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

Vol. 150 WASHINGTON, MONDAY, SEPTEMBER 20, 2004 No. 113 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, September 21, 2004, at 12:30 p.m. Senate MONDAY, SEPTEMBER 20, 2004

The Senate met at 2 p.m. and was RECOGNITION OF THE ACTING The Chair inquires, does the Senator called to order by the President pro MAJORITY LEADER from Nevada wish to suggest the ab- tempore [Mr. STEVENS]. The PRESIDENT pro tempore. The sence of a quorum? Senator from Kentucky is recognized. Mr. REID. I suggest the absence of a quorum. PRAYER f The PRESIDING OFFICER. The The Chaplain, Dr. Barry C. Black, of- SCHEDULE clerk will call the roll. The assistant legislative clerk pro- fered the following prayer: Mr. MCCONNELL. Mr. President, ceeded to call the roll. Let us pray. today we will have a period for morn- Mr. STEVENS. Mr. President, I ask O Lord our God, restorer of the joy of ing business throughout the afternoon. unanimous consent that the order for those who find You, we praise Your Under a previous unanimous-consent the quorum call be rescinded. holy name. Thank You for giving us agreement, we will vote on passage of The PRESIDING OFFICER. Without lifetime favor and for Your unchanging the Military Construction appropria- objection, it is so ordered. The Senator faithfulness. You turn our mourning tions bill at 5:30 p.m. today. The final from Alaska. into dancing and clothe us with glad- 10 minutes prior to the vote is sched- Mr. STEVENS. I thank the Chair. ness. uled for closing remarks on the (The remarks of Mr. STEVENS per- MILCON legislation. As a reminder, we Today we pray for our Senators. taining to the submission of the resolu- have also reached an agreement for Shine Your light of wisdom on them tion are located in today’s RECORD consideration of the Legislative and be gracious to them. Remove from under ‘‘Submission of Concurrent and Branch appropriations bill and will be them contention and strife as You in- Senate Resolutions.’’) scheduling that matter for tomorrow’s fuse them with humility. Keep Your The PRESIDING OFFICER. The Sen- session. As always, Members will be no- arms of protection around them and ator from Nevada. tified as additional votes are sched- their loved ones in these challenging f uled. times. We have a number of other legisla- THE FEDERAL JUDICIARY Lift Your mighty scepter over our tive and executive matters that are Mr. REID. Mr. President, before I military and bless it with success. possible this week, including addi- came to the Senate, I practiced law for Lord, rule in the midst of Your world tional appropriations bills, the nomina- many years in my home state of Ne- until the kingdom of Earth will ac- tion of PORTER GOSS to be Director of vada. I was an attorney who went to knowledge Your sovereignty. Let Your the CIA, and an extension of various court all the time, and I often went to mighty name protect us as You give us expiring family tax provisions. Federal court. There is a tremendous our heart’s desires. Mr. President, I thank the Senate for difference between State courts and We place our trust in You, the Lord its attention. I yield the floor. Federal courts. There is more solem- our God. Amen. f nity in the Federal courts. There are more procedures that are important to MORNING BUSINESS f the establishment of justice and main- The PRESIDING OFFICER (Mr. taining justice in our Federal court RESERVATION OF LEADER TIME ENZI). Under the previous order, there system. The main reason for this is will now be a period for the transaction that our Federal judges are appointed The PRESIDENT pro tempore. Under of morning business for debate only for life. They are not subject to the the previous order, the leadership time with Senators permitted to speak whims of a political issue at any given is reserved. therein for up to 10 minutes each. time. They know that if they rule a

∑ 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 01:49 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.000 S20PT1 S9366 CONGRESSIONAL RECORD — SENATE September 20, 2004 certain way, they are not going to be addition, civil jury trials would come aged if the current budget impasse on judici- thrown off the bench in the next elec- to a halt in June because there would ary funding is not resolved, and the judi- tion. be no funds to pay the jurors. ciary’s funding is included in a long-term I am still a very proud member of the The Constitution is the world’s continuing resolution that would freeze over- all appropriations at FY 2004 levels. It is the Nevada bar, and I have great respect greatest blueprint for democracy, and operation of and respect for the rule of law for the law. I appreciate everyone who our justice system is the fairest and which sets our country apart from most oth- is involved in the practice of the law the best in all the world. We should not ers. and the judicial process. be running a second-class judicial sys- A minimum current services funding level In fact, the reason there has been so tem. The Senate needs to provide our (sustained by a 6.1 percent increase over FY much debate about Federal judicial judiciary the resources it needs to fund 2004 appropriations) would maintain the cur- nominations is because we care deeply these functions properly. rent staffing and operating expenses. about these lifetime positions. They While the Senate committee-passed A freeze of the juror appropriation would are vital to our system of Government. bill does appropriate funding for the ju- require the halting of civil jury trials in July The U.S. Constitution is such an im- diciary, it is not enough. At the very 2005. portant document. When we come to least, we must appropriate the amount The modest increase in the FY 2004 budget this body, we swear we will uphold the contained in H.R. 4754. Anything less still required the courts to terminate, buy- U.S. Constitution. Framers of this than that will jeopardize the judi- out or furlough employees despite the 10% great document were visionary, in my ciary’s fundamental mission of pro- workload growth from the previous year. opinion. They understood the impor- Courts have also scaled back on technology, viding justice. reduced improvements and public hours ac- tance of the legal process. That is why I have spoken at great length with cess, and cut back on probation officers’ they made the judiciary one of the members of the Federal bench about testing and aftercare of offenders. three equal branches of Government, salaries for Federal judges, including The judiciary could be forced to fire or fur- separate but equal. U.S. Supreme Court Justices. We have lough the equivalent of 2,000 to 5,000 proba- Our judiciary and our legal system to pay our Federal judges better to tion, pretrial services, and clerks’ office em- are vital to this democracy. Unfortu- continue to attract and retain the ployees—almost one-fourth of the current nately, some people only seem to rec- ‘‘best of the best’’ in our Federal judi- staff. It is worth noting that once a skilled ognize that fact when it is convenient. ciary, but today we are not even asking employee is released, even if funding is even- tually restored, the employee usually does I am sad to announce that this ad- for that. We simply want funding that ministration wants the public to be- not return, resulting in the loss of a signifi- will be better than the 2001 level. cant investment in human resources. lieve nothing is more important than As in so many cases, this administra- filling vacancies on the Federal bench. A freeze of the defender services appropria- tion’s rhetoric on judicial nominees is tions would require halting panel attorney Yet, this same administration refuses a flip side of reality. The President be- payments in June 2005. to fund the judicial branch so it can moans the supposed slow pace of the Should the appropriations process become function properly. This body, because Senate’s confirmation of his judicial stalled, an effort to exempt the judiciary of the numbers we have gotten from nominees. Here is reality: The Senate from a long-term continuing resolution at the White House, is contemplating a has confirmed more than 95 percent of FY 2004 levels should be considered, and an budget resolution that would freeze the the President’s nominees for the Fed- annual appropriation at least to the levels judiciary appropriations at last year’s eral court. I think the number is 203 contained in H.R. 4754 should be provided. levels. The funding for staffing and approved and 9 or 10 turned down. Such a course is not without precedence, and was taken in 1996 when, at the request of the other expenses was below the level of The pace of our consideration of fiscal year 2001. That is, 2004 was below Chief Justice, the judiciary was exempted, nominees is faster than that afforded along with other law enforcement agencies the level of 2001. any President in modern times. The va- from a full year continuing resolution, and While funding went down over that cancy rate on the Federal bench is the an appropriations bill for the judiciary was time, the workload of our Federal judi- lowest in many years. Yet the Presi- resolved within months. Although the Chief ciary has increased by more than 10 dent argues that the Senate’s objection Justice rarely calls upon the Judicial Con- percent. The budget crunch has already to a small number of his nominees will ference to pass a resolution, this year he forced the judiciary to fire 145 employ- slow the administration of justice. made such a request in view of the critical budgetary situation. The Judicial Con- ees. Now if we freeze judiciary funding Again, that is not reality. Here is re- at these levels, again we will cripple ference unanimously passed the resolution ality: The President proposes a budget which I attach for your review. the operations of our Federal courts. It that shortchanges the judiciary, ensur- will force early buyouts. They will As always, I respect your judgment and re- ing that the judges who serve today on main confident in your commitment to the come up with gimmicks such as these the Federal bench do not have the re- Third Branch and the constitutional rights early buyouts. They will have to do sources they need to do the job they and privileges that it protects. some layoffs. They will have to do fur- were appointed to do. That is the re- Sincerely, lough days. They will limit the number ality. LLOYD D. GEORGE, of hours people can work, and there I ask unanimous consent that the District Judge. will be a loss of between 2,000 to 5,000 full text of a letter I received from Mr. REID. Judge George has served probation officers and court staff Lloyd D. George, formerly the Chief on many committees of the Supreme alone. Judge in Nevada, now on senior status, Court. He is a great judge. I do not What does this mean? Fewer proba- a man who has the support and ap- know if ‘‘revered’’ is the right word, tion officers means less supervision of proval of all Federal judges, be printed but people like this man and look up to Federal offenders and more danger on in the RECORD. him. Lloyd George was appointed by a our streets. Do we want to do that? By There being no objection, the mate- Republican President. He is a Repub- withholding the resources of our judici- rial was ordered to be printed in the lican, and he is not trying to embarrass ary, which is so desperately needed, we RECORD, as follows: the President. He is a person who be- would threaten the ability of our legal U.S. DISTRICT COURT, lieves in the three separate but equal system to function properly. DISTRICT OF NEVADA, branches of Government and he thinks By next June, payments to court-ap- Las Vegas, NV, August 24, 2004. what is happening to the Federal judi- pointed private attorneys in criminal Hon. HARRY REID, ciary is causing inequality in the sepa- cases would be halted. Why is this sig- U.S. Senator, Senate Hart Building, ration of powers doctrine. nificant? Because our Federal public Washington, DC. defender system cannot represent de- DEAR SENATOR REID: This is a brief sum- The PRESIDING OFFICER. The Sen- fendants in cases where there are con- mary outline of critical points contained in ator from Ohio. flicts with other defendants these de- Mr. Mecham’s report on the urgent judiciary Mr. DEWINE. Mr. President, I ask funding needs. I’ve also attached his full re- fendants have to be represented by unanimous consent to proceed for up to port. We would be most grateful, Senator, if 30 minutes. court-appointed private attorneys. you could help bring Congress to an under- Without adequate funding, they are not standing of how the judiciary’s role in sus- The PRESIDING OFFICER. Without going to be able to do that anymore. In taining the rule of law will be severely dam- objection, it is so ordered.

VerDate Aug 04 2004 00:07 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G20SE6.003 S20PT1 September 20, 2004 CONGRESSIONAL RECORD — SENATE S9367 HONORING OUR ARMED FORCES his alma mater. Wilmington High the call came, Army SP James Powell SERGEANT STEVEN D. CONOVER School created a trophy case that dis- II and SP Donald Wheeler did not re- Mr. DEWINE. Mr. President, I rise played the photos of 22 former students spond. this afternoon to honor and remember serving overseas in the military and With tears streaming down their a young man from Wilmington, OH, a students wrote letters to the soldiers, faces, the troops paid their final re- man who was taken from us far too including Steven. This contact brought spects to these two brave men. As Bat- soon, a young man who lost his life in Steven great comfort as he dealt with talion Commander, LTC Steve Russell told the soldiers: service to our country in Iraq, a young the death of his best friend in combat, man who stands as a shining example as well as the suffering he saw in Iraq. We will finish their mission. As long as Steven was a devout Christian. He Regulars draw breath, we shall not forget of bravery, courage, and who had a pro- them. found sense of faith. used his faith as a guide during many We will not forget them either. Army SGT Steven Conover, a mem- difficult times while serving in Oper- I come to the Senate Floor today to ber of the 82nd Airborne Field Artil- ation Iraqi Freedom. As Steven’s step- father, Michael, recalled: pay tribute to one of these men—fellow lery, Charlie Battery, was killed on No- Ohioan, SP James Powell. James lost They were ambushed quite often, and Ste- vember 2, 2003, along with 16 other his life on October 12, 2003, when his brave Americans. When the helicopter ven just said he knew the hand of God was on him. He saw the hand of God in Iraq. Bradley Fighting Vehicle struck an they were riding in was shot down near anti-tank mine in Baji, Iraq. James According to Pastor Elizabeth Loo- Fallujah, he was on his way home to was serving as a member of B Com- ney, who knew Steven since his birth, Ohio, on his way home for a 2-week pany, 1st Battalion, 22nd Infantry his time in Iraq changed his beliefs and leave where he was going to surprise Regiment, 4th Infantry Division based bolstered his faith. She said of Steven: his childhood sweetheart, his wife out of Fort Hood, TX. Brooke, for their second wedding anni- The pain and suffering he saw increased his James grew up in Columbus. He grad- versary. resolve to do good and made him proud to uated from Linden McKinley High Steven was only 21 years of age. serve his country. School in 1996. Lifelong friend Adam While the tragedy of his loss is undeni- Steven told her of his desire to re- Warrix remembers James as ‘‘outgoing able, Steven’s family and friends take turn home and sit in the church with and always looking to help someone comfort in remembering him as he was, her. His faith was strong, and he had a out.’’ as he always will be, frozen in time as profound sense that he was doing what After graduation, James enlisted in an exuberant young man who tried was right—that it was, in fact, nec- the Navy and served from 1997 to 2000, very hard and succeeded in doing much essary. as a seaman apprentice on the USS good in the world. Upon his death, at a memorial serv- Arctic. Though he was proud of being in Steven grew up in Wilmington, OH, ice at Fort Sill in Oklahoma, Steven the Navy, James’s enlistment provided and attended Wilmington High School, and five of his fallen comrades were eu- him with much more than service to graduating in the year 2000. His friends logized. The most poignant moment of his country—it introduced him to his remember him as laid back, shy, kind, the service was the final roll call. For best friend and love of his life, Ruby and caring. He also attended the Laurel those not familiar with the tradition, Mann. Observation Vocational School where the Sergeant rises and calls the names James became friends with Ruby’s he was a member of the Air Force Jun- of the soldiers present in the audience. brother while the two men were serv- ior ROTC. One of his ROTC instructors, Each responds with ‘‘here.’’ A deaf- ing in the Navy together. They went to Howard Vosburgh, described Steven ening silence is the only response to Kentucky for a hunting trip in Sep- this way: the call for the fallen soldier—the si- tember 1998, and while there, James [Steven was a] very mature, genuinely nice lence that reminds us all of the ulti- met Ruby for the first time. Ruby says guy [who] automatically, when he spoke, mate sacrifice they each have made. it was love at first sight. She was so other people listened. His fellow students I had the privilege of meeting Ste- taken by James that she asked him out looked up to him. I admired him. He was just ven’s family and friends at his funeral on a date the first night he was there. a cut above his peers. He was that kind of James joked that he would have asked person. service in Wilmington. During the eu- logy, Pastor Looney described him as her, but he was afraid she would say no Throughout his short life, Steven ‘‘a hero . . . mischievous . . . every- because of the four inches she had on would gain the admiration of so many thing he did was funny.’’ Most pro- him. people. His hometown of Wilmington foundly, though, she described Steven The two went out and fell head over honored him with a story in the local as a watchman—a watchman who pro- heels for each other. Six months later, paper about his service and the service tects all of us—who watches over us. James proposed. They married in Octo- of three of his relatives who were also She concluded with these words: ber 2000. Ruby fondly remembers how serving in Iraq. Not only did several of much they loved doing the little things We’re going to miss his smile and his face Steven’s relatives dedicate their lives at their home in Radcliff, KY—sleeping and service to our country, but so did and all the love he gave. I know where Ste- ven is. in on the weekends, lying together on his wife Brooke. While Steven trained the couch, and drinking coffee in the at Fort Sill, OK, Brooke enlisted in the We all know where Steven is. His faith guided him through life and into morning. Army because she knew how Steven James and Ruby considered the birth his eternal resting place. loved his career and figured that they of their daughter, Lauren, as the great- Left to cherish his memory are his would both end up, as she said, est moment in their lives. James loved wife Brooke; his mother Lorraine; step- ‘‘lifers.’’ his daughter as much as any parent father Michael; brother Aaron; sisters Brooke remembered fondly how Ste- could. Ruby remembers how her hus- Kaliegh and Corrie, as well as grand- ven would help ease her fears before band used to sneak Lauren ice cream parents, nephews, nieces, aunts, and she started basic training. The two and their peek-a-boo matches on the uncles. would spend as much time together as couch. they could, fishing and walking the I know they miss Steven deeply. James cried when Lauren told him ‘‘I trails at the base. However, Brooke suf- Steven Conover was an exceptional love you’’ for the first time. fered a leg muscle injury during basic young man, who will never be forgot- Determined to make a better life for training that resulted in her honorable ten. his wife and daughter, James enlisted discharge. ARMY SPECIALIST JAMES POWELL II in the Army in January 2001. He loved Steven was forced to leave his Mr. President, last October, at one of nothing more than being with his fam- soulmate when his unit was sent to Saddam Hussein’s palaces in Tikrit, ily, but his enlistment took him away Iraq in April 2003. He always made an Iraq, two fallen United States soldiers from them for extended periods of effort to write to his wife, as well as were honored by several hundred of time. James dealt with the separation his mother and stepfather in Wil- their comrades. The mood was somber by throwing himself into his work. mington. Additionally, Steven re- as troops, in full battle gear, stood in He was sent with his unit to Iraq as mained in contact with students from formation for the final roll call. When part of the 4th Infantry Division; its

VerDate Aug 04 2004 01:49 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G20SE6.005 S20PT1 S9368 CONGRESSIONAL RECORD — SENATE September 20, 2004 base of operations was in Tikrit. James is not free. Marines never forget the sac- diers. They have continually come to- knew the danger—especially of work- rifices that were made by those who have gether to make sure that families ing in Saddam Hussein’s hometown. gone before us. know they are not alone in their grief. But to James, it didn’t matter; he had I rise today to pay tribute to Andrew, More than 2,000 people lined the fu- a job to do. He wanted to make the whose life and sacrifice should remind neral route in Akron to show their sup- world a safer place for his wife and his all of us that freedom isn’t free. port for Andrew’s family. In a moving daughter, and for all of us. Andrew Simmons was born on Octo- display, people dressed in red, white, SP Tim Moore, who served with ber 13, 1979. Known for his quick wit and blue. Some carried flags. Others James in Iraq, remembered James tell- and sense of humor, family members held signs reading, ‘‘Thank you for our ing him how much he missed his wife and friends fondly recall his pro- freedom.’’ Many could not stop the and daughter and how he also missed ficiency at imitating famous movie tears and still others waited for over hunting and fishing. He remembers characters. Among his favorites were an hour to pay their respects. that James never complained. He did Billy Bob Thornton’s character in the With their hands over their hearts, what he had to do. movie Slingblade, Dustin Hoffman’s mourners silently followed the proces- Another comrade, Captain Matt character in Rainman, and Tom Hanks sion to Andrew’s final resting place. Weber, recalled that James didn’t just character in Forrest Gump. Andrew Veterans could be seen wearing their put on the uniform and go to work—he was always the one making everyone uniforms and medals. Tom Bulanda, a knew what it truly meant to be a sol- around him laugh. Vietnam veteran, stood at the gate of dier. Andrew also had a driving desire to the cemetery with his chest covered in James was killed just 8 days after he succeed. He grew up in Akron, OH and the medals he had earned. He came to received notice that he would be going attended North High School, where he honor a fellow Marine—a Marine he home. He had called Ruby to tell her was one of the first students to join a considers to be one of his own. the news and how excited he was. training program that allowed students We owe a debt of gratitude to An- James was looking forward to seeing to divide their time between school and drew—a debt we can never fully repay. his family and joining the Kentucky studying a vocation. After graduating Today, we honor his memory and re- State Police. from high school in 1999, Andrew held a member his life. Despite the news that he would be number of jobs but decided that what I thank the Chair and yield the floor. going home, Army superiors recalled he really wanted was to join the mili- The PRESIDING OFFICER. The Sen- that James still volunteered for a dan- tary. He wanted to be Marine and was ator from Alabama. gerous combat—the very mission that so proud to be one that after boot camp would ultimately take his life. Ruby f he persuaded three of his friends to join said that even if James could have HURRICANE IVAN as well. known what would happen, he still Andrew’s mother Melody remembers Mr. SESSIONS. Mr. President, I want would have gone on that mission. That how Andrew’s attitude changed after to share a few thoughts at this time is the type of person he was. That is he graduated from boot camp. She said with the Senate concerning the dam- the kind of soldier he was. For his serv- that ‘‘he walked proud. He had the Ma- ages we received from the hurricane, ice and bravery, James was awarded rine look, even in civilian clothes.’’ ‘‘Ivan the Terrible.’’ the Purple Heart, the Bronze Star, and Following the tragedy of the Sep- It was a major hurricane. It did tre- the Combat Infantry Badge. mendous damage to properties and James Powell defined bravery, honor, tember 11 attacks, Andrew knew that he wanted to fight against terrorism. houses, timber, and agricultural crops and love of country. Indeed, he was a throughout the State of Alabama and fine soldier. But more than that, he He volunteered to go to Iraq. His fi- even into our region of the United was a strong, loving, supportive father, ance, Michell Hackworth, remembered States. husband, and son. I had the privilege of him saying that he wanted a piece of I had the pleasure yesterday to travel meeting James Powell’s family at the the action—that he wanted to prevent with President Bush as he went down memorial service held in his honor. I any more terrorist attacks in the to Orange Beach, AL, and the Gulf spoke to Debra Powell, James’s moth- United States, and this was his way of Shores areas, and we examined the er, who told me how proud she was of doing the most he could. losses that occurred there. They are her son—how much she loved him. On the day he left for Iraq, Andrew Our Nation lost a great soldier in SP called his mother from California, quite significant. I had flown over the James Powell. He is an American hero where he was stationed. He left a mes- area earlier, and it already looked a whose memory will forever be cher- sage on her machine. In it, he perfectly little better to me yesterday than it ished in the hearts and minds of all imitated Tom Hanks in Forrest Gump did before. The tides are still high. The those who were privileged to know saying, ‘‘I love you Jenny.’’ Andrew water level in the Gulf of Mexico re- him. also told his mother and fiance; that mained higher than for the highest tide for maybe 24 hours after this storm hit CORPORAL ANDREW D. SIMMONS going to Iraq was something he had to Mr. President, an ordnance facility do. He felt it was his duty. because the hurricane had pushed so at Al Asad Air Base in Iraq is now Without question, Andrew was an ex- much water in. The water went over called Brownfield Station. The signifi- emplary Marine. His comrades knew the beachfront areas into the lagoons cance of this cannot be overstated nor they could trust him—they knew they and flooded houses on the lagoons. It should the meaning behind it be forgot- could depend on him. Navy Lieutenant blew homes down. Some well-con- ten. James A. Bradshaw, chaplain for the structed homes stood up well. Most of Members of the Marine Wing Support Marine Wing Support Squadron, had the condominiums that are multistory Group 374 renamed the building after this to say: condominiums seemed to hold up well, one of their fallen comrades—fellow [Andrew] took a personal interest in every but the net effect was a major loss for Ohioan Marine Corporal Andrew Sim- Marine who worked with him and spent many people. The homes and buildings mons, who also went by the name of extra hours mentoring them and helping will have to be structurally examined— Andrew Brownfield. Andrew lost his them earn their rank, as well as just helping all of them—to make sure there is not life on March 18, 2004, while serving our them be more motivated. some structural damage that is not an- Nation in Iraq. He was 24 years old. Andrew and Michell had big plans for ticipated today. I am proud of the peo- Andrew was an ordnance man with the future. Andrew used to say he ple there. the task of hanging bombs on planes wanted nine sons. He wanted to relo- The numbers I have received indicate and helicopters. Major Steve White, cate to Northeast Ohio. He wanted to there were 70 deaths in the Caribbean Marine casualty affairs officer in become an electrician, or a law en- as a result of Hurricane Ivan and that, Akron, OH made a poignant statement forcement officer. Tragically, those according to the Associated Press, regarding the new name for the ord- dreams will not be realized. there were 52 deaths in the United nance facility. This is what he said: Since the beginning of the war in States. We had four deaths in Alabama. [This] is a reminder to the Marines in Iraq Iraq, Ohioans have given their support That is a very large loss of life. It is and those preparing to go there that freedom to families and friends of fallen sol- something we need to think about, to

VerDate Aug 04 2004 00:07 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G20SE6.007 S20PT1 September 20, 2004 CONGRESSIONAL RECORD — SENATE S9369 see if we can anticipate in the future think then 10,000 people yesterday, and on top of a tree, all on top of a power these kinds of problems and minimize that maybe they would feed as many as line. Power poles are broken. It is the loss of life. 15,000 today. As is the case with other going to take some time for them to I want to say how proud I am of the towns, the whole town of Atmore for recover. people in Alabama, from the sheriffs, days has had no electricity, zero, any- I have to say another bit of good the fire chiefs, the emergency manage- where in town. news. Alabama Power Company today ment people, FEMA, and every agency One farmer told me he had gotten his announced they expected to have 99 of Government that participated in the diesel fuel tank and filled it up with percent of the power restored in the preparations leading up to the hurri- gasoline to go around town to provide State of Alabama by Friday. That is cane for the success we have had to gasoline for the power saws. People better than I would have expected. date in Alabama where the storm hit. could not get gasoline for their power That is something to be proud of. Governor Riley, early on, recognized saws. The gas stations that were As I went through Monroeville, on up the danger of this storm. He insisted opened had lines sometimes with 100, the road to where I grew up, to the lit- that we have evacuations from the dan- 200 cars. In Monroeville, where I went tle family house I grew up in, trees gerous areas. People do not like to through Saturday, people were lined up were all across that road. They had leave their homes. They think they can with probably 100, 200 cars at one of the been cut and moved off the road to a ride these things out. They may re- gas stations there. They are just begin- degree. Sometimes you had to curve member one several years ago that was ning to get electricity in Monroeville. around them. This is a State highway, not so bad. But when a major category Just maybe a quarter of the town had and the sheriff, Tommy Tate, told me 3 or category 4 hurricane hits, like it, or less. One of the fast food res- one of the people in the timber busi- Ivan was, nobody is safe on the beaches taurants had it, and there were prob- ness there took his own equipment and and the low-lying areas of our State. ably 100 cars out there. spent the day going up and down that The Governor pushed hard, and people Electricity is so important to these road clearing that road so traffic could listened and moved out. For that, we individuals and communities. All of go through there. are most grateful and thankful. It the food in their refrigerators and It took a day or two to get that done. could have been so much worse. freezers is spoiling. It will have to be That is the kind of spirit of which I am First of all, I want to say, President thrown out. In normal conditions, you proud. As I went through my commu- Bush made absolutely clear that the would just go down to the grocery nity, I passed a company working on Federal Emergency Management Agen- store and buy more food or you would the power line. I stopped to thank cy will do whatever it takes, complying go down to the fast food restaurant and them and asked them where they were with the law, to help our people in the get a hamburger. But when the whole from. They were from Indiana. They State of Alabama. town is out, and it may be 30, 40, 50 were a cable TV company. They had a Mike Brown, the Administrator at miles before you can find gasoline or crew that could handle clearing and FEMA, was down. He traveled with us. fast food—and the lines are so long you improving lines. They were down in He has been down several days. He is cannot afford to spend the time there— rural Alabama helping. From all over, going back today, I believe, to visit it becomes a pretty serious crisis for Oklahoma, other places, these compa- some of the smaller towns off the beach the people. nies are there. that suffered badly also. We have had a I was able to go with my friend, Bob Nothing is more important to the re- good response from the Federal Gov- Sharp, who is a former president of the covery of a community than getting ernment. We find there are some prob- Alabama Forestry Association, and he electricity on. We should salute and lems. Somehow we can’t get things showed me and explained to me how thank the people who have come from done quite as well as we would like. Of our timber stands have been damaged. around the country, as well as the Ala- course, FEMA is dealing now with its That is a big deal. We had agricultural bama Power Company employees who third major hurricane in just a matter loss—cotton, peanuts, pecans—but I do are working their hearts out to get of weeks, so they are stretched to the not think anything is going to show that power back on. We have electric limits, but they are responding well. the damage and losses as much as in cooperatives that are also doing the Most people are pleased with that. the timber industry. He had a stand of same thing. We have to have ice. We need to have pines. He said he bought the property It is not just the Alabama Power the electricity on wherever possible. from a paper company. The trees had Company. So many companies are Some areas need water, and making been planted, and he had thinned them helping. I salute them. I thank them. that available is critical to the health not long before the hurricane hit. When I was talking to that company and welfare of these communities. There were substantial losses. Trees from Indiana, way out there in the I want to mention a couple things I were down throughout that area. He rural areas of Alabama, I asked them: believe are worth noting. was going to manage that timber, as he How long are you going to be working Mr. President, our colleague, TRENT knew how to do, and hopefully he was today? They said: There is a substation LOTT, called me Saturday and told me going to be able to, over time, make down the road, and we are going to try that he had an individual from payments on that, and it was going to to get there by midnight tonight. They Pascagoula, MS, who had two truck- be his retirement. are working until midnight. loads of ice he was sending over. I tried He talked about a friend of his, who That is the kind of hours people are to figure out how we were going to pay is the same age, who had driven out putting in. There is no place with elec- for it, and he said he is not asking to and looked at his timber losses and tricity for them to spend the night or be paid. He said: This is from Mis- just had to sit there and cry when he to get a hot meal, unless somebody in sissippi with love. We love you. We are saw those trees, so many of them, the community provides it. They are sending this ice to you because we care down. It is a real economic hardship for performing at an extremely high level about you. We know you are hurting. It a lot of good people, but they are re- which makes us all proud. could have been us. We are thankful for sponding well. We are going to come out of this. We that. We want to give this to you. So I Mayor Shell, at Atmore, is such a have a long way to go. People’s homes salute Mark Mavar, an individual who fine leader. He was an engineer at one are damaged all over. At the home I cared enough to send a large and valu- of the companies there. He is now re- grew up in, a big oak tree crashed down able amount of ice to the people of Ala- tired. He gives his time so well to lead on the little garage there and smashed bama. that community. it flat and knocked a couple of holes in Groups have come from around the I met Mayor Anne Farrish in Mon- our house. That was small. If you go country to help. I was with the mayor roeville. She is such a wonderful out further, you see a huge pine tree of Atmore on Friday, and he talked mayor. Eddie Everett is the fire chief, cutting off a part of a house, and peo- about people coming there from around and Tommy Tate is the sheriff. We sat ple are thanking the good Lord they the country. Today, the mayor told me down and talked about all the trees were not injured. You see people there that Volunteers of America had served they had lost. It is not just power lines who had 6 inches to 8 inches of water in 6,000 people in his small town, and I being down, but a tree on top of a tree their house and flooding during the

VerDate Aug 04 2004 00:07 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G20SE6.011 S20PT1 S9370 CONGRESSIONAL RECORD — SENATE September 20, 2004 rain that came with this hurricane. gling to get some electricity. They just then he would say this is shooting 4 You begin to count your blessings. got a little bit in town, and they are inches high and 4 inches to the right. They were counting theirs. They excited about that. They will be able to As long as that is happening, don’t weren’t complaining. have gasoline provided. Some of the change anything. If you change it, it People whose home flooded had a restaurants have electricity so people will never be the same again. I am young child there. The tree hit their can get a hot meal. That was good pleased to tell you that 54 years later roof. They were thankful. I saw a per- news. That is the kind of thing they it has never been changed. It still son who was working in the yard, and are doing. shoots 4 inches high and 4 inches to the I went up to him to speak and said: Do They are worried about the nursing right. That is the rifle I took on this you live here? home. Generators are keeping that hunt. He said: No, this is my friend, and we going right now so far. Her husband is When I sighted it in—and they have didn’t have any real damage at my a doctor there, and the hospital is get- professionals there to make sure you house, just lost some shingles, so I am ting by on a generator. Linden, Thom- have it right—I told them it is 4 inches here helping him. asville, Jackson, all these communities high and 4 inches to the right and that I saw people with power saws cutting were hard hit. Birmingham, much fur- I would not change it. My first shot trees. A timber company had cherry ther up the State, had substantial was 4 inches high and 4 inches to the picker equipment that was lifting one power outages, and the storm contin- right. After I compensated that, the of the logs off a house for no charge, ued on north. We have had flooding in second shot was right in the bullseye. just to help a neighbor be able to seal West Virginia and many deaths. Part of this organization provides up the house so the rain won’t do dam- Whatever else a storm such as Ivan water for wildlife. Many people would age to it. teaches us, it teaches us that we don’t not know that Wyoming is high desert. Those are the kinds of things that control our fate. We are just here a Most of it gets less than 16 inches of make this a great country. It does not short period of time in this life; our rainfall a year. Yet we have a lot of require the direction of somebody from lives are but a vapor, the Scriptures wildlife. We have an increase in the Washington, DC. It does not require di- say. We can’t control the winds and amount of wildlife because the hunters rection from Montgomery, AL, or even waves, as my daughter e-mailed me. of the State have been concerned about the counties. But in the very commu- That is controlled by a higher power. it, are working on it, and have provided nities and neighborhoods of our coun- We are called upon to love our neigh- different methods that improve habitat try live some of the finest people the bors, take care of our communities, for wildlife, none of which helps it world has ever known. They know how and help one another. I believe that is more than water. There are people who to stand up and make decisions, utilize happening in my State to a degree that would claim that in some places in Wy- equipment, take care of their neigh- makes me very proud. oming, if you saw an antelope, it would bors, and help one another who are in We are going to get through it. We be carrying a water bottle because it need. They do that on a daily basis in are going to stay together. We are would be so far from water. They worked very hard during the this crisis. going to be a better State when it is year to get contributions and planned I am proud beyond words to represent over. water projects in places to be particu- them. Yes, the Federal Government I yield the floor. larly helpful to the wildlife. I would be has a role. We expect them to fulfill The PRESIDING OFFICER (Mrs. remiss if I didn’t mention the Sports- that. The State of Alabama has a role, DOLE). The Senator from Wyoming. mans Caucus, which is a group of and the county and city governments f have a role. They are working hard. I sportsmen in the Senate and in the have talked to those mayors. I have ONE SHOT ANTELOPE HUNT House that works all year long to talked to the leaders in the commu- Mr. ENZI. Madam President, I wish watch out for legislation that helps nities, and they are working hard. to take a few minutes and talk about a conservation and that provides greater access for hunters and sportsmen. It in- They are intense. They are alert. They historic event that just reoccurred in volves Members of the Senate and are insisting that things be done. They Wyoming this last weekend. We just House in the outdoor sports. So those are insisting that if they need some completed another weekend of the One who have not had an opportunity to see equipment and it is available, they get Shot Antelope Hunt. This is one of the them will have an opportunity to see it. I am proud of that kind of leader- earliest competitions in America. It is a continuing one. It has been done an- what they can do. ship. That is perfectly legitimate. A favorite quote of mine is that ‘‘it is Fundamentally, the people are re- nually since 1939. I know about it be- better to take your child hunting than cause my grandfather told me about it. sponding well. The power will be to be hunting for your child.’’ Fortu- turned back on. FEMA will come He considered it to be one of the great nately, there are not only parents in- around, under the supervision of the competitions. They allow 2,400 hunters volved in this activity, but there are a Corps of Engineers, and pick up all the to be a part of it each year. It is tied in lot of people who adopt kids for this limbs and trees that are there. These with some conservation efforts. kind of activity. It makes a great dif- are not just small trees. Some of them I would like to thank a few people for ference in Wyoming, and I expect it are huge, representing many loads just putting this on each year in Lander, makes a great difference throughout to haul off the wood product of one WY. The president this year was Scott the country. major oak tree or one big pine tree. It Harnsberger. They are helped by the It was a great pleasure to take part is going to take months to get all that Shoshone Tribe. Chief Norm St. Clair in this annual event and to see the peo- done. But the system has been proven. did the blessing of the bullets. Medi- ple who have participated for years. It We need to refine it and make it better. cine man Willie LeClair provided the was a great time for me to remember But it will work. This relief will apply medicine bags. My greeter was Rick my grandfather and all of the lessons not just to the people who have houses Fagmont. he gave me as I grew up, not only in on the beach but to every town and He is a CPA, and I appreciated that the area of hunting or fishing, but the community in the State. since I am the only accountant in the respect that grew out of those activi- I was pleased to see Mr. Brown make Senate. The sheriff, Skip Horneker, ties that allows me to talk about abso- that comment just today on the na- was my guide for the hunt. lutely anything. So while my grand- tional news media. I talked to him As I mentioned, my grandfather had father passed away a number of years about it. It is not just the people on the told me about this hunt, and I started ago, in a sense I just finished having a beaches who were hurt but in Atmore hunting with him when I was about 6 great weekend with my grandfather. and Brewton and Monroeville, Frisco years old. We would go out and take I yield the floor and suggest the ab- City, Evergreen, Greenville, and Cam- this rifle he had and sight it in. At that sence of a quorum. den, my hometown where I went to time, it was his intention for me to The PRESIDING OFFICER. The school. some day have that rifle. As we would clerk will call the roll. I talked to Mayor Henrietta sight it in, he would take three shots The assistant legislative clerk pro- Blackmon there today. She is strug- and we would check the target, and ceeded to call the roll.

