE SENATE REAFFIRMING SUPPORT FOR CURRENT FEDERAL on property which is used as the principal to section 30A the following new item: LIMITATIONS ON TRUCK SIZE AND residence (within the meaning of section 121) ‘‘Sec. 30B. Alternative fuel vehicle re- WEIGHT of the taxpayer. fueling property credit.’’. ‘‘(3) RETAIL ALTERNATIVE FUEL VEHICLE RE- FINDINGS.—Congress finds that— (c) EFFECTIVE DATE.—The amendments On March 11, 1998, the Senate agreed unani- FUELING PROPERTY.—The term ‘retail alter- made by this section shall apply to property mously to a resolution reaffirming limita- native fuel vehicle refueling property’ means placed in service after the date of the enact- tions on the length and weight of commer- qualified alternative fuel vehicle refueling ment of this Act, in taxable years ending cial motor vehicles as part of S. 1173, the property which is of a character subject to after such date. Intermodal Surface Transportation Effi- an allowance for depreciation. SEC. 5310. MODIFICATION OF RECAPTURE RULES ciency Act of 1997; ‘‘(d) APPLICATION WITH OTHER CREDITS.— In 2000, the United States Department of FOR AMORTIZABLE SECTION 197 IN- The credit allowed under subsection (a) for TANGIBLES. Transportation released the Comprehensive any taxable year shall not exceed the excess (a) IN GENERAL.—Subsection (b) of section Truck Size and Weight Study, which raised (if any) of— 1245 is amended by adding at the end the fol- new safety, infrastructure and cost recovery ‘‘(1) the regular tax for the taxable year re- lowing new paragraph: concerns about lifting limitations on the duced by the sum of the credits allowable ‘‘(9) DISPOSITION OF AMORTIZABLE SECTION length and weight of commercial motor vehi- under subpart A and sections 27, 29, and 30, 197 INTANGIBLES.— cles; over ‘‘(A) IN GENERAL.—If a taxpayer disposes of In 2004, the United States Department of ‘‘(2) the tentative minimum tax for the more than 1 amortizable section 197 intan- Transportation released the Western Uni- taxable year. gible (as defined in section 197(c)) in a trans- formity Scenario Analysis report, which ‘‘(e) CARRYFORWARD ALLOWED.— action or a series of related transactions, all stated the Department does not favor change ‘‘(1) IN GENERAL.—If the credit amount al- such amortizable 197 intangibles shall be in federal truck size and weight policy; that lowable under subsection (a) for a taxable treated as 1 section 1245 property for pur- nationwide, the Department believes an ap- year exceeds the amount of the limitation poses of this section. propriate balance has been struck on truck under subsection (d) for such taxable year, ‘‘(B) EXCEPTION.—Subparagraph (A) shall size and weight; and that the Department op- such excess shall be allowed as a credit not apply to any amortizable section 197 in- poses a piecemeal approach to truck size and carryforward for each of the 20 taxable years tangible (as so defined) with respect to which weight policy; following the unused credit year. the adjusted basis exceeds the fair market SENSE OF THE SENATE.—It is the sense of ‘‘(2) RULES.—Rules similar to the rules of value.’’. the Senate that the prohibitions and restric- section 39 shall apply with respect to the (b) EFFECTIVE DATE.—The amendment tions on commercial motor vehicles under credit carryforward under paragraph (1). made by this section shall apply to disposi- section 127(a) and (d) of title 23, United ‘‘(f) SPECIAL RULES.—For purposes of this States Code, should not be amended so as to section— tions of property after the date of the enact- ment of this Act. weaken the current ‘freeze’ on those vehicles ‘‘(1) BASIS REDUCTION.—The basis of any or result in any more or less restrictive pro- property shall be reduced by the portion of hibition or restriction on those vehicles. the cost of such property taken into account SA 753. Mr. OBAMA (for himself, Mr. under subsection (a). COLEMAN, Mr. LUGAR, Mr. DURBIN, Mr. Mr. OBAMA (for himself, Mr. SA 752. ‘‘(2) NO DOUBLE BENEFIT.—No deduction HARKIN, Mr. SALAZAR, Mr. BAYH, Mr. COLEMAN, Mr. LUGAR, Mr. DURBIN, Mr. shall be allowed under section 179A with re- TALENT, Mr. DAYTON, and Mr. NELSON HARKIN, Mr. SALAZAR, Mr. BAYH, Mr. spect to any property with respect to which of Nebraska) submitted an amendment TALENT, Mr. DAYTON, and Mr. NELSON a credit is allowed under subsection (a). intended to be proposed to amendment of Nebraska) submitted an amendment ‘‘(3) PROPERTY USED BY TAX-EXEMPT ENTI- SA 670 proposed by Mr. OBAMA (for TY.—In the case of any qualified alternative intended to proposed by him to the bill himself, Mr. COLEMAN, Mr. LUGAR, Mr. fuel vehicle refueling property the use of H.R. 3, to authorize funds for Federal- DURBIN, Mr. HARKIN, Mr. SALAZAR, Mr. aid highways, highway safety pro- which is described in paragraph (3) or (4) of section 50(b) and which is not subject to a BAYH, Mr. TALENT, and Mr. DAYTON) to grams, and transmit programs, and for lease, the person who sold such property to the amendment SA 605 proposed by Mr. other purposes; which was ordered to the person or entity using such property INHOFE to the bill H.R. 3, to authorize lie on the table; as follows: shall be treated as the taxpayer that placed funds for Federal-aid highways, high- At the end of the amendment; insert the such property in service, but only if such way safety programs, and transit pro- following: person clearly discloses to such person or en- grams, and for other purposes; which Sec.ll Incentives for the installation of Alternative tity in a document the amount of any credit was ordered to lie on the table; as fol- Fuel Refueling Stations. allowable under subsection (a) with respect (a) IN GENERAL.—Subpart B of part IV of to such property (determined without regard lows: subchapter A of chapter 1 (relating to foreign to subsection (d)). On page 1, strike line 5 and all that follows tax credit, etc.) is amended by adding at the ‘‘(4) PROPERTY USED OUTSIDE UNITED and insert the following: end the following new section: STATES, ETC., NOT QUALIFIED.—No credit shall (a) IN GENERAL.—Subpart B of part IV of ‘‘SEC. 30B. ALTERNATIVE FUEL VEHICLE REFUEL- be allowable under subsection (a) with re- subchapter A of chapter 1 (relating to foreign ING PROPERTY CREDIT. spect to any property referred to in section tax credit, etc.) is amended by adding at the ‘‘(a) CREDIT ALLOWED.—There shall be al- 50(b)(1) or with respect to the portion of the end the following new section: lowed as a credit against the tax imposed by cost of any property taken into account ‘‘SEC. 30B. ALTERNATIVE FUEL VEHICLE REFUEL- this chapter for the taxable year an amount under section 179. ING PROPERTY CREDIT. equal to 50 percent of the cost of any quali- ‘‘(5) ELECTION NOT TO TAKE CREDIT.—No ‘‘(a) CREDIT ALLOWED.—There shall be al- fied alternative fuel vehicle refueling prop- credit shall be allowed under subsection (a) lowed as a credit against the tax imposed by erty placed in service by the taxpayer during for any property if the taxpayer elects not to this chapter for the taxable year an amount the taxable year. have this section apply to such property. equal to 50 percent of the cost of any quali- ‘‘(b) LIMITATION.—The credit allowed under ‘‘(6) RECAPTURE RULES.—Rules similar to fied alternative fuel vehicle refueling prop- subsection (a)— the rules of section 179A(e)(4) shall apply. erty placed in service by the taxpayer during ‘‘(1) with respect to any retail alternative ‘‘(g) REGULATIONS.—The Secretary shall the taxable year. fuel vehicle refueling property, shall not ex- prescribe such regulations as necessary to ‘‘(b) LIMITATION.—The credit allowed under ceed $30,000, and carry out the provisions of this section. subsection (a)— ‘‘(2) with respect to any residential alter- ‘‘(h) TERMINATION.—This section shall not ‘‘(1) with respect to any retail alternative native fuel vehicle refueling property, shall apply to any property placed in service after fuel vehicle refueling property, shall not ex- not exceed $1,000. December 31, 2009.’’. ceed $30,000, and ‘‘(c) DEFINITIONS.—For purposes of this sec- (b) CONFORMING AMENDMENTS.— ‘‘(2) with respect to any residential alter- tion— (1) Section 1016(a) is amended by striking native fuel vehicle refueling property, shall ‘‘(1) QUALIFIED ALTERNATIVE FUEL VEHICLE ‘‘and’’ at the end of paragraph (30), by strik- not exceed $1,000. REFUELING PROPERTY.—The term ‘qualified ing the period at the end of paragraph (31) ‘‘(c) DEFINITIONS.—For purposes of this sec- alternative fuel vehicle refueling property’ and inserting ‘‘, and’’, and by adding at the tion— has the same meaning given for clean-fuel end the following new paragraph: ‘‘(1) QUALIFIED ALTERNATIVE FUEL VEHICLE vehicle refueling property by section 179A(d), ‘‘(32) to the extent provided in section REFUELING PROPERTY.—The term ‘qualified but only with respect to any fuel at least 85 30B(f)(1).’’. alternative fuel vehicle refueling property’ percent of the volume of which consists of (2) Section 55(c)(2) is amended by inserting has the same meaning given for clean-fuel ethanol. ‘‘30B(d),’’ after ‘‘30(b)(3),’’. vehicle refueling property by section 179A(d),

VerDate Aug 04 2004 06:42 May 13, 2005 Jkt 039060 PO 00000 Frm 00170 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.131 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5177 but only with respect to any fuel at least 85 ‘‘(32) to the extent provided in section (1) weaken the current ‘‘freeze’’ on those percent of the volume of which consists of 30B(f)(1).’’. vehicles; or ethanol. (2) Section 55(c)(2) is amended by inserting (2) result in any more or less restrictive ‘‘(2) RESIDENTIAL ALTERNATIVE FUEL VEHI- ‘‘30B(d),’’ after ‘‘30(b)(3),’’. prohibition or restriction on those vehicles. CLE REFUELING PROPERTY.—The term ‘resi- (3) Section 6501(m) is amended by inserting dential alternative fuel vehicle refueling ‘‘30B(f)(5),’’ after ‘‘30(d)(4),’’. SA 755. Mr. LEVIN (for himself and property’ means qualified alternative fuel (4) The table of sections for subpart B of Ms. STABENOW) submitted an amend- vehicle refueling property which is installed part IV of subchapter A of chapter 1 is on property which is used as the principal amended by inserting after the item relating ment intended to be proposed to residence (within the meaning of section 121) to section 30A the following new item: amendment SA 725 proposed by Mr. of the taxpayer. ‘‘Sec. 30B. Alternative fuel vehicle re- SANTORUM (for himself and Mr. SPEC- ‘‘(3) RETAIL ALTERNATIVE FUEL VEHICLE RE- fueling property credit.’’. TER) to the amendment SA 605 pro- FUELING PROPERTY.—The term ‘retail alter- (c) EFFECTIVE DATE.—The amendments posed by Mr. INHOFE to the bill H.R. 3, native fuel vehicle refueling property’ means made by this section shall apply to property to authorize funds for Federal-aid high- qualified alternative fuel vehicle refueling placed in service after the date of the enact- ways, highway safety programs, and property which is of a character subject to ment of this Act, in taxable years ending transit programs, and for other pur- an allowance for depreciation. after such date. poses; as follows: ‘‘(d) APPLICATION WITH OTHER CREDITS.— SEC. 5310. MODIFICATION OF RECAPTURE RULES The credit allowed under subsection (a) for FOR AMORTIZABLE SECTION 197 IN- At the end of the amendment, add the fol- any taxable year shall not exceed the excess TANGIBLES. lowing: (a) IN GENERAL.—Subsection (b) of section (if any) of— SEC. 1831. TRANSPORTATION NEEDS, GRAYLING, ‘‘(1) the regular tax for the taxable year re- 1245 is amended by adding at the end the fol- MICHIGAN. duced by the sum of the credits allowable lowing new paragraph: Item number 820 in the table contained in under subpart A and sections 27, 29, and 30, ‘‘(9) DISPOSITION OF AMORTIZABLE SECTION section 1602 of the Transportation Equity over 197 INTANGIBLES.— Act for the 21st Century (112 Stat. 287) is ‘‘(2) the tentative minimum tax for the ‘‘(A) IN GENERAL.—If a taxpayer disposes of amended by striking ‘‘Conduct’’ and all that taxable year. more than 1 amortizable section 197 intan- follows through ‘‘interchange’’ and inserting ‘‘(e) CARRYFORWARD ALLOWED.— gible (as defined in section 197(c)) in a trans- ‘‘Conduct a transportation needs study and ‘‘(1) IN GENERAL.—If the credit amount al- action or a series of related transactions, all make improvements to I–75 interchanges in lowable under subsection (a) for a taxable such amortizable 197 intangibles shall be the Grayling area’’. year exceeds the amount of the limitation treated as 1 section 1245 property for pur- under subsection (d) for such taxable year, poses of this section. such excess shall be allowed as a credit ‘‘(B) EXCEPTION.—Subparagraph (A) shall SA 756. CLINTON (for herself and Mr. carryforward for each of the 20 taxable years not apply to any amortizable section 197 in- INHOFE) submitted an amendment in- following the unused credit year. tangible (as so defined) with respect to which tended to be proposed to the amend- ‘‘(2) RULES.—Rules similar to the rules of the adjusted basis exceeds the fair market ment SA 681 proposed by Mrs. CLINTON section 39 shall apply with respect to the value.’’. to the amendment SA 605 proposed by credit carryforward under paragraph (1). (b) EFFECTIVE DATE.—The amendment Mr. INHOFE to the bill H.R. 3, to au- ‘‘(f) SPECIAL RULES.—For purposes of this made by this section shall apply to disposi- section— tions of property after the date of the enact- thorize funds for Federal-aid highways, ‘‘(1) BASIS REDUCTION.—The basis of any ment of this Act. highway safety programs, and transit programs, and for other purposes; property shall be reduced by the portion of SA 754. Mr. LAUTENBERG sub- the cost of such property taken into account which was ordered to lie on the table; under subsection (a). mitted an amendment intended to be as follows: ‘‘(2) NO DOUBLE BENEFIT.—No deduction proposed to amendment SA 639 sub- In lieu of the matter proposed to be in- shall be allowed under section 179A with re- mitted by Mr. LAUTENBERG and in- serted, insert the following: spect to any property with respect to which tended to be proposed to the bill H.R. 3, a credit is allowed under subsection (a). to authorize funds for Federal-aid high- SEC. 1612. ADDITION TO CMAQ-ELIGIBLE ‘‘(3) PROPERTY USED BY TAX-EXEMPT ENTI- ways, highway safety programs, and PROJECTS. TY.—In the case of any qualified alternative transit programs, and for other pur- (a) ELIGIBLE PROJECTS.—Section 149(b) of fuel vehicle refueling property the use of poses; which was ordered to lie on the title 23, United States Code, is amended— which is described in paragraph (3) or (4) of table; as follows: (1) in paragraph (4), by striking ‘‘or’’ at the section 50(b) and which is not subject to a end; In lieu of the matter proposed to be in- lease, the person who sold such property to (2) in paragraph (5), by striking the period serted, insert the following: the person or entity using such property at the end and inserting a semicolon; and shall be treated as the taxpayer that placed SEC. ll. SENSE OF THE SENATE REAFFIRMING (3) by adding at the end the following: SUPPORT FOR FEDERAL LIMITA- such property in service, but only if such TIONS ON TRUCK SIZE AND WEIGHT. ‘‘(6) if the project or program is for the person clearly discloses to such person or en- (a) FINDINGS.—Congress finds that – purchase of alternative fuel (as defined in tity in a document the amount of any credit (1) on March 11, 1998, the Senate agreed section 301 of the Energy Policy Act of 1992 allowable under subsection (a) with respect unanimously to reaffirm limitations on the (42 U.S.C. 13211)) or biodiesel; to such property (determined without regard length and weight of commercial motor vehi- ‘‘(7) if the project or program involves the to subsection (d)). cles as part of S. 1173, the Intermodal Sur- purchase of integrated, interoperable emer- ‘‘(4) PROPERTY USED OUTSIDE UNITED face Transportation Efficiency Act of 1997; gency communications equipment; or STATES, ETC., NOT QUALIFIED.—No credit shall (2) in 2000, the Department of Transpor- ‘‘(8) if the project or program is for— be allowable under subsection (a) with re- tation released the Comprehensive Truck ‘‘(A) diesel retrofit technologies that are— spect to any property referred to in section Size and Weight Study, which raised new ‘‘(i) for motor vehicles (as defined in sec- 50(b)(1) or with respect to the portion of the safety, infrastructure, and cost recovery con- tion 216 of the Clean Air Act (42 U.S.C. 7550)); cost of any property taken into account cerns about lifting limitations on the length or under section 179. and weight of commercial motor vehicles; ‘‘(ii) published in the list under subsection ‘‘(5) ELECTION NOT TO TAKE CREDIT.—No and (f)(5) for non-road vehicles and non-road en- credit shall be allowed under subsection (a) (3) in 2004, the Department of Transpor- gines (as defined in section 216 of the Clean for any property if the taxpayer elects not to tation released the Western Uniformity Sce- Air Act (42 U.S.C. 7550)) that are used in con- have this section apply to such property. nario Analysis report, which stated that the struction projects that are— ‘‘(6) RECAPTURE RULES.—Rules similar to Department— ‘‘(I) located in nonattainment or mainte- the rules of section 179A(e)(4) shall apply. (A) does not favor change in Federal truck nance areas for ozone, PM10, or PM2.5 (as de- ‘‘(g) REGULATIONS.—The Secretary shall size and weight policy; fined under the Clean Air Act (42 U.S.C. 7401 prescribe such regulations as necessary to (B) believes an appropriate balance has et seq.)); and carry out the provisions of this section. been struck nationwide on truck size and ‘‘(II) funded, in whole or in part, under this ‘‘(h) TERMINATION.—This section shall not weight; and title; or apply to any property placed in service after (C) opposes a piecemeal approach to truck ‘‘(B) outreach activities that are designed December 31, 2009.’’. size and weight policy. to provide information and technical assist- (b) CONFORMING AMENDMENTS.— (b) SENSE OF THE SENATE.—It is the sense ance to the owners and operators of diesel (1) Section 1016(a) is amended by striking of the Senate that the prohibitions and re- equipment and vehicles regarding the emis- ‘‘and’’ at the end of paragraph (30), by strik- strictions on commercial motor vehicles sion reduction strategy.’’. ing the period at the end of paragraph (31) under subsections (a) and (d) of section 127 of (b) STATES RECEIVING MINIMUM APPORTION- and inserting ‘‘, and’’, and by adding at the title 23, United States Code, should not be MENT.—Section 149(c) of title 23, United end the following new paragraph: amended so as to— States Code, is amended—

