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

Vol. 151 WASHINGTON, TUESDAY, JANUARY 25, 2005 No. 5 Senate The Senate met at 9:45 a.m. and was SCHEDULE ing agreements over the course of this called to order by the President pro Mr. FRIST. Mr. President, this morn- afternoon and tomorrow to proceed on tempore. ing we will have a 60-minute period for these other nominations. morning business to allow Senators to Mr. President I have a brief opening PRAYER make statements. Following that 1- statement, but I would like to turn to The Chaplain, Dr. Barry C. Black, of- hour period, the Senate will proceed to the assistant Democratic leader. fered the following prayer: executive session for the consideration Let us pray. of the nomination of Condoleezza Rice f Eternal Lord God, who blesses and to be Secretary of State. Chairman ORDER OF PROCEDURE protects those who run to You for hope, LUGAR will be here to manage the de- You are our hiding place. You protect bate time on our side of the aisle. The Mr. DURBIN. If the majority leader us from trouble and You put songs in order does provide for up to 9 hours of will yield, consent has just been grant- our hearts. Forgive us when we have debate during today’s session. I am not ed for 60 minutes of time for closing de- failed to act because of the paralysis of sure if all of that debate time will be bate on the nomination of Condoleezza analysis. Remind us that all that is necessary, but we do want to give Rice, and the Democrats would like to necessary for evil to triumph is for every Senator the opportunity to speak allocate the 30 minutes we are allo- good people to do nothing. if they so wish. We will remain in ses- cated with 20 minutes to Senator Thank You for Your unfailing prom- sion until that debate is used or yield- BIDEN, 5 minutes to Senator BYRD, and ises that illuminate our past through ed back over the course of the after- 5 minutes to Senator BOXER. life. Thank You also for the privilege noon or into the evening. The PRESIDENT pro tempore. With- to serve and honor You. Tomorrow morning, for the informa- out objection, it is so ordered. Give our lawmakers wisdom for to- tion of our colleagues, the consent day’s challenges. Point out to them the agreement allows for 40 minutes of f road they should follow. Be their closing remarks, and I now ask unani- teacher and watch over them as Your mous consent that the time, 60 min- 60TH ANNIVERSARY OF THE kindness provides them with a shield. utes, be equally divided prior to the LIBERATION OF AUSCHWITZ Strengthen our Nation with right liv- vote on the nomination. Mr. President, Mr. FRIST. Mr. President, when So- ing, and may each citizen live for Your I now ask unanimous consent for that viet troops reached Auschwitz in Janu- honor. Protect our military and all 60 minutes at this juncture. ary 1945, they found only a few thou- who fight for freedom. We pray this in The PRESIDENT pro tempore. With- sand thin, frail, emaciated survivors. Your Holy Name. Amen. out objection, it is so ordered. SS soldiers, determined to carry out f Mr. FRIST. I expect that tomorrow the final solution, had forced most of morning we would begin that final de- the surviving prisoners on a long death PLEDGE OF ALLEGIANCE bate on the Rice nomination imme- march into the heart of the Reich. The PRESIDENT pro tempore led the diately upon convening. I will be talk- As they retreated, the German forces Pledge of Allegiance, as follows: ing with the Democratic leadership, destroyed most of the warehouses and I pledge allegiance to the Flag of the but I would like to convene and go many of the documents at Auschwitz. United States of America, and to the Repub- straight to that debate. But what they left stunned even the lic for which it stands, one nation under God, I would also add that the Nicholson battle-hardened Soviet troops. One sol- indivisible, with liberty and justice for all. nomination for Secretary of Veterans dier describes the camp’s inmates as f Affairs was reported yesterday. We will ‘‘skin and bones [who] could hardly be asking for a short time agreement RESERVATION OF LEADER TIME stand on their feet.’’ on that nomination. As I mentioned Soviet troops discovered hundreds of The PRESIDENT pro tempore. Under yesterday, as the nominations do come men’s suits, more than 800,000 women’s the previous order, the leadership time from committee, we do want to con- outfits, and more than 14,000 pounds of is reserved. sider them as soon as possible on the human hair. f floor of the Senate. One survivor recalls: Lastly, I remind my colleagues there What was Auschwitz? It was hell. Hell. A RECOGNITION OF THE MAJORITY will be additional nominations this LEADER death factory. If you weren’t gassed, you week, and although this week will be a were exhausted to death. If you weren’t ex- The PRESIDENT pro tempore. The shorter week—we will be in session hausted to death, you starved. If you didn’t majority leader is recognized. today and tomorrow—we will be seek- starve, you died of disease.

∑ 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 jul 14 2003 02:04 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.000 S25PT1 S374 CONGRESSIONAL RECORD — SENATE January 25, 2005 It was at Auschwitz that Joseph honor Condoleezza Rice with our ex- Angelena taught her that in a country Mengele performed his horrific experi- pression of strong support. She is an where racial segregation and Jim Crow ments, injecting the hearts of live chil- outstanding choice, and the American were an ugly fact of life, she had to be dren with chloroform and performing people are fortunate to have a public twice as good to get ahead. I think it is all sorts of bizarre and vile surgeries on servant of her talent and her intellect. fair to say she has surpassed this high twins and pregnant women. During her tenure as National Secu- charge. It was at Auschwitz that the Nazi rity Adviser, Dr. Rice has been a Dr. Rice is an author, a classically killing machine first discovered and steady and trusted adviser, a con- trained pianist, an ice skater, and ten- perfected the use of Zyklon-B to gas fidante of the President of the United nis player. She speaks Russian fluently their innocent captives by the hun- States. In a role of crafting policy and and is an avid fan of football. In fact, dreds every day. helping guide decisionmaking, she has we are grateful she has set aside at It was at Auschwitz that doomed demonstrated extraordinary skill. But least for the moment her ambition to prisoners, trapped inside the gas cham- this should come as no surprise. Dr. become commissioner of the National bers with only a few choking minutes Rice is a woman of remarkable accom- Football League. left to live, found the strength to plishments. Throughout her life, she A woman of deep faith in God, lib- scratch into the walls the words: Never has applied her razor-sharp mind and erty, and freedom, Condoleezza Rice will protect and serve our national in- forget. her steely determination to reach the terests. I should also note Dr. Rice This week, on January 27, the world highest peaks of achievement. And it would be the first African-American will commemorate the 60th anniver- started early. woman to serve as Secretary of State. sary of the liberation of Auschwitz and Dr. Rice was born in Birmingham in I urge the Senate to give Dr. Rice their the 1.5 million victims, most of them 1954. By the age of 3, she was already a piano prodigy, playing hymnals for her strong support. I hope and expect to Jewish, who perished in the death ma- see her confirmed swiftly so she can family. By age 5, she was playing right chine’s fires. begin addressing the urgent threats alongside her mother on the church Vice President DICK CHENEY is lead- and challenges that face our Nation. ing an American delegation to stand organ bench. At 19, Condoleezza Rice I yield the floor. alongside the 2,000 survivors, as well as earned her bachelor degree in political f surviving Red Army soldiers. He will be science cum laude, Phi Beta Kappa joined by Lynne, his wife, numerous from the University of Denver, and just MORNING BUSINESS world leaders, and by the Nobel Peace a year later her master’s from Notre The PRESIDING OFFICER (Mr. Prize Laureate Elie Wiesel. Dame. At the young age of 26, having VITTER). Under the previous order, It will be a time for reflection, a time earned her Ph.D., Dr. Rice became an there will be a period for the trans- for remembrance but also for deter- assistant professor at Stanford Univer- action of morning business for up to 60 mination—determination that man- sity. A decade later, Dr. Rice was ele- minutes, with the first half of the time kind will never again stand by as inno- vated to the post of provost, which at under the control of the majority lead- cents perish in the monstrous designs Stanford and most universities is the er or his designee and the second half of tyrants and despots. equivalent of the chief operating offi- of the time under the control of the It will be a time to recommit our- cer of the university. Democratic leader or his designee. selves to the battle against intoler- From 1989 to 1991, Dr. Rice served the The Senator from Colorado. ance, against fanaticism and hatred, first Bush administration as Director f and then as Senior Director of Soviet all of which can so easily poison the NOMINATION OF CONDOLEEZZA and East European Affairs at the Na- hearts of the most seemingly civilized RICE men and women. tional Security Council. During this As Kofi Annan declared yesterday time, Dr. Rice brought her considerable Mr. ALLARD. Mr. President, I thank during the United Nations General As- expertise in Eastern European affairs the majority leader for his very strong sembly first ever recognition of the to the administration’s handling of the support of President Bush’s nominee, Dr. Condoleezza Rice. I like to think of Holocaust: collapse of the Berlin Wall, Germany’s her as a Coloradan. In Colorado, we are The evil that destroyed 6 million Jews and reunification, and the transition of the Soviet Union to the Russian Federa- extremely proud of her record. others in those camps is one that still I rise today in strong support of threatens all of us today. tion. This, combined with her years of President Bush’s nominee for Sec- foreign policy experience, particularly Indeed, if you think of areas around retary of State, Dr. Condoleezza Rice. I in the post-9/11 context, makes her dis- the world, you think of the Darfur re- ask my colleagues to join me in ap- tinctly qualified to lead the Depart- gion today in western Sudan. To the proving this nominee so that she can ment of State. innocents who perished, to those who assist President Bush in making his We are a nation at war. As Secretary survived and to the victims of genocide version of a more secure, democratic, of State, Dr. Rice will be a key player who now cry out, America’s leaders and prosperous world for the benefit of in winning this war. She will have the hear your plea. We will never forget, the American people and the inter- and we will not stand by. responsibility of advancing democracy national community a reality. Auschwitz taught us that the war and freedom across the globe, not only As many already know, Dr. Rice was against tyranny is more than a war of to protect us from attack but to fulfill born and raised in Alabama. In 1969, territory, more than a war of geo- America’s unique moral purpose. Out- her father moved their family to Colo- graphic boundaries. It is a war against law regimes must be confronted. Dan- rado to take an academic position at evil itself. As Justice Robert Jackson gerous weapons of proliferation must the University of Denver. Dr. Rice soon solemnly inveighed to the world at the be stopped. Terrorist organizations enrolled in Denver’s St. Mary’s Acad- start of the Nuremberg trials: must be destroyed. Dr. Rice has both emy, an independent Catholic school the ability and the experience, from The wrongs which we seek to condemn and and the first integrated school she at- punish have been so calculated, so malig- fighting the Cold War through fighting tended. After high school, she earned nant, so devastating that civilization cannot this war on terror, to meet these her bachelor’s degree in political tolerate their being ignored, because it can- daunting challenges. science, cum laude and Phi Beta not survive their being repeated. Dr. Rice possesses a rare combination Kappa, from the University of Denver f of management and administrative ex- in 1974 and returned a few years later perience, of public policy expertise, of to get her Ph.D. from the Graduate NOMINATION OF CONDOLEEZZA high academic achievement and, not School of International Studies at the RICE least importantly, a graciousness that University of Denver in 1981. Mr. FRIST. Mr. President, over the will serve America’s interests well in Dr. Rice may have only spent a few course of today, we will be considering these difficult and challenging times. years in Colorado but we in Colorado the nomination of Condoleezza Rice to America needs a leader of her caliber. are certainly proud of what she has ac- be Secretary of State. I want to be the Dr. Rice has said that while growing complished and like to consider her a first on this floor and on this day to up, her dad John and her mother daughter of the Centennial State.

VerDate jul 14 2003 02:04 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.003 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S375 Clearly, Condoleezza Rice is emi- tion’s diplomatic efforts to solve re- bringing an end to the slaughter of well nently qualified for the post of Sec- gional and civil conflicts in the Middle over 1 million people at that location retary of State. I know many of my East, between Israel and its Arab alone. As unfathomable as that reality colleagues are aware of her years at neighbors, in Sudan, Congo, and Libe- is, we need to seek to understand it in Stanford University, including her ria, in the Balkans, in Cyprus, in Haiti, order to prevent it. I am not sure if we service as provost. In addition, she in Northern Ireland, and elsewhere. Her can ever truly understand it. served on the National Security Coun- leadership in the important multilat- In some ways it is kind of bizarre, cil during George H. W. Bush’s admin- eral discussions with the North Kore- but we need to understand that while istration as Director of Soviet and ans on their pursuit for weapons of genocide in Germany, Cambodia, Eastern European Affairs, which wit- mass destruction will be pivotal. Rwanda, and elsewhere may end up as nessed the fall of the Berlin Wall. She There are also other challenges a kind of mass insanity in some almost has come full circle since then and which Dr. Rice must tackle with our bizarre way, it begins in a terribly mis- again served on the National Security social and economic development pro- placed idealism. Council but this time as the national grams that the State Department man- The Khmer Rouge thought that re- security adviser to our current Presi- ages. The promotion of free trade and turning Cambodia to its rural begin- dent and has done a magnificent job investment worldwide, the fight nings was the way to create a good so- during very turbulent times. against HIV/AIDS, and the implemen- ciety. They became so convinced that Since then, Dr. Rice has consistently tation of the Millennium Challenge Ac- modernity was destroying their people provided the President with sound ad- count are but a few ways we can seek that they attempted to forcibly empty vice on national security and foreign to provide our friends and allies around the cities and kill anyone with a pro- policy. She has been balanced, fair, and the globe with much needed stability fessional degree or anyone who even determined to ensure that President and vitality. wore glasses. They even kept careful Bush received the best possible advice. When the President announced his records of those they killed because Some have questioned Dr. Rice’s role intention to nominate Dr. Rice to be they assumed history would honor as national security adviser and how Secretary of State, he spoke of relying them for their actions. The Germans she shaped the Bush administration’s on her counsel, benefiting from her ex- kept records, too. It is difficult for me policies since the tragedy of September perience, and appreciating her sound to fathom they would believe that his- 11, 2001—specifically, our action and steady judgment. I am pleased that tory would honor them for their ac- against the Saddam Hussein regime. I the President has sought to replace our tions. believe she was instrumental in en- current Secretary of State, Colin Pow- The situation in Rwanda dates back couraging the President to utilize ell, with another so well equipped for to the colonial period, when European every diplomatic approach possible. We the challenges that lie ahead. colonial powers favored Tutsis over should not forget that President Bush I would be remiss if I did not thank Hutus. When independence was hastily went to the United Nations, secured a Secretary Powell for his service to our granted and the Europeans departed, a Security Council resolution demanding great Nation. He has given so much of seesaw of vengeance and reprisals disarmament, and worked with our himself while serving during his long began, which escalated unchecked for closest allies to ensure that Saddam and distinguished military career be- 30 years. When historic anger boiled Hussein complied with his obligations. fore finally leading the Department of over, with the failure of the inter- The President also sought authoriza- State. These two Americans are two of national community to step in, a ter- tion from this Congress, which over our best. We are privileged that while rible period of violence claimed over three-quarters of this body supported. Secretary Powell steps down to pursue half a million people. Unfortunately, Saddam Hussein would new challenges, the United States has The fact that genocide could happen not keep his end of the bargain and we someone of Dr. Rice’s credentials to in an industrialized, cultured nation were left with no choice but military continue to carry the torch of liberty that had produced Beethoven and action. I am thankful during this tur- abroad. Goethe is especially chilling. As we bulent period that Dr. Rice ensured the I urge my colleagues to confirm read the various accounts of what was President received advice from mul- Condoleezza Rice as our 66th Secretary happening in the Third Reich, it tiple viewpoints so he could make the of State. astounds us that people could come to bold decisions necessary for our secu- I yield the floor and I suggest the ab- such conclusions. It astounds us that rity. sence of a quorum. so many good people could do nothing, The Hussein regime is now out of The PRESIDING OFFICER. The did nothing. While millions were power. The former dictator and killer clerk will call the roll. slaughtered, they turned their backs of thousands is sitting in prison and The assistant legislative clerk pro- and shut their eyes. the first democratic elections in Iraq ceeded to call the roll. Auschwitz was not conceived as a are about to take place. Our Nation is Mr. COLEMAN. Mr. President, I ask death camp. It was part of Hitler’s and more secure because a dangerous re- unanimous consent that the order for Albert Speer’s master plans for bold gime, with a history of aggression and the quorum call be rescinded. new Nazi ‘‘Cities of the East’’ that links to terrorist organizations, is no The PRESIDING OFFICER. Without would express their vision for society. longer in power. objection, it is so ordered. Such projects required slave labor for Today, America has demonstrated its f which Jews and others were likely can- resolve in the global war on terror. didates. The rise of democratic social- SIXTIETH ANNIVERSARY OF THE American troops and their coalition al- ism in Germany was in part a reaction LIBERATION OF AUSCHWITZ lies have achieved this historic effort to their hatred of communism in the thanks to their sacrifice. Mr. COLEMAN. Mr. President, histo- Soviet Union. So they had a strategy As democracy in Iraq succeeds, a rians Will and Ariel Durant have told to empty the lands of Poland and Rus- message will be sent forth that freedom us, ‘‘The present is the past rolled up sia for resettlement by an expanded can be the future of every nation and for action and the past is the present Germany. Such was their grandiosity that freedom improves the peace and unrolled for understanding.’’ In our that human beings became objects to security of the United States. search for understanding and guidance be used for their plans and obstacles to I am certain Dr. Rice will present for our actions, we are pausing today be destroyed. They dehumanized the this powerful message abroad with to commemorate one of the darkest Jewish people. skill and determination. Just as impor- moments of modern history, the Nazi The lessons of these three examples tantly, Dr. Rice understands that suc- Holocaust, the effort by the Nazi re- is: Hatred combined with any number cessfully fighting the war on terror is gime to exterminate the Jewish people. of other circumstances can explode not solely a military task. Dr. Rice Six million Jews were sent to their into genocide. Even as the situations in will seek to use our powerful diplo- death before the end of the death Darfur and elsewhere continue, we matic leverage to better protect our camps. Sixty years ago today, the would be naive and foolish to believe Nation. She will also guide our Na- Auschwitz death camp was liberated, that mankind has ‘‘learned its lesson.’’

VerDate jul 14 2003 04:38 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.007 S25PT1 S376 CONGRESSIONAL RECORD — SENATE January 25, 2005 First, we need to go on the moral offen- The PRESIDING OFFICER. The Sen- there. I think we are offering freedom sive whenever hatred arises. That is ator from Wyoming. and hope to the people of these poor why I have risen on the floor several Mr. THOMAS. Mr. President, how and oppressed countries. The best way times to decry the growth of anti- much time do we have on our side? is to neutralize the effect of fanatical semitism in Europe. Even on American The PRESIDING OFFICER. There is Islam. We continue to make progress college campuses, antisemitism is rais- 11 minutes 50 seconds remaining. with other nations, and that is great. ing its ugly head today. We need to f Dr. Rice has performed admirably in her role as National Security Adviser speak out. We need to put a cork in the NOMINATION OF CONDOLEEZZA and will continue to serve the country bottle. We need to make sure it does RICE not spread. well as Secretary of State. I urge my Second, I think we need to under- Mr. THOMAS. Mr. President, as most colleagues to join me in support of this stand that with American power comes of today’s program will be based on nomination today and move it on down responsibility. In concert with our al- Condoleezza Rice and her appointment the line. to be Secretary of State, I rise to make lies in the U.N., we must be prepared to f intervene when we can to prevent bad some comments to show my admira- ISSUES FACING THE SENATE situations from going over the abyss tion for Ms. Rice and my support for into genocide. Diplomacy is by its na- her to serve in this task. I certainly Mr. THOMAS. Mr. President, I also ture slow and cautious while situations cannot think of a better candidate. I wish to take a few minutes, as others such as these are fast moving and can rise to offer my strong support for Dr. have, to talk about some of the issues degenerate overnight. We need to find Rice because I believe she not only that will be before us. We have a great ways to respond quickly. The history brings a remarkable record of public opportunity now to move forward on of the quick action of the British in service and academic credentials to these issues, many of which we have 1941 to stop the Farhud, a genocidal this position, but also great experience discussed in the last session. Many are program against Iraqi Jews, is an event and integrity in troubled times, times ready to be acted upon, and I hope we deserving more attention and more of war. can do that. study. I find it troublesome that we are here We need to talk about taxes and sim- There is one other reason for us to today, unfortunately, not so much to plifying taxes. We need to talk about focus on these monstrously evil events. debate the qualifications of Dr. Rice, ensuring that we have the tax support They provide stirring examples of the even though they are certainly impres- there to create jobs and strengthen the nobility and resiliency of human beings sive and she is equal to the task. In- economy. We seem to be moving in the as well: The story of ‘‘Schindler’s stead, to some extent we have chosen right direction. I think the tax reduc- List’’, the compassionate soldiers who to return, at this time, to the honored tions have proven themselves to be use- liberated the concentration camps. So- position of trying to score political ful, but many of them, particularly on viet troops liberated Auschwitz on Jan- points by distorting the record of the taxes such as the estate tax, unless uary 27, 1945, and were able to save President’s decision to use force in that is made permanent so people can about 7,000 prisoners from certain Iraq. The ongoing operations in both have confidence in their investments, death. The stories of surviving pris- Iraq and Afghanistan are critical com- they really do not fully do what we oners themselves are remarkable. ponents to the global war on terrorism, hoped they would do. Those who managed to maintain their a war with the purpose of fundamen- We need to continue to work to keep humanity in the most inhumane of cir- tally changing the environment which America safe; security is probably our cumstances inspired us all. has given rise to the power of the ex- top priority. We have made a consider- Victor Frankl offered this recollec- tremists in that part of the world. It able amount of change in that area. We tion: remains an aggressive effort, not only need to continue to evaluate that, of We who lived in concentration camps can to bring to justice the perpetrators of course, and ensure that we have the remember the men who walked through the 9/11 but also the nations that aid and best. huts comforting others, giving away their support them. I hope we can come back to deal with last piece of bread. They may have been few There has been a great deal of discus- the issue of energy—clean, economic in number, but they offer sufficient proof sion, of course, with Dr. Rice about the energy. That is, again, one of the basic that everything can be taken from a man but facts that brought us into Iraq. The issues in creating jobs, in growing an one thing: the last of the human freedoms— fact is, at that time everyone in- economy, and one that we have worked to choose one’s attitude in any given set of volved—whether it was the United on now for several years. circumstances, to choose one’s own way. States, whether it was Britain, wheth- We had a long meeting yesterday. We Frankl also wrote: er it was the CIA—had this view of had a series of meetings to talk about A thought transfixed me: for the first time what the world was and that is what it the need for conservation, to talk in my life I saw the truth as it is set into was based on. Some of those views about the need for efficiency. We song by so many poets, proclaimed as the turned out not to be correct, but at the talked about the need for alternative final truth by so many thinkers. The truth that love is the ultimate and highest goal to time that was the information we had. sources of energy—renewable energy as which man can aspire. Then I grasped the So I certainly hope we can move for- well as domestic production. Those meaning of the greatest secret that human ward here. I agree, everyone should things are so important. Yet, somehow, poetry and human thought and belief have to have a right to say what they choose we have not been able to move forward. impart: The salvation of man is through love with regard to these nominations. On I cannot think of anything that is and in love. the other hand, they ought to be here more important to us than to have a The Holocaust and similar events dis- for the purpose of examining those per- policy with respect to the future, to be courage us with the realization of the sons for that task, and not talking able to look into the future with regard extent of evil of which people are capa- about the politics of all the sur- to energy. ble, and we must guard against it vigi- rounding issues. I suspect most of my friends here lantly. But they also display the high- I also have to say I am not at all sur- would agree that as they go home and est and best human beings can rise to, prised that someone nominated to serv- meet with people, one of the issues which gives us courage and hope. ing on the Cabinet would be supportive that is most often talked about is the We will never, ever forget man’s in- of the President. If you were President, cost of health care. It is a tough issue. humanity to man in the Holocaust. We would you appoint people who dis- I think we have a good health care sys- reflect on the liberation of Auschwitz, agreed with you and would not be with tem, probably the best in the world, so we assure that we never forget. But you, who would not support your posi- but we are getting to the point where at the same time we have a sense of tions? Of course not. So that is where access to that system is being limited courage and hope that in the worst of we are. by the cost. I am not just talking circumstances man can still turn to At any rate, I support the decision to about Medicare or Medicaid; I am talk- love and to faith and to salvation. use force, supporting the action in Iraq ing about health care generally. I am Mr. President, I yield the floor. today. We have to finish our work talking about families on the ranch,

VerDate jul 14 2003 04:38 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.010 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S377 talking about families on the ranch, Mr. President, I yield the floor. against the enemy in pursuit of the for example, when they have to pay for The PRESIDING OFFICER. The Sen- freedom and liberty and opportunity their own and it costs $15,000 a year for ator from Connecticut is recognized. that Dr. Rice spoke about in her open- insurance. I am talking about the f ing statement before the Foreign Rela- things we might do to give more tax- tions Committee and that President NOMINATION OF CONDOLEEZZA free savings accounts so these insur- Bush spoke about in his inaugural ad- RICE ance policies can be more for coverage dress last week. of catastrophic events and be less ex- Mr. LIEBERMAN. Mr. President, I One of the great strengths which pensive and we can have more owner- rise according to the order to speak as Condoleezza Rice will bring to the of- ship in them. Those are the kinds of in morning business, but I will be ad- fice of Secretary of State is that the things we need to take a look at. dressing my remarks to the nomina- world knows she has the President’s We need to promote agriculture in tion of Dr. Rice to be Secretary of trust and confidence. I respect the our trade programs that will be coming State. right of any of my colleagues, of up. Agriculture is a very difficult issue First, in supporting Dr. Rice’s nomi- course, to reach a different decision with respect to foreign trade, but it is nation, I wish to set this in context. today and to oppose this nomination, very important. President Bush was reelected last No- but I hope and believe that the Senate I spent some time in Argentina at vember. He took the oath of office last today across partisan lines will re- the global warming meeting and I got Thursday and swore to protect and de- soundingly endorse this nomination some insight as to what is happening in fend the Constitution of the United and send the message to friend and foe Brazil and Argentina in terms of live- States. The Constitution and the laws alike that while we have our disagree- stock production, and it is going to be give him the authority to nominate ments, ultimately what unites us enormous. We have to be prepared. people who he wants to take leadership around this very qualified nominee in Obviously, we will be talking about positions in his administration. this hour of war is much greater than changes in Social Security. We will be We, now, have our constitutional re- that which divides us. In times like meeting with the President today, with sponsibility in the Senate of the United these, it is important that the world the Finance Committee, to get better States to advise and consent. But I not only know that this Secretary of ideas of what the details are, but clear- have always believed that our responsi- State has the ear of the President, but ly we need to do something there. bility to advise and consent does not that she has, if you will allow me to The highway bill—we have gone sev- mean we have to agree with every opin- put it this way, America’s heart—a eral years without the highway bill we ion or every action the nominee has heart that beats with the freedom and passed some time ago. Can you think of ever taken, but that nominee deserves security and opportunity that we anything more important in our com- the benefit of the doubt and our re- dream of for our own people and for the munities than to maintain and develop sponsibility is to determine whether people of the world. new highways and keep them up? We the nominee is fit for the position for In the world today, we face a time of have not done that, and we need to do which the President has nominated grave peril but also great promise. It is it. him or her, and whether the nominee, in many ways, it seems to me, like the Tort reform—whether it is broad, in our judgment, will serve in the na- time our predecessors faced after the whether it is class action suits, wheth- tional interest. Of course, I conclude er it is malpractice in health care— Second World War at the outbreak of that Dr. Condoleezza Rice met that these are issues we need to accomplish. the Cold War. As then, now it is a hos- standard at least and much more. We talk about them, we argue about tile ideology which threatens freedom Second, this element of the context around the world as terrorism has re- them, and then we walk away from in which this nomination is put before them. It seems to me there are a num- placed communism as liberty’s fore- us. We are at war. It is a war unlike ber of those issues where we ought to most foe. Now, as then, it is the United any we have ever fought before. Here I just buckle down and come to the States that must show leadership and speak of the world war with Islamic snugging post and do some things that resolve as the world’s strongest nation terrorism. It is joined on battlefields in need to be done. in the face of this danger from ter- Spending? I don’t think any of us places like Iraq, of course, but it is rorism to life and liberty—not just our- deny that we need to do something being fought in the shadows and cor- selves but everyone who does not ex- about spending. We need to do some- ners against an enemy that is driven actly agree with the terrorists. Now, as thing about the deficit that we have by fanaticism and acts without regard then, the President and Members of created—that we have created. We need to human life—others or their own. Congress must depend on the advice to do some things there. I embrace the best tradition of Amer- and counsel of the Secretary of State I think we have some real opportuni- ican foreign policy that says and al- as we craft the policies with an ties to do some more than we have in ways has said that partisanship should unblinking resolve that will rally our the past. We have a chance to move end at the Nation’s shores. Note this: It friends and rattle our enemies, that forward. doesn’t say policy differences should will diminish—we pray, eliminate—the Class action is apparently going to be end; it doesn’t say ideological dif- perils we face and realize the extraor- out here soon. Clearly, there are some ferences should end; it says partisan- dinary promises of our time. changes that need to be made. The ship should end at the Nation’s shores, The very first Secretary of State, whole tort reform area is difficult. particularly so when our Nation is en- Thomas Jefferson, once wrote: Nevertheless, we ought to be able to do gaged in war, a global war on ter- We confide in our strength without boast- that. rorism, a war in Iraq in which Ameri- ing of it. We respect that of others without Those are the things I hope we can cans have lost their lives in the cause fearing it. take a long look at. I know we all have of freedom and in protection of our se- Jefferson’s 18th century insights will some different ideas about what the curity. serve us well in the face of the 21st cen- priorities ought to be. But it is pretty What I wish to say here is that the tury threats we confront. I know Dr. clear some of these things need to be nomination of Secretary of State in a Rice understands and appreciates that handled. There are different views second term of a President naturally is well. about how they need to be handled, but an opportunity, appropriately, for peo- Economic development and trade and something needs to be done about ple to raise questions about the foreign foreign direction investment and the them, and it is our responsibility to do policy of that administration. But in spread of modern technology and tele- that. We can fuss and have disagree- the final analysis, I hope it is also an communications have raised the stand- ments and walk off the floor and all opportunity around this very qualified ard of living throughout the world and that sort of thing, but the fact is, it is nominee for us to come together and connected people of the world as never our responsibility to do things. It is say to one another and to the world, before. But too many nations and peo- our opportunity to do them now. I look both our enemy and our allies, that in ple have been left behind because of forward to a productive session. I hope the final analysis Americans will stand failed governments or failed econo- we can get started very soon. shoulder to shoulder against terrorism, mies. They have become breeding

VerDate jul 14 2003 00:43 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.012 S25PT1 S378 CONGRESSIONAL RECORD — SENATE January 25, 2005 grounds for terrorists who threaten us ken by President Bush last Thursday President of their nation or Prime Min- all. could just as easily have been spoken ister or Foreign Minister or president Today, there is hope. Members of de- by some of the great Democratic Presi- of a high-tech enterprise or a professor mocracy are beginning to glow where dents such as Woodrow Wilson, Frank- at a great university. They will if we, that powerful light has existed little or lin Roosevelt, Harry Truman, and John working with the people of their coun- none before. The Afghans and the Pal- F. Kennedy. In fact, similar words were tries, will it. estinians have recently held successful spoken by each of those Democratic A great man once said if you will it, elections. This Sunday, Iraq will hold a Presidents at times of crisis—times of it is no dream. In this hour when our historic democratic election. I know crisis similar in many ways to our own. security is being threatened, the prom- the circumstances are difficult there, I hope, therefore, that we will now ise of opportunity can, in response to but having been there myself just a few come together to implement those the source of those threats, become weeks ago I can speak with some con- principles and policies in a way that real for tens of millions of children fidence that the turnout will be large will spread hope and security and build being born and growing up in places and the affirmation of the Iraqi people bridges throughout the world, that the today where there is no freedom and no for a better and freer future will be President will reach out to Members of hope. That is the great mission our clear. both parties in Congress, and we in country has today. Dr. Rice under- Whether these embers grow into bea- turn will reach out halfway at least stands that. Her life, as I said, speaks cons for the rest of the Arab world or and meet him to implement these stir- to brave men and women of color who, fade into dark and cold will depend ring, uniquely American goals and poli- like Dr. Rice, have worked to change uniquely upon strong, skillful Amer- cies and principles with real programs our Nation. Now she can, and I believe ican leadership and diplomacy. I con- that are effective public diplomacy and will, help lead our Nation to change clude that Dr. Condoleezza Rice is ca- outreach of economic development of the world, and in doing so enhance our pable of such leadership. trade, of rule of law, of ultimately, values and protect our security for our Nuclear proliferation threatens the most importantly, the spread of free- children and grandchildren, as well. world as Iran and North Korea and oth- dom and democracy. I conclude that I urge my colleagues to support the ers strive to develop deadly weapons Dr. Condoleezza Rice is uniquely pre- nomination of Dr. Condoleezza Rice to which will make the arms race of the pared by ability and experience to lead be Secretary of State. Cold War look sane in comparison. In this effort as Secretary of State. I yield the floor. response to these dangers, President I want to say a final word about Dr. The PRESIDING OFFICER. The Sen- Bush in his inaugural address and Dr. Rice herself, whom I have come to ator from Hawaii is recognized. Rice in her testimony before the Sen- know over the years. Mr. AKAKA. I thank the Chair. ate Foreign Relations Committee last President Bush has clearly nomi- (The remarks of Mr. AKAKA per- week have set down some basic prin- nated Dr. Rice to be Secretary of State taining to the introduction of S. 147 are ciples which will guide our foreign and because he values her experience, he located in today’s RECORD under defense policy. They are based on val- knows her skill, and he trusts her ‘‘Statements on Introduced Bills and ues and hopes that have defined Amer- counsel. No one believes this President Joint Resolutions.’’) ica: freedom, opportunity, faith, and chose this nominee for Secretary of Mr. LUGAR. Mr. President, I ask community. State for reasons of gender or race. No unanimous consent that the order for Let me read a paragraph of Dr. Rice’s one here will vote for her in this Sen- the quorum call be rescinded. opening statement before the Foreign ate for reasons of gender or race. But The PRESIDING OFFICER (Mr. Relations Committee last Tuesday: the fact is that Dr. Condoleezza Rice is SUNUNU). Without objection, it is so or- In these momentous times, American di- an African-American woman. I believe, dered. plomacy has three great tasks. in addition to every other standard by f First, we will unite the community of de- which we judge and respond to this mocracies in building an international sys- nomination, we should celebrate the CONCLUSION OF MORNING tem that is based on our shared values and fact that when she is confirmed, an- BUSINESS the rule of law. Second, we will strengthen the community other barrier will be broken in Amer- The PRESIDING OFFICER. Morning of democracies to fight the threats to our ican life. We should celebrate this fact business is closed. because Dr. Rice’s life speaks to the common security and alleviate the hopeless- f ness that feeds terror. promise of America, and in very per- Third, we will spread freedom and democ- sonal terms says to people throughout EXECUTIVE SESSION racy throughout the globe. That is the mis- the world what America is about and f sion that the President has set for America what we hope for them. in the world—and a great mission of Amer- Let us speak directly. Dr. Rice, born NOMINATION OF CONDOLEEZZA ican diplomacy today. in 1954 in the then racially segregated RICE TO BE SECRETARY OF STATE Let me read a few words from Presi- South, knew the sting of bigotry. No The PRESIDING OFFICER. Under dent Bush’s inaugural last Thursday: one on the day of her birth could have the previous order, the Senate will pro- We are led by events and common sense to rationally predicted she would grow up ceed to executive session for the con- one conclusion. The survival of liberty in our to be the Secretary of State of the sideration of Executive Calendar No. 4, land increasingly depends on the success of United States of America. But she was which the clerk will report. liberty in other lands. The best hope for The assistant legislative clerk read peace in our world is the expansion of free- blessed with great natural abilities, dom in all the world. This is not primarily with a strong family, with an abiding the nomination of Condoleezza Rice, of the task of arms, though we will defend our- faith in God. She worked hard, as oth- California, to be Secretary of State. selves and our friends by force of arms when ers worked in her time, to break the The PRESIDING OFFICER. Under necessary. Freedom by its nature must be barriers of segregation to establish the the previous order, there will be 9 chosen and defended by citizens and sus- rule of law to create opportunities. She hours of debate on the nomination tained by the rule of law and the protection has earned the nomination the Presi- equally divided between the two lead- of minorities. Democratic reformers facing dent has given her. ers or their designees. oppression, prison or exile can know America Just as no one in Birmingham, when The Senator from Indiana. sees you for who you are—future leaders of your free country. The rulers of outlaw re- this African-American girl was born in Mr. LUGAR. I thank the Chair. I gimes can know that we still believe, as 1954, could have dreamed she would yield myself as much time as I may re- Abraham Lincoln did, that those who deny grow up to be Secretary of State of the quire of the time on our side. freedom to others deserve it not for them- most powerful country in the world, Mr. President, I have the pleasure selves, and under the rule of a just God can- there are babies being born today in and honor today of speaking in support not long retain it. Baghdad and Ramallah and Kabul and of the nomination of Dr. Condoleezza These principles and policies are nei- Riyadh and in countries and cities Rice to be our Secretary of State. ther Republican nor Democratic; they throughout the world where no one As a result of her distinguished ca- are American. In fact, the words spo- could dream they might grow up to be reer as National Security Adviser to

VerDate jul 14 2003 02:04 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.016 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S379 President Bush and her earlier assign- portunity to question a Secretary of eases; to advancing democracy in Af- ment on the NSC, she is well known to State nominee is a key aspect of con- ghanistan, Ukraine, and elsewhere; to most Members of the Senate. I admire gressional oversight of any administra- repairing alliances with longstanding her accomplishments, and I am par- tion’s foreign policy. Dr. Rice enthu- friends in Europe; to reinvigorating our ticularly thankful for the cooperation siastically embraced this function of economic and security relationships in she has provided to the Senate Foreign the hearing, and at many points she our own hemisphere; and to engaging Relations Committee and to me per- engaged in theoretical exchanges on with rapidly changing national powers, sonally. national security choices. especially China, India, and Russia. Dr. Rice emphasized that support for The enormously complex job before Even though this list of diplomatic freedom, democracy, and the rule of Dr. Rice will require all of her talents priorities is daunting, it is not exhaus- law would be at the core of U.S. foreign and experience. American credibility in tive, and it does not anticipate unfore- policy during her watch. She said: the world, the progress in the war on seeable events. Just weeks ago, none of In these momentous times, American di- terrorism, and our relationships with us could have predicted a tragic earth- our allies will be greatly affected by plomacy has three great tasks. First, we will unite the community of democracies in quake and a tsunami would change the the Secretary of State’s actions and face of the Indian Ocean region. Our ef- the effectiveness of the State Depart- building an international system that is based on our shared values and the rule of forts must include the expansion of our ment in the coming years. Dr. Rice is law. Second, we will strengthen the commu- foreign policy capabilities so we are highly qualified to meet those chal- nity of democracies to fight the threats to better prepared for crises that cannot lenges. We recognize the deep personal our common security and alleviate the hope- be averted and better able to prevent commitment necessary to undertake lessness that feeds terror. And third, we will those that can be. this difficult assignment, and we are spread freedom and democracy throughout grateful that a leader of her stature is the globe. With this in mind, I would observe willing to step forward. The Secretary of State serves as the that Congress must improve its own I had the good fortune to get to know President’s top foreign policy adviser, performance in foreign affairs, particu- Dr. Rice before she assumed the post of as our Nation’s most visible emissary larly in the area of legislation. The en- National Security Adviser to President to the rest of the world, and as man- thusiasm for engaging in the details of Bush. Before President George W. Bush ager of one of the most important de- U.S. foreign policy the Senate dem- was elected, I enjoyed visits with Dr. partments in our Government. Any one onstrated last week, and will again Rice when we both attended Stanford of these jobs would be a challenge for demonstrate today, too often has been University meetings on foreign policy even the most talented public servant, absent when it is time to perform our hosted by former Secretary of State but, as I told Dr. Rice during our hear- legislative duties. George Shultz. Secretary Shultz, a ings, the Secretary of State, at this Even as Senators have cited short- close friend of many of us in the Sen- critical time in our history, must excel comings of administration policy in re- ate, was a very early supporter of the in all three roles. sponding to extraordinarily difficult then-Governor Bush of Texas. He rec- Since 2001, we have witnessed terror- circumstances in Iraq and elsewhere, ognized Dr. Rice’s prodigious talents ists killing thousands of people in our the Senate has allowed partisan fights and encouraged her leadership within country and the destruction of the and unrelated domestic legislation and the Bush foreign policy team. At the World Trade Center and a part of the disagreements over that legislation Stanford University meetings, Dr. Pentagon. We have seen U.S. military during the last Congress to delay the Rice’s analytical brilliance and broad personnel engaged in two difficult and far simpler task of passing the foreign knowledge of world affairs were evi- costly wars. We have seen the expan- affairs authorization bill, for example. dent. During the campaign for the sion of a nihilistic form of terrorism Now, this bill includes new initiatives Presidency of George Bush, she estab- that is only loosely attached to polit- and funding authority related to the lished a trusted relationship with then- ical objectives and is, therefore, very security and productivity of our dip- Governor Bush that has carried difficult to deter. We have seen fre- lomats, our outreach to the Muslim through in her work as National Secu- quent expressions of virulent anti- world, our nonproliferation efforts, our rity Adviser to President Bush. Americanism in many parts of the Is- foreign assistance, and innumerable Last week, the Committee on For- lamic world. We have seen our alli- other national security priorities. Yet eign Relations held exhaustive hear- ances, our international standing, and politically motivated obstacles were ings on this nomination. Dr. Rice field- our Federal budget strained by the thrown in the path of the bill almost ed questions on every imaginable sub- hard choices we have to make in re- cavalierly, as if Congress’s duty to pass ject for more than 101⁄2 hours over 2 sponse to terrorism. foreign affairs legislation had little days. All 18 members of our committee In this context, many diplomatic connection to our success in Iraq or in took advantage of the opportunity to tasks must be approached with ur- our war against terrorism. ask Dr. Rice questions. At the hear- gency. In particular, our success in Even as we do our duty to oversee the ings, she responded to 199 questions, 129 Iraq is critical. The elections scheduled foreign policy performance of the exec- from Democrats and 70 from Repub- for January 30 must go forward, and utive branch, we must take a sober licans. In addition, in advance of the the United States must work closely look at our own performance. We must hearings, members of the committee with Iraqi authorities to achieve the critique ourselves with the same dili- submitted 191 additional detailed ques- fairest and the most complete out- gence that we have applied to the ad- tions for the record to Dr. Rice. Mem- come. At the same time, we must un- ministration. Every Senator should re- bers received answers to each of those derstand that those forces that want to flect on the troubling fact that we have questions. Thus, Dr. Rice responded to keep Iraq in chaos will commit vio- not passed a comprehensive foreign as- a total of 390 questions from Senators. lence and intimidation. Both Iraqis and In American history, few Cabinet the coalition will have to be resilient sistance bill since 1985. This means members have provided as much infor- and flexible in the elections’ after- that for 20 years we have depended pri- mation or answered as many questions math. marily on stopgap measures and as Dr. Rice answered during the con- The Bush administration and the bandaids applied during the appropria- firmation process. She demonstrated State Department also must devote tions process to govern one of the that her understanding of U.S. foreign themselves to achieving a settlement major tools of U.S. foreign policy. policy is comprehensive and insightful. of the Arab-Israeli conflict; to coming Only 24 Members of the current Sen- Our hearings served not only as an to grips with the nuclear proliferation ate body were here the last time we examination of Dr. Rice’s substantial problems in Iran and North Korea; to passed a comprehensive foreign aid qualifications but also as a funda- continuing urgent humanitarian ef- bill. Our single largest foreign assist- mental debate on the direction of forts in Sudan, the Indian Ocean re- ance program, the Millennium Chal- American foreign policy. I believe this gion, and elsewhere; to maintaining lenge Account, cannot even be found in debate was useful to the Senate and to our commitment to the global fight the core legislation affecting foreign the American people. Having the op- against AIDS and other infectious dis- assistance.

VerDate jul 14 2003 00:43 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.019 S25PT1 S380 CONGRESSIONAL RECORD — SENATE January 25, 2005 Moreover, many aspects of our for- In fact, the Bush administration has Last November, I introduced two new eign assistance law have not been up- achieved a great deal in the area of bills to strengthen U.S. nonprolifera- dated since the original Foreign Assist- nonproliferation. Dr. Rice has been a tion efforts, and I will be introducing ance Act of 1961. Forty-four years ago, stalwart proponent of a robust Nunn- these bills again this week. They rep- when our basic foreign assistance law Lugar program. Chief among these suc- resent the fourth installment of the was written, we were preoccupied with cesses is the rarely mentioned Global Nunn-Lugar legislation that I have of- the Cold War, terrorism was a rare phe- Partnership Against the Spread of fered since 1991. In that year, former nomenon, scientists had not identified Weapons and Materials of Mass De- Senator Sam Nunn of Georgia and I au- the HIV/AIDS virus, the illegal trade in struction, informally known as ‘‘10 thored the Nunn-Lugar Act, which es- drugs was a small fraction of what it is plus 10 over 10.’’ tablished the Cooperative Threat Re- today, dozens of present day countries Under this agreement, negotiated by duction Program. That program has did not exist, and only one Senator the Bush administration, the United provided U.S. funding and expertise to who still sits in this body was present. States will spend $10 billion over the help the former Soviet Union safeguard Congress’s most basic responsibility next 10 years to safeguard and to dis- and dismantle an enormous stockpile is to write and pass good legislation mantle the weapons of mass destruc- of nuclear, chemical, and biological that provides clear direction to U.S. tion arsenal of the former Soviet weapons, the means of delivery, and re- policy. In the area of foreign assist- Union. The other members of the G8 lated materials. ance, however, we are operating under agreed collectively to spend another In 1997, Senator Nunn and I were an archaic Rube Goldberg contraption $10 billion over the same time period. joined by Senator DOMENICI in intro- that has been patched hundreds of Our commitment of funds is primarily ducing the Defense Against Weapons of times. Much of the underlying law is money that we had planned to spend in Mass Destruction Act, which expanded irrelevant or redundant. Other parts any event through the Nunn-Lugar pro- Nunn-Lugar authorities in the former are contradictory. As a result, the law gram and other associated efforts. With Soviet Union and provided weapons of is a confusing muddle that serves nei- this agreement, the President effec- mass destruction expertise to first re- ther the interests of U.S. taxpayers nor tively doubled the funds committed to sponders in American cities. our national security goals. We are tol- securing weapons of mass destruction In 2003, Congress adopted the Nunn- erating this legislation of irrespon- in Russia with minimal additional obli- Lugar Expansion Act, which authorized sibility at a time of great national vul- gation to American taxpayers. the Nunn-Lugar program to operate nerability. The Bush administration also has outside the former Soviet Union to ad- Congress’s failure in this area has successfully recruited more than 60 dress proliferation threats. more to do with inattention than with countries to join the Proliferation Se- The bills I am introducing this week disagreement. In both 2003 and 2004, the curity Initiative Program that has en- would strengthen the Nunn-Lugar pro- Senate Foreign Relations Committee hanced our ability to interdict illegal gram and other nonproliferation efforts passed a foreign affairs authorization weapons of mass destruction shipments and provide them with greater flexi- bill by a unanimous vote. In 2003, we around the world. Through the Energy bility to address emerging threats. To were mere hours away from final Sen- Department, it established the Global date, the Nunn-Lugar program has de- ate passage, when the bill was derailed Threat Reduction Initiative, which activated or destroyed 6,564 nuclear by unrelated domestic issues. aims to secure high-risk nuclear and warheads, 568 ICBMs, 477 ICBM silos, 17 We have not been blocked by intrac- radiological materials globally. It has ICBM mobile missile launchers, 142 table policy disagreements but by our facilitated at several junctures the ac- bombers, 761 nuclear air-to-surface devaluation of our own legislative role celeration of Nunn-Lugar work at crit- missiles, 420 submarine missile launch- in foreign policy. We need to make a ical chemical weapons destruction fa- ers, 543 submarine-launched missiles, 28 bipartisan decision that passing a for- cilities at Shchuchye in Russia nuclear submarines, and 194 nuclear eign affairs authorization bill each through personal intervention by the test tunnels. The Nunn-Lugar program Congress is as important as passing a President and by Dr. Rice. It finalized also facilitated the removal of all nu- defense authorization bill or a home- the deal with Libya to lay open that clear weapons from Ukraine, Belarus, land security authorization bill. We country’s weapons of mass destruction and Kazakhstan. And after the fall of must be prepared to fulfill our own programs. And it advocated passage of the Soviet Union, these three nations core national security responsibilities. the IAEA additional protocol which emerged as the third, fourth, and Dr. Rice indicated her strong support greatly expands that international eighth largest nuclear powers in the for passage of a comprehensive foreign agency’s ability to detect clandestine world. Today, all three are nuclear affairs bill. I know we will have a pow- nuclear activities. weapons free as a result of the coopera- erful advocate in Dr. Rice for such ac- It secured the passage of U.N. Secu- tive efforts under the Nunn-Lugar pro- tion. rity Council Resolution 1540 in April gram. I would like to emphasize another 2004, which for the first time declared In addition, the program provides the critical area of national security policy that weapons of mass destruction pro- primary tool with which the United where Dr. Rice’s advocacy has been liferation is illegal. It has also pro- States is working with Russian au- strong, consistent, and persuasive. vided constant encouragement to the thorities to identify, to safeguard, and During the Foreign Relations Com- promising talks between India and to destroy Russia’s massive chemical mittee hearings last week, I opened the Pakistan that represent the best and biological warfare capacity. Count- question period with three questions chance in years to reduce tensions be- less individuals of great dedication, pertaining to the Nunn-Lugar program tween these nuclear powers. serving on the ground in the former So- and other aspects of our nonprolifera- The President supported, through viet Union and in our Government, tion efforts. In each case Dr. Rice ex- personal communication to congres- have made the Nunn-Lugar program pressed the administration’s strongest sional leaders, and signed into law the work. Nevertheless, from the beginning commitment to the programs and to Nunn-Lugar Expansion Act, which es- we have encountered resistance to the diplomatic objectives in question. She tablishes the authority to use Nunn- concept in both the United States and stated: Lugar moneys and expertise outside Russia. I really can think of nothing more impor- the former Soviet Union. In our own country opposition has tant than being able to proceed with the safe In these cases and others, the Presi- sometimes been motivated by false per- dismantlement of the Soviet arsenal, with dent and his administration have em- ceptions that Nunn-Lugar money is nuclear safeguards to make certain that nu- braced diplomacy and skillfully em- foreign assistance or by the belief that clear programs facilities and the like are ployed multilateralists in support of Defense Department funds should only well secured, and then the blending down—as important nonproliferation objectives. be spent on troops, weapons, or other we are doing—of a number of hazardous, po- I believe Dr. Rice’s strong statements warfighting capabilities. Until re- tentially lethal materials that could be used to make nuclear weapons, as well as, of of support for nonproliferation pro- cently, we also faced a general disin- course . . . the chemical weapons. . . . It is grams last week demonstrate the Bush terest in nonproliferation which made just an extremely important program that I administration’s continuing commit- gaining support for Nunn-Lugar fund- think you know that we continue to push. ment to these vital objectives. ing and activities an annual struggle.

VerDate jul 14 2003 00:43 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.021 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S381 The attacks of September 11 changed original Nunn-Lugar Act. Its purpose is I am offering these two bills, with the political discourse radically on to provide the Department of State the hope of passing them at the ear- that subject. We have turned a corner. with a focused response to the threat liest opportunity. I anticipate and wel- The public, the media, and political posed by vulnerable stockpiles of con- come strong support from Members of candidates are now paying more atten- ventional weapons around the world, the Senate that reflects the priority tion. In a remarkable moment in the including tactical missiles and man status of U.S. non proliferation efforts. first Presidential debate of 2004, both portable air defense systems, or Mr. President, I would like to high- President Bush and Senator KERRY MANPADS, as they are now more com- light another topic that is critical to agreed that the No. 1 national security monly called. Such missile systems U.S. foreign policy. This is our effort to threat facing the United States was the could be used by terrorists to attack lead the global fight against the hor- prospect that weapons of mass destruc- commercial airlines, military installa- rific HIV/AIDS pandemic. During the tion would fall into the hands of terror- tions, and government facilities at hearings on Dr. Rice’s nomination, she ists. The 9/11 Commission weighed in home and abroad. Reports suggest that responded to several questions on the with another important endorsement al-Qaida has attempted to acquire administration’s Global AIDS initia- of the Nunn-Lugar program saying these kinds of weapons. tive. I was pleased that she reiterated that: In addition, unsecured conventional the administration’s strong commit- weapons stockpiles are a major obsta- Preventing the proliferation of [weapons of ment to fighting AIDS and underscored mass destruction] warrants a maximum ef- cle to peace, reconstruction, and eco- the importance of paying special atten- fort—by strengthening counterproliferation nomic development in regions suffering tion to the needs of women, who are efforts, expanding the Proliferation Security from instability. My bill declares it to contracting AIDS at an accelerated Initiative, and supporting the Cooperative be the policy of the United States to rate. Threat Reduction Program. seek out surplus and unguarded stocks In 2003, at the administration’s urg- The report went on to say that: of conventional armaments, including ing, Congress passed comprehensive Nunn-Lugar . . . is now in need of expan- small arms and light weapons and tac- legislation that created the Office of sion, improvement and resources. tical missile systems, for elimination. the Global AIDS Coordinator and It authorizes the Department of The first new bill I have introduced is pledged $15 billion over five years to State to carry out a global effort to de- the Nunn-Lugar Cooperative Threat address the HIV/AIDS crisis. We must stroy such weapons and to cooperate Reduction Act of 2005. This bill, which be mindful of the President’s observa- with allies and international organiza- is cosponsored by Senators DOMENICI tion that, ‘‘Time is not on our side,’’ in tions when possible. The Secretary of and HAGEL, would underscore the bi- combating this disease. In Africa, near- State is charged with devising a strat- partisan consensus on Nunn-Lugar by ly 10,000 people contract the HIV virus egy for prioritizing, on a country-by- streamlining and accelerating Nunn- each day. The United States has a clear country basis, the obligation of funds moral obligation to respond generously Lugar implementation. It would grant in a global program of conventional more flexibility to the President and to and quickly to this crisis. arms elimination. Lastly, the Sec- The United States has acted with un- the Secretary of Defense to undertake retary is required to unify program precedented urgency in combating HIV/ nonproliferation projects outside the planning, coordination, and implemen- AIDS globally, and the President’s former Soviet Union. It also would tation of the strategy into one office at emergency plan for HIV/AIDS Relief is eliminate congressionally imposed con- the State Department and to request a showing clear signs of progress. In the ditions on Nunn-Lugar assistance that budget commensurate with the risk first 8 months of the President’s emer- in the past have forced the suspension posed by these weapons. gency plan, the United States has sup- of time-sensitive nonproliferation The Department of State has been ported bilateral programs in 15 of the projects. working to address the threats posed most afflicted countries in Africa, Asia The purpose of the bill is to reduce by conventional weapons. But in my and the Caribbean to provide anti- bureaucratic redtape and friction with- judgment, the current funding alloca- retroviral treatment to those living in our Government that hinder effec- tion and organizational structure are with HIV/AIDS. I am pleased with the tive responses to nonproliferational op- not up to the task. Only about $6 mil- emergency plan’s deep commitment to portunities and emergencies. lion was devoted to securing small international cooperation. In fact, to- At last week’s hearing, Dr. Rice reit- arms and light weapons during the morrow, at the World Economic Forum erated the administration’s strong sup- two-year period that covered FY 2003 in Davos, Switzerland, Ambassador port of the bill. She understands how and FY 2004. We need more focus on Tobias will be joining the leaders of the important it is to prevent needless this problem and more funding to take World Health Organization, UNAIDS, delays in our weapons dismantlement advantage of opportunities to secure and the Global Fund to report on the schedule. vulnerable stockpiles. progress that has been made in making Our recent experience in Albania is In August, I visited Albania, drug treatment available to the devel- illustrative of the need to reduce bu- Ukraine, and Georgia. Each of these oping world. reaucratic delays. Last year in 2004, Al- countries has large stockpiles of The Senate Foreign Relations Com- bania appealed for help in destroying 16 MANPADS and tactical missile sys- mittee continues to work closely with tons of chemical agent left over from tems and each has requested U.S. as- the administration to make the fight the Cold War. In August of last year, I sistance to destroy them. On August 27, against HIV/AIDS a priority. Charged visited this remote facility, the loca- I stood in a remote Albanian military with the oversight of the President’s tion of which still remains classified. storage facility as the base commander initiative, we will continue to hold Nunn-Lugar officials are working unloaded a fully functioning MANPAD hearings and briefings on the subject of closely with Albanian leaders to de- from its crate and readied it for use. AIDS and the progress of the Presi- stroy this dangerous stockpile. But This storage site contained 79 dent’s emergency plan for AIDS Relief. from beginning to end, the bureau- MANPADS that could have been used In 2004, for instance, we held a hearing cratic process to authorize the dis- to attack an American commercial air- focused on the intersection of HIV/ mantlement of chemical weapons in craft or installation. Fortunately, the AIDS and hunger. At this hearing, Am- Albania took more than 3 months, MANPADS that I saw that day were bassador Randall Tobias, the Global largely because of requirements in cur- destroyed on September 2, but there AIDS Coordinator, and Jim Morris, Ex- rent law. Fortunately, the situation in are many more like them throughout ecutive Director of the World Food Albania was not a crisis. But we may the world. Too often, conventional Program, testified about the dev- not be able to afford these timelines in weapons are inadequately stored and astating effects that the HIV/AIDS cri- future nonproliferation emergencies. protected. This presents grave risk to sis is having on agricultural workers The second piece of legislation that I American military bases, embassy and the food supply in sub-Saharan Af- will introduce is the Conventional compounds, and even targets within rica. In addition, we explored the spe- Arms Threat Reduction Act of 2005 or the United States. We must develop a cial nutritional needs of individuals CATRA. This legislation, cosponsored response that is commensurate with who are taking antiretroviral medica- by Senator DOMENICI, is modeled on the the threat. tion.