VerDate Aug 04 2004 00:07 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G20SE6.013 S20PT1 September 20, 2004 CONGRESSIONAL RECORD — SENATE S9371 Mr. DASCHLE. Madam President, I Like so many Native Americans in The statue that stands on the capitol ask unanimous consent that the order South Dakota and across our country, grounds in Pierre will be an enduring for the quorum call be rescinded. Walter felt an obligation to serve his reminder of your contribution. But The PRESIDING OFFICER. Without country. even this memorial is just a token of objection, it is on ordered. Walter enlisted at the age of 19 and the gratitude and reverence South Da- f was sent overseas in 1951. Just 4 kota feels for you. The true memorial DEDICATION OF THE SOUTH months after arriving in Korea, Walter to your heroism is cast not in bronze, DAKOTA KOREAN WAR MEMORIAL was killed in an intense firefight near but in the hearts of millions of Koreans Homang-ni. He was awarded a post- whose freedom you won, and in the Mr. DASCHLE. Madam President, humous Silver Star for ‘‘gallantry in memories of the Americans inspired by over the weekend, South Dakota hon- action’’ and I would like to read from your courage. ored a debt long overdue. his citation. We thank you for your service, and With the dedication of the South Da- It says: we salute your valor. And we will al- kota Korean War Memorial on the cap- ways remember. itol grounds in Pierre, our State paid As Company F attacked Hill 347, Private LaPointe moved ahead of the company line, I yield the floor. tribute to the extraordinary heroism of seeking out and firing on enemy emplace- I suggest the absence of a quorum. those men and women who defended ments. The PRESIDING OFFICER. The freedom and democracy on the Korean Ignoring the intense fire the foe was di- clerk will call the roll. peninsula. recting on the area, Private LaPointe dis- The assistant legislative clerk pro- More than 1.8 million Americans played superb courage and determination by fought in the Korean war, facing some advancing whenever possible and setting up ceeded to call the roll. of the fiercest fighting the world has his weapon in unprotected but commanding Mr. BYRD. Mr. President, I ask unan- ever seen. positions. imous consent that the order for the More than 36,500 soldiers made the He bravely continued in this manner, pro- quorum call be dispensed with. ultimate sacrifice in this effort, includ- viding much needed automatic weapons fire The PRESIDING OFFICER (Mr. ing nearly 200 South Dakotans. An- for his comrades, until mortally wounded. CORNYN). Without objection, it is so or- Private LaPointe’s gallantry reflects the dered. other 103,000 Americans were wounded. highest credit on himself and the military The cause for which they fought, and service. f the freedom they won, is clear today Walter was buried at the Advent CELEBRATING THE CONSTITUTION for all to see. On the south side of the 38th parallel Cemetery near his home in Mosher. His Mr. BYRD. Mr. President, every lives a prosperous, free nation, fully mother Elizabeth was touched by the event memorable enough to be re- welcomed into the family of nations. warmth local veterans displayed at her corded becomes a part of history. But On the north side, 22 million Koreans son’s passing. some events define and shape history live under tyranny and in hunger. The following Spring, Elizabeth de- with the force of plate tectonics, mov- The regime is rightly condemned for cided to serve lunch to the local Amer- ing the world onto a new path. On Sep- its abuse of its own citizens and their ican Legion Post. She decided to make tember 17, 1787, just such an event oc- fundamental rights, and is an inter- it a tradition, and each year since the curred when the Constitution of the national outcast due to its spreading of Legion Post in Mosher has enjoyed a United States was signed. missile technology and weapons-of- luncheon served by the LaPointe fam- I hold this Constitution in my hand. mass-destruction technology through- ily. With the adoption of this document, out the world. Even after Elizabeth’s passing, the a new and powerful nation was created. The map shows nothing more than a tradition continues, and still today the That Nation, our Nation, still guided line separating the two. But in a real members of the local Legion Post know by the powerful hand of God in many sense, what separates North from the enduring gratitude of the LaPointe ways and certainly still guided by the South Korea is the heroism of the family. governmental structure laid out in this American soldiers who fought there. Many friendships have been built Constitution, is the heavyweight cham- Several years ago, under the direc- over the years and a special connection pion of world politics and the global tion of Sheila Hansen, a teacher in the between the family and Mosher’s vet- economy. Actions of our Government Spearfish Middle school, the children eran community has grown. Speaking influence world events with a speed and of South Dakota set out to tell the sto- of the tradition, a family member re- force of a category 5 hurricane. ries of each of the 2,200 South Dako- cently said: The Declaration of Independence was tans who gave their lives in World War In this manner, we will forever preserve historic. And I have it, too, here in my II. [Walter’s] memory. little book which I carry in my shirt The project is called Fallen Heroes, Indeed, they have done much more pocket—the Declaration of Independ- and the stories of heroism these chil- than that. With their generosity, they ence. The signers of that Declaration of dren uncovered taught all South Dako- have strengthened the ties of friend- Independence committed treason tans a lesson about the true meaning of ship between the citizens of South Da- against the king. And those brave patriotism and service. kota and the men and women who fight men—and they were men—who signed Recently, Sheila Hansen asked her to protect them. They have shown our the Declaration of Independence, any class to do the same for those South veterans that their service will never Dakotans who gave their lives in the one of them, each of them, could have Korean war. be forgotten. been arrested, thrown into prison, sent I commend and thank Sheila and her This, too, is the ultimate contribu- to England in chains, and executed. eighth grade class at Spearfish Middle tion of the Fallen Heroes project and So we ought to ponder those men, School, as well as Stanley County Mid- the South Dakota Korean War Memo- their lives and those documents that dle School teacher Shirley Swanson, rial dedicated this past Saturday. they signed. We don’t often enough whose seventh grade class joined in the Because our country was still war- think about the sacrifices they made, effort. weary from the end of World War II, the risks they were willing to take as Together, the students prepared bio- few returning Korean war veterans they pledged their lives and their for- graphical profiles for those South Da- were greeted with the ticker-tape pa- tunes and their sacred honor. kotans who lost their lives in service rades and community celebrations that The Declaration of Independence was to their country during the Korean were common after World War II. The historic, for without it and the events war. Korean war became known as the For- that it set in motion there would be no One of the young men and women gotten War. fledgling United States of America. profiled was Walter Baptist LaPointe, For the 12,000 Korean war veterans The surrender at Yorktown on Octo- from Mosher, SD. still living in South Dakota, and all ber 19, 1781, was also historic, marking Walter was the youngest of eight those with whom they served, we have the successful conclusion of the War children born to Albert and Elizabeth a simple message—you will never be for Independence. Without that sur- Ringing Shield LaPointe. forgotten. render, there would be no United

VerDate Aug 04 2004 00:07 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.005 S20PT1 S9372 CONGRESSIONAL RECORD — SENATE September 20, 2004 States. But the early days of our new the first century of our history, the right to bear arms, and others. These Republic were difficult ones, burdened United States did not have a large rights and freedoms, too, had their im- with war debts and hampered by the standing army, only a small navy and mediate roots in the prerevolutionary weak and ineffective structure that marine corps. In the event of an inva- treatment of the colonists by the ty- was the Confederation Government. sion, citizens were expected to grab rant king. If the Constitution is the The Nation was independent but not their guns and form a militia, as was bones of our national body, then the truly united. The central Government done in the Revolution. Bill of Rights must be its heart and was weak, relative to the State govern- The Congress would call up the mili- soul. These rights are what the colo- ments, dependent on whatever con- tia, which only then would be led by nists fought for, the things for which tribution the States chose to make. the President in his role as Commander they were willing to risk losing their The national Government could not in Chief. The President is not the Com- lives and their property and their for- speak convincingly as the official voice mander in Chief of industry. He is not tunes. of the whole Nation. It was not until the Commander in Chief of the Senate. These rights are what set the United the Constitutional Convention in He is not the Commander in Chief of States above other nations, what make Philadelphia completed its work and Congress. The Congress, under the Con- the United States such a shining bea- constructed in less than 100 days a stitution, provides for the military. con—such a shining beacon—for the strong yet flexible governmental struc- Congress is the paymaster, just as the peoples of other nations to aspire to ture that our young Nation was ready Roman Senate was the paymaster in and to establish for themselves. Our to make a name for itself on the world the days of ancient Rome. No consul ideals of freedom, set forth and realized stage. could pay his legions of Roman soldiers in our Constitution, are our greatest Our Constitution is a remarkable unless the Roman Senate provided export to the world. How about that. document—truly remarkable, this Con- therefore. Those of you who are sharpest on for- stitution which I hold in my hand. It is So Congress is the paymaster, the ar- eign trade, those of you who pride remarkable for its simplicity, and it is morer, and the rulemaking body for yourselves on being trade experts, what remarkable for its astute under- the military—not the President, not is the greatest export? What is the standing of human nature. The govern- the Commander in Chief, nor his gen- greatest export of the United States? Well, our ideals of freedom, realized in mental structure that was devised in erals. The President commands the mi- the Constitution, are our greatest ex- Philadelphia did not depend on extraor- litia only when the militia is called into action by Congress or when nec- port to the world. dinary men in order to work but, rath- For more than 200 years, our Con- essary to repel an invasion. The Fram- er, the system relied upon the ambi- stitution has demonstrated its unique ers ensured that the people—the first tions of many ordinary men to check adaptability. The Nation has grown three words in the preamble of this and balance each other, keeping any and changed in ways that the Framers Constitution, which I hold in my hand, one man or any one branch of Govern- would not have imagined, whatever are: ‘‘We The People.’’ That is you; ment from becoming another tyrant their greatest hopes and ambitions for that is you; that is you; that is you; like King George. the Nation might have been. Our na- The Framers of the Constitution put that is you, that is you. ‘‘We The Peo- tional interests and responsibilities en- the greatest power where? In the peo- ple.’’ That is you, the people out there gage us in activities and places that ple and in their elected representa- over the broad hills and valleys and span the globe. We possess a military tives—like you and you and you and mountains of this great Nation who are that is unmatched in size and capa- me—and made those representatives watching through these electronic eyes bility. Our military spending outstrips responsible and responsive to the peo- and hearing the words that are being most of the rest of the world combined. ple. That is why, every 2 years, the en- spoken on the floor of the Senate—the Why? We wonder why. That is food for tire membership of the House of Rep- people. The Framers ensured that the thought on another day. resentatives and one-third of the mem- people, through their elected Rep- Our technology, our culture, our hu- bership of the Senate face the people— resentatives in Congress would control manitarian goodwill reach out into the face the people—in an election. The the military so that it could not be- most remote areas of the world. But President, as will happen later this come a tool of Government repression our Constitution, despite all these soci- year, faces the people every 4 years. against their own people or a way for etal changes, continues to provide a Only judges, who must remain inde- Presidents to lead the Nation into for- government structure that allows us to pendent and free from such public pres- eign misadventures. manage these great enterprises while sures, are appointed for life. The Framers created a barebones protecting the individual rights that The Framers also put a premium on governmental structure—a barebones each of us is guaranteed in the Con- civilian control of the military. Now, governmental structure. All rights not stitution and its Bill of Rights. Only we ought to remember that. We hear expressly given to the Federal Govern- we—not somebody out there from all these sayings about the Commander ment were to be left to the States and Mars, some distant planet, only we can in Chief—the Commander in Chief. And to the people. In the course of ratifying erode those rights or change that some speak with awe of the Com- the Constitution, however, it became structure. Our greatest enemy is not mander in Chief. But the Commander clear that many people wanted to have armed with guns, you see; our greatest in Chief is only the Commander in these rights codified. And so from this enemy is our own ignorance and our Chief of the Army, the Navy, and the sentiment came the first 10 amend- own inattention to the Constitution, militia, when it is called into service. ments to the Constitution. How many this great legacy. But who creates an army? The Com- words are there in the preamble and Last Friday marked the 217th anni- mander in Chief would not have any the original Constitution? How many versary of the Constitution’s signing. I army over which to be commander if words? There are 4,379 words in the pre- doubt that many Americans celebrated the Congress—this House and the other amble and the Constitution, as it was or even took heed to that occasion, and body—did not create an army and pro- signed by the Framers. And then later that is a mistake. For September 17 is vide for a navy and provide for the call- came the first 10 amendments, and more important to our everyday lives ing up of the militia. It is the Congress, they are known to us as the Bill of than Columbus Day, more important to you see. Rights. How many words, then, are our everyday lives than Thanksgiving, So the Framers put a premium on ci- there in the preamble and the Con- more important to our everyday lives vilian control of the military. Again, stitution and the Bill of Rights? There than the Fourth of July. Our flag is this reflected their desire to prevent a are 4,861 words. How few are those precious to us. There it stands, majes- military dictatorship from arising. words, how few. tic. How inspiring, that flag. Our flag is They did not want a President to act as And so the first 10 amendments, com- precious to us—and never more so than a king, ordering armies to war in re- monly known as the Bill of Rights, in- in the days after September 11, 2001. mote lands on his say-so alone. Nor did clude the familiar freedom of speech, Our flag is celebrated every June 14, they want a powerful general to seize freedom of assembly, freedom of wor- but our Constitution is more important political power. In their day, and for ship, the right to a speedy trial, the than that flag by far.

VerDate Aug 04 2004 00:07 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\G20SE6.019 S20PT1 September 20, 2004 CONGRESSIONAL RECORD — SENATE S9373 The flag is a potent symbol of our becoming like a colonial government, as one in which all people may aspire Nation, but this Constitution which I subject to the whims of a tyrant. They to become citizens—the Constitution of hold in my hand is the soul of the Na- do not understand what the checks and the United States. tion. The Constitution is the founda- balances in our governmental structure My hope is that observances of Con- tion upon which each stone of our gov- are meant to do, nor the importance of stitution Day would encourage all citi- ernmental structure is laid. It is our maintaining those checks and bal- zens to learn more about the Constitu- bedrock. It touches every day of your ances. tion and their government. An in- lives, I say to the pages on both sides Frankly, there are too many Mem- formed public is our best defense of the Chair. This Constitution touches bers of Congress who do not appear to against tyranny. every day, every hour, every minute of understand or appreciate those checks I know that it is late in the legisla- your lives. Practically everything you and balances. When it comes to the Ex- tive session to introduce legislation, do is made possible by or is guaranteed ecutive, too many Members of this but I hope the calendar will not deter or is protected by this Constitution. It body want to side with the Executive. the Congress from taking up and adopt- is the prism through which each act of They are monarchists, I would say. ing this legislation. It is not a partisan our Government should be examined They almost look upon the President matter. The Constitution is there for and judged. If such an understanding as a king. As a result, over the years, all Americans, regardless of their polit- were in place, we would not have to the power of the legislative branch has ical party, irrespective of whatever po- question aspects of the PATRIOT Act eroded, while the power of the execu- litical events might be on the calendar. that might threaten privacy and due tive branch has grown. Congress has In fact, it might be more important be- process rights of Americans because ceded much of its power, and it does so cause of the upcoming election. those elements would not have been in- willingly. It has ceded much of its During election years, it becomes cluded. But in our fear of terrorism and power willingly to the Executive, to even more vital that all Americans due to our inattention to the Constitu- the point that we have few tools re- look at the candidates and ask them- tion, we were stampeded into legisla- maining with which to rein in an auto- selves which one will best support and tion that erodes some of your rights, cratic Executive. defend the Constitution from all en- some of every citizen’s rights. Every When the Constitution was cir- emies, foreign and domestic. As Ameri- time the executive assumes powers culated for ratification in 1787, there cans exercise the fundamental right to that are not challenged by the Con- was active political debate. Pamphlets choose their representatives, they par- gress, and every time Congress gives up were written and essays were written. ticipate in the enduring system of gov- its powers to the executive, our Con- The Constitution was a topic of con- ernment set forth in the Constitution. stitution is eroded, and we come one versation around dinner tables and at It is fitting and appropriate that we step closer to tyranny when that hap- public meeting places. The Federalist honor the document that established pens, one step closer to the dictator- Papers were widely printed, widely this government, and that we as a na- ship of the executive. read, widely discussed. They were the tion take steps to ensure that our Con- I believe the Constitution deserves centerpiece of the debate over the form stitution and our system of govern- greater prominence in our national of this new government. I doubt that ment are known, understood, and cher- life. A survey conducted by Portrait of one could today find many people out- ished by the people they were estab- America in 2000 found—now think of side of collegiate American history and lished to serve. this; I just couldn’t believe it until I politics majors who have read the Fed- I yield the floor. read it myself—that only half of Amer- eralist Papers. In these days of tele- f icans, just 51 percent, would vote for vision, radio, and movies, we no longer the passage of the U.S. Constitution if have the quiet evenings of discussion MILITARY CONSTRUCTION it were presented in ballot form today. that the Founders knew. We are too APPROPRIATIONS ACT, 2005 That is incredible. Some 22 percent of busy with pseudo ‘‘reality’’ shows to The PRESIDING OFFICER. Under respondents would vote against the spend time worrying about our own re- the previous order, the hour of 5:20 p.m. Constitution. I will tell you, that is ality, our own government. having arrived, the Senate will resume about enough to make your hair stand Without such a national debate, the consideration of H.R. 4837, which the on end. And 27 percent were not sure if results of a similar survey in 1787 clerk will report. they would support it. Those are eye- might have been the same as in 2000. As The legislative clerk read as follows: opening findings. I say they are hair- a nation, we are fortunate such a de- A bill (H.R. 4837) making appropriations raising, hair-curling findings. That bate took place. The 2000 survey shows for military construction, family housing, ought to curl your hair. If you don’t unequivocally that greater knowledge and base realignment and closure for the De- have any, it ought to make your hair about our Constitution is needed. partment of Defense for the fiscal year end- grow where there is none. Twenty- I believe a necessary step in raising ing September 30, 2005, and for other pur- seven percent were not sure if they the profile of the Constitution involves poses. would support it. Those are eye-open- giving it equal billing with Christopher The PRESIDING OFFICER. There ing findings, to be sure. Columbus, with Flag Day, and with the will now be 10 minutes of debate, equal- While some attribute this outcome to Fourth of July. September 17, the anni- ly divided, prior to the vote on passage a general disaffection with Govern- versary of the signing of the Constitu- of the bill. The 5 minutes on the Demo- ment, I believe that the survey findings tion, should be declared a national hol- cratic side has already been consumed. are the result of ignorance. Too many iday. And so, Mr. President, on The Senator from Texas is recog- citizens do not know what the Con- Wednesday of last week I submitted to nized. stitution does. Many citizens revere the desk legislation to do just that. Mrs. HUTCHISON. How much time is the Constitution, but they don’t know That legislation would declare Sep- remaining on either side? what is in it. Many Members of this tember 17 ‘‘Constitution Day’’ and The PRESIDING OFFICER. The ma- body really don’t know what is in the would encourage citizens to observe jority side has 5 minutes. The minority Constitution. They have read some por- the day with appropriate ceremonies, side has exhausted its time. tion. If they are lawyers, they might be including a reading of the Constitu- Mrs. HUTCHISON. Mr. President, I very familiar with this portion or that tion. Currently, September 17 is des- ask unanimous consent that the Sen- portion, this amendment or that one, ignated ‘‘Citizenship Day,’’ recognizing ator from California get 21⁄2 minutes of but to know about the Constitution, all who, by birth or by naturalization, the majority time. what is in it, what it does, many of us are citizens of the United States. Citi- The PRESIDING OFFICER. Without are ignorant. Even fewer know why the zenship in our great Nation is certainly objection, it is so ordered. Constitution was designed the way it a worthy topic, and it merits recogni- Mrs. HUTCHISON. Mr. President, was. tion. But more importantly, I believe, this is a bill that is cut and dried. My Most people do not appreciate all of this is the document that establishes distinguished colleague, Senator FEIN- the safeguards created by the Framers the duties and rights of citizenship, the STEIN, and I have worked very closely to prevent our new government from document that establishes this Nation on this bill. We are in agreement on its

VerDate Aug 04 2004 00:49 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G20SE6.028 S20PT1 S9374 CONGRESSIONAL RECORD — SENATE September 20, 2004 priorities. I think it is a good bill for in budget authority and $9.995 billion colleagues have resisted the tempta- the military construction of our coun- outlays in FY 2005. This amount is $449 tion to add pork to bases in their try. million above the President’s request. States in what would be a misguided I don’t need to go over the details of It matches the 302(b) allocations adopt- effort to save their bases base closure. the bill. Here is the bottom line: We ed by the Senate Appropriations Com- Such efforts would be a waste of tax- are trying to fund the necessary mili- mittee and is $159 million more than payer money and would not prevent tary construction that will give a bet- FY 2004 enacted level. There are no their base from being closed. ter quality of life and better facilities mandatory programs in the bill. In an effort to contain the wasteful to those who are doing the job we are I ask unanimous consent that a table spending inherent in Member-requested asking them to do. It is a pretty impor- displaying the Budget Committee scor- construction projects. I sponsored, and tant job. They are protecting the free- ing of the bill be printed in the the Senate adopted, merit-based cri- dom we enjoy today. It is that simple. RECORD. teria for evaluating member add-ons as Our bill has prioritized housing, fa- There being no objection, the mate- a part of the fiscal year 1995 Defense cilities where people will be trained, rial was ordered to be printed in the Authorization Act. The criteria are: and especially Guard and Reserve RECORD, as follows: No. 1, the project is in the service’s fu- units. In the past, I think we have ture years defense plan; No. 2, the S. 2674, 2005 MILITARY CONSTRUCTION APPROPRIATIONS shortchanged our Guard and Reserve. project is mission essential; No. 3, the But we now see how important our Spending comparisons—Senate-reported bill (fiscal year 2005, $ millions) project does not conflict with base re- Guard and Reserve are, how much they alignment proposals; No. 5, the service Category General Manda- Total are doing for our country. They are purpose tory can offset the proposed expenditure being called in record numbers, and Senate-reported bill: within that year’s budget request. they are stepping to the plate and Budget authority ...... 10,003 ...... 10,003 These criteria have been useful in Outlays ...... 9,995 ...... 9,995 doing their job. So we have focused on Senate 302(b) allocation: ferreting out programs or projects of a bill that would give more of our Budget authority ...... 10,003 ...... 10,003 questionable merit, and in determining Outlays ...... 10,010 ...... 10,010 Guard and Reserve better facilities, 2004 Enacted: the relative priority of projects that which they so richly deserve. Budget authority ...... 9,844 ...... 9,844 have been requested by Members for Outlays ...... 10,353 ...... 10,353 We have more child development cen- President’s request: strictly parochial reasons, often at the ters because we have more families in Budget authority ...... 9,554 ...... 9,554 expense of the readiness of our Armed Outlays ...... 9,985 ...... 9,985 the military than before. We have more House-passed bill: Forces. Unfortunately, in the years hospitals and medical facilities be- Budget authority ...... 10,003 ...... 10,003 that these criteria have been in place, cause, of course, we want to make sure Outlays ...... 10,009 ...... 10,009 Senate-reported bill compared to: no offsets have been provided for any we have proper medical treatment for Senate 302(b) allocation: project. our young men and women who are in Budget authority ...... All of the 35 earmarks, totaling $44.7 Outlays ...... ¥15 ...... ¥15 our Armed Forces and for their fami- 2004 Enacted: million, are under the minor construc- lies. So I think we have taken our allo- Budget authority ...... 159 ...... 159 tion account. Normally, this account is Outlays ...... ¥358 ...... ¥358 cation, which is $10 billion, and we President’s request: intended to be used for urgent and un- have prioritized it to make a better Budget authority ...... 449 ...... 449 foreseen requirements and, therefore, Outlays ...... 10 ...... 10 quality of life for those who are giving House-passed bill: neither the President’s budget nor the their lives for our freedom. I think it is Budget authority ...... authorizing committees identify spe- ¥ ¥ a good bill, and I am proud to ask my Outlays ...... 14 ...... 14 cific projects to be funded. Once the colleagues to support it. NOTE: Details may not add to totals due to rounding. Totals adjusted for services decide to spend the money, the The PRESIDING OFFICER. The Sen- consistency with scorekeeping conventions. authorizing and appropriations com- ator from California is recognized. Mr. MCCAIN. Mr. President, I support mittees must approve or disapprove of Mrs. FEINSTEIN. Mr. President, I passage of the fiscal year 2005 Military the minor construction project to thank the distinguished chairman. It is Construction Appropriations Act. This which the services plan to fund. By ear- always a great privilege for me to work bill provides $10 billion in funding for marking the funds in the minor con- with her. Her leadership has been su- important military construction ac- struction account, the appropriators perb, and I can easily say I agree with tivities including base housing and the have usurped the authority of the au- everything she has just so well stated. construction and maintenance of base thorizing committee to approve or re- The chairman mentioned that this is infrastructure. Amazingly, this report ject these projects. a $10 billion bill. It is up 2.5 percent contains only 35 earmarks totaling I commend the chairman of the Mili- over last year. It funds environmental $44.7 million, which is significantly less tary Construction Subcommittee, Sen- remediation. There is $4.5 billion for than the approximately $80 million in ator HUTCHISON, and the ranking mem- Active-Duty military construction, $1 unauthorized earmarks contained in ber, Senator FEINSTEIN, for their work billion for new barracks, and $814 mil- last year’s appropriations bill. on this bill and their continued support lion for Reserve component facilities. Although 70 percent of these ear- for our military. Their attention and That is 31 percent greater than the marks are directed to the States of ap- commitment to only supporting high- President’s budget request. It includes propriators, I applaud the Military priority projects for the Navy, Marine $361 million for BRAC environmental Construction Subcommittee for their Corps, Army and Air Force is once cleanup, including revenue from Navy generally clean bill. I am particularly again exemplary and provide for a land sales, and $188 million for medical pleased by the language in the report sound measure to fund military con- and dental clinics and hospitals. The that specifically states that the com- struction in the coming fiscal year. bill also includes $4.2 billion—more mittee has provided construction funds Mrs. HUTCHISON. Mr. President, than 40 percent of the total funding— only for projects that were included in have the yeas and nays been ordered? for improved family housing for service the Senate-passed version of the fiscal The PRESIDING OFFICER. They members and their families. year 2005 Defense Authorization Act, have not. Mr. President, this is a good bill. I currently pending in conference. This Mrs. HUTCHISON. I ask for the yeas would be very hopeful that the Senate appropriations bill is a good example of and nays. would accept it unanimously. Again, I how the legislative process is expected The PRESIDING OFFICER. Is there a thank the chair for her leadership. I to work, wherein the work of the au- sufficient second? thank the majority staff and the mi- thorizers is fully taken into account by There appears to be a sufficient sec- nority staff as well. the appropriators. I hope this can be ond. I yield the floor. emulated by all appropriations sub- Mrs. HUTCHISON. I yield back the Mr. NICKLES. Mr. President, the committees and authorizing commit- remainder of our time. pending Military Construction appro- tees. The PRESIDING OFFICER. All time priations bill for FY 2005—S. 2674—as As we progress towards the scheduled having expired, the question is, Shall reported by the Senate Committee on base closure and realignment round in the bill, as amended, pass? The clerk Appropriations, provides $10.003 billion 2005, I am encouraged to see that my will call the roll.