VerDate Aug 04 2004 06:51 May 13, 2005 Jkt 039060 PO 00000 Frm 00171 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.130 S12PT1 S5178 CONGRESSIONAL RECORD — SENATE May 12, 2005 (1) in paragraph (1), by striking ‘‘for any State authority to offset the cost of those this chapter for the taxable year an amount project eligible under the surface transpor- activities; or equal to 50 percent of the cost of any quali- tation program under section 133.’’ and in- ‘‘(C) authorize the use of contract proce- fied alternative fuel vehicle refueling prop- serting the following: ‘‘for any project in the dures that would discriminate between bid- erty placed in service by the taxpayer during State that— ders on the basis of a bidder’s existing equip- the taxable year. ‘‘(A) would otherwise be eligible under this ment or existing vehicle emission tech- ‘‘(b) LIMITATION.— section as if the project were carried out in nology. ‘‘(1) IN GENERAL.—The credit allowed under a nonattainment or maintenance area; or ‘‘(5) EMISSION REDUCTION STRATEGY GUID- subsection (a)— ‘‘(B) is eligible under the surface transpor- ANCE.—The Administrator, in consultation ‘‘(A) with respect to any retail alternative tation program under section 133.’’; and with the Secretary, shall publish a non- fuel vehicle refueling property, shall not ex- (2) in paragraph (2), by striking ‘‘for any binding list of emission reduction strategies ceed $30,000, and project in the State eligible under section and supporting technical information for— ‘‘(B) with respect to any residential alter- 133.’’ and inserting the following: ‘‘for any ‘‘(A) diesel emission reduction tech- native fuel vehicle refueling property, shall project in the State that— nologies certified or verified by the Adminis- not exceed $1,000. ‘‘(A) would otherwise be eligible under this trator, the California Air Resources Board, ‘‘(c) DEFINITIONS.—For purposes of this sec- section as if the project were carried out in or any other entity recognized by the Ad- tion— a nonattainment or maintenance area; or ministrator for the same purpose; ‘‘(1) QUALIFIED ALTERNATIVE FUEL VEHICLE ‘‘(B) is eligible under the surface transpor- ‘‘(B) diesel emission reduction technologies REFUELING PROPERTY.—The term ‘qualified tation program under section 133.’’. identified by the Administrator as having an alternative fuel vehicle refueling property’ has the same meaning given for clean-fuel (c) RESPONSIBILITY OF STATES.—Section 149 application and approvable test plan for vehicle refueling property by section 179A(d), of title 23, United States Code, is amended by verification by the Administrator or the only with respect to any fuel at least 85 per- adding at the end the following: California Air Resources board that is sub- mitted not later that 18 months of the date cent of the volume of which consists of eth- ‘‘(f) COST-EFFECTIVE EMISSION REDUCTION anol, CNG, LEG, LPG & hydrogen. STRATEGIES.— of enactment of this Act; ‘‘(2) RESIDENTIAL ALTERNATIVE FUEL VEHI- ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(C) available information regarding the CLE REFUELING PROPERTY.—The term ‘resi- ‘‘(A) ADMINISTRATOR.—The term ‘Adminis- emission reduction effectiveness and cost ef- fectiveness of technologies identified in this dential alternative fuel vehicle refueling trator’ means the Administrator of the Envi- property’ means qualified alternative fuel ronmental Protection Agency. paragraph, taking into consideration health effects; vehicle refueling property which is installed ‘‘(B) CMAQ RESOURCES.—The term ‘CMAQ on property which is used as the principal resources’ means resources available to a ‘‘(D) options and recommendations for the structure and content of emission reduction residence (within the meaning of section 121) State to carry out the congestion mitigation of the taxpayer. and air quality improvement program under strategies including— ‘‘(3) RETAIL ALTERNATIVE FUEL VEHICLE RE- this section. ‘‘(i) emission reduction performance cri- teria; FUELING PROPERTY.—The term ‘retail alter- ‘‘(C) DIESEL RETROFIT TECHNOLOGY.—The native fuel vehicle refueling property’ means term ‘diesel retrofit technology’ means a re- ‘‘(ii) financial incentives that use CMAQ resources and State resources; qualified alternative fuel vehicle refueling placement, repowering, rebuilding, after property which is of a character subject to treatment, or other technology, as deter- ‘‘(iii) procedures to facilitate access by contractors to financial incentives; an allowance for depreciation. mined by the Administrator. ‘‘(d) APPLICATION WITH OTHER CREDITS.— ‘‘(iv) contract incentives, allowances, and ‘‘(2) EMISSION REDUCTION STRATEGIES.— The credit allowed under subsection (a) for procedures; Each State shall develop, implement, and pe- any taxable year shall not exceed the excess ‘‘(v) methods of voluntary emission reduc- riodically revise emission reduction strate- (if any) of— tions; and gies comprised of any methods determined to ‘‘(1) the regular tax for the taxable year re- ‘‘(vi) other means that may be employed to be appropriate by the State that are con- duced by the sum of the credits allowable reduce emissions from construction activi- sistent with section 209 of the Clean Air Act under subpart A and sections 27, 29, and 30, ties; and (42 U.S.C. 7542) for engines and vehicles that over ‘‘(6) PRIORITY.—States and metropolitan are used in construction projects that are— ‘‘(2) the tentative minimum tax for the planning organizations shall give priority in ‘‘(A) located in nonattainment areas for taxable year. distributing funds received for congestion ozone, PM10, or PM2.5 (as defined under the ‘‘(e) CARRYFORWARD ALLOWED.— management and air quality projects and Clean Air Act (42 U.S.C. 7401 et seq.)); and ‘‘(1) IN GENERAL.—If the credit amount al- ‘‘(B) funded, in whole or in part, under this programs to finance of diesel retrofit and lowable under subsection (a) for a taxable title. cost-effective emission reduction activities year exceeds the amount of the limitation ‘‘(3) STATE CONSIDERATIONS.—In developing identified by States in the emission reduc- under subsection (d) for such taxable year, emission reduction strategies, each State— tion strategies developed under this sub- such excess shall be allowed as a credit ‘‘(A) may include any means to reduce section. carryforward for each of the 20 taxable years emissions that are determined to be appro- ‘‘(7) NO EFFECT ON AUTHORITY OR RESTRIC- following the unused credit year. TIONS.—Nothing in this subsection modifies priate by the State; but ‘‘(2) RULES.—Rules similar to the rules of ‘‘(B) shall— any authority or restriction established section 39 shall apply with respect to the ‘‘(i) consider guidance issued by the Ad- under the Clean Air Act (42 U.S.C. 7401 et credit carryforward under paragraph (1). ministrator under paragraph (5); seq.).’’. ‘‘(f) SPECIAL RULES.—For purposes of this ‘‘(ii) limit technologies to those identified section— Mr. GRASSLEY submitted an by the Administrator under paragraph (5); SA 757. ‘‘(1) BASIS REDUCTION.—The basis of any ‘‘(iii) provide contractors with guidance amendment intended to be proposed to property shall be reduced by the portion of and technical assistance regarding the im- amendment SA 670 proposed by Mr. the cost of such property taken into account plementation of emission reduction strate- OBAMA (for himself, Mr. COLEMAN, Mr. under subsection (a). gies; LUGAR, Mr. DURBIN, Mr. HARKIN, Mr. ‘‘(2) NO DOUBLE BENEFIT.—No deduction ‘‘(iv) give special consideration to small SALAZAR, Mr. BAYH, Mr. TALENT, and shall be allowed under section 179A with re- businesses that participate in projects fund- Mr. DAYTON) to the amendment SA 605 spect to any property with respect to which ed under this title; a credit is allowed under subsection (a). proposed by Mr. INHOFE to the bill H.R. ‘‘(v) place priority on the use of— ‘‘(3) PROPERTY USED BY TAX-EXEMPT ENTI- 3, to authorize funds for Federal-aid ‘‘(I) diesel retrofit technologies and activi- TY.—In the case of any qualified alternative ties; highways, highway safety programs, fuel vehicle refueling property the use of ‘‘(II) cost-effective strategies; and transit programs, and for other which is described in paragraph (3) or (4) of ‘‘(III) financial incentives using CMAQ re- purposes; which was ordered to lie on section 50(b) and which is not subject to a sources and State resources; and the table; as follows: lease, the person who sold such property to ‘‘(IV) strategies that maximize health ben- In lieu of the matter proposed to be in- the person or entity using such property efits; and serted, insert the following: shall be treated as the taxpayer that placed ‘‘(vi) not include any activities prohibited SEC. 5309. INCENTIVES FOR THE INSTALLATION such property in service, but only if such by paragraph (4). OF ALTERNATIVE FUEL REFUELING person clearly discloses to such person or en- ‘‘(4) STATE LIMITATIONS.—Emission reduc- STATIONS. tity in a document the amount of any credit tion strategies may not— (a) IN GENERAL.—Subpart B of part IV of allowable under subsection (a) with respect ‘‘(A) authorize or recommend the use of subchapter A of chapter 1 (relating to foreign to such property (determined without regard bans on equipment or vehicle use during tax credit, etc.) is amended by adding at the to subsection (d)). specified periods of a day; end the following new section: ‘‘(4) PROPERTY USED OUTSIDE UNITED ‘‘(B) authorize or recommend the use of ‘‘SEC. 30B. ALTERNATIVE FUEL VEHICLE REFUEL- STATES, ETC., NOT QUALIFIED.—No credit shall contract procedures that would require ret- ING PROPERTY CREDIT. be allowable under subsection (a) with re- rofit activities, unless funds are made avail- ‘‘(a) CREDIT ALLOWED.—There shall be al- spect to any property referred to in section able by the State under this section or other lowed as a credit against the tax imposed by 50(b)(1) or with respect to the portion of the

VerDate Aug 04 2004 06:42 May 13, 2005 Jkt 039060 PO 00000 Frm 00172 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.130 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5179

cost of any property taken into account ‘‘(1) ELIGIBLE PROJECT COSTS.— ‘‘(4) EVALUATION.—The Secretary shall under section 179. ‘‘(A) IN GENERAL.—The term ‘eligible evaluate all applications received by the an- ‘‘(5) ELECTION NOT TO TAKE CREDIT.—No project costs’ means the capital cost of the nual deadline to determine whether the ap- credit shall be allowed under subsection (a) fixed guideway infrastructure of a MAGLEV plications meet criteria established by the for any property if the taxpayer elects not to project, including land, piers, guideways, Secretary. have this section apply to such property. propulsion equipment and other components ‘‘(5) SELECTION.—The Secretary, except as ‘‘(6) RECAPTURE RULES.—Rules similar to attached to guideways, power distribution otherwise provided in this section, shall se- the rules of section 179A(e)(4) shall apply. facilities (including substations), control and lect for Federal support for preconstruction ‘‘(g) REGULATIONS.—The Secretary shall communications facilities, access roads, and planning any project that the Secretary de- prescribe such regulations as necessary to storage, repair, and maintenance facilities. termines meets the criteria. carry out the provisions of this section. ‘‘(B) INCLUSION.—The term ‘eligible project ‘‘(c) PHASE II—ENVIRONMENTAL IMPACT ‘‘(h) TERMINATION.—This section shall not costs’ includes the costs of preconstruction STUDIES.— apply to any property placed in service after planning activities. ‘‘(1) IN GENERAL.—A State, State-des- December 31, 2013.’’. ‘‘(2) FULL PROJECT COSTS.—The term ‘full ignated authority, or multistate-designated (b) CONFORMING AMENDMENTS.— project costs’ means the total capital costs authority or special purpose entity that has (1) Section 1016(a) is amended by striking of a MAGLEV project, including eligible conducted (under this section or any other ‘‘and’’ at the end of paragraph (30), by strik- project costs and the costs of stations, vehi- provision of law) 1 or more studies that ad- ing the period at the end of paragraph (31) cles, and equipment. dress each of the requirements of subsection and inserting ‘‘, and’’, and by adding at the ‘‘(3) MAGLEV.— (b)(2) may apply for Federal funding to assist end the following new paragraph: ‘‘(A) IN GENERAL.—The term ‘MAGLEV’ in— ‘‘(32) to the extent provided in section means transportation systems in revenue ‘‘(A) preparing an environmental impact 30B(f)(1).’’. service employing magnetic levitation that statement or similar analysis required under (2) Section 55(c)(2) is amended by inserting would be capable of safe use by the public at the National Environmental Policy Act of ‘‘30B(d),’’ after ‘‘30(b)(3),’’. a speed in excess of 240 miles per hour. 1969 (42 U.S.C. 4321 et seq.); and (3) Section 6501(m) is amended by inserting ‘‘(B) INCLUSION.—The term ‘MAGLEV’ in- ‘‘(B) planning for construction, operation, ‘‘30B(f)(5),’’ after ‘‘30(d)(4),’’. cludes power, control, and communication and maintenance of a MAGLEV project. (4) The table of sections for subpart B of facilities required for the safe operation of ‘‘(2) DEADLINE FOR APPLICATIONS.— part IV of subchapter A of chapter 1 is the vehicles within a system described in ‘‘(A) IN GENERAL.—The Secretary shall— amended by inserting after the item relating subparagraph (A). ‘‘(i) establish an annual deadline for re- to section 30A the following new item: ‘‘(4) SECRETARY.—The term ‘Secretary’ ceipt of Phase II applications; and ‘‘Sec. 30B. Alternative fuel vehicle re- means the Secretary of Transportation. ‘‘(ii) evaluate all applications received by fueling property credit.’’. ‘‘(5) SPECIAL PURPOSE ENTITY.—The term that deadline in accordance with criteria es- ‘special purpose entity’ means a nonprofit (c) EFFECTIVE DATE.—The amendments tablished under subparagraph (B). entity that— ‘‘(B) CRITERIA.—The Secretary shall estab- made by this section shall apply to property ‘‘(A) is not a State-designated authority; placed in service after the date of the enact- lish criteria to evaluate applications that in- but clude whether— ment of this Act, in taxable years ending ‘‘(B) is eligible, as determined by the Gov- after such date. ‘‘(i) the technology selected is available for ernor of the State in which the entity is lo- deployment at the time of the application; cated, to participate in the program under SA 758. Mr. SCHUMER (for himself ‘‘(ii) operating revenues combined with this section. known and dedicated sources of other reve- and Mrs. CLINTON) submitted an ‘‘(6) TEA–21 CRITERIA.—The term ‘TEA–21 amendment intended to be proposed to nues in any year will exceed annual oper- criteria’ means— ation and maintenance costs; amendment SA 647 by Mr. SESSIONS ‘‘(A) the criteria set forth in subsection (d) ‘‘(iii) over the life of the MAGLEV project, and intended to be proposed to the of this section (as in effect on the day before total project benefits will exceed total amendment SA 605 proposed by Mr. the date of enactment of the Safe, Afford- project costs; and able, Flexible, and Efficient Transportation INHOFE to the bill H.R. 3, to authorize ‘‘(iv) the proposed capital financing plan is Equity Act of 2005), including applicable reg- funds for Federal-aid highways, high- realistic and does not assume Federal assist- ulations; and ance that is greater than the maximums way safety programs, and transit pro- ‘‘(B) with respect to subsection (e)(2), the specified in clause (ii). grams, and for other purposes; which criteria set forth in subsection (d)(8) of this ‘‘(C) PROJECTS SELECTED.—If the Secretary was ordered to lie on the table; as fol- section (as so in effect). determines that a MAGLEV project meets ‘‘(b) PHASE I—PRECONSTRUCTION PLAN- lows: the criteria established under subparagraph NING.— At the end of the amendment, add the fol- (B), the Secretary shall— lowing: ‘‘(1) IN GENERAL.—A State, State-des- ignated authority, multistate-designated au- ‘‘(i) select that project for Federal Phase II SEC. llll. RAILWAY-HIGHWAY CROSSINGS. thority, or special purpose entity may apply support; and Section 130(e) of title 23, United States to the Secretary for grants to conduct ‘‘(ii) publish in the Federal Register a no- Code (as amended by section 1401(c)(1)), is preconstruction planning for proposed new tice of intent to prepare an environmental amended by inserting after ‘‘railway-high- MAGLEV projects, or extensions to impact statement or similar analysis re- way crossings’’ the following: ‘‘, and at least MAGLEV systems planned, studied, or de- quired under the National Environmental $150,000,000 shall be authorized to be appro- ployed under this or any other program. Policy Act of 1969 (42 U.S.C. 4321 et seq.). priated from the general fund of the Treas- ‘‘(d) PHASE III—DEPLOYMENT.—The State, ‘‘(2) APPLICATIONS.—An application for a ury for the elimination of hazards, installa- State-designated agency, multistate-des- grant under this subsection shall include a tion of protective devices, and the purchase ignated agency, or special purpose entity description of the proposed MAGLEV of automatic warning signals for use at rail- that is part of a public-private partnership project, including, at a minimum— way-highway crossings’’. (meeting the TEA–21 criteria) sponsoring a ‘‘(A) a description of the purpose and need MAGLEV project that has completed a final SA 759. Mr. SPECTER submitted an for the proposed MAGLEV project; environmental impact statement or similar ‘‘(B) a description of the travel market to analysis required under the National Envi- amendment intended to be proposed to be served; amendment SA 605 proposed by Mr. ronmental Policy Act of 1969 (42 U.S.C. 4321 ‘‘(C) a description of the technology se- et seq.) for both the MAGLEV project and INHOFE to the bill H.R. 3, to authorize lected for the MAGLEV project; the entire corridor of which the MAGLEV funds for Federal-aid highways, high- ‘‘(D) forecasts of ridership and revenues; project is the initial operating segment, and way safety programs, and transit pro- ‘‘(E) a description of preliminary engineer- has completed planning studies for the con- grams, and for other purposes; which ing that is sufficient to provide a reasonable struction, operation, and maintenance of the was ordered to lie on the table; as fol- estimate of the capital cost of constructing, MAGLEV project, under this or any other lows: operating, and maintaining the project; program, may submit an application to the ‘‘(F) a realistic schedule for construction Secretary for Federal funding of a portion of Beginning on page 398, strike line 17 and and equipment for the project; the capital costs of planning, financing, con- all that follows through page 400, line 13, and ‘‘(G) an environmental assessment; structing, and equipping the preferred alter- insert the following: ‘‘(H) a preliminary identification of the 1 native identified in the final environmental SEC. 1819. HIGH-SPEED MAGNETIC LEVITATION or more organizations that will construct impact statement or analysis. SYSTEM DEPLOYMENT PROGRAM. and operate the project; and ‘‘(e) FINANCIAL ASSISTANCE.— (a) IN GENERAL.—Section 322 of title 23, ‘‘(I) a cost-benefit analysis and tentative ‘‘(1) IN GENERAL.—The Secretary shall United States Code, is amended to read as financial plan for construction and operation make available financial assistance to pay follows: of the project. the Federal share of the full project costs of ‘‘§ 322. High-speed magnetic levitation system ‘‘(3) DEADLINE FOR APPLICATIONS.—The Sec- projects selected under this section. deployment program retary shall establish an annual deadline for ‘‘(2) PREVAILING WAGE AND CERTAIN TEA–21 ‘‘(a) DEFINITIONS.—In this section: receipt of applications under this subsection. CRITERIA.—Sections 5333(a) of title 49, and