VerDate jul 14 2003 00:43 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.024 S25PT1 S382 CONGRESSIONAL RECORD — SENATE January 25, 2005 We are just beginning to understand mary school education for orphans and U.S. government. As secretary of state, she how women, and young girls in par- vulnerable children by supporting pro- will face challenges that confront women ev- ticular, are especially vulnerable to grams that reduce the negative impact erywhere. As we engage the Muslim and HIV and AIDS, due to a combination of Arab worlds, efforts are being renewed to of school fees and other expenses. It suppress women’s participation in education, biological, cultural, economic, social also would reaffirm our commitment politics and civil society. In Africa, HIV and and legal factors. Young girls con- to international school lunch pro- AIDS are ravaging a generation of women stitute 75 percent of new infections in grams. School meals provide basic nu- and leaving millions of orphans to be com- South Africa among individuals be- trition to children who otherwise do forted. In Central and Eastern Europe, tween 14 and 25 years of age. In Malawi, not have access to reliable food. They women and girls are being sold into prostitu- the National AIDS Commission has have been a proven incentive for poor tion. said that HIV and AIDS is killing more Despite the challenges she will face, Ms. and orphaned children to enroll in Rice’s appointment is a time for women of women than men, and that HIV-posi- school. color to smile. Our nation finally will put tive girls between 15 and 24 years of age In addition, many women and chil- forward a face that reflects the hopes of gen- outnumber males in the same age dren who lose one or both parents often erations of black women to sit at the table of group by a six to one margin. Even in face difficulty in asserting their inher- national and global affairs and participate as the United States, the disease is having itance rights. Even when the inherit- equals. a devastating effect on women, and is ance rights of women and children are Many women sacrificed to make this mo- the leading cause of death among Afri- ment possible. I pray that Ms. Rice will use spelled out in law, such rights are dif- this profound honor and heavy burden to rep- can American women ages 25 to 34. ficult to claim and are seldom en- resent our country with compassion, Not only are women and girls more forced. In many countries it is difficult strength and integrity, while seeking peace- vulnerable to infection, they are also or impossible for a widow—even if she ful solutions and working to make the world shouldering much of the burden of tak- has small children—to claim property a better place for all people. ing care of sick and dying relatives and after the death of her husband. This Mr. LUGAR. This editorial entitled friends. In addition, in the vast major- often leaves the most vulnerable chil- ‘‘Speeding an AIDS Vaccine’’ lays out ity of cases, they are the caretakers of dren impoverished and homeless. My the case for improved global coordina- the estimated 14 million children who bill seeks to support programs that tion in this area. Achievement of an have been orphaned by this pandemic. protect the inheritance rights of or- AIDS vaccine would save millions of Grandmothers often take the responsi- phans and widows with children. I lives and billions of dollars in treat- bility of caring for grandchildren, and know that Dr. Rice is supportive of ment costs in the coming decades. I am older female children often take care of this legislation, and I am hopeful that, pleased that the Bush administration, their younger siblings. with bipartisan action, it will become through the NIH, already has taken the One such young girl is Fanny law early this year. initiative to establish one Vaccine Re- Madanitsa. Fanny is a 16-year-old girl The AIDS orphans crisis in sub-Saha- search Center and has unveiled support living in Malawi with her two younger ran Africa has implications for polit- for a second one. These centers are a sisters and a brother. Life has been dif- ical stability, development, and human critical element in improving global ficult for Fanny and her siblings since welfare that extend far beyond the re- cooperation on the development of an they lost their parents to AIDS. As the gion. Turning the tide on this crisis AIDS vaccine. oldest child, Fanny must deal with the will require a coordinated, comprehen- Mr. President, I have cited just a stress of taking care of her younger sive, and swift response. I know Dr. small sample of critical issues on siblings. They live in a modest house Rice shares the view that fighting which work in both the executive and and share one bed. Fanny dreams of Global AIDS must be a priority for legislative branches is proceeding with being a nurse, but reaching this goal U.S. foreign policy. I am hopeful that, good results. From my own conversa- will be a challenge for her. She cannot with the President’s Emergency Plan tions with Dr. Rice, I am confident always attend classes, as she some- for AIDS Relief, the Global Fund, and that she understands that the Presi- times has to look after her siblings. Be- Congressional initiatives, we can make dent’s foreign policy can be enhanced cause money is scarce, she has a dif- great strides together in the battle in the second term by a closer working ficult time paying for school materials against this pandemic. relationship with Congress. In moving and other costs of her education. In addition, I ask unanimous consent to head the State Department, she un- But Fanny is more fortunate that to have printed in the RECORD an edi- derstands that much of this commu- many girls in similar circumstances. torial that I co-authored in the Janu- nication will depend on her. Last With the help of her Village AIDS Com- ary 19 edition of the Washington Post week’s hearings were an excellent mittee, a community-based organiza- with Patty Stonesifer, co-chair and start. Her attitude throughout these tion that has organized to take care of President of the Bill and Melinda Gates arduous hearings was always accommo- the orphans in its village, Fanny and Foundation. dating and always respectful of the her siblings receive food, soap, school There being no objection, the mate- Senate’s constitutional role in the materials and also medicines. Through rial was ordered to be printed in the nomination process. From the start she the Village AIDS Committee, which re- RECORD, as follows: made clear her desire to have a wide- ceives support from Save the Children, [From the Washington Post, Jan. 19, 2005] ranging discussion of U.S. foreign pol- the community assists Fanny in IN THE FOOTSTEPS OF HISTORY icy and to take all the questions that watching her siblings so she can attend (By Dorothy Height) members wanted to ask. school. When Condoleezza Rice is sworn in as sec- If confirmed, it will be her duty to Last June, I introduced the Assist- retary of state, she will be following in the use the foundation of these hearings to ance for Orphans and Other Vulnerable footsteps of Mary McLeod Bethune, the build a consistent bridge of commu- Children in Developing Countries Act founder of the National Council of Negro nication to the Congress. As legisla- of 2004. I will reintroduce this bill in Women. Mrs. Bethune was the first black tors, we have equal responsibility in the coming days. It was written with woman to be called upon for policy help by this process. We have the responsibility the support of the administration, and the White House, when Republican President of educating ourselves about national I have received letters from both the Calvin Coolidge asked her to take part in a security issues, even when they are not conference on child care in 1928. She went on State Department and USAID endors- to work with Republican and Democratic the top issues in headlines or polls. We ing its passage. My bill would require presidents while always fighting to advance have the responsibility to maintain the United States Government to de- the interests of black women and children. good foreign affairs law, even when velop a comprehensive strategy for pro- From Sojourner Truth speaking out in the taking care of this duty yields little viding assistance to orphans and would abolitionist movement, to Constance Baker credit back home. We have the respon- authorize the President to support Motley as a voice in the courtroom to Shir- sibility to ensure that our first impulse community-based organizations that ley Chisholm as a candidate for president, in foreign affairs is one of bipartisan- African American women have braved a ship. And we have the responsibility to provide basic care for orphans and vul- world that did not welcome their participa- nerable children. tion. speak plainly when we disagree with Furthermore, my bill aims to im- Ms. Rice will be the first woman of color to the administration, but to avoid in- prove enrollment and access to pri- assume the highest diplomatic post in the flammatory rhetoric that is designed

VerDate jul 14 2003 00:43 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.004 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S383 merely to create partisan advantage or Dr. Rice was the first in the adminis- right one. She defended the President’s settle partisan scores. tration to invoke the terrifying image decision to ignore the advice of GEN I believe that we have the oppor- of a nuclear holocaust to justify the Eric Shinseki, the Army Chief of Staff, tunity with the beginning of a new need to go to war in Iraq. On Sep- who thought that a large number of Presidential term to enhance the con- tember 9, 2002, as Congress was first troops would be necessary if we went to structive role of Congress in foreign considering the resolution to authorize war. policy. We have made an excellent the war, Dr. Rice said: We do not want She said: start during the past week. I thank all the smoking gun to become a mush- I do believe that the plan and forces that 18 Senators who participated in the room cloud. we went in with were appropriate to the Foreign Relations Committee hearings In fact, as we now know, there was task. and all Senators who will join in the significant disagreement in the intel- She refused to disavow the shameful debate today. I strongly urge Members ligence community that Iraq had a nu- acts of torture that have undermined to vote in favor of the nomination of clear weapons program, but Dr. Rice America’s credibility in Iraq and the Dr. Rice to be Secretary of State. I spoke instead about a consensus in the world. yield the floor. intelligence community that the infa- When Senator DODD asked her wheth- The PRESIDING OFFICER. The Sen- mous aluminum tubes were for the de- er in her personal view, as a matter of ator from Massachusetts is recognized. velopment of nuclear weapons. On the basic humanity, the interrogation Mr. KENNEDY. Mr. President, I ask eve of the war many of us argued that techniques amounted to torture, she unanimous consent that the time allot- inspectors should be given a chance to said: ted for Democratic Members under the do their job and that America should I’m not going to speak to any specific in- agreement regarding the Rice nomina- share information to facilitate their terrogation techniques . . . The determina- tion be modified as follows: The time work. tion of whether interrogation techniques are for Senator LIEBERMAN be allocated to In a March 6, 2000, letter to Senator consistent with our international obligations Senator BAYH; Senator DAYTON be allo- LEVIN, Dr. Rice assured the Congress and American law are made by the Justice cated 15 minutes, 5 minutes from Sen- that the United Nations inspectors had Department. I don’t want to comment on any specific interrogation techniques. ator BOXER’s time and 10 minutes from been briefed on every high or medium the time controlled by Senator DURBIN. priority weapons of mass destruction This is after Senator DODD asked The PRESIDING OFFICER. Without missile and UAV-related site the U.S. about water-boarding and other inter- objection, it is so ordered. intelligence community has identified. rogation techniques. She continued: Mr. KENNEDY. Mr. President, I com- In fact, we had not done so. Dr. Rice I don’t think that would be appropriate, mend my friend and colleague, the was plain wrong. and I think it would not be very good for chairman of the Foreign Relations The Intelligence Committee report American security. Committee, for the way he conducted on the prewar intelligence at page 418 Yet, as Secretary of State, Dr. Rice the hearings on the nomination for stated: will be the chief human rights official Secretary of State. I think many of us Public pronouncements by Administration for our Government. She will be re- who were not members of the com- officials that the Central Intelligence Agen- sponsible for monitoring human rights mittee but followed the hearings very cy had shared information on all high and globally, and defending America’s closely were enormously impressed by moderate priority suspect sites with United human rights record. She cannot abdi- the conduct of the hearings, by the Nations inspectors were factually incorrect. cate that responsibility or hide behind flexibility he showed in permitting Had Dr. Rice and others in the ad- the Justice Department if Secretary of Senators to follow up on questions so ministration shared all of the informa- State. we could reach the real nub of the situ- tion, it might have changed the course Dr. Rice also minimized the enor- ation and yet to move the hearings of history. We might have discovered mous challenge we face in training a along in a timely way. That is part of that there were no weapons of mass de- competent Iraqi security force. She in- the long tradition that is associated struction. The rush to war might have sisted 120,000 Iraqis now have been with the chairman of the committee, been stopped. We would have stayed fo- trained, when the quality of training and it is one of the reasons, among oth- cused on the real threat, kept faith for the vast majority of them is obvi- ers, that he is held in such high regard with our allies, and would be safer ously very much in doubt. and respect in the Senate. today. There was no reason to go to war in I intend to oppose Condoleezza Rice’s America is in deep trouble in Iraq Iraq when we did, the way we did, and nomination. There is no doubt that Dr. today because of our misguided policy, for the false reasons we were given. As Rice has impressive credentials. Her and the quagmire is very real. Nearly a principal architect of our failed pol- life story is very moving, and she has 1,400 of our finest men and women in icy, Dr. Rice is the wrong choice for extensive experience in foreign policy. uniform have been killed and more Secretary of State. We need, instead, a In general, I believe the President than 10,000 have been wounded. We now Secretary who is open to a clearer vi- should be able to choose his Cabinet of- know that Saddam had no nuclear sion and a better strategy to stabilize ficials, but this nomination is different weapons, had no weapons of mass de- Iraq, to work with the international because of the war in Iraq. struction of any kind, and that the war community, to bring our troops home Dr. Rice was a key member of the na- has not made America safer from the with dignity and honor, and to restore tional security team that developed threat of al-Qaida. Instead, as the Na- our lost respect in the world. and justified the rationale for war, and tional Intelligence Council recently The stakes are very high and the it has been a catastrophic failure, a stated, the war has made Iraq a breed- challenge is vast. Dr. Rice’s failed continuing quagmire. In these cir- ing ground for terrorism that pre- record on Iraq makes her unqualified cumstances, she should not be pro- viously did not exist. for promotion to Secretary of State moted to Secretary of State. As a result, the war has made us less and I urge the Senate to oppose her There is a critical question about ac- secure, not more secure. It has in- nomination. countability. Dr. Rice was a principal creased support for al-Qaida, made I yield the floor. architect and advocate of the decision America more hated in the world, and The PRESIDING OFFICER. The Sen- to go to war in Iraq at a time when our made it much harder to win the real ator from Minnesota. mission in Afghanistan was not com- war against terrorism, the war against Mr. DAYTON. Mr. President, First plete and Osama bin Laden was a con- al-Qaida. let me thank my colleagues, Senator tinuing threat because of our failure to Before we can repair our broken pol- BOXER and Senator DURBIN for making track him down. In the Armed Services icy, the administration needs to admit available this time for me to address Committee before the war, generals ad- it is broken. Yet in 2 days of confirma- the Senate regarding this nomination. vised against the rush to war, but Dr. tion hearings, Dr. Rice categorically I rise today to oppose the nomination Rice and others in the administration defended the President’s decision to in- of national security adviser pressed forward anyway despite the vade Iraq, saying the strategic decision Condoleezza Rice for Secretary of clear warnings. to overthrow Saddam Hussein was the State. I do so because she misled me

VerDate jul 14 2003 00:43 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.001 S25PT1 S384 CONGRESSIONAL RECORD — SENATE January 25, 2005 about the situation in Iraq before and lying to our committees, and lying to was no admission even then of any mis- after the congressional resolution in the American people. It is wrong. It is take. In fact, she replied: ‘‘I really hope October of 2002 authorizing that war, a immoral. It is un-American. And it has that you will refrain from impugning resolution that I opposed. She misled to stop. my integrity. Thank you, very much.’’ other Members of Congress about the It stops by not promoting top admin- There is a saying that we judge our- situation in Iraq, Members who have istration officials who engage in the selves by our intentions; others judge said they would have opposed that res- practice, who have been instrumental it by our actions. olution if they had been told the truth, in deceiving Congress and the Amer- I don’t know what Dr. Rice’s inten- and she misled the people of Minnesota ican people and, regrettably, that in- tions were, but I do have direct experi- and Americans everywhere about the cludes Dr. Rice. ence with her actions. There was no situation in Iraq before and after that Dr. Rice, in a television interview on slight misunderstanding, or a slip, or war began. September 8, 2002, as the administra- even a mistake that was limited to one It is a war in which 1,372 American tion was launching its campaign to meeting. This was a public statement soldiers have lost their lives, and over scare the American people and stam- made repeatedly by Dr. Rice and simi- 10,000 have been wounded—many of pede Congress about Saddam Hussein’s lar words by Vice President CHENEY them maimed for life. Thousands more supposedly urgent threat to our na- and even by President Bush as part of have been scarred emotionally and tional security, shrewdly invoked the an all-out campaign, which continues physically. All of those families and ultimate threat, that he possessed or even today, to mobilize public support thousands of other American families would soon possess nuclear weapons. and maintain public support for the in- whose loved ones are now serving in She said that day: vasion of Iraq and for continuing war Iraq are suffering serious financial and We don’t want the smoking gun to be a there regardless of what the facts were family hardships, and must wonder and mushroom cloud. then, or are now, and it has been done worry every day and night for a year or Soon thereafter she and other top ad- by misrepresenting those facts, by dis- longer whether their husbands, wives, ministration officials cited intercepted torting the facts, by withholding the fathers, mothers, sons, and daughters aluminum tubes as definite proof that facts, by hiding the truth, by hiding are still alive, will stay alive, and won- Saddam Hussein had an active nuclear the truth in matters of life and death, der when they will be coming home. weapons program underway. Dr. Rice of war and peace, that profoundly af- For many, the answer is: Not soon. stated publicly at the time the tubes: fect our national security, our inter- I read in today’s Washington Post . . . are only really suited for nuclear weap- national reputation, and our future that the Army is planning to keep its ons programs, centrifuge programs. well-being—and will for many years to current troop strength in Iraq at 120,000 In late September of 2002, shortly be- come. for at least 2 more years. I did not fore we in Congress were to vote on the I don’t like to impugn anyone’s in- learn that information as a Member of Iraq war resolution, Dr. Rice invited tegrity. But I really do not like being Congress. I did not learn it as a mem- me, along with I believe five of my lied to repeatedly, flagrantly, inten- ber of the Senate Armed Services Com- Senate colleagues, to the White House tionally. It is wrong. It is undemo- mittee where I regularly attend public where we were briefed by her and then- cratic. It is un-American, and it is dan- hearings, classified meetings, and top CIA Director George Tenet. That brief- gerous. It is very dangerous, and it is secret briefings. I did not learn it from ing was classified. What I was shown occurring far too frequently in this ad- the U.S. military command in Iraq and told conformed to Dr. Rice’s public ministration. with whom I met in Baghdad last statements, with no qualification This Congress, this Senate must de- month. I read it in the Washington whatsoever. Now, of course, we have mand that it stop now. My vote against Post, just as I read last weekend that been told, after an exhaustive search this nomination is my statement that the Secretary of Defense has created for 18 months by over 1,400 United this administration’s lying must stop his own new espionage arm by ‘‘rein- States weapons inspectors, that Sad- now. I urge my colleagues to join me in terpreting an existing law,’’ without dam Hussein did not have an active nu- this demand, Democrat, Republicans, informing most, if any, Members of clear weapons development program Independents. All of us first and fore- Congress and by reportedly ‘‘re- underway and that he apparently pos- most are Americans. We must be told programming funds appropriated for sessed no weapons of mass destruction the truth—for us to govern our country other purposes;’’ just as I learned last of any kind. We have also been told and to preserve our world. That is why weekend by reading the New York that in the fall of 2002, right at the we must vote against this nomination. Times that the Administration is ex- time of my meeting in the White I yield the floor. ploring a reinterpretation of the law to House, right at the time of the Senate The PRESIDING OFFICER. The Sen- allow secret U.S. commando units to and the House’s votes on the Iraq war ator from Indiana. Mr. LUGAR. Mr. President, I ask operate in this country. resolution, the top nuclear experts at I also learned of official reports docu- the U.S. Department of Energy and of- unanimous consent that an editorial by menting horrible abuses of prisoners, ficials in other Federal agencies were Dorothy Height of the Washington innocent civilians as well as enemy disagreeing strongly with Dr. Rice’s Post of January 19 be printed in the combatants, at numerous locations in claim that those aluminum tubes could RECORD. There being no objection, the mate- countries besides the Abu Ghraib pris- only have been intended for use in de- rial was ordered to be printed in the on in Iraq, which directly contradicts veloping nuclear weapons materials. RECORD, as follows: assurances we have been given repeat- That expert dissent and honest dis- [From the Washington Post, Jan. 19, 2005] edly by administration officials in the agreement—a different point of view— Senate Armed Services Committee. was not communicated to me then nor IN THE FOOTSTEPS OF HISTORY I might as well skip all the Senate was it brought to me later. I received (By Dorothy Height) Armed Services Committee hearings no phone call or letter saying: Senator When Condoleezza Rice is sworn in as sec- retary of state, she will be following in the and meetings and top secret briefings DAYTON just wanted to correct a mis- footsteps of Mary McLeod Bethune, the and just read the papers—and thank impression that I unintentionally gave founder of the National Council of Negro goodness for a free and vigilant press you at that meeting. I now have infor- Women. Mrs. Bethune was the first black to ferret out the truth and to report mation that contradicts what we were woman to be called upon for policy help by the truth, because we cannot get the told then. I still believe in my own the White House, when Republican President truth from this administration. views but I want you to be aware of Calvin Coolidge asked her to take part in a Sadly, the attitude of too many of others before you cast the most impor- conference on child care in 1928. She went on my colleagues across the aisle is: Our tant vote of your Senate career or even to work with Republican and Democratic President, regardless whether he is a call or communication after that presidents while always fighting to advance the interests of black woman and children. wrong, wrong, or wrong, they defend vote was cast. There was nothing. From Sojourner Truth speaking out in the him, they protect him, and they allow When Senator BOXER rightly pressed abolitionist movement, to Constance Baker his top administration officials to get Dr. Rice on this point in the Foreign Motley as a voice in the courtroom to Shir- away with lying. Lying to Congress, Relations confirmation hearing, there ley Chisholm as a candidate for president,

VerDate jul 14 2003 00:43 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.028 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S385 African American women have braved a One of the most well known was the But our intelligence community did world that did not welcome their participa- allegation that Iraq was trying to ob- not believe it. Indeed, they had at- tion. tain uranium from Africa, which was tempted to dissuade the British from Ms. Rice will be the first woman of color to cited to demonstrate that Iraq was re- publishing the allegation in Sep- assume the highest diplomatic post in the U.S. government. As secretary of state, she constituting its nuclear weapons pro- tember, and they successfully made will face challenges that confront women ev- gram. But our intelligence community several high-level interventions with erywhere. As we engage the Muslim and did not believe it was true, and took the White House in October to have the Arab worlds, efforts are being renewed to numerous actions to make its concerns allegation removed from the Presi- suppress women’s participation in education, known—even urging the British not to dent’s Cincinnati speech. Concerning politics and civil society. In Africa, HIV and publish the allegation in September of the British report, Director Tenet said AIDS are ravaging a generation of women 2002. the CIA ‘‘differed with the British on and leaving millions of orphans to be com- So how did it happen that President the reliability of the uranium report- forted. In Central and Eastern Europe, woman and girls are being sold into prostitu- Bush in his January 28, 2003, State of ing.’’ tion. the Union speech said that ‘‘The Brit- What was the role of Dr. Rice in all Despite the challenges she will face, Ms. ish government has learned that Sad- of this? I asked her in my questions for Rice’s appointment is a time for women of dam Hussein recently sought signifi- the record whether she was aware the color to smile. Our nation finally will put cant quantities of uranium from Afri- intelligence community had doubts forward a face that reflects the hopes of gen- ca’’? about the credibility of the reports, erations of black women to sit at the table of When the CIA saw a draft of the and if not, how she could not know, national and global affairs and participates President’s Cincinnati speech for Octo- as equals. given all of the activity prior to the Many women sacrificed to make this mo- ber 7, 2002, it asked the White House to President’s October 7 Cincinnati ment possible. I pray that Ms. Rice will use delete the allegation that Iraq had speech, including the memo to her. this profound honor and heavy burden to rep- been seeking uranium from Africa, and In response, Dr. Rice said, ‘‘I do not resent our country with compassion, the White House did remove the ref- recall reading or receiving the CIA strength and integrity, while seeking peace- erence entirely. memo,’’ and ‘‘I do not recall Intel- ful solutions and working to make the world On October 5, 2002, the CIA sent a ligence Community concerns about the a better place for all people. memo explaining its views to Steven credibility of reports about Iraq’s at- Mr. LUGAR. Mr. President, I thank Hadley, Dr. Rice’s deputy. It sent an- tempts to obtain uranium from Africa the Chair and yield the floor. other memo to Dr. Rice and to Mr. either at the time of the Cincinnati The PRESIDING OFFICER. The Sen- Hadley on October 6, again expressing speech or the State of the Union ator from Michigan. doubt about the reports of Iraq’s at- speech.’’ Mr. LEVIN. Mr. President, the Presi- tempt to get uranium from Africa. Frankly, I am surprised and dis- dent’s nomination of Dr. Condoleezza Finally, George Tenet, the Director appointed that the National Security Rice to be Secretary of State presents of Central Intelligence himself, person- Adviser would not remember an issue the Senate with a difficult decision. Dr. ally called Mr. Hadley to urge that the of this magnitude. Rice will bring an impressive set of uranium allegation be removed from However, it was not only the Presi- public policy and academic credentials the speech—which it was. dent who made that allegation, Dr. to the job of Secretary of State. Her This was not just some routine staff Rice made it herself in an op-ed in the personal story is inspiring. Nonethe- action or a low-level CIA analyst who New York Times on January 23, 2003, 5 less, Dr. Rice’s record on Iraq gives me called the National Security Council. days before the State of the Union great concern. It was a memorandum from the CIA to speech, and 31⁄2 months after the same In her public statements, she clearly Dr. Rice, and the Director of Central allegation had been removed from the overstated and exaggerated the intel- Intelligence himself who called Dr. Cincinnati speech at the CIA’s request. ligence concerning Iraq before the war Rice’s deputy to make it clear what his She wrote that Iraq’s declaration to in order to support the President’s de- concerns were and to request the re- the U.N. ‘‘fails to account for or ex- cision to initiate military action moval of the allegation. plain Iraq’s efforts to get uranium from 1 against Iraq. Since the Iraq effort has Yet just 3 ⁄2 months later the White abroad.’’ run into great difficulty, she has also House put the African uranium allega- Another question I asked Dr. Rice for attempted to revise history as to why tion back into a draft of the State of the record was whether, prior to the we went into Iraq. the Union speech. That draft made no January 2003 State of the Union I approach this issue as the ranking mention of the British. It was a ref- speech, she had discussed with Steven member of the Armed Services Com- erence like the one that was removed Hadley, her Deputy, the choice of word- mittee and as a member of the Intel- from the Cincinnati speech a few ing in that portion of the speech and ligence Committee. Both committees months before. It asserted in that draft whether she was aware that the lan- have devoted a great deal of time over what purported to be the view of the guage had been changed to refer to the the last 2 years to issues concerning U.S. Government—that Iraq had been British rather than stating it as the Iraq, including the Intelligence Com- trying to obtain uranium from Africa. U.S. Government’s view. In her re- mittee inquiry into prewar intel- According to Director Tenet, shortly sponse she said: ligence. before the speech was delivered, the Yes, I did discuss with Stephen Hadley con- These inquiries indicated major prob- CIA received portions of the draft of cerns the intelligence community had about lems with the intelligence on Iraq and the State of the Union to review, in- protecting sources and methods regarding re- how it was exaggerated or misused to cluding the allegation about uranium ports on Iraq’s attempts to procure uranium make the case to the American people from Africa. A senior CIA staff member from Africa. These concerns were addressed of the need to initiate an attack called the National Security Council by citing a foreign government service. I do against Iraq. Dr. Rice is a major player staff to repeat his concerns about the not recall any discussion of concerns about in that effort—a frequent and highly allegation. Instead of removing the the credibility of the report. visible public voice. text from the speech, the National Se- However, the CIA requested on three Dr. Rice is not directly responsible curity Council and the White House separate occasions that the reference for the intelligence failures prior to changed the text to make reference to in the Cincinnati speech be removed the Iraq war. The intelligence commu- the British view, suggesting, of course, entirely because the CIA had doubts nity’s many failures are catalogued in that the United States believed the about the credibility of the reports. the 500-page report of the Senate Intel- British view to be accurate. In Dr. Rice’s answers to my ques- ligence Committee. But Dr. Rice is re- That formula was highly deceptive. tions, while she failed to remember all sponsible for her own distortions and The only reason to say the ‘‘British the direct interventions by the CIA to exaggerations of the intelligence which have learned’’ that Saddam Hussein have the uranium allegation removed was provided to her. was seeking uranium from Africa was from the President’s Cincinnati speech, Here are a few of those exaggerations to create the impression that we be- including a CIA memo to her, she in- and distortions. lieved it. stead relied on a single sentence from

VerDate jul 14 2003 02:04 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.007 S25PT1 S386 CONGRESSIONAL RECORD — SENATE January 25, 2005 the October 1, 2002, national intel- ligence or overstated the case to help of’’ the nuclear program. She never an- ligence estimate, asserting that ‘‘Iraq persuade the public of the need to go to swered the question of whether she was also began vigorously trying to procure war against Iraq. Let me cite a few. aware of the debate when she and the uranium and yellow cake’’ from Africa. On September 8, 2002, Dr. Rice said President made their erroneous state- There are four problems with her an- on CNN: ments. swers. First, after that national intel- We do know that there have been ship- One more example. On November 15, ligence estimate was produced, the CIA ments going into . . . Iraq, for instance, of 2002, Dr. Rice said Saddam Hussein had made its multiple interventions with . . . high quality aluminum tubes that are been ‘‘helping some al Qaeda the National Security Council, includ- only really suited for nuclear weapons, cen- operatives gain training in CBRN ing two memos and the call from DCI trifuge programs. [Chemical, Biological, Radiological or Tenet to Dr. Rice’s Deputy, to have the On July 30, 2003, she said that ‘‘the Nuclear weapons].’’ uranium allegation removed from the consensus view of the American intel- On March 9, 2003, shortly before the draft October 7 Cincinnati speech be- ligence agency’’ was that the alu- war, she made a statement about the cause of the doubts about the credi- minum tubes ‘‘were most likely for links between Saddam and al Qaeda, bility of the reports. It was then re- this use’’—meaning for centrifuges to including a ‘‘very strong link to train- moved. make nuclear weapons. ing al Qaeda in chemical and biological So the CIA’s doubts about the report- However, contrary to her claim, weapons techniques.’’ ing and the White House’s removal of there was no certainty and no con- On September 7, 2003, she said: that allegation from the Cincinnati sensus view within the intelligence we know there was training of al Qaeda in speech came after the hastily assem- community about the use of the alu- chemical and perhaps biological warfare. bled national intelligence estimate of minum tubes. In fact, there was a fun- Those comments indicated certainty October 1, 2002. damental disagreement, and the De- that Iraq provided training in chemical Second, according to George Tenet, partment of Energy, which has the Na- and biological weapons to al-Qaida. But the Director of Central Intelligence, tion’s foremost centrifuge experts, and the CIA had said that the reports of the CIA’s concerns were with the credi- the State Department did not believe training came from sources of ‘‘varying bility of the reports, not with sources the tubes were intended for cen- reliability,’’ and were ‘‘contradictory,’’ and methods. In a statement issued in trifuges. They believed the tubes were as the Senate Intelligence Committee July of 2003, he said the CIA received intended for conventional artillery report makes clear. portions of the draft speech shortly be- rockets. Their disagreeing views were Dr. Rice took what was a possibility fore it was given and that the CIA offi- explicitly included in the October 2002 and portrayed it as a fact. Prior to the war, senior administra- cials ‘‘raised several concerns about national intelligence estimate. tion officials repeatedly and publicly the fragmentary nature of the intel- In my questions for the record, I stated that the reason the United ligence with the National Security asked Dr. Rice why she had said there States had to be prepared to use mili- Council colleagues.’’ In that statement was a consensus when there was none. tary force, and then go to war against he made no fewer than five references Her answer did not respond to my ques- Saddam, was to disarm Iraq of its to CIA doubts about the reliability of tion. So the question remains: Why did weapons of mass destruction, which the intelligence. He did not mention she say there was a consensus when Saddam was said to be likely to pro- concerns about protecting sources and there was not a consensus, and why did she say they were ‘‘only really suited vide to terrorists like al-Qaida. methods. Before the war, Dr. Rice said the fol- for nuclear weapons’’ when they were, Third, in relying on one erroneous lowing, on September 25, 2002: ‘‘This is in fact, not only suitable for other pur- sentence in the NIE, Dr. Rice did not a matter of disarming the Iraqi regime, poses but, indeed, had been used for mention the opposing sentence in that because that’s the danger, is that Sad- other purposes by Iraq—namely, for same NIE written by the State Depart- dam Hussein with nuclear, chemical, ment’s Bureau of Intelligence and Re- conventional artillery rockets? biological weapons will be a threat to In summary, Dr. Rice made the pub- search, which stated that ‘‘the claims his people, his neighbors, and to us.’’ of Iraqi pursuit of natural uranium in lic case against Iraq as having recon- On March 9, 2003, just 10 days before Africa are, in INR’s assessment, highly stituted its nuclear weapons program the start of the war, she said: ‘‘What dubious.’’ So the NIE, which she re- far stronger than was supported by the the President is saying to the Amer- ferred to, also contained an explicit classified intelligence. She exaggerated ican people is . . . ‘I will not stand by dissenting view on the issue of African and distorted the facts and the intel- until the moment when Saddam Hus- uranium, but she ignored that portion ligence provided to her in order to help sein is good at delivering biological of the NIE. convince the American public of the weapons, by unmanned aerial vehi- Finally, and most significantly, if need to go to war. cles.’’’ the State of the Union speech was rely- Dr. Rice has also not been forth- On April 10, 2003 Ari Fleischer, the ing upon that one sentence in the na- coming on the question of when she President’s spokesman, summarized tional intelligence estimate, it would knew of the differences within the in- the point succinctly: ‘‘We have high have presented the allegation about telligence community relative to the confidence that they have weapons of Iraq seeking African uranium as some- intended use of the aluminum tubes. mass destruction. That is what this thing the United States believed rather Senator BIDEN asked Dr. Rice in a writ- war was about and it is about.’’ than something the ‘‘British have ten question before the confirmation When questioned about this issue at learned.’’ hearings whether she knew of the long- her confirmation hearing on January That is where Dr. Rice’s answers un- standing debate within the intelligence 18, Dr. Rice joined the effort to rewrite ravel. If the NIE’s erroneous statement community at the time of her Sep- the history of the publicly stated rea- that ‘‘Iraq also began vigorously trying tember 8, 2002 statement that the alu- sons for attacking Iraq. She said: ‘‘It to procure uranium ore and yellow- minum tubes ‘‘are only really suited wasn’t just weapons of mass destruc- cake’’ from Africa was the basis for the for nuclear weapons programs, cen- tion. . . . It was the total picture, Sen- State of the Union speech representa- trifuge programs,’’ and when President ator, not just weapons of mass destruc- tions, that speech would not have re- Bush said four days later that ‘‘Iraq tion, that caused us to decide that, lied on the British view. It would have has made several attempts to buy high- post-September 11th, it was finally been stated as our own view. The prob- strength aluminum tubes used to en- time to deal with Saddam Hussein.’’ lem is that it was not our view. The rich uranium for a nuclear weapon.’’ The simple fact is that before the statement about the British learning of She simply ducked the issue, and war, the administration repeatedly and Iraq’s efforts to obtain uranium in Af- quoted a passage from the October 2002 dramatically made the case for war on rica was a conscious effort to create an NIE about a number of alleged Iraqi the issue of Iraq possessing and con- impression that we believed something uranium enrichment activities—in- tinuing to develop weapons of mass de- that we actually did not believe. cluding the aluminum tubes—noting struction, and the likelihood that Sad- Now, there are other examples in that the Department of Energy be- dam Hussein would provide those weap- which Dr. Rice exaggerated the intel- lieved the tubes ‘‘probably are not part ons to terrorists like al Qaeda. For Dr.

VerDate jul 14 2003 00:43 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.032 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S387 Rice to suggest that there were many The Administration used the same need to go to war. Few things are as other, equally compelling, reasons to rose-colored glasses in estimating the fateful as that decision. go to war simply does not square with cost of rebuilding Iraq. Dr. Rice said Finally, Secretaries of State must be the reality of how the administration there were always going to be ‘‘ups and strong enough to tell a President what persuaded the American people and the downs’’. But before the war, the admin- he may not want to hear. There is ad- Congress of the need for war. Her sug- istration never talked about, never mittedly one recent glimmer of hope in gestion is an effort to revise the his- planned for, and never prepared the that regard. tory of the administration’s presen- American people for the ‘‘downs’’ of re- In response to my written question, tations to the American people. building Iraq. It only focused on the Dr. Rice did acknowledge that ‘‘there Dr. Rice again engaged in revisionist ‘‘ups’’. So I find Dr. Rice’s latest as- is of course a distinction’’ between history about the Iraq military cam- sessment that the administration Saddam Hussein and al Qaeda when it paign during her nomination hearings never thought that the post-Saddam comes to the war on terrorism. That before the Senate Foreign Relations period was going to be easy to be star- stands in contrast to President Bush’s Committee on January 18, 2005. Dr. tlingly at odds with the administra- claim on September 25, 2002, that Rice claimed: ‘‘This was never going to tion’s claims in making the case for ‘‘[Y]ou can’t distinguish between al be easy; it was always going to have the Iraq war in the first place. Qaeda and Saddam when you talk ups and downs.’’ One of my main concerns about this about the war on terror.’’ Dr. Rice’s statement is striking, not administration, including Dr. Rice, is But that glimmer of independence is because of its substance, but because of that there appears to be no account- not enough to change my view that Dr. how it stands in contrast to what the ability for the many mistakes. Rice should not be confirmed as Sec- administration was telling Congress Consider the case of George Tenet, retary of State. and the American people in the months the former Director of Central Intel- The Bush administration’s prewar before the invasion of Iraq. ligence, who covered the administra- distortions and exaggerations of intel- The administration downplayed the tion’s exaggerations on Iraq. President ligence concerning Iraq’s weapons of difficulties of invading Iraq by claim- Bush had been publicly saying things mass destruction and ties to al Qaeda ing that we would be greeted as ‘‘lib- like ‘‘on any given day,’’ Saddam could were the publicly stated basis for initi- erators’’ by the Iraqi people. When provide WMD to terrorists, and that ating the war. Army Chief of Staff General Eric Saddam ‘‘would like nothing more than I ask unanimous consent the ques- Shinseki predicted that ‘‘several hun- to use a terrorist network to attack tions and answers I asked of Dr. Rice dred thousand soldiers’’ probably would and kill and leave no fingerprints.’’ also be printed in the RECORD following be needed for the occupation of Iraq President Bush repeatedly indicated my statement. following the fall of Saddam Hussein, that Saddam might give WMD to ter- The PRESIDING OFFICER (Mr. senior Defense Department officials re- rorists without provocation. BURR). Without objection, it is so or- jected General Shinseki’s assessment. On October 7, 2002 DCI Tenet sent a dered. Instead, Deputy Secretary of Defense letter to the Senate Intelligence Com- (See exhibit 1.) Wolfowitz told the House Budget Com- mittee declassifying portions of its new Mr. LEVIN. Finally, I think I have 1 mittee before the start of the war: ‘‘I National Intelligence Estimate on Iraq. additional minute. I will use that to am reasonably certain that they [the That letter made clear that the intel- conclude. Iraqi people] will greet us as liberators, ligence community believed it was un- Voting to confirm Dr. Rice as Sec- and that will help us to keep require- likely that Saddam would share WMD retary of State would be a stamp of ap- ments down.’’ He also said that ‘‘the with terrorists, and said it would be an proval for her participation in the dis- notion of hundreds of thousands of ‘‘extreme step’’ and a ‘‘last chance to tortions and exaggerations of intel- American troops is way off the mark.’’ exact vengeance’’ if the U.S. had al- ligence that the administration used Vice President CHENEY also repeated ready attacked Iraq. before it initiated the war in Iraq, and this claim to downplay the cost of re- So there was a clear inconsistency the hubris which led to the administra- gime change in Iraq. During an appear- between the views of the intelligence tion’s inexcusable failure to plan and ance on NBC’s ‘‘Meet the Press’’ on community and the public comments prepare for the aftermath of the over- March 16, 2003, the Vice President said: of the President. Yet, incredibly, on throw of Saddam Hussein, with tragic ‘‘The read we get on the people of Iraq October 8, 2002, just a few days before ongoing consequences. is there is no question . . . they will the Senate was to vote on the resolu- I believe we must do all we can to welcome as liberators the United tion to authorize the use of force support our troops in their efforts to States when we come to do that.’’ against Iraq, DCI Tenet issued a state- create a democratic government in It was precisely the administration’s ment to the press saying ‘‘there is no Iraq, despite the circumstances we are rose-colored conviction that our troops inconsistency’’ between the views in in. But I cannot, in good conscience, would be hailed by the Iraqi people as the letter and the President’s views, give my approval to the mistakes and liberators that resulted in the inexcus- which was simply false. Its motivation misjudgments that helped to create able failure to plan for a difficult and was transparent: An honest acknowl- those circumstances. I will, therefore, costly occupation of Iraq following the edgment of inconsistency might have vote against the confirmation of Dr. end of major hostilities. had a negative effect on the Senate Rice to be Secretary of State. Similarly, administration officials vote. I thank the Chair and yield the floor. grossly underestimated the costs to the Instead of being held accountable for EXHIBIT 1 American people of rebuilding Iraq. In that critical misstatement, and instead QUESTIONS FOR THE RECORD FROM SENATOR March 2003, Deputy Secretary of De- of being held accountable for the Octo- CARL LEVIN TO DR. CONDOLEEZZA RICE, AND fense Wolfowitz testified before Con- ber 2002 NIE, which was rife with er- HER RESPONSES (IN CONJUNCTION WITH HER gress that Iraq ‘‘can really finance its rors, all in the direction of making Iraq NOMINATION TO BE SECRETARY OF STATE) own reconstruction, and relatively more threatening, including erroneous URANIUM FROM AFRICA soon.’’ The next month, in April 2003, statements not based on the under- 1. The CIA had sent a memo to you and Mr. the head of the U.S. Agency for Inter- lying intelligence, George Tenet was Hadley on October 6, 2002 concerning a draft national Development publicly esti- awarded the Presidential Medal of of the President’s scheduled October 7, 2002 mated that the American taxpayers’ Freedom by President Bush. That is Cincinnati speech. That memo included an portion of Iraqi reconstruction costs not accountability. Accountability for explanation of the reasons why the CIA be- would be $1.7 billion, adding that there mistakes and failures, no matter how lieved the reference to Iraq’s attempts to ob- were ‘‘no plans for any further-on fund- serious, is not the hallmark of this ad- tain uranium from Africa should be deleted. ing for this.’’ Instead, Congress has ap- The CIA had sent a previous memo to Mr. ministration. Hadley (and Mr. Gerson, who was the speech- proved over $20 billion in reconstruc- Dr. Rice’s exaggerations and distor- writer) the day before that memo sent to tion funds for Iraq, and the final bill tions concerning Iraq were an impor- you, again expressing its doubts about the for the American taxpayer could reach tant part of the administration’s effort reports of Iraq’s attempts to get uranium hundreds of billions of dollars. to convince the American people of the from Africa. Finally, the Director of Central

VerDate jul 14 2003 00:43 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.010 S25PT1 S388 CONGRESSIONAL RECORD — SENATE January 25, 2005 Intelligence, George Tenet, called Mr. Had- all the activity indicating CIA doubts and to the war on terror, or do you think they ley directly to ask that the reference to ura- concerns about the claim, including a CIA are indistinguishable? nium from Africa be deleted from the Octo- memo sent to you in early October 2002, how Answer: Yes, there is of course a distinc- ber 7 speech. As a result of the CIA’s mul- could you not know of the doubts and con- tion, but Saddam Hussein did harbor terror- tiple expressions of its doubts about these re- cerns? ists and had many other ties to terrorists, ports, the reference was deleted, and the Oc- Answer: I do not recall reading or receiving including contacts with al Qaeda, as the 9–11 tober 2002 speech made no mention of Iraq’s the CIA memo of October 2002. However, I Commission recognized. And he was an purported attempts to obtain uranium from was aware of the October 2002 National Intel- avowed enemy of America and of our allies. Africa. Given all this and other activity, ligence Estimate stating ‘‘Iraq also began The possibility that an outlaw state might were you aware at that time (October 2002) vigorously trying to procure uranium ore pass a weapon of mass destruction to a ter- that the Intelligence Community had doubts and yellowcake; acquiring either could rorist is the greatest danger of our time. shorten the time Baghdad needs to produce about the reports of Iraq’s purported efforts The PRESIDING OFFICER. The Sen- to obtain uranium from Africa? Were you nuclear weapons.’’ 6. On June 8, 2003, on ABC’s This Week ator from Indiana. aware prior to January 28, 2003, the date of with George Stephanopoulos, you said ‘‘At the President’s State of the Union speech? Mr. LUGAR. Mr. President, I ask Answer: I do not recall Intelligence Com- the time the State of the Union address was unanimous consent that when the Sen- prepared, there were also other sources that munity concerns about the credibility of re- ate reconvenes at 2:15, the following be said that they were, the Iraqis were seeking ports about Iraq’s attempts to obtain ura- the order of speakers: Senator MCCON- yellow-cake, uranium oxide, from Africa. nium from Africa either at the time of the And that was taken out of a British report. NELL, Senator BYRD, Senator HAGEL, Cincinnati speech or the State of the Union Clearly, that particular report, we learned Senator ALLEN, Senator BOXER, Sen- speech. I would note that the Senate Select subsequently, subsequently, was not cred- ator ALEXANDER, Senator DURBIN, a Re- Committee on Intelligence report on prewar ible. . . . The intelligence community did publican Senator, and Senator FEIN- intelligence assessments on Iraq stated: not know at that time or at levels that got ‘‘When coordinating the State of the STEIN. to us that this, that there was serious ques- The PRESIDING OFFICER. Is there Union, no Central Intelligence Agency (CIA) tions about this report.’’ analysts or officials told the National Secu- How could you say such a thing when, be- objection? rity Council (NSC) to remove the ‘6 words’ or fore the State of the Union speech, the CIA Mrs. HUTCHISON. Mr. President, re- that there were concerns about the credi- had told the British of its doubts about the serving the right to object. bility of the Iraq-Niger uranium reporting.’’ claim and urged them to remove it from The PRESIDING OFFICER. The Sen- 2. Prior to the State of the Union speech their dossier; when the Director of Central ator from Texas. (January 28, 2003), did you ever discuss with Intelligence had personally called your Dep- the Director of Central Intelligence, George Mrs. HUTCHISON. No objection. uty, Stephen Hadley; when the DCI had sent The PRESIDING OFFICER. Without Tenet, the Intelligence Community’s doubts a memo on October 5 to Mr. Hadley; and about reports of Iraq’s attempts to get ura- when he sent another memo to you and Mr. objection, it is so ordered. nium from Africa? If so, when was the first Hadley on October 6, all explaining why the Mr. LUGAR. I thank the Chair. This time you discussed the matter with him, and claim should be removed from the Presi- will be helpful, I believe, so Senators how many times did you discuss the issue dent’s October 7 Cincinnati speech, which it can allocate their time. I would com- prior to the State of the Union? was. How can you claim that ‘‘the intel- ment to the Chair this means that es- Answer: I do not recall discussing Intel- ligence community did not know at that sentially the period from 2:15 to ap- ligence Community doubts about such re- time or at levels that got to us that this, proximately 5 o’clock will be consumed ports with Director Tenet prior to the State that there was serious questions about this of the Union. report’’? by these Senators. But the order allows 3. Prior to the State of the Union speech of Answer: National Intelligence Estimates for 9 hours of debate, which means January 2003, did you ever discuss with Ste- represent the authoritative judgment of the theoretically there could be 4 more phen Hadley, your deputy, the choice of Intelligence Community. CIA also provided hours-plus after that to accommodate wording for the speech concerning Iraq’s pur- information citing Iraq’s attempts to pro- other Senators. ported attempts to obtain uranium from Af- cure uranium from Africa to the White Mr. President, I also ask unanimous rica? Prior to the speech, were you aware House four days before the State of the that the language had been changed to make Union speech. I would also note that the consent that during quorum calls the reference to the British having learned of Senate Intelligence Committee concluded time be charged equally against both such efforts, rather than stating it as the US that no CIA analysts or officials expressed sides. Government view? doubt about the uranium reporting when co- The PRESIDING OFFICER. Is there Answer: Yes, I did discuss with Stephen ordinating on the State of the Union speech. objection? Hadley concerns the Intelligence Community IRAQ: ALUMINUM TUBES Without objection, it is so ordered. had about protecting sources and methods 7. On July 30, 2003, you said ‘‘the consensus The Senator from Indiana. regarding reports on Iraqi attempts to pro- view of the American intelligence agency’’ Mr. BAYH. I ask my colleague from cure uranium from Africa. These concerns [sic] was . . . that the aluminum tubes ‘‘were Texas, which of us was on the floor were addressed by citing a foreign govern- most likely for this use,’’ meaning for cen- ment service. I do not recall any discussion trifuges to make nuclear weapons. However, first? of concerns about the credibility of the re- there was no consensus view on the use of Mrs. HUTCHISON. Mr. President, I ports. the aluminum tubes; there was a funda- do not know. I thought I was supposed 4. Were you at all involved in the decision- mental disagreement within the Intelligence to speak at 12:15, but if—— making process about the phraseology of the Community, and the Department of Energy Mr. BAYH. I thought I was supposed wording for the January 28, 2003 State of the and the State Department did not believe to speak at 12:10. So I guess the trains Union speech concerning Iraq’s purported at- the tubes were intended for centrifuges. are not running on schedule today. tempts to obtain uranium from Africa (‘‘The Given that there was no consensus, why did British government has learned that Saddam you say there was? Mrs. HUTCHISON. Mr. President, I Hussein recently sought significant quan- Answer: The October 2002 National Intel- ask the distinguished chairman, are tities of uranium from Africa’’)? Who was ligence Estimate established the Intelligence there any other speakers or are Sen- the author of the wording, and was the au- Community’s authoritative assessment on ator BAYH and I the last two? thor aware that the CIA had serious doubts the aluminum tubes issue. It stated: Mr. LUGAR. My information is at ‘‘Most agencies believe that Saddam’s per- about the claim at least as early as Sep- some point Senator SALAZAR wishes to tember 2002? sonal interest in and Iraq’s aggressive at- tempts to obtain high-strength aluminum speak before the luncheons. Answer: Yes, I did discuss with Stephen Mrs. HUTCHISON. I would suggest, Hadley concerns the Intelligence Community tubes for centrifuge rotors—as well as Iraq’s had about protecting sources and methods attempts to acquire magnets, high-speed bal- then, that Senator BAYH go next and I regarding reports on Iraqi attempts to pro- ancing machines and machine tools—provide be able to follow him. cure uranium from Africa. The State of the compelling evidence that Saddam is recon- Mr. LUGAR. And then Senator Union speech was prepared by the Presi- stituting a uranium enrichment effort for SALAZAR be accommodated. I ask unan- dent’s speechwriters, in coordination with Baghdad’s nuclear weapons program. (DOE imous consent that be the order. other members of the executive branch. I do agrees that reconstitution of the nuclear The PRESIDING OFFICER. Without not know who actually authored the words program is underway but assesses that the tubes are probably not part of the pro- objection, it is so ordered. about Iraq’s attempts to procure uranium The Senator from Indiana. from Africa. gram.)’’ A footnote noted INR’s alternative 5. On July 13, 2004 you said the following on view to the NIE’s authoritative assessment. Mr. BAYH. Mr. President, I thank Face the Nation: ‘‘What I knew at the time NO DISTINCTION BETWEEN IRAQ AND AL QAEDA? the Senator from Texas for her cour- is that no one had told us that there were 8. Do you make any distinction between tesy, and I pledge I will do my best to concerns about the British reporting.’’ Given Saddam Hussein and al Qaeda when it comes finish in 10 minutes or less.

VerDate jul 14 2003 02:04 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.008 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S389 It is a pleasure to be on the floor human rights violators, not those who As a former executive of our own today with my friend and colleague should be held accountable for their State, I have always believed that ac- from Indiana. I have often thought own actions, but the privates, the cor- countability for performance is vitally that events around the world, and par- porals, the lieutenants, the captains, important to success. If this President ticularly in Iraq, would have gone so those who should be on our side pro- will not provide it, then it is up to much better if those in a position to viding for stability and security in Iraq those of us in the Senate to do so. make policy for our country had lis- and now, tragically, are being paid to I believe with all of my heart that tened to his wise counsel and advice. It kill Americans because we sent them our country is strongest when we stand is not often I find myself in disagree- home and said they had no future in for freedom and democracy. We are at- ment with my friend, but on this occa- the Iraq that we were hoping to build. tempting to accomplish the right thing sion I do. Likewise, we disqualified all former in Iraq. We have been the authors of I rise to express my opposition to the Baathists from serving even in lower much of our own misery. As a result of nomination of Condoleezza Rice and levels of the bureaucracy in that coun- that, I cannot find it in my heart or in her proposed promotion to that of the try. They could have helped us run the my mind to vote for the promotion of position of Secretary of State—not be- nation. They could have helped us to Dr. Rice. Accountability is important. cause I object to her personally; I do reassure the Sunni community that we I will vote no and urge my colleagues not; not because I oppose the mission wanted to reincorporate them in the to do the same. of establishing freedom and democracy future of Iraq. Instead, many of them I yield the floor. in Iraq; on the contrary, I support it; are fighting us today in Iraq as well. The PRESIDING OFFICER. The Sen- but because I believe she has been a All of these mistakes have substan- ator from Texas is recognized. principal architect of policy errors that tially undermined our prospects for Mrs. HUTCHISON. Mr. President, I success, and tragically so. The chaos have tragically undermined our pros- have listened to some of the debate on that has arisen from the lack of secu- pects for success in this endeavor. this nomination. It is unfortunate that Those in charge must be held ac- rity and stability has fed this insur- we have lost focus about what we countable for mistakes. We must learn gency. should be doing in the confirmation of I asked one of our top ranking offi- from them, correct them, so we may the Secretary of State. I don’t think cials in Iraq in December which was succeed in Iraq. If the President of the rehashing potential mistakes some growing more quickly, our ability to United States will not do this, then think may have been made in the war train Iraqis to combat the insurgency on terrorism, specifically in Iraq, is those in the Senate must. or the insurgency itself? His two-word The list of errors is lengthy and pro- something that should be brought up response: The insurgency. Unfortu- found, and, unfortunately, many could as a reason to vote against Condoleezza nately, in some regards we have even have been avoided if Dr. Rice and oth- Rice for Secretary of State. succeeded in discrediting the very ers had only listened to the counsel of- I, for one, will say mistakes have cause for which we are fighting and been made. I don’t think war is ever fered from both sides of the aisle. dying today. I listened intently to the From the beginning of this under- perfect. You can’t make an outline and President’s inaugural address on the taking, we have had inadequate troop say this is how a war is going to go and steps of this Capitol in which he spoke strength to accomplish the mission. expect it to go in that exact way. How- repeatedly about the need to advocate The mission was, of course, not to sim- ever, I don’t think anyone could have freedom and liberty and democracy ply realize regime change in Iraq but, anticipated all that has happened or around the world, not only because it instead, to recognize and accomplish the kind of enemy that we face. An is in our interest but because it is in nation building at its most profound. enemy that is willing to blow itself up the interest of peace and stability We violated a fundamental tenet of to kill innocent people requires a dif- across the planet as a whole. In that planning for war, which is to plan for ferent strategy and approach. We are regard he is right. the worst and hope for the best. In- But I could not help but recall the making the adjustments. One of the leaders who has kept a stead, all too often in Iraq we have words of a member of the Iraqi Elec- steady focus on the war on terrorism hoped for the best and, instead, are toral Commission, a Turkoman from and our efforts in Iraq is the woman reaching the worst. Kirkuk, who finally looked at me in who is before us today. It is The advice to have greater troop Baghdad and said: Senator, you do not strength was not partisan. Our col- understand. For too many of my peo- Condoleezza Rice who has kept the leagues, Senator MCCAIN, Senator ple, when they hear the word ‘‘democ- steady aim and helped our President HAGEL, and others, virtually pleaded racy,’’ they think violence, they think see all of the minefields out there. This with the administration to provide for disorder, they think death and eco- has strengthened our country, to stay greater security through troop nomic disintegration. the course in the war on terrorism. The strength on the ground. Those pleas It does not get much sadder than stabilization of Iraq is a step forward fell on deaf ears. that. It is heartbreaking that the sac- to promoting peace worldwide. We have never had a realistic plan for rifices that have been made, the ideal- Condoleezza Rice is absolutely the the aftermath of this conflict. The ism of our troops, America’s prospects most qualified person to succeed a won- State Department made plans. They for success in Iraq, our very standing derful Secretary of State, Colin Powell. were disregarded. The CIA warned of in the world, have too often been un- What do you want in a Secretary of the potential for a growing insurgency. dercut by ineptitude at the highest lev- State? What do you look for? What Their concerns were dismissed. Senator els of our own Government. would foreign leaders look for in a Sec- LUGAR held hearings that were pre- I think of a visit, 6 months ago, with retary of State? scient in this regard, pointing out the some of our colleagues to Walter Reed No. 1: Somebody who has a deep un- importance of planning for the after- Army Hospital to visit with some of derstanding of foreign policy. math and the inadequacy of the prepa- the soldiers who have returned. They Condoleezza Rice has had a 25-year ca- ration for the aftermath before the are constantly on my mind. I think of reer in foreign policy, an exemplary war. The results of those hearings were their idealism, their heroism, their academic background, graduating with ignored. perseverance in the face of an adversity a Ph.D. in international studies with a This is no ordinary incompetence. that those of us who are not there can Russian focus—concentration on Rus- Men and women are dying as a result of hardly imagine. sian history and Russian relations— these mistakes. Accountability must We have a moral obligation to pro- cum laude and Phi Beta Kappa. She has be had. We dismissed the Iraqi Army. vide better leadership than that which the absolute ability to do this job, un- In my trip to Iraq in December, one has been provided in this conflict. Too questionably, and she has the experi- of our top ranking officials told me often this administration has sug- ence. For 25 years she has served three there that things today in Iraq would gested that the refusal to admit error, Presidents, been a key adviser in the be 100-percent better—100-percent bet- to learn from error, to correct error is one of the most tumultuous times of ter—if we had only not dismissed the a virtue. When lives and limbs are at our history, and after 9/11, brought our Iraqi Army; not the generals, not the stake, it is not. country together by focusing on an

VerDate jul 14 2003 00:43 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.035 S25PT1 S390 CONGRESSIONAL RECORD — SENATE January 25, 2005 enemy that is a new kind of enemy. She has become a person uniquely many American families, my family Condoleezza Rice has done that, and qualified for this position. I am so knows the pain and sacrifice of war. she has done a great job. proud to support her. She is a woman My relatives have been killed on the No. 2: In looking for a Secretary of who is unflappable and has comported soils of Europe and other places. State, you want someone who is known herself with dignity through the most In World War II, we lost nearly half a to our country and known to foreign trying times, through trying hearings million Americans. In the war in Iraq, leaders. She will not be a stranger, and trying questioning. She has dealt we have lost 1,371 soldiers and more speaking for our President. She is with the largest crisis that we have than 10,000 have been wounded. I vis- known to foreign leaders because as na- had in our country, surely in the last 25 ited some of our young brave men and tional security advisor, she has dealt years, 9/11, finding out who the enemy women at Walter Reed Army Medical with foreign leaders throughout the is, where that enemy was being Center a few weeks ago and saw the world. She has strong working rela- trained, and trying to make sure that struggles and pains of them and their tionships with world leaders, foreign we had a strategy to combat it. families as they suffered from the ministers, national security advisers, Condoleezza Rice will be a great Sec- wounds of war. and our closest allies. These relation- retary of State. She will make her I support our troops and I pray and ships have been developed for over a mark on this position as some of the hope that their efforts in Iraq will have quarter of a century. They will be valu- best Secretaries of State in our history not been in vain and that the elections able assets to our country and to her. have done. She has the capability. She next week will usher in a new and free Having been a Soviet affairs spe- has the trusted ear of the President. democracy in that nation. cialist, who worked during the Cold She has the knowledge of foreign pol- Nor do I rise today out of some par- War, she helped guide our Nation’s ef- icy from 25 years of experience and re- tisan spirit. In fact, over the last 3 forts to promote freedom and democ- lationships with heads of state and for- weeks I have very publicly and very racy throughout that part of the world eign ministers, friend and enemy alike, clearly spoken in favor of two other in the emerging Soviet republics. She cabinet nominees. This is a patriotic helped guide our Nation to promote and will work well with them. She is going to collaborate when col- obligation, not a partisan exercise. freedom throughout the world, by laboration is called for in our foreign As we look to the future, I believe stressing the virtues of democracy, policy but more importantly, she will strongly we must reflect on the past defying those who suggested that com- and constantly review and assess our munism was here to stay and Eastern protect America when it is necessary. I am proud of this nomination. I am performance for lessons learned for the Europe could not be liberated. With the proud of the President for bringing her American people. In fact, no one does a unification of Germany and the col- better job of this than the United lapse of the Soviet Union, the Reagan in as National Security Adviser, work- States military. It invests great man- administration made history with ing with her, learning from her and power and hours in after-action reviews Condoleezza Rice in a key position. teaching her at the same time. The re- No 3: You want a Secretary of State lationship is perfect for the new chal- to ensure that its doctrine, planning to be a trusted adviser to the Presi- lenge she will face. and execution were as good as it could dent. There is no doubt the President She is up to this challenge. I have have and should have been. and Dr. Rice know each other well. The every faith in her. I hope our col- Such an after-action review for the President trusts her. And when foreign leagues will look to the future, look to aministration would, I think, reveal leaders talk to Condoleezza Rice, they what she can do, and will not rehash clear concerns. There has been a gen- will know she is speaking for the Presi- things in the past for which she was eral lack of candor—to our troops and dent, through offers made and pro- not responsible. She deserves the op- their families, to our taxpayers and nouncements stated. Being a trusted portunity to represent our country, even, to some extent, to ourselves. adviser to the President is very impor- and, more important, give the Presi- Only by addressing this failure can we tant. dent of the United States the person he hope to ensure the continued informed And, No. 4: You need someone who wants in this job. As we face a very dif- consent of the American people for this can manage a very large and important ficult 4 years, he deserves to have the historic undertaking in Iraq. department of our Government with of- person he chose. I hope the vote will be This morning’s paper reports that fices strewn throughout the world and overwhelming. the Army is preparing to keep the level with ambassadors reporting affairs in I yield the floor. of U.S. troops in Iraq unchanged those countries. It will be important to The PRESIDING OFFICER. The through the next 2 years. It is trou- have someone who is a good manager. Chair recognizes the Senator from Col- bling because our troops have been told She has served as Provost of Stanford orado. so many different things so many University during her 6 years there, Mr. SALAZAR. Mr. President, I rise times that I fear they no longer know managing a diverse population. today in relation to the nomination of what lies ahead in their future. On a personal note, I wrote a book Dr. Rice to be Secretary of State. Sec- I have to believe that was a troubling called ‘‘American Heroines,’’ and one of tion 2 of Article II of the Constitution headline to read for the 150,000 fami- the interviewees I had was Condoleezza obligates the Senate to advise and con- lies—including the more than 2,000 in Rice. I was talking to contemporary sent on the President’s nominees for Colorado—who have loved ones de- women who have broken barriers, and I his cabinet. ployed to Iraq and the thousands of interviewed Condoleezza Rice. I asked That is a solemn duty, to be sure. So others who know that their loved ones her the question: What is the best prep- let me be clear up front that I will give will be redeploying to Iraq for a second aration for the rough and tumble of my consent to Dr. Rice’s nomination. I or even a third tour. your job? She said: Without a doubt, believe she is qualified for this impor- This morning’s newspaper also re- being provost of Stanford University, tant post and I am hopeful she will do ports that the administration will seek because I dealt with 1,400 very smart an outstanding job advancing the in- an additional $80 billion for ongoing op- people who were basically independent terests and ideals of this great country. erations in Iraq. This is over and above contractors, and I had to learn when to As a U.S. Senator, given the gravity the more than $149 billion already ap- persuade, when to inform, and when to of the situation facing the United propriated for this effort. Compare that demand. States in Iraq, I also want to take this with what the aministration told the If that isn’t a recipe for Secretary of moment to meet my obligation to ad- American people on January 19, 2003, State, I don’t know one: When to per- vise Dr. Rice and the President. when it said that this entire effort suade, when to inform, and when to de- I do this for one reason. We all serve would cost less than $50 billion. mand. Diplomats need to know when to here at the pleasure of the citizens of I remind my colleagues that each and do each of these and she has honed our States. Our efforts fail or succeed every dollar of this operation is money these skills during her time as Na- based on the informed consent of those added to the deficit. That is money tional Security Adviser, and most cer- citizens. Nowhere is that more clear borrowed from foreign governments tainly while managing the 1,400-mem- than in the areas of war and peace. The that will have to be paid for by our ber faculty at Stanford University. consequences of war are clear. Like so children.