VerDate Aug 04 2004 01:49 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G20SE6.031 S20PT1 September 20, 2004 CONGRESSIONAL RECORD — SENATE S9375 The legislative clerk called the roll. real property for the Army as currently author- MILITARY CONSTRUCTION, AIR NATIONAL GUARD Mr. FRIST. I announce that the Sen- ized by law, including personnel in the Army For construction, acquisition, expansion, re- ator from Tennessee (Mr. ALEXANDER), Corps of Engineers and other personal services habilitation, and conversion of facilities for the the Senator from Kentucky (Mr. necessary for the purposes of this appropriation, training and administration of the Air National and for construction and operation of facilities MCCONNELL), the Senator from Min- Guard, and contributions therefor, as author- in support of the functions of the Commander in ized by chapter 1803 of title 10, United States nesota (Mr. COLEMAN), and the Senator Chief, $1,977,166,000, to remain available until Code, and Military Construction Authorization from Oklahoma (Mr. INHOFE) are nec- September 30, 2009: Provided, That of this Acts, $231,083,000, to remain available until Sep- essarily absent. amount, not to exceed $187,216,000 shall be tember 30, 2009. I further announce that if present available for study, planning, design, architect MILITARY CONSTRUCTION, ARMY RESERVE and voting the Senator from Tennessee and engineer services, and host nation support, For construction, acquisition, expansion, re- (Mr. ALEXANDER), the Senator from as authorized by law, unless the Secretary of Defense determines that additional obligations habilitation, and conversion of facilities for the Kentucky (Mr. MCCONNELL), and the are necessary for such purposes and notifies the training and administration of the Army Re- Senator from Minnesota (Mr. COLEMAN) Committees on Appropriations of both Houses of serve as authorized by chapter 1803 of title 10, would each vote ‘‘yea.’’ Congress of his determination and the reasons United States Code, and Military Construction Mr. REID. I announce that the Sen- therefor. Authorization Acts, $66,325,000, to remain avail- ator from Hawaii (Mr. AKAKA), the Sen- MILITARY CONSTRUCTION, NAVY able until September 30, 2009. ator from North Carolina (Mr. ED- For acquisition, construction, installation, MILITARY CONSTRUCTION, NAVAL RESERVE WARDS), the Senator from Florida (Mr. and equipment of temporary or permanent pub- For construction, acquisition, expansion, re- GRAHAM), the Senator from Hawaii lic works, naval installations, facilities, and real habilitation, and conversion of facilities for the (Mr. INOUYE), and the Senator from property for the Navy as currently authorized training and administration of the reserve com- Massachusetts (Mr. KERRY) are nec- by law, including personnel in the Naval Facili- ponents of the Navy and Marine Corps as au- essarily absent. ties Engineering Command and other personal thorized by chapter 1803 of title 10, United The result was announced—yeas 91, services necessary for the purposes of this ap- States Code, and Military Construction Author- propriation, $1,016,315,000, to remain available ization Acts, $33,735,000, to remain available nays 0, as follows: until September 30, 2009: Provided, That of this until September 30, 2009. [Rollcall Vote No. 185 Leg.] amount, not to exceed $110,277,000 shall be MILITARY CONSTRUCTION, AIR FORCE RESERVE YEAS—91 available for study, planning, design, architect For construction, acquisition, expansion, re- Allard Dole McCain and engineer services, as authorized by law, un- less the Secretary of Defense determines that ad- habilitation, and conversion of facilities for the Allen Domenici Mikulski training and administration of the Air Force Re- Baucus Dorgan ditional obligations are necessary for such pur- Miller serve as authorized by chapter 1803 of title 10, Bayh Durbin Murkowski poses and notifies the Committees on Appropria- United States Code, and Military Construction Bennett Ensign Murray tions of both Houses of Congress of his deter- Biden Enzi Nelson (FL) mination and the reasons therefor. Authorization Acts, $101,373,000, to remain Bingaman Feingold Nelson (NE) available until September 30, 2009. Bond Feinstein MILITARY CONSTRUCTION, AIR FORCE Nickles NORTH ATLANTIC TREATY ORGANIZATION Boxer Fitzgerald For acquisition, construction, installation, Pryor Breaux Frist and equipment of temporary or permanent pub- SECURITY INVESTMENT PROGRAM Reed Brownback Graham (SC) For the United States share of the cost of the Reid lic works, military installations, facilities, and Bunning Grassley real property for the Air Force as currently au- North Atlantic Treaty Organization Security In- Burns Gregg Roberts Rockefeller thorized by law, $841,131,000, to remain avail- vestment Program for the acquisition and con- Byrd Hagel struction of military facilities and installations Campbell Harkin Santorum able until September 30, 2009: Provided, That of Cantwell Hatch Sarbanes this amount, not to exceed $180,507,000 shall be (including international military headquarters) Carper Hollings Schumer available for study, planning, design, architect and for related expenses for the collective de- Chafee Hutchison Sessions and engineer services, as authorized by law, un- fense of the North Atlantic Treaty Area as au- Chambliss Jeffords Shelby less the Secretary of Defense determines that ad- thorized in Military Construction Authorization Clinton Johnson Smith ditional obligations are necessary for such pur- Acts and section 2806 of title 10, United States Cochran Kennedy Snowe poses and notifies the Committees on Appropria- Code, $165,800,000, to remain available until ex- Collins Kohl Specter tions of both Houses of Congress of his deter- pended. Conrad Kyl Stabenow mination and the reasons therefor. Cornyn Landrieu Stevens FAMILY HOUSING CONSTRUCTION, ARMY Corzine Lautenberg Sununu MILITARY CONSTRUCTION, DEFENSE-WIDE For expenses of family housing for the Army Craig Leahy Talent For acquisition, construction, installation, Crapo for construction, including acquisition, replace- Levin Thomas Daschle Lieberman and equipment of temporary or permanent pub- ment, addition, expansion, extension and alter- Voinovich Dayton Lincoln lic works, installations, facilities, and real prop- ation, as authorized by law, $636,099,000, to re- Warner DeWine Lott erty for activities and agencies of the Depart- main available until September 30, 2009. Dodd Lugar Wyden ment of Defense (other than the military depart- FAMILY HOUSING OPERATION AND MAINTENANCE, ments), as currently authorized by law, NOT VOTING—9 ARMY $696,491,000, to remain available until September Akaka Edwards Inouye 30, 2009: Provided, That such amounts of this For expenses of family housing for the Army Alexander Graham (FL) Kerry appropriation as may be determined by the Sec- for operation and maintenance, including debt Coleman Inhofe McConnell retary of Defense may be transferred to such ap- payment, leasing, minor construction, principal The bill (H.R. 4837), as amended, was propriations of the Department of Defense avail- and interest charges, and insurance premiums, passed as follows: able for military construction or family housing as authorized by law, $928,907,000. H.R. 4837 as he may designate, to be merged with and to FAMILY HOUSING CONSTRUCTION, NAVY AND be available for the same purposes, and for the MARINE CORPS Resolved, That the bill from the House of same time period, as the appropriation or fund Representatives (H.R. 4837) entitled ‘‘An Act For expenses of family housing for the Navy to which transferred: Provided further, That of and Marine Corps for construction, including making appropriations for military con- the amount appropriated, not to exceed struction, family housing, and base realign- acquisition, replacement, addition, expansion, $66,336,000 shall be available for study, plan- extension and alteration, as authorized by law, ment and closure for the Department of De- ning, design, architect and engineer services, as fense, for the fiscal year ending September $139,107,000, to remain available until September authorized by law, unless the Secretary of De- 30, 2009. 30, 2005.’’, do pass with the following amend- fense determines that additional obligations are FAMILY HOUSING OPERATION AND MAINTENANCE, ment: necessary for such purposes and notifies the NAVY AND MARINE CORPS Strike out all after the enacting clause and Committees on Appropriations of both Houses of insert: Congress of his determination and the reasons For expenses of family housing for the Navy That the following sums are appropriated, out therefor. and Marine Corps for operation and mainte- nance, including debt payment, leasing, minor of any money in the Treasury not otherwise ap- MILITARY CONSTRUCTION, ARMY NATIONAL construction, principal and interest charges, propriated for military construction, family GUARD housing, and base realignment and closure and insurance premiums, as authorized by law, For construction, acquisition, expansion, re- functions administered by the Department of $704,504,000. habilitation, and conversion of facilities for the Defense, for the fiscal year ending September 30, training and administration of the Army Na- FAMILY HOUSING CONSTRUCTION, AIR FORCE 2005, and for other purposes, namely: tional Guard, and contributions therefor, as au- For expenses of family housing for the Air MILITARY CONSTRUCTION, ARMY thorized by chapter 1803 of title 10, United Force for construction, including acquisition, For acquisition, construction, installation, States Code, and Military Construction Author- replacement, addition, expansion, extension and and equipment of temporary or permanent pub- ization Acts, $381,765,000, to remain available alteration, as authorized by law, $846,959,000, to lic works, military installations, facilities, and until September 30, 2009. remain available until September 30, 2009.

VerDate Aug 04 2004 01:49 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4637 Sfmt 6333 E:\CR\FM\G20SE6.033 S20PT1 S9376 CONGRESSIONAL RECORD — SENATE September 20, 2004

FAMILY HOUSING OPERATION AND MAINTENANCE, be used for purchase of land or land easements funds otherwise expired or lapsed for obligation, AIR FORCE in excess of 100 percent of the value as deter- expired or lapsed funds may be used to pay the For expenses of family housing for the Air mined by the Army Corps of Engineers or the cost of associated supervision, inspection, over- Force for operation and maintenance, including Naval Facilities Engineering Command, except: head, engineering and design on those projects debt payment, leasing, minor construction, prin- (1) where there is a determination of value by a and on subsequent claims, if any. cipal and interest charges, and insurance pre- Federal court; (2) purchases negotiated by the SEC. 117. Notwithstanding any other provision miums, as authorized by law, $856,114,000. Attorney General or his designee; (3) where the of law, any funds appropriated to a military de- estimated value is less than $25,000; or (4) as FAMILY HOUSING CONSTRUCTION, DEFENSE-WIDE partment or defense agency for the construction otherwise determined by the Secretary of De- of military projects may be obligated for a mili- For expenses of family housing for the activi- fense to be in the public interest. tary construction project or contract, or for any ties and agencies of the Department of Defense SEC. 106. None of the funds appropriated in portion of such a project or contract, at any (other than the military departments) for con- Military Construction Appropriations Acts shall time before the end of the fourth fiscal year struction, including acquisition, replacement, be used to: (1) acquire land; (2) provide for site after the fiscal year for which funds for such addition, expansion, extension and alteration, preparation; or (3) install utilities for any fam- project were appropriated if the funds obligated as authorized by law, $49,000, to remain avail- ily housing, except housing for which funds for such project: (1) are obligated from funds able until September 30, 2009. have been made available in annual Military available for military construction projects; and FAMILY HOUSING OPERATION AND MAINTENANCE, Construction Appropriations Acts. (2) do not exceed the amount appropriated for DEFENSE-WIDE SEC. 107. None of the funds appropriated in such project, plus any amount by which the cost Military Construction Appropriations Acts for For expenses of family housing for the activi- of such project is increased pursuant to law. minor construction may be used to transfer or ties and agencies of the Department of Defense SEC. 118. The Secretary of Defense is to pro- relocate any activity from one base or installa- (other than the military departments) for oper- vide the Committees on Appropriations of the tion to another, without prior notification to the ation and maintenance, leasing, and minor con- Senate and the House of Representatives with struction, as authorized by law, $49,575,000. Committees on Appropriations. SEC. 108. No part of the funds appropriated in an annual report by February 15, containing DEPARTMENT OF DEFENSE FAMILY HOUSING Military Construction Appropriations Acts may details of the specific actions proposed to be IMPROVEMENT FUND be used for the procurement of steel for any con- taken by the Department of Defense during the For the Department of Defense Family Hous- struction project or activity for which American current fiscal year to encourage other member ing Improvement Fund, $2,500,000, to remain steel producers, fabricators, and manufacturers nations of the North Atlantic Treaty Organiza- available until expended, for family housing ini- have been denied the opportunity to compete for tion, Japan, Korea, and United States allies bor- tiatives undertaken pursuant to section 2883 of such steel procurement. dering the Arabian Sea to assume a greater title 10, United States Code, providing alter- SEC. 109. None of the funds available to the share of the common defense burden of such na- native means of acquiring and improving mili- Department of Defense for military construction tions and the United States. tary family housing and supporting facilities. or family housing during the current fiscal year SEC. 119. During the current fiscal year, in addition to any other transfer authority avail- CHEMICAL DEMILITARIZATION CONSTRUCTION, may be used to pay real property taxes in any able to the Department of Defense, proceeds de- DEFENSE foreign nation. SEC. 110. None of the funds appropriated in posited to the Department of Defense Base Clo- For expenses of construction, not otherwise Military Construction Appropriations Acts may sure Account established by section 207(a)(1) of provided for, necessary for the destruction of be used to initiate a new installation overseas the Defense Authorization Amendments and the United States stockpile of lethal chemical without prior notification to the Committees on Base Closure and Realignment Act (Public Law agents and munitions in accordance with the Appropriations. 100–526) pursuant to section 207(a)(2)(C) of such provisions of section 1412 of the Department of SEC. 111. None of the funds appropriated in Act, may be transferred to the account estab- Defense Authorization Act, 1986 (50 U.S.C. Military Construction Appropriations Acts may lished by section 2906(a)(1) of the Department of 1521), and for the destruction of other chemical be obligated for architect and engineer contracts Defense Authorization Act, 1991, to be merged warfare materials that are not in the chemical estimated by the Government to exceed $500,000 with, and to be available for the same purposes weapon stockpile, as currently authorized by for projects to be accomplished in Japan, in any and the same time period as that account. law, $81,886,000, to remain available until Sep- NATO member country, or in countries bor- SEC. 120. Subject to 30 days prior notification tember 30, 2009: Provided, That such amounts of dering the Arabian Sea, unless such contracts to the Committees on Appropriations, such addi- this appropriation as may be determined by the are awarded to United States firms or United tional amounts as may be determined by the Secretary of Defense may be transferred to such States firms in joint venture with host nation Secretary of Defense may be transferred to (1) appropriations of the Department of Defense firms. the Department of Defense Family Housing Im- available for military construction as he may SEC. 112. None of the funds appropriated in provement Fund from amounts appropriated for designate, to be merged with and to be available Military Construction Appropriations Acts for construction in ‘‘Family Housing’’ accounts, to for the same purposes, and for the same time pe- military construction in the United States terri- be merged with and to be available for the same riod, as the appropriation to which transferred. tories and possessions in the Pacific and on purposes and for the same period of time as Kwajalein Atoll, or in countries bordering the BASE REALIGNMENT AND CLOSURE ACCOUNT amounts appropriated directly to the Fund, or Arabian Sea, may be used to award any con- For deposit into the Department of Defense (2) the Department of Defense Military Unac- tract estimated by the Government to exceed Base Closure Account 1990 established by sec- companied Housing Improvement Fund from $1,000,000 to a foreign contractor: Provided, tion 2906(a)(1) of the Department of Defense Au- amounts appropriated for construction of mili- That this section shall not be applicable to con- thorization Act, 1991 (Public Law 101–510), tary unaccompanied housing in ‘‘Military Con- tract awards for which the lowest responsive $246,116,000, to remain available until expended. struction’’ accounts, to be merged with and to and responsible bid of a United States con- be available for the same purposes and for the GENERAL PROVISIONS tractor exceeds the lowest responsive and re- same period of time as amounts appropriated di- SEC. 101. None of the funds appropriated in sponsible bid of a foreign contractor by greater rectly to the Fund: Provided, That appropria- Military Construction Appropriations Acts shall than 20 percent: Provided further, That this sec- tions made available to the Funds shall be be expended for payments under a cost-plus-a- tion shall not apply to contract awards for mili- available to cover the costs, as defined in section fixed-fee contract for construction, where cost tary construction on Kwajalein Atoll for which 502(5) of the Congressional Budget Act of 1974, estimates exceed $25,000, to be performed within the lowest responsive and responsible bid is sub- of direct loans or loan guarantees issued by the the United States, except Alaska, without the mitted by a Marshallese contractor. Department of Defense pursuant to the provi- specific approval in writing of the Secretary of SEC. 113. The Secretary of Defense is to inform Defense setting forth the reasons therefor. the appropriate committees of Congress, includ- sions of subchapter IV of chapter 169, title 10, SEC. 102. Funds appropriated to the Depart- ing the Committees on Appropriations, of the United States Code, pertaining to alternative ment of Defense for construction shall be avail- plans and scope of any proposed military exer- means of acquiring and improving military fam- able for hire of passenger motor vehicles. cise involving United States personnel 30 days ily housing, military unaccompanied housing, SEC. 103. Funds appropriated to the Depart- prior to its occurring, if amounts expended for and supporting facilities. ment of Defense for construction may be used construction, either temporary or permanent, SEC. 121. None of the funds appropriated or for advances to the Federal Highway Adminis- are anticipated to exceed $100,000. made available by this Act may be obligated for tration, Department of Transportation, for the SEC. 114. Not more than 20 percent of the ap- Partnership for Peace Programs in the New construction of access roads as authorized by propriations in Military Construction Appro- Independent States of the former Soviet Union. section 210 of title 23, United States Code, when priations Acts which are limited for obligation SEC. 122. (a) Not later than 60 days before projects authorized therein are certified as im- during the current fiscal year shall be obligated issuing any solicitation for a contract with the portant to the national defense by the Secretary during the last 2 months of the fiscal year. private sector for military family housing the of Defense. SEC. 115. Funds appropriated to the Depart- Secretary of the military department concerned SEC. 104. None of the funds appropriated in ment of Defense for construction in prior years shall submit to the congressional defense com- this Act may be used to begin construction of shall be available for construction authorized mittees the notice described in subsection (b). new bases inside the continental United States for each such military department by the au- (b)(1) A notice referred to in subsection (a) is for which specific appropriations have not been thorizations enacted into law during the current a notice of any guarantee (including the making made. session of Congress. of mortgage or rental payments) proposed to be SEC. 105. No part of the funds provided in SEC. 116. For military construction or family made by the Secretary to the private party Military Construction Appropriations Acts shall housing projects that are being completed with under the contract involved in the event of—

VerDate Aug 04 2004 00:49 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4637 Sfmt 6333 E:\CR\FM\A20SE6.046 S20PT1 September 20, 2004 CONGRESSIONAL RECORD — SENATE S9377 (A) the closure or realignment of the installa- Hunter Liggett, California, is excess to the mili- tion in 10 U.S.C. 2883(g) is not eliminated and tion for which housing is provided under the tary needs of the Army, the Secretary of the the potential impact on military families if the contract; Army shall first offer the property to the Sec- limitation is not eliminated. (B) a reduction in force of units stationed at retary of Agriculture. (b) The Secretary of Defense shall, no later such installation; or (2) If the Secretary of Agriculture determines, than December 31, 2004, provide to the congres- (C) the extended deployment overseas of units pursuant to negotiations with the Secretary of sional defense committees a report of the assess- stationed at such installation. the Army, to accept any property offered under ment required by subparagraph (a). (2) Each notice under this subsection shall paragraph (1), the Secretary of the Army shall (c) MILITARY HOUSING PRIVATIZATION INITIA- specify the nature of the guarantee involved transfer administrative jurisdiction of such TIVE DEFINED.—In this section, the term ‘‘mili- and assess the extent and likelihood, if any, of property to the Secretary of Agriculture. tary housing privatization initiative’’ means the the liability of the Federal Government with re- (b) MANAGEMENT OF TRANSFERRED PROP- programs and activities undertaken under the spect to the guarantee. ERTY.— alternative authority for the acquisition and im- (c) In this section, the term, ‘‘congressional (1) The Secretary of Agriculture shall manage provement of military housing under subchapter defense committees’’ means the following: any property transferred under subsection (a) as IV of chapter 169 of title 10, United States Code. (1) The Committee on Armed Services and the part of the National Forest System under the SEC. 131. Of the amount appropriated by this Military Construction Subcommittee, Committee Act of March 1, 1911 (commonly known as Act, $1,500,000 shall be available to the Commis- on Appropriations of the Senate. ‘‘Weeks Law’’) (16 U.S.C. 480 et seq.), and other sion on Review of Overseas Military Facility (2) The Committee on Armed Services and the laws relating to the National Forest System. Structure of the United States. Military Construction Subcommittee, Committee (2) Any property managed under paragraph This Act may be cited as the ‘‘Military Con- on Appropriations of the House of Representa- (1) shall be subject to the concurrent jurisdiction struction Appropriations Act, 2005’’. tives. of the State of California. The PRESIDING OFFICER (Mr. FITZ- SEC. 123. During the current fiscal year, in (c) ADJUSTMENT OF BOUNDARIES.— addition to any other transfer authority avail- (1) Effective upon the transfer of property GERALD). Under the previous order, the able to the Department of Defense, amounts under subsection (a), the boundaries of Los Pa- Senate insists on its amendment to may be transferred from the account established dres National Forest shall be modified to incor- H.R. 4837 and requests a conference by section 2906(a)(1) of the Department of De- porate such property. The Chief of the United with the House, and the Chair is au- fense Authorization Act, 1991, to the fund estab- States Forest Service shall file and make avail- thorized to appoint conferees on the lished by section 1013(d) of the Demonstration able for public inspection in the Office of the part of the Senate. Cities and Metropolitan Development Act of 1966 Chief of the United States Forest Service in The Presiding Officer (Mr. FITZ- (42 U.S.C. 3374) to pay for expenses associated Washington, District of Columbia, a map reflect- with the Homeowners Assistance Program. Any ing any modification of the boundaries of Los GERALD) appointed Mrs. HUTCHISON, Mr. amounts transferred shall be merged with and Padres National Forest pursuant to the pre- BURNS, Mr. CRAIG, Mr. DEWINE, Mr. be available for the same purposes and for the ceding sentence. BROWNBACK, Mr. STEVENS, Mrs. FEIN- same time period as the fund to which trans- (2) Any property incorporated within the STEIN, Mr. INOUYE, Mr. JOHNSON, Ms. ferred. boundaries of Los Padres National Forest under LANDRIEU, and Mr. BYRD conferees on SEC. 124. Notwithstanding this or any other this section shall be deemed to have been within the part of the Senate. provision of law, funds appropriated in Military the boundaries of Los Padres National Forest as Mr. CAMPBELL. Mr. President, is it Construction Appropriations Acts for operations of January 1, 1965, for purposes of section 7(a) the appropriate time to propound a and maintenance of family housing shall be the of the Land and Water Conservation Fund Act exclusive source of funds for repair and mainte- of 1965 (16 U.S.C. 460l–9(a)). unanimous consent request? nance of all family housing units, including (d) ENVIRONMENTAL MATTERS.— The PRESIDING OFFICER. The Sen- general or flag officer quarters: Provided, That (1) As part of the transfer of property under ator may do so. not more than $35,000 per unit may be spent an- subsection (a), the Secretary of the Army shall— f nually for the maintenance and repair of any (A) provide the Secretary of Agriculture all general or flag officer quarters without 30 days documentation and information in the posses- UNANIMOUS-CONSENT AGREEMENT advance prior notification to the appropriate sion of the Secretary of the Army on the envi- Mr. CAMPBELL. Mr. President, as committees of Congress, except that an after- ronmental condition of such property, including most of my colleagues know, tomorrow the-fact notification shall be submitted if the an environmental baseline survey or its equiva- limitation is exceeded solely due to costs associ- lent; and is a very special day because we will be ated with environmental remediation that could (B) perform all environmental remediation opening the first new museum in 17 not be reasonably anticipated at the time of the and response necessary to protect human health years on the Mall, the National Mu- budget submission: Provided further, That the and the environment on such property to the ex- seum of the American Indian. Many of Under Secretary of Defense (Comptroller) is to tent consistent with the use of such property as us will be down there, and I will be report annually to the Committees on Appro- part of the National Forest System. down there most of the day, literally priations all operations and maintenance ex- (2)(A) The transfer of property under sub- up to my neck in different commit- penditures for each individual general or flag section (a) shall not affect the responsibilities of the Secretary of the Army with respect to such ments. officer quarters for the prior fiscal year. Also, tomorrow will be the last day SEC. 125. None of the funds made available in property under any applicable environmental this Act may be transferred to any department, law, including Comprehensive Environmental before I leave the Senate to manage agency, or instrumentality of the United States Response, Compensation, and Liability Act of the legislative branch appropriations Government, except pursuant to a transfer made 1980 (42 U.S.C. 9601 et seq.). which will be sometime in the after- by, or transfer authority provided in, this Act or (B) Pursuant to the transfer of property, the noon. I am concerned, since I will be any other appropriation Act. Secretary of the Army shall perform all environ- down on the Mall in traditional tribal SEC. 126. No funds appropriated in this Act mental remediation and response with respect to dress, that I will not be able to get environmental contamination or injury to nat- under the heading ‘‘North Atlantic Treaty Or- back here in time to get changed and ganization Security Investment Program’’, and ural resources on such property that are attrib- no funds appropriated for any fiscal year before utable to former military activities on such prop- do all of that. My unanimous-consent fiscal year 2005 for that program that remain erty to the extent consistent with the use of request is that if it becomes necessary, available for obligation, may be obligated or ex- such property as part of the National Forest I be allowed to appear on the floor to pended for the conduct of studies of missile de- System. present my bill in traditional tribal fense. (C) The Secretary of Agriculture shall have no dress. SEC. 127. Section 128(b)3(A) of Public Law 108– liability for any environmental remediation and The PRESIDING OFFICER. Is there 132 is amended by striking the words ‘‘December response described in subparagraph (B). objection? SEC. 130. (a) ASSESSMENT OF BUDGET AUTHOR- 31, 2004’’ and replacing with ‘‘August 15, 2005’’. Without objection, it is so ordered. SEC. 128. During the current fiscal year, ITY LIMITATION ON MILITARY HOUSING PRIVAT- amounts contained in the Ford Island Improve- IZATION INITIATIVE.—(1) The Secretary of De- f ment Account established under 10 U.S.C. fense shall assess the impacts on the military MORNING BUSINESS 2814(h) are appropriated and shall be available family housing program of having the total until expended for the purposes specified in 10 value of contracts and investments undertaken Mr. CAMPBELL. Mr. President, I ask U.S.C. 2814(i)(1) or until transferred pursuant to under the Military Housing Privatization Initia- unanimous consent that there now be a the provisions of 10 U.S.C. 2814(i)(3). tive reach the limitation on budget authority for period of morning business for debate SEC. 129. (a) TRANSFER OF CERTAIN EXCESS the initiative specified in section 2883(g) of title only, with Senators speaking up to 10 PROPERTY AT FORT HUNTER LIGGETT, CALI- 10, United States Code. minutes each. FORNIA.— (2) The assessment shall include: an estimate (1) Notwithstanding any other provision of of the appropriations and period of time nec- The PRESIDING OFFICER. Without law, whenever the Secretary of the Army deter- essary to provide the level and quality of hous- objection, it is so ordered. mines that any portion of real property con- ing contemplated under the Military Housing Mr. CAMPBELL. Mr. President, I sisting of approximately 165,000 acres at Fort Privatization Initiative in the event that limita- yield the floor.

VerDate Aug 04 2004 01:49 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.046 S20PT1 S9378 CONGRESSIONAL RECORD — SENATE September 20, 2004 TRIBUTE TO CONGRESSMAN to send a clear message that all Amer- of Education issued its annual report on DONALD G. BROTZMAN ican children deserve a world-class edu- school performance several months later, Del Sol Academy was nowhere to be found. Mr. HAGEL. Mr. President, I rise to cation. To do that, we required ac- countability for results, expanded local Ms. Brenneise wrote state officials asking express my sympathy over the loss of a why. ‘‘They wrote back,’’ she said, ‘‘that the dear friend, Donald G. Brotzman, dis- control and flexibility, emphasized the school doesn’t exist.’’ tinguished former Colorado Congress- importance of valid and reliable edu- That is because San Diego labels Del Sol a man who represented Boulder in the cational tools, and expanded parental program, not a school, said Karen Bachoffer, U.S. House of Representatives. Con- involvement. We also required schools spokeswoman for the San Diego schools. And to show, through transparent proc- like most other states, California does not gressman Brotzman passed away on provide report cards for programs that edu- September 15 at the age of 82 in Alex- esses, sufficient progress for all stu- dents, including minorities, low-in- cate disabled children. andria, VA. ‘‘He doesn’t count,’’ Ms. Brenneise said. Don Brotzman was a friend to all who come students and students with dis- ‘‘He’s left behind.’’ knew him. Highly respected and a man abilities. The problem is not confined to California. of immense character, he always had Today I am submitting for the record Around the country, states and school dis- time for everyone. His wise counsel was an August 30, 2004, New York Times ar- tricts are sidestepping the spirit, and some- ticle that contains troubling informa- times the letter, of the federal No Child Left constantly sought by leaders and Behind Education Act when it comes to re- friends. tion about how NCLB is being imple- mented for students with special needs. cording their successes and failures in teach- Don served in the Colorado State ing disabled youngsters. House of Representatives from 1952 to This article, ‘‘School Achievement Re- Federal officials have acknowledged per- 1954 and in the State Senate from 1954 ports Often Exclude the Disabled,’’ by mitting a growing number of states to ex- to 1956. In 1959, President Dwight D. Ei- Diana Jean Schemo, illustrates that clude many special education students from senhower appointed Don as U.S. attor- some States are skirting the law in reports on school progress, on the grounds ways that are leaving students with that they account for only a small portion of ney for Colorado. Congressman enrollment. Brotzman served in the U.S. House of disabilities behind. According to Schemo and the edu- But a review of state education records Representatives from 1963 to 1965 and shows that some states and districts are again from 1967 to 1975. In 1975, Presi- cation officials who corroborated her going far beyond this measure to avoid dis- dent Gerald R. Ford appointed him As- observations, some States have raised closing the quality of the education they sistant Secretary of the Army for Man- the minimum number of disabled stu- provide to such students. power and Reserve Affairs. He served 2 dents that must be enrolled before the Some exempt schools for disabled students. school has to report on their progress Still others simply do not disclose basic in- years in that position and was credited formation required by the federal law, for ex- with helping lead the way for the im- as a separate group. And some States do not break down the test scores for ample the percentage of disabled education plementation of the ‘‘all-volunteer students who graduate from high school, and army.’’ disabled students on school report about 10 states have not been fully reporting Don was born on a farm near Ster- cards. A number of States even classify how students do on achievement tests tai- ling, CO. He served in the U.S. Army in special education schools as programs, lored to disabled students, federal officials the Pacific theater during World War not schools, therefore exempting them say. New York City’s all-special-education II. He graduated from the University of from accountability. district of 20,000 mentally or physically dis- This report is deeply troubling be- abled students, District 75, gives only frag- Colorado Schools of Business and Law ments of the information the federal law re- where he had begun his undergraduate cause it makes it impossible for par- ents to evaluate the effectiveness of quires for accountability, reporting schools work before the war on a football ‘‘in good standing’’ despite dismal results. scholarship. He was an All Big Eight their children’s schools, and ulti- The trend toward avoiding accountability middle linebacker for the Colorado mately, could lead to children with is alarming advocates for the nation’s six Buffaloes. special needs being ignored as they too million disabled students, who see it as an Don Brotzman was preceded in death often were in the past. erosion of the education act’s disclosure re- by his wife of 51 years, Louise Reed Over 25 years ago, Congress enacted quirements. In them, parents and advocates the Individuals with Disabilities Edu- say, they saw a crucial lever for helping Brotzman, who died in 1995. He leaves their children meet higher academic stand- behind his wife, Gwendolyn Davis cation Act, a landmark education and civil rights law that ensured that all ards, and a way of finding out which schools Brotzman of Alexandria, whom he mar- were meeting the challenge. ried in 1996; two children from his first students—including the 6 million with ‘‘The reporting system is a shambles,’’ said marriage, Kathy Caldwell of disabilities—receive quality services in James Wendorf, executive director of the Na- Longmont, CO, and Donald G. ‘‘Chip’’ our Nation’s public schools. This body tional Center for Learning Disabilities. Brotzman Jr. of Carbondale, CO; a step- has worked hard to reauthorize the Without full disclosure, Mr. Wendorf said, IDEA because we continue to believe parents have no handy way of knowing what son, Robert Higgins of Philippi, WV; a kinds of services schools are providing each brother; and six grandchildren. strongly in the notion that every child with special needs has the right to a day and how the schools, as a whole, measure We will miss this good man, Don up. ‘‘It’s like flying a plane without instru- Brotzman. I ask my colleagues to join free, appropriate, public education. The ments,’’ he said. ‘‘How does a parent know me and all Americans in honoring spirit and the letter of the No Child where the plane is expected to land if they World War II veteran and Congressman Left Behind Act builds on that prom- don’t have that kind of information?’’ Donald G. Brotzman. ise, and it is my hope that with better Federal officials say that aside from the 10 implementation, it will be realized. or so states not fully reporting scores on f I ask unanimous consent that the achievement tests tailored to disabled stu- New York Times article be printed in dents, most have made great strides to sat- IMPLEMENTATION OF ACCOUNT- isfy the complex new law, but they say they ABILITY PROVISIONS FOR STU- the RECORD. are monitoring to see that states follow DENTS WITH SPECIAL NEEDS There being no objection, the fol- through. Under the law, schools must report lowing material was ordered to be Mrs. CLINTON. Mr. President, I rise on the test scores of disabled children to printed in the RECORD, as follows: show they are making adequate progress to- to bring an important matter to the at- [From the New York Times, Aug. 30, 2004] ward proficiency in reading and math by tention of my colleagues. As we all 2014. The states are left to determine what is SCHOOL ACHIEVEMENT REPORTS OFTEN know, the No Child Left Behind Act, proficient. Eugene W. Hickok, the under sec- EXCLUDE THE DISABLED NCLB, requires an important shift in retary of education, acknowledged that accountability for our Nation’s public (By Diana Jean Schemo) many schools that exclusively serve disabled schools. It requires our schools to look The first time Tyler Brenneise, a 10-year- children were not issuing report cards. But at the achievement of all students, in- old who is autistic and mildly retarded, took he said that in such cases, the test scores of cluding students in several tradition- the same state achievement tests as Califor- children in those schools were instead re- nia’s nondisabled children, his mother, Alli- ported at the school district level and, if not ally under-performing subgroups such son, anxiously awaited the results, along there, at the state level. as students with special needs. with the state report card on his special edu- ‘‘Every child is part of an accountability Our goal in passing this law was to cation school, the Del Sol Academy, in San system,’’ Mr. Hickok said. ‘‘That doesn’t make sure that no child was left behind Diego. But when the California Department mean there aren’t people who are trying to