VerDate Aug 04 2004 04:46 May 13, 2005 Jkt 039060 PO 00000 Frm 00173 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.127 S12PT1 S5180 CONGRESSIONAL RECORD — SENATE May 12, 2005 the TEA–21 criteria, shall apply to financial ‘‘(f) AVAILABILITY OF FUNDS.—Funds made AUTHORITY FOR COMMITTEES TO assistance made available under this section available under subsection (e) shall remain MEET and projects funded with that assistance. available until expended. ‘‘(3) FEDERAL SHARE.— COMMITTEE ON ARMED SERVICES ‘‘(g) OTHER FEDERAL FUNDS.—Funds made ‘‘(A) PHASE I AND PHASE II.—For Phase I— Mr. INHOFE. Mr. President, I ask available to a State to carry out the surface preconstruction planning and Phase II—envi- unanimous consent that the Com- transportation program under section 133 ronmental impact studies carried out under mittee on Armed Services be author- subsections (b) and (c), respectively, the Fed- and the congestion mitigation and air qual- ity improvement programs under section 149 ized to meet during the session of the eral share of the costs of the planning and Senate on Thursday, May 12, 2005, at 2 may be used by any State to pay a portion of studies shall be not more than ⁄3 of the full 9:30 a.m., in closed session to mark up cost of the planning and studies. the full project costs of an eligible project the National Defense Authorization ‘‘(B) PHASE III.—For Phase III—deployment selected under this section, without require- projects carried out under subsection (d), not ment for non-Federal funds. Act for Fiscal Year 2006. more than 2⁄3 of the full capital cost of such ‘‘(h) OTHER FEDERAL FUNDS.—A project se- The PRESIDING OFFICER. Without a project shall be made available from funds lected for funding under this section shall be objection, it is so ordered. appropriated for this program. eligible for other forms of financial assist- COMMITTEE ON COMMERCE, SCIENCE, AND ‘‘(4) FUNDING.— ance provided by this title and title V of the TRANSPORTATION ‘‘(A) CONTRACT AUTHORITY; AUTHORIZATION Railroad Revitalization and Regulatory Re- Mr. INHOFE. Mr. President, I ask OF APPROPRIATIONS.— form Act of 1976 (45 U.S.C. 821 et seq.), in- unanimous consent that the Com- ‘‘(i) IN GENERAL.—There is authorized to be cluding loans, loan guarantees, and lines of mittee on Commerce, Science, and appropriated from the Highway Trust Fund credit. (other than the Mass Transit Account) for Transportation be authorized to meet fiscal years 2005 through 2009 to carry out ‘‘(i) MANDATORY ADDITIONAL SELECTION.— on Thursday, May 12, 2005, at 10 a.m., this section— ‘‘(1) IN GENERAL.—Subject to paragraph 2, on S. 967, Issues Related to the Broad- ‘‘(I) $10,000,000 for Phase I—preconstruction in selecting projects for preconstruction cast of Prepackaged News Stories Pro- planning studies; planning, deployment, and financial assist- duced by the Government Agencies. ‘‘(II) $20,000,000 for Phase II—environ- ance, the Secretary may only provide funds The PRESIDING OFFICER. Without to MAGLEV projects that meet the criteria mental impact studies; and objection, it is so ordered. ‘‘(III) $60,000,000 for Phase III—deployment established under subsection (b)(4). projects. ‘‘(2) PRIORITY FUNDING.—The Secretary COMMITTEE ON FOREIGN RELATIONS ‘‘(ii) OBLIGATION AUTHORITY.—Funds au- shall give priority funding to a MAGLEV Mr. INHOFE. Mr. President, I ask thorized by this subparagraph shall be avail- project that— unanimous consent that the Com- able for obligation in the same manner as if ‘‘(A) has already met the TEA–21 criteria mittee on Foreign Relations be author- the funds were apportioned under chapter I, and has received funding prior to the date of ized to meet during the session of the except that— enactment of the Safe, Affordable, Flexible, and Efficient Transportation Equity Act of Senate on Thursday, May 12, 2005, at 10 ‘‘(I) the Federal share of the cost of the a.m., to hold a Business Meeting. project shall be in accordance with para- 2005 as a result of evaluation and contracting graph (2); and procedures for MAGLEV transportation, to The PRESIDING OFFICER. Without ‘‘(II) the availability of the funds shall be the extent that the project continues to ful- objection, it is so ordered. in accordance with subsection (f). fill the requirements of this section; COMMITTEE ON THE JUDICIARY ‘‘(B) NONCONTRACT AUTHORITY AUTHORIZA- ‘‘(B) to the maximum extent practicable, Mr. INHOFE. Mr. President, I ask TION OF APPROPRIATIONS.— has met safety guidelines established by the Secretary to protect the health and safety of unanimous consent that the Com- ‘‘(i) PHASE I.—There are authorized to be mittee on the Judiciary be authorized appropriated from the Highway Trust Fund the public; (other than the Mass Transit Account) to ‘‘(C) is based on designs that ensure the to meet to conduct a markup on Thurs- carry out Phase I—preconstruction planning greatest life cycle advantages for the day, May 12, 2005, at 9:30 a.m., in SD226. studies under subsection (b)— project; Agenda ‘‘(I) $6,000,000 for fiscal year 2005; and ‘‘(D) contains domestic content of at least ‘‘(II) $2,000,000 for each of fiscal years 2006 70 percent; and I. Nominations: Terrence W. Boyle, II through 2009. ‘‘(E) is designed and developed through to be U.S. Circuit Judge for the Fourth ‘‘(ii) PHASE II.—There are authorized to be public/private partnership entities and con- Circuit; William H. Pryor, Jr. to be appropriated from the Highway Trust Fund tinues to meet the TEA–21 criteria relating U.S. Circuit Judge for the Eleventh (other than the Mass Transit Account) to to public/private partnerships.’’. Circuit; and Brett M. Kavanaugh to be carry out Phase II—environmental impact (b) CONFORMING AMENDMENT.—The analysis U.S. Circuit Judge for the District of studies under subsection (c)— for chapter 3 of title 23, United States Code, ‘‘(I) $25,000,000 for fiscal year 2005; Columbia. is amended by striking the item relating to II. Bills: S. 852—A bill to Create a ‘‘(II) $37,000,000 for fiscal year 2006; section 322 and inserting the following: ‘‘(III) $21,000,000 for fiscal year 2007; and Fair and Efficient System to Resolve ‘‘(IV) $9,000,000 for each of fiscal years 2008 ‘‘322. High-speed magnetic levitation system Claims of Victims for Bodily Injury and 2009. deployment program.’’. Caused by Asbestos Exposure, and for ‘‘(iii) PHASE III.—There are authorized to Other Purposes. SPECTER, LEAHY, be appropriated from the Highway Trust HATCH, FEINSTEIN, GRASSLEY, DEWINE, Fund (other than the Mass Transit Account) SA 760. Mr. VOINOVICH (for himself GRAHAM to carry out Phase III—deployment projects and Mr. DEWINE) submitted an amend- III. Matters: Senate Judiciary Com- under subsection (d)— ment intended to be proposed to mittee Rules. ‘‘(I) $500,000,000 for fiscal year 2005; amendment SA 605 proposed by Mr. ‘‘(II) $650,000,000 for fiscal year 2006; The PRESIDING OFFICER. Without INHOFE to the bill H.R. 3, to authorize ‘‘(III) $850,000,000 for fiscal year 2007; objection, it is so ordered. funds for Federal-aid highways, high- ‘‘(IV) $850,000,000 for fiscal year 2008; and COMMITTEE ON THE JUDICIARY way safety programs, and transit pro- ‘‘(V) $600,000,000 for fiscal year 2009. Mr. INHOFE. Mr. President, I ask ‘‘(iv) PROGRAM ADMINISTRATION.—There are grams, and for other purposes; which unanimous consent that the Com- authorized to be appropriated from the High- was ordered to lie on the table; as fol- mittee on the Judiciary be authorized way Trust Fund (other than the Mass Tran- lows: sit Account) to carry out administration of to meet to conduct a hearing on ‘‘Exec- this program— On page 566, strike lines 2 through 9 and in- utive Nominations’’ on Thursday, May ‘‘(I) $13,000,000 for fiscal year 2005; sert the following: 12, 2005 at 4 p.m. in Dirksen Senate Of- ‘‘(II) $16,000,000 for fiscal year 2006; ‘‘(C) blast furnace slag aggregate; fice Building, Room 226. ‘‘(III) $8,000,000 for fiscal year 2007; and ‘‘(D) silica fume; ‘‘(IV) $5,000,000 for each of fiscal years 2008 ‘‘(E) foundry sand; and Witness List and 2009. ‘‘(F) any other waste material or byprod- Panel I: The Honorable THAD COCH- ‘‘(v) RESEARCH AND DEVELOPMENT.—There uct recovered or diverted from solid waste RAN, U.S. Senator, R–MS; the Honor- is authorized to be appropriated from the that the Administrator, in consultation with able CHUCK GRASSLEY, U.S. Senator, R– Highway Trust Fund (other than the Mass an agency head, determines should be treat- Transit Account) to carry out research and ed as recovered mineral component under IA; and the Honorable MITCH MCCON- development activities to reduce MAGLEV this section for use in cement or concrete NELL, U.S. Senator, R–KY. deployment costs $4,000,000 for each of fiscal projects paid for, in whole or in part, by the Panel II: Rachel Beard, to be an As- years 2005 through 2009. agency head. sistant Attorney General; Alice S.

VerDate Aug 04 2004 04:46 May 13, 2005 Jkt 039060 PO 00000 Frm 00174 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.127 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5181 Fisher, to be an Assistant Attorney be immediately notified of the Senate’s movement have had a profound impact with- General; and Regina B. Schofield, to be action. in their communities; and an Assistant Attorney General. The PRESIDING OFFICER. Without Whereas the drug court movement has The PRESIDING OFFICER. Without objection, it is so ordered. grown from the 12 original drug courts in 1994 to 1,621 operational drug courts as of De- objection, it is so ordered. The nomination considered and con- cember 2004: Now, therefore, be it COMMITTEE ON VETERANS’ AFFAIRS firmed is as follows: Resolved, That the Senate— Mr. INHOFE. Mr. President, I ask DEPARTMENT OF DEFENSE (1) designates the month of May 2005 as unanimous consent that the Com- John Paul Woodley, Jr., of Virginia, to be ‘‘National Drug Court Month’’; and mittee on Veterans’ Affairs be author- an Assistant Secretary of the Army. (2) encourages the people of the United States and interested groups to observe the ized to meet during the session of the f month with appropriate ceremonies and ac- Senate on Thursday, May 12, 2005, for a NOMINATIONS DISCHARGED AND tivities. committee hearing titled ‘‘An Open PLACED ON THE CALENDAR f Discussion: Planning, Providing and Paying for Veterans’ Long Term Care.’’ Mr. FRIST. Mr. President, I ask NATIONAL CHILD CARE WORTHY The hearing will take place in room 418 unanimous consent that the Agri- WAGE DAY of the Russell Senate Office Building at culture Committee be discharged from Mr. FRIST. Mr. President, I ask 10 a.m. further consideration of the nomina- unanimous consent that the Senate The PRESIDING OFFICER. Without tions of Thomas Dorr, PN 68 and PN 69, proceed to the immediate consider- objection, it is so ordered. and that the nominations be placed on ation of S. Res. 137, submitted earlier SELECT COMMITTEE ON INTELLIGENCE the calendar, and finally that the Sen- today. Mr. INHOFE. Mr. President, I ask ate then return to legislative session. The PRESIDING OFFICER. The unanimous consent that the Select The PRESIDING OFFICER. Without clerk will report the resolution by Committee on Intelligence be author- objection, it is so ordered. title. The legislative clerk read as follows: ized to meet during the session of the f A resolution (S. Res. 137) designating May Senate on May 12, 2005, at 2:30 p.m., to LEGISLATIVE SESSION 1, 2005, as ‘‘National Child Care Worthy Wage hold a business meeting. The PRESIDING OFFICER. Under Day.’’ The PRESIDING OFFICER. Without There being no objection, the Senate objection, it is so ordered. the previous order, the Senate will now return to legislative session. proceeded to the consideration of the SPECIAL COMMITTEE ON AGING resolution. Mr. INHOFE. Mr. President, I ask f Mr. CORZINE. Mr. President, I rise unanimous consent that the Special NATIONAL DRUG COURT MONTH today, along with Senators LAUTEN- Committee on Aging be authorized to Mr. FRIST. Mr. President, I ask BERG, BINGAMAN, DODD, DURBIN, FEIN- meet today, Thursday, May 12, 2005, unanimous consent that the Senate GOLD, INOUYE, KERRY, BOXER and KEN- from 3 to 5 p.m., in Hart 216 for the pur- proceed to the immediate consider- NEDY, to speak about a resolution sup- pose of conducting a hearing. ation of S. Res. 136, submitted earlier porting National Child Care Worthy Wage Day. It is my hope that it will The PRESIDING OFFICER. Without today. bring attention to early childhood edu- objection, it is so ordered. The PRESIDING OFFICER. The cation and the importance of attract- SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- clerk will report the resolution by ing and retaining qualified childcare AGEMENT, GOVERNMENT INFORMATION, AND title. workers. INTERNATIONAL SECURITY The legislative clerk read as follows: Mr. INHOFE. Mr. President, I ask Every day, approximately 13 million A resolution (S. Res. 136) designating the children are cared for outside the home unanimous consent that the Sub- month of May 2005 as ‘‘National Drug Court committee on Federal Financial Man- so that their parents can work. This Month.’’ figure includes 6 million of our Na- agement, Government Information, There being no objection, the Senate and International Security be author- tion’s infants and toddlers. Children proceeded to consider the resolution. begin to learn at birth, and the quality ized to meet on Thursday, May 12, 2005, Mr. FRIST. Mr. President, I ask at 10:30 a.m., for a hearing entitled of care they receive will affect them unanimous consent that the resolution for the rest of their lives. Early ‘‘Examining USAID’s Anti-Malaria and preamble be agreed to, en bloc, the childcare affects language develop- Policies.’’ motion to reconsider be laid upon the ment, math skills, social behavior, and The PRESIDING OFFICER. Without table, and that any statements relating general readiness for school. Experi- objection, it is so ordered. to the resolution be printed in the enced childcare workers can identify f RECORD, without intervening action or children who have development or PRIVILEGE OF THE FLOOR debate. emotional problems and provide the The PRESIDING OFFICER. Without care they need to take on life’s chal- Mr. BAUCUS. Mr. President, I ask objection, it is so ordered. lenges. Through the creative use of unanimous consent that the privilege The resolution (S. Res. 136) was play, structured activities and indi- of the floor be granted to Emily Meek- agreed to. vidual attention, childcare workers er, Rob Grayson, Waylon Mathern, and The preamble was agreed to. help young children learn about the Jorlie Cruz for the remainder of the The resolution, with its preamble, world around them and how to interact consideration of S. 732. reads as follows: with others. They also teach the skills The PRESIDING OFFICER. Without S. RES. 136 children will need to be ready to read objection, it is so ordered. and to learn when they go to school. Whereas drug courts provide the focus and Unfortunately, despite the impor- f leadership for community-wide, antidrug tance of their work, the committed in- EXECUTIVE SESSION systems, bringing together public safety pro- fessionals and other community partners in dividuals who nurture and teach our the fight against drug abuse and criminality; Nation’s young children are under- valued. The average salary of a EXECUTIVE CALENDAR Whereas the results of more than 100 pro- gram evaluations and at least 3 experimental childcare worker is just under $18,000 Mr. FRIST. Mr. President, I ask studies have yielded definitive evidence that annually. In 1998, the middle 50 percent unanimous consent that the Senate im- drug courts increase treatment retention of child care workers and preschool mediately proceed to executive session and reduce substance abuse and crime among teachers earned between $5.82 and $8.13 to consider the following nomination drug-involved adult offenders; an hour, according to the Department on today’s Executive Calendar: Cal- Whereas the judges, prosecutors, defense attorneys, substance abuse treatment and of Labor. The lowest 10 percent of endar No. 59. I further ask unanimous rehabilitation professionals, law enforce- childcare workers were paid an hourly consent that the nomination be con- ment and community supervision personnel, rate of $5.49 or less. Only one third of firmed, the motion to reconsider be researchers and educators, national and com- our Nation’s childcare workers have laid upon the table, and the President munity leaders, and others dedicated to the health insurance and even fewer have

VerDate Aug 04 2004 06:42 May 13, 2005 Jkt 039060 PO 00000 Frm 00175 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.129 S12PT1 S5182 CONGRESSIONAL RECORD — SENATE May 12, 2005 pension plans. This grossly inadequate National Child Care Worthy wage Day: Now, EXPRESSING SUPPORT FOR WITH- level of wages and benefits for therefore, be it DRAWAL OF RUSSIAN TROOPS childcare staff has led to difficulties in Resolved, That the Senate— FROM GEORGIA (1) designates May 1, 2005, as ‘‘National attracting and retaining quality care- Child Care Worthy Wage Day’’; and Mr. FRIST. Mr. President, I ask takers and educators. As a result, the (2) calls on the people of the United States unanimous consent that the Senate turnover rate for childcare providers is to observe National Child Care Worthy Wage proceed to the immediate consider- 30 percent a year. This high turnover Day by— ation of S. Res. 139 submitted earlier rate interrupts consistent and stable (A) honoring early-childhood educators and today. programs in their communities; and relationships that children need to The PRESIDING OFFICER. The have with their caregivers. (B) working together to resolve the early- childhood educator compensation crisis. clerk will report. If we want our children cared for by The legislative clerk read as follows: f qualified providers with higher degrees A resolution (S. Res. 139) expressing sup- and more training, we will have to NATIONAL DAY OF THE AMERICAN port for the withdrawal of Russian troops make sure they are adequately com- COWBOY from Georgia. pensated. Otherwise, we will continue Mr. FRIST. I ask unanimous consent There being no objection, the Senate to lose early childhood educators with that the Senate now proceed to the proceeded to consider the resolution. BA degrees to kindergarten and first consideration of S. Res. 138, which was Mr. FRIST. Mr. President, on April 9, grade, losing some of our best teachers submitted earlier today. 1991, the Republic of Georgia declared of young children from the early years The PRESIDING OFFICER. The its independence from the Soviet of learning. clerk will report the resolution by Union. Later that December, it was In order to bring attention to title. formally recognized by the inter- childcare workers, I am sponsoring a The legislative clerk read as follows: national community as a sovereign and resolution that would designate May as A resolution (S. Res. 138) designating July independent nation. National Child Care Worthy Wage Day. 23, 2005, as National Day of the American Throughout the Cold War, the Soviet On May 1 each year, childcare pro- Cowboy. Union stationed troops and maintained viders and other early childhood pro- There being no objection, the Senate military bases in many of the republics fessionals nationwide conduct public proceeded to consider the resolution. and countries along its border. When awareness and education efforts high- Mr. FRIST. I ask unanimous consent the Soviet Union collapsed in 1991, lighting the importance of good early that the resolution be agreed to, the most of these forces withdrew to Rus- childhood education. preamble be agreed to, and the motion sia and former Soviet military bases I encourage my colleagues to join me to reconsider be laid upon the table. were closed. in recognizing the importance of the The PRESIDING OFFICER. Without Today, however, more than a decade work and professionalism that objection, it is so ordered. after obtaining its independence, Geor- childcare workers provide and the need The resolution (S. Res. 138) was gia has not been able to rid itself of the to increase their compensation accord- agreed to. Russian military presence. Several ingly. The Nation’s childcare work- The preamble was agreed to. years ago, Russia pledged to withdraw force, the families who depend on The resolution, with its preamble, its military personnel and close its them, and the children they care for, reads as follows: military bases in Georgia. However, deserve our support. S. RES. 138 Russia has failed to fulfill its commit- Mr. FRIST. Mr. President, I ask Whereas pioneering men and women, rec- ments. More than 3,000 Russian troops unanimous consent that the resolution ognized as cowboys, helped establish the are still present in Georgia. and preamble be agreed to, en bloc, the American West; It is time for these forces to leave. I motion to reconsider be laid upon the Whereas that cowboy spirit continues to urge Russia’s leaders to respect the table, and that any statements relating infuse this country with its solid character, sovereignty and territorial integrity of to the resolution be printed in the sound family values, and good common Georgia, to fulfill its obligations, and sense; RECORD, without intervening action or work with Georgia’s leaders to end its Whereas the cowboy embodies honesty, in- debate. military presence there. tegrity, courage, compassion, respect, a In November 2003, the people of Geor- The PRESIDING OFFICER. Without strong work ethic, and patriotism; objection, it is so ordered. Whereas the cowboy loves, lives off of, and gia demonstrated their desire to free The resolution (S. Res. 137) was depends on the land and its creatures, and is themselves of the bonds of foreign agreed to. an excellent steward, protecting and enhanc- domination. The preamble was agreed to. ing the environment; They peacefully protested fraudulent The resolution, with its preamble, Whereas the cowboy continues to play a elections and succeeded in installing a reads as follows: significant role in America’s culture and government committed to democracy, economy; S. RES. 137 human rights, and the rule of law. The Whereas approximately 800,000 ranchers Rose Revolution was a triumph for Whereas approximately 14,000,000 children are conducting business in all 50 of these are in out-of-home care during part or all of United States and are contributing to the freedom and has truly been an inspira- the day so that their parents may work; economic well being of nearly every county tion to us all. Whereas the turnover rate of early-child- in the Nation; Georgia’s President Mikheil hood educators is approximately 30 percent Whereas rodeo is the sixth most-watched Saakashvili and the Government and per year because low wages and a lack of sport in America; people of Georgia have exhibited stead- benefits make it difficult to retain high- Whereas membership in rodeo and other fast determination in their efforts to quality educators; organizations surrounding the livelihood of a regain their sovereignty and protect Whereas research has demonstrated that cowboy transcends race and gender and their new democracy. young children require caring relationships spans every generation; The United States should continue to and a consistent presence in their lives for Whereas the cowboy is an American icon; their positive development; Whereas to recognize the American cowboy support the Georgian people as they Whereas the compensation of early-child- is to acknowledge America’s ongoing com- work to strengthen their democratic hood educators should be commensurate mitment to an esteemed and enduring code institutions and end Russia’s military with the important job of helping the young of conduct; and presence. children of the United States develop the so- Whereas the ongoing contributions made I applaud President Bush for his re- cial, emotional, physical, and intellectual by cowboys to their communities should be cent visit to the Georgia Republic. And skills they need to be ready for school; and recognized and encouraged: Now, therefore, I wholeheartedly support his commit- Whereas resources may be reallocated to be it ment to the spread of freedom and de- improve the compensation of early-childhood Resolved, That the Senate— educators to ensure that quality care and (1) designates July 23, 2005, as ‘‘National mocracy in the states of the former So- education are accessible for all families; Day of the American Cowboy’’; and viet Union. Whereas the Center for the Child Care (2) encourages the people of the United President Saakashvili and the people Workforce and other early childhood edu- States to observe the day with appropriate of Georgia deserve deep admiration for cation organizations recognize May 1st as ceremonies and activities. their extraordinary accomplishment. I