VerDate jul 14 2003 00:43 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.038 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S391 As troubling as that deficit is, we The assistant legislative clerk pro- to flourish. She has been a key archi- will soon be faced with the challenge of ceeded to call the roll. tect of the President’s two-state solu- deciding how to pay for many domestic Mr. MCCONNELL. Mr. President, I tion in the Middle East—a policy that issues, including most importantly, the ask unanimous consent the order for led to the first free and democratic health care our veterans have earned, the quorum call be rescinded. Palestinian elections ever. and some are arguing we should tell The PRESIDING OFFICER. Without She has helped develop a more secure the American people and our veterans objection, it is so ordered. relationship between the United States that we simply cannot afford a level of Mr. MCCONNELL. Mr. President, I and Russia, leading to record reduc- care they have come to expect. rise today to declare my unqualified tions in that country’s amount of nu- Lastly, I am concerned about what support for the President’s nominee to clear warheads. She has helped craft can only be called a lack of candor— be America’s 66th Secretary of State, the important six-party talks designed and urgency—with ourselves and our Dr. Condoleezza Rice. to end North Korea’s nuclear program. decisions. Dr. Rice’s fitness for the job is plain She was at the center of the Presi- What else could explain the massive to every Member of this Chamber. She dent’s successful operation to remove intelligence failures that preceded has excelled in the foreign policy arena the Taliban from Afghanistan and en- 9/11—the failure to see what was com- for 25 years and served three Presi- able the Afghan people to practice de- ing from al-Qaida, despite the years of dents. She has built lasting, personal mocracy for the first time ever. its hateful rhetoric and despicable ac- relationships with world leaders and I might say, just having been in Af- tions. And what else can explain the foreign policymakers throughout the ghanistan within the last couple of slowness in creating the Department world. She has been one of the main weeks, it is an enormous success story on Homeland Security, or the lack of authors of America’s new approach to that we all have a right to feel proud support for the 9/11 Commission and its foreign policy in the aftermath of Sep- about. clarion call for intelligence reform in tember 11. Most importantly, she has She led the effort to remove Saddam the face of this hateful enemy. And the complete trust and confidence of Hussein from power in Iraq, eliminate what else—unless it was that, counter the President, and is perfectly poised the possibility of his ever unleashing to all warnings from our military, we to follow his leadership as America weapons of mass destruction, and lib- convinced ourselves that this effort in promotes freedom and democracy erate over 25 million Iraqis from his Iraq would be over in weeks, not across the globe. Dr. Rice is the ideal reign of terror. years—can account for the fact that person to lead the State Department at We need Dr. Rice’s leadership at this now, nearly 2 years since the start of this time. The Department’s mission crucial time in America’s history. As this operation, our troops do not have will be to shatter the barriers to lib- President Bush so eloquently stated the armor they need? erty and human dignity overseas, and last week in his second inaugural ad- I end where I began, Mr. President. Dr. Rice has already broken many bar- dress, our country’s safety is inex- My advice is simple. To succeed in Iraq riers in her relatively short lifetime. tricably tied to the progress of freedom and elsewhere in the world, we need to This remarkable woman was born in in faraway lands. Those lands are not heed the lessons learned over the past Birmingham, AL, in the same year so far away anymore. Two vast oceans years. We need to be sure our intel- that the Supreme Court of the United are no defense against a small band of ligence is sound before we commit our States handed down its Brown v. Board terrorists with a dirty bomb, a vial of troops, ensure our troops are prepared, of Education decision. Few then would ricin, or boxcutters. and ensure our citizens are informed. have believed that a young African- In the post-September 11 world, our Educated, as she was, in Denver, I am American girl, born under the heavy national security depends heavily on confident Dr. Rice took to heart the hand of Jim Crow, could one day be- our foreign policy, and our foreign pol- candor and straight talk that we value come this Nation’s chief diplomat. But icy will be determined largely by our in the West and in Colorado. Those will Dr. Rice’s mother, a music teacher national security needs. Because the be important attributes for her to em- named Angelina, and her father, the light of liberty chases away the shad- ploy as she becomes Secretary of State. Reverend John Rice, knew their Condi ows of resentment, intolerance, and vi- I yield the floor. was meant for great things, and Rev- olence that lead to attacks on Amer- Mr. LUGAR. Mr. President, I ask the erend Rice nicknamed his daughter ica, it is in America’s interests to pro- Chair how much time remains on both ‘‘Little Star.’’ mote freedom and democracy in every sides of the aisle for debate this after- Dr. Rice may not have inherited corner of the globe. noon? great financial wealth from her par- Democracy and economic develop- The PRESIDING OFFICER. The ma- ents, but she did inherit a love of learn- ment are crucial components to win- jority has 3 hours 35 minutes. The mi- ing. Her parents were both educators ning the global war on terror. Soon, if nority has 3 hours 39 minutes. and made sure their only child could we finish our mission, Iraq will be a Mr. LUGAR. I thank the Chair and read prodigiously by age 5. At age 3, beacon of economic and political free- yield the floor. she had begun the piano lessons that dom in the Middle East, and the rogue would one day lead to her accom- despots of the region will watch help- f panying world-renowned cellist Yo-Yo lessly as their citizens demand the RECESS Ma. She excelled in school and received freedoms and economic prosperity en- The PRESIDING OFFICER. Under her bachelor’s degree with honors at joyed by their Iraqi neighbors. That the previous order, the hour of 12:30 the age of 19. She went on to earn her day will be very uncomfortable for p.m. having arrived, the Senate stands master’s and Ph.D. in international them—and a victory for the free world. in recess until 2:15 p.m. studies, and later became, at age 38, The Department of State must be a Thereupon, the Senate, at 12:45 p.m., the youngest provost in the history of primary actor in this mission, because recessed until 2:14 p.m. and reassem- Stanford University. American diplomacy will be the pri- bled when called to order by the Pre- Her accomplished career led to her mary force to create a world more fa- siding Officer (Mr. VOINOVICH). appointment as Assistant to the Presi- vored toward freedom. The global war f dent for National Security Affairs in on terror requires us to cooperate with 2001. In that role, Dr. Rice has been at other nations more than any other NOMINATION OF CONDOLEEZZA the center of some of the most impor- global conflict before. It requires focus RICE TO BE SECRETARY OF tant foreign policy decisions since in parts of the world that were unfa- STATE—CONTINUED President Harry Truman, George Mar- miliar to many Americans 3 years ago. The PRESIDING OFFICER. The Sen- shall and Dean Acheson navigated the We will need to argue the virtues of lib- ator from Nebraska. beginning of the Cold War. erty and democracy to an audience Mr. HAGEL. Mr. President, I suggest In the past 4 years, she has helped that may be hearing such arguments the absence of a quorum. formulate a national security strategy for the first time. The PRESIDING OFFICER. The to protect the United States by drain- America will need to rely on the mul- clerk will call the roll. ing the swamps that permit terrorism tinational institutions that have

VerDate jul 14 2003 02:04 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.020 S25PT1 S392 CONGRESSIONAL RECORD — SENATE January 25, 2005 served her so well in the past to suc- was with him when he made the case to have no doubt that this Senate recog- ceed in this new era. Our relations with the United Nations that Saddam Hus- nizes that and will act with commensu- NATO, the European Union, and other sein must face serious consequences. rate speed and wisdom. partners must be reassured and re- And she was with the President when America has passed weighty tests be- affirmed. And, just as we formed coali- he decided to liberate Iraq and the fore. Sixty years ago, emerging wearily tions of the willing to liberate Afghani- world from Saddam Hussein’s evil in- from a great war, this country began stan and Iraq, we should continue to tent. the struggle with another seemingly cultivate alliances of democracies After sharing so many searing experi- entrenched enemy—the Soviet Union when the need arises, to serve as an ex- ences, President Bush and Dr. Rice now and its scourge of Communism. When ample to the world that the best meth- share a vision for responding to them. that battle began, Americans could not od of governing is to seek the consent This should be no surprise. know when it would end. But they of the governed. Like the President, Dr. Rice realizes knew they had to fight it. In 1947, For all of these hard tasks before us, that the challenges we face today are President Harry Truman spoke to a I can think of no better person to en- daunting and will take generations to joint session of Congress about this sure success than Dr. Rice. Her per- overcome. Winning the Global War on new Cold War. He said, ‘‘Great respon- sonal courage is eclipsed only by her Terror and spreading peace and free- sibilities have been placed upon us by professional pre-eminence. Her parents dom will not be easy. But few things the swift movement of events. I am aptly named her ‘‘Condoleezza’’ after worth doing are. This administration confident that the Congress will face the Italian musical term ‘‘con has taken the long view, and is com- these responsibilities squarely.’’ dolcezza’’ which is a direction to play mitted to a long-term strategy, the re- Now it falls to us to face our respon- ‘‘with sweetness.’’ But she is also bril- ward for which is years in the future. sibilities just as squarely. We can, we liant, compassionate, and determined Posterity will thank them, and this will, and we must. to advance the President’s vision of a Congress, for seeing the fight through. I yield the floor. world free from despotism. The liberation of Iraq was the right I yield the floor. I suggest the ab- The State Department will play the thing to do. We removed a tyrant who sence of a quorum. The PRESIDING OFFICER. The lead in American foreign policy. Its had both the means and the motive to foreign-service officers are the face of clerk will call the roll. attack America or her interests. I urge The assistant legislative clerk pro- America to millions worldwide. What my colleagues who focus only on the better way to empower them than by ceeded to call the roll. setbacks, mistakes, or tragedies of Op- Mr. BYRD. Mr. President, I ask unan- confirming the President’s most-trust- eration Iraqi Freedom: Take the long ed advisor as Secretary of State? imous consent that the order for the view. quorum call be rescinded. I wish to address briefly the criti- If there had been as many television cisms that some of my colleagues have The PRESIDING OFFICER (Mr. cameras at Omaha Beach on D–Day as ISAKSON). Without objection, it is so or- directed at Dr. Rice. As far as I can there are in this chamber today, Gen- tell, no one has impugned her ability or dered. eral Eisenhower would have been fired Mr. BYRD. Mr. President, how much moral integrity. Most of the criticisms before sunset. War is messy, but his- time do I have? seem to rest on the concern that she tory tells us we must see our fights The PRESIDING OFFICER. The time will not make it her primary mission through to the end. The goal of spread- is 60 minutes. as Secretary of State to disagree with ing peace and freedom in the Middle Mr. BYRD. I thank the Chair. the President. East is too important to suffer hyper- Mr. President, in Federalist No. 77, Think about that. Some would sug- critical, politicized attacks. Alexander Hamilton wrote: gest that the Secretary of State’s job is I am happy to praise Dr. Rice today. It will readily be comprehended, that a to oppose the President’s policies. The My experiences with her over the years man who had himself the sole disposition of Senate has not attempted to so micro- justify every word I have said. But we offices, would be governed much more by his manage the relationship between the should not be debating her nomination private inclinations and interests, than when President and a cabinet officer since he was bound to submit the propriety of his today. This Senate should have con- passing the Tenure of Office Act. choice to the discussion and determination Let me be clear to my colleagues: It firmed her on January 20. of a different and independent body, and that is the role of the President to set for- Finally, I wish to leave you with a body an entire branch of the legislature. The eign policy. It is the role of the Sec- question for every Member of this body possibility of rejection would be a strong mo- retary of State to execute it. to ponder. It is too easy to snipe from tive to care in proposing. Of course, as America’s top diplomat, the sidelines at nominees like Dr. Rice, Although Hamilton explains the im- Dr. Rice will be expected to bring her who are willing to make great sac- portance of the role of the Senate in expertise on a wide variety of issues to rifices to serve their country. So I ask, the appointment of officers of the the table. The President has chosen her what positive actions can this Senate United States, neither he nor the Con- because he values her opinion. But all take to further the spread of peace, lib- stitution is specific about what criteria foreign policy decisions ultimately rest erty and democracy over the globe? Senators must use to judge the quali- with the President. For some to sug- I would refer my colleagues to the fications of a nominee. The Constitu- gest that a Secretary of State should Asia Freedom Act of 2004, which Sen- tion only requires that the Senate give be some kind of agitator-in-residence, ator LUGAR and I proposed last Novem- its advice and consent. It is therefore constantly complicating the implemen- ber. The act provides an integrated and left to Senators to use their own judg- tation of policy, is irresponsible. coherent framework for U.S. policy to- ment in considering their vote. The Furthermore, Dr. Rice enthusiasti- wards North and Southeast Asia. It ties factors involved in such judgments cally subscribes to President Bush’s U.S. foreign aid to commitments from may vary among Senators, among doctrine of spreading liberty. She was governments in the region to better nominees, and may even change in re- in the White House on September 11 their records in democracy, civil lib- sponse to the needs of the times. when it was feared the building would erties, cooperation in the global war on The position of Secretary of State is come under attack. From a bunker be- terror, and several other areas. It re- among the most important offices for neath the White House, she watched quires the State Department to judge which the Constitution requires the ad- the footage of those two planes strik- these governments not by what they vice and the consent of the Senate. It ing the Twin Towers over and over. She say, but rather the concrete actions is the Secretary of State who sits at was with the President that night, they undertake to further democracy, the right hand of the President during when he first formulated the policy security and stability in the region. meetings of the President’s Cabinet. that America would make no distinc- This act would contribute to the The Secretary of State is all the more tion between the terrorists who com- march of freedom from sea to sea. This important today, considering the enor- mitted those evil acts and those who is the kind of business this Senate mous diplomatic challenges our coun- harbored them. should be focusing on. Advancing free- try will face in the next 4 years. Dr. Rice was with the President dur- dom, attacking terrorism and ending I commend the Foreign Relations ing Operation Enduring Freedom. She tyranny is the mission of our time. I Committee for its work in bringing the

VerDate jul 14 2003 00:43 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.017 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S393 nomination of Dr. Condoleezza Rice to proof. Here is the record. Here is the trusted with such an awesome power as the Senate. Chairman Richard Lugar document that requires more than just bringing a nation to war by his deci- conducted 2 days of hearings for this a ceremonial exercise. sion alone. And yet that is exactly nominee and the debate that began in I have stood in the Senate more what the National Security Strategy the committee on this nomination is times than I can count to defend the proposes. now being continued on the floor of the prerogatives of this institution and the Not only does this pernicious doc- Senate. Senator BIDEN also provided a separate but equal—with emphasis on trine of preemptive war contradict the voice in great foreign policy experience the word ‘‘equal’’—powers of the three Constitution, it barely acknowledges during those hearings. I was particu- branches of Government. A unique the Constitution’s existence. The Na- larly impressed by Senator BOXER who power of the legislative branch is the tional Security Strategy makes only tackled her role on the committee with Senate’s role in providing advice and one passing reference, one small pass- passion and with forthrightness, as did consent on the matter of nominations. ing reference, to the Constitution. It Senator KERRY. That power is not vested in the Senate states that ‘‘America’s constitution’’— There is no doubt that Dr. Rice has a Foreign Relations Committee, it is not that is ‘‘constitution’’ with a small remarkable record of personal achieve- vested in any other committee, nor ‘‘c’’—‘‘has served us well’’—as if the ment. She obtained her bachelor’s de- does it repose in a handful of Senate Constitution does not still serve this gree at the tender age of 19—get that. leaders. It is not a function of pomp country well. One might ask if that ref- Speaking as someone who did not earn and circumstance, and it was never in- erence to the Constitution is intended a bachelor’s degree until I had reached tended by the Framers to be used to to be a compliment or an obituary. As National Security Adviser, Dr. 77 years of age, I have a special appre- burnish the image of a President on In- Rice was in charge of developing the ciation for Dr. Rice’s impressive aca- auguration Day. Yet that is exactly National Security Strategy. She also demic achievement. It was a remark- what Senators were being pressured to spoke out forcefully in favor of the able achievement indeed. do last week, to acquiesce mutely to dangerous doctrine of preemptive war. She then obtained a doctorate in the nomination of one of the most im- In one speech, she argues that there international studies and quickly rose portant members on the President’s need not be an imminent threat before through the academic ranks to become Cabinet without the slightest hiccup of the United States attacked another na- provost of Stanford University. Dr. debate or the smallest inconvenience of tion. ‘‘So as a matter of common Rice has also gathered extensive expe- a rollcall vote. sense,’’ said Dr. Rice, on October 1, rience in foreign policy matters. She is And so, Mr. President, we are here 2002, ‘‘the United States must be pre- a recognized expert on matters relating today to fulfill our constitutional duty pared to take action, when necessary, to Russia and the former Soviet Union. to consider the nomination of Dr. Rice before threats have fully material- She has twice worked on the National to be Secretary of State. ized.’’ But that ‘‘matter of common Security Council, once as the senior I have carefully considered Dr. Rice’s sense’’ is nowhere to be found in the adviser on Soviet issues and most re- record as National Security Adviser in Constitution. For that matter, isn’t it cently for 4 years as National Security the 2 months that have passed since possible to disagree with this ‘‘matter Adviser. the President announced her nomina- Dr. Rice has had ample exposure to tion to be Secretary of State, and that of common sense’’? What is common the nuances of international politics record, I am afraid, is one of intimate— sense to one might not be shared by an- and by that measure she is certainly intimate—involvement in a number of other. What’s more, matters of com- qualified for the position of Secretary administration foreign policies which I mon sense can lead people to the wrong of State. strongly oppose. These policies have conclusions. John Dickinson, the chief The next Secretary of State will have fostered enormous opposition, both at author of the Articles of Confederation, large shoes to fill. I have closely home and abroad, to the White House’s said in 1787, ‘‘Experience must be our watched the career of Colin Powell view of America’s place in the world. only guide; reason may mislead us.’’ since he served as National Security That view of America is one which As for me, I will heed the experience Adviser to President Reagan and we encourages our Nation to flex its mus- of the Founding Fathers as enshrined worked together during the Senate cles without being bound by any calls in the Constitution over the reason and ‘‘common sense’’ of the administra- consideration of the INF treaty of 1988. for restraint. The most forceful expla- tion’s National Security Strategy. Colin Powell distinguished himself in nation of this idea can be found in the We can all agree that the President, his service as chairman of the Joint ‘‘National Security Strategy of the any President, has the inherent duty Chiefs of Staff, particularly during the United States,’’ a report which was and power to repel an attack on the 1991 Gulf War. When his nomination issued by the White House in Sep- United States. He doesn’t have to call came before the Senate in 2001, I sup- tember 2002. Under this strategy, the Congress into session to do that. That ported his confirmation and I sup- President lays claim to an expansive is a matter that confronts the Nation ported it strongly based upon the power to use our military to strike immediately and the people and our in- strength of his record. other nations first, even if we have not stitutions are in imminent danger. The vote that the Senate will con- been threatened or provoked to do so. But where in the Constitution can duct tomorrow, however, is not simply There is no question, of course, that the President claim the right to strike a formality to approve of a nominee’s the President of the United States has another nation before it has even educational achievement or level of ex- the inherent authority to repel attacks threatened our country, as Dr. Rice as- pertise. I do not subscribe to the notion against our country, but this National serted in that speech? To put it plain- that the Senate must confirm a Presi- Security Strategy is unconstitutional ly, Dr. Rice has asserted that the dent’s nominees barring criminality or on its face. It takes the checks and bal- President holds far more of the lack of experience. The Constitution ances established in the Constitution warpower than the Constitution grants enjoins Senators to use their judgment that limit the President’s ability to him. in considering nominations. I am par- use our military at his pleasure and This doctrine of attacking countries ticularly dismayed by accusations I throws them out the window. before a threat has ‘‘fully material- have read that Senate Democrats, by This doctrine of preemptive strikes ized’’ was put into motion as soon as insisting on having an opportunity to places the sole decision of war and the National Security Strategy was re- debate the nomination of Dr. Rice, peace in the hands of a President—one leased. have somehow been engaged in nothing man or woman—and undermines the Beginning in September 2002, Dr. more substantial than ‘‘petty politics,’’ constitutional power of Congress to de- Rice also took a position on the partisan delaying tactics. Nothing, clare war. The Founding Fathers re- frontlines of the administration’s ef- nothing, nothing could be further from quired that such an important issue of forts to hype the danger of Saddam’s the truth. war be debated by the elected rep- weapons of mass destruction. Dr. Rice The Senate’s role of advice and con- resentatives of the people, the people is responsible for some of the most sent to Presidential nominations is not out there, in the legislative branch pre- overblown rhetoric that the adminis- a ceremonial exercise. Here is the cisely, because no single man could be tration used to scare the American

VerDate jul 14 2003 00:43 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.042 S25PT1 S394 CONGRESSIONAL RECORD — SENATE January 25, 2005 people into believing there was an im- mony that some of the contacts have been It should be profoundly disturbing to minent threat from Iraq. On September important contacts and that there is a rela- all Americans if the most dangerous 8, 2002, Dr. Rice conjured visions of tionship there. breeding ground for terrorism has American citizens being consumed by Well, what Dr. Rice did not say was shifted from Afghanistan to Iraq sim- mushroom clouds. On an appearance on that some of those supposed links were ply because of the administration’s ill- CNN, she warned, ‘‘The problem here is being called into question by our intel- advised rush to war in March 2003. that there will always be some uncer- ligence agencies, such as the alleged Dr. Rice’s role in the war against tainty about how quickly he,’’ meaning meeting between a 9/11 ringleader and Iraq was not limited to building the Saddam, ‘‘can acquire nuclear weapons. an Iraqi intelligence agent in Prague case for an unprecedented, preemptive But we don’t want the smoking gun to that has now been debunked. These at- invasion of a country that had not at- be a mushroom cloud.’’ tempts to connect Iraq and al-Qaida tacked us first. Her role also extends to Dr. Rice also claimed that she had appear to be a prime example of cher- the administration’s failed efforts to conclusive evidence about Iraq’s al- ry-picking intelligence to hype the establish peace in Iraq. leged nuclear weapons program. During supposed threat of Iraq while keeping In October 2003, 5 months after he de- that same interview, she also said: contrary evidence away from the clared ‘‘mission accomplished,’’ the We do know that he is actively pursuing a American people, wrapped up in the President created the Iraq Stabiliza- nuclear weapon. We do know that there have redtape of top secret reports. tion Group, headed by Dr. Rice. The been shipments going into . . . Iraq, for in- Dr. Rice pressed the point even fur- task of the Iraq Stabilization Group stance, of aluminum tubes . . . that are real- ther, creating scenarios that threat- was to coordinate efforts to speed re- ly only suited for nuclear weapons programs. ened tens of thousands of American construction aid to help bring the vio- Well, my fellow Senators, we now lives, even when that threat was not lence in Iraq to an end. know that Iraq’s nuclear program was supported by intelligence. On March 9, But what has the Iraq Stabilization a fiction. Charles Duelfer, the chief 2003, just 11 days before the invasion of Group accomplished under the leader- arms inspector of the CIA’s Iraq Sur- Iraq, Dr. Rice appeared—where?—on ship of Dr. Rice? When she took the vey Group, reported on September 30, Face the Nation. What did she say? She helm of the stabilization group, 319 2004 as follows: said: U.S. troops had been killed in Iraq. Saddam Husayn ended the nuclear program Now the al-Qaida is an organization that’s That number now stands at 1,368, as of in 1991 following the Gulf War. [The Iraq Sur- quite dispersed and—and quite widespread in today, Tuesday, January 25, 2005. More vey Group] found no evidence to suggest con- its effects, but it clearly has had links to the than 10,600 troops have been wounded, certed efforts to restart the program. Iraqis, not to mention Iraqi links to all and what horrible wounds. The cost of But Dr. Rice’s statements in 2002 kinds of other terrorists. And what we do not the war has spiraled to $149 billion. want is the day when Saddam Hussein de- were not only wrong, they also did not cides that he’s had enough of dealing with That is $149 for every minute since accurately reflect the intelligence re- sanctions, enough of dealing with, quote, un- Jesus Christ was born. And the White ports of the time. Declassified portions quote, ‘‘containment,’’ enough of dealing House is on the verge of asking Con- of the CIA’s National Intelligence Esti- with America, and it’s time to end it on his gress for another $80 billion. mate from October 2002 make it abun- terms, by transferring one of these weapons, Despite the mandate of the Iraq Sta- dantly clear that there were disagree- just a little vial of something, to a terrorist bilization Group, the situation in Iraq ments among our intelligence analysts for blackmail or for worse. has gone from bad to worse. More omi- about the state of Iraq’s nuclear pro- How scary is that? nously, the level of violence only keeps gram. But Dr. Rice seriously misrepre- But the intelligence community had growing week after week after week, sented their disputes when she cat- already addressed this scenario with month after month, and no administra- egorically stated: great skepticism. In fact, the CIA’s Na- tion official, whether from the White We do know that [Saddam] is actively pur- tional Intelligence Estimate from Oc- House, the Pentagon, or Foggy Bottom suing a nuclear weapon. tober 2002 concluded that it had ‘‘low has made any predictions about when confidence’’ that Saddam would ever Her allegation also misrepresented to the violence will finally subside. transfer any weapons of mass destruc- the American people the controversy in Furthermore, of the $18.4 billion in tion—weapons that he did not have, as those same intelligence reports about Iraqi reconstruction aid appropriated it turned out—to anyone outside of his the aluminum tubes. Again, Dr. Rice by Congress in October 2003, the admin- control. This is yet more evidence of an said that these tubes were ‘‘really only istration has spent only $2.7 billion. abuse of intelligence in order to build Now, with these funds moving so slow- suited for nuclear weapons programs.’’ the case for an unprovoked war with ly, it is hard to believe that the Iraq But intelligence experts at the State Iraq. Stabilization Group has had any suc- Department and the Department of En- And what has been the effect of the cess at all in speeding the reconstruc- ergy believed that those tubes had first use of this reckless doctrine of tion efforts in Iraq. For all of the hue nothing to do with building a nuclear preemptive war? In a most ironic and and cry about the need to speed up aid weapon, and they made their dissent deadly twist, the false situation de- to Iraq, one wonders if there should be known in the October 2002 National In- scribed by the administration before more tough questions asked of Dr. Rice telligence Estimate. This view, which the war, namely, that Iraq was a train- about what she has accomplished as was at odds with Dr. Rice’s representa- ing ground for terrorists poised to at- the head of this group. tions, was later confirmed by the Inter- tack the United States, is exactly the There are also many unanswered national Atomic Energy Agency and situation that our war in Iraq has cre- questions about Dr. Rice’s record as our own CIA arms inspectors. ated. the National Security Adviser. Richard Well, Dr. Rice made other statements But it was this unjustified war that Clarke, the former White House coun- that helped to build a case for war by created the situation that the Presi- terterrorism adviser, had leveled scath- implying a link—a link—between Iraq dent claimed he was trying to prevent. ing criticism against Dr. Rice and the and September 11. On multiple occa- Violent extremists have flooded into National Security Council for failing sions, Dr. Rice spoke about the sup- Iraq from all corners of the world. to recognize the threat from al-Qaida posed evidence that Saddam and al- Iraqis have taken up arms themselves and Osama bin Laden in the months Qaida were in league with each other. to fight against the continuing U.S. oc- leading up to the September 11, 2001, For example, on September 25, 2002, Dr. cupation of their country. terrorist attack. In particular, Mr. Rice said on the PBS NewsHour: According to a CIA report released in Clarke states that he submitted a re- No one is trying to make an argument at December 2004, intelligence analysts quest on January 25, 2001, for an urgent this point that Saddam Hussein somehow now see Iraq, destabilized by the ad- meeting of the National Security Coun- had operational control of what happened on ministration’s ill-conceived war, as the cil on the threat of al-Qaida. September 11, so we don’t want to push this training ground for a new generation of too far, but this is a story that is unfolding, However, due to decisions made by and it is getting clear, and we’re learning terrorists. That is from the report Dr. Rice and her staff, that urgent more. . . . But yes, there clearly are ‘‘Mapping the Global Future: Report of meeting did not occur until too late. contact[s] between Al Qaeda and Iraq that the National Intelligence Council’s 2020 The meeting was not actually called can be documented; there clearly is testi- Project,’’ page 94. until September 4, 2001.

VerDate jul 14 2003 02:04 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.045 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S395 Mr. Clarke, who was widely acknowl- failings of the National Security Coun- ical decisions Dr. Rice has made during edged as one of the Government’s lead- cil under Dr. Rice deserve a more thor- her 4 years as National Security Ad- ing authorities on terrorism at that ough examination before the Senate viser. She has a record, and the record time, told the 9/11 Commission he was votes to confirm her as the next Sec- is there for us to judge. There remain so frustrated with those decisions that retary of State? too many unanswered questions about he asked to be reassigned to different Mr. President, accountability has be- Dr. Rice’s failure to protect our coun- issues and the Bush White House ap- come an old-fashioned notion in some try before the tragic attacks of Sep- proved that request. circles these days. But accountability tember 11, her public efforts to politi- Dr. Rice appeared before the 9/11 is not a negotiable commodity when it cize intelligence, and her often stated Commission on April 8, 2004, but, if comes to the highest circles of our Na- allegiance to the doctrine of preemp- anything, her testimony raised only tion’s Government. The accountability tion. more questions about what the Presi- of Government officials is an obliga- To confirm Dr. Rice to be the next dent and others knew about the threat tion, not a luxury. Yet accountability Secretary of State is to say to the to New York City and Washington, DC, is an obligation that this President and American people and to the world that in the weeks before the attacks, and this President’s administration appear the answers to those questions are no whether more could have been done to loathe to fulfill. longer important. Her confirmation prevent them. Instead of being held to account for will almost certainly be viewed as an- Why wasn’t any action taken when their actions, the architects of the other endorsement of the administra- she and the President received an intel- policies that led our Nation down the tion’s unconstitutional doctrine of pre- ligence report on August 6, 2001, enti- road into war with Iraq, policies based emptive strikes, its bullying policies of tled ‘‘Bin Laden Determined to Attack on faulty intelligence and phantom unilateralism, and its callous rejection Inside the United States’’? Why did Dr. weapons of mass destruction, have been of our longstanding allies. Rice and President Bush reassign Rich- rewarded by the President with acco- Dr. Rice’s record in many ways is one ard Clarke, the leading terrorism ex- lades and promotions. Instead of ad- to be greatly admired. She is a very in- pert in the White House, soon after mitting to mistakes in the war on Iraq, telligent lady, very knowledgeable taking office in 2001? Why did it take 9 instead of admitting to its disastrous about the subject matter, very warm months for Dr. Rice to call the first aftermath, the President and his inner and congenial, but the stakes for the high-level National Security Council circle of advisers continue to cling to United States are too high. I cannot meeting on the threat of Osama bin myths and misconceptions. endorse higher responsibilities for Laden? The only notion of accountability those who helped to set our great coun- As the Senate debates her nomina- that this President is willing to ac- try down the path of increasing isola- tion today, we still have not heard full knowledge is the November elections, tion, enmity in the world, and a war answers from Dr. Rice to these ques- which he has described as a moment of that has no end. When will our boys tions. accountability and an endorsement of come home? When will our men and In addition to Mr. Clarke’s criticism, his policies. Unfortunately, after-the- women be able to sit down at the table Dr. David Kay, the former CIA weapons fact validation of victory is hardly the with their families and their friends in inspector in Iraq, also has strong words standard of accountability that the their own communities again? For for the National Security Council and American people have the right to ex- these reasons, I shall cast my vote in its role in the runup to the war in Iraq. pect from their elected officials. It is opposition to the confirmation of When Dr. Kay appeared before the Sen- one thing to accept responsibility for Condoleezza Rice to be the next Sec- ate Intelligence Committee on August success; it is quite another to accept retary of State. 18, 2004, to analyze why the administra- accountability for failure. Sadly, fail- I yield the floor. tion’s prewar intelligence was so wrong ure has tainted far too many aspects of The PRESIDING OFFICER. The Sen- about weapons of mass destruction, he our Nation’s international policies over ator from Nebraska is recognized. described the National Security Coun- the past 4 years, culminating in the Mr. HAGEL. Mr. President, I rise cil as the ‘‘dog that didn’t bark’’ to deadly insurgency that has resulted today in support of President Bush’s warn the President about the weak- from the invasion of Iraq. nominee for Secretary of State, Dr. nesses of those intelligence reports. With respect to this particular nomi- Condoleezza Rice. Dr. Kay continued: nation, I believe there needs to be ac- Hers is a remarkable personal story, from her upbringing in Birmingham, Every President who has been successful, countability for the mistakes and at least that I know of, in the history of this missteps that have led the United AL, during the era of Bull Connor, to republic, has developed both informal and States into the dilemma in which it the White House, to her nomination as formal means of getting checks on whether finds itself today, besieged by increas- Secretary of State. She is a woman of people who tell him things are in fact telling ing violence in Iraq, battling an un- many parts, an accomplished musician, him the whole truth. . . . The recent history precedented decline in world opinion, a leading academic and policy intellec- has been a reliance on the NSC system to do and increasingly isolated from our al- tual, and a dedicated public official. it. I quite frankly think that that has not lies due to our provocative, belligerent, This is a nomination all of America served this President very well. bellicose, and unilateralist foreign pol- can be proud of. What Dr. Kay appeared to state was icy. Whether the administration will Dr. Rice has served with distinction his view that the National Security continue to pursue these policies can- as assistant to the President for na- Council, under the leadership of Dr. not be known to Senators today as we tional security, as well as in other Na- Rice, did not do a sufficient job of rais- prepare to cast our vote. At her con- tional Security Council positions. She ing doubts about the quality of the in- firmation hearing on January 18, Dr. comes to this job well-qualified and telligence about Iraq. On the contrary, Rice proclaimed that our interaction prepared to take on her new respon- based upon Dr. Rice’s statements that I with the rest of the world must be a sibilities. quoted earlier, her rhetoric even went conversation, not a monologue, but 2 America’s challenges over the next beyond the questionable intelligence days later, President Bush gave an in- four years will be formidable. U.S. for- that the CIA had available on Iraq in augural address that seemed to rattle eign policy cannot be separated from order to hype the threats of aluminum sabers at any nation that he does not our energy, economic, defense and do- tubes, mushroom clouds, and connec- consider to be free. mestic policies. It all falls within the tions between Iraq and September 11. Before Senators cast their votes, we ‘‘arch of our national interest.’’ There In light of the massive reorganiza- must wonder whether we are casting will be windows of opportunity, but tion of our intelligence agencies en- our lot for more diplomacy or more they will open and close quickly. acted by Congress last year, shouldn’t belligerence, reconciliation, or more Foreign policy will require a stra- this nomination spur the Senate to confrontation. Which face of this Dr. tegic agility that, whenever possible, stop, look, and listen about what has Jekyll and Mr. Hyde foreign policy will gets ahead of problems, strengthens been going on in the National Security be revealed in the next 4 years? U.S. security and alliances, and pro- Council for the last 4 years? Don’t Although I do not question her cre- motes American interests, credibility, these serious questions about the dentials, I do oppose many of the crit- and global freedom.

VerDate jul 14 2003 00:43 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.048 S25PT1 S396 CONGRESSIONAL RECORD — SENATE January 25, 2005 Last week, Dr. Rice faced approxi- but it is not yet stable, secure, or gov- Dr. Rice, in her testimony before the mately 11 hours of probing and difficult ernable. Since Iraq’s liberation, Amer- Foreign Relations Committee, talked questions about U.S. foreign policy, in- ican and coalition forces are what have about the advancement of freedom. The cluding the war in Iraq. Dr. Rice de- held the country together. President mentioned it several times serves credit for her thoughtful an- Despite the sacrifice and courage of in his inaugural address. What we aim swers, patience, and I might say, grace our brave men and women fighting in to do as Americans, for our own secu- under that questioning. Iraq, and the sacrifice and courage of rity but also because of our care for fel- In her testimony, Dr. Rice said that, many Iraqis, the Iraqi state cannot yet low human beings here on this Earth, ‘‘the time for diplomacy is now.’’ She reliably deliver services or security to is to make sure they have freedom— understands that our success in the its people. freedom of opportunity regardless of war on terrorism, Iraq, the Middle The elections on January 30 will be a one’s race, ethnicity, gender, or reli- East, and throughout the world de- critical benchmark for Iraqi sov- gious beliefs. pends on the strength of our alliances. ereignty. Elections alone will not bring We are trying to advance what I like Our alliances should be understood as a stability and security to Iraq. But they to call the four pillars of freedom: No. means to expand our influence, not as are an essential and historic step. 1, freedom of religion; No. 2, freedom of a constraint on our power. The expan- All Americans should be concerned expression; No. 3, private ownership of sion of democracy and freedom in the about what is happening in Iraq. Iraq property; and, No. 4, the rule of law to world should be a shared interest and will influence and constrain America’s help adjudicate disputes as well as pro- value with all nations. foreign policy for years to come. It is tect those God-given rights. Dr. Rice also noted that, ‘‘America our top foreign policy priority, and Dr. Rice, through her own life history and all free nations are facing a there are no easy answers or easy op- and through her service to this admin- generational struggle against a new tions. istration, has the background that is and deadly ideology of hatred that we Hopefully, Iraq will someday be a going to help us and help others during cannot ignore.’’ She stressed the im- democratic example for the Middle this heroic time. portance of public diplomacy to East. But Iraq could also become a The President nominated Dr. Rice be- counter this ideology of hate, including failed state. We cannot let this happen. cause he trusts her. She has provided increasing our exchanges with the rest These are big issues that will affect him counsel during these turbulent of the world. A unilateralist course every American in some way. The Sen- times in our Nation’s history. She was would only complicate our relations ate is an appropriate forum to debate part of the effort in formulating the with the Muslim world. our policies that will be applied to Nation’s response and ultimately top- Dr. Rice’s nomination has offered an dealing with these issues. pling a despotic and repressive regime opportunity for the Senate to consider To sustain any foreign policy will re- in Afghanistan. not only the merits of the nominee, but quire the informed consent of the Following the 9/11 attacks in the the foreign policy challenges that we American people through their voices United States, the world recognized the face. The Senate should be a forum for in Congress. Dr. Rice understands this necessity of having a global, inter- debate about foreign policy. clearly. national war against terrorism. As Na- The former Chairman of the Senate Let me conclude by once again not- tional Security Adviser, Dr. Rice had Foreign Relations Committee, J. Wil- ing that Dr. Rice has the intelligence, been at the forefront of this effort and liam Fulbright, observed that the Con- experience, and integrity for this job. advised President Bush on how best to gress has a: She has the President’s confidence. execute the war on terror and help en- traditional responsibility, in keeping with In my interactions and conversations sure that the United States is not at- the spirit if not the precise words of the Con- with Dr. Rice over the last four years, tacked again. stitution, to serve as a forum of diverse opin- she has always been candid and honest, The global war on terror is not over. ions and as a channel of communication be- and she listens. It is also important We all know it is ongoing and we know tween the American people and their govern- that Dr. Rice always be brutally frank it is challenging. There have been some ment. with the President. She must give him criticisms from those on the other side Chairman LUGAR’s distinguished the bad news as well as the good news, of the aisle, but there are also leadership of the Foreign Relations and when she disagrees with other positives. It would be nice, once in a Committee has been in concert with members of the Cabinet and the Presi- while, to talk about some of the the former chairman’s words. dent and Vice President, she must say positives. Senator Fulbright received criticism so. I believe she will do that. We have captured numerous senior- for holding public hearings on Viet- I look forward to working with Dr. level al-Qaida figures. They have been nam, especially with a President of his Rice in support of American interests killed or they have been captured, and own party in office. and security. I urge my colleagues to hundreds of others are on the run. He later wrote that he held those vote in favor of her nomination. We are working with other coun- hearings: The PRESIDING OFFICER. The tries—even those which are not nec- in the hope of helping to shape a true con- Chair recognizes the distinguished Sen- essarily with us in the military action sensus in the long run, even at the cost of ator from Virginia, Mr. ALLEN. in Iraq. They are helping in trying to dispelling the image of a false one in the Mr. ALLEN. Mr. President, I rise intercept financial assistance to ter- short run. today to voice my strong support of rorist organizations. The Senate should not be party to a the nomination of Dr. Condoleezza Rice Another positive is the fall of the false consensus on Iraq. The stakes are to be our next Secretary of State. She Taliban in Afghanistan, and that re- too high. comes to this position and this nomi- pressive regime has been replaced by America is fighting a counter-insur- nation with unquestioned credentials an unprecedented but promising de- gency war in a complicated and diverse and the experience to carry out the mocracy in Afghanistan. region, in a country with an intense U.S. foreign policy during these very The Government of Pakistan, which, and long standing anti-colonial tradi- trying times. She is, in my view, the prior to 9/11, was aligned with that tion, deep ethnic and sectarian divi- personification of the American dream. Taliban government in Afghanistan, sions, and a political system and cul- Although she grew up in the days of has become a strong and helpful ally in ture brutalized for more than three segregation, applying herself and work- the global war against terrorism. decades by a tyrannical dictatorship, ing hard allowed her to advance In Libya, Muammar Qadhafi, who more than a decade of international through academia, and clearly also in was a thorn in our side—a threat, sanctions, and three costly wars. this President’s administration. clearly; a terrorist state—has been con- America’s exit strategy for Iraq is The goals of this administration are vinced to give up his nuclear ambitions linked to the capabilities of the Iraqi not just the goals of the Bush adminis- and rejoin the world community. government and security forces to take tration; they ought to be the goals of And our military has liberated 25 responsibility for their future. That America and all other freedom-loving million Iraqis from the murderous re- has not yet happened. Iraq may be free, people around the world. gime of Saddam Hussein.

VerDate jul 14 2003 00:43 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.014 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S397 While conditions on the ground in dent Bush’s policies. He said that best of intentions, the right principles, Iraq continue to be difficult—no one is ‘‘might have changed the course of his- based on the evidence and information going to question that—if the Iraqis tory had she not given the reasons and they had. But if you are going to criti- coalesce around the new, popularly the advice that she did to the Presi- cize the pursuit of regime change, the elected government, it will likely have dent.’’ liberation of Iraq, the advancement of the positive repercussions that we Because of that, that she agrees with freedom in countries such as Iraq, would like to see throughout the Mid- President Bush, has been an architect which is in very short order, within a dle East region. Shortly they will be and key adviser, because of that sup- week, going to have elections for the having an election. port, because of that knowledge, be- first time ever, what is the solution if I think Dr. Rice’s active role in these cause of the advice she has given in the you are going to criticize all of this? events provide her with valuable prepa- past and presently, she should not be To tuck tail and run? I don’t think ration to serve our country as Sec- Secretary of State for this President. that is what the American people want. retary of State. Having worked closely If one wants to use common sense, The American people want to see free- with President Bush on national secu- why would any Executive bring on a dom in Iraq because they recognize it rity and foreign policy matters for the Cabinet Secretary—particularly one as is good for fellow human beings, but previous 4 years, Dr. Rice is uniquely important as Secretary of State—if also the logic that it also makes this qualified to communicate this Presi- that person does not share his views, country much more secure. dent’s message, our position, to cap- his values, his philosophy, his goals for In analyzing all of the statements, itals around the world. our country, as well as have that Presi- All of us are a composition of our life dent’s trust? they are not talking about her fitness experiences. From rising above dis- Also, looking through the comments or her qualifications to serve as Sec- crimination and racism in her youth to that have been made by others, the retary of State. The opponents have her work during the fall of the Soviet junior Senator from Indiana said why used this nomination to launch these Union, to her role in liberating the peo- he is going to be voting against Dr. broadside attacks on the Bush adminis- ple of Afghanistan and Iraq, Dr. Rice is Rice, complaining that there was too tration and use the Monday morning very well prepared to advocate freedom little troop strength, dismissal of the quarterback approach to dissect every and democracy around the world. Iraqi army, and the refusal to include decision out of context. We have heard Before the Foreign Relations Com- Baathists in the armies and security about a lot of this, again, in the For- mittee we heard several hours of testi- efforts there in Iraq. Opponents have eign Relations Committee. mony. We have heard comments in this held Dr. Rice personally accountable But even there, I want to repeat, Dr. Chamber. Detractors have used some for the decision to disband the Iraqi Rice did not say that every decision bump-and-run defenses and tactics army and remove members of the was perfect. She allowed as much dur- against her. Opponents have framed Baathist Party from Iraq’s govern- ing those hearings. But let us also note the war on Iraq—and Dr. Rice as hav- ment. that 25 million Iraqis have been freed ing stated this—as one solely based on Let us again use some common sense. from Saddam’s repressive regime. In 5 Saddam Hussein’s possession of weap- When we are reflecting on this deci- days, these people are going to have ons of mass destruction; that our only sion, it is easy, I suppose, to Monday elections. They are going to be forming reason for going in and using military morning quarterback and criticize and their own government. From state- action in Iraq was weapons of mass de- question whether that was wise. But at ments of clerics and otherwise, they struction. the time of that decision—it was clear seem to want a constitution and a gov- I will grant you, that was a pressing, that institutions that were repressing ernment that allows for individual salient concern, but that was not the the people of Iraq was the Baathist rights, where people’s rights will be en- only reason. Weapons of mass destruc- Party. So the Baathist component of hanced and not diminished on account tion was a major reason; however, this the insurgency, which some are saying of their ethnicity or their religious be- body voted on an authorization meas- should have been incorporated, they liefs, and also unprecedented opportu- ure that outlined a much broader case. are the ones who are carrying on these nities for women to serve in govern- If you want to use a legal term, it was terror attacks—not just on Americans ment. and coalition forces but also on Iraqi a multi-count indictment against the One other thing to note is with Sad- civilians. Saddam Hussein regime. dam out of power, which seems to be The resolution that we passed by a To me, it is illogical to be criticizing criticized indirectly, we don’t have strong margin noted Iraq’s brutal re- Dr. Rice for any of the decisions that Saddam’s regime giving $35,000 to par- pression of its civilian population and were made insofar as Baathists and the ents to send their children on suicide- its unwillingness to repatriate non- security forces of Iraq when these same murder missions into Israel. Instead of Iraqi citizens. We all know how they people could have been infiltrating the that repressive regime sending ter- had used weapons of mass destruction security forces, not knowing what sort rorist attackers into Israel, also dis- against their own people. of information they might transmit to rupting the whole region, now we have Congress also went on record as sup- other guerillas or terrorists on the out- the chance of elections in Iraq for the porting using the necessary means to side. To criticize that, again, doesn’t first time ever, a first step towards a enforce multiple United Nations reso- make much sense to me because they representative democracy. lutions that had been ignored and are the ones who are most concerned flouted by the Iraqi regime, including that the Baathist Party was thrown I ask my colleagues to be cognizant. shooting at some of our planes in the out of power. They had their good bu- This is not an agency head. It is a Cabi- no-fly zones in the north and to some reaucratic jobs. They had all the net Secretariat, the Secretary of State, extent in the southern part of Iraq as power. They had all the privileges. To which is arguably the most important well. criticize for not incorporating them Cabinet position in the Government. The Iraq Liberation Act of 1998 ex- into the interim government and the The Vice President obviously is very pressed the sense of Congress that it security forces doesn’t make a great important, but the Secretary of State, should be the policy of the United deal of sense. particularly in a time with all the dip- States to support efforts to remove You also hear, again, from the junior lomatic relations and all the efforts from power Saddam’s regime and pro- Senator from Indiana—and others have that we are going to need to be making mote the emergence of a democratic said this as well—that those in charge and continue to make to get allies, government. must be held accountable for the mis- converts, and assistance from other Senator BYRD—and I was listening to takes. That is why they are going to countries around the world, it is impor- his comments—mentioned common vote against Dr. Rice. Dr. Rice allowed tant that the President’s representa- sense. I listened to the remarks of the in the committee hearing of the For- tive to the rest of the world is a person senior Senator from Massachusetts, eign Relations Committee that every who advocates and garners further sup- Mr. KENNEDY, earlier on. He is criti- decision that was made was not the port for our position in matters of cizing Dr. Rice for supporting Presi- right decision; that they did it with the great consequence to our country.