VerDate Aug 04 2004 00:49 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G20SE6.027 S20PT1 September 20, 2004 CONGRESSIONAL RECORD — SENATE S9379 find ways to get around the law.’’ State offi- tributing disabled children’s performance to Ms. Alpert, the lawyer, contends that the cials deny any effort to shortchange disabled their home districts, as Ohio does. reticence to report school results is too per- students. Rather, many say they were over- ‘‘We think districts have to remain ac- vasive to be accidental, and said the infor- whelmed by the new law and could not ini- countable for whether or not those children mation being withheld was crucial for par- tially meet some of its more cumbersome re- are served,’’ Dr. Chester said. ‘‘So districts ents and advocates. porting provisions. can’t just make the decisions to farm kids Several years ago, she represented a boy In some states, like New York, officials out and wash their hands of their progress.’’ with attention deficit disorder and learning said that local and statewide systems did not Officials in Colorado, Maine and New Mex- disabilities whom the city wanted to place in meet the federal law’s demands and that ico said they would release the breakdown of one of the special education district schools. they had not entirely worked out the con- scores of disabled students on standardized The boy was talented in math, and his par- flicts. New York officials pledged to correct tests in the coming months. In Colorado, of- ents believed that with extra support, he the problems but also expressed misgivings ficials said they had just begun reporting could earn a Regents diploma at a regular about the value of report cards for some scores on the special tests tailored to the high school, she said. schools. disabled, while Delaware said it had been re- Using online school report cards that Particularly in the city’s special education porting such scores, but not in the way the showed its reading scores had fallen 20 per- district, said Lori Mei, executive director of federal law requires. Both said they were centile points in three years, while math the division of accountability for the city’s now complying with the requirement. scores stagnated, Ms. Alpert refuted claims In Michigan, Ed Roeber, the director for public schools, ‘‘you really can’t have a that the school offered any ‘‘foreseeable ben- assessment and accountability, said school cookie-cutter approach.’’ Ms. Mei added, ‘‘it efit’’ for her client. report cards did not detail performance by may be that we have to have different kinds ‘‘We won the hearing,’’ Ms. Alpert said. particular groups like disabled students be- of outcome measures that are not really Within a year, she added, the cumulative cause it ‘‘would be confusing to people.’’ scores disappeared from the city’s school re- tests.’’ Michigan grades schools based on 11 indica- To close the achievement gap, the federal port cards. tors, only one of which is test scores for the law requires schools to report test scores ‘‘That’s what score and graduation-dropout school as a whole. But reporting on separate information does for parents of kids with dis- separately for various groups of students, in- groups of students would be ‘‘misleading,’’ he cluding African-Americans, Latinos, immi- abilities,’’ she said, ‘‘and that’s why school, said, because test scores were unreliable in- district,’’ regional programs and state edu- grants and low-income and disabled children. dicators at that level. ‘‘To me, that’s a cation officials ‘‘don’t want to publish it.’’ Schools must show sufficient progress by major fault with the No Child Left Behind f each of these groups or face steadily tougher Act,’’ Mr. Roeber added. consequences that can ultimately include Ms. Brenneise, who is the chairwoman of a LOCAL LAW ENFORCEMENT ACT closing. special education advisory committee to the OF 2003 But states are skirting the law in a range San Diego Board of Education, said many of ways. About a dozen have raised the min- schools were reluctant to honestly disclose Mr. SMITH. Mr. President, I rise imum number of disabled students that must their record in educating disabled students, today to speak about the need for hate be enrolled before the school has to report on believing that these students by definition crimes legislation. On May 1, 2003, Sen- their progress as a separate group. In Maine, cannot reach the same academic heights as ator KENNEDY and I introduced the school report cards, available on the state’s other students, and thus will always drag Web site, do not break down test scores for Local Law Enforcement Enhancement down the school as a whole. Aside from dis- Act, a bill that would add new cat- groups like disabled students or report the covering that no report card existed for her percentage that took the exams. Nor do they son’s school, she said that she never offi- egories to current hate crimes law, in New Mexico, Colorado or Arkansas, while cially received his test results. Eventually, sending a signal that violence of any in Michigan, report cards say only whether Ms. Brenneise said, she filed a formal records kind is unacceptable in our society. particular groups, like disabled students, request and a district employee gave her a On July 16, a 32-year-old man in Aus- met targets for proficiency and 95 percent slip of paper on which she had written what tin, TX, went to Oilcan Harry’s, a pop- participation in exams. she said were the son’s test scores. Ms. ular gay bar. Four men accompanied About 10 states, including Missouri, Utah, Brenneise is now home schooling her son. the man home when the bar closed, and Delaware, Colorado and Hawaii, have failed But much sidestepping of the law appears to properly report the scores of disabled chil- independent of the intellectual disability in- once there, broke a glass over the vic- dren on the special achievement tests and volved. In Ohio, as in New York, Oregon and tim’s head. The four men then ripped are receiving federal money under ‘‘special many other states, public schools for the off his clothes, beating and kicking conditions’’ obligating them to do so in the deaf and the blind issue no reports on how him. They also tried choking him with future, federal officials say. well their students are performing. Ohio offi- a cord cut from his vacuum cleaner. Most states are not issuing public report cials acknowledge that deafness and blind- The assailants allegedly forced the vic- ness do not typically imply lower intel- cards on special education schools. Like tim to sodomize himself with an object California, states generally contend that ligence, and said they would release report these are not schools, but programs, and cards for these schools next year. at knifepoint while they used homo- thus are exempt from the federal law, an ar- In New York, state education officials ac- sexual slurs. After the attackers left, gument largely accepted by officials in knowledged that the city’s special education the police were called and the victim Washington. In California, the determina- district was not fully reporting on student taken to a local hospital. tion of what is a program and not a school achievement. Many of the district’s schools I believe that the Government’s first can be made at the local level, but it is often exclude more than half their students from the state’s standardized tests and do not re- duty is to defend its citizens, to defend made by states or a consortium of school dis- port how they do on the special achievement them against the harms that come out tricts. of hate. The Local Law Enforcement As a result, the scores for students attend- tests. Nor do they report how many graduate or drop out. Enhancement Act is a symbol that can ing special education schools are frequently Though Albany issues report cards for mixed in with the larger pool of scores of dis- become substance. I believe that by many schools, state officials said District 75 passing this legislation and changing abled students from throughout the dis- preferred to report its performance to the tricts, making it impossible for parents to public in a report card of its own design. current law, we can change hearts and get a snapshot of achievement at the institu- ‘‘Clearly, it was less than perfect, but I minds as well. tion their children actually attend each day, don’t think it was intentional,’’ said Martha f and for taxpayers to judge their effective- P. Musser, director of information reporting ness. services for the State Education Depart- OPENING OF THE NATIONAL MU- Dee Alpert, a lawyer who has researched ment. ‘‘New York City never had to deal SEUM OF THE AMERICAN INDIAN the issue extensively for her newsletter, The with these accountability issues for District Mr. DOMENICI. Mr. President, I Special Education Muckraker, said that par- 75 before.’’ Ms. Musser added that the state ents of children who must attend special want to bring due attention to the had ordered District 75 to improve its public Smithsonian Institution’s newest mu- education schools, usually those with severe disclosure. disabilities, must ‘‘go through 97 different The failure to report leaves parents like seum on the National Mall in Wash- steps’’ to get information that is readily Martin Schwartzman of Queens to make de- ington. The National Museum of the available to parents of normal children. cisions in a vacuum. The state recently or- American Indian celebrates its grand ‘‘Being the parent of a kid with a disability dered Mr. Schwartzman’s 11–year old son, opening tomorrow. is tough enough,’’ said Ms. Alpert, whose son Robby, who is autistic, to leave the private This new museum is a wonderful was in special education. ‘‘Trying to be an school he had attended at taxpayer expense place, and its collection has been a informed involved parent of a kid with a dis- since first grade and return to public school, long time coming. It is a beautiful and ability is tougher, by far.’’ along with 75 classmates. But Mitchell Chester, the assistant super- ‘‘How can I get a measure of what’s out suitable home for honoring centuries of intendent for policy and accountability in there when there’s so little data available for American Indian history and their con- Ohio, said there were sound reasons for at- District 75?’’ Mr. Schwartzman asked. tributions to our Nation today. Never

VerDate Aug 04 2004 00:49 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.047 S20PT1 S9380 CONGRESSIONAL RECORD — SENATE September 20, 2004 before has such an American Indian ex- SUBMITTING CHANGES TO 302(a) this disease so that we can bring about hibit been done on this scale. ALLOCATIONS effective treatments and preventive Congress passed the Smithsonian Na- Mr. NICKLES. Mr. President, section measures, and so that we can provide tional Museum of the American Indian 312 of S. Con. Res. 95, the Concurrent relief to those who care for individuals charter in 1989, but for such a grand en- Resolution on the Budget for Fiscal with Alzheimer’s. deavor, much planning, coordination, Year 2005, as given effect by section Alzheimer’s not only affects our Na- and attention to detail is most appro- 14007(b)(2) of Public Law 108–287, per- tion’s physical health, it also nega- priate. mits the Chairman of the Senate Budg- tively impacts family resources and All who have collaborated on this our country’s overall economic health. project have done so in an effort to pro- et Committee to make adjustments to the appropriate allocations and other According to the Alzheimer’s Associa- mote and celebrate a deeper under- tion, our country spends over $100 bil- standing of the diversity of the Amer- budgetary levels when certain condi- tions relating to wildland fire suppres- lion annually in direct and indirect ican Indian people and to celebrate costs on caring for those with Alz- their rich culture and storied history. sion are met. These conditions having been met, I heimer’s. The exhibits will include ancient arti- As our population ages, more and facts and will eloquently display the ask unanimous consent to have a table printed in the RECORD which reflects more Americans will suffer from this talented work of modern Indian artists terrible disease. It is urgent that we in a skillfully assembled setting. the revised 302(a) allocations to the Senate Appropriations Committee. The bring more resources to bear to find ef- There are numerous tribes in my fective treatments and, most of all, to home State of New Mexico. Those of us revised allocations for discretionary budget authority and outlays are the find a cure. In recent years, medical re- who reside in the Southwest are famil- searchers have made critical strides in iar with the tribes and their people, appropriate levels to be used for en- Alzheimer’s research. I believe that we but many are not. While each share forcement during consideration of the need to continue to make biomedical many common traditions and customs, fiscal year 2005 appropriations bills. research into Alzheimer’s a national it is important to note that each is a There being no objection, the mate- priority, and because of this I support distinct entity of individuals who rial was ordered to be printed in the the efforts of Senators MIKULSKI and maintain unique identities. RECORD, as follows: Indian lands in New Mexico are full BOND to provide $1.4 billion in Federal of fascinating cultures, extraordinary ADJUSTMENTS TO FY 2005 302(a) ALLOCATIONS TO THE funding for Alzheimer’s research. I landscapes, captivating ruins, and a SENATE APPROPRIATIONS COMMITTEE FOR WILDLAND have long advocated for more resources broad array of handmade arts and FIRE SUPPRESSION both for research into Alzheimer’s and crafts by the Pueblo, Navajo and [$ in millions] to help those who care for loved ones Apache people who are rightfully proud afflicted with the disease. I support S. Initial al- Adjust- New allo- 2533, the Ronald Reagan Alzheimer’s of their legacies and strong traditions. Category location ment cation Several New Mexicans have been Breakthrough Act, not only because it Discretionary ...... BA ...... 821,419 500 821,919 provides those resources, but because it working closely in the project’s plan- OT ...... 905,328 250 905,578 ning and design. I would like to espe- Mandatory ...... BA ...... 460,008 ...... 460,008 provides hope to families that someday cially note Santa Fe weaver Ramona OT ...... 445,525 ...... 445,525 we will bring an end to this debili- tating disease. Sakiestewa, Donna House of Acalde, f and Duane Blue Spruce of Laguna and The research currently being con- San Juan pueblos. APOLOGY TO THE BOSTON GLOBE ducted at the National Institutes of Ramona Sakiestewa has been in- Mr. BENNETT. Mr. President, last Health holds much promise for identi- volved with the project development week, on the floor of the U.S. Senate, I fying potential treatments and eventu- since 1994, collaborating with a team of spoke about the forged documents that ally, I hope, a cure for Alzheimer’s. architects and designers as the lead in- have recently surfaced regarding the However we will not make the progress terior designer for museum. Donna National Guard service of President necessary to truly make breakthroughs House coordinated much of the land- George W. Bush. In that speech, I with Alzheimer’s unless we provide suf- scape, and Duane Blue Spruce served as linked the Boston Globe with CBS ficient Federal funding for the research facilities manager for the entire en- News and described both organizations underway at NIH. deavor. There are others from my home as having been duped by the forgery. As a strong proponent of fiscal dis- State who had a hand in the museum, I was in error as far as the Boston cipline, I understand the current con- but these three deserve special recogni- Globe is concerned. Not only were they straints on the Federal budget. How- tion. And as the years go on, New Mex- not duped by the forgery, they have ever, I believe that providing resources ico tribes and pueblos will add to the been diligent in reporting the discrep- to increase our Federal investment in ongoing exhibits and programs to be of- ancies in the documents. Accordingly, I Alzheimer’s research and to offer care- fered at the National Museum of the apologize to the staff at the Globe for giver support are critical budget prior- American Indian. my misstatement. ities. It is my sincere hope that Con- Museum officials spent years con- The responsibility for the error is en- gress passes the Ronald Reagan Alz- sulting with representatives of Indian tirely my own. I relied on stories I heimer’s Breakthrough Act before this tribes from throughout the Western heard or read which linked the Globe session of Congress is over. hemisphere. Because of their vision and f creativity, the museum will forever to CBS on this topic. I did not have my tell the story of American Indians— staff check the details before I made ADDITIONAL STATEMENTS their trials, tribulations, triumphs and my speech. I should have known better, successes. I laud their countless hours and will do all I can to make sure I do NORTH DAKOTA STOCKMEN’S of work and tireless efforts. not repeat such an error in the future. ASSOCIATION I look forward to sharing the pride of f the American Indian people as they ∑ Mr. DORGAN. Mr. President, later begin their opening ceremonies with a ALZHEIMER’S DISEASE this month, the North Dakota Stock- procession of the Nation’s native peo- Mr. FEINGOLD. Mr. President, I men’s Association will hold its Dia- ples. I hope all will take time to visit would like to call attention to a dis- mond Anniversary Convention in the museum, walk its corridors, and ease that currently affects the memo- Medora, ND. I would like to recognize view the priceless treasures that reveal ries and functioning capacity of almost this organization, which has served our stories filled with the rich history of five million Americans, and that is Alz- State’s ranchers and cattle producers this diverse group. The museum is a heimer’s disease. for the past 75 years. culmination of years of planning and In the next 50 years, it is estimated On June 6, 1929, a group of cattle pro- dedication. To those who have worked that over 16 million Americans will be ducers gathered in Watford City, ND. so hard to make it possible, I give my diagnosed with Alzheimer’s. I believe The men all grazed cattle on the Fort highest praise for a ‘‘job well done.’’ that we need to do more to understand Berthold Indian Reservation and they

VerDate Aug 04 2004 01:49 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G20SE6.024 S20PT1 September 20, 2004 CONGRESSIONAL RECORD — SENATE S9381 all had a problem with cattle rustling. many pioneering and leadership roles array. Budget shortfalls and the clo- Andrew Johnson, a Watford area she has assumed in her community. sure of three major service providers cattleman, was determined to do some- Born in an era when adequate public were preventing county residents from thing about it. He established a reward education for African-American chil- accessing care, often with tragic con- of $1,000 for information leading to the dren was not provided, Mrs. Carter was sequences. Because the system’s clients arrest and conviction of cattle rustlers. fortunate to receive an education from are primarily low income, this public The men at the meeting contributed $5 her grandfather. In her professional crisis became a personal crisis for indi- each to start that fund. and personal pursuits, Mrs. Carter has viduals with no other options. This group called themselves the always worked to provide others with In response, Cascadia and its part- Western North Dakota Stock Associa- the immensely important and empow- ners reorganized the county’s mental tion. They would later change their ering opportunities afforded her health care system, bringing quality, name to the Western North Dakota through education. She capped this efficient services to many citizens in Stockmen’s Association, and finally service with 16 years as a member of need. Employing new tools such as a they took the name they hold today; the Rialto Board of Education. mobile response unit, 24-hour walk-in the North Dakota Stockmen’s Associa- Mrs. Carter also served for 23 years clinic, their creative response dramati- tion. as district director for the late, much cally increased options for those in This year the North Dakota Stock- revered United States Congressman need. As a result, there has been a re- men’s Association is celebrating its George Brown, Jr. There, she carried duction in the hospitalization rate of 75th year of operation, and that $1,000 out Congressman BROWN’s directive adult mentally ill patients in the past reward still stands. that everyone receive careful attention year, easing the strain on county and Today the North Dakota Stockmen’s and compassionate service. State funds. Further, the new organiza- Association has more than 2,700 mem- Mrs. Carter used her scholarship and tion has saved more than $5 million in bers from across the State. From edu- expertise to guide educational policy the last 3 years, while helping some of cation efforts that help new ranchers and curriculum in her community and the neediest residents access care. get a start in the cattle industry to beyond. Under her leadership, a school Now, the system works. For people brand registration and enforcement of career education venture of the Na- like Ann, an Asian-American teenager the State’s livestock laws, the Stock- tional Council of Negro Women, Inc. who began hearing voices in high men’s Association plays an important and the United States Department of school, access to services literally role in all aspects of the ranching in- Labor became a nationwide model for saved her life. The daughter of immi- dustry. And, as those of us in elected high school career development pro- grants, Ann’s family did not under- office know, the North Dakota Stock- grams. stand her mental illness, which was men’s Association is a strong, effective In her service to the Rialto Unified later diagnosed as schizophrenia. As voice on behalf of its members. School District, Mrs. Carter became her condition worsened, Ann’s anxiety In addition to serving its members, the first African-American member of and suicidal thoughts increased. Even- the North Dakota Stockmen’s Associa- the Rialto Board of Education in 1983 tually, she wound up in the State hos- tion plays an important role in the and served until 1999. Throughout her pital. communities in which its members tenure on the board of education, Mrs. Ann was referred to Cascadia Behav- live. The association worked with Carter sought to make education a val- ioral Health center where she was other members of the beef industry in ued community endeavor, helping both treated by a psychiatrist for medica- North Dakota to host a Beef Industry young people and parents navigate the tion management and a trainer to help Appreciation Day during the 2004 North school system to optimize positive out- her understand her diagnosis and de- Dakota State Fair. The association comes. She has been an inspiring force velop coping skills. A Cascadia family served free beef dinners to active duty in ensuring that our Nation’s future therapist, working with a cultural spe- military, Reserve, and National Guard leaders have the tools they need to cialist, is helping Ann and her family members, and their families. The asso- achieve their dreams. adjust to her diagnosed paranoid schiz- ciation offers college scholarships to The dedication of this school reflects ophrenia. She will receive additional young people who are interested in the impact of a woman who has pro- case management and help so she can studying animal or range science, vided an outstanding model of deter- graduate high school. preveterinary medicine, farm and mination and service. I am confident For people like Ann, the availability ranch management, and other subjects that, true to Mrs. Carter’s life work, of mental health care is absolutely cru- that help maintain a healthy farm this school’s name will serve as a con- cial. But for the courage of Cascadia economy. stant reminder to the students who and its county partners, Ann and oth- I thank the North Dakota Stock- pass through its doors of their im- ers like her may not have found the men’s Association for their hard work. mense potential to achieve and effect care they need to live stable, produc- I wish them continued success and con- positive change in their local and na- tive and rewarding lives. Because of gratulate them on their 75th anniver- tional communities. And knowing Mrs. the valuable services they provide, I sary.∑ Carter’s penchant for hands on involve- recognize Cascadia Behavioral f ment, it would not surprise me to see HealthCare and its partners as true her at the school, working to instill HONORING WILMER AMINA health care heroes. I look forward to those values in its students. It is with ∑ CARTER following their continued success. great pleasure that I congratulate Mrs. ∑ Mrs. BOXER. Mr. President, I rise Wilmer Amina Carter on this much-de- f today to recognize the tremendous pub- ∑ served recognition. MARINE CORPS AIR STATION lic service of Wilmer Amina Carter. f Mrs. Carter has long served as a leader, MIRAMAR: TOP MARINE CORPS mentor and an advocate for children in OREGON HEALTH CARE HERO INSTALLATION San Bernardino County. For her long- ∑ Mr. SMITH. Mr. President, I wish to ∑ Mrs. BOXER. Mr. President, I rise standing personal commitment to her rise today to recognize a group of dedi- today to honor the men and women of community and to the academic cated public servants who are increas- the Marine Corps Air Station Miramar achievement of young people, the city ing access to mental health care for which was recently recognized as the of Rialto’s third high school will be people in Multnomah County, OR. Be- 2004 Commander-in-Chief’s Top Marine named Wilmer Amina Carter High cause of their willingness to creatively Corps Installation. School in her honor. address barriers to care, Cascadia Be- Annually, one military installation The Wilmer Amina Carter High havioral HealthCare and its county from each service receives the award School is the first high school in the partners are helping Oregonians lead for outstanding achievement in areas Inland Empire to be named after a liv- healthier lives. including mission support, family serv- ing African-American woman. Mrs. Three years ago, Multnomah Coun- ices, environmental stewardship, and Carter earned this honor through the ty’s mental health services were in dis- quality-of-life programs.

VerDate Aug 04 2004 01:49 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.022 S20PT1 S9382 CONGRESSIONAL RECORD — SENATE September 20, 2004 Marine Corps Air Station Miramar in These honorees spend more than 50 HONORING COLONEL ART WHITE, San Diego consistently excels as a sup- percent of their time at work in direct, USMC portive, productive, and contributing personal involvement with their cli- ∑ Mr. MILLER. Mr. President, as a vet- member of the community. Miramar ents. They are not primarily managers eran Marine and friend, I rise today to hosts and supports many events that or supervisors. They are direct service pay tribute to COL Art White, who will integrate the San Diego community workers at the forefront of America’s complete his 3-year tour of duty with into the work of the base. It stages the effort to care for people with special the United States Marine Corps’ Office largest military air show in the United needs. They go to work every day with of Legislative Affairs on December 1, States, has Cockpit Days at the Flying little recognition, providing much 2004. I have had the pleasure to work Leatherneck Museum which hosts needed and greatly valued care and as- with Colonel White on many occasions. 16,000 visitors annually, bimonthly sistance. In his role as the director of the Marine tours which give community members It is my honor and privilege to recog- Corps’ Senate Liaison Office, he has a chance to become familiar with the nize the Illinois recipients of AAMR’s provided tremendous support while act- Marine Corps, as well as Educators’ 2004 Direct Service Professional Award: ing as the principal conduit for infor- Workshops, Community Leaders’ Fo- Mary Alimi-Seiwart, Patricia mation between the Marine Corps and rums, and it provides color guards at Baldridge, Linda Christianson, Willie many Members of this eminent body. local events. Mae Clinton, Avis Ganter, Ruth Just, His affable personality and attention Integral to the most powerful con- Linda Koch, Patricia Matuske, to duty contributed to a highly suc- centration of Navy bases in the Nation, Harshida Mody, Barbara Purches, Mark cessful relationship between the U.S. Senate and the U.S. Marine Corps. His Miramar is responsible for supporting Rodgers, Dwight Sanders, Chris Shell, dedication to the Members of the combat-ready expeditionary aviation Marie Sonnan, Linda Sweeney, Marla United States Senate will be sorely forces capable of worldwide, short-no- Tegtmeyer, Clarence Woods, and Kim missed. tice deployment as part of a Marine Wren. Corps Air-Ground Task Force. Miramar Art White was born and raised in is the home of Third Marine Aircraft I know my fellow Senators will join Westchester, NY. After high school in Wing Headquarters, Marine Corps Air me in congratulating the winners of New York, he attended Georgetown Bases Western Area and Reserve Sup- the 2004 Direct Service Professional University, where he also played bas- port Unit and more than 10,000 Ma- Award. I applaud their dedication and ketball for the Hoyas, graduating in rines, Sailors, and civilian Marines. thank them for their service.∑ 1976. In 1977, Colonel White received a Miramar’s Marines continue to sig- commission as a second lieutenant in nificantly contribute to Operations En- f the U.S. Marine Corps and subse- during Freedom and Iraqi Freedom. quently reported to Quantico, VA, to While friends and family members are WILLIAMS CHARTER TOWNSHIP take on the challenge of becoming a serving abroad, Operation Enduring marine officer. During his subsequent Families, a support network for fami- ∑ Mr. LEVIN. Mr. President, I would 27-year career in the Marine Corps that lies of deployed service members, oper- like to take this opportunity to join in included both active and reserve duty, ates on the base. Miramar’s dedication celebrating the 150th anniversary of Art served as an infantry officer, aide de camp to the assistant division com- to defending our country while enhanc- Williams Charter Township. Located in mander of the 1st Marine Division, a ing quality of life for its service mem- the heart of Michigan, this rural town- communications officer, a civil affairs bers and broader community is evident ship is a close-knit community that re- officer, a counterintelligence officer, as the Marines contribute to the San flects much of the best America has to offer. and a reserve mobilization officer. Diego community as speakers, teach- In 1980, Colonel White left active ers, mentors, and sport coaches. John Gaffney, Charles Bradford, Wil- duty and transitioned to the Marine Miramar achieves excellence in envi- liam Spafford, Charles Fitch, George Corps Reserve. He then attended the ronmental standards, innovation, safe- W. Smock, and Lyman Brianard were Seattle University School of Law, ty, efficiency, and a dedication to the first to arrive in 1854 on the land graduating in 1983, and began a long, teamwork, honesty, and integrity. that officially became Williams Char- distinguished career in public service. Their exemplary service continues to ter Township. The area’s waterways He served as a professional staff mem- lead the Nation and to innovate for the and roads soon became an essential ber for the Republican Policy Com- next generation. It is with great pleas- route of transportation for travelers in mittee chaired by our former colleague ure that I congratulate Miramar and the region. The fertile soil led to the from the great State of Texas, Senator the women and men who support it for establishment of many farms, which John Tower; as a staff member in the their receipt of the 2004 Commander-in- are providing harvests over a century U.S. House of Representatives; as the Chief’s Installation Excellence Award.∑ later. The earliest settlers saw this director of legislative affairs for the f land as an ideal place to begin their U.S. Patent and Trademark Office in AMERICAN ASSOCIATION ON MEN- new lives, and by doing so, built a the Commerce Department; and as the TAL RETARDATION AWARD WIN- strong foundation for the generations deputy assistant director for legisla- tive affairs for the Administrative Of- NERS that have followed. The sesquicentennial festivities of fice of the U.S. Courts. ∑ Mr. DURBIN. Mr. President, I am In December, 2001, Colonel White was Williams Charter Township took place pleased today to join the Illinois chap- ordered to active duty to serve as the this past weekend, and its residents ter of the American Association on director of the Marine Corps’ Liaison and their families and friends came to- Mental Retardation, AAMR, in recog- office in the Senate. Since that time, gether to commemorate the land’s rich nizing the recipients of the 2004 Direct he has been a key player in maintain- history and to celebrate the continued Service Professional Award. These in- ing effective relationships between the growth of this wonderful community. dividuals are being honored for their Marine Corps, my colleagues in the outstanding efforts to enrich the lives The occasion was marked with many Senate, professional committee staff, of people with developmental disabil- memorable activities, including living and personal staff members. In par- ities in Illinois. historical re-enactments and an awards ticular, he responded to thousands of These recipients have displayed a ceremony to honor some of the town- congressional inquiries, ranging from strong sense of humanity and profes- ship’s most outstanding citizens. such sensitive issues as notification of sionalism in their work with persons I know my Senate colleagues will combat casualties during Operations with disabilities. Their efforts have in- join me in congratulating the residents Enduring Freedom and Iraqi Freedom, spired the lives of those for whom they of Williams Charter Township on this to providing timely information on the care, and they are an inspiration to me important milestone. I am proud to operation, organization and budget of as well. They have set a fine example of represent this township and wish them the Marine Corps. He also planned and community service for all Americans many more years of success and happi- executed approximately 33 inter- to follow. ness.∑ national congressional delegations. I