VerDate Aug 04 2004 04:46 May 13, 2005 Jkt 039060 PO 00000 Frm 00176 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.100 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5183 am confident that their example will printed in the RECORD, without inter- the Adapted Conventional Forces in Europe continue to inspire millions around the vening action or debate. Treaty known as the ‘‘Istanbul Commit- world who hope for a future of freedom The PRESIDING OFFICER. Without ments’’; and objection, it is so ordered. (2) the Senate— and prosperity. (A) supports the efforts of President Bush Mr. REID. Mr. President, I appreciate The resolution (S. Res. 139) was to encourage Russia and Georgia to expedi- the support of the Senate in approving agreed to. tiously reach agreement on the closure of this resolution regarding the terri- The preamble was agreed to. Russian military bases in, and the with- torial integrity of Georgia. It is impor- The resolution, with its preamble, drawal of military personnel from, Georgia; tant that the Senate speak on this reads as follows: (B) commends President Bush for being the matter with one voice and at this time, S. RES. 139 first United States President to visit Georgia as President Bush just wrapped up his Whereas, on April 9, 1991, the Republic of since its recognition as an independent and trip to Europe and Russia with a 2-day Georgia declared independence from the sovereign country; and Union of Soviet Socialist Republics; (C) will continue to monitor the situation visit to Tiblisi, Georgia. in Georgia closely. I was in Georgia 6 weeks ago. I went Whereas, during December 1991, the Repub- there at the urging of the former Prime lic of Georgia was internationally recognized f Minister, who died tragically in an ac- as an independent and sovereign country fol- AUTHORIZING USE OF CAPITOL lowing the formal dissolution of the Union of cident several months ago. The Prime Soviet Socialist Republics; GROUNDS FOR GREATER WASH- Minister came to visit me here in my Whereas the disposition of former Soviet INGTON SOAP BOX DERBY Capitol office, and he described his troops stationed in certain newly inde- country to me: mountainous, filled pendent countries was resolved by 1994 with with historic churches, strategically the complete withdrawal of Russian Federa- AUTHORIZING USE OF CAPITOL important, and a friend to the United tion military personnel from the Republics GROUNDS FOR DISTRICT OF CO- States. ‘‘You have to go there,’’ he of Estonia, Latvia, and Lithuania; LUMBIA SPECIAL OLYMPICS LAW said. I promised him that I would go Whereas in the years following the restora- ENFORCEMENT TORCH RUN tion of Georgian independence, successive there, and even after he died, I wanted governments of Georgia sought to negotiate to fulfill that commitment. the closure of Russian military bases located AUTHORIZING USE OF CAPITOL And after having spent 2 days and in, and the withdrawal of military personnel GROUNDS FOR NATIONAL PEACE nights in Georgia, I can say that the from, Georgia; OFFICERS’ MEMORIAL SERVICE Prime Minister’s description was right Whereas, during the Organization for Secu- on the mark. Georgia is a beautiful rity and Co-operation in Europe summit at Mr. FRIST. I ask unanimous consent that the Senate proceed to the en bloc country, with an incredible history and Istanbul, Turkey in 1999, Georgia and Russia consideration of the following concur- stunning architecture. Above all, the concluded a bilateral agreement as part of the Adapted Conventional Forces in Europe rent resolutions which were received Georgian people have a wonderful spir- Treaty; from the House: H. Con. Res. 86, H. Con. it. Whereas as part of such bilateral agree- Res. 135, H. Con. Res. 136. Less than years ago, Georgia under- ment, which is known as the ‘‘Istanbul Com- The PRESIDING OFFICER. Without went the peaceful ‘‘Rose Revolution.’’ mitments’’, on November 17, 1999, Russia objection, it is so ordered. A group of young, thoughtful and ener- committed to close bases at Gudauta and The Senate proceeded to consider the getic reformers took on the corrupt Vaziani by July 1, 2001, and committed to concurrent resolutions. leaders of the Soviet era, denying them conclude negotiations on bases at Batumi Mr. FRIST. I ask unanimous consent and Akhalkalaki, and all other Russian mili- an opportunity to steal a parliamen- that the concurrent resolutions be tary election. Thousands gathered in tary facilities during 2000; Whereas Russia has failed to fulfill its obli- agreed to and the motions to recon- Freedom Square, night after night, to gations under the Istanbul Commitments; sider be laid upon the table en bloc. expose the fraud and criminality of the Whereas more than 3,000 Russian military The PRESIDING OFFICER. Without previous regime. From that point on, personnel remain in Georgia at various bases objection, it is so ordered. there was no turning back. Democracy and facilities throughout the country; The concurrent resolutions (H. Con. had finally arrived in Georgia. Whereas, during November 2003, the Geor- Res. 86, H. Con. Res. 135, and H. Con. But Georgian sovereignty and inde- gian people, in the historic ‘‘Rose Revolu- Res. 136) were agreed to. tion’’, peacefully protested fraudulent elec- pendence has been put at some risk re- f cently through the continued basing of tions resulting in the holding of new elec- tions and the installation of a new govern- NATIONAL FETAL ALCOHOL SPEC- Russian troops on Georgian soil. Pre- ment committed to democracy, the rule of TRUM DISORDERS AWARENESS vious agreements negotiated with the law, observance of human rights, restoration DAY Russian government calling for the of sovereignty, and economic development; complete withdrawal of Russian troops and Mr. FRIST. Mr. President, I ask have been ignored. Some 3,000 Russian Whereas on March 10, 2005, the democrat- unanimous consent the Senate now military personnel still remain in ically elected Parliament of the Republic of proceed to the consideration of S. Res. Georgia. It is time for them to go. I am Georgia passed a measure expressing its dis- 141, which was submitted earlier today. confident that President Bush carried satisfaction with Russia’s continued mili- The PRESIDING OFFICER. The tary presence in Georgia: Now, therefore, be that message to President Putin during clerk will report the resolution by it title. his recent visit. Resolved, That— The legislative clerk read as follows: I am glad we could pass this Resolu- (1) it is the sense of the Senate that— tion calling on Russia to support the A resolution (S. Res. 141) designating Sep- (A) the Russian Federation should respect tember 9, 2005, as ‘‘National Fetal Alcohol territorial integrity of Georgia, and ex- the territorial integrity and sovereignty of Spectrum Disorders Awareness Day.’’ pressing our support for the Georgian the Republic of Georgia; (B) President Mikheil Saakashvili and the There being no objection, the Senate people and their pursuit of democracy. proceeded to consider the resolution. Georgia is our friend, our ally and our Government and people of Georgia deserve congratulations for the accomplishments Ms. MURKOWSKI. On Wednesday, strategic partner. Passage of this reso- and successful reforms carried out in Georgia May 18, parents of children afflicted lution sends exactly the right message since President Mikheil Saakashvili’s inau- with Fetal Alcohol Spectrum Disorders to the Russian Government and to the guration in January 2004, and that the and their advocates will travel to our people of Georgia. Again, I appreciate United States should continue to support Nation’s Capital for the Second Annual the support of my colleagues and I such reforms and should encourage and as- FASD Hill Day. FASD Hill Day is spon- commend the President for his decision sist Georgia with strengthening its demo- sored by the National Organization on to visit Georgia. I know he was as well cratic institutions and resolving its sepa- Fetal Alcohol Syndrome and organiza- ratist conflicts peacefully; and received as our Senate delegation was. tions that support those who care for Mr. FRIST. I ask unanimous consent (C) the United States should continue to support Georgia in its efforts to negotiate an FASD children in our States and com- that the resolution and preamble be agreement for ending Russia’s military pres- munities. agreed to en bloc, the motion to recon- ence in Georgia, in accordance with Russia’s Nobody knows better than a parent sider be laid upon the table, and that obligations under the bilateral agreement of a child afflicted with FASD how any statements relating thereto be made between Russia and Georgia as part of challenging it is to raise a child who

VerDate Aug 04 2004 06:42 May 13, 2005 Jkt 039060 PO 00000 Frm 00177 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.045 S12PT1 S5184 CONGRESSIONAL RECORD — SENATE May 12, 2005 was exposed to alcohol before birth. On the 9th hour of the 9th day of the Whereas the economic cost of fetal alcohol Nobody knows better the physical, 9th month every year they called upon syndrome alone to the Nation was mental, behavioral and learning dis- all the peoples of the world to observe $5,400,000,000 in 2003 and it is estimated that abilities that can have lifelong impli- a moment of silence to remind women each individual with fetal alcohol syndrome cations. I would urge my colleagues to will cost United States taxpayers between of childbearing age that no amount of $1,500,000 and $3,000,000 in his or her lifetime; open their offices to the parents and alcohol is safe during pregnancy. Whereas in February 1999, a small group of advocates who participate in FASD These pioneering activists, most of parents of children who suffer from fetal al- Hill Day because they have a very im- whom were adoptive and foster par- cohol spectrum disorders came together with portant story to tell. Their stories will ents, led by Brian Philcox and Bonnie the hope that in 1 magic moment the world move you. Buxton of Toronto, Canada, and Teresa could be made aware of the devastating con- At the conclusion of FASD Hill Day, Kellerman of Tucson, AZ, did not have sequences of alcohol consumption during the National Organization on Fetal Al- the resources of large public relations pregnancy; cohol Syndrome will host its annual Whereas the first International Fetal Alco- firms or well connected lobbyists. They hol Syndrome Awareness Day was observed Leadership Awards Benefit Reception. organized the first International FAS All of the parents and advocates are in- on September 9, 1999; Awareness Day, which was observed on Whereas Bonnie Buxton of Toronto, Can- vited to participate. I am pleased to in- September 9, 1999, on a shoestring ada, the co-founder of the first International form my colleagues that the distin- using the Internet. Rapidly their group Fetal Alcohol Syndrome Awareness Day, guished Senator from Wyoming, Mr. grew to include more than 70 volunteer asked ‘‘What if . . . a world full of FAS/E ENZI, and our distinguished colleague coordinators in eight countries. Each [Fetal Alcohol Syndrome/Effect] parents all from Illinois, Mr. DURBIN, will receive year I receive e-mails from places like got together on the ninth hour of the ninth the 2005 Leadership Award at the ben- day of the ninth month of the year and asked New Zealand, Germany, and my own the world to remember that during the 9 efit reception. As a Senator who rep- State of Alaska, telling me about their resents a State with one of the highest months of pregnancy a woman should not local FAS Day observances. Through incidence rates of Fetal Alcohol Spec- consume alcohol . . . would the rest of the this grassroots awareness effort, many trum Disorders, I appreciate the lead- world listen?’’; and women of childbearing age learned for Whereas on the ninth day of the ninth ership of Senator DURBIN and Senator the first time that no amount of alco- month of each year since 1999, communities ENZI, and the support of all of our col- hol in pregnancy is good. around the world have observed Inter- leagues, in the crusade to eradicate On September 9, 2004, for the first national Fetal Alcohol Syndrome Awareness fetal alcohol spectrum disorders. Day: Now, therefore, be it time, the moment of silence was ob- The term fetal alcohol spectrum dis- Resolved, That the Senate— orders, or FASD, was coined by experts served on the Senate floor. I would (1) designates September 9, 2005, as ‘‘Na- as an umbrella term to describe the hope that this would become an annual tional Fetal Alcohol Spectrum Disorders range of effects that can occur in an in- tradition until fetal alcohol spectrum Awareness Day’’; and dividual whose mother drank alcohol disorders are eradicated. (2) calls upon the people of the United The resolution that I have introduced States to— during pregnancy. It refers to condi- today designates September 9, 2005, as (A) observe National Fetal Alcohol Spec- tions such as fetal alcohol syndrome, trum Disorders Awareness Day with appro- fetal alcohol effects, alcohol-related National Fetal Alcohol Spectrum Awareness Day. Although September 9 priate ceremonies to— neurodevelopmental disorder and alco- (i) promote awareness of the effects of pre- is several months off, I have asked that hol-related birth defects. natal exposure to alcohol; The only cause of FASD is alcohol the resolution be considered at this (ii) increase compassion for individuals af- use during pregnancy. When a pregnant time as a tribute to the efforts of the fected by prenatal exposure to alcohol; woman drinks, the alcohol crosses the FASD parents and advocates who have (iii) minimize further effects of prenatal placenta into the fetal blood system. come to Washington, DC, educate all of exposure to alcohol; and Thus, alcohol reaches the fetus, its de- us about the dangers of alcohol and (iv) ensure healthier communities across the United States; and veloping tissues and organs. This is pregnancy and to provide them with a tool to encourage each of their commu- (B) observe a moment of reflection on the how brain damage occurs, which in ninth hour of September 9, 2005, to remember turn can lead to mental retardation, nities to observe and participate in that during the 9 months of pregnancy a social and emotional problems, learn- FASDAY 2005 when they return home. woman should not consume alcohol. ing disabilities and other problems. In Mr. FRIST. I ask unanimous consent f fact, FASD is the leading cause of men- the resolution be agreed to, the pre- tal retardation in all of western civili- amble be agreed to, and the motion to ORDERS FOR FRIDAY, MAY 13, 2005 reconsider be laid on the table. zation, including the United States. Mr. FRIST. I ask unanimous consent Since the only cause of FASD is pre- The PRESIDING OFFICER. Without objection, it is so ordered. that when the Senate completes its natal alcohol consumption it follows business today, it stand in adjourn- that by abstaining from the consump- The resolution (S. Res. 141) was agreed to. ment until 10 a.m. on Friday, May 13. I tion of alcohol during pregnancy a further ask that following the prayer woman can completely foreclose the The preamble was agreed to. and pledge, the morning hour be possibility that her baby will be born The resolution, with its preamble, deemed expired, the Journal of pro- with one or another of the conditions reads as follows: ceedings be approved to date, the time that are regarded fetal alcohol spec- S. RES. 141 for the two leaders be reserved, and the trum disorders. Whereas the term ‘‘fetal alcohol spectrum Every day of the year we must re- disorders’’ includes a broader range of condi- Senate then resume consideration of mind women that no amount of alcohol tions and therefore has replaced the term H.R. 3, the highway bill. consumed during pregnancy is safe for ‘‘fetal alcohol syndrome’’ as the umbrella The PRESIDING OFFICER. Without their baby. No alcohol during preg- term describing the range of effects that can objection, it is so ordered. occur in an individual whose mother drank f nancy is safe. None at all. alcohol during pregnancy; To dramatize this point, a group of Whereas fetal alcohol spectrum disorders PROGRAM parents who were raising children af- are the leading cause of mental retardation flicted with fetal alcohol came to- in western civilization, including the United Mr. FRIST. Mr. President, tomorrow gether on the Internet and wondered in States, and are 100 percent preventable; the Senate will resume consideration cyberspace, ‘‘What if a world full of Whereas fetal alcohol spectrum disorders of the highway bill. Earlier today we FAS and FAE parents all got together are a major cause of numerous social dis- invoked cloture on the substitute on the 9th hour of the 9th day of the orders, including learning disabilities, school amendment, and the chairman and 9th month of the year and asked the failure, juvenile delinquency, homelessness, ranking member were able to construct world to remember that during the 9 unemployment, mental illness, and crime; a final list of amendments. We are now Whereas the incidence rate of fetal alcohol months of pregnancy a woman should syndrome is estimated at 1 out of 500 live on a glidepath to complete work on not consume alcohol?’’ If this were to births and the incidence rate of fetal alcohol this legislation early next week, and I occur, they wondered, ‘‘Would the spectrum disorders is estimated at 1 out of do want to thank all Members for their world listen?’’ every 100 live births; hard work and cooperation.

VerDate Aug 04 2004 04:46 May 13, 2005 Jkt 039060 PO 00000 Frm 00178 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.068 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — SENATE S5185 With that being said, there is still ADJOURNMENT UNTIL 10 A.M. CONFIRMATION work to be done. The bill managers will TOMORROW be here tomorrow morning to receive Executive nomination confirmed by the final few amendments. There will Mr. FRIST. Mr. President, if there is the Senate: Thursday, May 12, 2005: no further business to come before the be no rollcall votes tomorrow, but I en- DEPARTMENT OF DEFENSE courage those Members who have Senate, I ask unanimous consent the Senate stand in adjournment under the JOHN PAUL WOODLEY, JR., OF VIRGINIA, TO BE AN AS- amendments on the final list to come SISTANT SECRETARY OF THE ARMY. previous order. THE ABOVE NOMINATION WAS APPROVED SUBJECT TO to the floor tomorrow to offer and de- THE NOMINEE’S COMMITMENT TO RESPOND TO RE- bate their amendments. We will be vot- There being no objection, the Senate, QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY ing on Monday evening, and that would at 8:40 p.m., adjourned until Friday, CONSTITUTED COMMITTEE OF THE SENATE. be the next rollcall vote. May 13, 2005, at 10 a.m.