VerDate jul 14 2003 00:43 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.052 S25PT1 S398 CONGRESSIONAL RECORD — SENATE January 25, 2005 I ask my colleagues to be careful in There being no objection, the mate- cusations of systematic torture. As for your criticism. People can say what- rial was ordered to be printed in the soothing relations, either foreign leaders see their interests in line with the U.S. or the di- ever they want. They will say some- RECORD, as follows: visions will persist. France and Germany thing, and I will say that doesn’t make [From the Wall Street Journal, Jan. 25, 2005] aren’t childishly sulking about some per- sense; here is a more logical approach. WOMAN OF THE YEAR: ceived personal rebuke; they genuinely dis- That sort of bantering back and forth INSTEAD OF CELEBRATING CONDI RICE, agree with American policies. Only by sub- is fine. But in the criticism and state- DEMOCRATS NIP AT HER ANKLES verting American foreign policy could any- ments and also trying to divide opinion (By Brendan Miniter) one engender the kind of international ‘‘co- operation’’ John Kerry and the Democratic on this nomination of Dr. Rice, be care- With 24 new women elected to the House ful not to diminish her credibility in establishment so desperately seek. and five to the Senate, 1992 was called the Ms. Rice has persisted in the face of her the eyes of those in capitals around the ‘‘year of the woman.’’ But how much did Bar- critics. It is no wonder then, that some on world. Detractors can do this country a bara Boxer, Patty Murray or Carol Moseley the right speculate that she will one day great disservice by playing too hard a Braun really change the world? Now, though, seek elective office—governor or senator in partisan game. We need to show a a woman is on the rise who has already California, or maybe even the presidency. It unity of purpose to advance freedom. helped reshape geopolitics. Today is a plausible idea. A high profile and good Folks can second-guess, criticize. That Condoleezza Rice will face another round of character translate into political power, and hearings as she prepares to be confirmed as she has enough of both to be a political play- is all fine. But while doing that, a more secretary of state—a position Thomas Jeffer- er. Of course, before doing so she’d have to positive and constructive approach son, James Madison and James Monroe used flesh out her views on a wide range of domes- would be to say, here is where a mis- as a springboard into the presidency. If Ms. tic subjects. It’s also one of the reasons take was made; here is where we need Rice were a Democrat, the media would have Democrats would like to tarnish her now, be- to hitch up; here is the stage of events dubbed 2005 the ‘‘year of Condi.’’ fore she becomes a formidable candidate. It in Iraq; and here are some positive, Ms. Rice has already exerted tremendous is a fair bet, though, that Ms. Rice isn’t now constructive ideas to help us achieve influence on world affairs. As President playing for a new job four years out. Serving ably as secretary of state is of paramount this goal; that all Americans, regard- Bush’s national security adviser, she was in- strumental in developing the administra- importance. Judging by her remarks before less of whether you are Republican, tion’s response to 9/11 into a policy that in- the Senate so far, this is something Ms. Rice Democrat, Independent, or don’t care volved more than raiding terrorist camps clearly understands. Which is why we should about politics, all Americans are in- throughout the world. Ms. Rice, who well un- be celebrating this as the year of Condi Rice. spired to the idea that our fellow derstands the larger global political forces at The PRESIDING OFFICER (Mr. human beings can live in freedom and work since the end of the Cold War, was one BURNS). The Senator from California. opportunity; that their children are of a handful of powerbrokers who came to re- Mrs. BOXER. Mr. President, I com- not starving and hungry when they go alize the best defense against terrorism was pliment my colleagues on both sides of to bed, where there is a better world. to spread freedom and democracy in the the aisle for a very good and thought- world. ful debate today on this particular Indeed, our new doctrine is peace There has been some public doubt whether through liberty, peace through Ms. Rice actually believes in the policies of nominee. strength. That mattered against the this administration. But that has been much I come to the Senate today to report Soviet Union. The doctrine in the fu- wishful thinking by administration critics. and inform my colleagues on the Sec- ture, in my view, is peace through lib- Before the Iraq war, she passionately made retary of State confirmation hearings erty. As more people are tasting that the case for removing Saddam Hussein. Min- held in the Foreign Relations Com- sweet nectar of liberty, it is good for utes before one speech on the issue—at an mittee last week. them, and it helps our security as a event sponsored by the Manhattan Insti- By now, everyone knows I posed tute—I had the opportunity to talk with her some very direct questions to Dr. Rice country. one on one about Iraq. What I quickly real- As we listen to some of these par- about her statements leading up to the ized was that the policy of peace through lib- Iraqi war and beyond. As National Se- tisan detractors and statements, be erty was something she cared personally cognizant that the rest of the world is about. Now, as she has been tapped to head curity Adviser, Dr. Rice gave confiden- watching. Do not diminish Dr. Rice’s the State Department and after President tial advice to the President regarding credibility in capitals around the Bush dedicated his second inaugural address the war in Iraq. She also made the case world. Also, try to be positive in your to the idea that America’s best defense is for the war in Iraq to the American ideas of where we need to go in the fu- promoting human liberty, there should be people through hours of television ap- ture rather than just carping and snip- little doubt as to the central role Ms. Rice pearances and commentary. has played and will continue to play in shap- ing on decisions made in the past. I do My questions, every one of them, re- ing American foreign policy and the global volved around her own words. As a re- not see any value in attacking Dr. Rice political landscape. personally or inhibiting her ability to sult of my questions and comments at Ms. Rice has been loyal to Mr. Bush, but the hearing, I have been hailed as both bring our allies along, on board, wheth- she is an intellectual power in her own right. a hero and a petty person. I have been er or not they were in every aspect of She has the president’s ear and has been called both courageous and partisan. I the military action in Iraq. deeply immersed in the movement to halt In sum, obviously, I believe Dr. Rice the spread of tyranny by waging a war of have been very surprised at this re- will be an outstanding Secretary of ideas since long before Ronald Reagan con- sponse. Tens of thousands of people State. It is unfortunate some of this signed the Soviet Union to the ash heap of signed a petition asking me to hold Dr. history. This is the year Ms. Rice steps onto Rice accountable for her past state- has devolved into an overly partisan the public stage; a year her influence and her attack. This debate, as it goes forward ments. intellect is no longer confined to the quiet The reason I am so surprised at this this afternoon, this evening, and to- rooms of power. Her rise deserves to be cele- reaction is that I believe I am doing morrow, can end on a more positive, brated. my job. It is as simple at that. I am on constructive sense. I ask my colleagues That it isn’t—and that Senate Democrats instead are delaying her confirmation—says the Foreign Relations Committee. This in a respectful way to recognize that is a very high profile nominee. This is inspirational path that Dr. Rice has more about the Bush administration’s oppo- nents than it does about her. Every day she a Secretary of State nomination in a taken to this nomination. Please focus must face those who would rather that some- time of war. My constituents want me and review her impeccable credentials one like her—with her intelligence, political to be thorough. They want me to exer- and experience on the matters of for- savvy and personal appeal (and anyone who cise the appropriate role of a Senator. eign policy. Upon doing so, I believe it has met her knows, she has a warm, personal Let’s look for a moment at what that is clear she should be confirmed over- touch)—hadn’t come along at all. So they ig- role is, how it was defined by our whelmingly, strongly, and proudly as nore her, deny her influence or send out a le- Founding Fathers. Article II, section 2, our next Secretary of State. gion of ankle biters who recycle the same complaints that won John Kerry 251 elec- clause 2, of the Constitution, which I I ask unanimous consent that an ar- have sworn to uphold, says the Presi- ticle from today’s Wall Street Journal toral votes—mostly that the administration she serves promotes torture or that she is dent: by Brendan Miniter entitled ‘‘Woman too much of a hardliner to soothe relations shall nominate, and by and with the Advice of the Year, Instead of Celebrating with other nations. and Consent of the Senate, shall appoint Am- Condi Rice, Democrats Nip at Her An- These criticisms ring hollow, of course. bassadors, other public Ministers and Con- kles,’’ be printed in the RECORD. The Abu Ghraib prosecutions dispel the ac- suls, Judges of the Supreme Court, and all

VerDate jul 14 2003 00:55 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.054 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S399 other officers of the United States, whose ap- he finds the constitutional requirement Rice these questions. I think everyone pointments are not herein otherwise pro- of advice and consent perhaps a nui- remembers when Dr. Rice went on tele- vided for. sance, and others have as well in the vision and talked about the mushroom The Cabinet is covered in Article II, White House, be they Republicans or cloud that we could get courtesy of section 2, clause 2, of the U.S. Con- Democrats. It is the system of govern- Saddam Hussein—an evil tyrant, abso- stitution. ment we have inherited from our lutely. In my opinion, as I said in the Now, if you read this, it does not say Founders. As we go around the world, committee, he ought to rot. So let’s anywhere in here that the President hoping to bring freedom and liberty to not get confused on that point. I do not shall nominate and the Senate shall people, we better make sure we get it know any American who feels any dif- confirm. It says the President ‘‘shall right here. This is very important, ferently. The question is, How many nominate, and by and with the Advice whether it is fair and free elections people had to die? That is an important and Consent of the Senate’’ shall make that really work so people do not stand question. How many people had to be the appointments. in line for 10 hours and wait until 4 in wounded? That is an important ques- Why is it our Founders believed it the morning to vote, that we fix that, tion. was crucial for the Senate to play such and that we, in fact, act as a check and Let me tell you, 1,368 soldiers are a strong role in the selection of these balance in these nominations. dead, as of the latest numbers that we very important and powerful members I have been motivated by a lot of peo- got this morning from the Department of the administration and members of ple in my life. One of them is Martin of Defense, and 10,502 wounded. My un- the bench? It is because our Founders Luther King. I wish to share something derstanding is that about a third of believed that the executive branch he said which is not as widely quoted them may well come home in tremen- must never be too powerful or too over- as other things. He said that our lives dous need of mental health counseling bearing. begin to end the day we become silent to try to help them cope with the hor- In Federal No. 76, Alexander Ham- about things that matter. That is im- rors they have seen, those brave, in- ilton wrote: portant for everyone to take to heart. credible soldiers. As I said in the com- Sometimes it is easier to be silent, to mittee, and I say it again on the floor It will readily be comprehended that a man just go along, even if in your heart you who had himself the sole disposition of of- of the Senate, not one of them died in fices would be governed much more by his know there are certain issues that have vain. Not one of them got injured in private inclinations and interests than when to be put out on the table. But the fact vain because when your Commander in he was bound to submit the propriety of his is, our lives begin to end the day we be- Chief sends you to fight in a war, it is choice to the discussion and determination come silent about things that matter. the most noble of things to do that. of a different and independent body . . . Why does this nomination matter so And they have done that. In today’s vernacular, any President much to me and to my constituents President Bush, in his inaugural ad- needs a check and balance. That cer- and to the tens of thousands who dress, talked about bringing freedom to tainly applies today, and it would signed a petition that they sent to me? countries that do not have it. He did apply to a Democratic President as It is because we are looking at a Sec- not specify how. Now, the nongovern- much as to a Republican President. retary of State nomination in a time of mental organization, Freedom House, Our Founders are clear, and the Con- war, someone who is very loyal to this estimates there are 49 countries in the stitution is clear. Again, it does not President. And, of course, the Presi- world that are not free. The group be- say anywhere in the Constitution that dent picked someone loyal to him. I do lieves there are another 54 countries a President, Democratic or Republican, not fault him for that in any way, that are considered only partly free. I has free rein in the selection of his or shape, or form. But what matters is worry about sending more troops on her Cabinet. That is exactly what the this war. A very strong majority of military missions based on hyped up Founders did not want. They wanted Americans are worried about this war, rhetoric. That is why these questions the President, and I will quote Alex- and they are worried about what comes are so important. ander Hamilton again, to ‘‘submit the next. So the first set of questions that I So, yes, it matters, and it is our job propriety of his choice to the discus- posed to Dr. Rice had to do with her to look at these nominees very seri- sion and determination of a different comments about Saddam’s nuclear pro- ously. I think it would be terribly con- and independent body.’’ And that body gram. On July 30, 2003, Dr. Rice was descending to have someone of the cal- is the Senate. asked by PBS NewsHour’s Gwen Ifill if iber of Dr. Rice, with all her intel- It also doesn’t say anywhere in the she continued to stand by the claims ligence and qualifications and her Constitution that the only reason for a made about Saddam’s nuclear program record of public service with this ad- in the days and months leading up to Senator to vote no on a Presidential ministration, and not ask the tough nominee is because of some personal or the war. questions. That would be conde- In what appears to be an effort to legal impediment of that nominee. It scending. That would be wrong. downplay the nuclear weapons scare leaves the door open. Senators have to Now, I am so honored to serve on the tactics, she said: ponder each and every one of these Foreign Relations Committee with the nominations. It is very rare that I step It was a case that said he is trying to re- Senator from Virginia, who just made constitute. He’s trying to acquire nuclear forward to oppose one. I have opposed a very eloquent talk. I know he would weapons. just a couple. I have approved hun- join me in saying that RICHARD LUGAR And then she says: dreds. is one of the fairest chairmen with Nobody ever said that it was going to be Let me be clear. I will never be de- whom we have ever served. He allowed the next year. . . . terred—and I know my colleagues feel members on both sides of the aisle to Well, that was false, because 9 the same, I believe, on both sides of the ask any questions they wanted. He sup- months before that, this is what the aisle—I will never be deterred from ported our right to do so. To me, RICH- President said: doing a job the Constitution requires of ARD LUGAR is a model chairman. And I If the Iraqi regime is able to produce, buy, me or it would be wrong to have taken want to thank my colleagues on both or steal an amount of highly enriched ura- the oath and raise my right hand to sides of the aisle who asked very im- nium a little larger than a single softball, it God and swear to uphold the Constitu- portant questions of this nominee on could have a nuclear weapon in less than a tion if I did not take this role seri- everything from exit strategy in Iraq, year. ously. to issues surrounding the torture ques- So she tells the American people no- I make a special comment to the tion, to policies in Latin America, to body ever said he would have a weapon White House Chief of Staff, who called tsunami relief. All of these colleagues within a year, when in fact the Presi- Members of the Senate petty for seek- from both sides of the aisle asked very dent himself made that comment. ing time to speak out on this par- important questions. As for me, I had Then, later, a year after she said no- ticular nomination. It is important to five areas of questioning, and I want to body has ever said this, she herself says know that the White House Chief of lay them out briefly for the Senate. it: Staff does a great job for the President, Now, one more point as to why I be- . . . the intelligence assessment was that he but he does not run the Senate. I know lieved it was so important to ask Dr. was reconstituting his nuclear programs;

VerDate jul 14 2003 00:55 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.056 S25PT1 S400 CONGRESSIONAL RECORD — SENATE January 25, 2005 that, left unchecked, he would have a nu- sible use in developing gas centrifuges for I ask unanimous consent to print in clear weapon by the end of the year. . . . the enrichment of uranium. Further inves- the RECORD an article that describes That is what she says to Fox News. tigation reveals, however, Iraq has purchased this recent report that says Iraq has re- So first she says nobody ever said it. similar aluminum tubes previously to manu- facture chambers for a multiple rocket placed Afghanistan as the training We showed her the fact that the Presi- launcher. ground for the next generation of ‘‘pro- dent did. And then she contradicts her- In other words, not suitable for nu- fessionalized’’ terrorists. self. She contradicts the President and clear weapons. There being no objection, the mate- then she contradicts herself. Then in July 2002, Australian intel- rial was ordered to be printed in the Now, this is very troubling. I wanted ligence said tube evidence is ‘‘patchy RECORD, as follows: to give her a chance to correct the and inconclusive.’’ And IAEA said they [From the Washington Post, Jan. 14, 2005] record. Did Dr. Rice correct the record? are ‘‘not directly suitable’’ for uranium IRAQ NEW TERROR BREEDING GROUND; WAR Let me tell you what she said. She had enrichment and are ‘‘consistent’’ with CREATED HAVEN, CIA ADVISERS REPORT two responses. First she said to this making ordinary artillery rockets. (By Dana Priest) committee, my committee: So we laid this all out there for Dr. Iraq has replaced Afghanistan as the train- The fact is that we did face a very difficult Rice, and she refused again to correct ing ground for the next generation of ‘‘pro- intelligence challenge in trying to under- the record. She had a chance. fessionalized’’ terrorists, according to a re- stand what Saddam Hussein had in terms of This is what she said at the hearing port released yesterday by the National In- weapons of mass destruction. after she saw all of this: telligence Council, the CIA director’s think Notice she does not mention the word tank. We didn’t go to war because of aluminum Iraq provides terrorists with ‘‘a training ‘‘nuclear weapons.’’ And she says: We tubes. ground, a recruitment ground, the oppor- had a very difficult challenge. But that That is what she said to the com- tunity for enhancing technical skills,’’ said is a contradiction because on July 31, mittee. Well, if that is the case, why David B. Low, the national intelligence offi- 2003, this is what she told a German TV did President Bush cite the aluminum cer for transnational threats. ‘‘There is even, station: tubes in his speech in which he made under the best scenario, over time, the like- Going into the war against Iraq, we had the case for the war? He said: lihood that some of the jihadists who are not killed there will, in a sense, go home, wher- very strong intelligence. I’ve been in this Our intelligence sources tell us that he ever home is, and will therefore disperse to business for 20 years. And some of the [Saddam] has attempted to purchase high strongest intelligence cases that I’ve seen. various other countries.’’ strength aluminum tubes suitable for nu- Low’s comments came during a rare brief- . . . We had very strong intelligence going clear weapons production. in. ing by the council on its new report on long- So you can’t say that the aluminum term global trends. It took a year to produce So she tells the committee: We faced tubes were not a reason for going to and includes the analysis of 1,000 U.S. and a difficult intelligence challenge—when war when the President used it in his foreign experts. Within the 119-page report is she had told a German TV station: It speech where he was building support an evaluation of Iraq’s new role as a breeding was the best intelligence we ever had. for the war. She doesn’t answer the ground for Islamic terrorists. This is contradictory, plus she never question. She doesn’t correct the President Bush has frequently described the Iraq war as an integral part of U.S. ef- ever addresses the issue that we asked record. It is very troubling. her about. Why did you contradict the forts to combat terrorism. But the council’s The third issue I raised was the mat- report suggests the conflict has also helped President and why did she contradict ter of linking Saddam to al-Qaida terrorists by creating a haven for them in herself? which she did over and over again. I the chaos of war. Then she had a second response. She voted for the war against Osama bin ‘‘At the moment,’’ NIC Chairman Robert L. pointed to the Duelfer report and cited Laden. I believed the President when Hutchings said, Iraq ‘‘is a magnet for inter- it but failed to tell the whole story he said we are going to get him dead or national terrorist activity.’’ where the Duelfer report said: alive. I thought we wouldn’t stop—we Before the U.S. invasion, the CIA said Sad- wouldn’t turn away—and that we dam Hussein had only circumstantial ties Saddam Hussein ended the nuclear pro- with several al Qaeda members. Osama bin gram in 1991 following the Gulf War. would not end until we broke the back Laden rejected the idea of forming an alli- There you go. She never said that. of al-Qaida. ance with Hussein and viewed him as an She never cited that. She cited other Well, unfortunately, when we went enemy of the jihadist movement because the quotes from the Duelfer report. into Iraq—and this was sold to us in Iraqi leader rejected radical Islamic ideals So her answers to the questions I part by Dr. Rice; she viewed that as her and ran a secular government. asked her, saying once that Saddam job; I think the President gave that job Bush described the war in Iraq as a means to promote democracy in the Middle East. would not have a weapon within a year, to her—we took our eye off al-Qaida. We took our eye off bin Laden. And the ‘‘A free Iraq can be a source of hope for all and another to me saying he would, her the Middle East,’’ he said one month before answers are completely nonresponsive consequences are being seen and felt. Dr. Rice told the committee that the the invasion. ‘‘Instead of threatening its to the question and raise more credi- neighbors and harboring terrorists, Iraq can bility lapses. terrorists ‘‘are on the run.’’ The truth be an example of progress and prosperity in Then we have another area of alu- is, they are now in 60 countries when a region that needs both.’’ minum tubes. On September 8, 2002, Dr. before 9/11 they were in 45 countries. But as instability in Iraq grew after the I want to read to you a paragraph Rice was on CNN’s Late Edition with toppling of Hussein, and resentment toward that best expresses my views on the the United States intensified in the Muslim Wolf Blitzer and made this statement: impact of the Iraqi war on the war world, hundreds of foreign terrorists flooded We do know that there have been ship- against terrorism. It was written by into Iraq across its unguarded borders. They ments going . . . into Iraq, for instance, of one of the world’s experts on terror, found tons of unprotected weapons caches aluminum tubes that really are only suited Peter Bergen, 5 months ago: that, military officials say, they are now to . . . nuclear weapons programs. . . . using against U.S. troops. Foreign terrorists What we have done in Iraq is what bin are believed to make up a large portion of to- And then President Bush repeated Laden could not have hoped for in his wildest the same thing: day’s suicide bombers, and U.S. intelligence dreams: We invaded an oil-rich Muslim na- officials say these foreigners are forming Our intelligence sources tell us that (Sad- tion in the heart of the Middle East, the very tactical, ever-changing alliances with former dam) has attempted to purchase high- type of imperial adventure that bin Laden Baathist fighters and other insurgents. strength aluminum tubes suitable for nu- has long predicted was the United States’ ‘‘The al-Qa’ida membership that was dis- clear weapons production. long-term goal in the region. We deposed the tinguished by having trained in Afghanistan I pointed out to Dr. Rice that the De- secular socialist Saddam, whom bin Laden will gradually dissipate, to be replaced in partment of Energy thought otherwise long despised, ignited Sunni and Shia fun- part by the dispersion of the experienced sur- damentalist fervor in Iraq, and have now vivors of the conflict in Iraq,’’ the report as far back as April 11, 2001. They said provoked a ‘‘defensive’’ jihad that has galva- the ‘‘specifications [for the tubes] are says. nized jihad-minded Muslims around the According to the NIC report, Iraq has not consistent with a gas centrifuge world. It is hard to imagine a set of policies joined the list of conflicts—including the end use. . . .’’ better designed to sabotage the war on ter- Israeli-Palestinian stalemate, and independ- On May 9, 2001, they said: rorism. ence movements in Chechnya, Kashmir, The Intelligence Community’s original This conclusion was supported by the Mindanao in the Philippines, and southern analysis of these tubes focused on their pos- CIA Director’s think tank. Thailand—that have deepened solidarity

VerDate jul 14 2003 00:55 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.059 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S401 among Muslims and helped spread radical Is- then go on television, look the Amer- a CIA document that was reportedly lamic ideology. ican people in the eye, and tell them sent to the White House in September At the same time, the report says that by that in fact—and I will go back to her 2004 that states there is no conclusive 2020, al Qaeda ‘‘will be superseded’’ by other quote again: Islamic extremist groups that will merge evidence that Saddam harbored with local separatist movements. Most ter- We clearly know that there were in the Zarqawi. rorism experts say this is already well under- past and have been contacts between senior Last October, a senior U.S. official way. The NIC says this kind of ever- Iraqi officials and members of al-Qaeda going told ABC News there was, in fact, no morphing decentralized movement is much back for actually quite a long time. evidence that Saddam even knew And there are some al-Qaeda personnel more difficult to uncover and defeat. Zarqawi was in Baghdad. So we are not Terrorists are able to easily communicate, who found refuge in Baghdad. She did not tell the full story there, being told the whole truth. We are not train and recruit through the Internet, and being given all of the facts. I have to their threat will become ‘‘an eclectic array and I gave her a chance to do it. of groups, cells and individuals that do not It is really troubling to me. After all say that I think it is a disservice to the need a stationary headquarters,’’ the coun- this time, these are the things she American people. cil’s report says. ‘‘Training materials, tar- could have said: I never checked out The fourth issue I raised with Dr. geting guidance, weapons know-how, and that map. You are right, Senator, there Rice concerns U.S. relations with Iran fund-raising will become virtual (i.e. on- were no al-Qaida there. But she didn’t during the Iraq-Iran war. That sounds line).’’ do that. She could have listened to like, why would I raise that because The report, titled ‘‘Mapping the Global Fu- that war was in the 1980s? It is impor- ture,’’ highlights the effects of globalization what the experts were saying about and other economic and social trends. But how bin Laden loathed Saddam Hus- tant because, in making her case for NIC officials said their greatest concern re- sein, two despicable tyrants who hated the war in Iraq, Dr. Rice cited mains the possibility that terrorists may ac- each other. Saddam’s deplorable use of chemical quire biological weapons and, although less Peter Bergen said: weapons during the Iran-Iraq war. It likely, a nuclear device. . . . I met bin Laden in ’97 and . . . asked certainly was a sin against humanity. The council is tasked with midterm and him at the end of the interview . . . his opin- She failed to mention, however, that it strategic analysis, and advises the CIA direc- ion of Saddam Hussein. And [bin Laden] said, was Special Envoy Donald Rumsfeld— tor. ‘‘The NIC’s goal,’’ one NIC publication ‘‘Well, Saddam is a bad Muslim and he took here he is in this picture—in December states, ‘‘is to provide policymakers with the Kuwait for his own self-aggrandizement.’’ best, unvarnished, and unbiased informa- 1983 who met with Saddam 1 month tion—regardless of whether analytic judg- In November 2001, the former head of after the United States confirmed he ments conform to U.S. policy.’’ the Saudi intelligence said: was using chemical weapons almost Other than reports and studies, the council Iraq doesn’t come very high in the esti- daily against Iran. In an attempt to produces classified National Intelligence Es- mation of Osama bin Laden. . . .He thinks of support Iraq during that war, Iraq was timates, which represent the consensus [Saddam Hussein] as an apostate, an infidel, removed from the terrorism list in 1982. among U.S. intelligence agencies on specific or someone who is not worthy of being a fel- None other than Donald Rumsfeld was issues. low Muslim. giving the good news to Saddam Hus- Yesterday, Hutchings, former assistant Then the bipartisan 9/11 Commission dean of the Woodrow Wilson School of Public sein and tried to restore full diplo- says there is ‘‘no collaborative’’ rela- matic relations. As a matter of fact, and International Affairs at Princeton Uni- tionship between Iraq and al-Qaida, versity, said the NIC report tried to avoid during this whole Iran-Iraq war, we all analyzing the effect of U.S. policy on global and Dr. Rice received that memo on know the story that American firms trends to avoid being drawn into partisan September 18, 2001, and still she went were selling materials to Saddam Hus- politics. before the American people. When I sein. Among the report’s major findings is that asked her about it, she said: the likelihood of ‘‘great power conflict esca- Now, this is what Dr. Rice said. She As to the question of al Qaeda and its pres- said: lating into total war . . . is lower than at ence in Iraq, I think we did say that there any time in the past century.’’ However, ‘‘at was never an issue of operational control I will say it right now. The U.S. Govern- no time since the formation of the Western . . . that Saddam Hussein had nothing to do ment has often, as the President said, sup- alliance system in 1949 have the shape and with 9/11 as far as we know or could tell. ported regimes in the hope that they would nature of international alignments been in It wasn’t a question of operational alli- bring stability. We have been in the Middle such a state of flux as they have in the past ance. It was a question of an attitude about East sometimes blind to the freedom deficit. decade.’’ terrorism that allowed Zarqawi to be in We are not going to do that anymore. What The report also says the emergence of Baghdad and to operate out of Baghdad. happened with Saddam is probably evidence China and India as new global economic Well, those statements continued to that that policy was not a very wise policy. powerhouses ‘‘will be the most challenging of mislead. There is no question about it. That is an understatement. It was a all’’ Washington’s regional relationships. It horrific policy. It was a terrible policy. also says that in the competition with Asia When she says there wasn’t an oper- over technological advances, the United ational alliance and she believed there It was a policy of appeasing Saddam States ‘‘may lose its edge’’ in some sectors. never was, why was it that aboard the Hussein, making sure that he had the (Mr. MARTINEZ assumed the Chair.) USS Abraham Lincoln, when President weapons, because we were essentially Mrs. BOXER. Here is the thing. Dr. Bush had that famous sign ‘‘mission taking his side quietly in the Iran-Iraq Rice told the American people that accomplished,’’ he said: war, and Donald Rumsfeld was super there were strong ties between Saddam The liberation of Iraq is a crucial advance involved in it, and here is the picture Hussein’s Iraq and Osama bin Laden in the campaign against terror. We have re- to prove it. and al-Qaida. These are her words: moved an ally of al Qaeda. Now, I do appreciate that Dr. Rice said it probably was not a very wise We clearly know that there were in the How do you tell the committee that past and have been contacts between senior this administration never thought policy. I was glad to hear her say that. Iraqi officials and members of al-Qaeda going there was an operational link, when But you know what. She doesn’t ex- back for actually quite a long time. the President, standing on the USS plain to us why. When she cited Iraq’s And there are some al-Qaeda personnel Abraham Lincoln, was saying mission use of chemical weapons against Iran who found refuge in Baghdad. accomplished, and the major fighting as a justification for the U.S. attack on Now, I want to show a map that the is behind us? Iraq, she doesn’t mention that the U.S. State Department put out, and it was He said: Government was working at that very accompanied by a letter from Presi- In the war against Saddam, we have re- same time to reestablish robust rela- dent Bush, a month after 9/11. Here is moved an ally of al Qaeda. tions with Saddam. Indeed, our own the map. The red indicates where there It isn’t right to continue this kind of Government took Saddam off the ter- are al-Qaida cells. Unfortunately, we talk when you already know from the ror list, and the American people de- notice the United States is red. That is 9/11 Commission that it isn’t true, and serve to know that from her, when she why we have to win this war. This is you know from looking at the State advanced this issue as a reason for the the list where al-Qaida or affiliated Department that it wasn’t true. Yet it war. Full disclosure. Give the whole groups have operated, and this is a all continues. story. month after 9/11, put out by this ad- In her point about allowing Zarqawi Mr. President, how much time do I ministration. No Iraq. So how do you to be in Baghdad, she failed to mention have remaining?

VerDate jul 14 2003 02:04 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.013 S25PT1 S402 CONGRESSIONAL RECORD — SENATE January 25, 2005 The PRESIDING OFFICER. The Sen- inhumane, or degrading treatment. She Then we have this language that she ator has 24 minutes. said she opposes other provisions in the writes a couple of months after she Mrs. BOXER. Mr. President, I raise section. makes this beautiful speech in October the issue of Dr. Rice’s opposition to a Well, Mr. President, this was the op- saying she opposes this provision that provision in the intelligence reform erative language of the section. That says no prisoner shall be subject to tor- bill that would have outlawed the use second day’s excuse just doesn’t hold ture or cruel, inhuman or degrading of cruel, inhumane, or degrading treat- up under scrutiny because she wrote in treatment or punishment that is pro- ment of foreign prisoners by intel- a letter—this is what Dr. Rice wrote to hibited by the Constitution, laws, or ligence officials. The section of this the committee. treaties of the United States. She provision is here. It was passed unani- Mrs. BOXER. This says: writes a letter opposing this section mously by the Senate. The overall The administration also opposes [she after she makes this beautiful speech. amendment was written by Senators names the section] which provides legal pro- When I asked her to explain it, she tections to foreign prisoners to which they gives me reasons that just do not hold MCCAIN and LIEBERMAN, but this par- are not now entitled under applicable law ticular provision was written by Sen- and policy. up, that it is duplicative, which it is not, that she really did not oppose it, ator DURBIN: And she says that section 1095 of the which cannot possibly be true because Prohibition on torture or cruel, inhumane, Defense Authorization Act already ad- we have her letter in writing where she or degrading treatment or punishment. dresses this issue. So Dr. Rice’s own did. In general, no prisoner shall be subject to words in the letter contradict what she torture or cruel, inhumane, or degrading There is no doubt that Dr. Rice has treatment or punishment that is prohibited told the committee. the resume, the story, the intelligence, Now, this issue of torture is one that by the Constitution, laws, or treaties of the and the experience to be Secretary of matters. It matters to me for many United States. State. She certainly is loyal to this reasons. The first is it is about our hu- That is very straightforward. When I President, we know that, and I think manity. It is about our humanity. Sec- asked Dr. Rice, why did you sign a let- that is important. The President wants ond is that it is about our soldiers, who ter with Mr. Bolton and object to this to have someone who is loyal. He may find themselves in captivity and provision and ask that it be stricken, should also want to have someone who in a circumstance where they might she had a couple of different responses. will be independent such as Colin Pow- well get treated the way we are treat- ell was. The first response she gave me was: ing people we capture. That is why the This is duplicative of language that was in After 9 hours of grueling questions protective words here and living up to and answers before the committee, she the Defense Department bill. our treaties or obligations of our Con- So I checked with the authors of this proved her endurance for the job. In re- stitution and international treaties are sponding to me, she used a very clever provision, and I said: Is it true that so important. It is not some vague aca- this is duplicative? They said the lan- tactic that we all learn in politics, demic discussion; it is very serious. which is to go after the questioner, guage is in the Department of Defense, Now, I went and saw, as many col- why are you attacking me, and then do but it does not apply to the CIA and in- leagues did, the pictures from Abu not answer the questions. It was OK telligence officers who work outside of Ghraib prison. As long as I live, they that she did that. I did not mind that the DOD. So I explained it to her, and will be seared in my memory. There she did that. But she did not answer she argued with me and she said it is are a lot more pictures that the public the questions. That is the point. not true, it is duplicative. I said: Do didn’t see. I can tell you—and I think I I believe the committee gave Dr. you think Senators MCCAIN, can say this of most of my colleagues I Rice the opportunity to speak candidly LIEBERMAN, and DURBIN don’t know was sitting with from both sides of the and set the record straight. It is not what they are doing when they added aisle—I could barely watch what was only my questions. Senator BIDEN this to the intelligence bill? She didn’t shown. asked her how many Iraqi security I am sometimes torn to talk about answer. The fact is, this is not duplica- forces were trained, and without blink- what I saw. I have done it in small tive. This is necessary so that we cover ing an eye she said 120,000. And he said, groups where my constituents have those intelligence officials who may wait a minute—and anyone who knows asked me what I saw, but I will not do not be part of the Department of De- Senator BIDEN knows that he kind of it today. I do not want to do it, but let fense but are part of other agencies not roots for someone when they sit in the it be said that the kinds of pictures covered by the Department of Defense. hot seat—let us really be candid here. that I saw do not reflect our country or And then she went on and said: He said: I went to Iraq and I was told our values. We have to be united on We did not want to afford to people who by the military that there is nothing this. did not—shouldn’t enjoy certain protections close to 120,000. He said he was told Senator DODD asked Dr. Rice to those protections. And the Geneva Conven- there were 4,000. She stuck by the tions should not apply to terrorists like al- please tell us her personal views on tor- 120,000. Qaida. They can’t or you will stretch the ture, and he laid out a couple of exam- Later, when others were asked in the meaning of the Geneva Convention. ples of torture. She demurred and administration, such as Ambassador would not respond to those specific That was her second problem with it, Negroponte, he would not put out a questions. I thought that was a mo- which was that you are granting more number but he sure did not say 120,000. rights than the Geneva Conventions. ment in time where she could have sent Everyone with a heart and a pulse However, this explanation makes no out a signal to the whole world about knows it is not 120,000 trained troops, America. She said for sure that Abu sense because the following language because as Senator BIDEN said at that was also part of this, which is: Ghraib was terrible. She was eloquent hearing, if there are 120,000 trained Nothing in this section shall affect the sta- on the point. In fact, I will read to my Iraqi troops to protect the Iraqi people, tus of any person under the Geneva Conven- colleagues what she said right after why in God’s name are we there in the tions or whether any person is entitled to Abu Ghraib: numbers we are and keeping people the protections of the Geneva Conventions. What took place at the Abu Ghraib prison there, who are leaving their families, does not represent America. Our nation is a So she gave two reasons as to why for extra tours of duty? She would not she wrote a letter and demanded this compassionate country that believes in free- dom. The U.S. government is deeply sorry budge. be removed from the intelligence bill, for what has happened to some Abu Ghraib I am troubled because we gave Dr. neither of which is true. It is not dupli- prisoners and people worldwide should be as- Rice every opportunity to speak can- cative, and there is no problem with sured that President Bush is determined to didly, set the record straight, and she the Geneva Conventions because we learn the full truth of the prisoner reports in just did not do that. make a special exception for them. Iraq. In her role as National Security Ad- But that is not all. The next day, Dr. Those comments at that time were viser, she was not responsible for com- Rice came back and changed what she very important. They were the type of ing to the Senate Foreign Relations said the day before. She said she comments that I think pull us all to- Committee or the House equivalent doesn’t oppose the subsection that gether. It was a comment that re- committee. Now she is going to be re- clearly prohibited torture and cruel, flected humanity. sponsible for that. She could not have

VerDate jul 14 2003 00:55 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.062 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S403 a friendlier chairman than Senator Secretary of State. President Bush has someone suggests to this President, or LUGAR in terms of being given every made an excellent choice for this pre- to any future President, that he pursue opportunity to work with our com- eminent position in his Cabinet. Her regime change, that one of his advisers, mittee. I know Senator BIDEN and Sen- experience as National Security Ad- perhaps Dr. Rice, will say: Mr. Presi- ator LUGAR work together just like viser will make her even more effective dent, based on the history of postwar brothers. This is a very bipartisan com- than one normally might be. When for- reconstruction and what we have mittee. We are going to see Dr. Rice eign leaders talk with Dr. Rice, they learned in Iraq, any regime change is there very often because she will be will know she is speaking with the likely to take us several years, is like- confirmed. I hope when she comes back President’s voice. ly to cost us hundreds of billions of dol- before the committee that she will be I had the privilege of attending much lars, and require the sacrifice of thou- more candid with the committee. of the 9-plus hours of hearings. Dr. Rice sands of lives. If it is in our national At this time I am judging her on her got about every kind of question. She interest to go ahead, then the Presi- answers to these questions. She dodged handled the questions, I thought, with dent may decide that, but he needs to so many of them and again resorted to dignity, with intelligence, with grace. have that advice. And we need to dis- half the story and even got herself in It was an excellent performance. It cuss that as we did in the hearing the deeper water in some of her responses. augurs well for her time as a U.S. Sec- other day. So I cannot support this nomination. retary of State. I am proud to support American history is the story of set- The cost of the policy in Iraq, a pol- her. ting noble goals and struggling to icy that she embraced wholeheartedly, The major issue confronting Dr. Rice reach them and often falling short. We a policy that she did, in fact, bring to and our Nation today is the war in sincerely say, in our country, that any- the American people and she led them Iraq. At the hearings to which I just re- thing is possible, that all men are cre- to certain conclusions that turned out ferred, some of my colleagues talked ated equal, that no child will be left be- not to be true, whether it was the alu- about needing an exit strategy. I dis- hind—even though we know down deep minum tubes, the ties to al-Qaida, agree. I don’t believe we need an exit we will fall short and we know we will whether it was her half argument on strategy in Iraq. We need a success then have to pick ourselves up and the Iran-Iraq war, whether it was her strategy. But such a strategy may keep trying again to reach those noble obvious contradictory statements on mean taking a little more realistic goals. we never said he would have a nuclear view of what we mean by success. It is We also said we want to make the weapon in a year one day and then the one thing to help people win their free- world safe for democracy, and we re- next year she said we did not say that, dom, as we did in Iraq. It is another to member an inaugural speech 44 years it is too hard to overlook these things. help a country become a stable, plural- ago in which a new President named I will close with the Martin Luther istic democracy, a flourishing society. John F. Kennedy said we would ‘‘pay King quote, which I will not recite ex- We need to ask ourselves how many any price, bear any burden’’ to defend actly but I do agree that our lives American lives are we willing to sac- freedom. And we heard last Thursday begin to end when we stop caring about rifice to do this? How long are we will- President Bush echo those sentiments things that matter. Accountability ing for it to take? And what is our when he said to the people of the world: matters. Truth telling matters. The standard for success? When you stand for your liberty, we whole truth matters. Responsibility We should be thinking well beyond will stand with you. matters. The advice and consent role of Iraq. The next time the opportunity oc- Yet there is obviously a limit to the Senate is one that is really very curs for the United States to undertake what we can do and to what we are important. I hope my colleagues on what we now call regime change, or na- willing to do and to the number of lives both sides will recognize that this Sen- tion building, what lessons have we we will sacrifice to secure the blessings ate is at its best when we have some of learned in Iraq? During his campaign of freedom and democracy for others. these tough debates. for the Presidency in 2000, President So, now that we have a new Secretary It is not as if we are having a vote to Bush was critical of nation building. of State—almost have one—new Iraqi confirm a Cabinet position that will That was before September 11, 2001. elections within the next few days, and not have as much reach. It is not as if Today the situation has obviously we are about to spend another $80 bil- we are voting to confirm a position changed. lion in Iraq, now is a good time to be where the individual is brand new and Our initial war in Iraq was a stun- clearer about what our success strat- does not have a record. This is a very ning success. What came afterwards egy would be in Iraq. When I asked Dr. important position in a time of war has been a series of miscalculations. Rice about this in her hearing, she ac- where the nominee had a record of But the United States has engaged in knowledged we need a success strategy making many statements to the Amer- nation building more than a dozen but didn’t want to commit to a time- ican people. I believe that out of re- times since World War II and, based on table. spect for the American people, out of those experiences, should we not have In a Washington Post op-ed this respect for the Senate, out of respect anticipated that nation building in morning, two of Dr. Rice’s prede- for the Foreign Relations Committee, Iraq would have required more troops, cessors, Secretaries Henry Kissinger and out of respect to Condoleezza Rice more money, and taken longer than we and George Shultz, agreed we should herself, we needed to ask these ques- expected? And what do those lessons not set a specific timetable for pulling tions. say about our future policy toward na- out our troops. But they also go fur- Now that he is on the floor again, I tion building? ther than Dr. Rice did in the hearing in would say to Senator LUGAR what I I asked Dr. Rice about this when she outlining the framework for what a said before, that he is such a fair chair- appeared before the Foreign Relations success strategy in Iraq might look man. All of us on the committee have Committee. One lesson she said we like. such respect for him. I look forward to learned was that we need to train our Dr. Kissinger and Dr. Shultz wrote working with him on many issues. I own diplomatic personnel with the this: think there will be many times where skills of nation building. She said we A successful strategy needs to answer we will be voting the same way. We need to learn how to help a country set these questions: Are we waging ‘‘one war’’ in will not be today, but that is just one up a new, independent judiciary, how which military and political efforts are mu- time. There will be many other occa- to establish a currency, how to train up tually reinforcing? Are the institutions guid- sions where we will be together. police forces, among other things. I am ing and monitoring these tasks sufficiently I yield the floor. sure other lessons will be learned as we coordinated? Is our strategic goal to achieve The PRESIDING OFFICER. Under move forward, and we should be hum- complete security in at least some key towns and major communication routes (defined as the previous order, the Senator from ble enough to learn them. reducing violence to historical criminal lev- Tennessee is now recognized. I would hope that our experience in els)? This would be in accordance with the Mr. ALEXANDER. Mr. President, I Iraq has reminded us of what a major maxim that complete security in 70 percent rise in support of the nomination of Dr. commitment regime change and nation of the country is better than 70 percent secu- Condoleezza Rice to be America’s next building require. I hope the next time rity in 100 percent of the country—because

VerDate jul 14 2003 00:55 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.066 S25PT1 S404 CONGRESSIONAL RECORD — SENATE January 25, 2005 fully secure areas can be models and it until it begins to look like us. It versary. The political and military efforts magnets for those who are suffering in inse- may mean instead that we strive hard- cannot be separated. Training an army in a cure places. Do we have a policy for elimi- er to understand and celebrate our own political vacuum has proved insufficient. If we cannot carry out both the political and nating the sanctuaries in Syria and Iran values of democracy, of equal oppor- from which the enemy can be instructed, military tasks, we will not be able to accom- supplied, and given refuge and time to re- tunity, of individualism, of tolerance, plish either. group? Are we designing a policy that can the rule of law and other principles But what is such a government? Optimists produce results for the people and prevent that unite us and that we hope will be and idealists posit that a full panoply of civil strife for control of the State and its oil exported to other parts of the world. Western democratic institutions can be cre- revenue? Are we maintaining American pub- How we ourselves live would then be- ated in a time frame the American political process will sustain. Reality is likely to dis- lic support so that staged surges of extreme come our most persuasive claim to real violence do not break domestic public con- appoint these expectations. Iraq is a society leadership in a world filled with people riven by centuries of religious and ethnic fidence at a time when the enemy may, in hungry to know how to live their lives. fact, be on the verge of failure? And are we conflicts; it has little or no experience with gaining international understanding and For example, in my own experience— representative institutions. The challenge is willingness to play a constructive role in and Dr. Rice said at the hearings in her to define political objectives that, even when what is a global threat to peace and secu- experience—we have found that some- falling short of the maximum goal, neverthe- rity? times the most effective way to export less represent significant progress and enlist support across the various ethnic groups. An exit strategy based on performance, not our values is to train foreign students artificial time limits, will judge progress by The elections of Jan. 30 should therefore be at our American universities who then interpreted as the indispensable first phase the ability to produce positive answers to return home to become leaders in their these questions. of a political evolution from military occu- own countries. pation to political legitimacy. That is what Secretaries Kissinger Of course, we Americans will never Optimists also argue that, since the Shi- and Shultz wrote this morning. I ask say that only some men are created ites make up about 60 percent of the popu- unanimous consent the article be equal, that only some children will not lation and the Kurds 15 to 20 percent, and printed in the RECORD at the conclu- since neither wants Sunni domination, a be left behind, or that we will pay only democratic majority exists almost automati- sion of my remarks. some price to defend freedom. But per- The PRESIDING OFFICER. Without cally. In that view, the Iraqi Shiite leaders haps we should be thinking more about objection, it is so ordered. have come to appreciate the benefits of de- strategies for extending freedom and mocratization and the secular state by wit- (See exhibit 1.) nessing the consequences of their absence Mr. ALEXANDER. When Dr. Rice democracy in the world other than na- tion building and determine what those under the Shiite theocracy in neighboring comes back to the committee as Sec- Iran. retary Rice—and she will be there strategies are and when they most ap- A pluralistic, Shiite-led society would in- often—I hope she will address these propriately might be used. deed be a happy outcome. But we must take questions and say more about what our Thank you, Mr. President. care not to base policy on the wish becoming objectives are. When she does, I also EXHIBIT 1 father to the thought. If a democratic proc- [From the Washington Post, Jan. 25, 2005] ess is to unify Iraq peacefully, a great deal wouldn’t mind if she acknowledges depends on how the Shiite majority defines when things aren’t going well, or when RESULTS, NOT TIMETABLES, MATTER IN IRAQ majority rule. we need to change our strategy or tac- (By Henry A. Kissinger and George P. So far the subtle Shiite leaders, hardened tics because our earlier approach is not Shultz) by having survived decades of Saddam Hus- working. I think such acknowledg- The debate on Iraq is taking a new turn. sein’s tyranny, have been ambiguous about ments only strengthen the administra- The Iraqi elections scheduled for Jan. 30, their goals. They have insisted on early elec- tion’s credibility and reassure us that only recently viewed as a culmination, are tions—indeed, the date of Jan. 30 was estab- lished on the basis of a near-ultimatum by needed adjustments are being made. described as inaugurating a civil war. The timing and the voting arrangements have be- the most eminent Shiite leader, Grand Aya- At President Reagan’s funeral last tollah Ali Sistani. The Shiites have also June, former Senator Jack Danforth come controversial. All this is a way of fore- shadowing a demand for an exit strategy, by urged voting procedures based on national said the text for his homily was ‘‘the which many critics mean some sort of ex- candidate lists, which work against federal obvious,’’ Matthew 5:14–16. plicit time limit on the U.S. effort. and regional political institutions. Recent You are the light of the world. A city built We reject this counsel. The implications of Shiite pronouncements have affirmed the on a hill cannot be hid. No one after lighting the term ‘‘exit strategy’’ must be clearly un- goal of a secular state but have left open the a lamp puts it in a bushel basket, but on a derstood; there can be no fudging of con- interpretation of majority rule. An absolut- lampstand, and it gives light to all in the sequences. The essential prerequisite for an ist application of majority rule would make house. In the same way, let your light shine acceptable exit strategy is a sustainable out- it difficult to achieve political legitimacy. before others, so that they may see your come, not an arbitrary time limit. For the The Kurdish minority and the Sunni portion of the country would be in permanent oppo- good works, and give glory to your father in outcome in Iraq will shape the next decade of sition. heaven. American foreign policy. A debacle would Western democracy developed in homo- From our beginning, that vision of usher in a series of convulsions in the region geneous societies; minorities found majority the city on a hill has helped to define as radicals and fundamentalists moved for rule acceptable because they had a prospect what it means to be an American and dominance, with the wind seemingly at their of becoming majorities, and majorities were backs. Wherever there are significant Mus- provided America with a moral mis- restrained in the exercise of their power by lim populations, radical elements would be their temporary status and by judicially en- sion. It helps explain why we invaded emboldened. As the rest of the world related Iraq, why we fought wars ‘‘to make the forced minority guarantees. Such an equa- to this reality, its sense of direction would tion does not operate where minority status world safe for democracy,’’ and why be impaired by the demonstration of Amer- is permanently established by religious af- President Bush said last Thursday: ican confusion in Iraq. A precipitate Amer- filiation and compounded by ethnic dif- All who live in tyranny and hopelessness ican withdrawal would be almost certain to ferences and decades of brutal dictatorship. can know: the United States will not ignore cause a civil war that would dwarf Yugo- Majority rule in such circumstances is per- your oppression, or excuse your oppressors. slavia’s, and it would be compounded as ceived as an alternative version of the op- It is why we are forever involving neighbors escalated their current involve- pression of the weak by the powerful. In ment into full-scale intervention. multiethnic societies, minority rights must ourselves in other nations’ business. It We owe it to ourselves to become clear is why when I was in Mozambique last be protected by structural and constitu- about what post-election outcome is compat- tional safeguards. Federalism mitigates the summer I found 800 Americans, 400 of ible with our values and global security. And scope for potential arbitrariness of the nu- them missionaries and most of the rest we owe it to the Iraqis to strive for an out- merical majority and defines autonomy on a diplomats or aid workers. come that can further their capacity to specific range of issues. But is it possible that too much na- shape their future. The reaction to intransigent Sunni bru- tion building runs the risk of extending The mechanical part of success is rel- tality and the relative Shiite quiet must not too far the vision of the city on the atively easy to define: establishment of a tempt us into identifying Iraqi legitimacy government considered sufficiently legiti- hill? with unchecked Shiite rule. The American mate by the Iraqi people to permit recruit- experience with Shiite theocracy in Iran Letting a light shine so others may ment of an army able and willing to defend since 1979 does not inspire confidence in our see our good works does not nec- its institutions. That goal cannot be expe- ability to forecast Shiite evolution or the essarily mean we must invade a coun- dited by an arbitrary deadline that would be, prospects of a Shiite-dominated bloc extend- try and change its regime and reshape above all, likely to confuse both ally and ad- ing to the Mediterranean. A thoughtful

VerDate jul 14 2003 02:04 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.023 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S405 American policy will not mortgage itself to in at least some key towns and major com- closely the exchange between Dr. Rice one side in a religious conflict fervently con- munication routes (defined as reducing vio- and Senator BOXER during the con- ducted for 1,000 years. lence to historical criminal levels)? This firmation hearing before the Foreign The Constituent Assembly emerging from would be in accordance with the maxim that Relations Committee. The reason I fol- the elections will be sovereign to some ex- complete security in 70 percent of the coun- tent. But the United States’ continuing le- try is better than 70 percent security in 100 lowed this closely was not only because verage should be focused on four key objec- percent of the country—because fully secure it was important and it related to the tives: (1) to prevent any group from using areas can be models and magnets for those issue of torture but because it involved the political process to establish the kind of who are suffering in insecure places. Do we an amendment which I had drafted. As dominance previously enjoyed by the Sunnis; have a policy for eliminating the sanctuaries every American I have met, I was (2) to prevent any areas from slipping into in Syria and Iran from which the enemy can shocked by the information and photo- Taliban conditions as havens and recruit- be instructed, supplied, and given refuge and ment centers for terrorists; (3) to keep Shiite graphs that came out of Abu Ghraib; time to regroup? Are we designing a policy troubled by reports from Guantanamo. government from turning into a theocracy, that can produce results for the people and Iranian or indigenous; (4) to leave scope for prevent civil strife for control of the state As a result, I joined in a bipartisan regional autonomy within the Iraqi demo- and its oil revenue? Are we maintaining effort in both the Department of De- cratic process. American public support so that staged fense authorization bill, as well as The United States has every interest in surges of extreme violence do not break do- later in the intelligence reform bill, to conducting a dialogue with all parties to en- mestic public confidence at a time when the put a clear restatement of American courage the emergence of a secular leader- enemy may, in fact, be on the verge of fail- law to a vote, that the United States is ship of nationalists and regional representa- ure? And are we gaining international under- tives. The outcome of constitution-building prohibited from engaging in torture, or standing and willingness to play a construc- cruel, inhuman or degrading treat- should be a federation, with an emphasis on tive role in what is a global threat to peace regional autonomy. Any group pushing its and security? ment. It is important to restate this claims beyond these limits should be brought An exit strategy based on performance, not principle and value so there would be to understand the consequences of a breakup artificial time limits, will judge progress by no questions asked as to whether the of the Iraqi state into its constituent ele- the ability to produce positive answers to United States had deviated from the ments, including an Iranian-dominated these questions. In the immediate future, a legal standard which we had held for south, an Islamist-Hussein Sunni center and significant portion of the anti-insurrection over 50 years—a standard first em- invasion of the Kurdish region by its neigh- effort will have to be carried out by the bors. bodied in the Geneva Conventions and United States. A premature shift from com- then in the Convention on Torture, and A calibrated American policy would seek bat operations to training missions might to split that part of the Sunni community create a gap that permits the insurrection to in other places in our laws. eager to conduct a normal life from the part rally its potential. But as Iraqi forces in- My anti-torture amendment passed that is fighting to reestablish Sunni control. crease in number and capability, and as the in the Senate, went to conference on The United States needs to continue building political construction proceeds after the the Department of Defense authoriza- an Iraqi army, which, under conditions of election, a realistic exit strategy will tion bill, but it was changed slightly Sunni insurrection, will be increasingly com- emerge. from a prohibition to a statement of posed of Shiite recruits—producing an There is no magic formula for a quick, unwinnable situation for the Sunni policy. I didn’t care much for the non-catastrophic exit. But there is an obliga- change, but I accepted it because I rejectionists. But it should not cross the line tion to do our utmost to bring about an out- into replacing Sunni dictatorship with Shiite come that will mark a major step forward in thought it still preserved the basic theocracy. It is a fine line, but the success of the war against terrorism, in the trans- goal, which was to restate our coun- Iraq policy may depend on the ability to formation of the Middle East and toward a try’s policy against torture. The part walk it. more peaceful and democratic world order. that did not change was my amend- The legitimacy of the political institutions ment’s requirement that the Depart- emerging in Iraq depends significantly on The PRESIDING OFFICER. The Sen- international acceptance of the new govern- ator from Illinois. ment of Defense report regularly on ment. An international contact group should Mr. DURBIN. Mr. President, it is my any violations of this policy against be formed to advise on the political and eco- understanding that under a previous torture. That was what happened in the nomic reconstruction of Iraq. Such a step order I am allowed 20 minutes. Is that Department of Defense bill. would be a gesture of confident leadership, correct? Then came the intelligence reform especially as America’s security and finan- The PRESIDING OFFICER. That is bill, and I felt it was important that we cial contributions will remain pivotal. Our correct. try again to restate our law of prohibi- European allies must not shame themselves Mr. DURBIN. I understand Senator tion against torture. It was equally im- and the traditional alliance by continuing to stand aloof from even a political process REED of Rhode Island is also on the list portant that the reporting require- that, whatever their view of recent history, to speak. Is he not? I make inquiry of ments for violations apply not only to will affect their future even more than ours. the Chair: Under the order, is Senator the military agencies as we did in the Nor should we treat countries such as India REED of Rhode Island also allotted Defense bill, but also apply to the vari- and Russia, with their large Muslim popu- time? ety of different intelligence agencies lations, as spectators to outcomes on which Mr. LUGAR. Mr. President, if I may covered by the intelligence bill. their domestic stability may well depend. respond to the distinguished Senator, I tried with both bipartisan amend- Desirable political objectives will remain Senator REED is on a list but is not ments to cover the circumstances of theoretical until adequate security is estab- lished in Iraq. In an atmosphere of political designated precisely. Perhaps while the those who would take into detention assassination, wholesale murder and brig- speaker is speaking we can work this someone during the course of war in andage, when the road from Baghdad to its out. Iraq or Afghanistan or some other international airport is the scene of daily Mr. DURBIN. I recommend that even place. terrorist or criminal incidents, no govern- though he may miss part of my speech. This amendment passed and it was ment will long be able to sustain public con- Thank you, Mr. President. sent to conference. I followed the con- fidence. Training, equipping and motivating President Bush has nominated ference closely as a Senate conferee effective Iraqi armed forces is a precondition Condoleezza Rice as Secretary of State. and a member of the Governmental Af- to all the other efforts. Yet no matter how It is one of the highest positions in our fairs Committee. well trained and equipped, that army will not fight except for a government in which it Government. She is a person of consid- I was surprised and disappointed to has confidence. This vicious circle needs to erable accomplishment and formidable learn as I went to conference that a be broken. intellect. I have watched her service message had come down from the It is axiomatic that guerrillas win if they from afar, and this morning I had my White House—specifically from Dr. do not lose. And in Iraq the guerrillas are first opportunity to meet her person- Rice and OMB Director Joshua not losing, at least not in the Sunni region, ally. Dr. Rice came by my office and we Bolten—which said they objected to at least not visibly. A successful strategy sat down for half an hour and discussed my amendment which condemned tor- needs to answer these questions: Are we wag- ing ‘‘one war’’ in which military and polit- many different issues. I was impressed ture by any American, including mem- ical efforts are mutually reinforcing? Are with her ability and with her forth- bers of the American intelligence com- the institutions guiding and monitoring right approach. munity. these tasks sufficiently coordinated? Is our I will tell you that I am also trou- I couldn’t believe it—they first ac- strategic goal to achieve complete security bled. I am troubled because I followed cepted the underlying policy goals and

VerDate jul 14 2003 00:55 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.031 S25PT1 S406 CONGRESSIONAL RECORD — SENATE January 25, 2005 the reporting requirements of this possibility they will be home soon? tricity, clean water. Only $2.2 billion of same amendment for the Department This report in the morning paper says that amount has been spent. Why? Be- of Defense, and now they were making the answer is no. cause it is unsafe to spend the rest. It an exception when it came to intel- What troubles me is not that it is a is so unsafe that anything we build is ligence agencies. situation demanding of Americans. We likely to be blown up as soon as we I have to tell you that I am very have risen to challenges before. But build it. The violence we see there re- troubled by that. When Senator BOXER what troubles me the most about this flects the frustration of the people of asked repeated questions of Dr. Rice on is I think it evidences one of the most Iraq who think the occupying United the issue, she received conflicting an- profound failures in a democracy. When States Army is not improving their swers. So I returned to the same ques- leaders of a democratic government lives. We are caught in this vicious cir- tion this morning. I asked Dr. Rice mislead the people of the country in re- cle. We cannot rebuild Iraq because point blank: Why did you object to lation to a war and an invasion of an- what we build will likely be destroyed, that amendment? She said incorrectly: other country, I think that is the low- and until we rebuild Iraq, the people We had already taken care of that. est point one can reach. Note that I will not feel their fate has improved by Your Department of Defense amend- said misleading and not intentionally the occupation of the American troops. ment took care of intelligence agen- misleading. There is a big difference. Maybe this election will change that cies. In this situation, it is the argument dynamic. I certainly hope so. That is not the case. The Department of President Bush and his White House Now comes the administration say- of Defense amendment which I offered, that it is true—they misled the Amer- ing they are going to need $80 to $100 which she should have read and appar- ican people about the presence of weap- billion more to continue this war. I was ently did not read, had reporting re- ons of mass destruction, about nuclear 1 of 23 Senators who voted against the quirements for the Department of De- weapons, about aluminum tubes, about authorization for this war; 1 Repub- fense but not for the intelligence agen- connections with al-Qaida, about un- lican and 22 Democrats voted against cies. My intelligence reform bill manned aerial vehicles. The list goes it. After that vote, though, we had an amendment would have extended these on and on. But their argument is, well, opportunity to vote for the money for requirements for the intelligence agen- we had intelligence; we received bad in- the troops. I voted for every single cies. formation. If we told the American penny this administration has asked I am disappointed by that. It is not people something was wrong, don’t for. I will tell you why. I think to my- just another amendment being offered blame us; blame the intelligence agen- self, what if it were your son or daugh- on the floor. Taking away any personal cies. ter in uniforms risking their lives, pride and authorship in this, it was a That has been the position of the would you shortchange them anything? timely amendment after the Abu White House. That is a sad defense The answer is, clearly, no. Ghraib prison scandal to try to restate when you consider where we are today, Yet despite all the money we have for America and the world where we with 150,000 American troops with their put into Iraq, one of the soldiers from stood and where our principles are. Yet lives in danger after being misled by Tennessee stands up and asks the Sec- this administration opposed it. I am the White House about the cir- retary of Defense a few weeks ago: Why troubled by it. I understand Senator cumstances surrounding Iraq. do I have to dig through junk piles to BOXER is even more troubled by it. Dr. Rice, as the National Security find pieces of steel to protect my This is a critical moment in our his- Adviser, was in the room and at the humvee? What is going on, Mr. Sec- tory. It is critical because of the war in table when decisions were made. She retary? His answer was hardly satis- Iraq to pick up the morning paper— has to accept responsibility for what fying or responsive. For all the money most Americans probably did as well— she said, which has been quoted at we have given to this administration, and read in this paper that the Pen- length on the floor. Some of the sug- we cannot say they have spent it well tagon announced there will be 120,000 gestions about nuclear threats, some of when it comes to protecting our troops. American soldiers in Iraq for at least 2 the suggestions about the threats of I have a friend with a son in uniform, more years. It is a stunning and sad ad- Saddam Hussein out of the mouth of in service in Iraq. He and his wife came mission. Dr. Rice were just plain wrong and re- up with $2,000 to buy body armor for I remember when the invasion took peated. That, to me, is very troubling. their son, which they sent to him in place. I remember a colleague of mine Five days from today, Iraq is sched- Iraq. We are spending billions of dol- from Indiana—who happens to be the uled to hold its first election in nearly lars, and individual families have to chairman of the committee before us half a century. It is a step forward. We send body armor to their soldiers. today, Senator LUGAR—and his state- want to see this move toward democ- Humvees—I don’t have to tell you ment. I don’t know if he still holds to racy. I hope it is just not an occasion the story there. In the middle of last this position, but I have quoted him at for more bloodshed. I hope it is not just year, this administration discontinued length. He said at the moment of our an occasion for more bloodshed. It may armoring humvees even though there invasion in Iraq that we are likely to be. were hundreds, if not thousands, still be there for 5 years. When I repeated We have to ask what kind of election vulnerable. Now they have resumed his statement and believed it to be this will be. How many people will after that one Tennessee soldier had true, many people said: We are sure vote? That is an indicator of whether the courage to stand up. you are wrong. We are going to be the election reflects the popular will. Dr. Rice estimates there are 120,000 home more quickly than that. After we Is it an election which will be carried trained Iraqi forces under arms. Sen- knock Saddam Hussein out of power, out with integrity? Is it one where the ator BIDEN of Delaware and many oth- the Iraqi people will take over and we people clearly have a choice and where ers dispute that number. They think it will come home. the election ballots are counted? is vastly inflated. When asked whether Here we are 2 years in the conflict, We have to ask what kind of elec- you would stand and allow one of these 1,400 Americans have been killed, 10,000 tions they will be if candidates’ names troops to defend you, these Iraqi forces or 12,000 injured—more by the day— cannot be published, if polling places with their current equipment and hundreds of incidents of insurgency, cannot be designated, and when few training, most people honestly an- terrorism, and we are still there. Sunni Muslims are likely to partici- swered no. I went to Litchfield, IL, 3 weeks ago pate. However successful the elections We have had many failures in Iraq. to watch an MP Illinois Guard unit go may be, we all know that the bloodshed The National Security Adviser to the off for their deployment for 18 months. will not end at that point. Our present President who was there as we devised There are 80, all men, in this unit. I policies in Iraq seem unlikely to bring this strategy and executed this strat- shook hands with each of them and an end to the killing there any time egy now comes before us for a substan- looked them in the eye and gave them soon. tial promotion to Secretary of State. It all my best wishes, as did the crowd at Last year, Congress allocated $18 bil- is troubling. the Litchfield High School gym. As I lion for the reconstruction of Iraq for I am also worried about this whole looked at them, I thought: Is there any the basic necessities of life—elec- issue of torture. We will revisit this on

VerDate jul 14 2003 00:55 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.072 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S407 the nomination of Alberto Gonzales to manding accountability for agencies of it comes to the AIDS epidemic. It is be Attorney General because his finger- government that engage in them. I important that we teach abstinence prints are all over this administra- would say to the editors of the Wall and teach moral values and spiritual tion’s torture policy. Street Journal, it is time for you to belief. But it is also important that we When members of the Foreign Rela- make a choice. If you support torture, empower women around the world to tions Committee asked Dr. Rice about for goodness’ sake, make that your edi- control their own fate and future. We certain interrogation techniques, torial policy; if not, join us in con- can tell women to be faithful to their whether they constituted torture, she demning those who violate the stand- partners, but what if their partners are said it would not be appropriate for her ards of this Government, which have unfaithful to them? We can encourage to comment. Yet, I think she under- held up for decades. condom use but must remember that stands, and we understand, that if she Condoleezza Rice, as National Secu- women may not have the ability to ne- is to be successful as the diplomat rep- rity Adviser, understands what has gotiate when it comes to that issue, resenting the United States of Amer- happened in Iraq and what her new job even with their husbands. ica, one of the first things she has to will require. It will require diplomacy, It is important that our global strat- try to dispel are those ghastly, horrible a diplomacy which failed before our in- egies against HIV/AIDS are realistic. In vasion of Iraq. Many who opposed the images of Abu Ghraib. Do not believe a speech at the International AIDS invasion felt at the time we needed a for a moment that people across the Conference in July 2004, Nelson broader coalition. But the President world dismiss that as an aberration of Mandela reminded us that: and his supporters argued about the co- renegade night shift soldiers. They be- In the course of human history, there has lieve that this is America at work. We alition of the willing—150 nations, whatever the number happened to be. never been a greater threat than the HIV/ know better. We know our troops are AIDS epidemic. But let’s be very honest about that. better. Our men and women are much We have a chance in America, under better than what was demonstrated at When you pick up the morning paper, whose soldiers are being killed? When the President’s initiative to continue Abu Ghraib, but it is, in fact, an image you look at the message for supple- to lead, both with our own bilateral aid which haunts and will continue to mental appropriation, whose taxpayer to individual countries and through the haunt America for years to come. dollars are being spent? It is the Amer- Global Fund. I hope Ms. Rice in that Senator BOXER asked Dr. Rice why icans. The British have stood by us. capacity will assume that leadership the administration opposed the lan- position. guage I have talked about earlier on Other countries have provided help. We have to also look to economic de- prohibiting torture. As I have said be- But when it comes to carrying this velopment. I said to Dr. Rice, if I went fore, I thought her answers were, at burden, it is American soldiers and American taxpayers. Diplomacy had its to a struggling country anywhere in best, confusing and unresponsive. place before the invasion of Iraq. It will the world and could only ask one ques- Frankly, this administration should have its place in the future. tion to decide the likelihood that they not waste any time restating the obvi- I also talked to Dr. Rice about the would be able to control their problems ous. situation in Sudan. I commended the Every year, our Department of State and their future, it would be this: How administration for finally crossing that issues a report card on the world. We do you treat your women? And if difficult line which the Clinton admin- stand in judgment of the world on women are treated like chattel, like istration refused to cross when it came issues of human rights. We call it the property, like slaves, I can virtually to Rwanda. The Clinton administration ‘‘Country Reports on Human Rights guarantee you that country has little refused to use the word ‘‘genocide,’’ Practices.’’ These reports are pretty or no chance of conquering its prob- and that is what happened in Rwanda. harsh on some countries. They say lems. How many girls are in school? Hundreds of thousands of innocent peo- Are there forced child marriages? Do about these countries around the world ple died. I commended Dr. Rice because that they are involved in torture and women enjoy economic opportunities? the Bush administration, Secretary Is maternal health care a national pri- degrading treatment, including beat- Powell, has stepped forward and has ings, threats to detainees and their ority? Give me the answers to those said clearly this is genocide. But it is questions and I will give you a pretty families, sleep deprivation, deprivation not enough to just say it when civilized of food and water, suspension for long good idea as to whether I think your nations who have signed the Genocide country is moving forward. The Presi- periods in contorted positions, pro- Convention step forward and say it is longed isolation, forced prolonged dent created the Millennium Challenge taking place, it requires positive ac- Account, and it has many important standing, tying of the hands and feet tion on our part. There has been very for extended periods of time, public hu- initiatives and goals in it. I said to her, little. Calling in the African Union and I repeat, I think elevating the role miliation, sexual humiliation, and fe- forces is too little, too late. It will take male detainees being forced to strip in of women around the world should be much more. I tried to make that point one of those goals. front of male security officers. as clearly as I could. These are the charges we level The President’s new foreign assist- We also discussed at length the AIDS ance initiative, the Millennium Chal- against other countries around the epidemic that faces this world. If there world, saying they are engaging in in- lenge Account embodies an innovative is one thing that Secretary Powell said and important initiative. humane practices. Do any of these that I believe will be historic in its im- It is a program of immense but as yet techniques sound familiar? If you pick portance, it is his reference to HIV/ completely unrealized potential. up the morning paper you will see that AIDS and the global epidemic. Here is The Millennium Challenge Account our military and intelligence forces what he said. He referred to that epi- were engaged in similar techniques in demic as ‘‘the greatest weapon of mass seeks to provide assistance to those Iraq and other places around the world. destruction in the world today.’’ I countries with a proven record of in- How can we stand in judgment of other know he believed it. I have spoken to vesting in their own people, as well as countries? How can we hold ourselves him about it many times. Every 10 sec- meeting other criteria. up as a model when we are guilty of the onds another person dies of AIDS in I would like to apply the same stand- same conduct? If there is ever a time this world. Every 6 seconds another ard to our own foreign assistance pro- when this administration should have person becomes infected. grams: Are we investing enough in peo- embraced my amendments to both the The President pledged $15 billion for ple? Defense bill and the intelligence bill to this cause. We have fallen short in the Are we helping build the infrastruc- say what we stand for in this country, first 2 years of reaching a $3 billion tar- ture that will help eliminate poverty it is now. Unfortunately, they have get. I have asked Dr. Rice, if she is con- and not merely ease the latest crisis not. firmed by the Senate, whether she is for a few months? Let me say a word about a recent edi- committed to our meeting that obliga- Are we making sure that our assist- torial in the Wall Street Journal which tion. She said she was. ance reaches women in developing na- took me to task because I am con- We also talked about the role of tions, women who are the key to suc- demning torture techniques and de- women in the world, particularly when cessful development?