VerDate Aug 04 2004 00:49 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\G20SE6.022 S20PT1 September 20, 2004 CONGRESSIONAL RECORD — SENATE S9383 had the pleasure of traveling on several 12543 of January 7, 1986, and revokes tivities involving statewide youth suicide of these congressional delegations with that Executive Order, Executive Order early intervention and prevention strategies, Colonel White and was greatly im- 12544 of January 8, 1986, Executive to authorize grants to institutions of higher pressed with his service to the Mem- Order 12801 of April 15, 1992, and Execu- education to reduce student mental and be- havioral health problems, and for other pur- bers of the Senate. His strong acumen tive Order 12538 of November 15, 1985. I poses. for social interaction carried over into have determined that the situation Colonel White’s ability to represent his that gave rise to this national emer- f service at numerous Marine Corps and gency has been significantly altered by ENROLLED BILLS SIGNED DURING Joint Service social events on Capitol Libya’s commitments and actions to ADJOURNMENT Hill. Among others, these events in- eliminate its weapons of mass destruc- The following enrolled bills, pre- cluded the Marine Corps Birthday Com- tion programs and its Missile Tech- viously signed by the Speaker of the memoration, the Joint Services Recep- nology Control Regime (MTCR) -class House, were signed on September 16, tion, and several Marine Corps fall and missiles, and by other developments. 2004, by the President pro tempore (Mr. spring receptions—all important events Executive Order 12543 of January 7, STEVENS). that enabled me and my Senate col- 1986, imposed sanctions on Libya in re- leagues to maintain relationships with sponse to policies and actions of the S. 1576. An act to revise the boundary of Harpers Ferry National Historical Park, and the Marine Corps’ senior leadership. Government of Libya that constituted for other purposes. His efforts throughout this period not an unusual and extraordinary threat to H.R. 361. An act to designate certain con- only communicated the commandant’s the national security and foreign pol- duct by sports agents relating to the signing message to the U.S. Senate, but also icy of the United States. Those sanc- of contracts with student athletes as unfair upheld the Marine Corps’ positive tions were modified in Executive Order and deceptive acts or practices to be regu- image and professional reputation on 12544 of January 8, 1986, Executive lated by the Federal Trade Commission. Capitol Hill. Order 12801 of April 15, 1992, and supple- H.R. 3908. An act to provide for the convey- On behalf of the Senate, I thank mented Executive Order 12548 of No- ance of the real property located at 1081 West Main Street in Ravenna, Ohio. Colonel White for his service to the Na- vember 15, 1985. H.R. 5008. An act to provide an additional tion and the U.S. Marine Corps, and I Based on Libya’s recent commit- temporary extension of programs under the thank his wife, Katherine Ann, and his ments and actions to implement its De- Small Business Act and the Small Business daughter, Mary Rose, for their stead- cember 19, 2003, commitment to elimi- Investment Act of 1958 through September fast support while he fulfilled this es- nate its weapons of mass destruction 30, 2004, and for other purposes. sential duty. We in the U.S. Senate, programs and its MTCR-class missiles, f and I personally, wish them all the best and other developments, I have deter- as Colonel White returns to his civilian mined that the situation that gave rise ENROLLED BILL PRESENTED career and tackles new challenges.∑ to the national emergency declared in DURING ADJOURNMENT f Executive Order 12543 has been signifi- The Secretary of the Senate reported cantly altered. My order, therefore, that on September 16, 2004, she had pre- MESSAGES FROM THE PRESIDENT terminates that national emergency sented to the President of the United Messages from the President of the with respect to Libya and revokes Ex- States the following enrolled bill: United States were communicated to ecutive Orders 12543, 12544, and 12801, S. 1576. An Act to revise the boundary of the Senate by Ms. Evans, one of his and lifts the trade, commercial, and Harpers Ferry National Historical Park, and secretaries. travel sanctions imposed against Libya for other purposes. based on that national emergency. The f f order also revokes Executive Order EXECUTIVE MESSAGES REFERRED 12538, which blocked the import of pe- EXECUTIVE AND OTHER COMMUNICATIONS As in executive session the Presiding troleum products refined in Libya into Officer laid before the Senate messages the United States. The following communications were from the President of the United While the order formally lifts sanc- laid before the Senate, together with States submitting sundry nominations tions under the national emergency accompanying papers, reports, and doc- which were referred to the appropriate with respect to Libya, it will not lift a uments, and were referred as indicated: committees. wide variety of other sanctions im- EC–9282. A communication from the Con- (The nominations received today are posed on Libya due to its designation gressional Review Coordinator, Animal and printed at the end of the Senate pro- as a state sponsor of terrorism under Plant Health Inspection Service, Department ceedings.) section 620A of the Foreign Assistance of Agriculture, transmitting, pursuant to Act (restriction on arms exports), and law, the report of a rule entitled ‘‘Pine Shoot f section 6(j) of the Export Administra- Beetle; Additions to Quarantined Areas’’ (Doc. No. 04–036–2) received on September 14, EXECUTIVE ORDER THAT TERMI- tion Act of 1979 (restriction on exports 2004; to the Committee on Agriculture, Nu- NATES THE EMERGENCY DE- of certain items on the Commodity trition, and Forestry. CLARED IN EXECUTIVE ORDER Control List), as well as other statu- EC–9283. A communication from the Ad- 12543 WITH RESPECT TO THE tory restrictions applicable to Libya. ministrator, Agricultural Marketing Serv- POLICIES AND ACTIONS OF THE I have enclosed a copy of the order, ice, Department of Agriculture, transmit- GOVERNMENT OF LIBYA AND which is effective at 12:01 a.m. eastern ting, pursuant to law, the report of a rule en- REVOKES RELATED EXECUTIVE daylight time on September 21, 2004. titled ‘‘Nectarines and Peaches Grown in California; Revision of Reporting Require- ORDERS—PM 94 GEORGE W. BUSH. ments for Fresh Nectarines and Peaches’’ THE WHITE HOUSE, September 20, 2004. The PRESIDING OFFICER laid be- (Doc. No. FV04–916/917–03) received on Sep- fore the Senate the following message f tember 14, 2004; to the Committee on Agri- from the President of the United MESSAGE FROM THE HOUSE culture, Nutrition, and Forestry. States, together with an accompanying DURING ADJOURNMENT EC–9284. A communication from the Ad- report; which was referred to the Com- ministrator, Agricultural Marketing Serv- Under authority of the order of the ice, Department of Agriculture, transmit- mittee on Banking, Housing, and Senate of January 7, 2003, the Sec- ting, pursuant to law, the report of a rule en- Urban Affairs: retary of the Senate, on September 17, titled ‘‘Livestock Mandatory Reporting: To the Congress of the United States: 2004, during the adjournment of the Amendment to Revise Lamb Reporting Defi- Consistent with subsection 204(b) of Senate, received a message from the nitions’’ (RIN0581–AB98) received on Sep- the International Emergency Eco- House of Representatives announcing tember 14, 2004; to the Committee on Agri- nomic Powers Act, 50 U.S.C. 1703(b) culture, Nutrition, and Forestry. that the Speaker has signed the fol- EC–9285. A communication from the Con- (IEEPA), I hereby report that I have lowing enrolled bill: gressional Review Coordinator, Animal and issued an Executive Order (the S. 2634. An act to amend the Public Health Plant Health Inspection Service, Department ‘‘order’’) that terminates the national Service Act to support the planning, imple- of Agriculture, transmitting, pursuant to emergency declared in Executive Order mentation, and evaluation of organized ac- law, the report of a rule entitled ‘‘Karnal

VerDate Aug 04 2004 01:49 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\G20SE6.018 S20PT1 S9384 CONGRESSIONAL RECORD — SENATE September 20, 2004 Bunt; Regulated Areas’’ (Doc. No. 03–047–2) EC–9297. A communication from the Dep- pursuant to law, the report of a rule entitled received on September 14, 2004; to the Com- uty Secretary of the Treasury, Department ‘‘In the Matter of Amendment of the Com- mittee on Agriculture, Nutrition, and For- of the Treasury, transmitting, pursuant to mission’s Space Station Licensing Rules and estry. law, a semiannual report detailing payments Policies’’ (FCC04–147) received on September EC–9286. A communication from the Con- made to Cuba as a result of the provision of 13, 2004; to the Committee on Commerce, gressional Review Coordinator, Animal and telecommunications services pursuant to De- Science, and Transportation. Plant Health Inspection Service, Department partment specific licenses; to the Committee EC–9308. A communication from the Attor- of Agriculture, transmitting, pursuant to on Banking, Housing, and Urban Affairs. ney, Wireline Competition Bureau, Federal law, the report of a rule entitled ‘‘Oriental EC–9298. A communication from the Assist- Communications Commission, transmitting, Fruit Fly; Removal of Quarantined Areas’’ ant to the Board of Governors of the Federal pursuant to law, the report of a rule entitled (Doc. No. 02–120–3) received on September 14, Reserve System, transmitting, pursuant to ‘‘Section 51.319(a)(3) Fiber-to-the-home 2004; to the Committee on Agriculture, Nu- law, the report of a rule entitled ‘‘Regulation Loops’’ (FCC04–191) received on September trition, and Forestry. Z (Truth in Lending)’’ (Doc. No. 1208) re- 13, 2004; to the Committee on Commerce, EC–9287. A communication from the Dep- ceived on August 26, 2004; to the Committee Science, and Transportation. uty Associate Administrator, Environmental on Banking, Housing, and Urban Affairs. EC–9309. A communication from the Acting Protection Agency, transmitting, pursuant EC–9299. A communication from the Direc- Chief, Wireline Competition Bureau, Federal to law, the report of a rule entitled ‘‘DCPA; tor, Legislative and Regulatory Activities Communications Commission, transmitting, Pesticide Tolerance’’ (FRL#7673–6) received Division, transmitting, pursuant to law, the pursuant to law, the report of a rule entitled on September 6, 2004; to the Committee on report of a rule entitled ‘‘Lending Limits ‘‘In the Matter of Schools and Libraries Uni- Agriculture, Nutrition, and Forestry. Pilot Program’’ (RIN1557–AC83) received on versal Service Support Mechanism’’ (FCC04– EC–9288. A communication from the Dep- August 26, 2004; to the Committee on Bank- 190) received on September 13, 2004; to the uty Associate Administrator, Environmental ing, Housing, and Urban Affairs. Committee on Commerce, Science, and Protection Agency, transmitting, pursuant EC–9300. A communication from the Chief Transportation. to law, the report of a rule entitled Counsel, Bureau of the Public Debt, Office of EC–9310. A communication from the Attor- ‘‘Flumioxazin; Pesticide Tolerances’’ the Under Secretary for Domestic Finance, ney, Wireline Competition Bureau, Federal (FRL#7369–9) received on September 6, 2004; transmitting, pursuant to law, the report of Communications Commission, transmitting, to the Committee on Agriculture, Nutrition, a rule entitled ‘‘Call for Large Position Re- pursuant to law, the report of a rule entitled and Forestry. ports’’ received on August 26, 2004; to the ‘‘Payphone Compensation Obligation’’ EC–9289. A communication from the Dep- Committee on Banking, Housing, and Urban (FCC04–182) received on September 13, 2004; uty Associate Administrator, Environmental Affairs. to the Committee on Commerce, Science, Protection Agency, transmitting, pursuant EC–9301. A communication from the Assist- and Transportation. to law, the report of a rule entitled ‘‘Folpet, ant Secretary, Division of Investment Man- EC–9311. A communication from the Legal Pesticide Tolerance’’ (FRL#7369–1) received agement, Securities and Exchange Commis- Advisor to the Bureau Chief, Broadband Di- on September 6, 2004; to the Committee on sion, transmitting, pursuant to law, the re- vision, Federal Communications Commis- Agriculture, Nutrition, and Forestry. sion, transmitting, pursuant to law, the re- EC–9290. A communication from the Dep- port of a rule entitled ‘‘Disclosure Regarding port of a rule entitled ‘‘Amendment of Parts uty Associate Administrator, Environmental Portfolio Managers of Registered Manage- 1, 21, 73, 74, and 101 of the Commission’s Protection Agency, transmitting, pursuant ment Investment Companies’’ (RIN3235– to law, the report of a rule entitled AJ16) received on August 26, 2004; to the Rules to Facilitate the Provision of Fixed ‘‘Dinotefuran; Pesticide Tolerance’’ Committee on Banking, Housing, and Urban and Mobile Broadband Access, Educational (FRL#7368–1) received on September 6, 2004; Affairs. and Other Advanced Services in the 2150–2162 to the Committee on Agriculture, Nutrition, EC–9302. A communication from the Para- and 2500–2690 KHz’’ (FCC04–135) received on and Forestry. legal Specialist, Federal Aviation Adminis- September 13, 2004; to the Committee on EC–9291. A communication from the Dep- tration, Department of Transportation, Commerce, Science, and Transportation. uty Associate Administrator, Environmental transmitting, pursuant to law, the report of EC–9312. A communication from the Regu- Protection Agency, transmitting, pursuant a rule entitled ‘‘Final Rule: Fuel Tank Safe- latory Officer, Federal Motor Carrier Safety to law, the report of a rule entitled ty Compliance Extension and Aging Airplane Administration, Department of Transpor- ‘‘Thiamethoxam; Pesticide Tolerances for Program Update (Request for Comments) tation, transmitting, pursuant to law, the re- Emergency Exemptions’’ (FRL#7675–1) re- FAA Doc. No. 2004–17681’’ (RIN2120–AI20) re- port of a rule entitled ‘‘FMCSA Regulations; ceived on September 6, 2004; to the Com- ceived on August 26, 2004; to the Committee Waivers, Exemptions, and Pilot Programs’’ mittee on Agriculture, Nutrition, and For- on Commerce, Science, and Transportation. (RIN2126–AA41) received on September 13, estry. EC–9303. A communication from the Regu- 2004; to the Committee on Commerce, EC–9292. A communication from the Dep- lations Officer, Federal Highway Adminis- Science, and Transportation. uty Associate Administrator, Environmental tration, Department of Transportation, EC–9313. A communication from the Regu- Protection Agency, transmitting, pursuant transmitting, pursuant to law, the report of latory Officer, Federal Motor Carrier Safety to law, the report of a rule entitled a rule entitled ‘‘Work Zone Safety and Mo- Administration, Department of Transpor- ‘‘Thifensulfuron Methyl; Pesticide Toler- bility’’ (RIN2125–AE29) received on Sep- tation, transmitting, pursuant to law, the re- ance’’ (FRL#7679–4) received on September 6, tember 14, 2004; to the Committee on Com- port of a rule entitled ‘‘Limitations on the 2004; to the Committee on Agriculture, Nu- merce, Science, and Transportation. Issuance of Commercial Driver’s Licenses trition, and Forestry. EC–9304. A communication from the Senior with a Hazardous Materials Endorsement; EC–9293. A communication from the Dep- Attorney, Research and Special Programs Interim Final Rule; Delay of Compliance uty Associate Administrator, Environmental Administration, Department of Transpor- Date’’ (RIN2126–AA70) received on September Protection Agency, transmitting, pursuant tation, transmitting, pursuant to law, the re- 13, 2004; to the Committee on Commerce, to law, the report of a rule entitled port of a rule entitled ‘‘Hazardous Materials Science, and Transportation. ‘‘Tribenuron Methyl; Pesticide Tolerance’’ Regulations; Comparability with the Regula- EC–9314. A communication from the Para- (FRL#7679–5) received on September 6, 2004; tions of the International Atomic Energy legal Specialist, Federal Aviation Adminis- to the Committee on Agriculture, Nutrition, Agency; Correction; Final Rule’’ (RIN2137– tration, Department of Transportation, and Forestry. AD40) received on September 14, 2004; to the transmitting, pursuant to law, the report of EC–9294. A communication from the Archi- Committee on Commerce, Science, and a rule entitled ‘‘Standard Instrument Ap- tect of the Capitol, transmitting, pursuant Transportation. proach Procedures; Miscellaneous Amend- to law, a report of all expenditures during EC–9305. A communication from the Assist- ments (79) Amendment No. 3102’’ (RIN2120– the period of October 1, 2003 through March ant Secretary for Export Administration, AA65) received on September 13, 2004; to the 31, 2004 from moneys appropriated to the Ar- Bureau of Industry and Security, Depart- Committee on Commerce, Science, and chitect; to the Committee on Appropria- ment of Commerce, transmitting, pursuant Transportation. tions. to law, the report of a rule entitled ‘‘Clari- EC–9315. A communication from the Attor- EC–9295. A communication from the Direc- fication of Export Controls on Military Vehi- ney, Research and Special Programs Admin- tor of Defense Research and Engineering, De- cles and Parts’’ (RIN0694–AC91) received on istration, Department of Transportation, partment of Defense, transmitting, pursuant September 14, 2004; to the Committee on transmitting, pursuant to law, the report of to law, a report on the utilization of the Lab- Commerce, Science, and Transportation. a rule entitled ‘‘Hazardous Materials Regula- oratory Revitalization Demonstration Pro- EC–9306. A communication from the Execu- tions: Minor Editorial Corrections and Clari- gram; to the Committee on Armed Services. tive Director, Consumer Product Safety fications’’ (RIN2137–AD99) received on Sep- EC–9296. A communication from the Prin- Commission, transmitting, pursuant to law, tember 13, 2004; to the Committee on Com- cipal Deputy Under Secretary of Defense for a report relative to the Commission’s com- merce, Science, and Transportation. Policy, Department of Defense, transmit- mercial and inherently governmental activi- EC–9316. A communication from the Attor- ting, pursuant to law, a report relative to ties; to the Committee on Commerce, ney-Advisor, Maritime Administration, De- Progress in Kosovo toward achieving mili- Science, and Transportation. partment of Transportation, transmitting, tarily significant benchmarks during the pe- EC–9307. A communication from the Senior pursuant to law, the report of a rule entitled riod January 1 to June 30, 2004; to the Com- Legal Advisor, International Bureau, Federal ‘‘Trading Restrictions on Vessels Trans- mittee on Armed Services. Communications Commission, transmitting, ferred to a Foreign Registry: Amendment of

VerDate Aug 04 2004 00:49 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.017 S20PT1 September 20, 2004 CONGRESSIONAL RECORD — SENATE S9385 List of Prohibited Countries’’ (RIN2133–AB55) pursuant to law, the report of a rule entitled proval and Promulgation of Air Quality Im- received on September 13, 2004; to the Com- ‘‘Amendment of Section 73.202, Table of Al- plementation Plans; State of Colorado; Den- mittee on Commerce, Science, and Transpor- lotments, FM Broadcast Stations; Amherst, ver Revised Carbon Monoxide Maintenance tation. NY; Berthold, ND; Cordell, OK; Dillsboro, Plan’’ (FRL#7813–3) received on September EC–9317. A communication from the Attor- NC; Hubbardston, MI; Laurie, MO; Madras, 14, 2004; to the Committee on Environment ney-Advisor, Maritime Administration, De- OR; Weatherford, OK; West Tisbury, MA; and and Public Works. partment of Transportation, transmitting, Wynnewood, OK’’ (MB Doc. Nos. 04–113, 114, EC–9334. A communication from the Dep- pursuant to law, the report of a rule entitled 116, 118, 119, 120, 121, 122, 123, 125) received on uty Associate Administrator, Environmental ‘‘Electronic Options for Transmitting Cer- September 13, 2004; to the Committee on Protection Agency, transmitting, pursuant tain Information Collection Responses to Commerce, Science, and Transportation. to law, the report of a rule entitled ‘‘Ap- MARAD’’ (RIN2133–AB64) received on Sep- EC–9326. A communication from the Legal proval and Promulgation of Implementation tember 13, 2004; to the Committee on Com- Advisor to the Chief, Media Bureau, Federal Plans; Kentucky; 1-Hour Ozone Maintenance merce, Science, and Transportation. Communications Commission, transmitting, Plan Update for Lexington Area’’ (FRL#7813– EC–9318. A communication from the Senior pursuant to law, the report of a rule entitled 9) received on September 14, 2004; to the Attorney, Research and Special Programs ‘‘Amendment of Section 73.202, Table of Al- Committee on Environment and Public Administration, Department of Transpor- lotments, FM Broadcast Stations; Jasper, Works. tation, transmitting, pursuant to law, the re- Florida, and Tigerton, Wisconsin’’ (MB Doc. EC–9335. A communication from the Dep- port of a rule entitled ‘‘Hazardous Materials: Nos. 02–274 and 02–275) received on September uty Associate Administrator, Environmental Availability of Information for Hazardous 13, 2004; to the Committee on Commerce, Protection Agency, transmitting, pursuant Materials Transported by Aircraft’’ Science, and Transportation. to law, the report of a rule entitled ‘‘Ap- (RIN2137–AD29) received on September 13, EC–9327. A communication from the Legal proval of Section 112(1) Authority for Haz- 2004; to the Committee on Commerce, Advisor to the Chief, Media Bureau, Federal ardous Air Pollutants; Maryland Equiva- Science, and Transportation. Communications Commission, transmitting, lency by Permit Provisions; NESHAP for EC–9319. A communication from the Legal pursuant to law, the report of a rule entitled Chemical Recovery Combustion Sources at Advisor to the Chief, Media Bureau, Federal ‘‘Amendment of Section 73.202, Table of Al- Kraft, Soda, Sulfite, and Stand-Alone Communications Commission, transmitting, lotments, FM Broadcast Stations; Semichemical Pulp Mills’’ (FRL#7813–6) re- pursuant to law, the report of a rule entitled Crawfordville, GA’’ (MB Doc. No. 02–225) re- ceived on September 14, 2004; to the Com- ‘‘Amendment of Section 73.622, Table of Al- ceived on September 13, 2004; to the Com- mittee on Environment and Public Works. lotments, DTV Broadcast Stations; Anchor- mittee on Commerce, Science, and Transpor- EC–9336. A communication from the Chair- age, AK’’ (MB Doc. No. 04–189) received on tation. man, Nuclear Regulatory Commission, trans- September 13, 2004; to the Committee on EC–9328. A communication from the Legal mitting, pursuant to law, a report relative to Commerce, Science, and Transportation. Advisor to the Chief, Media Bureau, Federal enhancing the security of Commission-regu- EC–9320. A communication from the Legal Communications Commission, transmitting, lated nuclear facilities and radioactive mate- Advisor to the Chief, Media Bureau, Federal pursuant to law, the report of a rule entitled rials; to the Committee on Environment and Communications Commission, transmitting, ‘‘Amendment of Section 73.202, Table of Al- Public Works. pursuant to law, the report of a rule entitled lotments, FM Broadcast Stations; Keesville, EC–9337. A communication from the Direc- ‘‘Amendment of Section 73.622, Table of Al- NY; Hartford and White River Junction, VT’’ tor, Office of Congressional Affairs, Nuclear lotments, DTV Broadcast Stations; Rutland, (MM Doc. No . 02–23) received on September Regulatory Commission, transmitting, pur- VT’’ (MB Doc. No. 02–66) received on Sep- 13, 2004; to the Committee on Commerce, suant to law, the report of a rule entitled tember 13, 2004; to the Committee on Com- Science, and Transportation. ‘‘Policy Statement on the Treatment of En- merce, Science, and Transportation. EC–9329. A communication from the Legal vironmental Justice Matters in the NRC EC–9321. A communication from the Legal Advisor to the Chief, Media Bureau, Federal Regulatory and Licensing Actions’’ received Advisor to the Chief, Media Bureau, Federal Communications Commission, transmitting, on August 25, 2004; to the Committee on En- Communications Commission, transmitting, pursuant to law, the report of a rule entitled vironment and Public Works. pursuant to law, the report of a rule entitled ‘‘Amendment of Section 73.202, Table of Al- f ‘‘Amendment of Section 73.202, Table of Al- lotments, FM Broadcast Stations; Hilton lotments, FM Broadcast Stations; Crisfield, Head Island, Hollywood, and Port Royal, SC’’ REPORTS OF COMMITTEES MD; Belle Haven, Exmore, Nassawadox, and (MB Doc. No. 02–198) received on September The following reports of committees Poquoson, Virginia’’ (MM Doc. No. 02–76) re- 13, 2004; to the Committee on Commerce, were submitted: ceived on September 13, 2004; to the Com- Science, and Transportation. By Mr. DOMENICI, from the Committee on mittee on Commerce, Science, and Transpor- EC–9330. A communication from the Legal Energy and Natural Resources, with an tation. Advisor, Media Bureau , Federal Commu- amendment in the nature of a substitute and EC–9322. A communication from the Legal nications Commission, transmitting, pursu- an amendment to the title: Advisor to the Chief, Media Bureau, Federal ant to law, the report of a rule entitled ‘‘In S. 1211. A bill to further the purposes of Communications Commission, transmitting, the Matter of Implementation of Section 25 title XVI of the Reclamation Projects Au- pursuant to law, the report of a rule entitled of the Cable Television Consumer Protection thorization and Adjustment Act of 1992, the ‘‘Amendment of Section 73.202, Table of Al- and Competition Act of 1992: Direct Broad- ‘‘Reclamation Wastewater and Groundwater lotments, FM Broadcast Stations; Augusta, cast Satellite Public Interest Obligations; Study and Facilities Act’’, by directing the WI; Barnwell, SC; Burnet, TX; Denver City, Sua Sponte Reconsideration’’ (FCC04–44) re- Secretary of the Interior to undertake a TX; Fountain Green, UT; Hayward, WI; Lib- ceived on September 13, 2004; to the Com- demonstration program for water reclama- erty, PA; Shenandoah, VA; St. Mary’s, WV; mittee on Commerce, Science, and Transpor- tion in the Tularosa Basin of New Mexico, Susquehanna, PA; and Van Alstyne, TX’’ tation. and for other purposes (Rept. No. 108–347). (MB Doc. Nos. 04–127 through 138) received on EC–9331. A communication from the Dep- By Ms. COLLINS, from the Committee on September 13, 2004; to the Committee on uty Associate Administrator, Environmental Governmental Affairs, with an amendment Commerce, Science, and Transportation. Protection Agency, transmitting, pursuant in the nature of a substitute and an amend- EC–9323. A communication from the Legal to law, the report of a rule entitled ‘‘Air ment to the title: Advisor to the Chief, Media Bureau, Federal Quality Designations and Classifications for S. 1230. A bill to provide for additional re- Communications Commission, transmitting, the 8-Hour Ozone National Ambient Air sponsibilities for the Chief Information Offi- pursuant to law, the report of a rule entitled Quality Standards; Las Vegas, Nevada Non- cer of the Department of Homeland Security ‘‘Amendment of Section 73.202, Table of Al- attainment Area’’ (FRL#7815–3) received on relating to geospatial information (Rept. No. lotments, FM Broadcast Stations; Goldsboro, September 14, 2004; to the Committee on En- 108–348). Smithfield, Louisburg, and Rolesville, NC’’ vironment and Public Works. By Ms. COLLINS, from the Committee on (MM Doc. No. 02–40) received on September EC–9332. A communication from the Dep- Governmental Affairs, with an amendment: 13, 2004; to the Committee on Commerce, uty Associate Administrator, Environmental S. 2347. A bill to amend the District of Co- Science, and Transportation. Protection Agency, transmitting, pursuant lumbia College Access Act of 1999 to perma- EC–9324. A communication from the Legal to law, the report of a rule entitled ‘‘Ap- nently authorize the public school and pri- Advisor to the Chief, Media Bureau, Federal proval and Promulgation of Air Quality Im- vate school tuition assistance programs es- Communications Commission, transmitting, plementation Plans; Maryland; Revised tablished under the Act (Rept. No. 108–349). pursuant to law, the report of a rule entitled Major Stationary Source Applicability for S. 2536. A bill to enumerate the responsibil- ‘‘Amendment of Section 73.202, Table of Al- Reasonably Available Control Technology ities of the Officer for Civil Rights and Civil lotments, FM Broadcast Stations; Seymour and Permitting and Revised Offset Ratios for Liberties of the Department of Homeland Se- and Sellersburg, IN’’ (MB Doc. No. 03–98) re- the Washington Area’’ (FRL#7813–1) received curity, to require the Inspector General of ceived on September 13, 2004; to the Com- on September 14, 2004; to the Committee on the Department of Homeland Security to mittee on Commerce, Science, and Transpor- Environment and Public Works. designate a senior official to investigate tation. EC–9333. A communication from the Dep- civil rights complaints, and for other pur- EC–9325. A communication from the Legal uty Associate Administrator, Environmental poses (Rept. No. 108–350). Advisor to the Chief, Media Bureau, Federal Protection Agency, transmitting, pursuant By Mr. SPECTER, from the Committee on Communications Commission, transmitting, to law, the report of a rule entitled ‘‘Ap- Veterans’ Affairs, without amendment:

VerDate Aug 04 2004 00:49 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.019 S20PT1 S9386 CONGRESSIONAL RECORD — SENATE September 20, 2004 S. 2483. A bill to increase, effective as of nancial institution examined by that person; as Code Talkers during foreign con- December 1, 2004, the rates of compensation to the Committee on the Judiciary. flicts in which the United States was for veterans with service-connected disabil- By Mr. DEWINE (for himself and Mr. involved during the 20th Century in ities and the rates of dependency and indem- KENNEDY): recognition of the service of those Na- nity compensation for the survivors of cer- S. 2815. A bill to give a preference regard- tain disabled veterans (Rept. No. 108–351). ing States that require schools to allow stu- tive Americans to the United States. By Mr. SPECTER, from the Committee on dents to self-administer medication to treat S. 874 Veterans’ Affairs, with an amendment in the that student’s asthma or anaphylaxis, and At the request of Mr. TALENT, the nature of a substitute and an amendment to for other purposes; to the Committee on name of the Senator from Hawaii (Mr. the title: Health, Education, Labor, and Pensions. INOUYE) was added as a cosponsor of S. S. 2486. A bill to amend title 38, United By Mr. SCHUMER: 874, a bill to amend title XIX of the So- States Code, to improve and enhance edu- S. 2816. A bill to provide for adjustment of cial Security Act to include primary cation, housing, employment, medical, and immigration status for certain aliens grant- other benefits for veterans and to improve ed temporary protected status in the United and secondary preventative medical and extend certain authorities relating to States because of conditions in Montserrat; strategies for children and adults with the administration or benefits for veterans, to the Committee on the Judiciary. Sickle Cell Disease as medical assist- and for other purposes (Rept. No. 108–352). f ance under the medicaid program, and f for other purposes. SUBMISSION OF CONCURRENT AND S. 875 DISCHARGED NOMINATIONS SENATE RESOLUTIONS At the request of Mr. SANTORUM, the The Senate Committee on Govern- The following concurrent resolutions name of the Senator from Virginia (Mr. mental Affairs was discharged from and Senate resolutions were read, and WARNER) was added as a cosponsor of S. further consideration of the following referred (or acted upon), as indicated: 875, a bill to amend the Internal Rev- nomination and the nomination was By Mr. STEVENS (for himself, Mr. enue Code of 1986 to allow an income placed on the Executive Calendar pur- LOTT, and Mr. REID): tax credit for the provision of home- suant to an order of the Senate: S. Con. Res. 138. A concurrent resolution ownership and community develop- Patrick P. O’Carroll, Jr., of Maryland, to commending John W. Kluge for his dedica- ment, and for other purposes. tion and commitment to the United States be Inspector General, Social Security Ad- S. 1200 ministration. on the occasion of his 90th birthday; consid- ered and agreed to. At the request of Ms. CANTWELL, the The Senate Committee on Foreign name of the Senator from New Jersey f Relations was discharged from further (Mr. LAUTENBERG) was added as a co- consideration of the following nomina- ADDITIONAL COSPONSORS sponsor of S. 1200, a bill to provide last- tions and the nominations were con- ing protection for inventoried roadless S. 157 firmed: areas within the National Forest Sys- At the request of Mr. CORZINE, the tem. Stuart W. Holliday, of Texas, to be an Al- name of the Senator from Delaware ternate Representative of the United States S. 1379 of America to the Sessions of the General (Mr. BIDEN) was added as a cosponsor of S. 157, a bill to help protect the public At the request of Mr. JOHNSON, the Assembly of the United Nations during his names of the Senator from South Caro- tenure of service as Alternate Representa- against the threat of chemical attacks. lina (Mr. HOLLINGS), the Senator from tive of the United States of America for Spe- S. 333 California (Mrs. BOXER), the Senator cial Political Affairs in the United Nations. At the request of Mr. BREAUX, the from Maine (Ms. SNOWE) and the Sen- Patrick J. Leahy, of Vermont, to be a Rep- name of the Senator from Oregon (Mr. resentative of the United States of America ator from Alaska (Mr. STEVENS) were to the Fifty-ninth Session of the General As- WYDEN) was added as a cosponsor of S. added as cosponsors of S. 1379, a bill to sembly of the United Nations. 333, a bill to promote elder justice, and require the Secretary of the Treasury John E. Sununu, of New Hampshire, to be for other purposes. to mint coins in commemoration of a Representative of the United States of S. 453 veterans who became disabled for life America to the Fifty-ninth Session of the At the request of Mrs. HUTCHISON, the while serving in the Armed Forces of General Assembly of the United Nations. name of the Senator from Kentucky the United States. Foreign Service nomination begin- (Mr. BUNNING) was added as a cosponsor S. 1381 ning with Jacqueline Bell and ending of S. 453, a bill to authorize the Health At the request of Ms. SNOWE, the with Jim Zix. Resources and Services Administration name of the Senator from Alabama The Senate Committee on Govern- and the National Cancer Institute to (Mr. SESSIONS) was added as a cospon- mental Affairs was discharged from make grants for model programs to sor of S. 1381, a bill to amend the Inter- further consideration of the following provide to individuals of health dis- nal Revenue Code of 1986 to modify cer- nomination and the nomination was parity populations prevention, early tain provisions relating to the treat- placed on the Executive Calendar pur- detection, treatment, and appropriate ment of forestry activities. suant to an order of the Senate: follow-up care services for cancer and S. 1549 Neil McPhie, of Virginia, to be a Member chronic diseases, and to make grants At the request of Mrs. DOLE, the of the Merit Systems Protection Board for regarding patient navigators to assist name of the Senator from Alaska (Ms. the term of seven years expiring March 1, individuals of health disparity popu- 2009. MURKOWSKI) was added as a cosponsor lations in receiving such services. of S. 1549, a bill to amend the Richard f S. 493 B. Russell National School Lunch Act INTRODUCTION OF BILLS AND At the request of Mrs. LINCOLN, the to phase out reduced price lunches and JOINT RESOLUTIONS name of the Senator from Idaho (Mr. breakfasts by phasing in an increase in The following bills and joint resolu- CRAPO) was added as a cosponsor of S. the income eligibility guidelines for tions were introduced, read the first 493, a bill to amend title XVIII of the free lunches and breakfasts. and second times by unanimous con- Social Security Act to authorize phys- S. 1963 sent, and referred as indicated: ical therapists to evaluate and treat At the request of Mr. SPECTER, the medicare beneficiaries without a re- By Mr. SCHUMER: name of the Senator from Vermont S. 2813. A bill to designate the facility of quirement for a physician referral, and (Mr. LEAHY) was added as a cosponsor the United States Postal Service located at for other purposes. of S. 1963 , a bill to amend the Commu- 19504 Linden Boulevard in St. Albans, New S. 540 nications Act of 1934 to protect the pri- York, as the ‘‘Archie Spigner Post Office At the request of Mr. INHOFE, the vacy right of subscribers to wireless Building’’; to the Committee on Govern- names of the Senator from Wisconsin communication services. mental Affairs. (Mr. KOHL) and the Senator from Utah S. 2275 By Mr. LEVIN (for himself and Mr. ATCH IKULSKI COLEMAN): (Mr. H ) were added as cosponsors At the request of Ms. M , the S. 2814. A bill to impose a 1-year cooling off of S. 540, a bill to authorize the presen- name of the Senator from Minnesota period before a senior Federal financial insti- tation of gold medals on behalf of Con- (Mr. COLEMAN) was added as a cospon- tutions examiner may be employed by the fi- gress to Native Americans who served sor of S. 2275, a bill to amend the