VerDate Aug 04 2004 04:46 May 13, 2005 Jkt 039060 PO 00000 Frm 00179 Fmt 0624 Sfmt 9801 E:\CR\FM\G12MY6.129 S12PT1 May 12, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E949 EXTENSIONS OF REMARKS

HONORING GEORGE LAW Speaker, so many in Sulphur Springs have tors are already armed with the Continuing benefited from George’s leadership and in- Criminal enterprise, CCE, and Racketeer Influ- HON. RALPH M. HALL volvement in his community. Today in the enced and Corrupt Organizations Act, RICO, OF TEXAS House of Representatives, let us join his fam- statutes. IN THE HOUSE OF REPRESENTATIVES ily and many friends in paying tribute to this So, is there an urgent need to pass new outstanding citizen and great American— legislation that ‘‘federalizes’’ criminal gang ac- Thursday, May 12, 2005 George Law. tivity and pushes the Federal Government fur- Mr. HALL. Mr. Speaker, I am honored to f ther into law enforcement that is now being pay tribute to George Law of Sulphur Springs, handled by the states? I doubt it, and think a TX, who has been selected as the Sulphur RECOGNIZING THE REVEREND better approach would be to support state and Springs Kiwanis Layperson of the Year by MICHAEL H. HARRISON, SR. local law enforcement directly. Golden K and Sulphur Springs Kiwanis Clubs. I am also not convinced that it makes sense These Clubs will recognize George at a HON. TIM RYAN to further expand the definition of criminal special dinner on May 19, 2005. Hopkins OF OHIO street gang and to reclassify some mis- County Judge Cletis Millsap and the Commis- IN THE HOUSE OF REPRESENTATIVES demeanors as crimes of violence, as this bill sioners Court will proclaim May 20 as George would do, and I am particularly concerned Law day. Sulphur Springs Mayor Chris Brown Thursday, May 12, 2005 about the provisions to establish new manda- and members of the City Council will issue a Mr. RYAN of Ohio. Mr. Speaker, I rise today tory minimum sentences. proclamation in his honor. State Representa- in recognition of The Reverend Michael H. Violent and dangerous people, whether tive Mark Homer will send special recognition Harrison, Sr., for his decade of inimitable serv- members of gangs or not, need to be securely from the Texas Legislature, and I appreciate ice to the Youngstown community. confined. But our experience with mandatory the opportunity to recognize this outstanding After serving the United Baptist Church in minimum sentences shows they are ineffective citizen of Sulphur Springs in the CONGRES- Akron for 10 years, Pastor Harrison was called in preventing crime, they distort the sentencing SIONAL RECORD. to lead the 125-member congregation of the process, and result mainly in a considerable George is a retired educator, having served Union Baptist Church in Youngstown, Ohio, in waste of taxpayers’ money. more than 20 years as both a teacher and 1995. In just four years, the Pastor built the I think instead of adding new Federal laws, principal. George was vocational agriculture congregation to more than 650 people from Congress would achieve better results by pro- teacher in McCauley, science teacher and our community. Today, thanks to his work, a viding greater assistance to state and local Kiwanis Key Club advisor in Sulphur Springs, new sanctuary of the Union Baptist Church law enforcement agencies and to prevention and principal in the Como-Pickton Consoli- can seat over 800 worshippers. programs which can reduce the impetus for dated Independent School District. Throughout In addition to his tireless commitment to his young people to join gangs. his years as an educator, George exceeded church and congregation, Pastor Harrison has The bill does include some provisions that I what might be expected to challenge and en- shared his leadership with countless other support, including those that will make it easi- courage young people. He provided emotional civic and religious organizations. He is Chair er for law enforcement agencies to have ac- support and, in some cases, financial assist- of the African-American Leadership Commis- cess to information about people who are in ance to some of his students in critical need. sion and is also the 1st Vice President of the the country illegally and are subject to depor- Untold numbers of former students who have Ohio Baptist State Convention. The Pastor tation. However, I think that they are out- gone on to complete their college education previously served as President of the Baptist weighed by the bill’s defects and so I will vote give George the credit for challenging and Pastor’s Council of Youngstown and vicinity. against this measure. supporting them. In 2004, he was honored as ‘‘One of the f In addition to his work in education, George World’s Most Beloved Pastors’’ by Gospel has devoted countless hours to his commu- Today Magazine. PISKARYOVSKOYE MEMORIAL nity. For more than 35 years he has been a I commend The Reverend Michael H. Har- CEMETERY AT ST. PETERSBURG, strong supporter of Boy Scouts and continues rison, Sr., for his selfless dedication to our RUSSIA to support scouting both financially and community. through his personal efforts. He has been a f HON. JOE WILSON driver for the Road to Recovery Program, driv- OF SOUTH CAROLINA PROVIDING FOR CONSIDERATION ing residents to other cities for medical ap- IN THE HOUSE OF REPRESENTATIVES pointments and treatment. OF H.R. 1279, GANG DETERRENCE George also is an active member and trust- AND COMMUNITY PROTECTION Thursday, May 12, 2005 ee of First United Methodist Church of Sulphur ACT OF 2005 Mr. WILSON of South Carolina. Mr. Speak- Springs. As a member of the church building er, the eyes of the world have been on Mos- committee, he served as contractor for the SPEECH OF cow this week as Allies celebrated the 60th renovation of the church administration build- HON. MARK UDALL anniversary of victory over Nazism. ing free of charge. George has been president When Russians historically held off the 900– OF COLORADO of the Messengers’ Class, Methodist Men, day siege of Leningrad, St. Petersburg served IN THE HOUSE OF REPRESENTATIVES serves as an usher and helps in the church as an extraordinary front in Russia. The kitchen. Everywhere he goes George is a gen- Wednesday, May 11, 2005 Piskaryovskoye Memorial Cemetery at St. Pe- eral advocate for his church. The House in Committee of the Whole tersburg is a vivid reminder of this sacrifice, George and his wife, Barbara, have instilled House on the State of the Union had under containing over 600,000 deceased in the larg- good work ethics in their children and grand- consideration the bill (H.R. 6) to ensure jobs est mass grave in history. children. When he left the teaching profession for our future with secure, affordable, and re- On Sunday, I joined Congresswoman MAD- he would never say he retired. He would say, liable energy: ELEINE BORDALLO in representing the United ‘‘I just quit,’’ and continued to work tirelessly Mr. UDALL of Colorado. Mr. Chairman, I do States at a wreath laying ceremony attended for his family, his church, the Sulphur Springs not support this bill in its current form, and by representatives from 30 other nations. The Golden K Kiwanis, and his community. must vote against it. program was inspiring and recognized the re- According to Kerry Craig, assistant editor of Gang violence is real and serious. And stored friendship of the people of Russia and the Sulphur Springs News Telegram, on any there are already a wide range of Federal America. project George undertakes, his approach is to laws on the books that can be and are used St. Petersburg Governor Valentina ‘‘Lead, follow, or get out of the way.’’ Mr. to combat it. For example, Federal prosecu- Matviyenko, Vice Governor Aleksandr

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Aug 04 2004 07:13 May 13, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A12MY8.001 E12PT1 E950 CONGRESSIONAL RECORD — Extensions of Remarks May 12, 2005 Prokhorenko, and the courageous Siege vet- Notwithstanding her significant professional Leo’s many accomplishments could fill vol- eran essayist Daniil Granin served as the gra- accomplishments, Mrs. Thomas was also rec- umes, and his influence in Greenville and cious hosts of our visit. Each host sincerely ognized on numerous occasions for her im- Hunt County will be felt for years to come. In conveyed warm Russian hospitality in one of pact on her community and on the African- recognition of his significant contributions, the the world’s most beautiful cities. American population in Alabama and across Greenville Herald Banner named Leo Out- Additionally, the professional staff of the the country. She was honored by the Alabama standing Young Man in 1958, and he received U.S. Consulate at St. Petersburg including the Press Association for lifetime achievement, the Greenville Worthy Citizen of the Year U.S. Marine contingent was very helpful. Act- and in 1974 was honored by the National award in 1975. The street leading up to the ing Consul General Karen Malzahn with her Council of Negro Women for her professional Sports Complex was named Leo Hackney staff have a proven record of enthusiasm and accomplishments. Additionally, the NAACP Boulevard in his honor. continues to represent America at its best. recognized her efforts nationally in 1998, and Leo also served his Nation with distinction f she is the first African-American to be in- during World War II. He graduated in the top ducted into Auburn University’s Hall of Honor. HONORING THE MEMORY OF MRS. three percent of Naval Midshipman School She has also been recognized by the City of LANCIE M. THOMAS and served as Captain of the ship that es- Mobile, the Mobile County Commission, and corted General Douglas McArthur in the Phil- such organizations as the Drug Education ippines. He retired as Captain from the U.S. HON. JO BONNER Council, the American Red Cross, the Salva- Navy after 27 years of service. OF ALABAMA tion Army, the Alabama Department of Indus- For 20 years Leo served on the committee IN THE HOUSE OF REPRESENTATIVES trial Relations, and the National Newspaper to nominate youth to military academies for Thursday, May 12, 2005 Publishers Association. my predecessor, Congressman RAY ROBERTS, Mr. BONNER. Mr. Speaker, Mobile County Mr. Speaker, I ask my colleagues to join me and continued to serve for another 20 years and indeed the entire State of Alabama re- in remembering a dedicated community leader on my committee to recommend academy ap- cently lost a dear friend, and I rise today to and friend to many throughout south Alabama. pointments. He served with distinction and honor her and pay tribute to her memory. Mrs. Throughout her life, Lancie Thomas set a was my trusted adviser and good friend. Lancie B. Thomas was a devoted family standard of excellence in the newspaper busi- Leo also was devoted to his family—his woman and a pioneer in the Alabama pub- ness second to none. More importantly, how- wife, Dava, daughters and sons-in-law Susan lishing community. ever, she set a standard of excellence in her and Jim Rath of Houston and Sharon and Joe A native of Beatrice, Alabama, Mrs. Thomas achievements specifically on behalf of the Leonard of Greenville, brother Bill Hackney of attended the Monroe County Training School, American-American community, but also for Cibolo and six grandchildren. He was a won- Tuskegee University, and Alabama State Uni- the entire City of Mobile, her State, and her derful husband, father, and grandfather who versity, and following her education she Nation. She will be deeply missed by her fam- supported and encouraged his family, and he worked for many years as a home economics ily—her daughter, Cleretta Thomas Blackmon, leaves behind a legacy of kindness and ac- teacher in the Tuscaloosa County school sys- her stepdaughter, Audrey Thomas, her sib- complishments that will endure for genera- tem. Upon leaving the teaching profession, lings, Alberta B. Ford, Robert Black, Ruth B. tions. she began to assist her husband, the late Jefferson, Jency B. Mitchell, Alexander Black, Leo excelled in all that he did at every stage Frank Thomas, with the building of several Bennye B. Reasor, and Rufus Black, and her of his life. He was never satisfied to be only newspapers throughout the state of Alabama. grandchildren—as well as the countless a member or supporter. He was a leader, and These included the Selma (Alabama) Citizen, friends she leaves behind. Our thoughts and when he wasn’t leading, he made others bet- the Alabama Citizen in Tuscaloosa, and the prayers are with them all at this difficult time. ter leaders through his example and encour- Mobile Weekly Review. The Weekly Review, f agement. Leo was never simply a friend—he started in 1943, had its named changed to the IN MEMORY OF LEO HACKNEY was a best friend to so many. The City of Beacon in 1954 and has continued operations Greenville and our Nation are enriched by the to the present day. During her long newspaper life of this esteemed citizen. Mr. Speaker, as career, Mrs. Thomas worked in a variety of HON. RALPH M. HALL OF TEXAS we adjourn today, let us do so in honor and positions in the family’s newspaper business, IN THE HOUSE OF REPRESENTATIVES memory of this wonderful man, great Amer- including those of vice president, secretary, ican and my good friend—Leo Hackney. Thursday, May 12, 2005 and treasurer. She eventually became the edi- f tor and publisher of the Beacon and continued Mr. HALL. Mr. Speaker, it is a privilege to in that position until her retirement as pub- celebrate the life of a great East Texan and THE INTRODUCTION OF ‘‘TIM lisher emeritus in 1997. my good friend, Leo Hackney, who passed FAGAN’S LAW’’ Even with her numerous professional obliga- away on February 22 at the age of 85. Leo tions, Mrs. Thomas also found time to involve was one of the giants in Greenville, Texas, HON. STEVE ISRAEL herself in several Mobile community organiza- where he devoted his life to serving the citi- OF NEW YORK tions and other causes which had an impact zens of his beloved community. IN THE HOUSE OF REPRESENTATIVES on the local, state, and federal levels. Begin- Leo served as Mayor of Greenville three ning in the 1940s, she was involved in voter times and as Mayor Pro-Tem and Council Thursday, May 12, 2005 registration efforts throughout Alabama and Member. He was chairman of the Greenville Mr. ISRAEL. Mr. Speaker, I rise to introduce became involved in numerous political, social, Board of Development and president of the legislation that will make our Nation’s prescrip- and religious organizations throughout the Chamber of Commerce. He served as tri-cap- tion drugs safer by making it harder for coun- United States. She was instrumental in the for- tain for Greenville’s Sesquicentennial Celebra- terfeit drugs to enter the distribution system mation of Mobile’s Hillsdale Presbyterian tion that established the Audie Murphy Statue and increasing penalties for those who try. Church and served as one of that parish’s for the city. He served as a member of the In 2002, a teenage constituent of mine, founding elders, as well as devoting significant Greenville Independent School District, Green- named Tim Fagan, learned first hand about time to attending to the needs of the con- ville Hospital, YMCA, U.S. Savings Bond the problem of counterfeit drugs in this coun- gregation, both young and old alike. Mrs. Board, Citizens for Growing Greenville, Green- try. He was recovering from a liver transplant, Thomas served as the vice president of the ville Majors Baseball Team Club and Junior and was taking the drug Epogen, in order to Presbyterian Woman of South Alabama and Chamber of Commerce. He headed the March fight his related anemia. His parents bought was in 1988 selected to represent south Ala- of Dimes Drive and United Way Fund, the the Epogen from the local branch of reputable, bama at the Bicentennial Celebration of the drive to build a Sports Complex for the City, nationwide pharmacy. In order to help her son, Presbyterian Church, U.S.A. and served as president of the Hunt County his mother dutifully injected the Epogen into She was also a member of the Alabama Development Council. He was one of the or- his arm. After waking up in pain many nights Press Association, the National Newspaper ganizers of Colonial Bank and operated it for in a row and not knowing why, the family re- Publishers Association, the Greater Mobile several years. Earlier in his career, he joined ceived a telephone call. The Epogen that his Area Chamber of Commerce, the Advertising KGVL radio station, beginning in sales and re- mother had been injecting to help her son re- Federation of Greater Mobile, the South Ala- porting and working up to general manager cover from a liver transplant was counterfeit. bama Region Planning Committee, the Mobile and eventually president. He later became It is imperative that Congress does every- Mental Health Center, the Drug and Alcohol president of sister FM station KIKT and built thing they can to ensure this never happens Council, and the Better Business Bureau. the first cable television system in Greenville. again. The Epogen that Tim had taken was

VerDate Aug 04 2004 07:13 May 13, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A12MY8.004 E12PT1 May 12, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E951 the equivalent of a three-dollar bill. The medi- World War II, and became a symbol of the Members of Congress witnessed the efficiency cine should have gone into the dumpster out- survival of the Jewish people. Despite the and fearlessness of our police force first-hand. side of the drug store, and not on the drug genocidal actions of the Nazis, Jewish sur- But it should not take an emergency for us to store shelf. vivors of the Holocaust emigrated to Israel and recognize those who risk their lives for our Tim is not the only victim of counterfeit dedicated themselves to transforming this protection. It should not take a tragedy for us drugs. desert region into a thriving nation. to say thank you. Counterfeit prescription drugs are becoming Israel has never known a day of true peace. an increasingly severe problem in the United On May 14, 1948, the 5th of lyar in the He- Mr. Speaker, 415 names will be added to States. In the past three years, Lipitor, Procrit, brew calendar, the British Mandate expired the National Law Enforcement Officers Memo- Epogen, and Serostim have been recalled due and Israel declared its independence. That rial this week. I’d like to speak to you about to a prevalence of counterfeits. According to evening, the United States recognized the new one of the names that will be written on the the Pharmaceutical Security Institute, the nation. Less than 24 hours later, the regular Memorial, a name that many from my home- value of counterfeit, seized and diverted drugs armies of Egypt, Jordan, Syria, Lebanon and town of Baltimore hold in our hearts. in the United States was almost $200 million Iraq invaded Israel, forcing the fledgling state Almost exactly a year ago, Officer Brian D. in 2003, seven times more than 2002. The to fight for its survival. The War of Independ- Winder was killed in the line of duty as he re- World Health Organization has stated that ence endured intermittently over the course of sponded to a 911 call. He was only 36. Mr. worldwide, the counterfeit drug industry was 15 months and claimed over 6,000 Israeli lives Speaker, you need only read the postings on worth about $32 billion in 2003. (nearly one percent of the country’s Jewish Officer Winder’s memorial website to know Counterfeit drugs may contain inactive sub- population at the time). Since that time, Israel how much he meant to his wife, children, and stances like water or saline. They may also be has fought to defend itself over and over re-labeled to show they have a higher dosage again, in the 1956 War, the Six Day War, the fellow officers. In fact, if I may, I would like to than what is actually in the vial, which leads Yom Kippur War, the Lebanon War and most read the posting written by Officer Winder’s patients to take much less medicine than is re- recently, against two intifadas. partner, LeTanye. quired. They may also contain wrong ingredi- Reviled by its neighbors, Israel has none- Hey B., today starts a tough time for me ents or contaminants. Since people taking theless succeeded in becoming a vibrant de- and a lot of others who miss you. I have that these counterfeited drugs are already sick, it is mocracy with one of the strongest economies task of making sure that your family makes harder for fakes to be detected. Victims of in the Middle East. While it began as a poor it through all of the ceremonies that are up- counterfeiting may believe that they are just agricultural nation, Israel has recently become coming in honor of Police Memorial Week. not getting better or the worsened symptoms a leader in technology research and develop- There have been so many times, recently, are an effect of their illness and not counter- ment. Indeed, Israel’s standard of living rivals that I just wanted to give up being a peace feited drugs. that of any Western nation. officer because it has gotten so much more There are many opportunities for counter- Mr. Speaker, on this day of Yom dangerous for us on the streets. The depart- feiters to enter the American pharmaceutical HaAtzmaut, I would like to recall the words ment is falling apart one by one. These are things that you and I spent countless times distribution system. New York State Attorney spoken by Levi Eshkol, Prime Minister of discussing. But now you are gone and it’s General Eliot Spitzer recently subpoenaed the Israel, at the end of the Six Day War: ‘‘We hard. My sister was attacked the other day three largest wholesales, AmeriSourceBergen, saw clearly that this is no mere ingathering of by an unknown male and I told myself that McKesson, and Cardinal Health. However, the exiles, but a new yet ancient nation, a I had to continue this job. I have to continue there are about 12 large regional wholesalers united nation, which has been tempered in the to see that my family and yours are safe. I and an estimated 6,500 smaller drug whole- furnace of one Israel, forged out of all our know that you would want me to do so. I just salers. tribes and the remnants of scattered commu- ask that you stay by my side and help me More than half of all drugs go through this nities they, their sons and daughters. A nation continue the fight, even when I feel that I series of middlemen. The drugs go from the has come into being which is ready for any ef- can’t do it anymore. manufacturer to a large wholesaler, then fort or sacrifice in order to achieve its goals.’’ Mr. Speaker, LeTanye has reason to feel through a number of smaller wholesalers, until Mr. Speaker, I salute the people ofIsrael as lonely and overwhelmed. The President, and finally making it to the local pharmacy. With they celebrate the 57th anniversary of the yes, this Congress, have abandoned her. The prescription drugs repeatedly changing hands founding of their nation, and hope to join them President’s budget slashed billions of dollars and the prospect of high profits, counterfeiters in celebrating many more years of independ- from essential law enforcement programs like have the ability and the motive to interject ence. COPS, a program that had added thousands these fake drugs into America’s prescription f drug distribution system. of police officers to our most dangerous neigh- My legislation aims to make it more difficult IN RECOGNITION OF NATIONAL borhoods. Now law enforcement officers like for counterfeiters to infiltrate the system. My POLICE WEEK LeTanye will have to shoulder even more of bill calls for an audit trail of everyone’s hands the burden of our collective safety. the drugs have been in, from manufacturer to HON. ELIJAH E. CUMMINGS So, I ask you, how many more partners will pharmacy. It calls for the utilization of the best OF MARYLAND LeTanye lose as a result of these cutbacks? anti-counterfeiting technologies. It gives the IN THE HOUSE OF REPRESENTATIVES Deep cuts to the COPS, Byrne grants and FDA authority to recall drugs that may have Thursday, May 12, 2005 HIDTA programs endanger their lives and been tampered with. It authorizes funds for hinder their ability to protect our communities. Mr. CUMMINGS. Mr. Speaker, I rise today spotchecking and education. Finally, it in- How can we say to her, we know it’s hard, creases the criminal penalties for counter- to pay tribute to our fallen heroes and to offer my heartfelt thanks to our brave men and and it’s going to get harder because we aren’t feiters, including up to life in jail. willing to give you the support you need? How It is my hope that this Congress will address women in blue. can we look Capitol Police Officers in the face, the issue of counterfeiting, and I am looking Yesterday, sadly, was an eerily familiar day. knowing they are willing to give their lives for forward to working on a bipartisan basis to Once again, fighter jets circled the bright blue our protection, while we pass legislation that enact this legislation. sky and alarms echoed throughout the halls of endangers theirs. f Congress. As my colleagues and I rushed off the House floor, a police officer exclaimed, Mr. Speaker, we should honor all of our law YOM HAATZMAUT ‘‘This is not a test! Run!’’ enforcement officers by giving them the re- Mr. Speaker, there was fear in the officer’s sources they need to do their jobs well and HON. CAROLYN B. MALONEY eyes, but there was bravery in her voice. This safely. We must do more than etch one more OF NEW YORK was the moment for which she had trained, name onto a memorial wall. We must speak IN THE HOUSE OF REPRESENTATIVES and she was determined to shepherd us to truth to power by etching a legacy of respect, safety. I thanked God, once again, for the gratitude and priority funding into our fiscal Thursday, May 12, 2005 commitment, courage and competence of the policies for our nation’s law enforcement Mrs. MALONEY. Mr. Speaker, I rise to sa- Capitol Police. lute Israel as it celebrates the 57th anniver- Mr. Speaker, it is all too fitting that this week forces. sary of Yom HaAtzmaut, Independence Day. is National Police Week. When an unidentified Thank you. I yield back the balance of my The Jewish nation rose from the ashes of aircraft entered restricted air space yesterday, time.