VerDate jul 14 2003 00:55 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.074 S25PT1 S408 CONGRESSIONAL RECORD — SENATE January 25, 2005 These same principles must guide us Rice’s icy response: ‘‘I never, ever lost my the many to pay their respects to those as we seek to help those devastated by respect for the truth in the service of any- two fine public servants on the eve of the tsunami. thing.’’ In the end, only Boxer and Sen. John confirming the successor to Secretary For instance, half the people of Aceh, Kerry, D–Mass., of the 18 committee mem- Powell. bers, voted against Rice, for whatever sig- I have also known, through the years, Indonesia, the region hit hardest by nificance that symbolic gesture had. the tidal wave, lacked clean water be- Rice defended and endorsed administration the nominee to take Secretary fore the tsunami. positions on Iraq—the war was right even if Armitage’s place, and he is an excel- Disasters hit hardest where poverty the intelligence was wrong—and on North lent choice. The President is to be com- is greatest, and they affect women and Korea, Iran and the Mideast. The consist- mended. children most of all. ency is admirable, but it raises the worri- I must refer to history. I love this in- The tsunami swept away entire vil- some prospect that there is no fresh thinking stitution I think as much as anyone; lages in a matter of minutes. We must on these problems within the administra- not more than anyone, but as much. I tion. respect the heritage and traditions of commit to helping these regions re- That said, she made several worthy com- cover over a period of years. mitments. She would work to rebuild rela- this Chamber. It is quite interesting, if Secretary-designate Rice steps into tions with our traditional allies, refocus ad- you go back, the Presidents of the her position at a critical juncture. ministration attention on neglected Latin United States—certainly I would yield Well over 1,300 American soldiers, America, take an active role in a Mideast to the chairman; I have the history of marines, sailors, and airmen have died settlement and reassert the State Depart- these here—Presidents have always had in Iraq. ment as ‘‘the primary instrument of Amer- the Senate confirm their Secretary of Nearly 150,000 are still over there. ican diplomacy’’—a clear if diplomatic shot State on the day of the inauguration. at Donald Rumsfeld and the Pentagon. Mr. President, 70,000 people have died It goes quite a ways back in history. The Senate should confirm Rice without I expressed at that time that I regret in Darfur. Thousands more are still at delay. She needs to get to work. risk every day. In South Africa, one in this Chamber could not act, and I con- Mr. LUGAR. I thank the Chair. tinue to express that. I think this de- three adults are HIV positive. In Bot- The PRESIDING OFFICER. The Sen- bate is an important one. I do not in swana the numbers are even higher. ator from Virginia. Over a billion people live on less than Mr. WARNER. Mr. President, I thank any way suggest that this debate not a dollar a day. A billion people in the my distinguished colleague, the chair- take place, but I think it could have taken place in the ensuing days and world cannot write their own names or man, for his great leadership in han- weeks following that. But that is his- read a single sentence. dling this nomination. That leadership tory. I did not want this tradition of We simply cannot afford to get this is consistent with what I have observed the Senate to be overlooked in the con- wrong. We cannot afford to repeat mis- these many years, now being in my text of these remarks. takes or to fall short in our commit- 27th year in the Senate, my colleague ments. These are matters of profound It is clear from the exhaustive nomi- being a year or 2 senior to me. But on nation hearings conducted by the For- moral obligation and deepest national behalf of the Senate and on behalf of security and interest. eign Relations Committee over the the country, we thank you, Mr. Chair- course of 2 days that Dr. Rice is ex- The PRESIDING OFFICER. The Sen- man. And I must say, I think your ator’s time has expired. traordinarily capable and qualified. ranking member, in large measure, has She is as capable and qualified a can- Mr. DURBIN. I yield the floor. been supportive. I am anxious to see The PRESIDING OFFICER. Who didate as has ever been appointed in how this works out tomorrow. But well my lifetime to this position. She yields time? done to you, sir, from one old sailor to The Senator from Indiana. stands with the finest because of her another. extraordinary record of achievements. Mr. LUGAR. Mr. President, I ask I am privileged to join my colleagues I say to the chairman, she was reported unanimous consent that an editorial today in this very important debate out of your committee by a vote of 16 endorsing Dr. Rice for Secretary of with regard to the nomination of per- to 2. To me, that is a resounding affir- State, published in the Evansville Cou- haps the most important member of mation by bipartisan members of that rier & Press, on January 24, 2005, be any President’s Cabinet, that of Sec- committee. printed in the RECORD. retary of State. There being no objection, the mate- The personal attacks on her char- Before referring to Dr. Rice, I would acter and integrity, we have now wit- rial was ordered to be printed in the like to pause and express my heartfelt RECORD, as follows: nessed them. I find them somewhat as- appreciation to Secretaries Powell and tonishing, the level of the attack, par- [From the Evansville Courier & Press, Jan. Armitage. I have been privileged to 24, 2005] ticularly as it relates to her lifetime have known them and worked with dedication to what we call here in the COOL CONDI them for many years. Senate the standards for truthfulness. Senate Democrats rather churlishly When I was Secretary of the Navy, And I was delayed, Mr. Chairman, be- pushed Condoleezza Rice’s certain approval while I did not know him at that time, cause I had been trying through the as secretary of state over to this week. Per- during the war in Vietnam, Secretary haps they felt that the gracious gesture of day to reach former Secretary of State Powell was on the very front lines of George Shultz, with whom you and I confirming her on Inauguration Day would that war. And to this day, in his heart be interpreted as a sign of weakness by the and many others have had so many Bush White House. and in other ways, he carries the heavy years of warm and excellent relations— Democrats on the Senate Foreign Rela- burdens of that conflict. I have always sometimes not so warm, maybe a little tions Committee seemed disappointed that been so impressed with him. I have heated on occasion, I recall. But Sec- Rice would not distance herself from, back- worked with him as he rose through retary Shultz reminded me that Dr. track from or apologize for President Bush’s the ranks. Rice first met President Bush in his foreign policy. In hearings last week, they I first met him as a colonel and fol- failed to force any daylight between Rice and living room. And the relationship goes lowed his career all the way through way back. the president. And they tried; one session being a four star general, particularly even ran into the night. So I wrote down just a few of the re- Rice’s credentials to be secretary of state when I was actively working with him marks by that distinguished Secretary were not in question. She is a career student and he was the executive military as- because it goes to the very heart of the of foreign policy and spent the last four sistant to Secretary of Defense Caspar critics who challenge her integrity. He years as White House national security ad- Weinberger. And by his side he wisely said, without any reservation whatso- viser. No one who has followed her career chose to put Secretary Rich Armitage, ever, she was absolutely honest in her was surprised by her performance before the another Vietnam veteran who bears convictions and a woman of impeccable Foreign Relations Committee. the scars of that war. They were a loyalty and integrity. She was informed, poised and unflappable, magnificent team on behalf of the her voice only taking on a slight edge when He said loyalty, of course. But truth- Sen. Barbara Boxer, D–Calif., all but accused United States of America, and they fulness will always prevail over any de- her of being a liar—‘‘your loyalty to the mis- both quietly have stepped down in the gree of loyalty. sion you were given, to sell this war, over- manner in which they have always con- I found that important, and I wanted whelmed your respect for the truth.’’ ducted their lives. I want to be among to share it with my colleagues. She, in

VerDate jul 14 2003 00:55 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.029 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S409 his judgment, will rise to the occasion war. And because of his past history U.N. weapons inspectors, President and in due course, if not already, she with the use of such weapons and the Clinton stated the following—I might will receive the trust and confidence of clear documentation following the 1991 add a personal note. I remember so well the people of this country, and that her conflict that they were there in some our former colleague and dear friend record, as she works through her chal- measure, there was every reason to at- Bill Cohen was Secretary of Defense at lenges, will be one that they, the tach considerable credibility to the that time. I was chairman of the com- United States of America and its citi- prevailing thinking at that time, not mittee. zens, can be proud of. only within our Government but many He invited me over several hours be- I thank Secretary Shultz for his re- other governments of the world, that fore the order was executed to utilize marks. these weapons did exist in the hands of force. We sat in that office of the Sec- I also thought to myself, the chair- a despot and in one way or another retary of Defense which I had been in man and I have paralleled our careers. they could be released either by him or so many times over the years, and he One of my Commanders in Chief, actu- by surrogates on free nations elsewhere went through very carefully the reason ally two times—for a brief period at in the world. That is a statement of why President Clinton decided to use the end of World War II and then fact. I question anybody who wants to force. I remember saying to him: Well, Korea—was Harry Truman. Harry Tru- take me up on that. Mr. Secretary—I obviously said Bill—it man very often had directed at him Against that background, this criti- is on the eve of Christmas. Could not some remarks which didn’t exactly re- cism is made of this distinguished pub- this matter be delayed for a brief pe- flect with great resounding in his lic servant. But it is clear to me that riod. Let’s face it, the world is cele- heart. He came out with that priceless the actions taken by the President brating one of the great religious and statement: If you can’t take the heat, were the correct ones in light of the historic precedents. He said: No. We are get out of the kitchen. facts that were known to the best of going to launch it. Well, the most profound thing that I our judgment at that time. It was a Well, the President said the following may say today is this Secretary of strong case to utilize force to back up as he launched that strike: State can take the heat, and she will the diplomacy. I mention that ‘‘force Earlier today I ordered America’s armed remain in that kitchen. In my judg- to back up diplomacy.’’ Diplomacy, forces to strike military and security targets ment, in the vote by the Senate tomor- in Iraq. Their mission is to attack Iraq’s nu- throughout the history of mankind, clear, chemical, and biological weapons pro- row, you will find by virtue of the size can be no stronger than the commit- grams and its military capacity to threaten of that vote a statement by this Senate ment to enforce it, to back it up in the its neighbors. The international community reflecting their trust and their con- event it fails. I think throughout this had little doubt then, and I have no doubt fidence in this distinguished Ameri- process we followed that time-honored today, that left unchecked, Saddam Hussein can’s record of achievement over her tradition of world powers. We did ev- will use these terrible weapons again . . . lifetime, her entire lifetime, not just erything we could to withhold the use The hard fact is that so long as Saddam Hus- sein remains in power, he threatens the well- that in public office recently. of force and to allow diplomacy to Going back to some of the comments being of his own people, the peace of the re- work its will. The rest is history. gion, and the security of the world. And, that were leveled at her, the essence of From the time of Iraq’s defeat in the mark my words; he will develop weapons of the criticism was that she has been less first Persian Gulf war in 1991, and fol- mass destruction. He did deploy them and he than truthful. It turned in large meas- lowing his brutal invasion of Kuwait, will use them. ure on this issue of weapons of mass de- Hussein followed a pattern of deceit, I don’t know what additional needs struction. That is an issue that I take manipulation, and defiance of the to be said. To me that is very clear. It a back seat to no one on. I tried in international community. He contin- is understandable. It is explicit. It was every respect with others to be in the ued to brutally repress his own citi- a proper use of Presidential power. very forefront of that debate. zens. He continued to support terrorist Even though he made, I think, at that I remember one hearing of the Senate organizations in Palestine and else- point a very courageous and proper de- Armed Services Committee, and Direc- where. He made a mockery of the U.N. cision, it did not deter Saddam Hus- tor Tenet was before the committee. I sanctions and the U.N. Security Coun- sein. asked him a question. This was before cil resolutions, as he pursued banned In the post-9/11 world, the thought of we had engaged in active military op- weapons and technologies of mass de- a rogue tyrant—one who had used erations to liberate the people of Iraq. struction. He systematically robbed weapons of mass destruction in the The President was there in the final the coffers of the humanitarian pro- past—joining forces with terrorists was moments of his decisionmaking. I was grams established to ensure that Iraqi even more unsettling. As the Congress one of four who worked up a bipartisan citizens received sufficient medicines debated the resolution to authorize the resolution that the Senate worked up. and food and other nourishment. President to use force in Iraq in Octo- Seventy-seven Senators voted for that Over the course of the next 12 years, ber 2002, our colleague Senator KERRY resolution. since 1991, the Hussein regime defied made the following statement: I said to Director Tenet, the issue of the will of the international commu- When I vote to give the President of the weapons that can bring about such de- nity. Every conceivable diplomatic ef- United States the authority to use force, if struction is important in this debate fort has been expended in an attempt necessary, to disarm Saddam Hussein, [it is] and this decision process. I used the to require him to destroy and account because I believe that a deadly arsenal of phrase such as ‘‘should we be com- for the weapons of mass destruction he weapons of mass destruction in his hands is pelled,’’ as the President was, in my clearly possessed in 1991, to account for a real and grave threat to our security. . . .’’ judgment, rightfully, to go in and use missing Kuwaiti nationals, and to com- In a speech 3 months later at George- military power, and at such time as the ply with at least 17 U.N. Security town University, Senator KERRY stat- battles have reached a position where Council resolutions. ed: the television cameras of the world can Prior to 9/11, Saddam Hussein’s con- Without question, we need to disarm Sad- come in and photograph what is there, duct was of grave concern to the dam Hussein. He is a brutal, murderous dic- will those photographs, the television United States and, indeed, the larger tator, leading an oppressive regime. He pre- sents a particularly grievous threat because pictures, carry clearly evidence of the international community. Based on his he is so consistently prone to miscalcula- existence of weapons of mass destruc- repressive treatment of his own citi- tion. And now he is miscalculating Amer- tion. And his acknowledgment was: zens in defiance of U.N. weapons in- ica’s response to his continued deceit and his Without a doubt. spectors, it became the policy of the consistent grasp of weapons of mass destruc- Now that testimony reflects the best United States, as embodied in the Iraq tion. So the threat of Saddam Hussein with judgment within our Government of Liberation Act in October of 1998, to weapons of mass destruction is real. the situation with regard to weapons of actively seek regime change in Iraq. Is anyone taking the floor today to mass destruction. Hussein had defied 17 In a statement to the Nation shortly suggest that President Clinton and or 18 United Nations resolutions. Lit- after ordering United States armed others who spoke out so forcibly at erally because of his defiance and inac- forces to strike Iraq in December 1998, that time were untruthful? I hear a si- tion, it propelled this Nation into this after Saddam Hussein had expelled lence.

VerDate jul 14 2003 03:08 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.079 S25PT1 S410 CONGRESSIONAL RECORD — SENATE January 25, 2005 I believe that we should give consid- where. The ultimate intent of his ter- The PRESIDING OFFICER. The ma- eration to this fine public servant who rorist ties was unclear, but very unset- jority controls 2 hours 14 minutes; the is stepping up to become Secretary of tling, in the post 9/11 world. minority controls 1 hour 52 minutes. State and consider the environment, Considering the compelling factual Mr. LUGAR. I thank the Chair. the state of the knowledge, the state- case, assembled over many years, our The PRESIDING OFFICER. Under ments made by a former President, and President made the right decision. In a the previous order, the Senator from statements made by colleagues in the bipartisan vote, 77 Members of this California is recognized. context of the issue of weapons of mass body agreed. Mrs. FEINSTEIN. Mr. President, I destruction, and I suggest that I do not Iraq was a grave and gathering thank the Chair and the chairman of find any disloyalty or any lack of threat, to its own citizens, to the re- the Foreign Relations Committee. I truthfulness in her remarks publicly gion, and to the world. The issue of had the pleasure of introducing Dr. and throughout this process as it re- weapons of mass destruction was a fac- Rice to the Foreign Relations Com- lated to the earlier base of knowledge tor, but by no means the only reason mittee. I thought I might just come to on weapons of mass destruction. for considering the use of military the floor of the Senate and share with As a member of the Intelligence force against Iraq—it was one among the Senate as a whole some of my feel- Committee in the last Congress, I went many concerns. ings and beliefs about this nominee. through a very careful set of hearings Courageously, our President did act, I consider myself a friend of Dr. with other members of that committee, with the support of the Congress, the Rice’s. She is a fellow Californian. I and we issued a report that I think voice of the American people. It was have known her. We have participated helped explain how the mistakes were the right decision. The world is a safer together in various think tank discus- made with regard to the judgments on place today and Iraq and the entire sions. I know the bright, incisive mind weapons of mass destruction, on which Middle Eastern region is a better place that she has. I also know her back- I certainly do not find any basis to without Saddam Hussein. We owe a ground. This is a woman who was born challenge Dr. Rice’s truthfulness. timeless debt of gratitude to those of 50 years ago in the segregated South, In retrospect, we were wrong as a Na- our military and to other nations in Alabama. She has been able to reach tion, together with other countries, in whose uniformed personnel have borne the highest level of academia and pub- our assumptions about Saddam Hus- the brunt of battle, together with their lic service. Can you imagine, she went sein’s stockpiles of weapons of mass de- families. to college at the age of 15 and grad- struction. This shortcoming in our in- Dr. Rice has often, in my visits and uated at the age of 19. Not many people telligence estimates has been the sub- consultations with her, expressed her know that. In January of 2001, she be- ject of exhaustive investigations by the concern for those who bear the brunt of came the first African-American Congress and independent commis- war and, indeed, also the tens of thou- woman to serve as National Security sions, and it continues with other com- sands of Iraqi citizens who regrettably Adviser. She has distinguished herself missions that are looking at it. We at this very moment are suffering from as a thoughtful, determined, and hard- were not alone in those assessments. the internal strife in that nation on working individual. Consequently, I be- The best estimates of most foreign in- the eve of these historic elections, lieve she can be a strong and effective telligence agencies, including those of which will go forward this weekend. voice for America’s interests abroad. Britain, Italy, Germany, Russia, and We have before us an extraordinarily Now, looking at the foreign policy those of the U.N., were that Saddam well-qualified nominee to be Secretary landscape, the United States faces sev- Hussein had weapons of mass destruc- of State—an educator, a manager, a eral very complex challenges in many tion. How can the critics possibly say public servant, a proven leader of inter- parts of the world. How we respond to that Dr. Rice and others in the admin- national renown. Dr. Rice is enor- these challenges will have a tremen- istration would intentionally deceive mously talented and we are fortunate, dous impact not only on our future, but the American people and the world? as a Nation, to have someone of her on the future of the world. If you just Hindsight has also revealed several caliber so willing to serve. take Iraq—and we are coming up to an other interesting facts. Saddam Hus- I strongly support the nomination of election—what happens after that elec- sein’s strategy of ignoring sanctions Dr. Rice to be Secretary of State and tion? What will be done with the ‘‘de- and eroding support for them over time urge my colleagues to confirm her ap- Baathification’’ policy of Mr. Bremer, was clearly working. International will pointment quickly and overwhelm- which I happen to think was a huge to continue sanctions was waning. ingly. mistake? Yes, one of the mistakes the What is clear in the findings of the Iraq The PRESIDING OFFICER. The Sen- administration made was to effectively Survey Group is that it was Saddam ator from Indiana is recognized. remove many managers and super- Hussein’s intent to revive a weapons of Mr. LUGAR. I thank the Senator, my visors, of virtually all of the signifi- mass destruction program, including a friend and colleague from Virginia, for cant infrastructure of Iraq, including nuclear program, once sanctions were his generous remarks. the military and the police removed or sufficiently eroded and the I ask unanimous consent at this department. attention of the world was diverted point, to try to formulate the program I am one who believes that was a elsewhere. That comes out of that sur- for much of the rest of the evening, mistake. I am one who believes that vey group. Our committee had a great that following the remarks of Senator because of that, the Sunni population deal of work with that group, and I FEINSTEIN, this be the order of speak- has become part of the problem rather have high respect for their findings. ers: Senator STEVENS; REED of Rhode than part of the solution. That needs to It is true that we did not find stock- Island; VOINOVICH; KERRY; INHOFE; a be dealt with. I do not know what Dr. piles of weapons of mass destruction in Democratic Senator at this point, if Rice will do, but I do know I have had Iraq. That is a fact. But, we did find one seeks recognition; Senator CORNYN; an opportunity to discuss it with her, clear evidence of Saddam Hussein’s in- once again, at the next point a Demo- and I do believe she knows that it is a tent to reconstitute those programs in cratic Senator, if one seeks recogni- significant problem that needs to be the future. Such a finding has to be tion; and there may be as many as addressed. viewed in the context of Saddam Hus- three additional speakers who have not In the Middle East, there is a real sein’s Iraqi regime. Saddam Hussein, determined whether they were pre- window of opportunity to advance the his repressive policies, his regional am- pared to speak. peace process with the election of Abu bitions, and his weapons of mass de- The PRESIDING OFFICER. Is there Mazen as the President of the Pales- struction had killed hundreds of thou- objection? tinian Authority and Prime Minister sands of people over three decades. His Without objection, it is so ordered. Ariel Sharon’s plan to withdraw from relationship with terrorists—and his Mr. LUGAR. At this point, in trying Gaza. It has also been helped by the direct role as the head of a state that to formulate for the benefit of the Sen- fact that the Labor Party has become sponsors terrorism and engaged in ter- ators the rest of the program, how part of the coalition government, rorist operations—contributed to death much time remains on both sides of the thereby giving Ariel Sharon more flexi- and destruction in Israel and else- aisle at this juncture? bility.

VerDate jul 14 2003 00:55 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.082 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S411 I was very pleased to hear her state- about, and that is what a new national invaluable adviser was well established ments before the Senate Foreign Rela- intelligence director, to coordinate the even then. She helped guide that ad- tions Committee in which she said: 14 or 15 different agencies is all about. ministration through the reunification I look forward to personally working with For my part, I will continue to fight of Germany, rebellion in the Balkans, the Palestinian and Israeli leaders, and for a principled foreign policy based and the collapse of the Soviet Union. bringing American diplomacy to bear on this not just on military strength but co- Her unshakable commitment to free- difficult but crucial issue. Peace can only operation, understanding, humility, dom, democracy, international peace come if all parties choose to do the difficult and a desire to seek multilateral solu- and justice are unquestioned. work and choose to meet their responsibil- tions to problems that indeed touch on Philip Zelikow, who served with Dr. ities. And the time for peace is now. many different nations. I want to see Rice on the National Security Council That is a quote from the next Sec- the United States reclaim the respect during this time, and is the Executive retary of State of the United States of and admiration of the world and once Director of the National Commission America, who has said that she will again be seen as a champion and a lead- on Terrorist Attacks, stated this: make a solution to the Palestinian- er of democracy, justice, and human She believes in empowering people. In Israeli struggle a major priority. That rights. I believe the best way to do this international affairs, that means real com- is a very important step and a very im- is by example, by listening and by un- mitment to liberty and freedom. She sees the portant statement. derstanding that America’s great message of her life as a message of how to re- Iran and North Korea’s nuclear weap- strength is not our military prowess alize a person’s potential. No one should ever ons programs pose serious risks for become the prisoner of other people’s expec- but our sense of justice, freedom, and tations. peace and stability in the Middle East, liberty. Dr. Rice returned to Stanford at the in Asia, and they have set back efforts Importantly, Dr. Rice has the trust close of the first Bush administration. to curb nuclear proliferation. Here, and confidence of the President of the In 1993, she became the first female and there is need for consistent and effec- United States and the world knows non-white provost in the university’s tive diplomacy, not to further isolate that she will have direct access to him. North Korea but rather to convince history. She was also the youngest. I believe this makes her a very power- My daughter, Lily, graduated from North Korean leadership that it is in ful Secretary of State. I believe she their country’s self-interest to cooper- Stanford in 2003, so I have a unique ap- will assume this office with a new di- preciation for Dr. Rice’s accomplish- ate in dismantling their nuclear pro- mension. To see this brilliant, young grams. ments. During her 6 years as provost, African-American woman represent our Dr. Rice succeeded in restoring Stan- I basically believe countries do what country’s national interests on the they perceive to be in their self-inter- ford’s financial position, and also en- world stage can bring about a new di- gaged in one of her passions—sports. est, not because we tell them to do mension of American foreign policy. So something, and I look forward to an A stalwart sports fan, Dr. Rice would clearly this is an asset. regularly be seen cheering the Stanford initiative to convince the North Ko- I did not expect this President of the rean leadership that it is indeed in Cardinals from the bleachers. I even United States to appoint anyone who saw her one day when Stanford beat their self-interest to rid themselves of seriously disagreed with him. The ques- a nuclear weapons program. UCLA—a terrible day. She was also tion really is, Is this woman com- seen working out with the Stanford In Russia, President Vladimir Putin petent? Is she able? Can she handle and has consolidated power and taken sev- football team. Dr. Rice is a role model, lead the enormous State Department? I especially for young women. During eral steps calling into question his believe the answer to those questions is commitment to democracy, human her time at Stanford she was loved by clearly yes. I also believe that she will undergraduates and appreciated by fac- rights, and the rule of law. Dr. Rice has be able to advocate a course and make a very strong background in Soviet and ulty members. changes and adjustments when and Dr. Rice has had a profound impact Russian affairs, and I believe this is where necessary, and enhance the abil- on students across our Nation. A polit- going to be a big help in charting fu- ity of the United States to restore lost ical science major at nearby Howard ture diplomatic efforts with President credibility among many nations and al- University put it best, saying: Putin. lies. Serious challenges deserve quality She has opened the door for not only Indeed, barring serious questions women but minorities in government and, leadership. I believe Dr. Rice has the about a nominee’s integrity and ability hopefully, she [will] be a role model for skill, the judgment, and the poise to to serve, a President deserves to have women and minorities to achieve high, im- take on these challenges and lead his selections confirmed. There is noth- portant positions in government. America’s foreign policy in the coming ing in Dr. Rice’s past performance to Dr. Rice is also capable of making years. suggest she is not capable of per- tough decisions. Up to this point she’s I understand that some of my col- forming the job as America’s chief dip- had mostly advisory roles in govern- leagues, many of them on my own side, lomat, having the responsibility to ment, and she has served in that capac- have serious concerns about Dr. Rice’s conduct America’s foreign policy. ity with honor, dignity and unwavering nomination, stating that she was a key There is every reason to believe that dedication. It is those qualities—and architect of U.S. foreign policy during she is up for this challenge. No one can her unsurpassed intellectual abilities— President Bush’s first term. Let me be be sure if she will succeed. that prompted Forbes magazine to clear, I believe the key architects were, I conclude by saying this: Only time name her the most powerful woman in in fact, the President, the Vice Presi- and events will tell if Dr. Rice will in- the world last year. I believe she is en- dent, and the Secretary of Defense. Ob- deed make a great Secretary of State. titled to that acclaim. viously, Dr. Rice offered advice and To be sure, her vision, thinking, and Dr. Rice is a balanced genius in her counsel as the President’s National Se- problem-solving skills will be tested. I own right. And, when the Senate con- curity Adviser, but remember, 78 Mem- believe she is a remarkable woman, firms her nomination to become Sec- bers of this body voted to authorize use and I look forward to working with her retary of State—as I believe it will and of force in Iraq based on the intel- as the next Secretary of State. should—she will be the boss. The Na- ligence which we received, which at the I yield the floor. tion could not be in better hands. Dr. time was compelling and chilling but The PRESIDING OFFICER. Under Rice has my complete support. I look which we now know was not credible the previous order, the Senator from forward to working with her in her new and was both bad and wrong. Alaska is recognized. role. Should Dr. Rice be blamed for wrong Mr. STEVENS. Mr. President, I rise I ask unanimous consent it be pos- and bad intelligence? I think not. That today in support of Dr. Condoleezza sible for me at this time to introduce is what intelligence reform was all Rice’s nomination for Secretary of S. 39. about. That is what improved oversight State. I first met Dr. Rice when she The PRESIDING OFFICER. Without over the intelligence community by served as the Soviet and East European objection, it is so ordered. the Intelligence Committees of both Affairs adviser during the first Bush (The remarks of Mr. STEVENS per- the House and the Senate is really all administration. Her reputation as an taining to the introduction of S. 39 are

VerDate jul 14 2003 00:55 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.085 S25PT1 S412 CONGRESSIONAL RECORD — SENATE January 25, 2005 located in today’s RECORD under of terror. Brent Scowcroft, a prede- bility, violence—demonstrating, I ‘‘Statements on Introduced Bills and cessor as National Security Adviser, think, less than adequate forces there Joint Resolutions.’’) pointed out in an editorial: in country to deal with these problems. The PRESIDING OFFICER. Under An attack on Iraq, at this time, would seri- It turns out that in March 2003 when the previous order, the Senator from ously jeopardize, if not destroy, the global a lieutenant colonel was briefing the Rhode Island is recognized. counterterrorist campaign we have under- issue of phase IV, the postoperation ac- Mr. REED. Mr. President, may I in- taken. tivities of our military forces, phase 4– quire how much time I have been allot- To this date I think it certainly has C, the chart was very simple. It said, ted? not advanced the policy we are actively ‘‘To Be Provided.’’ Again, I think this The PRESIDING OFFICER. The Sen- pursuing throughout the world. is a glaring error. If you are the Na- ator has 30 minutes. She suggested on several occasions tional Security Adviser, you have to be Mr. REED. Mr. President, I rise there are strong links between al-Qaida able to assure the President of at least today to join my colleagues in dis- and Saddam Hussein. On March 9, 2003, a plan for every contingency, thorough, cussing the nomination of Dr. on ‘‘Face the Nation,’’ Dr. Rice de- adequate, with sufficient resources and Condoleezza Rice for Secretary of clared: sufficient troops. Since the success of State of the United States. I must con- Now the al-Qaeda is an organization that’s the military campaign, we have been, fess, after careful deliberation I intend quite disbursed, and quite widespread in its in my view, plagued by insufficient to oppose this nomination. effects, but it clearly has had links to the troops. Indeed, it was interesting to There is no doubt that Dr. Rice is an Iraqis, not to mention Iraqi links to all note that Ambassador Bremer, just extraordinarily talented, capable indi- kinds of other terrorists. last October, stated: vidual. Her credentials as an academic On ‘‘Meet the Press’’ on September We never had enough troops on the ground. are impeccable. She has a compelling 28, 2003, Dr. Rice said: This, I think, is a glaring mistake. It life story. She has done remarkable No one has said that there is evidence that might have been the decision of a prin- things in her life. But I believe the best Saddam Hussein directed or controlled 9/11, cipal to overrule their best advice, but way to judge what would be her per- but let’s be very clear, he had ties to al that is not the case she is making formance as Secretary of State is look- Qaeda, he had al Qaeda operatives who had today as she seeks this nomination for operated out of Baghdad. ing closely at what she has done as a Secretary of State. National Security Adviser under this That, in my view, is not accurately There is another troubling issue and Bush administration. I think in that reflecting what many other sources that, of course, is the one that received regard she leaves some very troubling subsequently confirmed, that, in fact, quite a bit of notoriety—the appear- questions unanswered as her nomina- any ties Saddam Hussein had with al- ance in the State of the Union speech tion comes before us this day. Qaida were very tenuous if they existed of a reference to Iraq attempting to Most of what she did with the Presi- at all. buy yellow cake from Africa even dent, obviously, as his National Secu- On June 27, 2003, the New York Times though weeks before that, many weeks rity Adviser, was confidential and nec- reported: before that, the CIA claimed that such essarily is not subject to public view. The chairman of the monitoring group ap- an assertion was unsubstantiated. But she has not, in my view, success- pointed by the UN Security Council to track In a July 2003 interview with Jim al Qaida told reporters that his team had fully responded to obvious questions Lehrer, Dr. Rice stated she either did found no evidence linking al Qaida to Sad- not see or could not remember reading about inconsistencies in her state- dam Hussein. ments, about policies she advocated, this CIA clearance memo. And 6 months later, the New York I would argue if a piece of informa- apparently, and about her role in mar- Times further reported: tion is going to be uttered by the Presi- shaling information for the President CIA interrogators have already elicited dent of the United States in a State of of the United States. In a very sim- from the top al Qaida officials in custody the Union speech dealing with the crit- plistic view, I think the National Secu- that, before the American-led invasion, ical issues of peace and war, of weapons rity Adviser’s chief role is to make Osama bin Laden had rejected entreaties of mass destruction, of the attempt of sure the President has every bit of in- from some of his lieutenants to work jointly one nation to obtain nuclear material formation he needs to make very dif- with Saddam. from another, that is a point of infor- ficult judgments—not just the informa- As far back as November 2002, Eu- mation that has to be of concern to the tion that favors one side or the other rope’s top investigator of terrorism National Security Adviser. but all the information. Indeed, not told the LA Times: She claims she delegated it to her just the bold strokes but the nuances. We have found no evidence of links be- deputy, Stephen Hadley. But still it is My sense is that this mission was not tween Iraq and al Qaeda. If there were such her responsibility. That was a adequately performed by Dr. Rice. links, we would have found them. But we misstatement—a misstatement that She has been a key figure in the Bush have found no serious connections whatso- had already been pointed out by the ever. foreign policy establishment going CIA before the President made such a back years when Governor Bush de- But what I think Dr. Rice did pub- statement before our colleagues in the cided to run for President. She is some- licly, and perhaps even within the con- State of the Union Address. one who is very close to the President. fines of the West Wing, is to make the The interesting point to make also is Again, I think she has to be judged on case for these links when the case was that Mr. Hadley now apparently has the result of that partnership. at least highly questionable. None of been selected to be the National Secu- One of the aspects that is troubling that questioning, none of that nuance rity Adviser even though if there was a to me is the fact that Dr. Rice has seemed to have been presented effec- mistake he apparently is the one who maintained that Iraq is the central tively to the President, certainly not is determined to be responsible—at arena in the war on terror, when, in effectively to the public. least in Dr. Rice’s recollection. fact, this is a global, international During her confirmation hearings, There is another issue, too. In Octo- threat to the United States and that, Dr. Rice asserted her belief, reiterated ber 2003, the White House announced in fact, it appears that Iraq was not the her belief on the topic of troop the creation of an ‘‘Iraq Stabilization global center, the central arena in this strength, that she believed that the Group,’’ recognizing that something war on terror. levels in Iraq were sufficient from the more had to be done to stabilize the She applied a doctrine of preemption beginning of the war up to and includ- situation. Dr. Rice was charged with which is applicable to terrorist cells, ing phase IV operations. Phase IV oper- leading this stabilization group. This but I believe she applied it incorrectly ations are those posthostility oper- group was designed to coordinate ac- in the case of Iraq—at least the admin- ations to stabilize the country. In her tivities there. She was in charge. There istration did, and she was the principal phrase she said that they were ‘‘ade- were four coordinating committees on architect or one of the principal archi- quately resourced.’’ counterterrorism, economic develop- tects of that policy. What we have discovered in the ment, political affairs, and creation of Many people expressed alternate months since the successful action clearer messages to the media both in views about the role of Iraq as a center leading to the fall of Saddam is insta- the United States and within Iraq.

VerDate jul 14 2003 00:55 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.087 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S413 There has been no product of this In effect, we are in danger of creating I think Dr. Rice’s nomination recog- committee, no apparent impact on pol- an echo chamber of foreign policy in nizes and represents a continuation of icy. It is a void in terms of what it has which one loud voice carries because it a policy which has us bogged down in done. Yet this was one of her major re- reverberates without check. That, I Iraq while Iran and North Korea con- sponsibilities. think, would be a very dangerous situa- tinue to advance their nuclear ambi- I think these are serious issues about tion. tions and while a diminished but still her stewardship of the very critical There are other areas of concern that dangerous al-Qaida continues to plot role as National Security Adviser and I have with respect to Dr. Rice’s nomi- against us. raises serious questions in my mind of nation. She has excellent access to the These facts—this strategic situa- her capacity to do differently as Sec- President. There are friends of hers tion—I believe requires if not a change retary of State. who say she and the President have a in direction at least a realistic reas- She also indicated many times that ‘‘mind meld.’’ sessment of where we are and how we prior to 9/11 the policy of the Bush ad- I guess they think alike. But being got there. ministration—and her advice by infer- Secretary of State or being any Cabi- Dr. Rice’s nomination does not ap- ence—was a strong focus on counter- net Secretary is not just having access, pear to give hope to this change in di- terrorism. Yet I understand Dr. Rice rapport, and a sense of what the boss rection or realistic reassessment. was scheduled to deliver a speech on wants; it is also having the ability and Therefore, I will vote against this nom- September 11 at Johns Hopkins in the interest to tell hard truths which ination. which she would indicate the corner- you know are not going to be accepted I yield the remainder of time. I sug- stone of the Bush foreign policy was well. That is something that is impor- gest the absence of a quorum. missile defense. tant. The PRESIDING OFFICER (Mr. Having served in this body during Again, I don’t know. It is hard to pre- CHAMBLISS). The clerk will call the that period of time, I can tell you the dict these things—whether she pos- roll. emphasis was on missile defense. It was sesses that kind of ability to tell some- The legislative clerk proceeded to not on counterterrorism. It was not on one whose mind is melded with hers call the roll. Mr. LUGAR. Mr. President, I ask the old-fashioned kind of boots on the that he is wrong, or she will even un- unanimous consent that the order for ground, intelligence, striking brigades. derstand where policy requires a dif- the quorum call be rescinded. It was a multibillion-dollar effort on ferent perspective. The PRESIDING OFFICER. Without As the New York Times editorial developing a national missile system. I objection, it is so ordered. think her speech scheduled for that day characterized her first term as Na- Mr. LUGAR. Mr. President, I ask the was emblematic of what the focus was. tional Security Adviser, according to distinguished Senator from Ohio be Also, before 9/11, the Bush adminis- their words: recognized. tration was preparing significant cuts She seemed to tell [President Bush] what The PRESIDING OFFICER. The Sen- in the counterterrorism program. he wanted to hear about the decisions he’s ator from Ohio. Those cuts were obviously obviated by already made, rather than what he needed to Mr. VOINOVICH. Mr. President, I the terrible attacks on New York on know to make sound judgments in the first place. rise today to join Chairman LUGAR and that dreadful day. other members of the Foreign Rela- That type of approach will not serve Richard Clarke, the counterterrorism tions Committee to express my strong a Secretary of State very well. expert in the Clinton administration, support for the nomination of She has also broken a longstanding sent an urgent memo to Dr. Rice di- Condoleezza Rice to serve as our next precedent recognized by preceding Na- rectly asking for a meeting of prin- Secretary of State. cipals about the impending attack by tional Security Advisers who refrain Dr. Rice has the qualifications, the al-Qaida. That was January 24, 2001— from partisan politics. She gave educational background, and profes- days after the President took office. speeches espousing the administra- sional experience to serve as an out- There was no meeting with her on such tion’s policy in key battleground standing Secretary of State. She is an topic until 1 week before 9/11. States of Ohio, Florida, and Pennsyl- academic expert of the former Soviet Internal Government documents vania beginning in May 2004. Her ac- Union, earning her doctorate before the show that the Clinton administration tions were sharply criticized by her age of 30, and rising to serve as provost officially prioritized counterterrorism predecessor, Zbigniew Brzezinski, Na- of Stanford University before turning as the ‘‘tier I’’ priority, but when the tional Security Adviser for President 40. Her experience as provost at Stan- Bush administration took office, top Carter. He stated that ‘‘the national ford University allowed her to have officials downgraded counterterrorism. security adviser is the custodian of the substantial management experience. Even Dr. Rice admitted, ‘‘We decided nation’s most sensitive national secu- In addition to her experience in aca- to take a different track.’’ rity secrets and should be seen as an demia, Dr. Rice is an experienced pro- There again, was the President given objective adviser to the President’’ and fessional in the national security the best advice? Was all the informa- not just another member of the polit- arena. She served as Director of Soviet tion marshaled so he could make good ical team. and Eastern European Affairs at the judgments? Were the people who had We have I think serious issues raised National Security Council under the viewpoints that might be inconsistent by this nomination. No one can deny administration of President George H. with the group think of the time al- her ability. But I think she has not W. Bush and most recently as the Na- lowed in? That is a special role of the successfully explained these inconsist- tional Security Adviser to President National Security Adviser, and a very encies of statements and these policy George W. Bush. difficult role. mistakes which I believe have seri- Dr. Rice brings a great deal of talent, These are a few of the issues which I ously eroded our position in the world. skill, and intellect to the table. As our think have to be considered with this She has, along with the President, country continues to confront global nomination. There are other issues, apparently espoused a unilateral policy challenges in Iraq, Afghanistan, and too. that has isolated many of our tradi- other parts of the world, it is essential The President, in my view, is basi- tional allies. It has us going it alone in our Secretary of State have the stat- cally replicating his inner circle now in Iraq at a huge cost. The President is ure, skill, and ability to help protect the broader context of the Cabinet. sending up to us a supplemental budget our national security interests and pro- This raises an issue that was identified of $80 billion. Today, the operations of- mote the President’s vision of freedom by John Prados, a senior fellow at the ficer for the U.S. Army indicated they and democracy abroad that he so elo- National Security Archive at George assume they will have over 100,000 quently communicated in his inaugural Washington University. What he said troops in Iraq not just this year but address. is: next year. That means—just doing the This Senator from Ohio shares the The administration is setting itself up for arithmetic—that we can expect an- President’s vision. This vision must be a very closed process of creating foreign pol- other $80 billion-plus bill next year, successful so our children and grand- icy. It’s going to eliminate consideration of and still we are in a difficult and con- children are able to live in a country wider points of view. fusing situation. free from the fear of terrorism.

VerDate jul 14 2003 00:55 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.089 S25PT1 S414 CONGRESSIONAL RECORD — SENATE January 25, 2005 During the last 4 years as National President wanted to move away from and security in Iraq and the greater Security Adviser, Dr. Rice has played a the ABM Treaty that he might nego- Middle East and other parts of the major role in the formulation of our tiate with Russia in a quid pro quo for world, I think it is an advantage to foreign policy, serving as a vital part of their backing off of the ABM if he have someone serving as Secretary of the administration’s effort to promote would back off from pushing for expan- State who has experience and has seen peace and democracy throughout the sion of NATO, particularly the three the pluses and minuses, and had the op- world. countries I mentioned. portunity to take away lessons Dr. Rice has a close relationship and President Bush made an outstanding learned. the confidence of the President which speech in Warsaw, Poland, and he made She has been there for 4 years. Even will serve her well as she assumes the clear his support for NATO enlarge- though some people do not want to position of Secretary of State at home ment. He remarked at that time: admit it, we have had some ups and and abroad. She is a good listener, an I believe the NATO membership for all of downs, and she has experienced those. I important trait for someone who is Europe’s democracies that seek it. would rather have somebody who has going to be this country’s chief dip- President Bush went on to say: been there and experienced these lomat. I know this from contacts with As we plan to enlarge NATO, no nation things as Secretary of State than bring her over the years. I had the pleasure should be used as a pawn in the agenda of in some fresh face that has not had of knowing Dr. Rice since joining then others. We will not create away the fate of that experience. I am sure Dr. Rice has Governor Bush as adviser during the free European peoples. learned some important lessons during 2000 Presidential elections. I found her The seven countries that went in— these last 4 years. ready and willing to work together on Slovenia, Slovakia, Bulgaria, Romania, I agree with the Cleveland Plain important issues, including United Estonia, Latvia, and Lithuania—all of Dealer, the largest newspaper in Ohio, States policy toward Southeast Eu- those people who have relatives in the which had an editorial titled, ‘‘A little rope, NATO enlargement, and efforts to United States should know it was respect, please: Dems should remove combat global anti-Semitism. Condoleezza Rice who worked with the petty obstacles to Rice’s confirmation, While working with Governor Bush President to prepare that speech so we but she owes senators much better an- on the campaign trail—and I will not made it very clear he supports the ex- swers as secretary of state.’’ forget in 2000 Dr. Rice knew of my pansion of NATO. And even though our I ask unanimous consent it be print- strong concerns with proposed legisla- relations have thawed with Russia ed in the RECORD. tion from two respected members of today, the fact of the matter is, we There being no objection, the mate- the Senate, Senator WARNER and Sen- have continued to have serious dif- rial was ordered to be printed in the ator BYRD, that would have forced the ferences of opinion with Russia. RECORD, as follows: new American President who was to be Again, her special expertise—Think A LITTLE RESPECT, PLEASE: DEMS SHOULD elected in 2000—at that stage of the about it. We are going to have a Sec- REMOVE PETTY OBSTACLES TO RICE’S CON- game we were not sure who would be retary of State who can ponimat po- FIRMATION, BUT SHE OWES SENATORS MUCH elected in 2000—they were going to russki. I think that is very important. BETTER ANSWERS AS SECRETARY OF STATE force that new President by July of the We have not had a Secretary of State That said, [Condoleezza Rice]’s perform- first year of his term to decide whether who is fluent in languages as is Dr. ance during nearly 11 hours of confirmation to remove United States troops from Rice. I think some people may not hearings before the Senate Foreign Relations Kosovo. She listened and became in- think that is important, but I will tell Committee last week was more than just dis- volved. you, it is important that people know appointing. It was alarming to see an official who played such a central role in crafting Ultimately, and I remember the de- she thinks enough of other languages U.S. Iraq policy turn vague and uncommuni- bate quite vividly, the provision was that she has become an expert in those cative when specific questions were asked. defeated with the help of then Presi- languages. Congress deserves fuller responses on critical dential candidate George W. Bush and Dr. Rice has also worked with me and matters such as the U.S. exit strategy, how with the help of then sitting President other colleagues of the Senate and the soon before adequate numbers of Iraqi secu- Clinton. House of Representatives to combat rity forces are trained and the overall ra- Now, nearly 5 years later I continue global anti-Semitism. We have made tionale for U.S. engagement in Iraq. to believe it is essential we remain en- important strides in this effort during Condoleezza Rice ought to make an accom- gaged in Southeast Europe, particu- the last several years, but there is still plished secretary of state for reasons that go well beyond having the president’s ear. She larly as we look to ensure peace and se- more to be done, particularly to estab- has the skills, interest and drive to reinvigo- curity in Kosovo following the violence lish a new office at the State Depart- rate U.S. diplomacy and repair severely that erupted last March. I know Dr. ment to monitor and combat anti-Sem- frayed international relations. Her commu- Rice will continue to work on matters itism. Dr. Rice has expressed her sup- nication abilities, personal warmth, work important to the stability of this part port for such action, which is called for ethic and knowledge, combined with the fer- of the world and I am confident she un- as part of the Global Anti-Semitism vor of her beliefs, could make her a national derstands how important it is for the Review Act, which the President signed treasure at a fateful moment when the Iraq United States to play a leadership role into law on October 16, 2004. war has tarnished American standing in the I am pleased that Dr. Rice appeared world. Her stated and obviously heartfelt in the Balkans. commitment to foreign engagement, public During her tenure as National Secu- receptive to attending the third OSCE diplomacy and more U.S. efforts to foster rity Adviser, I have worked with Dr. conference on anti-Semitism which is foreign-language study could inject needed Rice on other foreign policy priorities, scheduled to take place in Cordoba, fire and focus to the diplomatic arts, as prac- including efforts to bring seven new na- Spain this June. Her presence as Sec- ticed by America. tions into the NATO alliance, strength- retary of State of the United States at That’s why no one seriously opposes Rice’s ening a Europe that is whole, free, and this conference is essential, as was the nomination to be this country’s chief dip- at peace. Among these seven countries presence of Secretary Powell at the lomat, four heartbeats away from the presi- dency. were the Baltic nations of Lithuania, prior OSCE conference in Berlin, as an Democratic senators who are playing juve- Latvia, and Estonia—all countries I example of the concern of the United nile games by delaying her confirmation strongly believe deserve membership in States about the growing menace of should lift their objections, forthwith. NATO despite strong objections from anti-Semitism. I am confident, under It’s one thing to mount principled opposi- Russia. Again, Dr. Rice was willing to her leadership, this good work will con- tion to policies or people who could injure listen and to serve as an ear for the tinue, and I am hopeful we can take it American interests. It’s quite another to President. to an even greater level. throw monkey wrenches just to hear them I was pleased when the President I say that every one of us here, in one clank in the cogs. The handful of Democrats, made clear his support for NATO en- way or another, could be critical of de- including Sen. Robert Byrd of West Virginia, who are obstructing Rice’s moment must largement during a speech in Warsaw, cisions made in U.S. foreign policy. It stop, and vote her in. Poland, in June of 2001. At that time is easy to be a Monday-morning quar- That said, Rice’s performance during near- there were many people in this country terback. As we continue to move for- ly 11 hours of confirmation hearings before who were concerned that because the ward with efforts to promote stability the Senate Foreign Relations Committee

VerDate jul 14 2003 01:33 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.111 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S415 last week was more than just disappointing. Her communication abilities, personal ine. The person in that job has to be an It was alarming to see an official who played warmth— expert on everything from Albania to such a central role in crafting U.S. Iraq pol- Boy, she is a wonderful person. You Zimbabwe. Over the last 25 years, Dr. icy turn vague and uncommunicative when specific questions were asked. Congress de- feel good when you are around her. Rice has studied foreign policy in the serves fuller responses on critical matters [Her] work ethic and knowledge, combined academic world and lived foreign pol- such as the U.S. exit strategy, how soon be- with the fervor of her beliefs, could make icy in the trenches, and she is a master fore adequate numbers of Iraqi security her— of it in both theory and practice. forces are trained and the overall rationale Listen to this— In addition to being an expert, the for U.S. engagement in Iraq. a national treasure at a fateful moment These are the seminal questions the second Secretary of State also has to be some- George W. Bush administration must answer when the Iraq war has tarnished American thing of a salesman. It is not enough to today, not tomorrow. standing in the world. understand every detail of America’s Rice also must clear up the contradiction I am continuing to read from the edi- foreign policy; you also have to be able she herself put forth to the committee: She torial: to explain it to others who might be re- cannot be both a ‘‘good soldier’’ who molds Her stated and obviously heartfelt commit- luctant or even defiant; and then you every public statement to the president’s ment to foreign engagement, public diplo- message, and also a Cabinet member who have to convince them that joining in macy and more U.S. efforts to foster foreign- speaks her mind and answers Congress can- our work is the right thing to do. language study could inject needed fire and didly. Rice must choose to be the latter, Again, Dr. Rice possesses this ability focus to the diplomatic arts, as practiced by committing herself to the role that her pred- in abundance, and I cannot imagine America. ecessor and friend Colin Powell performed at anyone more qualified to be the face of State—offering her own voice on U.S. diplo- I think that is one wonderful edi- America in the world of diplomacy. macy, not simply an echo of the Oval Office torial in support of her nomination chorus. As if these two jobs were not enough, from Ohio’s largest newspaper, the the Secretary also has to manage an If Rice can find her voice—and use it push Cleveland Plain Dealer. blinkered State Department underlings to enormous Cabinet Department spread Dr. Rice has the experience, intellect, better understand both friends and rivals across the globe. Most of us have been and ability to serve our country well as abroad—these next four years could do much in many parts of the world where you Secretary of State. She is absolutely to dispel the international ill will and sus- are dealing with people in each one of picions aroused by the last four. If she can- qualified to have this job. I urge my these countries. These people are ex- not, she will be true neither to herself nor to colleagues to join me in supporting her perts, and you have to be more of an the trust that is about to be placed in her to nomination. expert than they are. Staying on top of manage this nation’s foreign relations. I would hope that many of our col- the day-to-day workings of the State Mr. VOINOVICH. The first quote is: leagues on the other side of the aisle Department would be enough for any [Dr. Rice]’s performance during nearly 11 who may have some questions will look three people, apart from the other jobs. hours of confirmation hearings before the beyond some of the things we have Senate Foreign Relations Committee last But Dr. Rice has proven her ability in heard from the other side of the aisle week was more than just disappointing. It this area as well, managing a giant re- and support her nomination so we send was alarming to see an official who played search university with great success. such a central role in crafting U.S. Iraq pol- a signal to the rest of the world that icy turn vague and uncommunicative when we have a Secretary of State who has Of course, Dr. Rice will face many specific questions were asked. the overwhelming support of the Sen- challenges as Secretary of State: the Congress deserves fuller responses on crit- ate. It is so important, I think, to her ongoing military action in Iraq and Af- ical matters such as U.S. exit strategy, how ghanistan, our efforts to rebuild those soon before adequate numbers of Iraqi secu- success as our Secretary of State. I yield the floor. countries as we continue to share the rity forces are trained and the overall ra- joys of freedom, the relationships with tionale for U.S. engagement in Iraq. The PRESIDING OFFICER. Who seeks time? our allies that have been strained in re- I share some of those concerns, and cent years, and of course the threat of so do lots of other members of the For- The Senator from Oklahoma. Mr. INHOFE. Mr. President, first let ideological hatred that we know all too eign Relations Committee. I think the well. administration has not been as candid me say to the Senator from Ohio, Mr. Dr. Rice will also have to rally our and forthright with us during the last VOINOVICH, I have always considered couple of years in regard to some of the him to be the expert on the Balkans, allies and coordinate their support to questions I and other members of the and it is interesting that he would carry out the global war on terrorism. Foreign Relations Committee have make the comments about Dr. Rice and But Dr. Rice has both the experience asked. I want to make it clear publicly her knowledge of that area. At the con- and the vision to chart America’s that I expect more candor from this ad- clusion of my remarks, I am going to course in the international commu- ministration during the next 4 years, be talking a little bit about West Afri- nity. The path ahead of us is clear. It is particularly with members on the For- ca, an area in which I have had a lot of a path that Dr. Rice knows, believes in, eign Relations Committee, so we can personal experience. There again, she is and can articulate better than anyone maintain a bipartisan foreign policy. an expert. else. I have no doubt she will continue We have some good people on the For- We are presented with an extraor- the great tradition of American diplo- eign Relations Committee. There are dinary opportunity to confirm as Sec- macy with honor, confidence, and the some Democrats who have been very retary of State a truly remarkable utmost dedication. supportive of the President during the American. Dr. Condoleezza Rice is no Dr. Rice has faced some intense ques- last several years, and some of them, I stranger to the international scene. tioning during the nomination. I have think, are frustrated that they do not Her long record of accomplishments is been very proud of her. One of the char- feel they are getting the kind of an- well known to all of us, and her record acteristics of Dr. Rice is that she swers they should be getting. I think of exemplary service to this country is knows she can stand up against any- that is something Dr. Rice has to un- without parallel. one. We have seen this. We have seen it derstand if we are going to have this As President Bush’s National Secu- over and over again on television. I bipartisan foreign policy that is so es- rity Adviser, Dr. Rice has played a said in one of the shows not too long sential to us moving forward to do vital role in protecting our Nation both ago one of her great characteristics is, what the President would like to ac- here and abroad, while providing the she cannot be intimidated. Quite frank- complish. President with everything he needed to ly, there are a lot of Senators who That being said, I agree with the know to defend the American people don’t like someone they can’t intimi- Plain Dealer which also said in that and advance the cause of freedom. Her date, but she cannot be intimidated. I editorial: experience, along with her prior knowl- was very proud of her during the proc- Condoleezza Rice ought to make an accom- edge, makes Condoleezza Rice the ideal ess that I was able to watch mostly on plished secretary of state for reasons that go Secretary of State for these difficult television. I know Dr. Rice will acquit well beyond having the president’s ear. She has the skills, interest and drive to re- times. herself well, as she has thus far. invigorate U.S. Diplomacy and repair se- Being the Secretary of State has to Last week President Bush laid out verely frayed international relations. be one of the toughest jobs I can imag- his vision. He said:

VerDate jul 14 2003 01:33 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.028 S25PT1 S416 CONGRESSIONAL RECORD — SENATE January 25, 2005 It is the policy of the United States to seek (See exhibit 1.) political vacuum has proved insufficient. If and support the growth of democratic move- Mr. INHOFE. One of the great experi- we cannot carry out both the political and ments and institutions in every nation and ences I had in my career on the Hill military tasks, we will not be able to accom- culture, with the ultimate goal of ending was when I was in the other body. It plish either. tyranny in our world. But what is such a government? Optimists was about a year before former Presi- and idealists posit that a full panoply of Dr. Rice helped formulate this vision dent Nixon died. No matter what you for our foreign policy, and she knows Western democratic institutions can be cre- think of former President Nixon, I ated in a time frame the American political how to make it happen. don’t think there is anyone who won’t process will sustain. Reality is likely to dis- Senator VOINOVICH was talking about tell you that he was the most knowl- appoint these expectations. Iraq is a society the Balkans. I have had the oppor- edgeable person on foreign affairs of riven by centuries of religious and ethnic tunity over the last 8 years to spend a anyone of his time. He came before the conflicts; it has little or no experience with great deal of time in West Africa. I representative institutions. The challenge is House of Representatives where I was to define political objectives that, even when have to say that 4 years ago last 1 month, I was the first visitor Dr. Rice serving at the time and gave a 2 ⁄2 hour falling short of the maximum goal, neverthe- had in the White House. As she was un- talk. He didn’t use any notes. He stood less represent significant progress and enlist packing her things, I told her about up there, stood erect at his age and his support across the various ethnic groups. health condition, and he took us for 21⁄2 The elections of Jan. 30 should therefore be things we were dealing with in coun- interpreted as the indispensable first phase tries such as Benin, Cote d’Ivoire, hours all the way around the world, every remote country there was, and of a political evolution from military occu- Ghana, Nigeria, Congo Brazzaville, pation to political legitimacy. Congo Kinshasa, Gabon. Each country I talked about the history of that coun- Optimists also argue that, since the Shi- brought up to her, she knew the his- try, the history of our relationship to ites make up about 60 percent of the popu- tory of that country, the individuals that country, what our relationship lation and the Kurds 15 to 20 percent, and and problems that are there and how would be and should be with those since neither wants Sunni domination, a we must deal with the problems. I can’t countries. I don’t think there is anyone democratic majority exists almost automati- who can do that today other than the cally. In that view, the Iraqi Shiite leaders think of anyone who is even similarly have come to appreciate the benefits of de- equipped for this job unless we go back nominee we are talking about today in Dr. Condoleezza Rice. I have seen her mocratization and the secular state by wit- to Henry Kissinger. nessing the consequences of their absence There was an editorial in the Wash- do the same thing. We are blessed to under the Shiite theocracy in neighboring ington Post this morning by Henry have her as our nominee for Secretary Iran. Kissinger and George Shultz. People of State. I am certainly looking for- A pluralistic, Shiite-led society would in- are struggling to try to find reasons ward to serving with her. deed be a happy outcome. But we must take that she should not be confirmed. I yield the floor. care not to base policy on the wish becoming EXHIBIT 1 father to the thought. If a democratic proc- Those reasons all seem to boil down to ess is to unify Iraq peacefully, a great deal [From the Washington Post, Jan. 25, 2005] one of the argument on weapons of depends on how the Shiite majority defines mass destruction. Why is it that she RESULTS, NOT TIMETABLES, MATTER IN IRAQ majority rule. thought there were weapons of mass (By Henry A. Kissinger and George P. So far the subtle Shiite leaders, hardened destruction? That was answered so Shultz) by having survived decades of Saddam Hus- articulately by Senator JOHN WARNER The debate on Iraq is taking a new turn. sein’s tyranny, have been ambiguous about a few minutes ago on the floor when he The Iraqi elections scheduled for Jan. 30, their goals. They have insisted on early elec- tions—indeed, the date of Jan. 30 was estab- read the quotations of former Presi- only recently viewed as a culmination, are described as inaugurating a civil war. The lished on the basis of a near-ultimatum by dent Bill Clinton as well as Senator timing and the voting arrangements have be- the most eminent Shiite leader, Grand Aya- JOHN KERRY when they said: there are come controversial. All this is a way of fore- tollah Ali Sistani. The Shiites have also weapons of mass destruction. We have shadowing a demand for an exit strategy, by urged voting procedures based on national to go in and take out Saddam Hussein. which many critics mean some sort of ex- candidate lists, which work against federal And so everybody knows that was the plicit time limit on the U.S. effort. and regional political institutions. Recent prevailing wisdom and it was accurate. We reject this counsel. The implications of Shiite pronouncements have affirmed the There were weapons of mass destruc- the term ‘‘exit strategy’’ must be clearly un- goal of a secular state but have left open the derstood; there can be no fudging of con- interpretation of majority rule. An absolut- tion. Anyway, that argument has been sequences. The essential prerequisite for an ist application of majority rule would make diffused. acceptable exit strategy is a sustainable out- it difficult to achieve political legitimacy. They are going to say, we want to come, not an arbitrary time limit. For the The Kurdish minority and the Sunni portion know a timetable as to when our outcome in Iraq will shape the next decade of of the country would be in permanent oppo- troops are going to come out. That is American foreign policy. A debacle would sition. what this article was about this morn- usher in a series of convulsions in the region Western democracy developed in homo- ing. It was an editorial by Kissinger as radicals and fundamentalists moved for geneous societies; minorities found majority and George Shultz. And they talk dominance, with the wind seemingly at their rule acceptable because they had a prospect of becoming majorities, and majorities were about it. I will read part of one para- backs. Wherever there are significant Mus- lim populations, radical elements would be restrained in the exercise of their power by graph: emboldened. As the rest of the world related their temporary status and by judicially en- An exit strategy based on performance, not to this reality, its sense of direction would forced minority guarantees. Such an equa- artificial time limits, will judge progress by be impaired by the demonstration of Amer- tion does not operate where minority status the ability to produce positive answers to ican confusion in Iraq. A precipitate Amer- is permanently established by religious af- these questions. In the immediate future, a ican withdrawal would be almost certain to filiation and compounded by ethnic dif- significant portion of the anti-insurrection cause a civil war that would dwarf Yugo- ferences and decades of brutal dictatorship. effort will have to be carried out by the slavia’s, and it would be compounded as Majority rule in such circumstances is per- United States. A premature shift from com- neighbors escalated their current involve- ceived as an alternative version of the op- bat operations to training missions might ment into fullscale intervention. pression of the weak by the powerful. In create a gap that permits the insurrection to We owe it to ourselves to become clear multiethnic societies, minority rights must rally its potential. But as Iraqi forces in- about what post-election outcome is compat- be protected by structural and constitu- crease in number and capability, and as the ible with our values and global security. And tional safeguards. Federalism mitigates the political construction proceeds after the we owe it to the Iraqis to strive for an out- scope for potential arbitrariness of the nu- election, a realistic exit strategy will come that can further their capacity to merical majority and defines autonomy on a emerge. shape their future. specific range of issues. This is two people thought to be as The mechanical part of success is rel- The reaction to intransigent Sunni bru- knowledgeable as anyone else, cer- atively easy to define: establishment of a tality and the relative Shiite quiet must not tainly, one of those being Henry Kis- government considered sufficiently legiti- tempt us into identifying Iraqi legitimacy mate by the Iraqi people to permit recruit- with unchecked Shiite rule. The American singer. ment of an army able and willing to defend experience with Shiite theocracy in Iran I ask unanimous consent to print its institutions. That goal cannot be expe- since 1979 does not inspire confidence in our this editorial at the conclusion of my dited by an arbitrary deadline that would be, ability to forecast Shiite evolution or the remarks. above all, likely to confuse both ally and ad- prospects of a Shiite-dominated bloc extend- The PRESIDING OFFICER. Without versary. The political and military efforts ing to the Mediterranean. A thoughtful objection, it is so ordered. cannot be separated. Training an army in a American policy will not mortgage itself to

VerDate jul 14 2003 01:33 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.116 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S417 one side in a religious conflict fervently con- munication routes (defined as reducing vio- tance of U.S. leadership in promoting ducted for 1,000 years. lence to historical criminal levels)? This it. Dr. Rice, like the President, under- The Constituent Assembly emerging from would be in accordance with the maxim that stands this vital U.S. role. As she stat- the elections will be sovereign to some ex- complete security in 70 percent of the coun- tent. But the United States’ continuing le- try is better than 70 percent security in 100 ed in her testimony to the Senate For- verage should be focused on four key objec- percent of the country—because fully secure eign Relations Committee on January tives: (1) to prevent any group from using areas can be models and magnets for those 18: the political process to establish the kind of who are suffering in insecure places. Do we We must use American diplomacy to help dominance previously enjoyed by the Sunnis; have a policy for eliminating the sanctuaries create a balance of power in the world that (2) to prevent any areas from slipping into in Syria and Iran from which the enemy can favors freedom. . . . One of history’s clearest Taliban conditions as havens and recruit- be instructed, supplied, and given refuge and lessons is that America is safer, and the ment centers for terrorists; (3) to keep Shiite time to regroup? Are we designing a policy world is more secure, whenever and wherever government from turning into a theocracy, that can produce results for the people and freedom prevails. Iranian or indigenous; (4) to leave scope for prevent civil strife for control of the State Dr. Rice continued in her statement regional autonomy within the Iraqi demo- and its oil revenue? Are we maintaining cratic process. American public support so that staged to discuss the ‘‘three great tasks’’ of The United States has every interest in surges of extreme violence do not break do- American diplomacy, one of which is to conducting a dialogue with all parties to en- mestic public confidence at a time when the spread freedom and democracy courage the emergence of a secular leader- enemy may, in fact, be on the verge of fail- throughout the world. She noted that, ship of nationalists and regional representa- ure? And are we gaining international under- ‘‘No less than were the last decades of tives. The outcome of constitution-building standing and willingness to play a construc- the 20th century, the first decades of should be a federation, with an emphasis on tive role in what is a global threat to peace this new century can be an era of lib- regional autonomy. Any group pushing its and security? claims beyond these limits should be brought An exit strategy based on performance, not erty. And we in America must do ev- to understand the consequences of a breakup artificial time limits, will judge progress by erything we can to make it so.’’ of the Iraqi state into its constituent ele- the ability to produce positive answers to The administration’s actions in its ments, including an Iranian-dominated these questions. In the immediate future, a first term—including the removal of south, an Islamist-Hussein Sunni center and significant portion of the antiinsurrection Saddam’s regime in Iraq—adhered invasion of the Kurdish region by its neigh- effort will have to be carried out by the closely to the principles articulated by bors. United States. A premature shift from com- Dr. Rice in her testimony, stated by A calibrated American policy would seek bat operations to training missions might the President in his inaugural address, to split that part of the Sunni community create a gap that permits the insurrection to eager to conduct a normal life from the part rally its potential. But as Iraqi forces in- and those on which our great Nation that is fighting to reestablish Sunni control. crease in number and capability, and as the was founded. Life, liberty, and the pur- The United States needs to continue building political construction proceeds after the suit of happiness are the inalienable an Iraqi army, which, under conditions of election, a realistic exit strategy will rights of every person, not a select few. Sunni insurrection, will be increasingly com- emerge. And when we are able to transform posed of Shiite recruits—producing an There is no magic formula for a quick, what Natan Sharansky calls ‘‘fear soci- unwinnable situation for the Sunni non-catastrophic exit. But there is an obliga- eties’’ into free ones, we will not only rejectionists. But it should not cross the line tion to do our utmost to bring about an out- into replacing Sunni dictatorship with Shiite come that will mark a major step forward in do a service to those who are the direct theocracy. It is a fine line, but the success of the war against terrorism, in the trans- beneficiaries of our actions, we will Iraq policy may depend on the ability to formation of the Middle East and toward a also cultivate an environment in which walk it. more peaceful and democratic world order. a lasting peace is attainable. The legitimacy of the political institutions Mr. KYL. I rise today in strong sup- President Bush wants Dr. Rice to emerging in Iraq depends significantly on port of the nomination of Dr. serve in his Cabinet as the Secretary of international acceptance of the new govern- Condoleezza Rice to be the Secretary of State. Dr. Rice has served this country ment. An international contact group should ably and honorably for many years. be formed to advise on the political and eco- State. nomic reconstruction of Iraq. Such a step Dr. Rice has a distinguished, 25-year This body should act quickly to con- would be a gesture of confident leadership, foreign policy career and has served firm her to this new position. especially as America’s security and finan- three Presidents. Over the past 4 years, Mr. BURNS. Mr. President, I support cial contributions will remain pivotal. Our she has worked closely with the Presi- the nomination of Condoleezza Rice to European allies must not shame themselves dent, as his National Security Advisor, be our next Secretary of State. She and the traditional alliance by continuing to to develop and implement a broad will replace a great patriot and a man stand aloof from even a political process range of foreign policy initiatives— I call my friend, Secretary of State that, whatever their view of recent history, Colin Powell, who has served over the will affect their future even more than ours. among them, the Broader Middle East Nor should we treat countries such as India Initiative, the liberation of Afghani- past 4 years with decency, strength and and Russia, with their large Muslim popu- stan from the brutal Taliban regime, selflessness. While I am sad to see him lations, as spectators to outcomes on which the liberation of the Iraqi people from go, I look forward to working with their domestic stability may well depend. decades of tyranny under Saddam Hus- Condoleezza Rice in her new capacity Desirable political objectives will remain sein, the signing of the Moscow Treaty and know she will serve tirelessly and theoretical until adequate security is estab- with Russia, the six-party talks with thoughtfully in the challenges ahead. lished in Iraq. In an atmosphere of political As President Bush’s national secu- assassination, wholesale murder and brig- North Korea, and the Millennium Chal- andage, when the road from Baghdad to its lenge Account, just to name a few. rity adviser, Condoleezza Rice was in- international airport is the scene of daily I must say that I was highly dis- strumental in developing the nation’s terrorist or criminal incidents, no govern- appointed that this body did not vote response to September 11th. Ms. Rice ment will long be able to sustain public con- on Dr. Rice’s nomination last week be- understands as good as, or better than fidence. Training, equipping and motivating cause of the objections of a few Mem- anyone, the global political forces at effective Iraqi armed forces is a precondition bers. Policy disagreements are one work. Her great intellect and sound to all the other efforts. Yet no matter how thing; personal attacks are quite an- judgment will lend themselves well to well trained and equipped, that army will other. Our country is at war. We need the office—one which is America’s face not fight except for a government in which it has confidence. This vicious circle needs to a Secretary of State who will be able to to the world. be broken. speak on behalf of the President and She has served our country well in It is axiomatic that guerrillas win if they who will be able to tend to America’s the past, and I have full confidence in do not lose. And in Iraq the guerrillas are fragile alliances. There is no better Condoleezza Rice’s abilities as Sec- not losing, at least not in the Sunni region, person for that job. retary of State. I urge my colleagues to at least not visibly. A successful strategy Unfortunately, Dr. Rice was unable quickly move to a vote on her nomina- needs to answer these questions: Are we wag- to attend the swearing-in of Ukraine’s tion and approve Ms. Rice as our next ing ‘‘one war’’ in which military and polit- new democratically elected President, Secretary of State. ical efforts are mutually reinforcing? Are the institutions guiding and monitoring Victor Yushchenko. This event, which Mr. HATCH. Mr. President, I stand these tasks sufficiently coordinated? Is our took place over the weekend, is one of today to give my strong support for strategic goal to achieve complete security the shining examples of the unmistak- President Bush’s choice to be our next in at least some key towns and major com- able power of freedom and the impor- Secretary of State, Dr. Condoleeza

VerDate jul 14 2003 01:33 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.034 S25PT1 S418 CONGRESSIONAL RECORD — SENATE January 25, 2005 Rice. I believe that Dr. Rice will be a amidst great insecurity but with even tionales for war, the flaws in intel- superb diplomat to lead the State De- greater resolve, will go to vote to ligence and the faults in rhetoric. I be- partment, while remaining one of the choose their National Assembly, one lieve Republicans have been quite can- President’s principal confidantes and that will write a constitution and set did and forthright about doing so. The advisers on the challenges to our na- the next elections. Depending on which chairmen and chairwoman of the Sen- tional security that we will face in the polls you see, between 67 percent and 84 ate Armed Services, Foreign Relations, difficult years before us. Indeed, not percent of the Iraqi people want this Intelligence and Government Affairs since President Nixon nominated his opportunity to vote this coming Sun- and Homeland Security Committees National Security Advisor, Dr. Henry day, despite the perils many face every have all had hearings, conducted inves- Kissinger, to the same post, has an ad- day. To see the ideology they are so re- tigations and released reports critical ministration seen the same continuity soundingly rejecting, I direct my col- in various degrees of the conduct and in assigning a key foreign policy advi- leagues to the long statement by Abu implementation of various administra- sor to the more public role of principal al-Zarqawi released 4 days ago. It is a tion policies. That is as it should be, diplomat. statement of extremist, Islamic fas- and, for most of us, and certainly for I was pleased that Chairman LUGAR cism: In the most explicit manner pos- me, it does not detract from our sup- and Ranking Minority Member BIDEN sible, for 9 pages, it lists all the reasons port for the administration’s foreign expeditiously moved Dr. Rice’s nomi- why the Islamic fascists reject democ- policy at a critical time in this Na- nation out of their committee last racy, declaring ‘‘fierce war on this ma- tion’s history. week. I am disappointed that we could licious ideology’’ democracy. That is Partisan critics of this administra- not hold this vote last week. At a time what we are against. And that is what tion have perpetuated about its foreign when this Nation is at war, procedural the majority of the Iraqi people utterly policy a myth that has morphed into a delays on a position as important as reject. And I believe that America’s in- meme: And that is that this adminis- the Secretary of State would appear to terest—once again—is to stand against tration has failed at diplomacy. This inhibit the conduct of our foreign pol- the fascists who have declared war on specious belief that diplomacy can neu- icy and would have been of great con- democracy. tralize the dangers and the threats to cern to me and my constituents in We are well aware of Dr. Rice’s re- the international community is puz- Utah, where the sense of fair play is sume and experience. Her academic zling to me. It is a variant of a theme strong, but the duty to a Nation at war credentials are remarkable, and her in American foreign policy, deriving is even stronger. professional experience extensive. She from the Wilsonian belief that a Yes, I certainly recognize the prerog- was a senior professional at the Na- League of Nations to which we submit atives of the Senate for thorough and tional Security Council under the first our sovereign responsibilities can pre- critical debate. I will listen carefully President Bush, where she worked on vent conflict. I, and Dr. Rice, do not to the debate today and tomorrow and Soviet affairs and was directly in- subscribe to this view, so overwhelm- see if I hear anything that is worthy of volved in our policy of supporting a ingly proved wanting into the histor- delaying this important nomination so peaceful reunification of Germany at ical laboratory that was the 20th cen- critical to the national security efforts the end of the Cold War. I believe that tury. of the administration. I will listen for the successful reunification of Ger- And yet this meme parroted so often arguments I have not heard before, on many was the most successful aspect of by many in the Democratic party— that this administration has not con- the Senate floor or the campaign trail, the first President Bush’s foreign pol- ducted a robust diplomacy—is false, and I will be open to all the insights icy, often overlooked because of all of simply false. No President more regu- that come from arguments never made the tumult during those crucial years larly addressed the General Assembly before, and relevant to this nomina- when Soviet communism collapsed. Dr. in the history of the United Nations tion. But I know that I represent the Rice’s involvement in that policy at that crucial time in Europe’s history than did the current President Bush. vast majority of all Utahns when I say He spoke honestly and, to me, compel- demonstrates her experience at shep- that confirming a President’s Sec- lingly about that body’s many herding a critical transition between retary of State while we are at war, trounced-upon resolutions. He cajoled an authoritarian model and a demo- while the President is preparing an ag- and he listened and he waited, but at cratic one. While one should not analo- gressive diplomacy that will begin with no time did this President suggest that a trip to Europe to meet with key al- gize between German reunification and the United Nations or any ally would lies next month, is a matter the Senate Iraq’s transition today, one can look at be in a position to veto the actions we should take expeditiously. Dr. Rice’s experience and understand deemed necessary to protect our na- We are at war, in Iraq and around the why the current President Bush chose tional security. No President would world. Utah’s sons and daughters are her first to be his National Security ever do so. paying the price, nobly and selflessly Adviser during her first term and now And while we failed to get Security sacrificing for their duty, and in too has the confidence to make her Amer- Council support for our invasion of Iraq many cases, with their lives. ica’s top diplomat. as President Clinton failed before he For those who wish to debate Iraq In the last 4 years Dr. Rice has been belatedly led the attack on Serbia over policy—and I am the first to recognize at the center of this administration’s Kosovo—this President leads a global that spirited and substantive debate is foreign policy. That that policy was a war on terrorism where most of the na- essential for these grave matters—we target of legitimate criticism during tions of the world are cooperating with have all the opportunities to do so be- the past presidential campaign, as well us, in one form or another, through in- fore us, and we should avail ourselves as during the last 2 days of hearings be- telligence sharing, law enforcement co- of these opportunities. Many today fore the Senate Foreign Relations operation, or any of a number of multi- may use the confirmation process of Committee, is to be expected. The can- lateral initiatives. Disagree with the Dr. Rice to criticize or review Iraq pol- didates presented their distinctively President’s foreign policy if you wish, icy. We should confirm Dr. Rice and different worldviews throughout last criticize, if you must, but do not sug- then continue to debate this subject, as year’s campaign, during a difficult war gest that such a global effort can occur we have done so over the past years. that rages still, and the public made its without sustained and successful diplo- Because I wish a speedy confirmation choice. macy. for Dr. Rice, I will keep my comments In the United States Senate, it is our Credit for the diplomacy for the first about Iraq to a minimum. My state- responsibility to debate, honestly, can- term of this administration must go to ments of support for the President’s didly and critically, all aspects of our those who formulated the policy, the policies and my arguments for that Nation’s foreign policy. My only admo- President and Dr. Rice and the rest of support are a matter of record. I will nition to my colleagues is that this de- the national security team, and to the add to that record in the coming bate be constructive, that it illuminate man who led the State Department, weeks, months and years. rather calumniate, and that, when in Secretary Colin Powell. To this day, For now, I will leave it to this obser- disagreement, it provide alternatives. the standard for dignity and gracious- vation. This Sunday the Iraqi people, Yes, it is legitimate to review the ra- ness has been set by Secretary Powell,

VerDate jul 14 2003 01:33 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.127 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S419 who once again took the call from his the value of culture of lawfulness pro- dare say there are few people in this country and served it with honor, dili- grams. These programs use education Nation’s history who would make both gence and character. Secretary Powell ministries to advance core primary and an excellent Secretary of State and an assembled a strong team at the Depart- secondary curricula on anticorruption excellent commissioner of the National ment, and he represented this Nation lessons. It is impossible to advance the Football League. I am sure Dr. Rice, in in a way that made every one of us rule of law, which is a fundamental keeping with her stated aspirations, proud. Dr. Rice knows that, as she as- goal of bringing stability in regions we will fill both roles with dedication, in- sumes this important position, she fol- cannot afford to lose to anarchy or tellect, and passion in due time. lows a decent and serious diplomat and criminality, without the local popu- Yet the reaction to this nomination, a dedicated servant. I have no doubt lation learning the value of clean gov- which you would think would be a that she will meet the standard. ernment. We have seen success with cause for great celebration, given the Dr. Rice will assume the responsi- such programs in Italy, Mexico, Colom- historic nature of this particular ap- bility of Secretary of State while we bia and other countries, and yet I have pointment, is also sadly predictable. are at war, with global terrorism and seen no enthusiasm from the State De- For example, it is a shame to think with an insurgency in Iraq that every partment in making these programs an that with the overwhelming voice of day puts in stark contrast the darkness essential aspect of all our foreign as- the people so recently expressed in the of the past dictatorship against the sistance planning. Perhaps that is be- recent national elections and with the light of a hopeful democracy. These cause these programs are so inexpen- 109th Congress just having begun, with next 2 years, I expect, will be some of sive, and there is still the bias against the President having been sworn in last the most difficult years in this Na- programs that don’t require billions of week, with early pledges of bipartisan- tion’s foreign policy. We will continue taxpayer funds; perhaps the Depart- ship and working together in the best to need the experience and wisdom of ment does not yet understand the po- interest of the American people, we are Dr. Rice as she serves this administra- tential for these programs, despite the yet again already seeing the specter of tion in a new role. clear affirmation of the Undersecretary partisan politics being brought to bear That role, as the Secretary of State, of State for Global Affairs, who has on this nomination. will have outstanding challenges. Dr. spoken eloquently in favor of such pro- Of course, the Senate does have a Rice will need to advance further co- grams. I am heartened by Dr. Rice’s very important role in the confirma- operation of a multinational coalition testimony before the Senate Foreign tion process known as advice and con- in the war on terrorism; she will have Relations Committee last week, she as- sent. No one is questioning the right of to renew a push for more international serted that ‘‘we are joining with devel- any Senator, indeed the duty of every support for a more effective political oping nations to fight corruption, in- Senator, to ask hard questions and to and economic reconstruction of Iraq; still the rule of law, and create a cul- determine to the best of their ability she will need to strengthen U.S. sup- ture of transparency.’’ She has my sup- the qualifications of a nominee to port for counterproliferation initia- port, and I am going to ask Dr. Rice to serve in the office to which the Presi- tives in Europe and Asia; and she will study the experience and potential of dent has chosen to appoint them. But need to maintain U.S. leadership in the these culture of lawfulness programs there is a difference between exercising fight against poverty and disease. She and work with me and other Members the role of advice and consent and the can count on me for support as she as- of Congress to integrate them into our line that seems to have been crossed sumes these huge and historic respon- foreign assistance plans. with impunity when it comes to the at- sibilities. I will work with Dr. Rice in every tacks we have seen on some of the In her testimony, Dr. Rice has con- way that I can to make her mission a President’s nominees. Condoleezza Rice ceded that our public diplomacy needs success. Because the mission of the De- just happens to be the one we are fo- serious reconsideration. Many cite on- partment of State is to work to man- cusing on today. We have seen much of going and growing dissatisfaction age conflicts so that they do not erupt the same vitriol and poison used to as- among international audiences regard- into violence and war. In a world where sassinate the character of people like ing the United States. I would caution we can not control so many factors be- Alberto Gonzales, another American Dr. Rice against overemphasizing this yond our shores, we need the very best success story, a personification of the reality as she redesigns our public di- diplomacy to be constantly working American dream. plomacy. The U.S. is a source of resent- our alliances, presenting our policies I would hope that no one in this body ment and disparagement among many and engaging those who would chal- would feel it necessary to bring all the audiences throughout the world, but lenge our security. Dr. Condoleeza Rice left-over angst of the campaign season many of those audiences are contami- has 25 years of experience in advancing to bear against a bright and honorable nated by the propaganda of their own the national security of this nation. nominee such as the one who is pres- autocratic regimes. Today, more peo- She has 4 years as the principal advisor ently before us. You may disagree with ple still want to immigrate to this to President Bush, as he has charted a Dr. Rice’s view of the world. You may country than any other nation in the foreign policy that has responded to take issue with some of her policy pref- world, and more people take inspira- global terror and taken on the most de- erences. But to impugn her motives or tion in the institutions that protect stabilizing regime in the Middle East. the integrity of a woman held in such and promote our freedoms, be it our She has the knowledge and character high esteem is a tactic that I believe is Constitution or our free press or our and experience of one who can lead this simply unacceptable and beneath the culture of openness. I have long been a country in our diplomacy around the dignity of this body. Yet we see this strong supporter of public diplomacy. world. Dr. Rice has my strong support. tactic clearly, again, in the attempt Today’s challenges are not only to The PRESIDING OFFICER. The Sen- to—first in the committee hearings, rebut the ever-growing sophistication ator from Texas. the Foreign Relations Committee, and of the biases and distortions that com- Mr. CORNYN. Mr. President, I appre- even on the floor of the Senate—try to pete in global media, but to continue ciate the remarks of the Senator from tie her actions to the tragic events at to find new ways to promote the Amer- Oklahoma. I, too, want to speak on the Abu Ghraib prison, the crimes that oc- ican message and the American story. confirmation of Condoleezza Rice to curred by a handful of individuals that The days of United States Information serve as Secretary of State. We are all simply crossed the line between human Service libraries are over, but cultural aware, because it has been the subject decency and criminality. They were exchange programs, in particular vis- of quite a bit of discussion and we have acts that violated U.S. policy and basic itor programs to this country, must seen her in action for the last 4 years human rights. They were disgusting ac- continue and, in my opinion, should at the White House and even before tions undertaken by sick individuals grow. I will help Dr. Rice in any way that, of Dr. Rice’s accomplishments. who are being investigated and being that I can to reinvigorate our public di- She is a woman of fantastic achieve- brought to justice—the most recent of plomacy. ment, a profoundly talented individual which, of course, was the conviction In the last few years, I believe the who has excelled at virtually every- and sentencing of Mr. Graner to 10 State Department has failed to grasp thing to which she has set her mind. I years in prison.

VerDate jul 14 2003 01:33 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.128 S25PT1 S420 CONGRESSIONAL RECORD — SENATE January 25, 2005 Now, my colleagues know well that who seek to harm America and those Democrat, Republican, or Independent. at no point has Dr. Rice ever sup- who threaten world peace and supply The truth is, we were all misled by this ported, condoned, or advocated such sanctuary to terrorists. erroneous intelligence, and rather than acts of torture or humiliation. I believe We also decided that it was in Amer- point the finger of blame where no to try to link her, through some vague ica’s self-interest to take the battle to blame is due, what we ought to be references, to these crimes is nothing the terrorists where they live, where about—and, indeed, what we have been more than a blatant attempt to score they plot, where they plan, and where doing—is correcting the reasons for political points, to somehow demean they train and build weapons—not to that failure and making sure that it her in her service, and to taint her wait until we are attacked again and never happens again. nomination. It should not be necessary where innocent civilians’ lives are lost Yet even though we did not find to raise these points, but I realize that and innocent blood is shed. The post- stockpiles of WMD, the bottom line is in politics, particularly in Washington, 9/11 reality is that America must this: This was not the only reason that a charge unanswered is too often a choose to fight this terrorist threat on Congress voted overwhelmingly to au- charge believed. their ground, or they will fight us on thorize the use of force against Saddam Let me just refer to a brief reference ours. Hussein. Indeed, there are numerous in the Schlesinger report—of course, This is not some grand conspiracy of other reasons set out in the resolution referring to the former Secretary of this current administration or any pol- that passed this Senate by over- Defense, who served on an independent icy which is really strange to history whelming margins. It is beyond debate commission with former Defense Sec- or unknown to history. It was in 1941, that Saddam continued to have the in- retary Harold Brown, who served in the after Pearl Harbor, when President tent to acquire WMD and there is little Carter administration, as well as a Franklin Delano Roosevelt said: doubt that but for our intervention and former distinguished Member of the If you hold your fire until you see the the fact that he was pulled from a spi- House of Representatives. They con- whites of their eyes, you will never know der hole and put in prison awaiting fu- cluded after their investigation—and what hit you. ture accountability at the hands of the this was just one of, I believe, eight in- That was Israel’s policy in 1981 when Iraqi people that he would have fully vestigations. There are three more that it knocked out Saddam’s Osirak nu- reconstituted his program just as soon are not yet completed. But this was the clear reactor. The fact that Israel con- as he was able. conclusion of the independent Schles- tinues to exist today was in part be- One does not have to take my word inger commission: cause its leaders had the wisdom and for it. Mr. Duelfer, who succeeded Mr. No approved procedures called for or al- courage to take on a growing threat by Kay, and was in charge of looking into lowed the kinds of abuse that in fact oc- the use of preemptive action—some- the possibility that Saddam had WMD, curred. There is no evidence of a policy of times called preventive self-defense— concluded in September 2004: abuse promulgated by senior officials or whenever it was necessary. Saddam wanted to recreate Iraq’s WMD ca- military authorities. No one wants to imagine what could pability—which was essentially destroyed in So to suggest, to hint, to imply that have happened if Iraq’s nuclear pro- 1991—after sanctions were removed and this nominee, or any senior officials in gram, which was well documented after Iraq’s economy stabilized. . . . the Bush administration has condoned Saddam invaded Kuwait in 1991, when Indeed, that has been the evidence we or adopted a policy that resulted in the we were surprised to learn after we re- learned in the oil-for-food scandal in criminal abuses that occurred at Abu pulsed that attack that Saddam’s nu- the United Nations, that Iraq would si- Ghraib is simply without foundation clear program was much further along phon off money to stabilize and support and any fact. Indeed, it is a scurrilous than our intelligence authorities had his failing economy, but his job, he allegation, and the American people previously thought. But no one wants thought, was to wait out the sanctions need to understand that. They also to imagine what would have happened in such a way that once the sanctions need to understand the motives why if Iraq had continued to develop its nu- were removed he would reconstitute such allegations are made. clear capability, or if they had been Iraq’s WMD capability. To somehow In addition to these inappropriate able to reconstitute their nuclear pro- point the finger of blame at this distin- partisan attacks against a nominee gram after we left Iraq in 1991. It was a guished nominee, where she, like all of who deserves our respect, there are a horrific possibility for America and the us, was given the erroneous reports handful of my colleagues who have rest of the world, and indeed a respon- from the intelligence community, is used this opportunity to roll out the sibility of the leaders of this country simply unjustified and unfounded and same tired, old arguments concerning and the free world to eliminate this indeed, in the end, it is revisionist his- the war on terror, and particularly Op- gathering threat. tory. eration Iraqi Freedom. We know that Ms. Rice has also been criticized for Lest this point be lost in the debate we are in the midst of a global war on the belief that Saddam had stockpiles and the fingerpointing, we are in Iraq terrorism. This is not just about Af- of weapons of mass destruction. But for our own good and for the good of ghanistan and Iraq. This is not just you know what? And the critics know the world, and I might add for the good about isolated incidents of terrorism. this. The truth is, virtually every in- of the Iraqi people. September 11 This is about a conflict that has been telligence service in the world believed taught us all a very important lesson, building for more than a decade and, that Saddam had these weapons of that security in the modern world de- indeed, will likely last a generation. mass destruction. Indeed, this was one pends on taking aggressive and focused Since America suffered an attack on of the premises for the Iraq Liberation action to prevent terrorist acts before our own soil in New York in 1993, we Act in 1998. It was for the authorization they occur, not just opening a criminal have been hit at our embassies in given to then-President Clinton to use investigation after innocent blood is Kenya and Tanzania; we have been hit necessary force to remove this threat. shed. at the Khobar Towers in Saudi Arabia; Our intelligence, though, as we all now We have marshaled the force of free- our Navy was hit at the USS Cole in know with the benefit of 20/20 hind- dom in this fight, one of the most pow- Yemen; of course, we had the attacks sight, proved to be incorrect—at least erful weapons that we have in our arse- of 9/11; and Bali, Madrid, and in Beslan. at the time that we entered Iraq—that nal, and indeed on this Sunday, as has The list goes on and on. Saddam had stockpiles of weapons of been recounted over and over again, In the aftermath of the attacks of mass destruction. Of course, we have the Iraqi people will make their first September 11, President Bush decided, been undertaking the necessary re- major step toward self-government as a with the authorization of Congress at forms both in this body and in the in- free Iraq. every turn, that if diplomacy would telligence community to stop that kind There are some who continue to not yield a pacified Saddam, that if the of intelligence failure from ever occur- argue that we did not have the right U.N. declined to enforce its own resolu- ring again. plan to deal with postwar Iraq. We tions requiring inspections and disar- The critics should not be allowed to have hashed that argument out a hun- mament, we would, when necessary, rewrite history. The fact is that no one dred times. Yes, hindsight is always 20/ use preemptive action against those party or person misled the rest of us— 20, and we did not know then what we

VerDate jul 14 2003 03:08 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.120 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S421 know now, but that is no real revela- Before this election season that just sent function and to ask hard questions tion. That really suggests, again, an- concluded, or I thought concluded on in good faith, there is a line that other failure of our intelligence-gath- November 2 but which seems to have should not be crossed, which I believe ering capability and particularly our continued now with attacks against has been crossed in the attacks made HUMINT, our human intelligence capa- the President’s nominees—those who against these nominees, including bility, which we are fixing. were unsuccessful in persuading the Condoleezza Rice. I point out that it serves no one’s in- American public of the correctness of One reason I believe that is true is terests, and certainly not the national their opinions on November 2—I never because of the evidence that I have in interest of this country or the interests thought I would hear anyone utter my hand. This is a solicitation, a fund- of the Iraqi people, to continue to try what I think is one of the most foolish raising solicitation sent out by the to point the finger of blame at past er- notions yet. And yet I have heard the Democratic Senatorial Campaign Com- rors, particularly in connection with suggestion made again and again in the mittee. our intelligence-gathering capability. context of Dr. Rice’s hearing. And it is I ask unanimous consent this be Indeed, even those who did not support the suggestion that Iraq today and the printed in the RECORD at the conclu- the resolution authorizing the use of world as a whole is worse off than it sion of my remarks. force must now concede that it is in was with Saddam Hussein in power. The PRESIDING OFFICER. Without our best interest not to have Iraq fail Have these people somehow missed objection, it is so ordered. and become perhaps a sanctuary for the fact that we found unspeakable (See exhibit 1.) terrorists. Even those who oppose this horrors in Saddam’s Iraq, torture cells, Mr. CORNYN. This is over the signa- war should acknowledge at this point rape rooms, execution chambers, chil- ture of Senator BARBARA BOXER, who that it is in our best interest for Iraq dren’s prisons. We found a legacy of has been one of the most acerbic critics to become a working democracy and to terror and fear and vestiges of un- of this nominee. But at the same time avoid strife and become a free and imaginable cruelty. We have found that she argues why this nominee should peaceful nation. more than 1 million people are simply not be confirmed, she ties this to fund- It is counterproductive, unless of missing; 300,000 are dead, lying in mass raising efforts by the Democratic Sen- course one’s purpose is merely partisan graves throughout Iraq in nearly 100 atorial Committee. politics, to dwell on the past at the ex- reported sites, including one that I per- She said in part: pense of our present duty and our plans sonally viewed a year ago last August. The Republicans were expecting the Senate for the future. It is time to focus on to confirm Dr. Rice with little debate and These mass graves are silent monu- questioning from the Foreign Relations what is our duty in Iraq, along with ments to Saddam’s ruthlessness left be- Committee. other nations, the coalition and the hind for all to see. I think we found that already not to Iraqi people, and that is to secure Iraq, With due respect for my colleagues be true. The distinguished chairman, to help this new democracy take root, who advanced the idea that Iraq or who is in the Chamber now, held and to further the cause of freedom America was better off with Saddam lengthy hearings and allowed all Sen- around the globe. Hussein in power, to suggest that the ators a chance to ask numerous ques- There is no question that Iraq con- world is safer when despots rule in pal- tions of this nominee, and we know tinues to be a very fragile place, but in aces instead of serving time, being held now, from the 9 hours that have been truth, Iraq is making solid progress on accountable in jails, is to ignore the agreed to as part of this debate, that, a difficult road when one takes into bulk, if not the entirety, of human his- indeed, there is substantial debate consideration the fact that Saddam tory. had an iron grip on power in this na- It was Senator Daniel Patrick Moy- about this nominee. But she goes on, tion a mere 2 years ago. Consider what nihan who enjoined against similar for- from Senator BOXER’s pen: has been accomplished. A valid voter eign policy foolishness in an earlier era They didn’t count on me to ask the tough questions. What the Republicans don’t real- registration list of 14.3 million names when he said: ize is, no matter who is in charge in the has been completed. More than 500 Unable to distinguish between our friends White House, the role of Congress will al- voter registration centers have been es- and our enemies [you adopt] our enemies’ ways be to act as a check on the Executive tablished to help Iraqis verify their view of the world. branch of government. And when it comes to registration status. Iraqis will vote on I think we must also be sobered and the President’s nominees, the Senate must election day in the thousands of voting cautioned by that injunction, and we take its ‘‘advise and consent’’ role during the centers across that country and in 14 should all be responsible enough to not confirmation process seriously. other countries, including the United let our desire to score partisan polit- I agree with that. I have said as States of America. Candidate lists for ical points lapse into adopting our en- much in my comments today. But what 111 political entities have been sub- emy’s view of the world. I do not agree with, and I think where mitted for the national elections and, As President Bush urged just last this fundraising solicitation crosses in total, 256 political entities, com- week, America has the moral responsi- the line and where it finds itself in posed of 18,900 candidates, have reg- bility to take a stand for liberty as the company with some of the partisan at- istered to compete in 20 different elec- guiding force in the world and the de- tacks that have been made without tions: The national election, 18 provin- fining principle of this age. We have substance against this nominee, is cial elections, and the Kurdistan re- the strength and the will to see this when it goes on to say to contribute to gional government election. purpose through. the Democratic Senatorial Campaign These 254 entities include 27 individ- I urge my colleagues to support a Committee, making this part of not uals, 33 coalitions, and 196 parties, all Secretary of State who understands only a political attack but a fund- demonstrating widespread enthusiasm the stakes, who sees the right course, raising effort by the Democrats in the for this opportunity they have for free and has the will to follow it. Senate. That, I believe, crosses a line and fair elections. In conclusion, I have talked about that should not have been crossed, and I believe we will see the true rami- the attacks that have been directed on one for which I believe Dr. Rice is enti- fications of freedom in Iraq over the this honorable nominee and why I be- tled to an apology. To tie the confirma- next generation, and I believe this first lieve that they are unfounded and how tion of the Secretary of State to a election is a watershed at the begin- I believe those who are disappointed, fundraising campaign and to propagate ning of this new generation of a free perhaps, in the way the election turned misinformation or disinformation Iraq. out on November 2 have continued about this distinguished nominee, who As responsible leaders rise to the their sort of political insurgency di- is an American success story, in an ef- forefront and the vestiges of tyranny rected at the President but through his fort to raise money for the Democratic are replaced by a fledgling republic, we nominees for his Cabinet, and particu- Senatorial Committee is inappropriate will see that the victories won, the larly Condoleezza Rice and Alberto and I think would offend and does of- hardship that has been endured, and Gonzales. I have said that while it is fend the American people. the lives risked and indeed tragically our responsibility as Senators to exer- I believe this offense deserves a quick lost have not been in vain. cise with diligence our advice and con- repudiation by our colleagues on the

VerDate jul 14 2003 01:33 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.122 S25PT1 S422 CONGRESSIONAL RECORD — SENATE January 25, 2005 other side of the aisle who maybe were decisions. But we will need your help to hold possible to fall. And she was seeing not involved in this and, indeed, an them accountable in the ultimate public that—observing that as an astute ob- apology to Dr. Rice for the way she has hearing: the next midterm elections in 2006. server years ahead of her time. That been treated. The Republicans want us Democrats to kind of judgment and foresight will be step back and pave the way not only for this In conclusion, let me say that I have one nominee, but for their entire social, eco- critical in the months and years ahead seen, in my relatively short time in the nomic and international agenda. We have a for the United States. Senate, some pretty rough treatment chance during the midterm elections to It is a complex job, Secretary of of the President’s nominees. We have make sure the Republicans don’t have four State. I believe she has the necessary seen filibusters of judicial nominees years to do so. The DSCC is working every talent and experience and is, without when there is a bipartisan majority of day to recruit the strongest candidates in doubt, one of the most qualified people the Senate to confirm those nominees. every Senate race across the country. They in the world for this job. Indeed, this has been a part of an un- are fighting early and fighting hard, but Like Secretary Powell, who has done they need your ongoing support today. an outstanding job and whose human- constitutional burden that neither this So while I raise my voice on the Senate President nor those nominees should ity and professionalism and dedication floor, I hope you will join us on the cam- will be sorely missed, she recognizes have to bear. paign trail and send the loudest message of But we have also seen sort of a char- all—one that the Republicans will not be the deep personal commitment nec- acter attack on nominees that I think able to ignore—unseating them in the mid- essary, and this Nation is grateful for is not only unfair to those nominees term elections and sending more Democrats someone of her stature who is willing but completely unbecoming to the dig- to the Senate. to serve in this position. nity of the Senate and the kind of re- Yours sincerely, The Secretary of State serves as the Senator BARBARA BOXER. spect with which they should be treat- President’s top foreign policy adviser ed. It is one thing to disagree about The PRESIDING OFFICER (Mr. and in that capacity is this Nation’s most visible diplomat here and around policy; it is one thing to ask hard ques- THUNE). The Senator from Kansas. the world. It is a position that demands tions. No one is asking anyone to vote Mr. BROWNBACK. Mr. President, I the full confidence of the President, against their conscience on a nominee. rise to speak in behalf of Condoleezza and in Dr. Rice, we know the President But to abuse these nominees in a way Rice for Secretary of State. I hope the trusts her judgment. that is unfair, not only to them and chairman would yield to me such time as I might consume. That relationship is critical when their family but one that one considers the state of the world in mischaracterizes the facts and is part Mr. LUGAR. How much time does the Senator plan to speak? which Dr. Rice will work. According to of a disinformation campaign which is a recent National Intelligence Council clearly tied to politics, is something Mr. BROWNBACK. About 10 minutes. Mr. LUGAR. I yield the Senator the report: Not since the end of World War we ought to call an end to. II has the international order been in I had held out some hope, and in- time he may need. The PRESIDING OFFICER. The Sen- such a state of flux. During the past 3 creasingly it appears to be a vain hope, years, we have seen terrorists kill that somehow with the reconvening of ator is recognized. Mr. BROWNBACK. Mr. President, I thousands of people in this country and this 109th Congress we would see a around the world. While terrorism will change in attitude, we would see a will- thank the distinguished chairman of the Foreign Relations Committee, Sen- continue to be a serious threat to the ingness to work together. Nation’s security as well as many We have seen some comments, some ator LUGAR. I have had an opportunity to work with him in the years I have countries around the world, genocide— speeches, some promises to that end. even after Bosnia and Rwanda and even But when it comes to this sort of inap- been in the Senate on the Foreign Re- lations Committee. He is an out- Auschwitz—continues to this day in propriate political activity and politi- Darfur. This proliferation of weapons cizing the confirmation process for standing Member and such a good col- league and so knowledgeable on so of mass destruction among rogue re- America’s diplomat in chief and the gimes continues apace. Meanwhile, in President’s other judicial nominees, all many issues. It is quite wonderful to have his work and the things he has the East, the rise of China and India I can say is it is a crying shame. promises to reshape familiar patterns I yield the floor. done, particularly the incredibly im- portant Nunn-Lugar, or I call it the of geopolitics and economics. EXHIBIT 1 Still, there is great reason to be en- Lugar-Nunn Act on Nuclear Prolifera- DEMOCRATIC SENATORIAL CAMPAIGN couraged by the world that Dr. Rice tion, getting rid of some material in COMMITTEE will face. Freedom is on the march in the Soviet Union. I have seen that bill DEAR DSCC FRIEND, The Republicans were places some had written off as poten- expecting the Senate to confirm Dr. Rice in action and that has been a powerful tially unsuitable for democracy. with little debate and questioning from the good to possibly reduce the spread of Ukraine’s Orange Revolution, Geor- Foreign Relations Committee. nuclear weapons around the world. I gia’s Rose Revolution, Serbia’s Demo- They didn’t count on me to ask the tough thank my colleague. cratic Revolution, and successful elec- questions. What the Republicans don’t real- I rise to express my strong support ize is, no matter who is in charge in the tions in Indonesia, Malaysia, Afghani- for the nomination of Dr. Condoleezza stan, and the Palestinian Authority White House, the role of Congress will al- Rice for the position of Secretary of ways be to act as a check on the Executive demonstrate the longing for democracy branch of government. And when it comes to State. While it is regrettable that we that embraces the most diverse cul- presidential nominees, the Senate must take are continuing to debate this nomina- tures. Iraq will continue to pose chal- its ‘‘advise and consent’’ role during the con- tion after 2 days of hearings, I believe lenges even after the elections at the firmation process seriously. it will only confirm what the President end of this month. That’s why I took a stand last week and has done in making such a great The new Secretary of State will have voiced my concerns about Dr. Rice’s mis- choice. As the first woman to hold the to engage the United States and our al- leading statements leading up to the war in key post as the President’s National lies in working closely with the Iraqis Iraq and beyond. I will continue to make my Security Adviser, she has had a distin- voice heard on the Senate Foreign Relations to seize the opportunities that lie be- committee, but in order to put the brakes on guished career already in Government, fore them to forge a nation that is free four more years of misdirection in Iraq and as well as in academics. I still recall of the past and that is ultimately and reckless policies at home, we need to elect her wise and learned comments made uniquely Iraqi. The only exit strategy more Democrats to the Senate during the nearly a decade ago about how systems for the United States and the coalition 2006 midterm elections. failures were occurring at that time in forces is to ensure that Iraqis are in Because after Dr. Rice is confirmed, the the Soviet Union that led to the fall of control of their own destiny. Senate will face many more crucial decisions the Soviet Union. The new Secretary of State must de- in the coming months: confirmation of It wasn’t seen at the time. Yet she President Bush’s choice for Attorney Gen- vote her time and resources to achiev- eral Alberto Gonzales, social security, Iraq was able to look at the disparate situa- ing a settlement in the Arab-Israeli and possibly a Supreme Court nomination. tions that were happening, saying how conflict by clearly articulating the ro- My Democratic colleagues and I will hold systems failures in the Soviet Union bust vision of peace in the Middle East. the Bush Administration accountable for its presaged a place none of us thought We must not only come to grips with

VerDate jul 14 2003 03:08 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.125 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S423 nuclear proliferation issues in Iran and tion came from a course taught by a vividly and was touched by the 16th North Korea, but we must have the Czech refugee. That background will Street Baptist Church bombing in Bir- moral courage to bring attention to become increasingly important as we mingham that occurred during her the human rights abuses in both of deal with the changing dynamics and youth. Her family later moved to Colo- these countries that sustain these nu- challenges posed around the world. rado, I believe, where she grew up. clear ambitions. In short, I am moved to think that She is a pianist and a talented person Similarly, we must confront the re- she will soon be confirmed as our 66th in so many ways. I think few would dis- gime in Khartoum where crimes Secretary of State, and it will be time pute her talent, her incredible back- against humanity must be brought to for us to move forward. She is already ground and personal history, and the justice so that urgent humanitarian as- well known to the world. Dr. Rice will many accomplishments that she has sistance can continue in Darfur and now become the face of America’s di- achieved through the years. elsewhere in Sudan. There are many plomacy. In the course of doing so, she has won actions we can take and must take, es- We need to support her in every way the confidence of the President of the pecially after we have had the bold ini- we can. She can be assured of my sup- United States, George W. Bush. He has tiative to clearly call Darfur for what port. As the newly appointed chairman relied on her foreign policy expertise it is—it is genocide that is happening of the Commission on Security and Co- for quite a number of years. He believes there. If we are to maintain our credi- operation in Europe, I look forward to she is the right person to serve this bility in this area, we must act deci- working with her and other officials at country today as Secretary of State. sively. the State Department to further pro- She is a perfect fit in this role and I In addition to the humanitarian ef- mote democracy, human rights, and strongly support her confirmation. forts in the Indian Ocean region and the rule of law in Europe and Eurasia. Condoleezza Rice served as provost at elsewhere as a result of the tsunami, I Charged with the responsibility for Stanford University. She worked in the am certain that the new Secretary will monitoring and promoting implemen- National Security Council of former maintain our commitment to the glob- tation of the Helsinki Final Act in all President Bush. She has served our al fight against AIDS and other infec- 55 signatory countries, the Commission current President Bush as National Se- tious diseases. But to do so with the has been and will continue to be a force curity Advisor for 4 years. That is an kind of prudent and result-based efforts for human freedom, seeking to encour- excellent background for the job; that, that have been so successful in past ef- age change, consistent with the com- along with her studies in international forts, we have to maintain a focus and mitment these countries have volun- relations and history, particularly the an effort to be able to get things done. tarily accepted. As President Ford re- Soviet Union. Last week, President Bush laid down marked when signing the Helsinki I remember early on we had a prob- a marker by which we would define Final Act on behalf of the United lem with national missile defense and what it means not to just be an Amer- States: the test ban treaty that would have re- ican but a citizen of the world. Declar- History will judge this Conference . . . not quired us to either not implement a na- ing in his inaugural address that our only by the promises we make, but the prom- tional missile defense system or would liberty is increasingly tied to the fate ises we keep. have required us to manipulate it as of liberty abroad, he placed the United As we approach the 30th anniversary some sort of test program in a way States on the side of democratic re- of the historic occasion this year, a that was not very practical. formers and vowed to judge govern- number of Helsinki signatories seem She suggested we ought to avail our- ments by their treatment of their own determined to undermine the shared selves of the privileges the treaty gave people. values enshrined in the Final Act and us to give notice and step out of the President Bush’s vision draws on the diminish the commitment they accept- agreement with Russia. It had been wellsprings of our Nation’s spirit and ed when they joined the Organization signed with the Soviet Union in an en- value. I believe Secretary-designate for Security and Cooperation in Eu- tirely different global setting. At this Rice possesses the skills and talents rope. It is imperative that the United point, we were dealing with Russia, necessary to turn the President’s vi- States hold firm to the values that which was friendly in many ways. sionary goals into a reality. have inspired democratic change in Many on the other side of the aisle— In her statement before the Foreign much of the OSCE region. Dr. Rice in very much the same ones criticizing Relations Committee, she said, ‘‘The her confirmation testimony referred to her today—were saying that this was time for diplomacy is now.’’ Her quali- the potential role that multilateral in- just awful. They claimed that it would fications to carry that prescription stitutions can play in multiplying the destabilize relations between Russia into practice will be indispensable. She strength of freedom-loving nations. In- and the United States. combines a big-picture mindset born of deed, the OSCE has tremendous poten- I remember seeing Dr. Rice being academic training with a wealth of tial to play even a greater role in pro- questioned about that, meeting with hands-on experience at the highest moting democracy, human rights, and Senators and discussing it. She lis- level. Perhaps most importantly, she rule of law in a region of strategic im- tened carefully to the comments others can always be sure of having the Presi- portance to the United States. had and then articulated her own con- dent’s confidence and ear. I look forward to building upon the sidered thoughts with crystal clarity. Finally, Dr. Rice’s own biography partnership forged between the Hel- She was inclined to believe we ought to testifies to the promise of America. sinki Commission and the State De- get out of that treaty. She and the Born and raised in the segregated partment as we stand with oppressed President eventually made the decision South, her talent, determination, and and downtrodden people wherever they to do so. They did so in a way of which intellect will place her fourth in line to are in the world. Russia was accepting. It caused no the Presidency. She has often said to I urge my colleagues to support Dr. problems. get ahead she had to be ‘‘twice as Rice for the position of Secretary of I remember vividly the warnings good’’—and she is that and more. State. I wish her good luck and God- from the liberal Members of this body Her childhood shaped her strong de- speed. that withdrawing from that treaty, and termination of self-respect, but it was Thank you, Mr. President. I yield the thus allowing us to build a legitimate her parents’ commitment to education floor. national missile defense, was somehow and her brilliant success at it that de- The PRESIDING OFFICER. The Sen- going to cause permanent damage to fined her style. ator from Alabama. the relationship between Russia and She managed to work her way to col- Mr. SESSIONS. Mr. President, I rise the United States. She concluded that lege by the age of 15 and graduate at 19 and express my strong support for this was not true. In fact, it was not from the University of Denver with a Condoleezza Rice for confirmation as true. She helped execute that action degree in political science. It was at Secretary of State of the United States that allows us now to have missiles in Denver that Dr. Rice became interested of America. She is a native of my home place that are capable of knocking in international relations and the state of Alabama and grew up in a very down incoming weapons that could study of the Soviet Union. Her inspira- difficult time in our State. I remember wreak havoc, nuclear or otherwise, on

VerDate jul 14 2003 01:33 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.130 S25PT1 S424 CONGRESSIONAL RECORD — SENATE January 25, 2005 the people of the United States. It is they have as their responsibility. They The PRESIDING OFFICER. There is one of many memories I have that provide a tremendous resource to our 53 minutes to the majority, and 1 hour demonstrate her capabilities and skill. Nation. People forget as they serve 22 minutes to the minority. Partly, I suspect, as a result of her around the world—and I have visited Mr. LUGAR. I thank the Chair. growing up in an area where, sadly, ev- them as I have traveled—that they are Mr. President, let me comment that eryone was not treated equally, when at risk just for bearing the American we have been privileged to hear from 22 people were discriminated against flag and being a representative of this colleagues today. Thirteen Republicans quite significantly and were treated as Nation, because they are in dangerous and nine Democrats have spoken on second-class citizens, she has a deep places in our world. They do a great job the confirmation. I would comment, it and abiding respect for liberty. She has every day. Sometimes a great organiza- has been my privilege to hear more of a deep and abiding respect for the legal tion such as that, that creates and the testimony while I chaired the hear- system of this country. She believes we forms itself over many years, develops ings and likewise the debate today. On ought to promote liberty, promote an inertia, an inability to change, to both occasions, we have made clear to equality and promote progress in the see new ideas and new ways of pro- colleagues on both sides of the aisle world. It is a responsibility this Nation ceeding. that there would be ample opportunity, has and that she must champion as she Having someone at the helm such as first of all, to question Dr. Rice during serves as Secretary of State. I have no Condoleezza Rice who has been in- the confirmation hearings. And, as I doubt that she is equal to the task. volved in the National Security Coun- pointed out earlier in the day, well Absolutely we have to be careful. Ab- cil, she will be perfectly respectful of over 300 questions were raised, some solutely there are limits to what we those fine people who serve in the before the hearings, to which she gave can do as a nation to help other na- State Department. She will also have response in written answers, and over tions. We simply are not able, and it the ability to lift that agency, to half of the 300 actually during the hear- would not be wise, even, to attempt to transform it into a more nimble and ings in face-to-face dialog with Dr. fix all of the problems of every nation more responsive agency that can help Rice. Let me point that out because I around the world. promote American ideals aggressively think the record for this nominee is as I want a Secretary of State who un- throughout the world. full as any confirmation procedure I I am very proud of her. I am proud derstands America, who understands have witnessed. that she is from Alabama. I am proud the values and ideals of this country, Today, we have had 22 contributions that President Bush has chosen to and who has values and ideals herself, that were substantial and thoughtful. nominate her. I am confident she will to serve as Secretary of State. I want a Tomorrow, we will have another hour be a terrific Secretary of State and Secretary of State who looks forward of debate prior to a vote and will come to seizing opportunities whenever they very confident she will be confirmed. I am sorry that some of my col- to a conclusion which I pray will bring may appear—and we do not know when about the confirmation of Dr. Rice to they will during the course of her serv- leagues on the other side of the aisle— I guess in response to complaints from be our next Secretary of State, and a ice—where she can promote liberty, those among the hard left who are move forward as she assists our Presi- freedom, progress and peace through- never happy when America commits dent and all of us in the statecraft of out the world. itself around the world and stands up our country. When you find liberty and freedom in In any event, I simply point out for countries, they usually don’t fight. It for its values—have chosen to hold up this nominee. I thought she was mov- the record that as we conclude the de- is my impression we have few, if any, ing along rather quickly and that we bate this evening—and we will do so examples of war—certainly not in re- would have already confirmed her by shortly because no further Senators cent memory—that have occurred be- now. But there are those who want to have sought to speak—there was at tween two democratic states. Demo- use this opportunity to express their least on our side of the aisle 53 minutes cratic states somehow are used to views, many of which are not helpful to available and on the other side 1 hour working out difficulties within their our soldiers who are out in the field 22 minutes. Therefore, the time that own country and somehow they are executing the policies we voted on in was requested turned out to be more normally able to work out difficulties this body by an overwhelming vote— than ample. between an opposing state if they are a more than three-fourths. We sent them I am hopeful our debate will conclude democracy. there. Members of this Senate voted constructively and affirmatively to- It is only when you come up against overwhelmingly to do so. It is not ap- morrow. We certainly will attempt to dictators, these people who are used to propriate to delay Dr. Rice’s nomina- work with that. I am advised that the always doing it their way, who have an tion in order to reopen the debate on distinguished ranking member of the obsession with expansionism and op- our nation’s actions in Iraq, particu- committee, Senator BIDEN, will be pression of their own people and their larly when there is no likelihood she present, and he will make a statement own self-interest, those are the ones will be voted down. tomorrow, and that will be important who are difficult to deal with. Some of the comments made to her as we conclude our debate. Condoleezza Rice understands that. have not been of the most respectful Mr. President, seeing no other Sen- She is a student of history and inter- and appropriate kind. Her integrity— ators who seek recognition, I suggest national relations. She can help our perhaps inadvertently, but in reality— the absence of a quorum. President make those tough choices. was questioned. I certainly believe she The PRESIDING OFFICER. The When do we step up to the plate? When should have every right to push back clerk will call the roll. do we not step up to the plate? How can and defend herself under those cir- The assistant legislative clerk pro- we be most effective? When should we cumstances. ceeded to call the roll. negotiate? When should we seek the as- I am always happy to allow my col- Mr. LUGAR. Mr. President, I ask sistance of other nations to negotiate? leagues to have their say, but it has unanimous consent that the order for When should we involve ourselves di- taken longer than it should. We need to the quorum call be rescinded. rectly? When, Heaven forbid, should we move this nomination forward. We The PRESIDING OFFICER. Without have go to war? need a Secretary of State in place. She objection, it is so ordered. This is the kind of expertise she will be an outstanding Secretary of brings to the table. Her personal his- State. I look forward to seeing her con- f tory and her experience as the National firmed, hopefully no later than tomor- Security Advisor to the President is row. MORNING BUSINESS just the kind of background we need. I yield the floor. The State Department is composed of The PRESIDING OFFICER. The Sen- Mr. LUGAR. Mr. President, I ask some of the finest people I have had the ator from Indiana. unanimous consent that there now be a privilege of knowing. They work ex- Mr. LUGAR. May I inquire of the period of morning business, with Sen- tremely hard. They are extraordinarily Chair, how much time remains on both ators permitted to speak for up to 10 educated and steeped in the countries sides of the aisle in this debate? minutes each.