VerDate Aug 04 2004 00:49 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.029 S20PT1 September 20, 2004 CONGRESSIONAL RECORD — SENATE S9387 Homeland Security Act of 2002 (6 U.S.C. establish kinship navigator programs, (Mrs. BOXER) was added as a cosponsor 101 et seq.) to provide for homeland se- to establish kinship guardianship as- of S. Res. 345, a resolution expressing curity assistance for high-risk non- sistance payments for children, and for the Sense of the Senate that Congress profit organizations, and for other pur- other purposes. should expand the supports and serv- poses. S. 2718 ices available to grandparents and S. 2283 At the request of Mr. DEWINE, the other relatives who are raising children At the request of Mr. GREGG, the names of the Senator from New Jersey when their biological parents have died name of the Senator from Kansas (Mr. (Mr. CORZINE) and the Senator from or can no longer take care of them. ROBERTS) was added as a cosponsor of Washington (Mrs. MURRAY) were added S. RES. 387 S. 2283, a bill to extend Federal funding as cosponsors of S. 2718, a bill to pro- At the request of Mr. FEINGOLD, the for operation of State high risk health vide for programs and activities with name of the Senator from Washington insurance pools. respect to the prevention of underage (Ms. CANTWELL) was added as a cospon- S. 2425 drinking. sor of S. Res. 387, a resolution com- memorating the 40th Anniversary of At the request of Mr. COCHRAN, the S. 2759 the Wilderness Act. name of the Senator from Montana At the request of Mr. ROCKEFELLER, S. RES. 420 (Mr. BURNS) was added as a cosponsor the names of the Senator from Min- of S. 2425, a bill to amend the Tariff nesota (Mr. DAYTON), the Senator from At the request of Mr. PRYOR, the Act of 1930 to allow for improved ad- Ohio (Mr. DEWINE), the Senator from names of the Senator from Oregon (Mr. ministration of new shipper adminis- Kansas (Mr. ROBERTS), the Senator WYDEN), the Senator from Louisiana trative reviews. from Maryland (Mr. SARBANES) and the (Mr. BREAUX), the Senator from Ohio C AIN (Mr. DEWINE), the Senator from Illinois S. 2602 Senator from Arizona (Mr. M C ) were added as cosponsors of S. 2759, a (Mr. FITZGERALD) and the Senator from At the request of Mr. DODD, the name Kansas (Mr. BROWNBACK) were added as of the Senator from Minnesota (Mr. bill to amend title XXI of the Social Security Act to modify the rules relat- cosponsors of S. Res. 420, a resolution DAYTON) was added as a cosponsor of S. recommending expenditures for an ap- 2602, a bill to provide for a circulating ing to the availability and method of redistribution of unexpended SCHIP al- propriate visitors center at Little Rock quarter dollar coin program to honor Central High School National Historic the District of Columbia, the Common- lotments, and for other purposes. S. 2764 Site to commemorate the desegrega- wealth of Puerto Rico, Guam, Amer- tion of Little Rock Central High ican Samoa, the United States Virgin At the request of Mr. DODD, the name of the Senator from Louisiana (Mr. School. Islands, and the Commonwealth of the S. RES. 424 BREAUX) was added as a cosponsor of S. Northern Mariana Islands, and for At the request of Mr. CRAIG, the other purposes. 2764, a bill to extend the applicability of the Terrorism Risk Insurance Act of names of the Senator from Louisiana S. 2603 2002. (Mr. BREAUX), the Senator from Illinois At the request of Mr. SMITH, the (Mr. FITZGERALD), the Senator from S. 2781 name of the Senator from Delaware Michigan (Mr. LEVIN), the Senator At the request of Mr. LUGAR, the (Mr. CARPER) was added as a cosponsor from Oregon (Mr. WYDEN), the Senator names of the Senator from New Mexico of S. 2603, a bill to amend section 227 of from Ohio (Mr. DEWINE) and the Sen- (Mr. BINGAMAN), the Senator from Or- the Communications Act of 1934 (47 ator from California (Mrs. FEINSTEIN) egon (Mr. SMITH), the Senator from U.S.C. 227) relating to the prohibition were added as cosponsors of S. Res. 424, Pennsylvania (Mr. SPECTER) and the on junk fax transmissions. a resolution designating October 2004 Senator from New Hampshire (Mr. S. 2609 as ‘‘Protecting Older Americans From SUNUNU) were added as cosponsors of S. Fraud Month’’. At the request of Mr. COLEMAN, the 2781, a bill to express the sense of Con- S. RES. 427 name of the Senator from Vermont gress regarding the conflict in Darfur, At the request of Mr. SARBANES, the (Mr. JEFFORDS) was added as a cospon- Sudan, to provide assistance for the names of the Senator from Utah (Mr. sor of S. 2609, a bill to amend the Farm crisis in Darfur and for comprehensive BENNETT), the Senator from Con- Security and Rural Investment Act of peace in Sudan, and for other purposes. necticut (Mr. DODD), the Senator from 2002 to extend and improve national S. 2807 dairy market loss payments. California (Mrs. FEINSTEIN), the Sen- At the request of Mr. CRAPO, the ator from Michigan (Ms. STABENOW), S. 2623 name of the Senator from Maine (Ms. the Senator from Ohio (Mr. DEWINE), At the request of Mr. SMITH, the SNOWE) was added as a cosponsor of S. name of the Senator from New Jersey the Senator from Illinois (Mr. DURBIN), 2807, a bill to amend the Internal Rev- the Senator from South Dakota (Mr. (Mr. LAUTENBERG) was added as a co- enue Code of 1986 to exempt containers JOHNSON), the Senator from Massachu- sponsor of S. 2623, a bill to amend sec- used primarily in potato farming from setts (Mr. KENNEDY) and the Senator tion 402 of the Personal Responsibility the excise tax on heavy trucks and from Nebraska (Mr. HAGEL) were added and Work Opportunity Reconciliation trailers. Act of 1996 to provide a 2-year exten- as cosponsors of S. Res. 427, a resolu- S. CON. RES. 134 tion congratulating the citizens of sion of supplemental security income At the request of Mr. FITZGERALD, in fiscal years 2005 through 2007 for ref- Greece, the members of the Athens 2004 the name of the Senator from Maine Organizing Committee for the Olympic ugees, asylees, and certain other hu- (Ms. SNOWE) was added as a cosponsor manitarian immigrants. and Paralympic Games, the Inter- of S. Con. Res. 134, a concurrent resolu- national Olympic Committee, the S. 2647 tion expressing the sense of the Con- United States Olympic Committee, the At the request of Mr. HOLLINGS, the gress that the Parthenon Marbles 2004 United States Olympic Team, ath- name of the Senator from New Jersey should be returned to Greece. letes from around the world, and all (Mr. LAUTENBERG) was added as a co- S. CON. RES. 136 the personnel who participated in the sponsor of S. 2647, a bill to establish a At the request of Mr. CONRAD, the 2004 Olympic Summer Games in Ath- national ocean policy, to set forth the names of the Senator from North Da- ens, Greece. missions of the National Oceanic and kota (Mr. DORGAN), the Senator from f Atmospheric Administration, to ensure Oklahoma (Mr. INHOFE) and the Sen- effective interagency coordination, and ator from Wyoming (Mr. THOMAS) were STATEMENTS ON INTRODUCED for other purposes. added as cosponsors of S. Con. Res. 136, BILLS AND JOINT RESOLUTIONS S. 2706 a concurrent resolution honoring and By Mr. DEWINE (for himself and At the request of Mrs. CLINTON, the memorializing the passengers and crew Mr. KENNEDY): names of the Senator from South Da- of United Airlines Flight 93. S. 2815. A bill to give a preference re- kota (Mr. JOHNSON) and the Senator S. RES. 345 garding States that require schools to from Mississippi (Mr. COCHRAN) were At the request of Mrs. CLINTON, the allow students to self-administer medi- added as cosponsors of S. 2706, a bill to name of the Senator from California cation to treat that student’s asthma

VerDate Aug 04 2004 00:49 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.032 S20PT1 S9388 CONGRESSIONAL RECORD — SENATE September 20, 2004 or anaphylaxis, and for other purposes; threatening attacks. Severe attacks toms of anaphylaxis previously are at risk to the Committee on Health, Edu- can cause anaphylactic shock which for subsequent reactions and should carry an cation, Labor, and Pensions. can kill within minutes. This bill epinephrine auto-injector with them at all times, if prescribed. Mr. DEWINE. Mr. President, I come would encourage States to adopt laws (15) An increasing number of students and to the floor today to introduce the and policies allowing children to carry school staff have life-threatening allergies. Asthmatic Schoolchildren’s Treatment their anaphylaxis medication, includ- Exposure to the affecting allergen can trig- and Health Management Act of 2004. I ing epinephrine injectors, while they ger anaphylaxis. Anaphylaxis requires would like to thank my colleague, Sen- are at school. prompt medical intervention with an injec- ator KENNEDY, for cosponsoring this Currently, 18 States have developed tion of epinephrine. important piece of legislation. legislation protecting the rights of SEC. 3. PREFERENCE FOR STATES THAT ALLOW I have come to the floor now many STUDENTS TO SELF-ADMINISTER children to carry and self-administer MEDICATION TO TREAT ASTHMA times to talk about asthma, a condi- epinephrine-injectors. We applaud AND ANAPHYLAXIS. tion that affects more than 20 million these States and hope that this bill (a) AMENDMENTS.—Section 399L of the Pub- people, including 6.3 million children. will encourage more States to follow lic Health Service Act (42 U.S.C. 280g) is As a parent of eight and a grandparent suit. amended— of eight, I am particularly concerned I ask unanimous consent that the (1) by redesignating subsection (d) as sub- with the disproportionately high num- section (e); and text of the bill be printed in the (2) by inserting after subsection (c) the fol- ber of children who suffer from pedi- RECORD. lowing: atric asthma—the worst chronic health There being no objection, the bill was ‘‘(d) PREFERENCE FOR STATES THAT ALLOW problem among our Nation’s youth. ordered to be printed in the RECORD, as STUDENTS TO SELF-ADMINISTER MEDICATION I suffer from asthma, as have some of follows: TO TREAT ASTHMA AND ANAPHYLAXIS.— my children, so I know how frightening S. 2815 ‘‘(1) PREFERENCE.—The Secretary, in awarding any grant under this section or any and dangerous this disease can be. The Be it enacted by the Senate and House of Rep- statistics on pediatric asthma, espe- other grant that is asthma-related (as deter- resentatives of the United States of America in mined by the Secretary) to a State, shall cially, highlight the need to do more to Congress assembled, give preference to any State that satisfies combat this disease. An average of one SECTION 1. SHORT TITLE. the following: out of every 13 school-age children has This Act may be cited as the ‘‘Asthmatic ‘‘(A) IN GENERAL.—The State must require asthma and the disease is the leading Schoolchildren’s Treatment and Health Man- that each public elementary school and sec- cause of missed school days due to agement Act of 2004’’. ondary school in that State will grant to any chronic illness. In 2002, the Centers for SEC. 2. FINDINGS. student in the school an authorization for Disease Control reported that 14 mil- Congress finds the following: the self-administration of medication to lion school days were missed annually (1) Asthma is a chronic condition requiring treat that student’s asthma or anaphylaxis, lifetime, ongoing medical intervention. if— because of asthma. (2) In 1980, 6,700,000 Americans had asthma. ‘‘(i) a health care practitioner prescribed More than missed school days, how- (3) In 2001, 20,300,000 Americans had asthma the medication for use by the student during ever, are the tragic consequences of the and 6,300,000 children under age 18 had asth- school hours and instructed the student in condition. The number of deaths re- ma. the correct and responsible use of the medi- lated to pediatric asthma nearly tri- (4) The prevalence of asthma among Afri- cation; pled between 1979 and 1996. In 2000, can-American children was 40 percent great- ‘‘(ii) the student has demonstrated to the asthma attacks were the cause of er than among Caucasian children, and more health care practitioner (or such practi- 728,000 visits to the emergency room, than 26 percent of all asthma deaths are in tioner’s designee) and the school nurse (if the African-American population. available) the skill level necessary to use the 214,000 hospitalizations, and 223 deaths. (5) In 2000, there were 1,800,000 asthma-re- medication and any device that is necessary We know that the severity of asthma lated visits to emergency departments (more to administer such medication as prescribed; attacks can be decreased primarily than 728,000 of these involved children under ‘‘(iii) the health care practitioner formu- through the control of the disease. 18 years of age). lates a written treatment plan for managing Physicians instruct patients to carry (6) In 2000, there were 465,000 asthma-re- asthma or anaphylaxis episodes of the stu- their inhalers with them at all times, lated hospitalizations (214,000 of these in- dent and for medication use by the student as they know asthma can strike a child volved children under 18 years of age). during school hours; and anytime, anywhere—in the classroom, (7) In 2000, 4,487 people died from asthma, ‘‘(iv) the student’s parent or guardian has on the playground, or in the lunch- and of these 223 were children. completed and submitted to the school any (8) According to the Centers for Disease written documentation required by the room. Therefore, it is imperative that Control and Prevention, asthma is a common school, including the treatment plan formu- students have immediate access to cause of missed school days, accounting for lated under clause (iii) and other documents their inhalers. However, many schools approximately 14,000,000 missed school days related to liability. do not allow students to carry their annually. ‘‘(B) SCOPE.—An authorization granted prescribed lifesaving asthma medica- (9) According to the New England Journal under subparagraph (A) must allow the stu- tion. To date, only 30 States, including of Medicine, working parents of children dent involved to possess and use his or her my home State of Ohio, have laws or with asthma lose an estimated $ 1,000,000,000 medication— developed policies protecting children’s a year in productivity. ‘‘(i) while in school; (10) At least 30 States have legislation pro- ‘‘(ii) while at a school-sponsored activity, right to carry an inhaler at school. tecting the rights of children to carry and such as a sporting event; and The bill I am introducing today self-administer asthma metered-dose inhal- ‘‘(iii) in transit to or from school or school- would encourage more States to allow ers, and at least 18 States expand this pro- sponsored activities. their children to carry their needed tection to epinephrine auto-injectors. ‘‘(C) DURATION OF AUTHORIZATION.—An au- asthma medication while they are at (11) Tragic refusals of schools to permit thorization granted under subparagraph school, on the school bus, on the play- students to carry their inhalers and auto- (A)— ground, at school sporting events, or injectable epinephrine have occurred, some ‘‘(i) must be effective only for the same on school field trips. It would do so by resulting in death and spawning litigation. school and school year for which it is grant- (12) School district medication policies ed; and giving States preference when applying must be developed with the safety of all stu- ‘‘(ii) must be renewed by the parent or for asthma-related grants. dents in mind. The immediate and correct guardian each subsequent school year in ac- This bill would help protect our Na- use of asthma inhalers and auto-injectable cordance with this subsection. tion’s children from the dangers of a epinephrine are necessary to avoid serious ‘‘(D) BACKUP MEDICATION.—The State must sudden asthma attack—an attack that respiratory complications and improve require that backup medication, if provided could result in hospitalization or even health care outcomes. by a student’s parent or guardian, be kept at death. It also would help prevent the (13) No school should interfere with the pa- a student’s school in a location to which the consequences of more severe allergic tient-physician relationship. student has immediate access in the event of reactions. Many children suffer from (14) Anaphylaxis, or anaphylactic shock, is an asthma or anaphylaxis emergency. a systemic allergic reaction that can kill ‘‘(E) MAINTENANCE OF INFORMATION.—The asthma attacks and allergy reactions within minutes. Anaphylaxis occurs in some State must require that information de- so severe that they need to carry an ep- asthma patients.According to the American scribed in clauses (iii) and (iv) of subpara- inephrine injector with them at all Academy of Allergy, Asthma, and Immu- graph (A) be kept on file at the student’s times in the event of sudden, life- nology, people who have experienced symp- school in a location easily accessible in the

VerDate Aug 04 2004 00:49 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.028 S20PT1 September 20, 2004 CONGRESSIONAL RECORD — SENATE S9389 event of an asthma or anaphylaxis emer- are locked up. Twenty States do not with pioneering contributions to philan- gency. have legislation allowing students to thropy, electronic education, and television ‘‘(2) RULE OF CONSTRUCTION.—Nothing in carry and use their asthma inhalers, and radio broadcasting; this subsection creates a cause of action or and 32 states have not yet passed legis- Whereas John W. Kluge is a dedicated pa- in any other way increases or diminishes the triot who served his country well as an Army liability of any person under any other law. lation permitting students to carry and intelligence officer during World War II; ‘‘(3) DEFINITIONS.—For purposes of this sub- use epinephrine. Whereas John W. Kluge’s commitment to section: Some say that school nurses should public service has made him one of the most ‘‘(A) ELEMENTARY SCHOOL AND SECONDARY control access to these lifesaving medi- esteemed and generous benefactors of edu- SCHOOL.—The terms ‘elementary school’ and cations. But in America today, we have cation, and has brought him the admiration ‘secondary school’ have the meanings given only 56,000 school nurses serving 47 mil- and gratitude of the people of the United to those terms in section 9101 of the Elemen- lion students in public schools. The States; tary and Secondary Education Act of 1965. ratio is only one school nurse for every Whereas John W. Kluge’s deep belief in ‘‘(B) HEALTH CARE PRACTITIONER.—The 840 students. If access to these needed human potential and creativity has quietly term ‘health care practitioner’ means a per- medications is controlled by nurses, helped extend educational opportunity son authorized under law to prescribe drugs through scholarships and other support of subject to section 503(b) of the Federal Food, the safety of asthma and allergy suf- important civic causes; Drug, and Cosmetic Act. ferers may often be compromised, and Whereas John W. Kluge’s wise counsel and ‘‘(C) MEDICATION.—The term ‘medication’ needless deaths may occur. Students leadership as the founding chairman of the means a drug as that term is defined in sec- without immediate access to needed Library of Congress’s first private sector tion 201 of the Federal Food, Drug, and Cos- medications could be at increased risk philanthropic organization, the James Madi- metic Act and includes inhaled broncho- of harm while in a classroom far away son Council, have inspired many others to dilators and auto-injectable epinephrine. from a nurse’s office or other school fa- join in support of the Library of Congress’s ‘‘(D) SELF-ADMINISTRATION.—The term cility. Allowing children to take their programs and initiatives; ‘self-administration’ means a student’s dis- own medicine during asthma attacks Whereas John W. Kluge has established an cretionary use of his or her prescribed asth- endowed program at the Library of Congress ma or anaphylaxis medication, pursuant to a and severe allergic reactions can pre- to bring leading senior scholars and junior prescription or written direction from a vent many life-threatening situations. fellows from around the world to the Library health care practitioner.’’. Our bill will help to see that children to use its great collections and to interact (b) APPLICABILITY.—The amendments made with asthma or allergic reactions will with the members and staff of Congress; by this section shall apply only with respect get their medications when they need Whereas John W. Kluge has generously to grants made on or after the date that is 9 it. Under this Act, States that allow supported the first Nobel-level award for life- months after the date of the enactment of students to carry and self-administer time scholarly achievement in the study of this Act. asthma or allergy medications will re- the human sciences; SEC. 4. SENSE OF CONGRESS COMMENDING CDC ceive preferences for asthma-related Whereas John W. Kluge has generously FOR ITS STRATEGIES FOR ADDRESS- supported the creation of advanced training ING ASTHMA WITHIN A COORDI- grants. It requires that a health care for library leaders of the 21st century NATED SCHOOL HEALTH PROGRAM. practitioner must prescribe the medi- through a Leadership Development Program It is the sense of Congress— cation and instruct students on its at the Library of Congress; and (1) to commend the Centers for Disease proper use. The student must dem- Whereas John W. Kluge has inspired the Control and Prevention for identifying and onstrate to the practitioner that they people of the United States by his example of creating ‘‘Strategies for Addressing Asthma have the skills to administer the medi- support for programs that educate and equip Within a Coordinated School Program’’ for cation correctly. This bill also requires individuals for responsible and productive schools to address asthma; and the student’s parent or guardian to citizenship: Now, therefore, be it (2) to encourage all schools to review these Resolved by the Senate (the House of Rep- strategies and adopt policies that will best provide written consent for the student to take their medication according to resentatives concurring), That Congress— meet the needs of their student population. (1) commends John W. Kluge for his dedica- Mr. KENNEDY. Mr. President, it is a the treatment plan. tion and commitment to the United States; When they face a life-threatening privilege to join Senator DEWINE in in- (2) expresses, on the occasion of John W. troducing the Asthmatic School-Chil- asthma attack or allergic reaction, Kluge’s 90th birthday, its sincere apprecia- dren’s Treatment and Health Manage- children deserve an effective way to tion and admiration for his example of phi- ment Act. This legislation will save avoid severe health consequences. lanthropy and public service to the people of lives by enabling children to carry Schools should give our children the the United States; and right to carry their medications with (3) directs the Secretary of the Senate to their medications with them and them in order to minimize the time transmit a copy of this resolution to John W. quickly treat their asthma attacks or lost between the onset of symptoms Kluge. allergic reactions. Asthma continues to be a major, and and the needed treatment. The ‘‘Asth- Mr. STEVENS. Mr. President, I have matic School-Children’s Treatment often preventable cause of needless suf- come to the Senate to submit a resolu- and Health Management Act’’ will save fering and death among children in the tion honoring the great philanthropist children’s lives and minimize suffering United States. Over 6 million children John Kluge whose 90th birthday is to- during these attacks. I commend Sen- under 18 have asthma, and it is signifi- morrow. He is a personal friend. ator DEWINE for his leadership on this cantly more prevalent in minority John Kluge is a self-made man. He important health issue, and I encour- groups. Tragically, over 200 children came to this country as a young boy age Congress to act quickly to improve die from this disease every year. Asth- from Germany with virtually nothing every child’s access in school of life- ma affects more than health. It ac- but a china Dresden horse—which he saving medications. counts for 14 million missed school still has. From these humble origins days annually, and affects grades and f and through hard work he received a personality. The estimated cost of SUBMITTED RESOLUTIONS scholarship to Columbia University. asthma-related health care in our soci- After distinguished service as an ety is over $14 billion a year. army intelligence officer during WW The key to preventing deaths and se- SENATE CONCURRENT RESOLU- II—and I say parenthetically he served vere health effects caused by asthma TION 138—COMMENDING JOHN W. in Alaska during that period—he went and allergic reactions is prompt treat- KLUGE FOR HIS DEDICATION on in the business world to create a ment. Inhalers work within minutes to AND COMMITMENT TO THE vast media empire which he converted end acute asthma attacks in children. UNITED STATES ON THE OCCA- into a great engine of philanthropy, Children experiencing severe allergic SION OF HIS 90TH BIRTHDAY supporting many educational pro- reactions must receive life-saving in- Mr. STEVENS (for himself, Mr. LOTT grams, aimed in particular toward jections of epinephrine immediately, in and Mr. REID) submitted the following helping minorities. order to avoid serious complications or concurrent resolution; which was con- John Kluge’s quiet commitment to even death. sidered and agreed to: public service and generosity of spirit Children need quick access to these S. CON. RES 138 will live on for generations. For years medications when they are at school. Whereas John W. Kluge has combined a to come, individuals will be able to at- Yet, in many States, these medications unique history of American entrepreneurship tend college on a Kluge scholarship

VerDate Aug 04 2004 00:49 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.023 S20PT1 S9390 CONGRESSIONAL RECORD — SENATE September 20, 2004 who might otherwise be unable to af- mittee on Finance be authorized to (2) REVERSION.—Except as provided in para- ford it. Countless future national lead- meet in open Executive Session during graph (3), if the Secretary, after notice to ers will benefit from the intellectual the session on September 20, 2004, at Post No. 22 and an opportunity for a hearing, stimulation he has made possible 5:30 p.m., to consider favorably report- makes a finding that Post No. 22 has used or permitted the use of the parcel for any pur- through his work at the Library of ing S. 333, the John Breaux Elder Jus- pose other than the purpose specified in Congress. tice Act of 2004, and the nomination of paragraph (1) and Post No. 22 fails to dis- Mr. Kluge is the founding chairman Joey Russell George, to be Treasury In- continue that use, title to the parcel shall of the James Madison Council, the Li- spector General for Tax Administra- revert to the United States, to be adminis- brary of Congress’s private sector phil- tion, U.S. Department of Treasury. tered by the Secretary. anthropic organization, where he has SELECT SUBCOMMITTEE ON INTELLIGENCE (3) WAIVER.—The Secretary may waive the inspired many others to join in support Mr. SESSIONS. Mr. President, I ask requirements of paragraph (2) if the Sec- of the library and its programs. retary determines that a waiver would be in unanimous consent that the Select the best interests of the United States. Through his generosity, John Kluge Committee on Intelligence be author- helped the Library of Congress bridge ized to meet during the session of the f the gap into the digital world by ena- Senate on September 20, 2004 at 9:30 LEWIS AND CLARK NATIONAL bling it to invest heavily in tech- a.m. to hold a hearing on the nomina- PARK ACT OF 2004 nologies that bring the vast collections tion of PORTER J. GOSS to be Director On Wednesday, September 15, 2004, of the Library of Congress to people all of Central Intelligence. the Senate passed S. 2167, as follows: over the world. SPECIAL COMMITTEE ON AGING S. 2167 As chairman of the Joint Committee Mr. SESSIONS. Mr. President, I ask Be it enacted by the Senate and House of Rep- on the Library, I was pleased to an- unanimous consent that the Special resentatives of the United States of America in nounce at a ceremony in the Capitol in Committee on Aging be authorized to Congress assembled, 2000 with the Librarian of Congress, meet Monday, September 20, 2004 from SECTION 1. SHORT TITLE. Jim Billington, Mr. Kluge’s generous 2 p.m.–5 p.m. in Dirksen 628 for the pur- This Act may be cited as the ‘‘Lewis and gift of $60 million to establish the John pose of conducting a hearing. Clark National Historical Park Act of 2004’’. SEC. 2. PURPOSE. W. Kluge center in the Library of Con- f gress. Thanks to this endowment, the The purpose of this Act is to establish the Kluge Center brings some of the EDWARD H. MCDANIEL AMERICAN Lewis and Clark National Historical Park world’s best minds—the Kluge Schol- LEGION POST NO. 22 LAND CON- to— VEYANCE ACT (1) preserve for the benefit of the people of ars—into residence to use the rich re- the United States the historic, cultural, sce- sources of the library and interact with On Wednesday, September 15, 2004, nic, and natural resources associated with national policy makers. the Senate passed S. 1521, as follows: the arrival of the Lewis and Clark Expedi- John Kluge has also generously sup- S. 1521 tion in the lower Columbia River area; and ported the creation of advanced train- Be it enacted by the Senate and House of Rep- (2) commemorate the winter encampment ing for a new generation of library resentatives of the United States of America in of the Lewis and Clark Expedition in the leaders through the leadership develop- Congress assembled, winter of 1805–1806 following the successful ment program at the Library of Con- SECTION 1. SHORT TITLE. crossing of the North American Continent. gress. This Act may be cited as the ‘‘Edward H. SEC. 3. DEFINITIONS. In this Act: John Kluge is a man who has made a McDaniel American Legion Post No. 22 Land Conveyance Act’’. (1) MAP.—The term ‘‘map’’ means the map difference. He has touched countless SEC. 2. DEFINITIONS. entitled ‘‘Lewis and Clark National Histor- lives and truly deserves the recognition In this Act: ical Park, Boundary Map’’, numbered 405/ of this body. (1) POST NO. 22.—The term ‘‘Post No. 22’’ 80027, and dated December, 2003. I ask unanimous consent to submit means the Edward H. McDaniel American (2) MEMORIAL.—The term ‘‘Memorial’’ this resolution and ask that it be held Legion Post No. 22 in Pahrump, Nevada. means the Fort Clatsop National Memorial at the desk so others might join in co- (2) SECRETARY.—The term ‘‘Secretary’’ established under section 1 of Public Law 85– sponsoring this resolution. It is my in- means the Secretary of the Interior, acting 435 (16 U.S.C. 450mm). through the Director of the Bureau of Land (3) PARK.—The term ‘‘Park’’ means the tention to ask the leadership to try to Lewis and Clark National Historical Park es- clear it for adoption this afternoon. Management. SEC. 3. CONVEYANCE OF LAND TO EDWARD H. tablished by section 4(a). The PRESIDING OFFICER. Is there MCDANIEL AMERICAN LEGION POST (4) SECRETARY.—The term ‘‘Secretary’’ objection to the measure being sub- NO. 22. means the Secretary of the Interior. mitted and held at the desk? Without (a) CONVEYANCE ON CONDITION SUBSE- SEC. 4. LEWIS AND CLARK NATIONAL HISTOR- objection, it is so ordered. QUENT.—Not later than 180 days after the ICAL PARK. date of enactment of this Act, subject to (a) ESTABLISHMENT.—There is established f valid existing rights and the condition stated as a unit of the National Park System the NOTICES OF HEARINGS/MEETINGS in subsection (c) and in accordance with the Lewis and Clark National Historical Park in Act of June 14, 1926 (commonly known as the the States of Washington and Oregon, as de- COMMITTEE ON ENERGY AND NATURAL ‘‘Recreation and Public Purposes Act’’) (43 picted on the map. RESOURCES U.S.C. 869 et seq.), the Secretary shall con- (b) COMPONENTS.—The Park shall consist Mr. DOMENICI. Mr. President, I vey to Post No. 22, for no consideration, all of— would like to announce for the infor- right, title, and interest of the United States (1) the Memorial, including— mation of the Senate and the public in and to the parcel of land described in sub- (A) the site of the salt cairn (lot number 18, block 1, Cartwright Park Addition of Sea- that the oversight hearing regarding section (b). (b) DESCRIPTION OF LAND.—The parcel of side, Oregon) used by the Lewis and Clark the current status of the Hard Rock land referred to in subsection (b) is the par- Expedition; and Mining Industry in America previously cel of Bureau of Land Management land (B) portions of the trail used by the Lewis scheduled for Thursday, September 23, that— and Clark Expedition that led overland from at 10 a.m. in room SD–366 of the Dirk- (1) is bounded by Route 160, Bride Street, Fort Clatsop to the Pacific Ocean; sen Senate Office Building has been and Dandelion Road in Nye County, Nevada; (2) the parcels of land identified on the cancelled. (2) consists of approximately 4.5 acres of map as ‘‘Fort Clatsop 2002 Addition Lands’’; For further information, please con- land; and and (3) is more particularly described as a por- (3) the parcels of land located along the tact Dick Bouts at 202–224–7545 or Amy tion of the S 1⁄4 of section 29, T. 20 S., R. 54 lower Columbia River in the State of Wash- Millet at 202–224–8276. E., Mount Diablo and Base Meridian. ington that are associated with the arrival of f (c) CONDITION ON USE OF LAND.— the Lewis and Clark Expedition at the Pa- (1) IN GENERAL.—Post No. 22 and any suc- cific Ocean in 1805 and that are identified on AUTHORITY FOR COMMITTEES TO cessors of Post No. 22 shall use the parcel of the map as— MEET land described in section (b) for the construc- (A) ‘‘Station Camp’’; tion and operation of a post building and me- (B) ‘‘Clark’s Dismal Nitch’’; and COMMITTEE ON FINANCE morial park for use by Post No. 22, other vet- (C) ‘‘Cape Disappointment’’. Mr. SESSIONS. Mr. President, I ask erans groups, and the local community for (c) AVAILABILITY OF MAP.—The map shall unanimous consent that the Com- events and activities. be on file and available for public inspection