VerDate Aug 04 2004 07:13 May 13, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A12MY8.007 E12PT1 E952 CONGRESSIONAL RECORD — Extensions of Remarks May 12, 2005 SUPPORTING GOALS AND IDEALS fornia Highway Patrol Officer James Good- flag made by my mother, Dagmar OF A ROTARY INTERNATIONAL man, who was killed in the line of duty on Pavlansky, in Czech Republic (former DAY June 3, 2004. Officer Goodman was a man of Czechoslovakia) in the spring of 1945 at the outstanding character and spirit who selflessly end of the Second World War. SPEECH OF served the state of California. I was a 6-year-old child at the time, and as HON. MARK UDALL Officer Goodman joined the California High- such I could not be trusted enough to be part OF COLORADO way Patrol in 1984. In 1989 he was the first of my parent’s decision concerning making IN THE HOUSE OF REPRESENTATIVES to arrive on the scene when the Cypress Free- flags—American, French, English and Soviet way collapsed during the Lorna Prieta Earth- Tuesday, May 10, 2005 representing four allies that the Czech peo- quake. With complete disregard for his own ple hoped to welcome into their country. Mr. UDALL of Colorado. Mr. Speaker, I rise safety, he crawled through a tiny space to at- However, I remember that there was a short- in strong support of this resolution. tempt to rescue a victim who was trapped in age of almost everything, especially of any As the resolution notes, Rotary was founded a truck that had been crushed. He received kind of cloth material and even thread sew- in Chicago, Illinois, on 23 February 1905, and the Governor’s Medal of Valor Award in 1991 ing were not available. After the war, when Rotarians now have set an example of a full for his heroic efforts that day. I was older, my mother told me that she had century of service to their communities. Officer Goodman was killed when his motor- to dye white bed sheets and go into the attic But Rotary is more than history. Today there cycle collided head-on with a minivan as he to rummage through old magazines and are more than 400,000 Rotarians in the United was pursuing a suspect involved in an earlier newspapers to find pictures of the flags. She States and more than 1.2 million Rotarians in accident in San Bernardino, California. He had had to work at night when my older sister over 32,000 clubs in 166 nations throughout served honorably with the California Highway and I were asleep—what she was doing was a the world—including 20 clubs in Colorado’s Patrol for 20 years. crime, it was against the law of the occu- 2nd Congressional District alone. Those who knew Officer Goodman remem- pants—the Nazis. I was told it was punish- Rotarians provide tangible demonstrations ber him as a selfless man who loved his fam- able by death. ily and his work. He had a passion for riding of the power of their ideal and motto of ‘‘Serv- Then there came May of 1945—the mar- ice Above Self’’ by their efforts around the motorcycles and for serving Californians. Offi- cer Goodman was dedicated to protecting the velous month when the war in Europe ended world toward elimination of diseases and the and my Czechoslovakia (near Pilsen at improvement of health as well as the provision people of California, and was willing to put his life on the line for the safety of others. He died Blatna) was liberated by the American army. of potable water and education for all. And I will never forget the night when I was over the years, through The Rotary Founda- honorably and will forever be remembered as a brave and courageous man. awakened by my smiling parents in company tion, they have provided generously for under- of three American soldiers. Our house was f takings that have improved the condition of big enough to become the unofficial meeting people in all parts of the world. CZECHS APPRECIATE AMERICAN place for the officers who were stationed in In particular, Rotary International and its SACRIFICES FOR LIBERATION our little town. I remember my father, Judr. members have provided essential support to- Jan Pavlansky, who was a good pianist, ward the eradication of polio, measles, and playing ‘‘Happy days are here again’’ and other diseases, including donations of more HON. JOE WILSON OF SOUTH CAROLINA ‘‘Roll out the barrels,’’ and the soldiers than $600 million toward this cause, and have teaching us to dance the boogie-woogie. All IN THE HOUSE OF REPRESENTATIVES provided vaccines for immunizing over 2 billion the soldiers were wonderful—friendly, help- children in the world. And in addition, Rotary Thursday, May 12, 2005 ful, and generous. My love for the American Clubs annually provide tens of millions of dol- Mr. WILSON of South Carolina. Mr. Speak- flag started during those times, and it has lars of local and global humanitarian support er, on Friday, I was honored to join Congress- been a life long affair. through grants, the services of Rotary Volun- man JACK KINGSTON as he led a delegation for I am not sure what happened to the other teers and matching grants. a wreath laying and dedication of a monument flags my mother had made. Through the In the field of education, Rotary Clubs col- in Pilsen, Czech Republic, to the veterans of years of hardship when my country became a lectively are among the largest private pro- the U.S. Army who liberated Western Bohemia part of the Easter Europe (the unlucky coun- vider of scholarships in the history of the of Czechoslovakia in May 1945. tries ruled by the Soviet Regime) I was re- world, annually providing scholarships to tens Czech President Vaclav Klaus presided with membering the American one. The flag kept of thousands of students. Also, Rotary Inter- Prime Minister Jiri Paroubek and Pilsen Mayor reminding the people behind the Iron Cur- national has sent over 200,000 students on Miroslav Kalous. The large double columns of tain that freedom and decency still existed Youth Exchange programs that foster under- the monument symbolizing Czech-American in the world even if they could not enjoy it standing of people throughout the world as friendship were hailed by the U.S. Presidential themselves in almost 40 years. delegation led by Veterans Administration well as the development of leaders who go on In August of 1968, when Czechoslovakia Secretary Jim Nicholson. The American dele- to serve society. And Rotary International has tried to free itself and wanted to become a gation was hosted by Ambassador William provided $80 million to promote Group Study democratic, self-ruled country again, it was Cabaniss, a former Alabama State Senator, Exchanges of over 42,000 young adults for overrun by Soviet tanks. My husband, Karel who delivered a letter from Congressman extended visits to other countries and to the Culik, and I immigrated to Canada. It took SPENCER BACHUS and Birmingham Rotarians United States where they learn, teach and cre- 22 years before we could go back to visit ate deep relationships, understanding and ap- to establish the city of Pilsen as the sister city Czechoslovakia. We went back in 1990 after preciation for different cultures. of Birmingham, Alabama. the Soviet bloc in Europe collapsed. By then The impressive monument corrects a distor- So, it is very appropriate for Congress, we had moved to the United States and were through this resolution, to recognize Rotary tion of history, where former communist op- living in Chapin, South Carolina. pressors bizarrely claimed that Americans had International and Rotarians in every State and When I returned to Czechoslovakia, my around the world as they commemorate and not been present and that the liberators were Soviet troops in American uniforms. Fortu- first ‘‘quest’’ was to find the American flag celebrate Rotary’s centennial and to encour- of my childhood. Despite the fact that my age them to work for even greater success in nately, the long suppressed truth is now clear- ly marked, proudly proclaiming ‘‘Thank You family had to move from place to place, the their second century of service. America’’ for the U.S. Army in May 1945. flag had survived on the bottom of an old f On April 29, 2005, prior to attending the fes- suitcase with other cherished mementos given to use by the American soldiers in 1945. TRIBUTE TO CALIFORNIA HIGH- tivities, Diane Brown presented me the fol- WAY PATROL OFFICER JAMES lowing article written by her neighbor Jana Nowadays the flag is here in Chapin. It is GOODMAN Culik of Chapin, South Carolina. Her story is still one of my most treasured possessions. an inspiring personal account of heroism and Through the years, I have become a collector appreciation of the United States by the Czech of keepsakes related to special eras of my HON. JOE BACA life. It seems that the American flag or at OF CALIFORNIA people who now live in a liberated democracy that enjoys membership in NATO and the EU. least the symbol of it has been present my IN THE HOUSE OF REPRESENTATIVES AMERICAN FLAG whole life and it has now come full circle— Thursday, May 12, 2005 (By Jana Culik) in 1945, then later on, and especially now the Mr. BACA. Mr. Speaker, it is with great re- I think that the following little narrative American flag still stands for freedom. spect that I pay tribute today to the life of Cali- should be shared—it is about an American God bless America!

VerDate Aug 04 2004 07:13 May 13, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A12MY8.012 E12PT1 May 12, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E953 PROVIDING FOR CONSIDERATION vide financial aid counseling; and provide study participants were employed as com- OF H.R. 1279, GANG DETERRENCE other appropriate supportive educational serv- pared to 95 percent of the general population. AND COMMUNITY PROTECTION ices. One-third of the participants had incomes at ACT OF 2005 The article follows: or below the poverty level. One-third had no health insurance, and nearly a quarter had [From the Minnesota Public Radio, May 9, experienced homelessness after leaving fos- SPEECH OF 2005] ter care. HON. EARL BLUMENAUER FOSTER-CARE SYSTEM OFTEN ENDS UP HURT- Mr. GARY STANGLER (Co-author, ‘‘On ING THE KIDS IT WAS DESIGNED TO PROTECT Their Own’’): At 18, we say, ‘Happy birthday. OF OREGON (By Hilary Wicai) You’re on your own.’ IN THE HOUSE OF REPRESENTATIVES May is National Foster Care Month. The WICAI: Gary Stangler used to run Mis- Wednesday, May 11, 2005 foster-care system was created to care for souri’s foster-care system. He recently co-au- children who are abused or neglected or thored a book called ‘‘On Their Own.’’ The House in Committee of the Whole whose parents can’t care for them, but a re- Mr. STANGLER: There are literally places House on the State of the Union had under cent study of former foster-care kids finds in the country where young people are eman- consideration the bill (H.R. 6) to ensure jobs many end up hurt by the system that was cipated from foster care and they are deliv- for our future with secure, affordable, and re- supposed to protect them, and once they ered to a homeless shelter. liable energy: turn 18, they’re on their own, often without WICAI: He says there’s nothing magic Mr. BLUMENAUER. Mr. Chairman, I strong- the skills they need to fend for themselves. about turning 18 if you’re undereducated, ly believe that the United States should be The damage takes both an emotional and an lack job skills and have nowhere to go. He doing more to reduce violent crimes, whether economic toll as MARKETPLACE’s Hilary says as they’re shuffled around, many foster Wicai reports from the work and family kids don’t learn anything about paying bills, they are committed by gangs or individuals. I finding an apartment, filing taxes, even voted against the ‘‘Gang Deterrence and Com- desk. Jessica Lindsay was 14 when a couple of tying a tie for a job interview. Now 19, Jes- munity Protection Act of 2005’’ because it fails police officers pulled her out of class. sica Lindsay has her own apartment in to address this problem and impairs our judi- Ms. JESSICA LINDSAY (Former Foster Michigan but only after a couple of false cial system. H.R. 1279 increases penalties for Child): My mother is—she’s a schizophrenic, starts with college and financial aid. non-violent crimes, while imposing mandatory and she’s been that way my whole life. Ms. LINDSAY: This is what I needed and minimum sentences and expanding the death WICAI: Jessica and her mother had a bad this is what I got, and now look at what I penalty. These provisions do nothing to detour fight the day before and the police told Jes- have to deal with. sica she couldn’t go home again ever. WICAI: So she works full time, seeing that gang violence and limit judge’s ability to im- Ms. LINDSAY: ‘Well, why can’t I go home?’ other foster youth get a better start. pose sentences that fit the offense. Further- ‘Well, your mother threatened to kill you, so Unidentified Woman: Clap once if you can more, the bill does not include early interven- we have to remove you from the home.’ hear me! tion programs or other preventative programs WICAI: That began Jessica’s three-year WICAI: She was recently accepted to the that could be successful in reducing gang vio- journey through three social workers, two Child Welfare League of America’s National lence. I am hopeful that Congress will work to foster families, four group homes and four Foster Youth Advisory Council. The group pass legislation that addresses the core issues high schools. Moving around a lot is part of advocates and lobbies for better foster-care policies. behind this serious problem. the system. If kids are in care for four years or more, 37 moves are the median. Unidentified Woman: . . . worked so hard f Ms. MARIAN HERRICK (Former Foster we’ve already put in a seven-hour day with Child): I mean, I have another friend who’s ... WE MUST IMPROVE OUTCOMES lived in over 45 homes when she was in foster WICAI: This month, they met in Wash- FOR CHILDREN LEAVING FOSTER care. Yeah. ington, DC, to discuss how to promote the CARE WICAI: Marian Herrick spent seven years idea of more permanent placements for fos- in foster care after her dad went to prison. ter children. With groups like this behind HON. GEORGE MILLER Herrick says many don’t know what foster her, Jessica is more hopeful that her third children go through because they learn not attempt at college will be more successful. OF CALIFORNIA to tell their stories. Her best friend in middle Jessica’s goal is to graduate. That would IN THE HOUSE OF REPRESENTATIVES school taught her that. help increase the number of foster-care Thursday, May 12, 2005 Ms. HERRICK: Her mom told her that she alumni with bachelor’s degrees. Right now, needed to find a normal friend because I was it’s only 2 percent. Mr. GEORGE MILLER of California. Mr. in foster care. So it’s like there’s definitely f Speaker, the circumstances described in the that stigma. Just answering the most basic following report from Monday’s National Public questions are difficult, like, ‘Where are you IN RECOGNITION OF NATIONAL Radio program clearly indicates the urgent from?’ ‘Well, I’m not really from any one POLICE WEEK need to overhaul the child welfare system in city.’ WICAI: Foster children aren’t from any order to improve outcomes for children aging one city in large part because the system is HON. ELIJAH E. CUMMINGS out of foster care. out of balance. There are only about a hun- OF MARYLAND A recent study by Harvard Medical School dred thousand foster families for 600,000 chil- IN THE HOUSE OF REPRESENTATIVES and Casey Family Programs measured some dren in care. That’s why many, especially of the aftereffects of foster care. That study teen-agers like Jessica Lindsay, end up in Thursday, May 12, 2005 concluded that fewer than 27 percent of foster group homes where they’re looked after by Mr. CUMMINGS. Mr. Speaker, I rise today youth who graduated high school went on to low-wage shift workers. Care in a group to pay tribute to our fallen heroes and to offer college as compared to 52 percent of the gen- home can cost taxpayers nearly 10 times more than family foster care. At one group my heartfelt thanks to our brave men and eral population. And for those who do begin home, Jessica had trouble sleeping. The doc- women in blue. college, the dropout rate for foster youth is ex- tor put her on sleeping pills which made her Yesterday, sadly, was an eerily familiar day. tremely high. More than eighty percent of all sleep through class but she took them. Once again, fighter jets circled the bright blue foster care youth who enroll in college will Ms. LINDSAY: If you don’t comply with sky and alarms echoed throughout the halls of drop out before graduation. what they tell you to do, you can’t get any Congress. As my colleagues and I rushed off In addition to lack of funds and the inability of your rewards that you’re supposed to get, the House floor, a police officer exclaimed, to access the limited federal and state funds like going outside. They reward you for good ‘‘This is not a test! Run!’’ behavior, but you’re not a criminal. You’re that are available, foster youth suffer other here because something happened to you, not Mr. Speaker, there was fear in the officer’s unique disadvantages. While other students because you did something. eyes, but there was bravery in her voice. This are concerned with academic pressures, foster WICAI: A recent study showed post-trau- was the moment for which she had trained, care youth are worried about housing and matic stress disorder rates among foster-care and she was determined to shepherd us to being alone during holidays and breaks when alumni are almost twice as high as in US safety. I thanked God, once again, for the dormitories are closed. veterans of war. The study by Harvard Med- commitment, courage and competence of the Next week I will propose legislation to ad- ical School and Casey Family Programs Capitol Police. dress the shortcomings of the child welfare measured some of the aftereffects of foster Mr. Speaker, it is all too fitting that this week care. Ruth Massinga is president of Casey. system by improving outcomes for children She says the picture is grim for young adults is National Police Week. When an unidentified leaving foster care by awarding grants to col- now out of care. aircraft entered restricted air space yesterday, leges and universities to recruit foster care Ms. RUTH MASSINGA (President, Casey Members of Congress witnessed the efficiency students; provide academic counseling; pro- Family Programs): Only 80 percent of the and fearlessness of our police force first-hand.