VerDate jul 14 2003 02:35 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.140 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S425 The PRESIDING OFFICER. Without an intoxicated patient started to COMMITTEE ON FINANCE objection, it is so ordered. threaten Marla, Murray stepped in f front of the man. Marla tried to protect Murray, too. I. RULES OF PROCEDURE THE LIFE OF MURRAY BARR But she felt him slipping away. ‘‘I al- (Adopted January 25, 2005) Mr. REID. Mr. President, Reno, NV, ways knew Murray’s life would be cut is a wonderful city and a great place to short by the choices he was making,’’ live. Rule 1. Regular Meeting Days.—The regular she said. meeting day of the committee shall be the The sparkling Truckee River flows Early one morning last spring, Steve through the heart of town. The campus second and fourth Tuesday of each month, called Marla at home. There had been except that if there be no business before the of the University of Nevada sits on a an announcement at the morning po- committee the regular meeting shall be hillside overlooking the city. The Ne- lice briefing. Murray had died the night omitted. vada Museum of Art is nearby. before. Rule 2. Committee Meetings.—(a) Except as And standing on the streets of down- Marla and Steve cried. She said, provided by paragraph 3 of Rule XXVI of the town Reno, one can see majestic moun- ‘‘There will never be another Murray.’’ Standing Rules of the Senate (relating to tains in every direction, including the special meetings called by a majority of the But there are many others like him. committee) and subsection (b) of this rule, peaks of the Sierra Nevada around I have known some of them. We have Lake Tahoe. A beautiful city and a fine committee meetings, for the conduct of busi- all known them. ness, for the purpose of holding hearings, or place to raise a family. Despite the pleas of loved ones and for any other purpose, shall be called by the But like any other city, Reno has its friends, despite their own best inten- chairman after consultation with the rank- rough side. In ‘‘Folsom Prison Blues,’’ tions, they are pulled down, time and ing minority member. Members will be noti- Johnny Cash sang, ‘‘I shot a man in again, by their addiction to alcohol. fied of committee meetings at least 48 hours Reno, just to watch him die.’’ Reno has We try to help them, just as Murray’s in advance, unless the chairman determines its share of rundown bars and alleys, that an emergency situation requires a friends tried to help him. We try to get where men and women chase the rem- meeting on shorter notice. The notification them into rehab programs, and we en- nants of broken dreams. This is a world will include a written agenda together with courage them to try AA. We give them most people rarely notice, but where materials prepared by the staff relating to warm clothes and buy them a hot meal. that agenda. After the agenda for a com- some spend their lives. We help them find a job or a place to mittee meeting is published and distributed, One who lived in that world was a stay. no nongermane items may be brought up man named Murray Barr. during that meeting unless at least two- Murray drank a lot. He was, in fact, Some manage to escape their addic- tion. I have to believe that escape is a thirds of the members present agree to con- an alcoholic, and he was homeless. He sider those items. slept in the streets and alleys. When he form of grace, a gift from above. (b) In the absence of the chairman, meet- did sleep indoors, it was usually in jail Others never find that grace, no mat- ings of the committee may be called by the or the hospital. ter how badly they might want it. And ranking majority member of the committee But Murray was also a proud Native no matter how much we try to help, we who is present, provided authority to call American, an ex-Marine, and a friend cannot give them that gift. meetings has been delegated to such member Maybe the greatest gift we can give by the chairman. to many who came in contact with Rule 3. Presiding Officer.—(a) The chair- him. them is to see them as individuals— ‘‘there will never be another Murray.’’ man shall preside at all meetings and hear- Murray Barr was a big bear of a man. ings of the committee except that in his ab- He barely had a tooth in his head, but Not just another homeless face on the sence the ranking majority member who is when he smiled, he brought joy to the street, not just another cot in the present at the meeting shall preside. people who cared about him. drunk tank, but a man who was proud (b) Notwithstanding the rule prescribed by And many people did care about Mur- of his heritage, who served his country, subsection (a) any member of the committee ray. who refused to let down his friends, may preside over the conduct of a hearing. Reno Police Officer Patrick O’Bryan some mother’s son, maybe somebody’s Rule 4. Quorums.—(a) Except as provided crossed paths with Murray many brother or husband. in subsection (b) one-third of the member- ship of the committee, including not less times—sometimes when he was arrest- Back in December there was a memo- than one member of the majority party and ing him or taking him to the hospital. rial gathering at First Methodist one member of the minority party, shall con- O’Bryan—who is known as ‘‘Paddy Church in Reno to mourn the homeless stitute a quorum for the conduct of business. O’’ on the streets of Reno—tried every- citizens who had died during the year (b) Notwithstanding the rule prescribed by thing he could think of to help Murray and highlight the need for programs to subsection (a), one member shall constitute quit drinking. help them. a quorum for the purpose of conducting a He told Murray to ‘‘get a life’’, ‘‘get Officers Johns and O’Bryan told a few hearing. a grip’’, he threatened him, he pleaded, stories about their friend Murray Barr. Rule 5. Reporting of Measures or Rec- and he warned Murray that he was kill- ommendations.—No measure or recommenda- I never knew Murray, but I think he tion shall be reported from the committee ing himself. would have liked that. He would have unless a majority of the committee is actu- Sometimes Murray would stop drink- been proud to have such good friends. ally present and a majority of those present ing. Once he was on house arrest for 6 I tell this story as a reminder that concur. months. He got a job as a cook and we should never assume we know a per- Rule 6. Proxy Voting; Polling.—(a) Except showed up on time every day. He saved son’s story just because of what is on as provided by paragraph 7(a)(3) of Rule money. And he stayed sober for 6 one fleeting page. And we should never XXVI of the Standing Rules of the Senate months. forget that every person is unique. (relating to limitation on use of proxy voting to report a measure or matter), members As long as the system was moni- ‘‘There will never be another Mur- toring him, Murray was okay. He was a who are unable to be present may have their ray.’’ vote recorded by proxy. proud man, and he was not going to let (b) At the discretion of the committee, down the people who were responsible f members who are unable to be present and for him. whose vote has not been cast by proxy may But when he had finished serving his RULES OF PROCEDURE, be polled for the purpose of recording their sentence, Murray let himself down, and vote on any rollcall taken by the committee. COMMITTEE ON FINANCE picked up the bottle again. Rule 7. Order of Motions.—When several Marla Johns works as a social worker Mr. GRASSLEY. Mr. President, I ask motions are before the committee dealing at St. Johns Medical Center in Reno. unanimous consent that the Rules for with related or overlapping matters, the Her husband Steve is a Reno cop. They the Committee on Finance, for the chairman may specify the order in which the motions shall be voted upon. 109th Congress, be printed in the CON- both had a soft spot for Murray. They Rule 8. Bringing a Matter to a Vote.—If the gave him gifts at Christmas—and the GRESSIONAL RECORD. chairman determines that a motion or gift of their friendship year round. There being no objection, the mate- amendment has been adequately debated, he Murray called Marla ‘‘my angel.’’ He rial was ordered to be printed in the may call for a vote on such motion or was protective toward her. Once when RECORD, as follows: amendment, and the vote shall then be

VerDate jul 14 2003 02:31 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.133 S25PT1 S426 CONGRESSIONAL RECORD — SENATE January 25, 2005 taken, unless the committee votes to con- the member designating that witness is (f) The chairman and ranking minority tinue debate on such motion or amendment, available at that time to chair the hearing. members shall serve as nonvoting ex officio as the case may be. The vote on a motion to Rule 15. Audiences.—Persons admitted into members of the subcommittees on which continue debate on any motion or amend- the audience for open hearings of the com- they do not serve as voting members. ment shall be taken without debate. mittee shall conduct themselves with the (g) Any member of the committee may at- Rule 9. Public Announcement of Committee dignity, decorum, courtesy and propriety tend hearings held by any subcommittee and Votes.—Pursuant to paragraph 7(b) of Rule traditionally observed by the Senate. Dem- question witnesses testifying before that XXVI of the Standing Rules of the Senate onstrations of approval or disapproval of any subcommittee. (relating to public announcement of votes), statement or act by any member or witness (h) Subcommittee meeting times shall be the results of rollcall votes taken by the are not allowed. Persons creating confusion coordinated by the staff director to insure committee on any measure (or amendment or distractions or otherwise disrupting the that— thereto) or matter shall be announced pub- orderly proceeding of the hearing shall be ex- (1) no subcommittee meeting will be held licly not later than the day on which such pelled from the hearing. when the committee is in executive session, measure or matter is ordered reported from Rule 16. Broadcasting of Hearings.— except by unanimous consent; the committee. (a) Broadcasting of open hearings by tele- (2) no more than one subcommittee will Rule 10. Subpoenas.—Witnesses and memo- vision or radio coverage shall be allowed meet when the full committee is holding randa, documents, and records may be sub- upon approval by the chairman of a request hearings; and (3) not more than two subcommittees will poenaed by the chairman of the committee filed with the staff director not later than meet at the same time. with the agreement of the ranking minority noon of the day before the day on which such Notwithstanding paragraphs (2) and (3), a member or by a majority vote of the com- coverage is desired. subcommittee may meet when the full com- mittee. Subpoenas for attendance of wit- (b) If such approval is granted, broad- mittee is holding hearings and two sub- nesses and the production of memoranda, casting coverage of the hearing shall be con- committees may meet at the same time only documents, and records shall be issued by ducted unobtrusively and in accordance with upon the approval of the chairman and the the chairman, or by any other member of the the standards of dignity, propriety, courtesy ranking minority member of the committee committee designated by him. and decorum traditionally observed by the and subcommittees involved. Rule 11. Nominations.—In considering a Senate. (i) All nominations shall be considered by nomination, the Committee may conduct an (c) Equipment necessary for coverage by the full committee. investigation or review of the nominee’s ex- television and radio media shall not be in- (j) The chairman will attempt to schedule perience, qualifications, and suitability, to stalled in, or removed from, the hearing reasonably frequent meetings of the full serve in the position to which he or she has room while the committee is in session. committee to permit consideration of legis- been nominated. To aid in such investigation (d) Additional lighting may be installed in lation reported favorably to the committee or review, each nominee may be required to the hearing room by the media in order to by the subcommittees. submit a sworn detailed statement including raise the ambient lighting level to the lowest Rule 18. Transcripts of Committee Meetings.— biographical, financial, policy, and other in- level necessary to provide adequate tele- An accurate record shall be kept of all mark- formation which the Committee may re- vision coverage of the hearing at the then ups of the committee, whether they be open quest. The Committee may specify which current state of the art of television cov- or closed to the public. This record, marked items in such statement are to be received erage. as ‘‘uncorrected,’’ shall be available for in- on a confidential basis. Witnesses called to (e) The additional lighting authorized by spection by Members of the Senate, or mem- testify on the nomination may be required to subsection (d) of this rule shall not be di- bers of the committee together with their testify under oath. rected into the eyes of any members of the staffs, at any time. This record shall not be Rule 12. Open Committee Hearings.—To the committee or of any witness, and at the re- published or made public in any way except: extent required by paragraph 5 of Rule XXVI quest of any such member or witness, offend- (a) By majority vote of the committee of the Standing Rules of the Senate (relating ing lighting shall be extinguished. after all members of the committee have had to limitations on open hearings), each hear- (f) No witness shall be required to be pho- a reasonable opportunity to correct their re- ing conducted by the committee shall be tographed at any hearing or to give testi- marks for grammatical errors or to accu- open to the public. mony while the broadcasting (or coverage) of rately reflect statements made. Rule 13. Announcement of Hearings.—The that hearing is being conducted. At the re- (b) Any member may release his own re- committee shall undertake consistent with quest of any such witness who does not wish marks made in any markup of the com- the provisions of paragraph 4(a) of Rule to be subjected to radio or television cov- mittee provided that every member or wit- XXVI of the Standing Rules of the Senate erage, all equipment used for coverage shall ness whose remarks are contained in the re- (relating to public notice of committee hear- be turned off. leased portion is given a reasonable oppor- ings) to issue public announcements of hear- Rule 17. Subcommittees.—(a) The chairman, tunity before release to correct their re- ings it intends to hold at least one week subject to the approval of the committee, marks. prior to the commencement of such hearings. shall appoint legislative subcommittees. The Notwithstanding the above, in the case of Rule 14. Witnesses at Hearings.—(a) Each ranking minority member shall recommend the record of an executive session of the witness who is scheduled to testify at any to the chairman appointment of minority committee that is closed to the public pursu- hearing must submit his written testimony members to the subcommittees. All legisla- ant to Rule XXVI of the Standing Rules of to the staff director not later than noon of tion shall be kept on the full committee cal- the Senate, the record shall not be published the business day immediately before the last endar unless a majority of the members or made public in any way except by major- business day preceding the day on which he present and voting agree to refer specific leg- ity vote of the committee after all members is scheduled to appear. Such written testi- islation to an appropriate subcommittee. of the committee have had a reasonable op- mony shall be accompanied by a brief sum- (b) The chairman may limit the period portunity to correct their remarks for gram- mary of the principal points covered in the during which House-passed legislation re- matical errors or to accurately reflect state- written testimony. Having submitted his ferred to a subcommittee under paragraph ments made. written testimony, the witness shall be al- (a) will remain in that subcommittee. At the Rule 19. Amendment of Rules.—The fore- lowed not more than ten minutes for oral end of that period, the legislation will be re- going rules may be added to, modified, presentation of his statement. stored to the full committee calendar. The amended or suspended at any time. (b) Witnesses may not read their entire period referred to in the preceding sentences f written testimony, but must confine their should be 6 weeks, but may be extended in oral presentation to a summarization of the event that adjournment or a long recess 60TH ANNIVERSARY OF THE their arguments. is imminent. LIBERATION OF AUSCHWITZ (c) Witnesses shall observe proper stand- (c) All decisions of the chairman are sub- Mr. SMITH. Mr. President, I rise ards of dignity, decorum and propriety while ject to approval or modification by a major- today to observe a solemn anniversary. presenting their views to the committee. ity vote of the committee. On January 27, 2005, the world will Any witness who violates this rule shall be (d) The full committee may at any time by dismissed, and his testimony (both oral and majority vote of those members present dis- pause and remember as we mark the written) shall not appear in the record of the charge a subcommittee from further consid- sixtieth anniversary of the liberation hearing. eration of a specific piece of legislation. of Auschwitz, the most notorious of (d) In scheduling witnesses for hearings, (e) Because the Senate is constitutionally Nazi Germany’s concentration and the staff shall attempt to schedule witnesses prohibited from passing revenue legislation death camps. so as to attain a balance of views early in originating in the Senate, subcommittees In 1940, Germany established the the hearings. Every member of the com- may mark up legislation originating in the Auschwitz concentration camp 37 miles mittee may designate witnesses who will ap- Senate and referred to them under Rule 16(a) west of Krakow in Poland. Formerly a pear before the committee to testify. To the to develop specific proposals for full com- extent that a witness designated by a mem- mittee consideration but may not report Polish Army barracks, Auschwitz was ber cannot be scheduled to testify during the such legislation to the full committee. The first used as a prison for captured Pol- time set aside for the hearing, a special time preceding sentence does not apply to nonrev- ish soldiers and those who were consid- will be set aside for the witness to testify if enue legislation originating in the Senate. ered by the Nazis to be dangerous. The

VerDate jul 14 2003 02:31 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.039 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S427 prison held captive the elite of Po- will mark 60 years since the liberation In the effort to keep the memory of land—their civic and spiritual leaders, of Auschwitz, the concentration and the Holocaust alive, we have an invalu- educated classes, cultural and sci- death camp at which over 1.1 million able resource located just a few min- entific figures, army officers, and innocent men, women, and children utes from here, the United States Holo- members of the resistance movement. were murdered at the hands of the caust Memorial Museum. That museum Throughout World War II, Auschwitz Nazis. represents a steadfast commitment by continued to be used to house pris- As many of my colleagues know, I our Nation to ensure that the Holo- oners-of-war, gypsies, and others who have long felt a very deep and personal caust will never, ever fade away into opposed the Nazi regime. connection to the tragedy of the Holo- the mist of history. I imagine that In 1942, Germany began to use Ausch- caust. My father, who would later serve most, if not all, of my colleagues have witz as one of its principle camps to two terms in this body, was the Execu- already visited the museum. I would carry out the systematic extermi- tive Trial Counsel at the Nuremberg certainly urge any of my colleagues nation of Jews across the European trials of Nazi war criminals. who might not have done so to visit, continent. As the Nazis pursued their He left this country for Nuremberg and to encourage their staffs and their 1 horrific ‘‘final solution,’’ over one mil- when I was only 1 ⁄2 years old, and he constituents who visit our Nation’s lion Jews and tens of thousands of oth- spent the next two years poring over Capital to do the same. ers perished at Auschwitz, the majority documents and conducting interviews Finally, it is crucial that on this an- that revealed to him the shocking, of whom were executed in the infamous niversary, we take meaningful steps to staggering process by which over 6 mil- gas chambers. address acts of genocide in our own lion people were systematically killed. As the Soviet Army approached at time. Today, in the Darfur province of He found himself face to face with the end of 1944, the Nazis attempted to Sudan, tens of thousands have already many of the men who had planned and destroy evidence of their atrocities. In died as a result of a murderous ethnic carried out Hitler’s ‘‘Final Solution.’’ late January 1945, the Germans evacu- cleansing campaign by the govern- He found himself asking, wondering ated Auschwitz with the SS leading ment-supported Janjaweed militias. It how so many human beings many of over 50,000 prisoners on a death march is estimated that as many as 350,000 whom had loving families of their own, that eventually claimed the lives of could die in the coming months if ac- had been educated in universities, had thousands more. When the Soviets fi- tion is not taken. Certainly, the sheer enjoyed the fine arts how could they nally reached the camp, only a few magnitude of the events in Darfur does possibly conceive and execute a mass not approach that of the Holocaust. On thousand prisoners remained alive to murder on an unimaginable scale? How a fundamental level, however, the see their liberation. was it that only a tiny sliver of a mi- It was some time before the world world is facing the same choice we did nority in Europe stood up against a knew the extent of the atrocities com- over 60 years go: do we respond to hei- plan to wipe out that continent’s en- mitted at Auschwitz. But as the truth nous crimes against humanity, or do tire Jewish population, as well as Gyp- we ignore a growing tragedy until it is became known, we made the promise to sies, the disabled, and homosexuals? never forget what happened there and And how was it that the United States far, far too late? This is the challenge at other Nazi extermination camps. and its allies failed to act in time to that confronts us today, as we com- Today, by marking this somber anni- save millions of innocent lives? memorate the liberation of Auschwitz versary, we keep that promise. When my father came home from Eu- and the other Nazi death camps to en- Yet, it is not enough to simply pause rope, he didn’t have answers to those sure that the cry of ‘‘never again’’ does and remember. questions. Indeed, we have continued not ring tragically hollow. I have walked that ground in Ausch- asking these questions for the past six In closing, Mr. President, I would witz. I have felt the weight of the air decades. What my father did bring back like to note that in addition to the an- and seen the ruins of the crematoria. It from Nuremberg was an unyielding and niversary that we are commemorating is an unquestionably chilling experi- firm conviction to teach what he this week, today’s date marks a special ence that I have trouble expressing in learned to as many people as he could, occasion in the Jewish calendar. Today words. beginning with the members of his own is the holiday of Tu B’Shvat, the tradi- But I do know and understand the family. From an early age, I can re- tional New Year for trees. It heralds words of Auschwitz survivor and Nobel member learning from my father the coming of the spring, and is an oc- laureate Elie Weisel, who said, ‘‘to re- names of people like Goebbels, casion for celebrating renewal, transi- main silent and indifferent is the Mengele, and Eichmann, and places tion, and hope. It is my hope that as greatest sin of all.’’ It is in that spirit like Auschwitz, Majdanek, and Tre- Americans and people around the world that we not only recall the horrors per- blinka. reflect on the 60th anniversary of lib- petrated at Auschwitz, but we work to As an Irish Catholic boy growing up eration, we can seize this solemn occa- ensure that such unbridled hatred and in Connecticut, my early education in sion to look towards the future, and to evil never again goes unchecked. the history of the Holocaust was some- plant new seeds of hope, tolerance, and So, too, we must recognize that ha- thing of an anomaly. Fortunately, this justice among all of humankind. tred does still exist in the world and we is no longer the case today. Yet there Ms. COLLINS. Mr. President, the see signs of it every day. It is our duty are still communities, here in America, world pauses this week to observe the as a free people to work against its and even more so around the world, 60th anniversary of an event that calls growth and fight evil wherever it is where far too little is known about the for the deepest solemnity and reflec- found. As a beacon of liberty for the Holocaust. More shockingly still, there tion. In early 1945, as American and entire world, I am inspired by the are those individuals and groups which British armies closed in on the Third words spoken by President Bush in his question or deny the very existence of Reich from the west, Soviet forces were Inaugural address last week, ‘‘we can- the Holocaust a charge that is often on the march through Poland. On Jan- not carry the message of freedom and interwoven with the very same poi- uary 27, they came to a place called the baggage of bigotry at the same sonous anti-Semitism that led to this Auschwitz. time.’’ human tragedy. In the Nazi death industry, Ausch- So, as we mark 60th anniversary of On this anniversary, therefore, it is witz was its most productive factory. It the liberation of Auschwitz, it is not critical not only to remember those is estimated that some one and a half enough to simply remember, we must who perished, but to redouble our ef- million were murdered there. The vic- be ever vigilant in our fight against forts to enhance and increase aware- tims were Poles, Slavs, Russians, Gyp- bigotry and hatred both at home and ness of the Holocaust. This is particu- sies, but the majority were Jews. They abroad. larly important today, as each day died from disease, starvation, exposure Mr. DODD. Mr. President, I rise there remain fewer and fewer living and exhaustion, on the gallows and in today to reflect on an important and witnesses to the Holocaust those who front of the firing squads, but mostly meaningful anniversary that is being themselves wore the yellow star and they were marched into the gas cham- commemorated worldwide this week. still have prisoner numbers tattooed on bers. From the camp’s establishment in Two days from now, January 27, 2005, their arms. 1940 until its liberation, the ovens of

VerDate jul 14 2003 02:31 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.104 S25PT1 S428 CONGRESSIONAL RECORD — SENATE January 25, 2005 Auschwitz operated around the clock, incompetence, despite being under con- creasing frequency in the Middle East their smokestacks spewing the stench stant pressure to increase production. press, instead of being consigned, along of inhumanity across the countryside. Once, Gotfryd sprained his ankle so with its ideological sequel, Mein The Holocaust is a story of incompre- severely he could not walk and could Kampf, to the ash heap of literary his- hensible inhumanity, of an act of enor- barely stand. In most cases, this dis- tory. In some areas of Europe, the mity that passed all moral bounds and ability would have earned a prisoner a swastika replaces the letter ‘‘s’’ in entered the realm of pure evil. It also, spot on a train to a death camp. Again, anti-Israel and anti-American posters, however, is a story of incredible her- Herr Gruber seemed not to notice. bumper stickers and buttons. There is oism, of men and women who risked In the summer of 1944, Gotfryd dis- the absurd rumor that Jews in New their lives, many who sacrificed their covered a treasure in the pocket of his York City had advance warning of the lives, for others—not just family and work overalls: a sausage and a slab of September 11 attacks. The Holocaust friends, but often total strangers. real bread wrapped in newspaper. The itself, when not being denied, is at Some of these heroes are well known rare and delicious food nourished his least being diminished. to us: Raoul Wallenberg and Oskar body. The newspaper nourished his The answer is not to silence these Schlindler, to name just two. Some are soul, for it told of the Allied invasion despicable ideas but to respond to less known, but equally deserving of of Normandy. The meaning of this mes- them. We all have an obligation to his- mankind’s gratitude. The American sage was to hold on, salvation was on tory and to humanity to speak out, journalist Varian Fry, the beneficiary the way. Gotfryd knew the messenger loudly and without exception, to this of a privileged childhood and an Ivy could only have been Herr Gruber. perversion of the truth and this deg- League education, risked his life re- From where does this courage, this radation of civilization. peatedly spiriting 2,000 Jews out of oc- compassion, this self-sacrifice for total Julia Skalina is an Auschwitz sur- cupied France through the network he strangers come? None of us can say vivor, a native of Czechoslovakia who created of black-market funds, forged with certainty, but we all are blessed now lives in my home State, in the city documents and secret escape routes. In by its presence. of Portland. She is a frequent speaker 1941, in retaliation for an escape by On the other hand, the source of the at schools in Maine. These are her others, a group of Auschwitz prisoners hatred that led one of Europe’s great- words: ‘‘I learned what hatred can do, was lined up before a firing squad. At est powers to enact blatantly discrimi- what people driven by hatred can do. I the last moment, the Roman Catholic natory laws, then to revel in a night of wish any future generation should Priest Maximillian Kolbe voluntarily shattered windows, and finally to com- never have to live through what we stepped forward to take a father’s mit mass murder is known to us all too lived through.’’ That wish will come true only if we— place. well. It is that particularly virulent all of us—make it so. The horror of the The names of some heroes will never and persistent form of mindless bigotry Holocaust and the magnificence of the be known to us. In the weeks before the called anti-Semitism. human spirit that it revealed demand liberation, the Nazis began dismantling One would think that the stories of this of us. the machinery of death at Auschwitz in Holocaust survivors, the irrefutable order to hide their crimes. The gas evidence before our eyes for the last 60 f chambers and crematoria were dyna- years, the memorials at such places as COUNTRY OF ORIGIN LABELING mited, the mass graves were disguised, Auschwitz, and the debt we owe 6 mil- Mr. BURNS. Mr. President, yester- and the infamous March of Death lion victims would be more than day, along with my colleagues Sen- enough to eradicate this scourge. Trag- began. Nearly 60,000 prisoners, already ators JOHNSON, THOMAS, THUNE, BINGA- ically, Mr. President, that is not the weakened by hunger and illness, were MAN, and DORGAN, I introduced a bill on driven on foot across the harsh winter case. country-of-origin labeling. The bill countryside to camps within the Reich. Earlier this month, our State Depart- would accelerate the date of implemen- The penalty for failure to keep up was ment released a Report on Global Anti- tation of mandatory COOL, and expand summary execution. Semitism. This report is the result of labeling requirements to include proc- That also was the penalty for the the Global Anti-Semitism Review Act essed foods. people who offered food, water, and— of 2004, introduced by my distinguished Country-of-origin labeling is prob- whenever the opportunity arose—es- colleague from Ohio, Senator ably one of the most important issues cape when this sorrowful parade passed VOINOVICH. I am proud to have been a for cattle producers in Montana. They through their villages. One survivor of co-sponsor. raise the best beef in the world, and the March of Death, Jan Wygas, tells of To say that the findings of this re- they are proud of that. They want the a villager who approached his column port are discouraging is a gross under- American consumer to know that beef of prisoners with a bottle of water: statement. In country after country in the freezer case is ‘‘Made in the ‘‘Let them drink,’’ she said in German to around the world, there has been a U.S.A’’. the SS guards. ‘‘They are people, too.’’ She sharp increase in both the frequency Of course, I have supported country- gave the water to one of the prisoners. The and severity of anti-Semitic incidents of-origin labeling for many years, and I SS man yelled at her to move back. As she in the first years of the 21st Century. was glad to see it finally pass in 2002 turned to walk away, he shot her in the back Clearly, the lessons of the first half of when we passed the 2002 farm bill. But of the head. I saw this with my own eyes. the 20th are in danger of being forgot- since then, there have been some folks And yet, despite this brutality ten. who won’t rest until they dismantle heaped on top of brutality, the people These incidents are not just the ran- the program. The implementation has of the villages continued to offer aid, dom vandalism of Jewish cemeteries or been delayed, writing the rules has in Poland, in Silesia, even in Germany synagogues, or the occasional incident been delayed—well, I say enough is itself. of harassment or assault, and the per- enough. Mandatory COOL is the law of Indeed, there are stories of those petrators are not just neo-Nazis or the land. Let’s get it implemented. within the regime who resisted in skinheads on the fringe of society. The We need to get the country-of-origin whatever way they could. In his inspir- new strain of this disease combines an- labeling done. It needs to be done right, ing Holocaust memoir, ‘‘Anton the cient anti-Jewish prejudice with a new and it needs to be mandatory. Getting Dove Fancier,’’ Bernard Gotfryd tells demonization of the State of Israel and it done right is the key. I have a con- of the time in 1944 when he was sent as unbridled anti-Americanism, replete cern with the COOL law currently on a slave laborer to a German aircraft with Nazi comparisons and symbolism. the books. My legislation begins to fix plant. Like his co-workers, Gotfryd did In this new anti-Semitism, the extreme one part of that law. his best to be the worst worker pos- right and the extreme left have gone Right now, very little beef will actu- sible, turning out defective parts and around the bend so far that they now ally be labeled in the grocery stores. causing his machine to break down have joined forces. The law excludes over half of the beef constantly. His stern German super- We see evidence of this new anti- sold in this country. ‘‘Processed foods’’ visor, known only as Herr Gruber, Semitism all around us. The Protocols includes a big portion of the beef prod- seemed not to notice this widespread of the Elders of Zion is cited with in- ucts you and I are used to: Beef jerky,

VerDate jul 14 2003 02:31 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.041 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S429 sausage, marinated foods—all of these administration will include adequate BIN in introducing legislation that items would be excluded under the cur- food aid funding in that supplemental would rename the federal courthouse in rent COOL law. I want to see that proposal. Recent press reports suggest Sacramento, CA, in honor of recently fixed, and that is what my bill will do. they may be moving in that direction. deceased U.S. Representative Robert T. But I do not want mandatory COOL to If, however, the administration’s pro- Matsui. This represents a fitting trib- be delayed any longer. That is why my posed supplemental fails to provide ute to a great man and a dedicated legislation will implement the manda- adequate food aid funding, it is my in- public servant. tory COOL law, as it is written, 1 year tention to offer an amendment that On January 1, 2005, the people of the ahead of what the current law says, would essentially accomplish four Sacramento area, the State of Cali- and then direct USDA to work on in- things. fornia, and the Nation suffered a great cluding processed foods. First, my amendment would provide loss when Bob Matsui passed away. For Let me be clear. I want to see COOL full funding to meet U.S. food aid com- 26 years in Congress and 7 years before done right, but under no set of cir- mitments from the tsunami under PL– that as a member of the Sacramento cumstances do I support rolling back 480 title II. Second, my amendment City Council, Bob was a reasoned and country-of-origin labeling. COOL needs will replenish PL–480 title II develop- dependable voice. A problem solver, to be mandatory. We have tried a vol- ment funds that help meet our ongoing Bob was a thoughtful and constructive untary program for 2 years. No one has development programs across the leader who brought people together to participated. It is time for the packers globe. Third, it will shore up PL–480 find solutions to public policy issues. and the processors to realize that Mon- title I funds that have been used as a I had the distinct pleasure of working tana’s cow/calf producers want label- stop-gap measure to address the crisis. with Bob on a number of issues relat- ing. They want to tell consumers where And finally, it will replenish the Bill ing to our home State of California. I their beef comes from. I support that. I Emerson Humanitarian Trust, BEHT, will remember him as a great human have pushed for mandatory COOL for so that our aid workers and develop- being, as a trusted colleague, as a fine years, and I will continue to do so in ment personnel can be assured of ade- public servant, and someone in whom I this Congress. quate resources to carry out their im- was proud to place friendship, respect, f portant lifesaving work in future cri- and collegiality. ses. Proud of his ideals, Bob never let dis- TRIBUTE TO HOWARD The tsunami brought images of de- agreement lead to rancor. The sheer LIEBENGOOD struction and human suffering on a number of tributes paid from both sides Mr. WARNER. Mr. President, I today scale that is hard for many of us to of the aisle clearly demonstrates the pay tribute to my friend, Howard imagine. Americans responded with enormous respect he inspired among Liebengood, who died earlier this great generosity by committing un- his colleagues. Likewise, the tremen- month. Howard’s most recent service precedented funds through private do- dous outpouring of support shown at to the Senate was as Senator BILL nations. Some $50 million, I am told, services held in his honor reminds us FRIST’s Chief of Staff. I was privileged has been pledged through the American just how endeared he had become to to meet Howard when I came to the Red Cross alone. those he represented over the years. Senate 27 years ago, when he was our Federal workers and their coopera- Bob’s path to public service was Sergeant at Arms. Howard was a treas- tors in Washington and around the greatly fueled by experiences in his ured and invaluable member of the globe made an extraordinary effort to youth, especially his internment along Senate family who will be greatly respond. Food resources that were with thousands of other Japanese missed. prepositioned, and even some in tran- Americans during World War II. As I reflect on the privilege of serv- sit, were shifted to address this crisis. When he was just six months old, Bob ing my State and working with so For all their hard work and creativity, and his family were sent to an intern- many able and dedicated Senate staff- I commend them. ment camp in Northern California, ers, Howard Liebengood stands out as What concerns me now, however, is leaving behind their home and their one of the most effective members of how we proceed after the television livelihood. Bob would spend the first our Senate staff whose exemplary ca- networks scale back their coverage. four years of his life there. reer is testimony of his dedication to Enormous need will remain even after I think this experience had a very so- public service. the emergency is contained. It will be bering impact on his life. But rather Howard’s hallmark was his ever- months, perhaps years, before rice than let it lead to resentment and ha- present smile and vast knowledge of paddies are desalinated, fishing boats tred, I think it had an impact on his Senate practices and procedures. are rebuilt and fishing nets are re- knowing what he wanted to do with his His air of calm pervaded hot debates paired. Self-sufficiency will not happen life, and that was public service. on tough issues as he reminded us that overnight. And while the people most In fact, one of Bob’s most significant more challenging issues had been re- directly affected by the tsunami are legacies will be the work he did to help solved with less acrimony in days past. struggling to achieve a measure of self- the Government make amends with the His outstanding record of service will sufficiency, the dire need for food aid Japanese Americans who were interned stand as an everlasting manual from continues in places such as Ethiopia like himself. which present and future generations and Sudan and many others. That is As a member of Congress, Bob was of Senate staffers can learn. Howard why I believe it is so critical that we successful in passing legislation that made the Senate a better place to work reinforce our food aid capacity. offered a formal apology from the Gov- and our Nation a better place to live. In his inaugural address, the Presi- ernment for the internment program His enormous contributions over his dent spoke forcefully about ending tyr- and provided compensation to victims. lengthy career will be remembered and anny and spreading democracy. Every- This is a great legacy and it will be re- cherished by his colleagues. one shares those objectives. We also membered well. My staff joins me in sending our know that those objectives cannot be Bob also excelled in his knowledge deepest sympathy to the Liebengood achieved solely by force or gesture pol- and expertise of Social Security as well family. itics. They demand a commitment to as tax and trade policy. He had an in- f diplomacy and human compassion. fluential place on the House Ways and Adequate funding for food aid is cen- Means Committee, which will miss his FOOD AID FUNDING tral to that process, and I invite my leadership. Mr. KOHL. Mr. President, very soon colleagues to join me in this effort. The Sacramento area, where Bob was the administration is expected to send f born and which he represented for over to Congress supplemental appropria- three decades in public office, shows tion requests to address ongoing mili- ROBERT T. MATSUI UNITED numerous examples of Bob’s achieve- tary needs in Iraq and the humani- STATES COURTHOUSE ments. From the light-rail train sys- tarian crisis posed by the tsunami in Mrs. FEINSTEIN. Mr. President, I tem to comprehensive flood protection, the Indian Ocean. My hope is that the have joined Senators BOXER and DUR- Bob’s mark is everywhere.

VerDate jul 14 2003 02:31 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.043 S25PT1 S430 CONGRESSIONAL RECORD — SENATE January 25, 2005 The renaming of this particular tainly paid off. I am pleased that the from the Congressional Medal of Honor courthouse in Bob’s honor is especially Red Rover Marching Band represented Society. In 1996, he received the Thom- fitting. During his career in Congress, our Commonwealth and specifically as Cahill Leadership Award and the Bob was instrumental in obtaining Easton, Pennsylvania on such an his- Jewish National Fund Tree of Life more than $142 million in federal fund- toric day in our Nation’s history.∑ Award. Fred has also been honored ing for the courthouse. f with the Annual Business Leadership Bob did what he did extraordinarily Award from LaSalle University; the REMEMBERING G. FRED DIBONA, well. Throughout his career he showed Good Scout Award for the Cradle of JR. that he was a skilled politician as well Liberty Council, Boy Scouts of Amer- as a great policymaker. His constitu- ∑ Mr. SANTORUM. Mr. President, ica; the 95th Annual Whitney M. Young ents considered themselves lucky to today I reflect on the loss of a dear Jr. Leadership Award from the Urban have his representation, and I consider friend. On January 11, 2005, G. Fred League of Philadelphia; and the 50th myself lucky to have known him. DiBona, Jr. passed away after a 15- annual Business Leader of the Year Through his many accomplishments, month battle with cancer. I have award from Drexel University. Bob Matsui secured his legacy of de- known Fred for more than 11 years and Despite his numerous accolades, Fred voted public service. I offer my grati- have developed a close relationship was an extremely humble man and a tude for his service and support this with Fred and his family. The DiBona positive role model to others. I was legislation in his honor. family has suffered a tremendous loss, proud to have Fred serve as my first fi- nance chairman in my 1994 race for the f and I offer them my condolences and deepest sympathy during this difficult Senate. It was during that time that ADDITIONAL STATEMENTS time. we began to develop a close relation- On February 20, 1951, G. Fred DiBona, ship. Jr. was born in South Philadelphia to Fred not only leaves behind a legacy, CONGRATULATIONS TO THE RED Common Pleas Court Judge, G. Fred but also a wonderful family. Fred was a ROVER MARCHING BAND DiBona and the former Rose D’Amico. loving husband to Sylvia and father to ∑ Mr. SANTORUM. Mr. President, Fred Jr. was raised in Philadelphia, Fred and Christine. My thoughts and President George W. Bush’s inaugura- and went on to graduate from South prayers are with the DiBona family tion ceremony was truly a spectacular Philadelphia High School and Davis during the days and months ahead.∑ event. The sights and sounds that thou- and Elkins College. He also received a f sands of Americans witnessed on law degree from the Delaware School CARROLL COLLEGE FIGHTING Thursday, January 20, 2005, will remain of Law. SAINTS in their minds forever. At the age of 25, Fred became chair- ∑ The 243 students of the Easton High man of the Philadelphia Zoning Board Mr. BURNS. Mr. President, with School Red Rover Marching Band in of Adjustment. After a three-year post great pride and admiration I honor the Easton, PA, however, will have the with the Zoning Board, Fred served as Carroll College football team, better lasting memory of marching up Penn- President of the Philadelphia Port Cor- known as the Fighting Saints who, on December 18, 2004, defeated the Univer- sylvania Avenue to the White House to poration, President of the Greater sity of St. Francis Cougars to win their perform for the President and First Philadelphia Chamber of Commerce, third consecutive NAIA football cham- Lady. and finally as President and Chief Ex- pionship. Carroll is the first team to The Presidential inauguration is not ecutive Officer of Independence Blue achieve this feat since Texas A & I ac- only a time to peacefully celebrate a Cross. complished it in 1974–1976. transition of power, but it is a time for With vision and confidence, Fred St. Francis was leading 13–12 with students and bands from all over the completely revolutionized Independ- just 1:13 left to play in the game and 89 nation to perform for the President and ence Blue Cross. He devoted a great long yards for Carroll College. Without the First Lady. As bystanders and deal of time and energy to Independ- a timeout remaining, quarterback thousands across the country watched ence Blue Cross, and implemented a vi- Tyler Emmert drove the Saints within the inaugural parade, the performers sion of trustworthy insurance service field goal range and with ten seconds put a face and familiarity to such a to his customers for many years. on the clock to spare, which gave fresh- momentous event. Throughout his career, Fred worked men kicker Marcus Miller an oppor- Prior to the inauguration, on Tues- vigorously and tirelessly in the pursuit tunity to kick a 32-yard field goal. day, January 18th, 2005, I had the op- of excellence, and I am grateful for the Along with the honor of being na- portunity to meet with the students of many years of service he provided to tional champions, quarterback Tyler the Red Rover Marching Band and to his community. Emmert was named the offensive MVP listen as they practiced for their inau- Fred will also be remembered for his of the NAIA All-American Team. Four gural performance. The Red Rover community activism and willingness to other team members of the Fighting Marching Band was chosen out of 300 serve on several boards and councils. Saints were also named to the NAIA bands from across the nation. In our Specifically, he served consecutive All-American Team and two received meeting, I could feel the excitement of terms as chairman of the Blue Cross honorable mentions. This great team is these high school students as they pre- and Blue Shield Association, the coun- led by head coach Mike Van Diest who pared for the opportunity to display try’s largest association of private was named 2003 NAIA National Coach their talents and participate in such an health insurers. He is also a former of the Year and Frontier Conference important event. It brings a great member of the Harvard Health Policy Coach of the Year. Van Diest also re- sense of pride to the residents of Eas- and Management Executive Council, a ceived the Frank Leahy Coach of the ton and to all Pennsylvanians that the group at the Harvard School of Public Year Award and the Johnny Vaught Red Rover Marching Band was selected Health. Fred also served on the boards Head Coach Award, both presented by to represent the musical talents of of Aqua America Inc., Crown Holdings the All-American Football Foundation. Pennsylvania youth in the inaugural Inc., Exelon Corporation, The GEO The Carroll College football team was parade. Group, Inc., and Tasty Baking Com- well represented on the 2004 NAIA All- It is a great honor for the Red Rover pany. Fred’s involvement in civic orga- American squad with five players mak- Marching Band to participate in such a nizations, including the Peter Nero and ing the first team. The Saints placed dramatic event of pomp and cir- Philly Pops Board, displayed his dedi- three players on offense—lineman Kyle cumstance. I am thankful for the time cation as a professional to his commu- Baker, quarterback Tyler Emmert and that they put in practicing and review- nity. wide receiver Kevin McCutcheon. Line- ing their song selection. They should It is noticeable by the several awards backer Gary Cooper and defensive line- be proud to be among the many other that Fred received over the years that man Kevin Cicero were named to the top-notch bands that performed before his dedication to service graced his first-team defense. the President and First Lady in the In- community tremendously. In 1995 Fred On this outstanding Carroll team, 23 augural Parade. Their hard work cer- received the National Patriot’s Award of the 52 players had never been to a

VerDate jul 14 2003 02:31 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.106 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S431 championship game before. This vic- of Jewish culture, and to expressing Fortunately, in the decades since tory must be credited to all of the Jewish community concerns about then, innovators like Ray Stata and players on this fine team. At this time Jewish life in Santa Clara County, the Matthew Lorber, began to launch the I would like to submit a full roster of United States, Israel and throughout industries of the future in our State, the Fighting Saints to be printed for the world. including information technology, the RECORD of the Senate following my Over the past 75 years, JFSV has ex- electronics, and biomedicine. We still statement. panded greatly, and now offers a wide face significant economic challenges, Carroll College is not known just for variety of programs to its members. as all States do. But we take great their football program. U.S. News and The Silicon Valley Young Adults Divi- pride in reports that consistently place World Report ranked Carroll College as sion offers educational and social pro- us among the most economically com- the Fourth Best Western Regional grams to members ages 25–40. The petitive regions of the country, and we Comprehensive College in America’s Women’s Philanthropy Division focuses are hopeful about our future. Best Colleges for 2005. The Talking on community-building, educational, The Analog Devices team has a great Saints forensics team is ranked in the social, and cultural enrichment for deal to celebrate as they conclude their top five of all universities and colleges women, while offering great net- 40th year, including several note- in the United States. Their Nursing De- working opportunities to women mem- worthy recent accomplishments. partment uses state-of-the-art tech- bers. Blue Knot, the Jewish Tech- Analog Devices was recognized by its nology including a $30,000 simulated nology Initiative, creates opportunities industry peers in the Massachusetts patient, the most advanced of its kind for Jewish professionals in the tech- Telecommunications Council as State and the only one in the state of Mon- nology sector to exchange ideas and ex- Telecom Company of the Year in 2004. tana. Nine faculty members received pand networks. Jerald G. Fishman was named CEO of Fulbright Scholarships, which con- JFSV is based on the caring philoso- the Year in 2004 by Electronic Business tinues to add to the school’s excellent phies of Klal Yisrael, the responsibility magazine, a prestigious industry publi- reputation. The ABET, Accreditation of each Jew for another, and Tikun cation with a large circulation among Board for Engineering and Technology, Olam, repairing the world through so- electronic industry executives. recently presented Carroll College with cial action. JFSV has mentored many In 2001, in recognition of his enor- its Innovation Award in recognition of members who have dedicated them- mous contributions and commitment the creative way that they combined selves to community service in Silicon to education, the United States Semi- their engineering and mathematics Valley and the Greater Bay Area. conductor Industry Association hon- curriculums. Through its outreach, JFSV has suc- ored Ray Stata with the prestigious I congratulate the three-time na- cessfully enhanced social and civic par- Robert N. Noyce Award. tional champions and the fine edu- ticipation in the Silicon Valley com- The strong foundation laid by Analog cational institution of Carroll College. munity. Devices in its first 40 years will bring Carroll College 2004 Football Roster, The Jewish Federation of Silicon decades more of creativity, innovation, 51-man playoff roster: Valley’s service to the Jewish commu- prosperity, and investment to our A.J. Porrini, Mike Pancich, Seamus nity, both in Santa Clara County and State, and I congratulate this out- Mohillo, Justin Rigen, Mark Esponda, Cody nationwide, is truly inspiring. I con- standing company for it’s done so Zimmerman, Marcus Miller, Andy Johnson, gratulate the Jewish Federation of Sil- well.∑ John Barnett, Matt Thomas, Dustin icon Valley on their 75th anniversary f Michaelis, Tyler Emmert, Kevin and wish them another 75 years of suc- McCutcheon, Jed Thomas, Regan Mack, Zach ∑ Thiry, Nick Milodragovich, Josh Schmidt, cess. EXECUTIVE AND OTHER Zach Bumgarner, Austin Hall, T.J. Lehman, f COMMUNICATIONS Jayce Peavler, Ryan Grosulak, Mike Mad- 40TH ANNIVERSARY OF ANALOG The following communications were dox, Gary Cooper, Ellis Beckwith, Nick DEVICES, INC. laid before the Senate, together with Bradeen, C.J. Bugas, Jeff Pasha, Phil accompanying papers, reports, and doc- Lenoue, Dan Mazurek, Kyle Baker, Kyle Cic- ∑ Mr. KENNEDY. Mr. President, I wel- uments, and were referred as indicated: ero, Jason Ostler, Devin Wolf, Bryson Pelc, come this opportunity to recognize a Sam Morton, Kevin Cicero, Nick Hammond, significant milestone in the life of a EC–101. A message from the President of Paul Barnett, Tom Boyle, Scott Holbrook, truly innovative Massachusetts com- the United States, transmitting, pursuant to law, the report of the continuation of the na- Kendall Selle, Casey Crites, Nick Colasurdo, pany. On January 18, Analog Devices, Mike Donovan, John Klaboe, Andrew Dav- tional emergency with respect to terrorists enport, Jeff Shirley, and Chris Ramstead. Inc., of Norwood, MA celebrated its who threaten to disrupt the Middle East President: Dr. Tom Trebon. 40th anniversary. peace process; to the Committee on Banking, Athletic Director: Bruce M. Parker. The firm was founded in 1965 by two Housing, and Urban Affairs. Head Coach: Mike Van Diest. M.I.T. graduates, Ray Stata and Mat- EC–102. A communication from the Deputy Assistant Coaches: Nick Howlett, Jim thew Lorber. It is now the world’s larg- Secretary, Department of the Treasury, Hogan, Mike McMahon, Kyle Mihelish, Gary est supplier of some of the key data transmitting, pursuant to law, the periodic Guthmiller, Mark Gallik, Mark Lenhardt, converters and amplifiers used in near- report on the national emergency with re- Jarod Wirt, Daryl Wilkerson. spect to the risk of nuclear proliferation cre- Student Coaches: Mike Mahoney, Tyler Pe- ly every form of electronic communica- ated by the accumulation of weapons-usable terson.∑ tions equipment. fissile material in the territory of the Rus- f Its earnings place it in the top 10 sian Federation that was declared in Execu- among companies in Massachusetts, tive Order 13159 of June 21, 2000; to the Com- CELEBRATION OF THE 75TH ANNI- and it has manufacturing plants and mittee on Banking, Housing, and Urban Af- VERSARY OF THE JEWISH FED- technology design centers in Massachu- fairs. ERATION OF SILICON VALLEY setts and nine other States, including EC–103. A communication from the Deputy ∑ Mrs. BOXER. Mr. President, I take Arizona, California, New Hampshire, Secretary, Department of the Treasury, transmitting, pursuant to law the periodic this opportunity to recognize the 75th New Jersey, North Carolina, Oregon, report on the national emergency with re- anniversary of the Jewish Federation Texas, Utah, and Washington, as well spect to the Western Balkans that was de- of Silicon Valley. as 11 other countries. clared in Executive Order 13219 of June 26, In 1930, the Jewish Federation of Sil- Analog Devices has been in the van- 2001; to the Committee on Banking, Housing, icon Valley, JFSV, was incorporated guard of the innovation revolution that and Urban Affairs. into the national Jewish Federation has transformed the economy of Massa- EC–104. A communication from the Deputy system to promote philanthropic and chusetts, and that continues to shape Secretary, Department of the Treasury, humanitarian activities in Santa Clara the economic future of this country. transmitting, pursuant to law, a final peri- County. For 75 years, JFSV has served When I first came to the Senate, our odic report on the national emergency with respect to Libya that was declared in Execu- as a focal point for the Jewish commu- State economy was characterized by a tive Order 12543 of January 7, 1986, and termi- nity in Silicon Valley. With a member- reliance on older industries, many of nated in Executive Order 13357 of September ship of over 13,000, the JFSV is com- which migrated South, and then over- 20, 2004; to the Committee on Banking, Hous- mitted to preservation and enrichment seas. ing, and Urban Affairs.

VerDate jul 14 2003 02:31 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.110 S25PT1 S432 CONGRESSIONAL RECORD — SENATE January 25, 2005 EC–105. A communication from the Chief to the Committee on Banking, Housing, and for the position of Assistant Secretary for Financial Officer, Department of Housing Urban Affairs. Policy Development and Research, received and Urban Development, transmitting, pur- EC–116. A communication from the Assist- on December 31, 2004; to the Committee on suant to law, the Department of Housing and ant General Counsel, Office of Housing, De- Banking, Housing, and Urban Affairs. Urban Development’s report on its competi- partment of Housing and Urban Develop- EC–126. A communication from the Deputy tive sourcing efforts for FY 2004; to the Com- ment, transmitting, pursuant to law, the re- General Counsel, Department of Housing and mittee on Banking, Housing, and Urban Af- port of a rule entitled ‘‘Prohibition of Prop- Urban Development, transmitting, pursuant fairs. erty Flipping in HUD’s Single Family Mort- to law, the report of a nomination confirmed EC–106. A communication from the Regu- gage Insurance Programs; Additional Excep- for the position of Deputy Secretary, re- latory Specialist, Comptroller of the Cur- tions to Time Restrictions on Sales’’ ceived on December 31, 2004; to the Com- rency, Department of the Treasury, trans- (RIN2502–AI18) received on January 24, 2005; mittee on Banking, Housing, and Urban Af- mitting, pursuant to law, the report of a rule to the Committee on Banking, Housing, and fairs. entitled ‘‘Proper disposal of Consumer Infor- Urban Affairs. EC–127. A communication from the Deputy mation Under the Fair and Accurate Credit EC–117. A communication from the Assist- General Counsel, Department of Housing and Transactions Act of 2003’’ (RIN1557–AC84) re- ant General Counsel, Office of Housing, De- Urban Development, transmitting, pursuant ceived on January 13, 2005; to the Committee partment of Housing and Urban Develop- to law, the report of a nomination confirmed on Banking, Housing, and Urban Affairs. ment, transmitting, pursuant to law, the re- for the position of Chief Financial Officer, EC–107. A communication from the General port of a rule entitled ‘‘Home Equity Conver- received on December 31, 2004; to the Com- Counsel, Federal Emergency Management sion Mortgage (HECM) Program: Insurance mittee on Banking, Housing, and Urban Af- Agency, Department of Homeland Security, for Mortgages to Refinance Existing HECMs fairs. transmitting, pursuant to law, the report of and Reduced Initial Mortgage Insurance Pre- EC–128. A communication from the Sec- a rule entitled ‘‘Final Flood Elevation Deter- miums (MIP)’’ (RIN2502–AH63) received on retary of the Treasury, transmitting, pursu- minations (69 FR 70192)’’ (44 CFR 67) received January 5, 2005; to the Committee on Bank- ant to law, the Financial Report of the on January 5, 2005; to the Committee on ing, Housing, and Urban Affairs. United States Government for Fiscal Year Banking, Housing, and Urban Affairs. EC–118. A communication from the Assist- 2004; to the Committee on Banking, Housing, EC–108. A communication from the General ant General Counsel, Office of Housing, De- and Urban Affairs. EC–129. A communication from the Chair- Counsel, Federal Emergency Management partment of Housing and Urban Develop- man and President of the Export-Import Agency, Department of Homeland Security, ment, transmitting, pursuant to law, the re- Bank of the United States, transmitting, transmitting, pursuant to law, the report of port of a rule entitled ‘‘Modification of the pursuant to law, the report of a transaction a rule entitled ‘‘Changes in Flood Elevation Community Development Block Grant for involving exports to Egypt; to the Com- Determinations (69 FR 71718)’’ (44 CFR 65) re- Metropolitan City and Other Conforming mittee on Banking, Housing, and Urban Af- ceived on January 5, 2005; to the Committee Amendments’’ (RIN2506–AC15) received on fairs. on Banking, Housing, and Urban Affairs. January 5, 2005; to the Committee on Bank- EC–130. A communication from the Direc- EC–109. A communication from the General ing, Housing, and Urban Affairs. tor of the Office of Federal Housing Enter- Counsel, Federal Emergency Management EC–119. A communication from the Assist- prise Oversight, transmitting a report on the Agency, Department of Homeland Security, ant General Counsel, Office of Housing, De- standard of reasonable assurance pertaining transmitting, pursuant to law, the report of partment of Housing and Urban Develop- to the effectiveness of its internal manage- a rule entitled ‘‘Changes in Flood Elevation ment, transmitting, pursuant to law, the re- ment controls during Fiscal Year 2004; to the Determinations (69 FR 72128)’’ (44 CFR 65) re- port of a rule entitled ‘‘Distribution of Tax Committee on Banking, Housing, and Urban ceived on January 5, 2005; to the Committee Credit Proceeds’’ (RIN2502–AH91) received on Affairs. on Banking, Housing, and Urban Affairs. January 5, 2005; to the Committee on Bank- EC–131. A communication from the Deputy EC–110. A communication from the General ing, Housing, and Urban Affairs. Secretary of the Treasury, transmitting, Counsel, Federal Emergency Management EC–120. A communication from the Assist- pursuant to law, the periodic report on the Agency, Department of Homeland Security, ant General Counsel, Office of Housing, De- national emergency with respect to the De- transmitting, pursuant to law, the report of partment of Housing and Urban Develop- velopment Fund for Iraq that was declared in a rule entitled ‘‘Final Flood Elevation Deter- ment, transmitting, pursuant to law, the re- Executive Order 13303 of May 22, 2003; to the minations (69 FR 70191)’’ (44 CFR 67) received port of a rule entitled ‘‘HOME Investment Committee on Banking, Housing, and Urban on January 5, 2005; to the Committee on Partnerships Program; Amendments to Affairs. Banking, Housing, and Urban Affairs. Homeownership Affordability Require- EC–132. A communication from the Deputy EC–111. A communication from the General ments’’ (RIN2501–AD06) received on January Secretary of the Treasury, transmitting, Counsel, Federal Emergency Management 5, 2005; to the Committee on Banking, Hous- pursuant to law, the report on the national Agency, Department of Homeland Security, ing, and Urban Affairs. emergency with respect to Burma that was transmitting, pursuant to law, the report of EC–121. A communication from the General declared in Executive Order 13046 of May 20, a rule entitled ‘‘Final Flood Elevation Deter- Counsel, National Credit Union Administra- 1997; to the Committee on Banking, Housing, minations (69 FR 72131)’’ (44 CFR Part 67) re- tion, transmitting, pursuant to law, the re- and Urban Affairs. ceived on January 5, 2005; to the Committee port of a rule entitled ‘‘12 CFR Part 747 Civil EC–133. A communication from the Deputy on Banking, Housing, and Urban Affairs. Monetary Penalty Inflation Adjustment’’ re- Secretary, Securities and Exchange Commis- EC–112. A communication from the General ceived on January 24, 2005; to the Committee sion, transmitting, pursuant to law, the re- Counsel, Federal Emergency Management on Banking, Housing, and Urban Affairs. port of a rule entitled ‘‘Registration Under Agency, Department of Homeland Security, EC–122. A communication from the General the Advisers Act of Certain Hedge Fund Ad- transmitting, pursuant to law, the report of Counsel, National Credit Union Administra- visers’’ (RIN3235–AJ25) received on December a rule entitled ‘‘Changes in Flood Elevation tion, transmitting, pursuant to law, the re- 8, 2004; to the Committee on Banking, Hous- Determinations (69 FR 70185)’’ (44 CFR 67) re- port of a rule entitled ‘‘12 CFR 717.83 Fair ing, and Urban Affairs. ceived on January 5, 2005; to the Committee Credit Reporting—Disposal of Consumer In- EC–134. A communication from the Deputy on Banking, Housing, and Urban Affairs. formation; 12 CFR 748.0—Security Program ; Secretary, Securities and Exchange Commis- EC–113. A communication from the General 12 CFR Part 748, appendix A—Guidelines for sion, transmitting, pursuant to law, the re- Counsel, Federal Emergency Management Safeguarding Member Information’’ received port of a rule entitled ‘‘Disposal of Consumer Agency, Department of Homeland Security, on January 24, 2005; to the Committee on Report Information’’ (RIN3235–AJ24) received transmitting, pursuant to law, the report of Banking, Housing, and Urban Affairs. on December 3, 2004; to the Committee on a rule entitled ‘‘Suspension of Community EC–123. A communication from the Deputy Banking, Housing, and Urban Affairs. Eligibility (69 FR 70377)’’ (44 CFR part 64) re- Secretary, Securities and Exchange Commis- EC–135. A communication from the Direc- ceived on ; to the Committee on Banking, sion, transmitting, pursuant to law, the re- tor of Legislative Affairs, Federal Deposit Housing, and Urban Affairs. port of a rule entitled ‘‘Asset-Backed Securi- Insurance Corporation, transmitting, pursu- EC–114. A communication from the General ties’’ (RIN3235–AF74) received on January 13, ant to law, the report of a rule entitled ‘‘De- Counsel, Federal Emergency Management 2005; to the Committee on Banking, Housing, posit Insurance Assessments—Certified Agency, Department of Homeland Security, and Urban Affairs. Statements’’ received on December 31, 2004; transmitting, pursuant to law, the report of EC–124. A communication from the Deputy to the Committee on Banking, Housing, and a rule entitled ‘‘Final Flood Elevation Deter- General Counsel, Department of Housing and Urban Affairs. minations (69 FR 71721)’’ (44 CFR Part 67) re- Urban Development, transmitting, pursuant EC–136. A communication from the Senior ceived on January 5, 2005; to the Committee to law, the report of a nomination confirmed Paralegal, Office of Thrift Supervision, De- on Banking, Housing, and Urban Affairs. for the position of Assistant Secretary for partment of the Treasury, transmitting, pur- EC–115. A communication from the Assist- Public Affairs, received on December 31, 2004; suant to law, the report of a rule entitled ant General Counsel, Office of Housing, De- to the Committee on Banking, Housing, and ‘‘Rules of Practice and Procedure in Adju- partment of Housing and Urban Develop- Urban Affairs. dicatory Proceedings; Civil Money Penalty ment, transmitting, pursuant to law, the re- EC–125. A communication from the Deputy Inflation Adjustment’’ (RIN1550–AB95) re- port of a rule entitled ‘‘Revisions to FHA General Counsel, Department of Housing and ceived on December 17, 2004; to the Com- Credit Watch Termination Initiative’’ Urban Development, transmitting, pursuant mittee on Banking, Housing, and Urban Af- (RIN2502–AH60) received on January 24, 2005; to law, the report of a nomination confirmed fairs.