VerDate Aug 04 2004 01:49 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.038 S20PT1 September 20, 2004 CONGRESSIONAL RECORD — SENATE S9391 in the appropriate offices of the National comprehensive picture of the experiences of dition’ that is transferred under clause (i)(I) Park Service. the Lewis and Clark Expedition in the lower shall be subject to any easements that have (d) ACQUISITION OF LAND.— Columbia River area and to promote more been agreed to by the Secretary and the Sec- (1) IN GENERAL.—The Secretary may ac- efficient administration of the sites associ- retary of the Army.’’; quire land, an interest in land, and any im- ated with those experiences, the Secretary (B) in the second sentence, by striking provements to land located within the may, in accordance with section 3(l) of Pub- ‘‘The Secretary may also’’ and inserting the boundary of the Park. lic Law 91–383 (16 U.S.C. 1a–2(l)), enter into following: (2) MEANS.—Subject to paragraph (3), an cooperative management agreements with ‘‘(2) FRENCH QUARTER.—The Secretary acquisition of land under paragraph (1) may appropriate officials in the States of Wash- may’’; be made by donation, purchase with donated ington and Oregon. (C) in the third sentence, by striking or appropriated funds, exchange, transfer SEC. 6. REPEALS; REFERENCES. ‘‘Lands, waters, and interests therein’’ and from any Federal agency, or by any other (a) IN GENERAL.—Public Law 85–435 (72 inserting the following: means that the Secretary determines to be Stat. 153; 16 U.S.C. 450mm et seq.) is re- ‘‘(3) ACQUISITION OF STATE LAND.—Land, in the public interest. pealed. water, and interests in land and water’’; and (3) CONSENT OF OWNER.— (b) REFERENCES.—Any reference to Fort (D) in the fourth sentence, by striking ‘‘In (A) IN GENERAL.—Except as provided in Clatsop National Memorial in a law (includ- acquiring’’ and inserting the following: subparagraph (B), no land, interest in land, ing regulations), map, document, paper, or ‘‘(4) ACQUISITION OF OIL AND GAS RIGHTS.— or improvement to land to may be acquired other record shall be considered to be a ref- In acquiring’’; under paragraph (1) without the consent of erence to the Lewis and Clark National His- (2) by striking subsections (b) through (f) the owner. torical Park. and inserting the following: (B) EXCEPTION.—The corporately-owned timberland in the area described in sub- SEC. 7. AUTHORIZATION OF APPROPRIATIONS. ‘‘(b) RESOURCE PROTECTION.—With respect There are authorized to be appropriated section (b)(2) may be acquired without the to the land, water, and interests in land and consent of the owner. such sums as are necessary to carry out this water of the Barataria Preserve Unit, the Act. (4) MEMORANDUM OF UNDERSTANDING.—If Secretary shall preserve and protect— the owner of the timberland described in f ‘‘(1) fresh water drainage patterns; paragraph (2)(B) agrees to sell the JEAN LAFITTE NATIONAL HISTOR- ‘‘(2) vegetative cover; timberland to the Secretary either as a re- ICAL PARK AND PRESERVE ‘‘(3) the integrity of ecological and biologi- sult of a condemnation proceeding or with- cal systems; and out any condemnation proceeding, the Sec- BOUNDARY ADJUSTMENT ACT ‘‘(4) water and air quality.’’; and retary shall enter into a memorandum of un- OF 2004 (3) by redesignating subsection (g) as sub- derstanding with the owner with respect to On Wednesday, September 15, 2004, section (c). the manner in which the timberland is to be the Senate passed S. 2287, as follows: (c) HUNTING, FISHING, AND TRAPPING.—Sec- managed after acquisition of the timberland by the Secretary. S. 2287 tion 905 of the National Parks and Recre- (5) CAPE DISAPPOINTMENT.— Be it enacted by the Senate and House of Rep- ation Act of 1978 (16 U.S.C. 230d) is amended (A) TRANSFER.— resentatives of the United States of America in in the first sentence by striking ‘‘within the (i) IN GENERAL.—Subject to valid rights (in- Congress assembled, core area and on those lands acquired by the cluding withdrawals), the Secretary shall SECTION 1. SHORT TITLE. Secretary pursuant to section 902(c) of this transfer to the Director of the National Park This Act may be cited as the ‘‘Jean Lafitte title, he’’ and inserting ‘‘the Secretary’’. Service management of any Federal land at National Historical Park and Preserve (d) ADMINISTRATION.—Section 906 of the Na- Cape Disappointment, Washington, that is Boundary Adjustment Act of 2004’’. tional Parks and Recreation Act of 1978 (16 within the boundary of the Park. SEC. 2. JEAN LAFITTE NATIONAL HISTORICAL (ii) WITHDRAWN LAND.— PARK AND PRESERVE BOUNDARY U.S.C. 230e) is amended— (I) NOTICE.—The head of any Federal agen- ADJUSTMENT. (1) by striking the first sentence; and cy that has administrative jurisdiction over (a) IN GENERAL.—Section 901 of the Na- (2) in the second sentence, by striking withdrawn land at Cape Disappointment, tional Parks and Recreation Act of 1978 (16 ‘‘Pending such establishment and thereafter Washington, within the boundary of the U.S.C. 230) is amended in the second sentence the’’ and inserting ‘‘The’’. by striking ‘‘twenty thousand acres gen- Park shall notify the Secretary in writing if SEC. 3. REFERENCES IN LAW. the head of the Federal agency does not need erally depicted on the map entitled the withdrawn land. ‘Barataria Marsh Unit-Jean Lafitte National (a) IN GENERAL.—Any reference in a law (II) TRANSFER.—On receipt of a notice Historical Park and Preserve’ numbered (including regulations), map, document, under subclause (I), the withdrawn land shall 90,000B and dated April 1978,’’ and inserting paper, or other record of the United States— be transferred to the administrative jurisdic- ‘‘23,000 acres generally depicted on the map (1) to the Barataria Marsh Unit shall be tion of the Secretary, to be administered as entitled ‘Boundary Map, Barataria Preserve considered to be a reference to the Barataria part of the Park. Unit, Jean Lafitte National Historical Park Preserve Unit; or (B) MEMORIAL TO THOMAS JEFFERSON.— and Preserve’, numbered 467/80100, and dated (2) to the Jean Lafitte National Historical (i) IN GENERAL.—All withdrawals of the 20– August 2002,’’. Park shall be considered to be a reference to acre parcel depicted on the map as ‘‘Memo- (b) ACQUISITION OF LAND.—Section 902 of the Jean Lafitte National Historical Park rial to Thomas Jefferson’’ are revoked. the National Parks and Recreation Act of and Preserve. 1978 (16 U.S.C. 230a) is amended— (ii) ESTABLISHMENT.—The Secretary shall (b) CONFORMING AMENDMENTS.—Title IX of (1) in subsection (a)— establish a memorial to Thomas Jefferson on the National Parks and Recreation Act of the parcel referred to in clause (i). (A) by striking ‘‘(a) Within the’’ and all 1978 (16 U.S.C. 230 et seq.) is amended— (C) MANAGEMENT OF CAPE DISAPPOINTMENT that follows through the first sentence and (1) by striking ‘‘Barataria Marsh Unit’’ STATE PARK LAND.—The Secretary may enter inserting the following: each place it appears and inserting into an agreement with the State of Wash- ‘‘(a) IN GENERAL.— ‘‘Barataria Preserve Unit’’; and ington providing for the administration by ‘‘(1) BARATARIA PRESERVE UNIT.— (2) by striking ‘‘Jean Lafitte National His- the State of the land within the boundary of ‘‘(A) IN GENERAL.—The Secretary may ac- torical Park’’ each place it appears and in- the Park known as ‘‘Cape Disappointment quire any land, water, and interests in land serting ‘‘Jean Lafitte National Historical State Park’’. and water within the boundary of the Park and Preserve’’. SEC. 5. ADMINISTRATION. Barataria Preserve Unit, as depicted on the map described in section 901, by donation, (a) IN GENERAL.—The Secretary shall ad- The PRESIDING OFFICER. The Sen- purchase with donated or appropriated funds, minister the Park in accordance with— ator from Alaska. (1) this Act; and transfer from any other Federal agency, or (2) the laws generally applicable to units of exchange. the National Park System, including— ‘‘(B) LIMITATIONS.— f (A) the Act of August 25, 1916 (16 U.S.C. 1 et ‘‘(i) IN GENERAL.—With respect to the areas seq.); and on the map identified as ‘Bayou aux Carpes Addition’ and ‘CIT Tract Addition’— ORDER TO REQUEST FOR RETURN (B) the Act of August 21, 1935 (16 U.S.C. 461 OF PAPERS—H.R. 4567 et seq.). ‘‘(I) any Federal land acquired in the areas shall be transferred without consideration to (b) MANAGEMENT PLAN.—Not later than 3 Ms. MURKOWSKI. Mr. President, I years after funds are made available to carry the administrative jurisdiction of the Na- out this Act, the Secretary shall prepare an tional Park Service; and ask unanimous consent that the Sen- amendment to the general management plan ‘‘(II) any private land in the areas may be ate request the House to return the pa- for the Memorial to address the management acquired by the Secretary only with the con- pers with respect to H.R. 4567. of the Park. sent of the owner of the land. (c) COOPERATIVE MANAGEMENT AGREE- ‘‘(ii) EASEMENTS.—Any Federal land in the The PRESIDING OFFICER. Without MENTS.—To facilitate the presentation of a area identified on the map as ‘CIT Tract Ad- objection, it is so ordered.

VerDate Aug 04 2004 00:49 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.036 S20PT1 S9392 CONGRESSIONAL RECORD — SENATE September 20, 2004 COMMENDING JOHN W. KLUGE Whereas John W. Kluge’s deep belief in the table, the President be imme- human potential and creativity has quietly diately notified of the Senate’s action, Ms. MURKOWSKI. Mr. President, I helped extend educational opportunity ask unanimous consent that the Sen- and the Senate resume legislative ses- through scholarships and other support of sion. ate proceed to the immediate consider- important civic causes; ation of S. Con. Res. 138 which was sub- Whereas John W. Kluge’s wise counsel and The PRESIDING OFFICER. The Sen- mitted earlier today by Senator STE- leadership as the founding chairman of the ator from Nevada. VENS. Library of Congress’s first private sector Mr. REID. Mr. President, I guard the The PRESIDING OFFICER. The philanthropic organization, the James Madi- nomination process as well as anybody. clerk will report the concurrent resolu- son Council, have inspired many others to I have had difficulty with someone who join in support of the Library of Congress’s we have tried to put on the Nuclear tion by title. programs and initiatives; The legislative clerk read as follows: Regulatory Commission for a year and Whereas John W. Kluge has established an a half. I have recognized that by mak- A concurrent resolution (S. Con. Res. 138) endowed program at the Library of Congress commending John W. Kluge for his dedica- to bring leading senior scholars and junior ing sure that certain people the admin- tion and commitment to the United States fellows from around the world to the Library istration wants do not go through. But on the occasion of his 90th birthday. to use its great collections and to interact I have not held up what I think are Mr. REID. Reserving the right to ob- with the members and staff of Congress; nominations important to the national ject—and I will not object—I ask unan- Whereas John W. Kluge has generously defense and welfare of our country, imous consent to be added as a cospon- supported the first Nobel-level award for life- generally speaking. time scholarly achievement in the study of sor of the concurrent resolution. We have a number of people, as indi- the human sciences; cated by the acting leader at this time, The PRESIDING OFFICER. Without Whereas John W. Kluge has generously objection, it is so ordered. supported the creation of advanced training Senator MURKOWSKI, being discharged Mr. REID. I served for some time as for library leaders of the 21st century from the Foreign Relations Com- chairman of the Appropriations Sub- through a Leadership Development Program mittee. There is one person, though, on committee on the Legislative branch. at the Library of Congress; and the list by the name of James B. During those years, there was an effort Whereas John W. Kluge has inspired the Cunningham, a career member of the made to cut funding for the Library of people of the United States by his example of senior foreign service, to be appointed Congress. I became an expert on fund- support for programs that educate and equip to the Atomic Energy Agency with the individuals for responsible and productive rank of Ambassador. There is a hold on ing for the Library of Congress. We citizenship: Now, therefore, be it were able to overcome the objections of Resolved by the Senate (the House of Rep- this. This man would represent the those who thought the Library of Con- resentatives concurring), That Congress— United States on this most important gress should be made different than it (1) commends John W. Kluge for his dedica- entity. now is. But during that period of time, tion and commitment to the United States; The news in the last months has been I met John Kluge. John Kluge is a man (2) expresses, on the occasion of John W. dealing with Iran and what they are who has made lots of money in the free Kluge’s 90th birthday, its sincere apprecia- doing and not doing with their nuclear enterprise system of our country. But tion and admiration for his example of phi- program. We need this man on a daily lanthropy and public service to the people of basis doing what he needs to do to pro- he has dedicated large amounts of his the United States; and fortune to the Library of Congress. (3) directs the Secretary of the Senate to tect the interests of not only the I am so glad Senator STEVENS sub- transmit a copy of this resolution to John W. United States but the world with this mitted a resolution commemorating Kluge. burgeoning problem we have with nu- the birthday of this great American. f clear materials. Because of his being such a fine man There is a hold by the majority on APPOINTMENTS and recognizing the importance of the this nomination. I think it is wrong. I Library of Congress, the greatest li- The PRESIDING OFFICER. The will not mention the name of the Sen- brary in the history of the world, many Chair, on behalf of the Majority Lead- ator who has a hold, but it should be people will benefit from his efforts. er, pursuant to Public Law 108–132, Sec- taken off. It is not good for the country I withdraw my reservation of objec- tion 128, appoints the following indi- or for the world. tion. vidual to the Commission on Review of Having said that, I have no objection There being no objection, the Senate Overseas Military Facility Structure of to the request of the Senator from proceeded to consider the concurrent the United States: Admiral Anthony A. Alaska. resolution. Less of Virginia. The PRESIDING OFFICER. Without Ms. MURKOWSKI. Mr. President, I The Chair, on behalf of the Demo- objection, the request is agreed to. ask unanimous consent that the reso- cratic Leader, after consultation with The nominations, considered and lution be agreed to, the preamble be the Ranking Member of the Senate confirmed, are as follows: agreed to, the motion to reconsider be Committee on Finance, pursuant to DEPARTMENT OF STATE laid upon the table, and that any state- Public Law 106–170, appoints the fol- Stuart W. Holliday, of Texas, to be an Al- ments relating to this matter be print- lowing individual, Andrew J. Imparato, ternate Representative of the United States ed in the RECORD. of Maryland, to serve as a member of of America to the Sessions of the General The PRESIDING OFFICER. Without the Ticket to Work and Work Incentive Assembly of the United Nations during his objection, it is so ordered. Advisory Panel. tenure of service as Alternate Representa- tive of the United States of America for Spe- The concurrent resolution (S. Con. f Res. 138) was agreed to. cial Political Affairs in the United Nations. The preamble was agreed to. EXECUTIVE SESSION Patrick J. Leahy, of Vermont, to be a Rep- resentative of the United States of America The concurrent resolution, with its to the Fifty-ninth Session of the General As- preamble, reads as follows: NOMINATIONS DISCHARGED sembly of the United Nations. S. CON. RES. 138 John E. Sununu, New Hampshire, to be a Ms. MURKOWSKI. Mr. President, as Whereas John W. Kluge has combined a Representative of the United States of Amer- unique history of American entrepreneurship in executive session, I ask unanimous ica to the Fifty-ninth Session of the General with pioneering contributions to philan- consent that the Foreign Relations Assembly of the United Nations. thropy, electronic education, and television Committee be discharged from further AGENCY FOR INTERNATIONAL DEVELOPMENT and radio broadcasting; consideration of the following nomina- Jacqueline Bell, of Maryland Whereas John W. Kluge is a dedicated pa- tions: JOHN SUNUNU, PN 1951; PATRICK For appointment as Foreign Service Offi- triot who served his country well as an Army LEAHY, PN 1950; Stuart Holliday, PN cers of Class Three, Consular Officer and intelligence officer during World War II; 1131; and the foreign service nomina- Secretary in the Diplomatic Service of the Whereas John W. Kluge’s commitment to tions list, PN 1828, which is at the desk. United States of America: public service has made him one of the most esteemed and generous benefactors of edu- I further ask unanimous consent that AGENCY FOR INTERNATIONAL DEVELOPMENT cation, and has brought him the admiration the Senate proceed to their consider- Zac T. Bao, of Florida and gratitude of the people of the United ation, the nominations be confirmed, George H. Buzby, of Florida States; the motions to reconsider be laid upon Thomas L. McClanahan, of Colorado

VerDate Aug 04 2004 01:49 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\G20SE6.035 S20PT1 September 20, 2004 CONGRESSIONAL RECORD — SENATE S9393 John P. Nicholson, of Florida sular Officers and Secretaries in the Diplo- Jeffrey Michael Loree, of the District of Co- John D. Vernon, of Virginia matic Service of the United States of Amer- lumbia Terry G. Youngblood, of Texas ica: Adham Zibas Loutfi, of California DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE Katherine M.F. Lowndes, of Virginia Christopher R. Quinlivan, of Washington Geoffrey S. Bogart, of California Rose A. Manor, of Virginia John A. Marcinek, of Virginia DEPARTMENT OF STATE Val E. Huston, of Indiana Michael H. Margolies, of Louisiana Katelyn Choe, of Florida Justin D. Mylroie, of Washington Christopher D. Woosley, of Virginia Ann L. Mason, of Michigan Lynn M. Ferenc, of Florida Josiah D. Mayne, of Virginia DEPARTMENT OF STATE For appointment as Foreign Service Offi- John William McClure, of Virginia cers of Class Four, Consular Officer and Sec- Jason Andrew Abell, of Illinois James P. McDonald, of Massachusetts retary in the Diplomatic Service of the Angela C. Alexander, of Virginia Bernadette M. Meehan, of New York United States of America: Anthony Alexander, of California Laura P. Merkle, of Virginia DEPARTMENT OF STATE Christopher C. Allison, of Missouri Gregory C. Morris, of Virginia Faris Y. Asad, of Ohio Alicia P. Allison, of the District of Columbia James M. Morris, of Massachusetts Benjamin S. Bailey, of Washington Heather Mulvenna, of Virginia Joseph Ray Babb, of California Anne Elizabeth Baker, of Pennsylvania Juliana Kinal Ballard, of the District of Co- Junaid Munir, of Michigan Erin C. Barcus, of Maryland Fahez A. Nadi, of New York lumbia Alistair C. Baskey, of the District of Colum- Dana Lynn Banks, of Pennsylvania David C. Ng, of Arizona bia Sadia Niazi, of Virginia Alexander Lucian Barrasso, of the District of Matthew Harold Blong, of Maryland Marlene E. Olsen, of Florida Columbia Scott Charles Bolz, of Washington Trevor R. Olson, of Idaho Rois Meghan Beal, of Georgia Pauline N. Borderies, of Virginia Adam Packer, of the District of Columbia Scott A. Blomquist, of Florida Jennifer F. Bosworth, of the District of Co- Christine D. Parker, of Illinois Tomekah L. Burl, of Arkansas lumbia Vanessa M. Paulos, of Texas Yan Chang, of Georgia Ryan E. Bowles, of Minnesota Dexter C. Payne, of Virginia John Reid Crosby, of Texas Tobias Alyn Bradford, of Texas Elizabeth Lynne Perry, of Massachusetts Mary Eileen Daschback, of New Hampshire Robin S. Brooks, of Colorado Michael E. Pignatello, of Nevada Gene J. Del Bianco, of Massachusetts Justin Patrick Brown, of California Matthew P. Politte, of Virginia Bradley Richard Evans, of Texas Timothy Patrick Buckley, of New York Fiona Scholand Evans, of Texas Todd A. Campbell, of Illinois Mauricio H. Puerto, of Virginia Dan O. Fulwiler, of Washington Cheryl Barnes Carson, of Virginia Helaena W. Rathore, of Tennessee Ann Elise Gabrielson, of Minnesota Christopher James Chaisson, of Virginia Nazima H. Razick, of Virginia Michelle Marie Gidaspova, of New York Min Chang, of California Kelsey Thomas Rideout, of Virginia David Lindgren Gehrenbeck, of Rhode Island Alice Ruth Chu, of Virginia Ryan J. Roberts, of Texas Stephen P. Goldrup, of California Theodore H. Clark, of Virginia Jeff Rotering, of Kansas John Gorkowski, of Virginia Elise C. Cocke, of the District of Columbia Lenore Marie Santone, of Virginia Christopher Lee Green, of Texas John D. Culp, of Virginia Julie Michelle Schohn, of North Carolina Daniel O’Connell Hamilton, of Missouri Kim D’Auria-Vazira, of California Mahvash Siddiqui, of California Patrick N. Hanish, of Washington Mark G. Davenport, of Virginia Daniel E. Slaven, of Texas Margaret Reiko Hartley, of California Erfana S. Dar, of Washington Patrick T. Slowinski, of Utah Ida Eve Heckenbach, of Louisiana Timmy T. Davis, of Mississippi Alyssa Smith, of the District of Columbia Janelle S. Hironimus, of California Gregory W. Deputy, of Virginia William H. Steele Jr., of Florida Joey Robert Hood, of New Hampshire David Dolaher, of Virginia William B. Stevens, of Virginia Patrick Wynters Hornbuckle, of New York Andrea Susana Martinez Donnally, of Texas Brian K. Stimmler, of New Jersey Darragh Jones, of Oregon Jed Taro Dornburg, of the District of Colum- Amy L. Storrow, of Texas Dennis T.P. Keene, of Florida bia Rachel Elizabeth Subler, of Virginia Robert L. Kingman, of Washington Julie A. Eadeh, of Michigan Karan Elizabeth Swaner, of Virginia Laura Hope Kirkpatrick, of Virginia Michael G. Edwards, of Washington B. Richard Switzer, of Virginia James Gordon Land, of Florida Richard J. Faillace, of New Jersey Dmitri Tarakhovsky, of Michigan Kamal Imhotep Latham, of New York Maha Gamal Farid, of the District of Colum- Shawn Harris Tribe, of California Claire Le Claire, of Minnesota bia Karen K. Tsai, of New York Jason Ross Mack, of New York Sita M. Farrell, of Virginia Frank F. Tu, of California Bettina Anne Malone, of Virginia Yuriy R. Fedkiw, of Ohio Dillon R. Twombly, of Virginia Tyler L. Mason, of New York Julia C. Fendrick, of Maryland Kevin D. Vail, of Virginia Gregory Charles May, of Texas Mary Ann Freeman, of California Kevin A. Vaillancourt, of Virginia Kara Cherise McDonald, of Virginia Enrique Rodrigo Gallego, of Illinois Perry M. Venturini, of Virginia John W. McIntyre, of Missouri Julie C. Gibson, of Virginia Scott Lee Whitmore, of Massachusetts Emily Ann Mestetsky, of New Jersey Alexander Paul Gogulski, of Virginia Brendan R. Whitworth, of Virginia Shante J. Moore, of Michigan Matthew B. Golden, of California Patrick C. Williams III, of West Virginia Carla J. Mudgett, of Vermont Lynnette Lynn Gordon, of Texas Mamie Willis, of Virginia Adrienne B. Nutzman, of Texas John Harrison Gregg, of Alabama Woods, Jody L., of Virginia Nicholas Papp III, of Florida Linda A. Gregus, of Virginia Elizabeth L. Woudenberg, of Maryland Susan Parker-Burns, of Massachusetts John Arthur Haid, of Virginia Carson H. Wu, of Michigan Jonathan P. Post, of California Matthew S. Hand, of Virginia Baimba M. Yilla, of Virginia Gabrielle M. Price, of Pennsylvania Alexander Keith Hardin, of Ohio Michael H. Young, of California Marco Glen Prouty, of Washington Gayle R. Harnest, of Virginia Alexander Yuan, of New York Daniel J. Ricci, of California Anbereen Hasan, of Virginia Jim Zix, of Oregon John G. Robinson, of Mississippi Priscilla Ann Hernandez, of Texas The PRESIDING OFFICER. The Peter A. Schroeder, of Washington Tracy E. Hill, of the District of Columbia President will be notified of the Sen- Marc London Shaw, of Missouri Julius E. Hoffman Jr., of the District of Co- ate’s action. Andrew Kenneth Sherr, of Colorado lumbia Jefferson David Smith, of Texas Michael John Hougaard, of Virginia f Timothy Lyle Smith, of Michigan Kevin E. Hulbert, of the District of Columbia Timothy M. Standaert, of Florida Aaron L. Hummeldorf, of Virginia NOMINATION PLACED ON Daniel Alexander Stewart, of Virginia Jerry Ismail, of New York CALENDAR—PN–1267 Tom S. Targos, of Wisconsin Robert A. Ivey, of Virginia Timothy P. Trenkle, of Kansas Joseph Samuel Jacanin, of Virginia Ms. MURKOWSKI. Mr. President, as Joseph Finch Trimble Jr., of Texas Dayle Rebecca Johns, of Texas in executive session, I ask unanimous David Nathaniel Gartland Whiting, of South Matthew P. Johnson, of Virginia consent that the Governmental Affairs Dakota Todd M. Katschke, of the District of Colum- Committee be discharged from further Dana Renee Williams, of Texas bia consideration of the nomination of Neil Michelle Elizabeth Wollam, of California Pamela R. Kazi, of Minnesota McPhie, PN–1267, and further that the Eboni York, of Michigan Charles J. Kelly, of Virginia The following-named Members of the For- Stephen Gyula Kovacsics, of Florida nomination be placed on the Executive eign Service to be Consular Officers and/or Eric J. Kramp, of Florida Calendar. Secretaries in the Diplomatic Service of the Coby Dawne Lastuka, of Washington The PRESIDING OFFICER. Without United States of America, as indicated: Con- Thaddeus C. Law, of Virginia objection, it is so ordered.

VerDate Aug 04 2004 01:49 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\A20SE6.041 S20PT1 S9394 CONGRESSIONAL RECORD — SENATE September 20, 2004 LEGISLATIVE SESSION DEPARTMENT OF STATE MARK VAN WAES WILLIAM W PIERCE III The PRESIDING OFFICER. The Sen- SUSAN L. MOORE, OF TEXAS, TO BE AN ALTERNATE RICHARD E HESTER JR. REPRESENTATIVE OF THE UNITED STATES OF AMERICA JEFFREY C TAYLOR ate will now return to legislative ses- TO THE FIFTY–NINTH SESSION OF THE GENERAL ASSEM- NOAH LAWRENCE–SLAVAS sion. BLY OF THE UNITED NATIONS. NICHOLAS J CHROBAK BERYL A. HOWELL, OF THE DISTRICT OF COLUMBIA, TO ERIK M EILERS f BE A MEMBER OF THE UNITED STATES SENTENCING COMMISSION FOR THE REMAINDER OF THE TERM EXPIR- To be lieutenant (junior grade) ORDERS FOR TUESDAY, ING OCTOBER 31, 2005, VICE DIANA E. MURPHY, RESIGNED. WILLIAM D WHITMORE SEPTEMBER 21, 2004 NATIONAL OCEANIC AND ATMOSPHERIC DOUGLAS E MACINTYRE Ms. MURKOWSKI. Mr. President, I ADMINISTRATION SARAH L DUNSFORD SARAH K MROZEK ask unanimous consent that when the SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE JOSHUA D BAUMAN Senate completes its business today, it FOLLOWING FOR PERMANENT APPOINTMENT TO THE KATHREINE R PEET GRADES INDICATED IN THE NATIONAL OCEANIC AND AT- MICHAEL G LEVINE adjourn until 9:45 a.m. on Tuesday, MOSPHERIC ADMINISTRATION: BRYAN R WAGONSELLER September 21. I further ask that fol- To be captain NICOLE M MANNING ALLISON B MELICHAREK lowing the prayer and the pledge, the JONATHAN W BAILEY JESSICA M FUTCH morning hour be deemed to have ex- TIMOTHY B WRIGHT EARL M SPENCER GARNER R YATES JR. JEFFREY D SHOUP pired, the Journal of the proceedings be STEVEN R BARNUM HECTOR L CASANOVA approved to date, the time for the two RICHARD S BROWN AMANDA M BITTINGER CRAIG N MCLEAN ERIC T JOHNSON leaders be reserved for their use later PHILIP M KENUL JASPER D SCHAER in the day, and the Senate begin a pe- JON E RIX JESSICA E DAUM STEPHEN A KOZAK AMANDA M MIDDLEMISS riod of morning business, for state- SEAN R WHITE NATASHA R DAVIS ments only, for up to 60 minutes, with STEVEN A THOMPSON LUKE J SPENCE the first half hour of time under the KENNETH W BARTON JOHN J LOMNICKY JOHN E LOWELL JR. LUNDY E PIXTON control of the Democratic leader or his EMILY B CHRISTMAN MATTHEW R RINGEL designee, and the remaining time under ERICH J BOHABOY To be commander LINDSAY R KURELJA the control of the majority leader or ANDREW L BEAVER PATRICK D DIDIER his designee. RAYMOND C SLAGLE AMY M DANIEL I further ask unanimous consent that JOHN E HERRING MISTY M WATSON CHRISTOPHER S MOORE KELLY E STROUD following the aforementioned 60 min- WILLIAM B KEARSE RICHARD A EDMUNDSON utes, the period of morning business for THOMAS G CALLAHAN SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE STACY L BIRK–RISHEIM debate only then be extended for an ad- FOLLOWING FOR PERMANENT APPOINTMENT TO THE PHILIP S HILL GRADES INDICATED IN THE NATIONAL OCEANIC AND AT- ditional 120 minutes, with the next 60 MATTHEW H PICKETT MOSPHERIC ADMINISTRATION: minutes under the control of the GUY T NOLL JAMES S VERLAQUE To be lieutenant Democratic leader or his designee, and JAMES R MEIGS the final 60 minutes under the control THOMAS E STRONG TIMOTHY J GALLAGHER CHRISTOPHER A BEAVERSON MATTHEW J WINGATE of the majority leader or his designee. CARL R GROENEVELD DAVID O NEANDER To be ensign I further ask that following the time MICHAEL S DEVANY assigned for morning business, the Sen- ANDREA M HRUSOVSKY LEAH A HARMAN ate recess until 2:15 p.m. for the weekly JULIA N NEANDER MICHAEL C DAVIDSON DONALD W HAINES JASON R MANSOUR party lunches. MICHELE A FINN DAVID E FISCHMAN The PRESIDING OFFICER. Without To be lieutenant commander MICHAEL J STEVENSON objection, it is so ordered. BRIANA J WELTON JAMES A BUNN II ABIGAIL S HIGGINS f ANNE K LYNCH SILAS M AYERS KARL F MANGELS PAUL A HOUSEHOLDER PROGRAM STEPHEN J THUMM BRENT J POUNDS ANITA L LOPEZ AMANDA L GOELLER Ms. MURKOWSKI. Mr. President, for MARK J BOLAND SARAH E JACKSON JEFFREY C HAGAN TRI M NGUYEN the information of all Senators, the JOHN K LONGENECKER TIMOTHY D SALISBURY Senate will be in morning business DEBORA R BARR NICOLA SAMUELSON MICHAEL L HOPKINS BENJAMIN S SNIFFEN until the weekly party lunches. ERIC W BERKOWITZ MARK A BLANKENSHIP Tomorrow afternoon, the Senate will JON D SWALLOW FIONNA J MATHESON take up the Legislative Branch appro- JOSEPH A PICA JONATHAN E TAYLOR MICHAEL J HOSHLYK ANDREW P HALBACH priations bill. Under the previous RICARDO RAMOS NATHAN S PRIESTER agreement, there will be 1 hour of de- GREGORY G GLOVER WILLIAM I WELLS KEITH W ROBERTS SARAH K JONES bate on the bill, followed by a vote on PHILIP G HALL PATRICK L MURPHY passage. Therefore, Senators should ex- WILLIAM R ODELL STEPHEN P BARRY BRIAN W PARKER COLIN D LITTLE pect the first vote of tomorrow’s ses- JOHN T CASKEY BERNERD R ARCHER sion to occur sometime tomorrow TODD A HAUPT CECILE R DANIELS afternoon. LAWRENCE T KREPP f f JAMES M CROCKER CARL E NEWMAN SHEPARD M SMITH CONFIRMATIONS ADJOURNMENT UNTIL 9:45 A.M. TODD A BRIDGEMAN TOMORROW EDWARD J VAN DEN AMEELE Executive nominations confirmed by To be lieutenant Ms. MURKOWSKI. Mr. President, if the Senate September 20, 2004: there is no further business to come be- THOMAS J PELTZER MARK S MOSER DEPARTMENT OF STATE fore the Senate, I ask unanimous con- JASON M SEIFERT sent that the Senate stand in adjourn- KEVIN J SLOVER STUART W. HOLLIDAY, OF TEXAS, TO BE AN ALTER- ment under the previous order. HOLLY A DEHART NATE REPRESENTATIVE OF THE UNITED STATES OF JASON A APPLER AMERICA TO THE SESSIONS OF THE GENERAL ASSEMBLY There being no objection, the Senate, KRISTIE J TWINING OF THE UNITED NATIONS DURING HIS TENURE OF SERV- at 6:32 p.m., adjourned until Tuesday, FRANK K DREFLAK ICE AS ALTERNATE REPRESENTATIVE OF THE UNITED BENJAMIN K EVANS STATES OF AMERICA FOR SPECIAL POLITICAL AFFAIRS September 21, 2004, at 9:45 a.m. JEREMY B WEIRICH IN THE UNITED NATIONS. WILLIAM P MOWITT PATRICK J. LEAHY, OF VERMONT, TO BE A REPRESENT- f DOUGLAS J KRAUSE ATIVE OF THE UNITED STATES OF AMERICA TO THE NICOLE M CABANA FIFTY-NINTH SESSION OF THE GENERAL ASSEMBLY OF NOMINATIONS RUSSELL G HANER THE UNITED NATIONS. Executive nominations received by the JONATHAN B NEUHAUS JOHN E. SUNUNU, OF NEW HAMPSHIRE, TO BE A REP- NICHOLAS J TOTH RESENTATIVE OF THE UNITED STATES OF AMERICA TO Senate September 20, 2004: ANDREW A HALL THE FIFTY-NINTH SESSION OF THE GENERAL ASSEMBLY DEPARTMENT OF THE TREASURY CATHERINE A MARTIN OF THE UNITED NATIONS. JEFFREY R JUDAS FOREIGN SERVICE NOMINATIONS BEGINNING JAC- JESUS H. DELGADO–JENKINS, OF ILLINOIS, TO BE AN STEPHANIE A KOES QUELINE BELL AND ENDING JIM ZIX, WHICH NOMINA- ASSISTANT SECRETARY OF THE TREASURY, VICE TE- DANIEL M SIMON TIONS WERE RECEIVED BY THE SENATE AND APPEARED RESA M. RESSEL, RESIGNED. JOHN A CROFTS IN THE CONGRESSIONAL RECORD ON JULY 19, 2004.