VerDate Aug 04 2004 07:13 May 13, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A12MY8.017 E12PT1 E954 CONGRESSIONAL RECORD — Extensions of Remarks May 12, 2005 But it should not take an emergency for us to cently lost a dear friend, and I rise today to For his actions, Mr. DeRobbio was awarded recognize those who risk their lives for our honor him and pay tribute to his memory. Mr. the Carnegie Medal by the Carnegie Hero protection. It should not take a tragedy for us Hugh Thomas Praytor, Jr., known as Tommy Fund Commission, and deservedly so. How- to say thank you. to his many friends, was a devoted family man ever, recognition was certainly not what moti- Mr. Speaker, 415 names will be added to and dedicated community leader throughout vated this hero on that night more than a year the National Law Enforcement Officers Memo- his life. ago. Were it not for Mr. DeRobbio’s selfless rial this week. I’d like to speak to you about A native and lifelong resident of Mobile, Ala- bravery, this inspiring story could have easily one of the names that will be written on the bama, Tommy Praytor was a graduate of the been one of tragedy and loss. Memorial, a name that many from my home- University of Southern Mississippi and worked So today, on behalf of all of his neighbors town of Baltimore hold in our hearts. as a banker for 48 years. His first job, as a in Ohio’s 17th District, I honor Mr. DeRobbio Almost exactly a year ago, Officer Brian D. part-time counter at the old Merchants Na- for his valor. Winder was killed in the line of duty as he re- tional Bank in Mobile, began during summer f sponded to a 911 call. He was only 36. Mr. breaks during his time in college. Following his Speaker, you need only read the postings on graduation, he took a full-time position at Mer- IN MEMORY AND HONOR OF Officer Winder’s memorial website to know chants and worked in the bank’s computer de- MIGUEL CONTRERAS how much he meant to his wife, children, and partment. He continued his career with the fellow officers. In fact, if I may, I would like to bank after it became Regions Bank, and spent HON. LORETTA SANCHEZ read the posting written by Officer Winder’s many years at the end of his career special- OF CALIFORNIA partner, LeTanye. izing in private lending and in bond issues for Hey B., today starts a tough time for me IN THE HOUSE OF REPRESENTATIVES and a lot of others who miss you. I have that municipalities seeking infrastructure and other Thursday, May 12, 2005 task of making sure that your family makes community improvements. it through all of the ceremonies that are up- Even with his numerous professional obliga- Ms. LORETTA SANCHEZ of California. Mr. coming in honor of Police Memorial Week. tions, Tommy also found time to involve him- Speaker, I rise today to mourn the death and There have been so many times, recently, self in several Mobile community organiza- celebrate the life of Miguel Contreras, who that I just wanted to give up being a peace tions. During his lifetime, he served as a group died last Friday at the age of 52. officer because it has gotten so much more chairman for Alabama Young Bankers and As the leader of the Los Angeles County dangerous for us on the streets. The depart- Federation of Labor AFL–CIO, Miguel was a ment is falling apart one by one. These are was treasurer of the Mobile Big Game Fishing things that you and I spent countless times Club. Additionally, he served on or was affili- powerful figure in the labor movement. discussing. But now you are gone and it’s ated with the Senior Bowl Committee, the Mo- Miguel spearheaded the effort to get a new hard. My sister was attacked the other day bile Sports Hall of Fame, the Alabama Deep contract for janitors in 2000. In the same year, by an unknown male and I told myself that Sea Fishing Rodeo, the Mobile Bass Master he negotiated a key deal for Metropolitan I had to continue this job. I have to continue Club, and several Mardi Gras mystic organiza- Transit workers. to see that my family and yours are safe. I tions. He was also a longtime member of All He was deeply involved in politics at many know that you would want me to do so. I just levels. There are few politicians in Los Ange- ask that you stay by my side and help me Saints Episcopal Church in Mobile and spent continue the fight, even when I feel that I several years as both a Sunday school teach- les who didn’t have to work with him. can’t do it anymore. er and a member of the church vestry. And yet, Miguel was a workers’ leader, with Mr. Speaker, LeTanye has reason to feel Mr. Speaker, I ask my colleagues to join me his focus keenly on the workers he rep- lonely and overwhelmed. The President, and in remembering a dedicated community leader resented and their best interest. yes, this Congress, have abandoned her. The and friend to many throughout south Alabama. Maybe that’s because Miguel had been President’s budget slashed billions of dollars Tommy Prayter, Jr., loved life and lived it to there himself. He was the son of farmworkers, from essential law enforcement programs like the fullest, and his passing marks both a loss and he himself started working in the fields at COPS, a program that had added thousands for all of south Alabama and a personal loss the age of 5. In a way, Miguel never left the of police officers to our most dangerous neigh- for me. I was fortunate to call him my friend, field. He carried the struggle with him from the borhoods. Now law enforcement officers like and he will be deeply missed by one and all, fields of the grape boycott, working with Cesar LeTanye will have to shoulder even more of most especially his family—his wonderful wife Chavez, to the streets, rails and hotels of Los the burden of our collective safety. of 46 years, Jamie Catlin Praytor, his sons, Angeles. So, I ask you, how many more partners will Hugh Thomas Praytor, III, and Wilson Wrath The labor movement has lost one of its LeTanye lose as a result of these cutbacks? Praytor, his daughter, Ellen Praytor Wingard, great leaders. We have lost a great American. Deep cuts to the COPS, Byrne grants and his sister, Carolyn Praytor Smith, and four And we have lost one of our great friends. HIDTA programs endanger their lives and grandchildren—as well as the countless Our hearts go out to Miguel’s family, to his hinder their ability to protect our communities. friends he leaves behind. Our thoughts and wife Maria Elena, and his sons Michael and How can we say to her, we know it’s hard, prayers are with them all at this difficult time. Mario. and it’s going to get harder because we aren’t f f willing to give you the support you need? How can we look Capitol Police Officers in the face, RECOGNIZING DAMION DEROBBIO RURAL DISASTER ASSISTANCE knowing they are willing to give their lives for FAIRNESS ACT OF 2005 our protection, while we pass legislation that HON. TIM RYAN endangers theirs. OF OHIO HON. BARBARA CUBIN Mr. Speaker, we should honor all of our law IN THE HOUSE OF REPRESENTATIVES OF WYOMING enforcement officers by giving them the re- IN THE HOUSE OF REPRESENTATIVES sources they need to do their jobs well and Thursday, May 12, 2005 safely. We must do more than etch one more Mr. RYAN of Ohio. Mr. Speaker, I rise today Thursday, May 12, 2005 name onto a memorial wall. We must speak in recognition of Damion DeRobbio, whose Mrs. CUBIN. Mr. Speaker, in the dark of truth to power by etching a legacy of respect, heroics in the face of a neighbor’s house fire night on August 27, 2002, the town of Kaycee, gratitude and priority funding into our fiscal saved the life of a 6-year-old girl. Wyoming was overwhelmed by a 4-foot surge policies for our nation’s law enforcement On April 22 of last year, Mr. DeRobbio of water from the Powder River caused by a forces. rushed to the aid of a frantic mother, whose severe rainstorm—pouring down 2/3 of the f daughter, Mackenzie, was trapped in her bed, town’s annual rainfall within a 6-hour period. HONORING THE MEMORY OF MR. blinded and suffocated by smoke. After sev- The damage was disastrous, over 80 percent HUGH THOMAS PRAYTOR, JR. eral attempts to get into the burning house of Kaycee’s businesses and one-third of their failed, Mr. DeRobbio persevered, smashing residences were damaged or destroyed. But the little girl’s bedroom window and squeezing despite Kaycee’s massive loss—one that HON. JO BONNER through the tiny opening. Mr. DeRobbio would have cost billions had Manhattan, Los OF ALABAMA crawled over the shards of broken glass, sus- Angeles or Chicago lost 80 percent of their IN THE HOUSE OF REPRESENTATIVES taining cuts on his knees and shoulders, and businesses—there was no disaster declara- Thursday, May 12, 2005 seized Mackenzie from her bed. He then tion. Mr. BONNER. Mr. Speaker, Mobile County passed her through the window to a waiting This flood effectively erased the community and indeed the entire state of Alabama re- police officer before climbing out himself. of Kaycee, and it’s absolutely preposterous

VerDate Aug 04 2004 07:13 May 13, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A12MY8.021 E12PT1 May 12, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E955 that damage of this magnitude does not qual- Nothing, however, has come easily for the strived to be a leading source of news and en- ify as a disaster. A comparable disaster in State of Israel. On the very day that President tertainment in south Alabama, and it has dem- Washington, D.C. would have destroyed Truman made his historic announcement, 5 onstrated a strong capability of making rapid 96,196 homes and 15,575 businesses. Wash- Arab states attacked Israel. The initial public adjustments to keep pace with changing ington, D.C. would not function after such a radio address by the first Israeli Prime Min- broadcast trends. Beginning with such pro- catastrophe and neither can Kaycee, Wyo- ister, David Ben-Gurion, was made from an gram as I Love Lucy, The Andy Griffith Show, ming. In fact, under today’s criteria, a majority air-raid shelter in Tel Aviv, whose skies were and The Ed Sullivan Show, WKRG early on of Wyoming’s communities could be destroyed darkened that very day by bombs dropped set a standard for good, family-oriented pro- without receiving a disaster designation, as from Egyptian aircraft. gramming. At one time, station management Kaycee has shown. Rural America needs help Yet despite all the odds, despite a history of also ensured that there was programming and that’s why I am introducing the Rural Dis- being outnumbered and surrounded by hostile geared for the young people in the viewing au- aster Assistance Fairness Act of 2005. nations, the people and the State of Israel— dience and aired such child-friendly shows as My bill will create a Small State Advocate which, geographically speaking, is slightly Rosie’s Place and Small Fry News. The sta- who will participate in the disaster declaration smaller than my own state of New Jersey— tion has continued its quality programming process, assist small States in disaster dec- have endured, and thrived. Although Israel still through the past 50 years to the present day. laration requests, and ensure the needs of faces tremendous challenges today to the se- To their credit, station management has rural communities are being addressed. Addi- curity of its citizenry and its borders, the in- also set a priority on providing the most up to tionally, it would require the Department of domitable spirit that guided the pioneers of a the minute news with a total of nearly 6 hours Homeland Security to report to Congress re- new nation remains a source of powerful inspi- of local news each weekday, with news pro- garding whether current regulations address- ration and an enduring legacy to the Israeli grams at 5:30 and 9:00 a.m. as well as 12:00, ing small state disaster declarations are meet- people. 5:00, 6:00, and 10:00 p.m. The station news ing the needs of states with populations of My distinguished colleagues, I ask that you team has also performed in an outstanding less than one million, and whether current dis- join me in recognizing the remarkable human manner, even in the most difficult of cir- aster regulations are in compliance with statu- achievement that is the State of Israel. As the cumstances; in fact, WKRG was able to con- tory restrictions regarding arithmetic formulas representatives of a freedom-loving nation, we tinue broadcasting important safety and and sliding scales. are proud to celebrate the anniversary of the weather information during Hurricane Frederic This is an important bill and I urge my col- birth of the State of Israel and its success as in 1979 and Hurricane Georges in 1998. Dur- leagues to join me in updating the laws and a beacon of democracy to all people. ing the period of time surrounding the arrival regulations that treat many rural States un- f and landfall of Hurricane Ivan on the Gulf fairly compared to their larger neighbors. Coast in September, 2004, the station did CONGRATULATING WKRG–TV FOR f around-the-clock live broadcasts for an aston- FIFTY YEARS OF BROADCAST ishing 120 hours. ON THE OCCASION OF ISRAEL SERVICE WKRG has also been consistently dedicated INDEPENDENCE DAY to providing the best in public affairs program- HON. JO BONNER ming for its viewing audience. Since 1973, the HON. STEVEN R. ROTHMAN OF ALABAMA station has carried ‘‘Congressional Report,’’ a OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES weekly program covering important issues and IN THE HOUSE OF REPRESENTATIVES news from Washington, D.C. Beginning with Thursday, May 12, 2005 original hosts and former Representatives Thursday, May 12, 2005 Mr. BONNER. Mr. Speaker, it is with great TRENT LOTT, Jack Edwards, and Bob Sikes, Mr. ROTHMAN. Mr. Speaker, I rise today to pride and pleasure that I rise to honor the the program has evolved into one of the lead- commemorate Israel Independence Day, the management and staff of WKRG–TV 5 in Mo- ing congressional and public affairs shows in anniversary of the founding of the State of bile, Alabama, on the celebration of its 50th the nation and has the distinction of being the Israel. Forged from the fire of conflict that Anniversary of broadcast service. longest continually-running program of its type raged through 3 continents in the mid-twen- WKRG was founded by Kenneth R. in the United States. It is chiefly as a result of tieth century, the State of Israel has survived Giddens, a Mobile-area architect, in 1955, and the hard work of the management of WKRG and endured the cauldron of the Middle East the station’s first broadcast was sent out on and their desire to provide the best in public to emerge as a strong and vibrant democ- September 5 of that year. The station was affairs and community service programming racy—the only one of its kind in the region— sold 43 years later to Spartan Communica- that this program has become so successful with the resilient strength of tempered steel. tions, and in 2000 it was sold once again to during its three decade history. Israel was indeed born in a turbulent time Media General of Richmond, Virginia. At Mr. Speaker, one of the most important and place in world history. Fifty-seven years present, the Media General group is one of services which can be provided for the Amer- ago from Saturday, the great Zionist leader the most successful communications compa- ican people is an effective and efficient tele- David Ben-Gurion, proclaimed the birth of the nies in the Southeastern United States, with vision broadcast organization. For the past 5 State of Israel. The very next day, a mere 11 holdings in over 150 newspapers, television decades, WKRG in Mobile has provided just minutes after the official expiration of the Brit- stations, and other media. such an important and invaluable service to ish Mandate in Palestine, President Harry S. Throughout its 50-year history, WKRG has the residents of Alabama’s First District and Truman announced the official recognition by been on the cutting edge of providing the new- throughout the Gulf Coast region. I ask my the United States of the State of Israel. The est in television news, educational, and infor- colleagues to join with me in congratulating bonds between our nation and Israel have en- mational program, and has consistently been Mr. Joe Goleniowski, Vice President and Gen- dured throughout the history of the Zionist one of the top stations on Alabama’s Gulf eral Manager of WKRG, and his entire team state, and today are stronger than ever. Coast. From its early years, the station has on 50 years of excellence.

VerDate Aug 04 2004 07:13 May 13, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A12MY8.027 E12PT1 Thursday, May 12, 2005 Daily Digest Senate ignating September 9, 2005, as ‘‘National Fetal Al- Chamber Action cohol Spectrum Disorders Awareness Day’’. Routine Proceedings, pages S5007–S5185 Pages S5183–84 Measures Introduced: Twenty-six bills and seven Transportation Equity Act: Senate continued resolutions were introduced, as follows: S. consideration of H.R. 3, to authorize funds for Fed- 1008–1033, S. Res. 136–141, and S. Con. Res. 32. eral-aid highways, highway safety programs, and Pages S5070–71 transit programs, taking action on the following Measures Reported: amendments proposed thereto: Pages S5014–62 S. 536, to make technical corrections to laws re- Adopted: lating to Native Americans. (S. Rept. No. 109–67) Inhofe (for Dole/Burr) Amendment No. 574 (to Page S5070 Amendment No. 605), to allow States to own the entire interest of a real estate investment trust with- Measures Passed: out tax consequences in order to assist the State in National Drug Court Month: Senate agreed to S. preserving its railroad infrastructure. Page S5019 Res. 136, designating the month of May 2005 as Inhofe (for Lieberman) Amendment No. 598 (to ‘‘National Drug Court Month’’. Page S5181 Amendment No. 605), to provide a 90 percent Fed- National Child Care Worthy Wage Day: Senate eral match for bridge projects on the Interstate agreed to S. Res. 137, designating May 1, 2005, as Highway System. Page S5019 ‘‘National Child Care Worthy Wage Day’’. Inhofe (for Murray) Modified Amendment No. Pages S5181–82 624 (to Amendment No. 605), to provide for a com- National Day of the American Cowboy: Senate prehensive study of the damages to the Alaska Way agreed to S. Res. 138, designating July 23, 2005 as Viaduct from the Nisqually earthquake to determine whether to repair, retrofit, or replace the Viaduct ‘‘National Day of the American Cowboy’’. Page S5182 and whether emergency relief funding should be Russian Troop Withdrawal: Senate agreed to S. made available for the Viaduct. Page S5019 Res. 139, expressing support for the withdrawal of Inhofe (for Clinton) Amendment No. 628 (to Russian troops from Georgia. Pages S5182–83 Amendment No. 605), to reestablish the University Greater Washington Soap Box Derby: Senate of Buffalo as an appropriate research center for re- agreed to H. Con. Res. 86, authorizing the use of search on the impact of seismic activity on the Fed- the Capitol Grounds for the Greater Washington eral-aid highway system. Page S5019 Soap Box Derby. Page S5183 Inhofe (for Dayton) Modified Amendment No. Special Olympics Law Enforcement Torch Run: 634 (to Amendment No. 605), to raise consumer Senate agreed to H. Con. Res. 135, authorizing the awareness of ethanol-fueled vehicles. Pages S5019–20 use of the Capitol Grounds for the District of Co- Inhofe (for Conrad/Dorgan) Amendment No. 643 lumbia Special Olympics Law Enforcement Torch (to Amendment No. 605), to establish the Federal Run. Page S5183 share of the cost of constructing a bridge in the State of North Dakota. Page S5020 National Peace Officers Memorial Service: Sen- Inhofe (for Obama) Modified Amendment No. ate agreed to H. Con. Res. 136, authorizing the use 670 (to Amendment No. 605), to provide for Flexi- of the Capitol Grounds for the National Peace Offi- ble Fuel Vehicle (FFV) refueling capability at new cers’ Memorial Service. Page S5183 and existing refueling station facilities to promote National Fetal Alcohol Spectrum Disorders energy security and reduction of greenhouse gas Awareness Day: Senate agreed to S. Res. 141, des- emissions. Pages S5020, S5025–28

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VerDate Aug 04 2004 06:26 May 13, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D12MY5.REC D12MY5 D474 CONGRESSIONAL RECORD — DAILY DIGEST May 12, 2005 Inhofe (for Clinton/Inhofe) Modified Amendment grants on a competitive basis to eligible recipients No. 681 (to Amendment No. 605), to modify provi- for the replacement or retrofit of certain existing sions relating to the congestion and air quality im- school buses. Pages S5024–25 provement program. Pages S5020–21 Nelson (FL) (for Feingold) Amendment No. 610 Inhofe (for Landrieu) Amendment No. 621 (to (to Amendment No. 605), to improve the accuracy Amendment No. 605), to provide for the conduct of and efficacy of identity authentication systems and a community enhancement study. Page S5021 ensure privacy and security. Page S5014 Inhofe (for Landrieu) Amendment No. 622 (to Inhofe (for Chambliss/Isakson) Modified Amend- Amendment No. 605), to provide for the develop- ment No. 569 (to Amendment No. 605), to provide ment of a comprehensive coastal evacuation plan. that certain funds shall be appropriated to the De- Pages S5021–22 partment of Transportation to carry out studies and Inhofe (for Specter) Modified Amendment No. reports relating to projects in the State of Georgia. 666 (to Amendment No. 605), to improve the high- Pages S5045–46 speed magnetic levitation system deployment pro- Inhofe (for Cornyn) Modified Amendment No. gram. Pages S5022–23 662 (to Amendment No. 605), to strike section Inhofe (for Stevens) Amendment No. 685 (to 1802(c) relating to contractor suspension and debar- Amendment No. 605), to increase an amount made ment policy. Pages S5046–54 available for the Alaska Highway System. Page S5023 Pending: Inhofe (for Salazar) Amendment No. 694 (to Inhofe Amendment No. 605, to provide a com- Amendment No. 605), to provide for an off-system plete substitute. Page S5014 bridges pilot program. Page S5023 Dorgan Amendment No. 652 (to Amendment Inhofe (for Snowe) Modified Amendment No. 705 No. 605), to provide for the conduct of an investiga- (to Amendment No. 605), to allow the State of tion to determine whether market manipulation is Maine to use certain transportations funds made contributing to higher gasoline prices. Page S5014 available to the State to support the operation of Inhofe (for Ensign) Amendment No. 636 (to passenger rail service between Boston, Massachusetts, Amendment No. 605), to authorize the State of Ne- and Portland, Maine. Page S5023 vada to continue construction of the US–95 Project Inhofe (for Santorum) Modified Amendment No. in Las Vegas, Nevada. Pages S5015–18 708 (to Amendment No. 605), to provide for the re- Allen/Ensign Amendment No. 611 (to Amend- obligation and use of excess project funds and funds ment No. 605), to modify the eligibility require- for projects that are inactive. Page S5023 ments for States to receive a grant under section 405 Inhofe (for Baucus) Modified Amendment No. of title 49, United States Code. Pages S5054–59 713 (to Amendment No. 605), to provide funds for Schumer Amendment No. 674 (to Amendment the State of Montana for the operation of public No. 605), to increase the transit pass and van pool- transit activities that serve a non-attainment or ing benefit to $200. Page S5059 maintenance area. Page S5023 Sessions Modified Amendment No. 646 (to Inhofe Amendment No. 737 (to Amendment No. Amendment No. 605), to reduce funding for certain 605), to make certain revisions relating to alternative programs. Page S5059 methods to improve the accessibility of public trans- During consideration of this measure today, Senate portation for persons with visual disabilities, tax-free also took the following action: transit benefits, authority to use government vehicles By 92 yeas to 7 nays (Vote No. 122), three-fifths to transport Federal employees, and projects in Alas- of those Senators duly chosen and sworn, having ka and Hawaii for new fixed guideway systems and voted in the affirmative, Senate agreed to the motion extension projects utilizing ferry boats. to close further debate on Inhofe Amendment No. Pages S5023–24 605 (listed above). Page S5026 Inhofe (for Santorum/Specter) Amendment No. Chair sustained a point of order that Byrd 725 (to Amendment No. 605), to provide for the Amendment No. 635 (to Amendment No. 605), to construction of improvements to streets and roads amend the Internal Revenue Code of 1986 to allow providing access to State Route 28 in the State of a credit for rural commuters, was not germane, and Pennsylvania. Page S5024 the amendment thus fell. Pages S5028–45 Inhofe (for Levin/Stabenow) Amendment No. 755 A unanimous-consent agreement was reached pro- (to Amendment No. 725), to reprogram funds made viding for a list of amendments to be the only re- available for Interstate Route 75 and North Down maining first-degree amendments, other than a man- River Road, Michigan. Page S5025 agers’ amendment to be cleared by both managers Inhofe Modified Amendment No. 726 (to Amend- and both leaders; provided further, that they be sub- ment No. 605), to establish a program to award ject to second-degree amendments that have been