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SENATE COMMITTEE MEETINGS for operation of State high risk health SEPTEMBER 24 Title IV of Senate Resolution 4, insurance pools, S. 1217, to direct the 9 a.m. agreed to by the Senate on February 4, Secretary of Health and Human Serv- Environment and Public Works ices to expand and intensify programs 1977, calls for establishment of a sys- Fisheries, Wildlife, and Water Sub- with respect to research and related ac- committee tem for a computerized schedule of all tivities concerning elder falls, S. 2526, To hold oversight hearings to examine meetings and hearings of Senate com- to reauthorize the Children’s Hospitals State and private programs for sage mittees, subcommittees, joint commit- Graduate Medical Education Program, grouse conservation. tees, and committees of conference. S. Res. 389, expressing the sense of the SD–406 This title requires all such committees Senate with respect to prostate cancer 9:30 a.m. to notify the Office of the Senate Daily information, and other pending legisla- Foreign Relations Digest—designated by the Rules Com- tion and pending nominations. To hold hearings to examine the Pro- mittee—of the time, place, and purpose SD–430 tocol Amending the Convention Be- Joint Economic Committee tween the United States of America of the meetings, when scheduled, and and the Kingdom of the Netherlands To hold hearings to examine consumer any cancellations or changes in the for the Avoidance of Double Taxation choice and addressing ‘‘adverse selec- meetings as they occur. and the Prevention of Fiscal Evasion tion’’ concerns with regard to health As an additional procedure along with Respect to Taxes on Income (in- with the computerization of this infor- insurance. cluding exchange of notes with at- mation, the Office of the Senate Daily SD–628 tached Understanding), signed at Wash- Digest will prepare this information for 2 p.m. ington on March 8, 2004 (the ‘‘Pro- Banking, Housing, and Urban Affairs printing in the Extensions of Remarks tocol’’) (Treaty Doc. 108–25), and the To hold hearings to examine the condi- Second Protocol Amending the Conven- section of the CONGRESSIONAL RECORD tion and regulation of the insurance in- tion Between the United States of on Monday and Wednesday of each dustry. America and Barbados for the Avoid- week. SD–538 ance of Double Taxation and the Pre- Meetings scheduled for Tuesday, Sep- 2:30 p.m. vention of Fiscal Evasion with Respect tember 21, 2004 may be found in the Foreign Relations to Taxes on Income Signed on Decem- Daily Digest of today’s RECORD. To hold hearings to examine the nomina- ber 31, 1984, signed at Washington on MEETINGS SCHEDULED tions of Lloyd O. Pierson, of Virginia, July 14, 2004; including an exchange of to be an Assistant Administrator of the notes with attached Understandings United States Agency for International (Treaty Doc. 108–26). SEPTEMBER 22 Development, and a Member of the SD–419 9:30 a.m. Board of Directors of the African De- Commerce, Science, and Transportation velopment Foundation. SEPTEMBER 28 Business meeting to consider pending SD–419 2:30 p.m. calendar business. 3:30 p.m. Foreign Relations SR–253 Judiciary To hold hearings to examine how to com- Indian Affairs bat corruption in the multilateral de- Business meeting to consider pending To hold hearings to examine pending ju- dicial nominations. velopment banks. calendar business; to be followed by an SD–419 oversight hearing on the contributions SD–226 of Native American code talkers in SEPTEMBER 29 American military history. SEPTEMBER 23 9:30 a.m. SD–562 9 a.m. Indian Affairs Judiciary Judiciary Business meeting to consider pending To hold hearings to examine Business meeting to consider pending calendar business; to be followed by an counterterrorism legislation and pro- calendar business. oversight hearing on lobbying practices posals, including the USA PATRIOT SD–226 involving Indian tribes. ACT (P.L. 107–56), and the SAFE Act. 9:30 a.m. SH–216 SD–226 Appropriations 10 a.m. Labor, Health and Human Services, and OCTOBER 5 Appropriations Education Subcommittee To hold hearings to examine the 9/11 9:30 a.m. To hold hearings to examine National Commission intelligence recommenda- Foreign Relations Labor Relations Board issues. tions. To hold hearings to examine the progress SH–216 SD–192 of the Millennium Challenge Corpora- Governmental Affairs 2 p.m. tion. Business meeting to continue markup of Health, Education, Labor, and Pensions SD–419 the proposed National Intelligence Re- To hold hearings to examine the role of prescription drug monitoring pro- form Act. CANCELLATIONS SD–342 grams. Health, Education, Labor, and Pensions SD–430 Business meeting to consider S. 2686, to 2:30 p.m. SEPTEMBER 23 amend the Carl D. Perkins Vocational Armed Services 10 a.m. and Technical Education Act of 1998 to To hold hearings to examine the Global Energy and Natural Resources improve the Act, S. 518, to increase the Posture Review of United States mili- To hold hearings to examine the current supply of pancreatic islet cells for re- tary forces stationed overseas. status of the Hard Rock Mining Indus- search, to provide better coordination SH–216 try in America, focusing on a status of Federal efforts and information on and trend analysis, a review of domes- islet cell transplantation, and to col- tic mineral reserves, a summary on ex- lect the data necessary to move islet ploration investments and current pro- cell transplantation from an experi- duction as well as permitting and rec- mental procedure to a standard ther- lamation issues. apy, S. 2283, to extend Federal funding SD–366

∑ 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.

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HIGHLIGHTS Senate passed H.R. 4837, Military Construction Appropriations. Senate improve and extend certain authorities relating to Chamber Action the administration or benefits for veterans, with an Routine Proceedings, pages S9365–S9394 amendment in the nature of a substitute. (S. Rept. Measures Introduced: Four bills and one resolution No. 108–352) Pages S9385–86 were introduced, as follows: S. 2813–2816, and S. Measures Passed: Con. Res. 138. Page S9386 Military Construction Appropriations: By a Measures Reported: unanimous vote of 91 yeas (Vote No. 185), Senate S. 1211, to further the purposes of title XVI of passed H.R. 4837, making appropriations for mili- the Reclamation Projects Authorization and Adjust- tary construction, family housing, and base realign- ment Act of 1992, the ‘‘Reclamation Wastewater ment and closure for the Department of Defense for and Groundwater Study and Facilities Act’’, by di- the fiscal year ending September 30, 2005. recting the Secretary of the Interior to undertake a Pages S9373–77, S9375 demonstration program for water reclamation in the Senate insisted on its amendment, requested a Tularosa Basin of New Mexico, with an amendment in the nature of a substitute. (S. Rept. No. 108–347) conference with the House thereon, and the Chair appointed the following conferees on the part of the S. 1230, to provide for additional responsibilities for the Chief Information Officer of the Department Senate: Senators Hutchison, Burns, Craig, DeWine, of Homeland Security relating to geospatial informa- Brownback, Stevens, Feinstein, Inouye, Johnson, tion, with an amendment in the nature of a sub- Landrieu, and Byrd. Page S9377 stitute. (S. Rept. No. 108–348) Commending John W. Kluge: Senate agreed to S. S. 2347, to amend the District of Columbia Col- Con. Res. 138, commending John W. Kluge for his lege Access Act of 1999 to permanently authorize dedication and commitment to the United States on the public school and private school tuition assist- the occasion of his 90th birthday. Page S9392 ance programs established under the Act, with an Department of Homeland Security Appropria- amendment. (S. Rept. No. 108–349) tions—Agreement: A unanimous-consent agree- S. 2536, to enumerate the responsibilities of the ment was reached providing that the Senate request Officer for Civil Rights and Civil Liberties of the the House of Representatives return the papers with Department of Homeland Security, to require the In- respect to H.R. 4567, making appropriations for the spector General of the Department of Homeland Se- curity to designate a senior official to investigate Department of Homeland Security for the fiscal year civil rights complaints, with an amendment. (S. ending September 30, 2005. Page S9391 Rept. No. 108–350) APPOINTMENTS: S. 2483, to increase, effective as of December 1, Commission on Review of Overseas Military Fa- 2004, the rates of compensation for veterans with cility Structure of the United States: The Chair, on service-connected disabilities and the rates of de- behalf of the Majority Leader, pursuant to Public pendency and indemnity compensation for the sur- Law 108–132, Section 128, appointed the following vivors of certain disabled veterans. (S. Rept. No. individual to the Commission on Review of Overseas 108–351) Military Facility Structure of the United States: Ad- S. 2486, to amend title 38, United States Code, miral Anthony A. Less, of Virginia. Page S9392 to improve and enhance education, housing, employ- ment, medical, and other benefits for veterans and to D910

VerDate Aug 04 2004 05:26 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D20SE4.REC D20SE4 September 20, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D911 Ticket to Work and Work Incentives Advisory Routine lists in the National Oceanic and Atmos- Panel: The Chair, on behalf of the Democratic Lead- pheric Administration. Page S9394 er, after consultation with the Ranking Member of Nominations Discharged: The following nomina- the Senate Committee on Finance, pursuant to Pub- tions were discharged from further committee con- lic Law 106–170, appointed the following indi- sideration and placed on the Executive Calendar: vidual, Andrew J. Imparato, of Maryland, to serve as Patrick P. O’Carroll, Jr., of Maryland, to be In- a member of the Ticket to Work and Work Incen- spector General, Social Security Administration, tives Advisory Panel. Page S9392 which was sent to the Senate on April 8, 2004, from Messages from the President: Senate received the the Senate Committee on Governmental Affairs. following message from the President of the United Neil McPhie, of Virginia, to be a Member of the States: Merit Systems Protection Board for the term of Transmitting, pursuant to law, an Executive seven years expiring March 1, 2009, which was sent Order that terminates the emergency declared in Ex- to the Senate on January 26, 2004, from the Senate ecutive Order 12543 with respect to the policies and Committee on Governmental Affairs. Page S9386 actions of the government of Libya and revokes re- Messages From the House: Page S9383 lated Executive Orders; which was referred to the Enrolled Bills Presented: Page S9383 Committee on Banking, Housing, and Urban Affairs. (PM–94) Page S9383 Executive Communications: Pages S9383–85 Nominations Confirmed: Senate confirmed the fol- Additional Cosponsors: Pages S9386–87 lowing nominations: Statements on Introduced Bills/Resolutions: Stuart W. Holliday, of Texas, to be an Alternate Pages S9387–90 Representative of the United States of America to Additional Statements: Pages S9380–83 the Sessions of the General Assembly of the United Nations during his tenure of service as Alternate Notices of Hearings/Meetings: Page S9390 Representative of the United States of America for Authority for Committees to Meet: Page S9390 Special Political Affairs in the United Nations. (Prior Record Votes: One record vote was taken today. to this action, Committee on Foreign Relations was (Total—185) Page 9375 discharged from further consideration.) Patrick J. Leahy, of Vermont, to be a Representa- Adjournment: Senate convened at 2 p.m., and ad- journed at 6:32 p.m., until 9:45 a.m., on Tuesday, tive of the United States of America to the Fifty- September 21, 2004. (For Senate’s program, see the ninth Session of the General Assembly of the United remarks of the Acting Majority Leader in today’s Nations. (Prior to this action, Committee on Foreign Record on page S9394.) Relations was discharged from further consideration.) John E. Sununu, of New Hampshire, to be a Rep- resentative of the United States of America to the Committee Meetings Fifty-ninth Session of the General Assembly of the United Nations. (Prior to this action, Committee on (Committees not listed did not meet) Foreign Relations was discharged from further con- BUSINESS MEETING sideration.) Committee on Finance: Committee ordered favorably A routine list in the Foreign Service. (Prior to this reported the following business items: action, Committee on Foreign Relations was dis- S. 333, to promote elder justice, with an amend- charged from further consideration.) Page S9394 ment in the nature of a substitute; and Nominations Received: Senate received the fol- The nomination of J. Russell George, of Virginia, lowing nominations: to be Inspector General for Tax Administration, De- Jesus H. Delgado-Jenkins, of Illinois, to be an As- partment of the Treasury. sistant Secretary of the Treasury. NOMINATION Susan L. Moore, of Texas, to be an Alternate Rep- Select Committee on Intelligence: Committee concluded a resentative of the United States of America to the hearing to examine the nomination of Porter J. Goss, of Fifty-ninth Session of the General Assembly of the Florida, to be Director of Central Intelligence, after the United Nations. nominee testified and answered further questions in his Beryl A. Howell, of the District of Columbia, to own behalf. be a Member of the United States Sentencing Com- OLDER WORKERS mission for the remainder of the term expiring Octo- Special Committee on Aging: Committee concluded a ber 31, 2005. hearing to examine the impact of older workers staying

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on in the workforce past the traditional retirement age of Washington, D.C.; Ken Dychtwald, Age Wave, San Fran- 65, after receiving testimony from former Senator John cisco, California; Sharon A. Brangman, State University of Glenn, John Glenn Institute, Columbus, Ohio; Jack Va- New York Upstate Medical University, Syracuse, on be- lenti, Motion Picture Association of America, Douglas C. half of the American Geriatrics Society; and Victoria Holbrook, American Association of Retired Persons, and Humphrey, Volkswagen of America, Auburn Hills, Edward E. Potter, Employment Policy Foundation, all of Michigan. h House of Representatives amine National Labor Relations Board issues, 9:30 a.m., Chamber Action SD–192. The House was not in session today. The House Committee on Armed Services: September 23, to hold hear- will meet at 12:30 p.m. on Tuesday for Morning ings to examine the Global Posture Review of United Hour debate and at 2 p.m for legislative business. States military forces stationed overseas, 2:30 p.m., SH–216. Committee on Banking, Housing, and Urban Affairs: Sep- Committee Meetings tember 22, to hold hearings to examine the condition and No committee meetings were held. regulation of the insurance industry, 2 p.m., SD–538. Committee on Commerce, Science, and Transportation: Sep- f tember 21, to hold hearings to examine recommendations of the Oceans Commission to avert decline of ocean wild- CONGRESSIONAL PROGRAM AHEAD life and collapse of ocean ecosystems, 9:30 a.m., SR–253. Week of September 21 through September 25, September 21, Full Committee, to hold hearings to ex- 2004 amine S. 1963, to amend the Communications Act of 1934 to protect the privacy right of subscribers to wire- Senate Chamber less communication services, 2:30 p.m., SR–253. September 22, Full Committee, business meeting to On Tuesday, at 2:15 p.m., Senate will begin con- consider pending calendar business, 9:30 a.m., SR–253. sideration of S. 2666, Legislative Branch Appropria- Committee on Energy and Natural Resources: September tions, and after one hour of debate, a vote on final 21, to hold hearings to examine the nominations of passage will occur thereon. Karen Alderman Harbert, of the District of Columbia, to During the balance of the week Senate will con- be an Assistant Secretary of Energy for International Af- sider any other cleared legislative and executive busi- fairs and Domestic Policy, and John S. Shaw, of the Dis- trict of Columbia, to be an Assistant Secretary of Energy ness, including appropriation bills, when available. for Environment, Safety and Health, 10 a.m., SD–366. Senate Committees September 21, Subcommittee on National Parks, to hold hearings to examine S. 784 and H.R. 1630, bills to (Committee meetings are open unless otherwise indicated) revise the boundary of the Petrified Forest National Park Committee on Appropriations: September 21, to hold hear- in the State of Arizona; S. 2656, to establish a National ings to examine the 9/11 Commission intelligence rec- Commission on the Quincentennial of the discovery of ommendations, 10 a.m., SD–192. Florida by Ponce de Leon, S. 2499, to modify the bound- September 21, Full Committee, business meeting to ary of the Harry S Truman National Historic Site in the mark up proposed legislation making appropriations for State of Missouri; S. 1311, to establish the Hudson-Ful- the government of the District of Columbia and other ac- ton-Champlain 400th Commemoration Commission, and tivities chargeable in whole or in part against the reve- H.R.2055, to amend Public Law 89–366 to allow for an nues of said District for the fiscal year ending September adjustment in the number of free roaming horses per- 30, 2005, and proposed legislation making appropriations mitted in Cape Lookout National Seashore, 2:30 p.m., for the Departments of Veterans Affairs and Housing and SD–366. Urban Development, and for sundry independent agen- Committee on Environment and Public Works: September cies, boards, commissions, corporations, and offices for the 24, Subcommittee on Fisheries, Wildlife, and Water, to fiscal year ending September 30, 2005, 2:30 p.m., hold oversight hearings to examine State and private pro- SH–216. grams for sage grouse conservation, 9 a.m., SD–406. September 22, Full Committee, to hold hearings to ex- Committee on Finance: September 21, to hold hearings to amine the 9/11 Commission intelligence recommenda- examine the call for reform in Indian jails, 10 a.m., tions, 10 a.m., SH–216. SD–215. September 23, Subcommittee on Labor, Health and Committee on Foreign Relations: September 22, to hold Human Services, and Education, to hold hearings to ex- hearings to examine the nominations of Lloyd O. Pierson,

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of Virginia, to be an Assistant Administrator of the ing the USA PATRIOT ACT (P.L. 107–56), and the United States Agency for International Development, and SAFE Act, 9:30 a.m., SD–226. a Member of the Board of Directors of the African Devel- September 22, Full Committee, to hold hearings to ex- opment Foundation, 2:30 p.m., SD–419. amine pending judicial nominations, 3:30 p.m., SD–226. September 24, Full Committee, to hold hearings to ex- September 23, Full Committee, business meeting to amine the Protocol Amending the Convention Between consider pending calendar business, 9 a.m., SD–226. the United States of America and the Kingdom of the Committee on Veterans’ Affairs: September 21, to hold Netherlands for the Avoidance of Double Taxation and joint hearings with the House Committee on Veterans’ the Prevention of Fiscal Evasion with Respect to Taxes on Affairs to examine the legislative presentation of the Income (including exchange of notes with attached Un- American Legion, 10 a.m., 345CHOB. derstanding), signed at Washington on March 8, 2004 Select Committee on Intelligence: September 21, closed (the ‘‘Protocol’’) (Treaty Doc.108–25), and the Second business meeting to consider pending intelligence mat- Protocol Amending the Convention Between the United ters, 10 a.m., SH–219. States of America and Barbados for the Avoidance of September 21, Full Committee, to hold closed hearings Double Taxation and the Prevention of Fiscal Evasion to examine certain intelligence matters, 2:30 p.m., with Respect to Taxes on Income Signed on December SH–219. 31, 1984, signed at Washington on July 14, 2004; in- cluding an exchange of notes with attached Under- House Chamber standings (Treaty Doc.108–26), 9:30 a.m., SD–419. Committee on Governmental Affairs: September 21, busi- Program to be announced. ness meeting to mark up the proposed National Intel- House Committees ligence Reform Act, 10 a.m., SD–342. September 22, Full Committee, business meeting to Committee on Appropriations, September 24, Sub- continue markup of the proposed National Intelligence committee on Foreign Operations, Export Financing and Reform Act, 10 a.m., SD–342. Related Programs, on Iraq Reconstruction Program, 10 Committee on Health, Education, Labor, and Pensions: Sep- a.m., 2359 Rayburn. tember 22, business meeting to consider S. 2686, to Committee on Education and the Workforce, September 23, amend the Carl D. Perkins Vocational and Technical Subcommittee on 21st Century Competitiveness, hearing Education Act of 1998 to improve the Act; S. 518, to entitled ‘‘Current Safeguards Protecting Taxpayers increase the supply of pancreatic islet cells for research, Against Diploma Mills,’’ 10 a.m., 2175 Rayburn. to provide better coordination of Federal efforts and infor- Committee on Energy and Commerce, September 21, Sub- mation on islet cell transplantation, and to collect the committee on Health, hearing entitled ‘‘Keeping Seniors data necessary to move islet cell transplantation from an Healthy: New Preventive Benefits in the Medicare Mod- experimental procedure to a standard therapy; S. 2283, to ernization Act,’’ 2 p.m., 2123 Rayburn. extend Federal funding for operation of State high risk September 22, Subcommittee on Commerce, Trade, health insurance pools; S. 1217, to direct the Secretary of and Consumer Protection, hearing entitled ‘‘Repairing the Health and Human Services to expand and intensify pro- 21st Century Car: Is Technology Locking the Consumer grams with respect to research and related activities con- Out?’’ 2 p.m., 2322 Rayburn. cerning elder falls; S. 2526, to reauthorize the Children’s September 22, Subcommittee on Oversight and Inves- Hospitals Graduate Medical Education Program; S. Res. tigations, hearing entitled ‘‘Problems with the E-rate Pro- 389, expressing the sense of the Senate with respect to gram: Waste, Fraud, and Abuse Concerns in the Wiring prostate cancer information, and other pending legislation of Our Nation’s Schools to the Internet,’’ 10 a.m., 2123 and pending nominations, 10 a.m., SD–430. Rayburn. September 23, Full Committee, to hold hearings to ex- September 23, Subcommittee on Oversight and Inves- amine the role of prescription drug monitoring programs, tigations, hearing entitled ‘‘FDA’s Role in Protecting the 2 p.m., SD–430. Public Health: Examining FDA’s Review of Safety and Committee on Indian Affairs: September 22, business Efficacy Concerns in Anti-Depressant Use by Children,’’ meeting to consider pending calendar business; to be fol- 11 a.m., 2123 Rayburn. lowed by an oversight hearing on the contributions of Committee on Financial Services, September 22, hearing Native American code talkers in American military his- entitled ‘‘Legislative Proposals to Implement the Rec- tory, 9:30 a.m., SD–562. ommendations of the 9/11 Commission,’’ 10 a.m., 2128 Committee on the Judiciary: September 21, business meet- Rayburn. ing to consider pending calendar business, 10 a.m., September 23, Subcommittee on Oversight and Inves- SD–226. tigations, hearing entitled ‘‘Encouraging Small Business September 21, Subcommittee on Immigration, Border Growth and Access to Capital,’’ 10 a.m., 2128 Rayburn. Security and Citizenship, to hold hearings to examine so- Committee on Government Reform, September 22, Sub- lutions to a global concern regarding refugees, 2:30 p.m., committee on Criminal Justice, Drug Policy and Human SD–226. Resources, hearing entitled ‘‘Access to Recovery: Improv- September 22, Full Committee, to hold hearings to ex- ing Participation and Access in Drug Treatment,’’ 2 p.m., amine counterterrorism legislation and proposals, includ- 2247 Rayburn.

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September 22, Subcommittee on Human Rights and historic sites of the Peleliu Battlefield National Historic Wellness, hearing entitled ‘‘Dietary Supplements: Na- Landmark and to establish commemorative programs hon- ture’s Answer to Cost Effective Preventative Medicine,’’ oring the Americans who fought there; H. Res. 737, Rec- 10 a.m., 2154 Rayburn. ognizing the 60th anniversary of the Liberation of Guam September 22, Subcommittee on National Security, during World War II; H. Res. 752, Expressing continued Emerging Threats and International Relations, hearing support for the construction of the Victims of Com- entitled ‘‘Combating Terrorism: The 9/11 Commission munism Memorial; H.R. 2440, Indian Health Care Im- Recommendations and the National Strategies,’’ 10 a.m., provement Act; H.R. 3176, Ojito Wilderness Act; H.R. 2247 Rayburn. 3283, Federal Lands Recreation Enhancement Act; H.R. September 22, Subcommittee on Technology, Informa- 3391, Provo River Project Transfer Act; H.R. 4593, Lin- tion Policy, Intergovernmental Relations and the Census, coln County Conservation, Recreation, and Development oversight hearing entitled ‘‘Identity Theft: The Causes, Act; H.R. 4650, Wichita Project Equus Beds Division Costs, Consequences, and Potential Solutions,’’ 2:45 p.m., Authorization Act of 2004; H.R. 4683, Gullah/Geechee 2154 Rayburn. Cultural Heritage Act; H.R. 4887, Cumberland Island September 23, full Committee, hearing entitled ‘‘Intel- Wilderness Boundary Adjustment Act of 2003; H.R. lectual Property Piracy: Are We Doing Enough to Pro- 4908, Pechanga Band of Luiseno Mission Indians Land tect U.S. Innovation Abroad?’’ 11 a.m., 2154 Rayburn. Transfer Act of 2004; H.R. 5016, To extend the water Committee on International Relations, September 22, Sub- service contract for the Ainsworth Unit, Sandhills Divi- committee on Asia and the Pacific, hearing on Asia’s En- sion, Pick-Sloan Missouri Basin Program, Nebraska; H.R. vironmental Challenges, 1 p.m., 2172 Rayburn. 5083, To designate certain lower-elevation Federal lands September 22, Subcommittee on International Ter- in the Skykomish River valley of the State of Washington rorism, Nonproliferation and Human Rights, hearing on as wilderness, to designate a portion of such lands for Disarmament of Libya’s Weapons of Mass Destruction, management as a backcountry wilderness management 1:30 p.m., 2255 Rayburn. area; H.R. 5104, To amend the Marine Mammal Protec- September 23, full Committee, hearing on United tion Act of 1972 to authorize appropriations for the John States Security Policy in Afghanistan on the Eve of Na- H. Prescott Marine Mammal Rescue Assistance Grant tional Elections, 1 p.m., 2172 Rayburn. Program; and S. 347, Rim of the Valley Corridor Study Committee on the Judiciary, September 22, to mark up Act, 10 a.m., 1324 Longworth. the following: a measure To protect crime victims’ rights, September 22, Subcommittee on Water and Power, to eliminate the substantial backlog of DNA samples col- hearing on the following bills: H.R. 2603, To impose lected from crime scenes and convicted offenders, to im- limitations on the authority of the Secretary of the Inte- prove and expand the DNA testing capacity of Federal, rior to claim title or other rights to water absent specific State, and local crime laboratories, to increase research direction of law or to abrogate, injure, or otherwise im- and development of new DNA testing technologies, to pair any right to the use of any quantity of water; H.R. develop new training programs regarding the collection 4580, To remove certain restrictions on the Mammoth and use of DNA evidence, to provide post-conviction Community Water District’s ability to use certain prop- testing of DNA evidence to exonerate the innocent, to erty acquired by that District from the United States; and improve the performance of counsel in State capital cases; H.R. 4623, Eastern New Mexico Rural Water System and H.J. Res. 22, Proposing a balanced budget amend- Act of 2004, 2 p.m., 1324 Longworth. ment to the Constitution of the United States, 11 a.m., September 23, Subcommittee on Fisheries Conserva- 2141 Rayburn. tion, Wildlife and Oceans, oversight hearing on the Up- September 22, Subcommittee on the Constitution, to coming Thirteenth Regular Meeting of the Conference of consider a motion to authorize the issuance of a subpoena the Parties (COP13) to the Convention on International to Custodian of Records, United States Commission on Trade in Endangered Species of Wild Fauna and Flora Civil Rights, 10 a.m., 2141 Rayburn. (CITES), 2 p.m., 1324 Longworth. September 23, Subcommittee on Crime, Terrorism, and Committee on Rules, September 21, to consider H.R. Homeland Security, to mark up the following measures: 2028, Pledge Protection Act of 2004, 5 p.m., H–313 H.R. 4547, Defending America’s Most Vulnerable Safe Capitol. Access to Drug Treatment and Child Protection Act of Committee on Small Business, September 22, Sub- 2004; S. 1194, Mentally Ill Offender Treatment and committee on Rural Enterprise, Agriculture and Tech- Crime Reduction Act of 2003; and H.R. 4264, Animal nology, hearing entitled ‘‘The Impact of High Natural Fighting Prohibition Enforcement Act of 2004, 9 a.m., Gas Prices on Small Farmers and Manufacturers,’’ 10 2141 Rayburn. a.m., 311 Cannon. Committee on Resources, September 21, hearing on H.R. Committee on Ways and Means, September 22, Sub- 4908, Pechanga Band of Luiseno Mission Indians Land committee on Trade, hearing on Trade Preferences for Transfer Act of 2004, 4 p.m., 1324 Longworth. Haiti, 2 p.m., 1100 Longworth. September 22, full Committee, to mark up the fol- September 23, Subcommittee on Select Revenue Meas- lowing measures: H.J. Res. 102, Recognizing the 60th ures, hearing on Select Tax Issues, 11:30 a.m., 1100 anniversary of the Battle of Peleliu and the end of Impe- Longworth. rial Japanese control of Palau during World War II and September 24, full Committee, to mark up H. Res. urging the Secretary of the Interior to work to protect the 776, Of inquiry requesting the President and directing

VerDate Aug 04 2004 05:26 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D20SE4.REC D20SE4 September 20, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D915 the Secretary of Health and Human Services to provide Joint Meetings certain documents to the House of Representatives relat- Joint Meetings: September 21, Senate Committee on ing to estimates and analyses of the cost of the Medicare Veterans’ Affairs, to hold joint hearings with the House prescription drug legislation, 10 a.m., 1100 Longworth. Committee on Veterans’ Affairs to examine the legislative Permanent Select Committee on Intelligence, September 22, presentation of the American Legion, 10 a.m., 345 executive, Briefing on Cyber Issues, 4:30 p.m., H–405 CHOB. Capitol. Commission on Security and Cooperation in Europe: Sep- Select Committee on Homeland Security, September 22, tember 21, to hold hearings to examine Department of Subcommittee on Emergency Preparedness and Response, Defense efforts to enforce policies against trafficking in hearing entitled ‘‘Emergency Warning Systems: Ways to persons, 3 p.m., 2118 RHOB. Notify the Public in the New Era of Homeland Secu- Joint Economic Committee: September 22, to hold hear- rity,’’ 10 a.m., 2261 Rayburn. ings to examine consumer choice and addressing ‘‘adverse selection’’ concerns with regard to health insurance, 10 a.m., SD–628.

VerDate Aug 04 2004 05:26 Sep 21, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D20SE4.REC D20SE4 D916 CONGRESSIONAL RECORD — DAILY DIGEST September 20, 2004

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:45 a.m., Tuesday, September 21 12:30 p.m., Tuesday, September 21

Senate Chamber House Chamber Program for Tuesday: After the transaction of morning Program for Tuesday: The House will meet at 12:30 business, for statements only (not to extend beyond 60 p.m. for Morning Hour debate and at 2 p.m. for legisla- minutes), and a period of morning business for debate tive business. only (not to extend beyond 120 minutes), Senate will re- cess until 2:15 p.m. for their respective party conferences. At 2:15 p.m., Senate will begin consideration of S. 2666, Legislative Branch Appropriations, and after one hour of debate, a vote on final passage will occur thereon.

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