VerDate Aug 04 2004 06:26 May 13, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D12MY5.REC D12MY5 May 12, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D475 filed in accordance with Rule 22; that any amend- ment from the list must be offered by 4 p.m. on Committee Meetings Monday, May 16; provided further, that when the (Committees not listed did not meet) Senate resumes consideration of the bill on Tuesday, May 17, all time be expired under Rule 22 and the APPROPRIATIONS: AMTRAK Senate proceed to votes in relation to the pending Committee on Appropriations: Subcommittee on Trans- amendments in the order offered; the Senate then portation, Treasury, The Judiciary, Housing and proceed to a vote on Inhofe substitute Amendment Urban Development, and Related Agencies con- No. 605, as amended, that the cloture vote on the cluded a hearing to examine proposed budget esti- underlying bill be vitiated, and the Senate then pro- mates for fiscal year 2006 for the National Railroad ceed to a vote on passage of the bill. Page S5055 Passenger Corporation (Amtrak), after receiving tes- A unanimous-consent agreement was reached pro- timony from David L. Gunn, President and Chief viding for further consideration of the bill at 10 a.m. Executive Officer, and David M. Laney, Chairman of on Friday, May 13, 2005. Page S5184 the Board of Directors, both of Amtrak; and Jeffrey Nominations Confirmed: Senate confirmed the fol- A. Rosen, General Counsel, and Kenneth M. Mead, lowing nominations: Inspector General, both of the Department of Trans- John Paul Woodley, Jr., of Virginia, to be an As- portation. sistant Secretary of the Army. Page S5185 APPROPRIATIONS: NASA Nominations Discharged: The following nomina- Committee on Appropriations: Subcommittee on Com- tions were discharged from further committee con- merce, Justice, and Science, concluded a hearing to sideration and placed on the Executive Calendar: examine proposed budget estimates for fiscal year Thomas C. Dorr, of Iowa, to be Under Secretary 2006 for the National Aeronautics and Space Ad- of Agriculture for Rural Development, which was ministration, after receiving testimony from Michael sent to the Senate on January 24, 2005, from the D. Griffin, Administrator, National Aeronautics and Senate Committee on Agriculture, Nutrition, and Space Administration. Forestry. APPROPRIATIONS: DEPARTMENT OF Thomas C. Dorr, of Iowa, to be a Member of the STATE Board of Directors of the Commodity Credit Cor- Committee on Appropriations: poration, which was sent to the Senate on January Subcommittee on State, Foreign Operations, and Related Programs concluded 24, 2005, from the Senate Committee on Agri- a hearing to examine proposed budget estimates for culture, Nutrition, and Forestry. Page S5181 fiscal year 2006 for the Department of State and Messages From the House: Page S5069 Foreign Operations, after receiving testimony from Measures Referred: Page S5069 Condoleezza Rice, Secretary of State. Executive Communications: Pages S5069–70 AUTHORIZATION—NATIONAL DEFENSE Executive Reports of Committees: Page S5070 Committee on Armed Services: Committee ordered favor- ably reported the following bills: An original bill en- Additional Cosponsors: Pages S5071–73 titled ‘‘National Defense Authorization Act for Fiscal Statements on Introduced Bills/Resolutions: Year 2006’’; An original bill entitled ‘‘Department Pages S5073–S5173 of Defense Authorization Act for Fiscal Year 2006’’; Additional Statements: Pages S5067–69 An original bill entitled ‘‘Military Construction Au- thorization Act for Fiscal Year 2006’’; and An origi- Amendments Submitted: Pages S5173–80 nal bill entitled ‘‘Department of Energy National Se- Authority for Committees to Meet: Pages S5180–81 curity Act for Fiscal Year 2006’’. Privilege of the Floor: Page S5181 TRUTH IN BROADCASTING ACT Record Votes: One record vote was taken today. Committee on Commerce, Science, and Transportation: (Total—122) Page S5026 Committee concluded a hearing to examine S. 967, Adjournment: Senate convened at 9:30 a.m. and to amend the Communications Act of 1934 to en- adjourned at 8:40 p.m. until 10 a.m., on Friday, sure that prepackaged news stories contain announce- May 13, 2005. (For Senate’s program, see the re- ments that inform viewers that the information marks of the Majority Leader in today’s Record on within was provided by the United States Govern- pages S5184–85.) ment, after receiving testimony from Jonathan S. Adelstein, Commissioner, and Austin C. Schlick,

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Acting General Counsel, both of the Federal Com- gina B. Schofield, of Virginia, who was introduced munications Commission; Susan A. Poling, Man- by Senators Cochran and Lott, each to be an Assist- aging Associate General Counsel, Government Ac- ant Attorney General, Department of Justice, after countability Office; Barbara Cochran, Radio-Tele- the nominees testified and answered questions in vision News Directors Association, Washington, their own behalf. D.C.; Douglas Simon, D S Simon Productions, Inc., New York, New York; and Judith T. Phair, Public VETERANS LONG TERM CARE Relations Society of America, Laurel, Maryland. Committee on Veterans’ Affairs: Committee concluded a NOMINATION hearing to examine issues relating to the planning, providing, and paying for veterans’ long-term care Committee on Foreign Relations: Committee ordered re- services, after receiving testimony from Jonathan B. ported, without recommendation, the nominations of Perlin, Under Secretary of Veterans Affairs for John Robert Bolton, of Maryland, to be the U.S. Health; Lourdes E. Alvarado-Ramos, Washington Representative to the United Nations, with the rank State Department of Veterans Affairs, Seattle, on be- and status of Ambassador, and the U.S. Representa- half of the National Association of State Veterans tive in the Security Council of the United Nations, Homes; and Joshua M. Wiener, RTI International, and to be U.S. Representative to the Sessions of the Fred Cowell, Paralyzed Veterans of America, and General Assembly of the United Nations during his Donald L. Mooney, The American Legion, all of tenure of service as U.S. Representative to the Washington, D.C. United Nations. BUSINESS MEETING HIV/AIDS Committee on the Judiciary: Committee ordered favor- Special Committee on Aging: Committee concluded a ably reported the nomination of William H. Pryor, hearing to examine the threat of HIV affecting peo- Jr., of Alabama, to be United States Circuit Judge ple over fifty, focusing on U.S. HIV/AIDS trends, for the Eleventh Circuit. specifically among persons 50 years and older, and Also, Committee resumed its markup of S. 852, the Centers for Disease Control and Prevention ef- to create a fair and efficient system to resolve claims forts for people in this age group who are at high of victims for bodily injury caused by asbestos expo- risk for acquiring and transmitting HIV, after re- sure, but did not complete action thereon, and re- ceiving testimony from Robert S. Janssen, Director, cessed subject to the call. Division of HIV/AIDS Prevention, National Center for Infectious Diseases, Coordinating Center for In- NOMINATIONS fectious Diseases, Centers for Disease Control and Committee on the Judiciary: Committee concluded a Prevention, Department of Health and Human Serv- hearing to examine the nominations of Rachel ices; Thomas Bruner, Cascade AIDS Project, Port- Brand, of Iowa, who was introduced by Senators land, Oregon; Jeanine M. Reilly, Broadway House Grassley and Harkin, Alice S. Fisher, of Virginia, for Continuing Care, Newark, New Jersey; and Shir- who was introduced by Senator McConnell, and Re- ley Royster, Boston, Massachusetts. h House of Representatives Measures Introduced: 43 public bills, H.R. provide faster and smarter funding for first respond- 2317–2359; and 6 resolutions, H.J. Res. 49–50; H. ers, by a recorded vote: 409–10 (Roll no. 170). Con. Res. 151; and H. Res. 275–277 were intro- Pages H3204–37 duced. Pages H3259–62 Agreed that the amendment in the nature of a Additional Cosponsors: Pages H3262–63 substitute recommended by the Committee on Homeland Security now printed in the bill be con- Reports Filed: Reports were filed today as follows: sidered as an original bill for the purpose of amend- Report on the Suballocation of Budget Allocations ment. Page H3236 for Fiscal Year 2006 (H. Rept. 109–78). Page H3259 Faster and Smarter Funding for First Respond- ers Act of 2005: The House passed H.R. 1544 to

VerDate Aug 04 2004 06:26 May 13, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D12MY5.REC D12MY5 May 12, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D477 Accepted: Board of Visitors to the United States Naval Berry amendment numbered 1 printed in House Academy—Appointment: The Chair announced Report 109–77 that adds the Administrator of Ani- the Speaker’s appointment of Representatives mal and Plant Health Inspection Service to the First Cunningham of California and Wicker of Mississippi Responder Grants Board; Pages H3228–29 to the Board of Visitors to the United States Naval Berry amendment numbered 2 printed in House Academy. Page H3239 Report 109–77 that requires the Department of Board of Trustees of the Harry S Truman Schol- Homeland Security to coordinate with State, local, arship Foundation—Appointment: The Chair an- and tribal governments in establishing criteria for nounced the Speaker’s appointment of Representa- prioritizing applications for first responder grants; tives Akin of Missouri and Skelton of Missouri to Pages H3229–30 the Board of Trustees of the Harry S Truman Schol- Bass amendment numbered 3 printed in House arship Foundation. Page H3239 Report 109–77 that allow states to petition the Sec- retary of Homeland Security to use Federal homeland Congressional-Executive Commission on the Peo- security funds for the cost of any activity relating to ple’s Republic of China: The Chair announced the prevention of, preparation for, response to, or recov- Speaker’s appointment of the following members to ery from acts of terrorism, that would otherwise be the Congressional-Executive Commission on the Peo- a Federal duty performed by Federal agencies and ple’s Republic of China: Representatives Leach (co- under agreement with the State or local government Chair), Dreier, Wolf, Pitts, and Aderholt. and a Federal agency; and Pages H3230–31 Pages H3249–50 Castle amendment numbered 5 printed in House Quorum Calls—Votes: Two recorded votes devel- Report 109–77 that better equips and protects our oped during the proceedings of the House today and communities’ firefighters and encourage donations by appear on pages H3236, H3236–37. There were no raising the liability standard for donors of fire fight- quorum calls. ing equipment from negligence to gross negligence. Page H3234 Adjournment: The House met at 10 a.m. and ad- Rejected: journed at 5:57 p.m. Weiner amendment numbered 4 printed in House Report 109–77 that sought to limit the number of Urban Area Security Initiative grants during any Committee Meetings given fiscal year to 50, by a recorded vote: 88–331 DEPARTMENTS OF TRANSPORTATION, (Roll no. 169). Pages H3231–36 TREASURY, AND HUD, THE JUDICIARY, H. Res. 269, the rule providing for consideration DISTRICT OF COLUMBIA, AND of the bill was agreed to by voice vote. Page H3604 INDEPENDENT AGENCIES Late Reports: Agreed that the Committee on Ap- APPROPRIATIONS propriations have until midnight on May 13 to file late reports on legislation making appropriations for Committee on Appropriations: Subcommittee on the De- the Department of Homeland Security for the fiscal partments of Transportation, Treasury, and Housing year 2006 and on legislation making appropriations and Urban Development, the Judiciary, District of for the Department of the Interior for fiscal year Columbia, and Independent Agencies held a hearing 2006. Page H3237 on the Saint Lawrence Seaway. Testimony was heard from Albert S. Jacquez, Administrator, Saint Law- Meeting Hour: Agreed that when the House ad- journs today, it adjourn to meet at 12:30 p.m. on rence Seaway Development Corporation, Department Monday, May 16, 2005, for Morning-Hour Debates. of Transportation. Page H3238 ENERGY AND WATER DEVELOPMENT, Calendar Wednesday: Agreed to dispense with the AND RELATED AGENCIES Calendar Wednesday business of Wednesday, May APPROPRIATIONS 18. Page H3238 Committee on Appropriations: Subcommittee on Energy Reception of Former Members of Congress: and Water Development, and Related Agencies ap- Agreed that the House will meet at 9 a.m. on proved for full Committee action the Energy and Thursday, May 19, 2005, for the purpose of receiv- ing in the Chamber Former Members of Congress, Water Development, and Related Agencies appro- and that the Speaker may declare a recess subject to priations for Fiscal Year 2006. the call of the Chair for such a purpose. Page H3238

VerDate Aug 04 2004 06:26 May 13, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D12MY5.REC D12MY5 D478 CONGRESSIONAL RECORD — DAILY DIGEST May 12, 2005 MILITARY QUALITY OF LIFE, AND Credit They Deserve.’’ Testimony was heard from VETERANS AFFAIRS, AND RELATED public witnesses. AGENCIES APPROPRIATIONS SECURING OUR BORDERS Committee on Appropriations: Subcommittee on Mili- Committee on Government Reform: Held a hearing enti- tary Quality of Life, and Veterans Affairs, and Re- tled ‘‘Securing Our Borders: What Have We Learned lated Agencies approved for full Committee action From Government Initiatives and Citizen Patrols?’’ the Military Quality of Life, and Veterans Affairs, Testimony was heard from Robert C. Bonner, Com- and Related Agencies appropriations for Fiscal Year missioner, U.S. Customs and Border Protection, De- 2006. partment of Homeland Security; Janice Kephart, NATIONAL DEFENSE AUTHORIZATION former Counsel, National Commission on Terrorist ACT FOR FISCAL YEAR 2006 Attacks Upon the United States; and public wit- nesses. Committee on Armed Services: Subcommittee on Readi- ness approved for full Committee action, as amend- EMBASSY AND BORDER SECURITY ed, H.R. 1815, National Defense Authorization Act Committee on International Relations: Subcommittee on for Fiscal Year 2006, 9 a.m., 2118 Rayburn. Africa, Global Human Rights and International Op- NATIONAL DEFENSE AUTHORIZATION erations held a hearing entitled ‘‘Foreign Relations ACT FOR FISCAL YEAR 2006 Authorization for FY 2005–2006: Embassy and Bor- der Security.’’ Testimony was heard from the fol- Committee on Armed Services: Subcommittee on Stra- lowing officials of the Department of State: Gregory tegic Forces approved for full Committee action, as B. Starr, Deputy Assistant Secretary, Counter- amended, H.R. 1815, National Defense Authoriza- measures, Bureau of Diplomatic Security; MG tion Act for Fiscal Year 2006. Charles E. Williams, USA, (ret.), Director, Bureau of NATIONAL DEFENSE AUTHORIZATION Overseas Buildings Operations; and Dan Smith, ACT FOR FISCAL YEAR 2006 Principal Deputy Assistant Secretary, Bureau of Con- sular Affairs. Committee on Armed Services: Subcommittee on Tac- tical and Land Forces approved for full Committee STATE DEPARTMENT TERRORISM REPORT action H.R. 1815, National Defense Authorization Committee on International Relations: Subcommittee on Act for Fiscal Year 2006. International Terrorism and Nonproliferation held a hearing entitled ‘‘Reviewing the State Department’s OCCUPATIONAL SAFETY AND HEALTH Annual Report on Terrorism.’’ Testimony was heard PROGRAMS from Philip D. Zelikow, Counselor, Department of Committee on Education and the Workforce: Sub- State; John O. Brennan, Interim Director, National committee on Workforce Protections held a hearing Counterterrorism Center; Raphael F. Perl, Specialist entitled ‘‘Examining Voluntary Compliance Pro- in International Terrorism Policy, CRS, Library of grams that Improve Occupational Safety and Health. Congress; and a public witness. Testimony was heard from Jon Turnipseed, Safety Program Manager, Municipal Water Department, DEPARTMENT OF HOMELAND SECURITY San Bernadino, California; and public witnesses. AUTHORIZATION ACT FOR FISCAL YEAR 2006 SPECIALTY HOSPITALS Committee on the Judiciary: Ordered reported, as amend- ed, H.R. 1817, Department of Homeland Security Au- Committee on Energy and Commerce: Subcommittee on thorization Act for Fiscal Year 2006. Health held a hearing entitled ‘‘Specialty Hospitals: Assessing Their Role in the Delivery of Quality ILLEGAL IMMIGRATION ENFORCEMENT Health Care.’’ Testimony was heard from Mark B. AND SOCIAL SECURITY PROTECTION ACT McClellan, M.D., Administrator, Centers for Medi- Committee on the Judiciary: Subcommittee on Immi- care and Medicaid Services, Department of Health gration, Border Security, and Claims held a hearing and Human Services; Glenn M. Hackbarth, Chair- on H.R. 98, Illegal Immigration Enforcement and man, Medicare Payment Advisory Commission; and Social Security Protection Act of 2005. Testimony public witnesses. was heard from Representatives Dreier and Reyes; CONSUMER CREDIT and public witnesses. Committee on Financial Services: Subcommittee on Fi- MISCELLANEOUS MEASURES nancial Institutions and Consumer Credit held a Committee on Resources: Subcommittee on National hearing entitled ‘‘Helping Consumers Obtain the Parks held a hearing on the following bills: H.R.

VerDate Aug 04 2004 06:26 May 13, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D12MY5.REC D12MY5 May 12, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D479 323, To redesignate the Ellis Island Library on the ing Service, Department of Labor; representatives of third floor of the Ellis Island Immigration Museum, veterans organizations; and public witnesses. located on Ellis Island in New York Harbor, as the SOCIAL SECURITY—ALTERNATIVES TO ‘‘Bob Hope Memorial Library;’’ H.R. 774, Rocky STRENGTHEN; COMMITTEE BUSINESS Mountain National Park Boundary Adjustment Act of 2005; and H.R. 1084, To authorize the establish- Committee on Ways and Means: Held a hearing on Al- ment at Antietam National Battlefield of a memorial ternatives to Strengthen Social Security. Testimony to the officers and enlisted men of the Fifth, Sixth, was heard from public witnesses. and Ninth New Hampshire Volunteer Infantry Regi- Prior to the hearing, the Committee approved ments and the First New Hampshire Light Artillery pending business. Battery who fought in the Battle of Antietam on BRIEFING—GLOBAL UPDATES September 17, 1862. Testimony was heard from Permanent Select Committee on Intelligence: Met in execu- Representatives Bradley of New Hampshire and tive session to receive a Briefing on Global Updates. The Engel; Sue Masica, Associate Director, Park Plan- Committee was briefed by departmental witnesses. ning, Facilities and Lands, National Park Service, f Department of the Interior. NEW PUBLIC LAWS COMPUTER SCIENCE RESEARCH (For last listing of Public Laws, see DAILY DIGEST, p. D 452) Committee on Science: Held a hearing on the Future of H.R. 1268, making Emergency Supplemental Ap- Computer Science Research in the U.S. Testimony propriations for Defense, the Global War on Terror, was heard from John H. Marburger, III, Director, and Tsunami Relief, for the fiscal year ending Sep- Office of Science and Technology Policy; Anthony J. tember 30, 2005. Signed on May 11, 2005. (Public Tether, Director, Defense Advanced Research Law 109–13) Projects Agency, Department of Defense; and public witnesses. f COMMITTEE MEETINGS FOR FRIDAY, COAST GUARD AMENDMENTS MAY 13, 2005 Committee on Transportation and Infrastructure: Sub- (Committee meetings are open unless otherwise indicated) committee on Coast Guard and Maritime Transpor- tation held a hearing on the Coast Guard Amend- Senate ments of 2005. Testimony was heard from Calvin Committee on Armed Services: closed business meeting to Lederer, Deputy Judge Advocate General, U.S. Coast continue markup of the proposed National Defense Au- Guard, Department of Homeland Security. thorization Act for Fiscal Year 2006, 9:30 a.m., SR–222. OVERSIGHT—VETERANS EMPLOYMENT House AND TRAINING SERVICE Committee on Government Reform, hearing entitled ‘‘Do- Committee on Veterans’ Affairs: Subcommittee on Eco- mestic Source Restrictions Threaten Free Trade: What is nomic Opportunity held an oversight hearing on the the Federal Government Doing to Ensure a Level Playing Field in the Global Economy?’’ 10 a.m., 2154 Rayburn. U.S. Department of Labor, Veterans Employment Committee on Homeland Security, Subcommittee on Eco- and Training Service (VETS). Testimony was heard nomic Security, Infrastructure Protection, and from Sigurd R. Nilsen, Director, Education, Work- Cybersecurity, hearing entitled ‘‘The Transportation Secu- force, and Income Security Issues, GAO; John M. rity Administration’s Screening of Airline Pilots: Sound McWilliam, Deputy Assistant Secretary, Operations Security Practice or Waste of Scarce Resources?’’ 9:30 and Management, Veterans’ Employment and Train- a.m., 210 Cannon.

VerDate Aug 04 2004 06:26 May 13, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D12MY5.REC D12MY5 D480 CONGRESSIONAL RECORD — DAILY DIGEST May 12, 2005

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, May 13 12:30 p.m., Monday, May 16

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Monday: Consideration of Suspensions—to of H.R. 3, Transportation Equity Act. be announced.

Extensions of Remarks, as inserted in this issue

HOUSE Cummings, Elijah E., Md., E951, E953 Ryan, Tim, Ohio, E949, E954 Hall, Ralph M., Tex., E949, E950 Sanchez, Loretta, Calif., E954 Baca, Joe, Calif., E952 Israel, Steve, N.Y., E950 Udall, Mark, Colo., E949, E952 Blumenauer, Earl, Ore., E953 Maloney, Carolyn B., N.Y., E951 Wilson, Joe, S.C., E949, E952 Bonner, Jo, Ala., E950, E954, E955 Miller, George, Calif., E953 Cubin, Barbara, Wyo., E954 Rothman, Steven R., N.J., E955

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