VerDate jul 14 2003 03:08 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.045 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S433 EC–137. A communication from the Senior EC–147. A communication from the Assist- EC–158. A communication from the Direc- Paralegal, Office of Thrift Supervision, De- ant General Counsel, Office of Housing, De- tor of the Peace Corps, transmitting, pursu- partment of the Treasury, transmitting, pur- partment of Housing and Urban Develop- ant to law, the report on the Office of the In- suant to law, the report of a rule entitled ment, transmitting, pursuant to law, the re- spector General for the period April 1, 2004, ‘‘EGRPRA Regulatory Review—Application port of a rule entitled ‘‘FHA TOTAL Mort- through September 30, 2004; to the Com- and Reporting Requirements’’ (RIN1550– gage Scorecard’’ (RIN2502–AI00) received on mittee on Homeland Security and Govern- AB93) received on December 17, 2004; to the January 3, 2005; to the Committee on Bank- mental Affairs. Committee on Banking, Housing, and Urban ing, Housing, and Urban Affairs. EC–159. A communication from the Chair- Affairs. EC–148. A communication from the Deputy man, Federal Trade Commission, transmit- EC–138. A communication from the Chief General Counsel, Government Contracting ting, pursuant to law, the report on the Of- Counsel of Foreign Assets Control, Depart- and Business Development, Small Business fice of Inspector General from the period ment of the Treasury, transmitting, pursu- Administration, transmitting, pursuant to ending September 30, 2004; to the Committee ant to law, the report of a rule entitled ‘‘31 law, the report of a rule entitled ‘‘Small on Homeland Security and Governmental Af- CFR Parts 515, 538 and 560: Cuban Assets Business Government Contracting Programs; fairs. Control Regulations; Sudanese Sanctions Subcontracting (and Correction)’’ (RIN3245– EC–160. A communication from the Federal Regulations; Iranian Assets Control Regula- AF12); to the Committee on Small Business Co-Chair, Appalachian Regional Commis- tions’’ received on December 17, 2004; to the and Entrepreneurship. sion, transmitting, pursuant to law, the re- Committee on Banking, Housing, and Urban EC–149. A communication from the Deputy port on the Office of Inspector General for Affairs. Assistant Administrator, Drug Enforcement the period April 1, 2004, through September EC–139. A communication from the Assist- Administration, Department of Justice, 30, 2004; to the Committee on Homeland Se- ant Secretary for Export Administration, transmitting, pursuant to law, the report of curity and Governmental Affairs. Bureau of Industry and Security Administra- a rule entitled ‘‘Exemption of Chemical Mix- EC–161. A communication from the Attor- tion, Department of Commerce, transmit- tures’’ (RIN1117–AA31) received on January 5, ney General, transmitting, pursuant to law, ting, pursuant to law, the report of a rule en- 2005; to the Committee on the Judiciary. the Semiannual Management Report to Con- titled ‘‘Entity List: Removal of Four Rus- EC–150. A communication from the Deputy gress: April 1, 2004 through September 30, sian Entities’’ (RIN0694–AD12) received on Chief, Regulations and Procedures Division, 2004, and the Semiannual Report to Congress December 6, 2004; to the Committee on Bank- Alcohol and Tobacco Tax and Trade Bureau, by the Office of the Inspector General for the ing, Housing, and Urban Affairs. transmitting, pursuant to law, the report of same period; to the Committee on Homeland EC–140. A communication from the Assist- a rule entitled ‘‘Establishment of the Security and Governmental Affairs. EC–162. A communication from the Admin- ant Secretary, Division of Corporate Fi- Yamhill-Carlton District Viticultural Area’’ istrator, General Services Administration, nance, Securities and Exchange Commission, (RIN1513–AA59) received on January 5, 2005; transmitting, pursuant to law, the semi- transmitting, pursuant to law, the report of to the Committee on the Judiciary. annual report on Office of Inspector General a rule entitled ‘‘Temporary Postponement of EC–151. A communication from the Deputy auditing activity, and the report providing Final Phase-In Period for Acceleration of Chief, Regulations and Procedures Division, management’s perspective on the implemen- Periodic Reports’’ (RIN3235–AJ30) received Alcohol and Tobacco Tax and Trade Bureau, tation status of audit recommendations; to on December 8, 2004; to the Committee on transmitting, pursuant to law, the report of the Committee on Homeland Security and Banking, Housing, and Urban Affairs. a rule entitled ‘‘Establishment of the South- Governmental Affairs. EC–141. A communication from the Assist- ern Oregon Viticultural Area (2002R–38P)’’ EC–163. A communication from the Admin- ant Secretary, Division of Market Regula- (RIN1513–AA75) received on January 5, 2005; istrator, General Services Administration, tion, Securities and Exchange Commission, to the Committee on the Judiciary. transmitting, pursuant to law, the report on transmitting, the report of a rule entitled EC–152. A communication from the General Fiscal Year 2004 Annual Performance and ‘‘Rule 17Ad–20: Issuer Restrictions and Prohi- Counsel, Executive Office for Immigration Accountability; to the Committee on Home- bitions to or from Securities Intermediaries’’ Review, Department of Justice, transmit- land Security and Governmental Affairs. (RIN3235–AJ26) received on December 8, 2004; ting, pursuant to law, the report of a rule en- EC–164. A communication from the Chair, to the Committee on Banking, Housing, and titled ‘‘Execution of Removal Orders: Coun- Equal Employment Opportunity Commis- Urban Affairs. tries to Which Aliens May be Removed’’ sion, transmitting, pursuant to law, the re- EC–142. A communication from the Assist- (RIN1125–AA50) received on January 24, 2005; port on the Office of Inspector General for ant to the Federal Reserve Board, transmit- to the Committee on the Judiciary. the period ended September 30, 2004; to the ting, pursuant to law, the report of a rule en- EC–153. A communication from the Deputy Committee on Homeland Security and Gov- titled ‘‘12 CFR Parts 208, 211, 222, and 225: Assistant Administrator, Drug Enforcement ernmental Affairs. Proper Disposal of Consumer Information Agency, Department of Justice, transmit- EC–165. A communication from the Acting Under the Fair and Accurate Credit Trans- ting, pursuant to law, the report of a rule en- Director, Office of Government Ethics, trans- actions Act of 2003’’ received on January 3, titled ‘‘Recordkeeping and Reporting Re- mitting, pursuant to law, the report on Fis- 2005; to the Committee on Banking, Housing, quirements for Drug Products Containing cal Year 2004; to the Committee on Home- and Urban Affairs. Gamma-Hydroxybutyric Acid (GHB)’’ land Security and Governmental Affairs. EC–143. A communication from the Assist- (RIN1117–AA71) received on January 24, 2005; EC–166. A communication from the Execu- ant to the Board of Governors of the Federal to the Committee on the Judiciary. tive Director, National Capitol Planning Reserve System, transmitting, pursuant to EC–154. A communication from the Under Commission, transmitting, pursuant to law, law, the report of a rule entitled ‘‘Regulation Secretary and Director of the United States the report on competitive sourcing initia- C (Home Mortgage Disclosure)’’ received on Patent Office, transmitting, pursuant to law, tives in Fiscal Year 2004; to the Committee January 3, 2005; to the Committee on Bank- the report of a rule entitled ‘‘Changes to Im- on Homeland Security and Governmental Af- ing, Housing, and Urban Affairs. plement the Cooperative Research and Tech- fairs. EC–144. A communication from the Assist- nology Enhancement Act of 2004’’ (RIN0651– EC–167. A communication from the Chair- ant General Counsel for Regulations, Depart- AB76) received on January 13, 2005; to the man, Board of Governors, United States ment of Housing and Urban Development, Committee on the Judiciary. Postal Service, transmitting, pursuant to transmitting, pursuant to law, the report of EC–155. A communication from the Under law, the Board’s report under the Govern- a rule entitled ‘‘Implementation of Require- Secretary and Director of the United States ment in the Sunshine Act for the calendar ment in HUD Programs for Use of Data Uni- Patent and Trademark Office, transmitting, year 2004; to the Committee on Homeland Se- versal Numbering System (DUNS) Identi- pursuant to law, the report of a rule entitled curity and Governmental Affairs. fier’’ (RIN2501–AD01) received on January 3, ‘‘Changes in Fees for Filing Applications for EC–168. A communication from the Direc- 2005; to the Committee on Banking, Housing, Trademark Registration’’ (RIN0651–AB83) re- tor, Office of Personnel Management, trans- and Urban Affairs. ceived on January 13, 2005; to the Committee mitting, pursuant to law, the report on com- EC–145. A communication from the General on the Judiciary. petitive sourcing accomplishments for Fiscal Counsel, National Credit Union Administra- EC–156. A communication from the Direc- Year 2004; to the Committee on Homeland tion, transmitting, pursuant to law, the re- tor, Office of Personnel Management, trans- Security and Governmental Affairs. port of a rule entitled ‘‘12 CFR Part 723: mitting, pursuant to law, the Semiannual EC–169. A communication from the Deputy Member Business Loans’’ received on Janu- Report of the Inspector General and the Secretary of Defense, transmitting, pursuant ary 3, 2005; to the Committee on Banking, Management Response for the period of April to law, the report on the Office of Inspector Housing, and Urban Affairs. 1, 2004 to September 30, 2004; to the Com- General for the period April 1, 2004, through EC–146. A communication from the Assist- mittee on Homeland Security and Govern- September 30, 2004; to the Committee on ant General Counsel, Office of Public and In- mental Affairs. Homeland Security and Governmental Af- dian Housing, Department of Housing and EC–157. A communication from the Sec- fairs. Urban Development, transmitting, pursuant retary of Housing and Urban Development, EC–170. A communication from the Direc- to law, the report of a rule entitled ‘‘PHA transmitting, pursuant to law, the report of tor, Office of Personnel Management, trans- Discretion in Treatment of Over-Income the Office of Inspector General for the period mitting the report on the Federal Senior Ex- Families’’ (RIN2577–AC42) received on Janu- April 1, 2004 through September 30, 2004; to ecutive Service Candidate Development Pro- ary 3, 2005; to the Committee on Banking, the Committee on Homeland Security and gram; to the Committee on Homeland Secu- Housing, and Urban Affairs. Governmental Affairs. rity and Governmental Affairs.

VerDate jul 14 2003 02:31 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.046 S25PT1 S434 CONGRESSIONAL RECORD — SENATE January 25, 2005 EC–171. A communication from the Special EC–184. A communication from the Chair- and Community Service, transmitting, pur- Counsel, transmitting, pursuant to law, the man, National Science Board, transmitting, suant to law, the report of a vacancy and the report on Fiscal Year 2004 performance and pursuant to law, the report of the Office of designation of acting officer for the position accountability; to the Committee on Home- the Inspector General for the period of April of Inspector General; to the Committee on land Security and Governmental Affairs. 1, 2004 through September 30, 2004; to the Homeland Security and Governmental Af- EC–172. A communication from the Sec- Committee on Homeland Security and Gov- fairs. retary of Education, transmitting, pursuant ernmental Affairs. EC–197. A communication from the Admin- to law, the report on Inspector General audit EC–185. A communication from the Acting istrator, General Services Administration, follow-up from the period April 1, 2004, Chairman, Merit Systems Protection Board, transmitting, pursuant to law, the report on through September 30, 2004; to the Com- transmitting, pursuant to law, a report enti- Fiscal Year 2004 competitive sourcing ac- mittee on Homeland Security and Govern- tled ‘‘Managing Federal Recruitment: Issues, complishments; to the Committee on Home- mental Affairs. Insights, and Illustrations’’; to the Com- land Security and Governmental Affairs. EC–173. A communication from the Special mittee on Homeland Security and Govern- EC–198. A communication from the Chair- Counsel, Office of Special Counsel, transmit- mental Affairs. man and Chief Executive Officer, Farm Cred- ting, pursuant to law, the Fiscal Year 2004 EC–186. A communication from the Chief it Administration, transmitting, pursuant to Report on Agency Management of Commer- Executive Officer, Corporation for National law, the report on the Office of Inspector cial Activities under the FAIR Act; to the and Community Service, transmitting, pur- General for the period April 1, 2004 through Committee on Homeland Security and Gov- suant to law, the report of the Office of the September 30, 2004; to the Committee on ernmental Affairs. Inspector General for the period of April 1, Homeland Security and Governmental Af- EC–174. A communication from the Sec- 2004 through September 30, 2004; to the Com- fairs. retary of Energy, transmitting, pursuant to mittee on Homeland Security and Govern- EC–199. A communication from the Admin- law, the report of the Office of the Inspector mental Affairs. istrator, National Aeronautics and Space Ad- General for the period April 1, 2004 through EC–187. A communication from the Chair- ministration, transmitting, pursuant to law, September 30, 2004; to the Committee on man, National Science Board, transmitting, the report on the Office of Inspector General Homeland Security and Governmental Af- pursuant to law, the report of the Office of for the period ending September 30, 2004; to fairs. the Inspector General for the period of April the Committee on Homeland Security and EC–175. A communication from the Direc- 1, 2004 through September 30, 2004; to the Governmental Affairs. tor, Financial Management and Assurance, EC–200. A communication from the Sec- Committee on Homeland Security and Gov- General Accounting Office, transmitting, retary of the Treasury, transmitting, pursu- ernmental Affairs. pursuant to law, the Congressional Award ant to law, the report on the Office of Inspec- EC–188. A communication from the Admin- Foundation’s Fiscal Years 2003 and 2002 Fi- tor General for the period April 1, 2004, istrator, Agency for International Develop- nancial Statements; to the Committee on through September 30, 2004, and the report ment, transmitting, pursuant to law, the re- Homeland Security and Governmental Af- on the Office of Treasury Inspector General port of the Office of the Inspector General fairs. for Tax Administration for the period April for the period of April 1, 2004 through Sep- EC–176. A communication from the Chair- 1, 2004, through September 30, 2004; to the tember 30, 2004; to the Committee on Home- man, Consumer Product Safety Commission, Committee on Homeland Security and Gov- land Security and Governmental Affairs. transmitting, pursuant to law, the report of ernmental Affairs. the Office of the Inspector General for the EC–189. A communication from the Inspec- EC–201. A communication from the Direc- period of April 1, 2004 through September 30, tor General, Railroad Retirement Board, tor, Office of Personnel Management, trans- 2004; to the Committee on Homeland Secu- transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule rity and Governmental Affairs. the Office of the Inspector General for the entitled ‘‘Locality-Based Comparability Pay- EC–177. A communication from the Direc- period of April 1, 2004 through September 30, ments’’ (RIN3206-AJ45) received on January tor, Information Security Oversight Office, 2004; to the Committee on Homeland Secu- 5, 2005; to the Committee on Homeland Secu- National Archives and Records Administra- rity and Governmental Affairs. rity and Governmental Affairs. tion, transmitting, pursuant to law, a report EC–190. A communication from the Sec- EC–202. A communication from the Direc- to the President concerning an assessment of retary of Education, transmitting, pursuant tor, Office of Personnel Management, trans- declassification in the Executive Branch; to to law, the report of the Office of the Inspec- mitting, pursuant to law, the report of a rule the Committee on Homeland Security and tor General for the period of April 1, 2004 entitled ‘‘Federal Employees’ Retirement Governmental Affairs. through September 30, 2004; to the Com- System; Death Benefits and Employee Re- EC–178. A communication from the Public mittee on Homeland Security and Govern- funds’’ (RIN3206-AK57) received on January 5, Printer, Government Printing Office, trans- mental Affairs. 2005; to the Committee on Homeland Secu- mitting, pursuant to law, the Annual Report EC–191. A communication from the Chair- rity and Governmental Affairs. for Fiscal Year 2004; to the Committee on man, Federal Maritime Commission, trans- EC–203. A communication from the Direc- Homeland Security and Governmental Af- mitting, pursuant to law, the report of the tor, Office of Personnel Management, trans- fairs. Office of the Inspector General for the period mitting, pursuant to law, the report of a rule EC–179. A communication from the Execu- of April 1, 2004 through September 30, 2004; to entitled ‘‘Final Regulations on Senior Exec- tive Director, Federal Retirement Thrift In- the Committee on Homeland Security and utive Pay and Performance Awards; Aggre- vestment Board, transmitting, pursuant to Governmental Affairs. gate Limitation on Pay’’ (RIN3206-AK32) re- law, the report of the Office of the Inspector EC–192. A communication from the Inspec- ceived on January 13, 2005; to the Committee General for fiscal year 2004; to the Com- tor General, Nuclear Regulatory Commis- on Homeland Security and Governmental Af- mittee on Homeland Security and Govern- sion, transmitting, pursuant to law, the re- fairs. mental Affairs. port of the Office of the Inspector General EC–204. A communication from the Direc- EC–180. A communication from the Sec- for the period of April 1, 2004 through Sep- tor, Office of Personnel Management, trans- retary of Education, transmitting, pursuant tember 30, 2004; to the Committee on Home- mitting, pursuant to law, the report of a rule to law, the report of the Office of the Inspec- land Security and Governmental Affairs. entitled ‘‘Federal Acquisition Regulation; tor General for the period of April 1, 2004 EC–193. A communication from the Direc- Federal Acquisition Circular 2001-27’’ (FAC through September 30, 2004; to the Com- tor, Office of Personnel Management, the 2001-27) received on January 24, 2005; to the mittee on Homeland Security and Govern- President’s Pay Agent, transmitting, pursu- Committee on Homeland Security and Gov- mental Affairs. ant to law, a report justifying the reasons for ernmental Affairs. EC–181. A communication from the Federal the extension of locality-based com- EC–205. A communication from the Direc- Co-Chair, Appalachian Regional Commis- parability payments to categories of posi- tor, Office of Personnel Management, trans- sion, transmitting, a report relative to com- tions that are in more than one executive mitting, pursuant to law, the report of a rule petitive sourcing efforts during fiscal year agency; to the Committee on Homeland Se- entitled ‘‘Federal Employees Health Benefits 2004; to the Committee on Homeland Secu- curity and Governmental Affairs. Program: Modification of Two-Option Limi- rity and Governmental Affairs. EC–194. A communication from the Acting tation for Health Benefits Plans and Con- EC–182. A communication from the Chair- Chairman, Merit Systems Protection Board, tinuation of Coverage for Annuitants Whose man, National Labor Relations Board, trans- transmitting, pursuant to law, the Perform- Plan Terminates an Option’’ (RIN3206-AK48) mitting, pursuant to law, the report of the ance and Accountability Report for Fiscal received on January 24, 2005; to the Com- Office of the Inspector General for the period Year 2004; to the Committee on Homeland mittee on Homeland Security and Govern- of April 1, 2004 through September 30, 2004; to Security and Governmental Affairs. mental Affairs. the Committee on Homeland Security and EC–195. A communication from the Admin- EC–206. A communication from the Acting Governmental Affairs. istrator, National Aeronautics and Space Ad- Director, Office of Government Ethics, trans- EC–183. A communication from the United ministration, transmitting, pursuant to law, mitting, pursuant to law, the report of a rule States Trade Representative, Executive Of- the Fiscal Year 2004 Performance and Ac- entitled ‘‘Post-Employment Conflict of In- fice of the President, transmitting, pursuant countability Report; to the Committee on terest Restrictions; Revision of Depart- to law, the fiscal year 2003 Annual Perform- Homeland Security and Governmental Af- mental Component Designations’’ (RIN3209- ance Report, and the fiscal year 2005 Per- fairs. AA14) received on January 24, 2005; to the formance Plan; to the Committee on Home- EC–196. A communication from the Chief Committee on Homeland Security and Gov- land Security and Governmental Affairs. Executive Officer, Corporation for National ernmental Affairs.

VerDate jul 14 2003 02:31 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.048 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S435 EC–207. A communication from the Chair- Report for Fiscal Year 2004; to the Com- By Mr. GRASSLEY (for himself, Mr. man, Consumer Product Safety Commission, mittee on Homeland Security and Govern- KOHL, Mr. HATCH, Mr. CARPER, Mr. transmitting, pursuant to law, the report on mental Affairs. FRIST, Mr. CHAFEE, Mr. DODD, Mrs. Fiscal Year 2004 Performance and Account- EC–220. A communication from the Chair- FEINSTEIN, Mr. HAGEL, Mr. KYL, Ms. ability; to the Committee on Homeland Se- man, International Trade Commission, LANDRIEU, Mrs. LINCOLN, Mr. LUGAR, curity and Governmental Affairs. transmitting, pursuant to law, the report of Mr. MCCONNELL, Mr. SCHUMER, Mr. EC–208. A communication from the Assist- the Office of the Inspector General for the THUNE, Mr. VITTER, Mr. VOINOVICH, ant Administrator, United States Agency for period of April 1, 2004 through September 30, Mr. LOTT, Mr. ALEXANDER, Ms. International Development, transmitting, 2004; to the Committee on Homeland Secu- SNOWE, Mr. SESSIONS, Mr. DEMINT, pursuant to law, the report on Fiscal Year rity and Governmental Affairs. Mr. LIEBERMAN, Mr. MARTINEZ, and 2004 performance and accountability; to the EC–221. A communication from the Dis- Mr. ENSIGN): Committee on Homeland Security and Gov- trict of Columbia Auditor, transmitting, pur- S. 5. A bill to amend the procedures that ernmental Affairs. suant to law, a report entitled ‘‘Letter Re- apply to consideration of interstate class ac- EC–209. A communication from the Chair- port: Auditor’s Examination of Personnel tions to assure fairer outcomes for class man, National Credit Union Administration, Process Used to Fill a Vacant Position in the members and defendants, and for other pur- transmitting, pursuant to law, the report on Emergency Medical Services’’; to the Com- poses; to the Committee on the Judiciary. the Office of Inspector General for the period mittee on Homeland Security and Govern- By Ms. COLLINS (for herself, Mr. CAR- April 1, 2004, through September 30, 2004; to mental Affairs. PER, Mr. VOINOVICH, Mr. FEINGOLD, the Committee on Homeland Security and EC–222. A communication from the Dis- Mr. AKAKA, and Mr. LIEBERMAN): Governmental Affairs. trict of Columbia Auditor, transmitting, pur- S. 21. A bill to provide for homeland secu- EC–210. A communication from the Sec- suant to law, a report entitled ‘‘Letter Re- rity grant coordination and simplification, retary of the Interior, transmitting, pursu- port: Responses to Specific Questions Re- and for other purposes; to the Committee on ant to law, the report on the Office of Inspec- garding the District’s Proposed Baseball Sta- Homeland Security and Governmental Af- tor General for the period April 1, 2004, dium’’; to the Committee on Homeland Secu- fairs. through September 30, 2004; to the Com- rity and Governmental Affairs. By Mr. STEVENS (for himself, Mr. mittee on Homeland Security and Govern- EC–223. A communication from the Chair- INOUYE, Ms. SNOWE , and Mr. DODD): mental Affairs. man, Federal Maritime Commission, trans- S. 39. A bill to establish a coordinated na- EC–211. A communication from the Sec- mitting, pursuant to law, the Commission’s tional ocean exploration program within the retary of Health and Human Services, trans- Performance and Accountability Reports for National Oceanic and Atmospheric Adminis- mitting, pursuant to law, the report on the Fiscal Year 2004; to the Committee on Home- tration; to the Committee on Commerce, Office of Inspector General for the period land Security and Governmental Affairs. Science, and Transportation. April 1, 2004 through September 30, 2004; to EC–224. A communication from the Acting By Mr. NELSON of Florida (for him- the Committee on Homeland Security and Secretary, Commission of Fine Arts, trans- self, Mr. MARTINEZ, Mr. SESSIONS, Governmental Affairs. mitting, pursuant to law, a report con- and Mr. ALLEN): EC–212. A communication from the Chair- cerning the 2004 Inventory of Commercial S. 145. A bill to amend title 10, United man, Farm Credit System Insurance Cor- and Inherently Governmental Activities Re- States Code, to require the naval forces of poration, transmitting, pursuant to law, the port; to the Committee on Homeland Secu- the Navy to include not less than 12 oper- report on the Federal Managers’ Financial rity and Governmental Affairs. ational aircraft carriers; to the Committee Integrity Act and the Inspector General Act EC–225. A communication from the Presi- on Armed Services. Amendments of 1978; to the Committee on dent and CEO, Overseas Private Investment By Mr. INOUYE: Homeland Security and Governmental Af- Corporation, transmitting, pursuant to law, S. 146. A bill to amend title 38, United fairs. the report of the Office of the Inspector Gen- States Code, to deem certain service in the EC–213. A communication from the Admin- eral for the period of April 1, 2004 through organized military forces of the Government istrator, Small Business Administration, September 30, 2004; to the Committee on of the Commonwealth of the Philippines and transmitting, pursuant to law, the report on Homeland Security and Governmental Af- the Philippine Scouts to have been active the Office of Inspector General for the period fairs. service for purposes of benefits under pro- April 1, 2004, through September 30, 2004; to EC–226. A communication from the Acting grams administered by the Secretary of Vet- the Committee on Homeland Security and Director, Office of Government Ethics, trans- erans Affairs; to the Committee on Veterans’ Governmental Affairs. mitting, pursuant to law, the Fiscal Year Affairs. EC–214. A communication from the Sec- 2004 Performance Accountability Report; to By Mr. AKAKA (for himself and Mr. retary of Commerce, transmitting, pursuant the Committee on Homeland Security and INOUYE): to law, the report on the Office of Inspector S. 147. A bill to express the policy of the Governmental Affairs. General for the period April 1, 2004, through United States regarding the United States EC–227. A communication from the General September 30, 2004; to the Committee on relationship with Native Hawaiians and to Counsel, Office of Management and Budget, Homeland Security and Governmental Af- provide a process for the recognition by the Executive Office of the President, transmit- fairs. United States of the Native Hawaiian gov- ting, pursuant to law, the report of a nomi- EC–215. A communication from the Sec- erning entity; to the Committee on Indian nation confirmed for the position of Admin- retary of State, transmitting, pursuant to Affairs. istrator, Office of Federal Procurement Pol- law, the Department’s Performance and Ac- By Mr. MCCAIN (for himself, Mr. STE- icy; to the Committee on Homeland Security countability Report and the report of the Of- VENS, and Mr. DORGAN): and Governmental Affairs. fice of the Inspector General for Fiscal Year S. 148. A bill to establish a United States 2004; to the Committee on Homeland Secu- f Boxing Commission to administer the Act, rity and Governmental Affairs. EXECUTIVE REPORT OF and for other purposes; to the Committee on EC–216. A communication from the Direc- Commerce, Science, and Transportation. tor, Financial Management, General Ac- COMMITTEE By Mr. BINGAMAN: counting Office, transmitting, pursuant to The following executive report of S. 149. A bill for the relief of Ziad Mohamed law, the Fiscal Year 2004 annual report of the committee was submitted: Shaban Khweis, Heyam Ziad Khweis, and Comptrollers’ General Retirement System; Juman Ziad Khweis; to the Committee on By Mr. GRASSLEY for the Committee on to the Committee on Homeland Security and the Judiciary. Finance. Governmental Affairs. By Mr. JEFFORDS (for himself, Ms. * Michael O. Leavitt, of Utah, to be Sec- EC–217. A communication from the Deputy COLLINS, Mr. LIEBERMAN, Ms. SNOWE, retary of Health and Human Services. Archivist, National Archives and Records Mr. SCHUMER, Mr. BIDEN, Mrs. BOXER, Administration, transmitting, pursuant to * Nomination was reported with rec- Mrs. CLINTON, Mr. CORZINE, Mr. law, the report of a rule entitled ‘‘Records ommendation that it be confirmed sub- DODD, Mr. FEINGOLD, Mrs. FEINSTEIN, Management; Unscheduled Records’’ ject to the nominee’s commitment to Mr. KENNEDY, Mr. KERRY, Mr. LAU- (RIN3095-AB41); to the Committee on Home- respond to requests to appear and tes- TENBERG, Mr. LEAHY, Mr. REED, and land Security and Governmental Affairs. Mr. SARBANES): EC–218. A communication from the Chair- tify before any duly constituted com- S. 150. A bill to amend the Clean Air Act to man, Securities and Exchange Commission, mittee of the Senate. reduce emissions from electric powerplants, transmitting, pursuant to law, the report of f and for other purposes; to the Committee on the Office of the Inspector General for the Environment and Public Works. period of April 1, 2004 through September 30, INTRODUCTION OF BILLS AND By Mr. COLEMAN (for himself and Mr. 2004; to the Committee on Homeland Secu- JOINT RESOLUTIONS PRYOR): rity and Governmental Affairs. S. 151. A bill to amend title 38, United EC–219. A communication from the Direc- The following bills and joint resolu- States Code, to require an annual plan on tor of Administration, National Labor Rela- tions were introduced, read the first outreach activities of the Department of tions Board, transmitting, pursuant to law, and second times by unanimous con- Veterans Affairs; to the Committee on Vet- the Board’s Performance and Accountability sent, and referred as indicated: erans’ Affairs.

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By Mrs. MURRAY (for herself and Ms. By Mr. BENNETT: S. 14 CANTWELL): S. 164. A bill to provide for the acquisition At the request of Ms. STABENOW, the S. 152. A bill to enhance ecosystem protec- of certain property in Washington County, name of the Senator from New York tion and the range of outdoor opportunities Utah; to the Committee on Energy and Nat- (Mrs. CLINTON) was added as a cospon- protected by statute in the Skykomish River ural Resources. valley of the State of Washington by desig- By Mr. COLEMAN: sor of S. 14, a bill to provide fair wages nating certain lower-elevation Federal lands S. 165. A bill for the relief of Tchisou Tho; for America’s workers, to create new as wilderness, and for other purposes; to the to the Committee on the Judiciary. jobs through investment in America, to Committee on Energy and Natural Re- By Mr. SMITH (for himself and Mr. provide for fair trade and competitive- sources. WYDEN): ness, and for other purposes. S. 166. A bill to amend the Oregon Re- By Mrs. FEINSTEIN (for herself and S. 15 Mrs. BOXER): source Conservation Act of 1996 to reauthor- At the request of Mr. REID, the name S. 153. A bill to direct the Secretary of the ize the participation of the Bureau of Rec- Interior to conduct a resource study of the lamation in the Deschutes River Conser- of the Senator from Oregon (Mr. Rim of the Valley Corridor in the State of vancy, and for other purposes; to the Com- WYDEN) was added as a cosponsor of S. California to evaluate alternatives for pro- mittee on Energy and Natural Resources. 15, a bill to improve education for all tecting the resources of the Corridor, and for By Mr. HATCH (for himself, Mr. students, and for other purposes. other purposes; to the Committee on Energy LEAHY, Mr. CORNYN, and Mrs. FEIN- S. 16 and Natural Resources. STEIN): At the request of Mr. KENNEDY, the S. 167. A bill to provide for the protection By Mr. JOHNSON: name of the Senator from Minnesota S. 154. A bill to grant a Federal charter to of intellectual property rights, and for other the National American Indian Veterans, In- purposes; to the Committee on the Judici- (Mr. DAYTON) was added as a cosponsor corporated; to the Committee on the Judici- ary. of S. 16, a bill to reduce to the cost of ary. f quality health care coverage and im- By Mrs. FEINSTEIN (for herself, Mr. prove the availability of health care HATCH, Mr. GRASSLEY, Mr. CORNYN, SUBMISSION OF CONCURRENT AND coverage for all Americans. and Mr. KYL): SENATE RESOLUTIONS S. 19 S. 155. A bill to increase and enhance law At the request of Mr. CONRAD, the enforcement resources committed to inves- The following concurrent resolutions tigation and prosecution of violent gangs, to and Senate resolutions were read, and names of the Senator from Wisconsin deter and punish violent gang crime, to pro- referred (or acted upon), as indicated: (Mr. KOHL) and the Senator from tect law-abiding citizens and communities By Mr. NELSON of Nebraska (for him- Michigan (Mr. LEVIN) were added as co- from violent criminals, to revise and en- self, Mr. HAGEL, Mr. KENNEDY, Mrs. sponsors of S. 19, a bill to reduce budg- hance criminal penalties for violent crimes, FEINSTEIN, and Mr. INOUYE): et deficits by restoring budget enforce- to reform and facilitate prosecution of juve- S. Res. 10. A resolution honoring the life of ment and strengthening fiscal responsi- nile gang members who commit violent Johnny Carson; considered and agreed to. bility. crimes, to expand and improve gang preven- By Mr. KYL (for himself, Mr. S. 20 tion programs, and for other purposes; to the BROWNBACK, Mr. LOTT, Mr. EID Committee on the Judiciary. CHAMBLISS, and Mr. SANTORUM): At the request of Mr. R , the name By Mr. BINGAMAN (for himself and S. Res. 11. A resolution honoring the serv- of the Senator from South Dakota (Mr. Mr. DOMENICI): ice of Reverend Lloyd Ogilvie; considered JOHNSON) was added as a cosponsor of S. 156. A bill to designate the Ojito Wilder- and agreed to. S. 20 , a bill to expand access to preven- ness Study Area as wilderness, to take cer- By Mrs. FEINSTEIN (for herself and tive health care services that help re- tain land into trust for the Pueblo of Zia, Mrs. BOXER): duce unintended pregnancy, reduce the and for other purposes; to the Committee on S. Res. 12. A resolution commending the number of abortions, and improve ac- Energy and Natural Resources. University of Southern California Trojans By Mr. KOHL: football team for winning the 2004 Bowl cess to women’s health care. S. 157. A bill to amend the Internal Rev- Championship Series national championship S. 27 enue Code of 1986 to permit interest on Fed- game; considered and agreed to. At the request of Mrs. HUTCHISON, the erally guaranteed water, wastewater, and es- By Mr. NELSON of Florida (for him- name of the Senator from Washington sential community facilities loans to be tax self, Mr. ALLARD, Mr. ALLEN, Mr. (Mrs. MURRAY) was added as a cospon- exempt; to the Committee on Finance. NELSON of Nebraska, Mr. SESSIONS, sor of S. 27, a bill to amend the Inter- By Mr. LIEBERMAN (for himself, Mrs. and Mr. ENZI): nal Revenue Code of 1986 to make per- CLINTON, Mr. DODD, and Mr. SCHU- S. Con. Res. 4. A concurrent resolution ex- MER): pressing the sense of the Congress that the manent the deduction of State and S. 158. A bill to establish the Long Island Department of Defense should continue to local general sales taxes. Sound Stewardship Initiative; to the Com- exercise its statutory authority to support S. 50 mittee on Environment and Public Works. the activities of the Boy Scouts of America, At the request of Mr. INOUYE, the By Ms. MURKOWSKI: in particular the periodic national and world names of the Senator from Connecticut S. 159. A bill to eliminate the sunset for Boy Scout Jamborees; to the Committee on (Mr. LIEBERMAN), the Senator from the determination of the Federal medical as- Armed Services. Louisiana (Ms. LANDRIEU) and the Sen- sistance percentage for Alaska; to the Com- By Mr. LUGAR (for himself and Mr. ELSON mittee on Finance. BIDEN): ator from Florida (Mr. N ) were By Ms. MURKOWSKI: S. Con. Res. 5. A concurrent resolution added as cosponsors of S. 50, a bill to S. 160. A bill to amend the Internal Rev- congratulating the people of Ukraine for authorize and strengthen the National enue Code of 1986 to allow individuals a re- conducting a democratic, transparent, and Oceanic and Atmospheric Administra- fundable credit against income tax for the fair runoff presidential election on December tion’s tsunami detection, forecast, purchase of private health insurance, and for 26, 2004, and congratulating Viktor warning, and mitigation program, and other purposes; to the Committee on Fi- Yushchenko on his election as President of for other purposes. nance. Ukraine and his commitment to democracy By Mr. MCCAIN (for himself and Mr. and reform; to the Committee on Foreign S. 51 KYL): Relations. At the request of Mr. BROWNBACK, the S. 161. A bill to provide for a land exchange name of the Senator from Mississippi f in the State of Arizona between the Sec- (Mr. LOTT) was added as a cosponsor of retary of Agriculture and Yavapai Ranch ADDITIONAL COSPONSORS S. 51, a bill to ensure that women seek- Limited Partnership; to the Committee on S. 8 ing an abortion are fully informed re- Energy and Natural Resources. By Mr. ROCKEFELLER: At the request of Mr. ENSIGN, the garding the pain experienced by their S. 162. A bill to amend chapter 99 of the In- names of the Senator from Georgia unborn child. ternal Revenue code of 1986 to clarify that (Mr. CHAMBLISS) and the Senator from S. 57 certain coal industry health benefits may Arizona (Mr. MCCAIN) were added as co- At the request of Mr. ALLARD, the not be modified or terminated; to the Com- sponsors of S. 8, a bill to amend title name of the Senator from Colorado mittee on Finance. 18, United States Code, to prohibit tak- (Mr. SALAZAR) was added as a cospon- By Mr. BENNETT: S. 163. A bill to establish the National Mor- ing minors across State lines in cir- sor of S. 57, a bill to further the pur- mon Pioneer Heritage Area in the State of cumvention of laws requiring the in- poses of the Sand Creek Massacre Na- Utah, and for other purposes; to the Com- volvement of parents in abortion deci- tional Historic Site Establishment Act mittee on Energy and Natural Resources. sions. of 2000.

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S. 65 Sec. 112. Clarification of regulations relat- Sec. 332. Extension of trade adjustment as- At the request of Mr. INHOFE, the ing to overtime compensation. sistance to services sector. name of the Senator from Alaska (Ms. Subtitle B—Fair Minimum Wage Sec. 333. Trade adjustment assistance for firms and industries. MURKOWSKI) was added as a cosponsor Sec. 121. Short title. Sec. 334. Monitoring and reporting. of S. 65, a bill to amend the age restric- Sec. 122. Minimum wage. Sec. 335. Alternative trade adjustment as- tions for pilots. Subtitle C—Sense of the Senate Regarding sistance. S. 98 Multiemployer Pension Plans Sec. 336. Effective date. At the request of Mr. ALLARD, the Sec. 131. Sense of the Senate regarding mul- CHAPTER 2—TRADE ADJUSTMENT ASSISTANCE name of the Senator from New Jersey tiemployer pension plans. FOR COMMUNITIES (Mr. LAUTENBERG) was added as a co- TITLE II—CREATING NEW JOBS Sec. 341. Short title. sponsor of S. 98, a bill to amend the THROUGH INVESTMENT IN AMERICA Sec. 342. Purpose. Bank Holding Company Act of 1956 and Subtitle A—Eliminating Incentives for Sec. 343. Trade adjustment assistance for the Revised Statutes of the United Outsourcing communities. States to prohibit financial holding Sec. 211. Taxation of income of controlled Sec. 344. Conforming amendments. companies and national banks from en- foreign corporations attrib- Sec. 345. Effective date. gaging, directly or indirectly, in real utable to imported property. CHAPTER 3—OFFICE OF TRADE ADJUSTMENT estate brokerage or real estate man- Sec. 212. Amendments to the Worker Adjust- ASSISTANCE agement activities, and for other pur- ment and Retraining Notifica- Sec. 351. Short title. poses. tion Act. Sec. 352. Office of Trade Adjustment Assist- ance. S. 103 Subtitle B—Investment in Infrastructure Sec. 353. Effective date. At the request of Mr. TALENT, the CHAPTER 1—TRANSPORTATION names of the Senator from Washington INFRASTRUCTURE CHAPTER 4—IMPROVEMENT OF CREDIT FOR HEALTH INSURANCE COSTS OF ELIGIBLE INDI- (Ms. CANTWELL) and the Senator from Sec. 221. Transportation infrastructure VIDUALS Arkansas (Mr. PRYOR) were added as funding. CHAPTER 2—WATER INFRASTRUCTURE Sec. 361. Improvement of the affordability of cosponsors of S. 103, a bill to respond to the credit. the illegal production, distribution, Sec. 231. Water infrastructure funding. Sec. 362. Offering of Federal fallback cov- and use of methamphetamine in the CHAPTER 3—RAIL INFRASTRUCTURE erage. United States, and for other purposes. Sec. 241. Rail infrastructure funding. Sec. 363. Clarification of eligibility of spouse S. 132 Sec. 242. Grant authority. of certain individuals entitled At the request of Mrs. LINCOLN, the Sec. 243. Grant conditions for right-of-way to medicare. name of the Senator from Wisconsin projects. Subtitle D—Sense of the Senate on Free (Mr. KOHL) was added as a cosponsor of Sec. 244. Use of funds for near-term projects. Trade Agreements S. 132, a bill to amend the Internal Sec. 245. Treatment of rail operators using Sec. 371. Sense of the Senate on free trade Revenue Code of 1986 to allow a deduc- grant-funded rail infrastruc- agreements. ture. tion for premiums on mortgage insur- TITLE I—FAIR WAGES FOR AMERICA’S ance. CHAPTER 4—TRANSIT INFRASTRUCTURE WORKERS At the request of Mr. SMITH, the Sec. 251. Transit. Subtitle A—Overtime Rights Protection CHAPTER 5—AVIATION INFRASTRUCTURE name of the Senator from North Caro- SEC. 111. SHORT TITLE. lina (Mrs. DOLE) was added as a cospon- Sec. 261. Authorization of appropriations. This subtitle may be cited as the ‘‘Over- sor of S. 132, supra. Sec. 262. Distribution of funds. time Rights Protection Act of 2005’’. Sec. 263. Nonapplicability of certain laws. f SEC. 112. CLARIFICATION OF REGULATIONS RE- Sec. 264. Use of funds for near-term projects. LATING TO OVERTIME COMPENSA- STATEMENTS ON INTRODUCED CHAPTER 6—BROADBAND ACCESS TAX CREDIT TION. BILLS AND JOINT RESOLU- Sec. 271. Expensing of broadband Internet Section 13 of the Fair Labor Standards Act TIONS—MONDAY, JANUARY 24, access expenditures. of 1938 (29 U.S.C. 213) is amended by adding at the end the following: 2005 CHAPTER 7—RESEARCH AND DEVELOPMENT ‘‘(k)(1) Notwithstanding the provisions of TAX CREDIT By Ms. STABENOW (for herself, subchapter II of chapter 5 and chapter 7 of Mr. REID, Mr. CORZINE, Mr. Sec. 281. Findings. title 5, United States Code (commonly re- KENNEDY, Mr. INOUYE, Ms. MI- Sec. 282. Permanent extension of research ferred to as the Administrative Procedures KULSKI, Mr. DORGAN, Mr. credit. Act) or any other provision of law, any por- LEAHY, Mr. ROCKEFELLER, Mr. Sec. 283. Increase in rates of alternative in- tion of the final rule promulgated on April cremental credit. SCHUMER, Mr. DURBIN, and Mr. 23, 2004, revising part 541 of title 29, Code of Sec. 284. Alternative simplified credit for DAYTON): Federal Regulations, that exempts from the qualified research expenses. overtime pay provision of section 7 of this S. 14. A bill to provide fair wages for Sec. 285. Expansion of research credit. America’s workers, to create new jobs Act any employee who would not otherwise Subtitle C—Technology Programs through investment in America, to pro- be exempt if the regulations in effect on March 31, 2003 remained in effect, shall have vide for fair trade and competitiveness, Sec. 291. Authorizations of appropriations for the Advanced Technology no force or effect and that portion of such and for other purposes; to the Com- Program and the Manufac- regulations (as in effect on March 31, 2003) mittee on Finance. turing Extension Partnership that would prevent such employee from Ms. STABENOW. Mr. President, I ask Program. being exempt shall be reinstated. unanimous consent that the text of the Sec. 292. Sense of the Senate promoting ‘‘(2) The Secretary shall adjust the min- bill be printed in the RECORD. science and technology funding imum salary level for exemption under sec- There being no objection, the bill was for a strong economic future. tion 13(a)(1) in the following manner: ordered to be printed in the RECORD, as TITLE III—FAIR TRADE AND ‘‘(A) Not later than 60 days after the date follows: COMPETITIVENESS of enactment of this subsection, the Sec- S. 14 retary shall increase the minimum salary Subtitle A—Trade Enforcement level for exemption under subsection (a)(1) Be it enacted by the Senate and House of Rep- Enhancement for executive, administrative, and manage- resentatives of the United States of America in Sec. 311. Identification of trade expansion rial occupations from the level of $155 per Congress assembled, priorities. week in 1975 to $591 per week (an amount SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 312. Chief enforcement negotiator. equal to the increase in the Employment (a) SHORT TITLE.—This Act may be cited as Sec. 313. Foreign debt. Cost Index (published by the Bureau of Labor the ‘‘Fair Wage, Competition, and Invest- Sec. 314. Authorization of appropriations. Statistics) for executive, administrative, and ment Act of 2005’’. Subtitle B—Exchange Rate Policy and managerial occupations between 1975 and (b) TABLE OF CONTENTS.—The table of con- tents for this Act is as follows: Currency Manipulation 2005). ‘‘(B) Not later than December 31 of the cal- Sec. 1. Short title; table of contents. Sec. 321. Negotiations regarding currency valuation. endar year following the increase required in TITLE I—FAIR WAGES FOR AMERICA’S subparagraph (A), and each December 31 Subtitle C—Trade Adjustment Assistance WORKERS thereafter, the Secretary shall increase the Subtitle A—Overtime Rights Protection CHAPTER 1—SERVICE WORKERS minimum salary level for exemption under Sec. 111. Short title. Sec. 331. Short title. subsection (a)(1) by an amount equal to the

VerDate jul 14 2003 03:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.055 S25PT1 S438 CONGRESSIONAL RECORD — SENATE January 25, 2005

increase in the Employment Cost Index for TITLE II—CREATING NEW JOBS THROUGH ‘‘(C) UNRELATED PERSON.—For purposes of executive, administrative, and managerial INVESTMENT IN AMERICA this subsection, the term ‘unrelated person’ occupations for the year involved.’’. Subtitle A—Eliminating Incentives for means any person who is not a related per- son with respect to the controlled foreign Subtitle B—Fair Minimum Wage Outsourcing SEC. 211. TAXATION OF INCOME OF CONTROLLED corporation. SEC. 121. SHORT TITLE. FOREIGN CORPORATIONS ATTRIB- ‘‘(D) COORDINATION WITH FOREIGN BASE COM- This subtitle may be cited as the ‘‘Fair UTABLE TO IMPORTED PROPERTY. PANY SALES INCOME.—For purposes of this Minimum Wage Act of 2005’’. (a) GENERAL RULE.—Subsection (a) of sec- section, the term ‘foreign base company tion 954 of the Internal Revenue Code of 1986 sales income’ shall not include any imported SEC. 122. MINIMUM WAGE. (defining foreign base company income) is property income.’’. (a) IN GENERAL.—Section 6(a)(1) of the Fair amended by striking ‘‘and’’ at the end of (c) SEPARATE APPLICATION OF LIMITATIONS Labor Standards Act of 1938 (29 U.S.C. paragraph (4), by striking the period at the ON FOREIGN TAX CREDIT FOR IMPORTED PROP- 206(a)(1)) is amended to read as follows: end of paragraph (5) and inserting ‘‘, and’’, ERTY INCOME.— ‘‘(1) except as otherwise provided in this and by adding at the end the following new (1) BEFORE 2007.— section, not less than— paragraph: (A) IN GENERAL.—Paragraph (1) of section ‘‘(A) $5.85 an hour, beginning on the 60th ‘‘(6) imported property income for the tax- 904(d) of the Internal Revenue Code of 1986 day after the date of enactment of the Fair able year (determined under subsection (j) (relating to separate application of section Minimum Wage Act of 2005; and reduced as provided in subsection with respect to certain categories of in- ‘‘(B) $6.55 an hour, beginning 12 months (b)(5)).’’. come), as in effect for taxable years begin- after that 60th day; and (b) DEFINITION OF IMPORTED PROPERTY IN- ning before January 1, 2007, is amended by ‘‘(C) $7.25 an hour, beginning 24 months COME.—Section 954 of the Internal Revenue striking ‘‘and’’ at the end of subparagraph after that 60th day;’’. Code of 1986 is amended by adding at the end (H), by redesignating subparagraph (I) as the following new subsection: subparagraph (J), and by inserting after sub- (b) EFFECTIVE DATE.—The amendment ‘‘(j) IMPORTED PROPERTY INCOME.— made by subsection (a) shall take effect 60 paragraph (H) the following new subpara- ‘‘(1) IN GENERAL.—For purposes of sub- days after the date of enactment of this Act. graph: section (a)(6), the term ‘imported property ‘‘(I) imported property income, and’’. Subtitle C—Sense of the Senate Regarding income’ means income (whether in the form (B) IMPORTED PROPERTY INCOME DEFINED.— Multiemployer Pension Plans of profits, commissions, fees, or otherwise) Paragraph (2) of section 904(d) of such Code, derived in connection with— SEC. 131. SENSE OF THE SENATE REGARDING as so in effect, is amended by redesignating MULTIEMPLOYER PENSION PLANS. ‘‘(A) manufacturing, producing, growing, subparagraphs (H) and (I) as subparagraphs or extracting imported property; (I) and (J), respectively, and by inserting (a) FINDINGS.—The Senate makes the fol- ‘‘(B) the sale, exchange, or other disposi- after subparagraph (G) the following new lowing findings: tion of imported property; or subparagraph: (1) Multiemployer pension plans have been ‘‘(C) the lease, rental, or licensing of im- ‘‘(H) IMPORTED PROPERTY INCOME.—The a major force in the delivery of employee ported property. term ‘imported property income’ means any benefits to active and retired American income received or accrued by any person workers and their dependents for over half a Such term shall not include any foreign oil and gas extraction income (within the mean- which is of a kind which would be imported century. ing of section 907(c)) or any foreign oil re- property income (as defined in section (2) There are approximately 1,700 multiem- lated income (within the meaning of section 954(j)).’’. ployer defined benefit pension plans in which 907(c)). (C) LOOK-THRU RULES TO APPLY.—Subpara- approximately 9,700,000 workers and retirees ‘‘(2) IMPORTED PROPERTY.—For purposes of graph (F) of section 904(d)(3) of such Code, as participate. this subsection— so in effect, is amended by striking ‘‘or (D)’’ (3) Three-quarters of the approximately ‘‘(A) IN GENERAL.—Except as otherwise pro- and inserting ‘‘(D), or (I)’’. 60,000 to 65,000 employers that participate in vided in this paragraph, the term ‘imported (2) AFTER 2006.— multiemployer plans have fewer that 100 em- property’ means property which is imported (A) IN GENERAL.—Paragraph (1) of section ployees. into the United States by the controlled for- 904(d) of such Code (relating to separate ap- (4) Multiemployer plans allow for greater eign corporation or a related person. plication of section with respect to certain access and affordability for smaller employ- ‘‘(B) IMPORTED PROPERTY INCLUDES CERTAIN categories of income), as in effect for taxable ers and pension portability for their employ- PROPERTY IMPORTED BY UNRELATED PER- years beginning after December 31, 2006, is ees as they move from one job to another, SONS.—The term ‘imported property’ in- amended by striking ‘‘and’’ at the end of sub- and permit workers to earn a pension where cludes any property imported into the paragraph (A), by redesignating subpara- they might otherwise not be able to do so. United States by an unrelated person if, graph (B) as subparagraph (C), and by insert- (5) The 2000–2002 drop in the stock market when such property was sold to the unrelated ing after subparagraph (A) the following new and decline in equity values has affected all person by the controlled foreign corporation subparagraph: investors, including multiemployer plans. (or a related person), it was reasonable to ex- ‘‘(B) imported property income, and’’. (6) The decline in value sustained by multi- pect that— (B) IMPORTED PROPERTY INCOME DEFINED.— employer defined benefit pension plans have ‘‘(i) such property would be imported into Paragraph (2) of section 904(d) of such Code, threatened the stability of this private sec- the United States; or as so in effect, is amended by redesignating tor source of secure retirement income. ‘‘(ii) such property would be used as a com- subparagraphs (I) and (J) as subparagraphs (7) Participating employers could face on- ponent in other property which would be im- (J) and (K), respectively, and by inserting erous excise taxes and other penalties as a ported into the United States. after subparagraph (H) the following new result of the serious, adverse financial im- ‘‘(C) EXCEPTION FOR PROPERTY SUBSE- subparagraph: pact due to these market losses. QUENTLY EXPORTED.—The term ‘imported ‘‘(I) IMPORTED PROPERTY INCOME.—The (8) In 2004, the United States Senate recog- property’ does not include any property term ‘imported property income’ means any nized the severity of this situation and which is imported into the United States and income received or accrued by any person passed by an overwhelmingly, large bipar- which— which is of a kind which would be imported tisan margin of 86 to 9 temporary relief pro- ‘‘(i) before substantial use in the United property income (as defined in section visions for single and multiemployer defined States, is sold, leased, or rented by the con- 954(j)).’’. benefit pension plans. trolled foreign corporation or a related per- (C) CONFORMING AMENDMENT.—Clause (ii) of (b) SENSE OF THE SENATE.—It is the sense son for direct use, consumption, or disposi- section 904(d)(2)(A) of such Code, as so in ef- of the Senate that the Senate— tion outside the United States; or fect, is amended by inserting ‘‘or imported (1) expresses its strong support for multi- ‘‘(ii) is used by the controlled foreign cor- property income’’ after ‘‘passive category in- employer defined benefit pension plans; poration or a related person as a component come’’. (2) recognizes the importance of an envi- in other property which is so sold, leased, or (d) TECHNICAL AMENDMENTS.— ronment in which multiemployer plans can rented. (1) Clause (iii) of section 952(c)(1)(B) of the continue their vital role in providing bene- ‘‘(3) DEFINITIONS AND SPECIAL RULES.— Internal Revenue Code of 1986 (relating to fits to working men and women; ‘‘(A) IMPORT.—For purposes of this sub- certain prior year deficits may be taken into (3) recognizes that multiemployer pension section, the term ‘import’ means entering, or account) is amended— plan relief must be designed for the multiem- withdrawal from warehouse, for consumption (A) by redesignating subclauses (II), (III), ployer labor-relations environment that sup- or use. Such term includes any grant of the (IV), and (V) as subclauses (III), (IV), (V), and ports the plans; and right to use intangible property (as defined (VI), and (4) supports legislation to strengthen and in section 936(h)(3)(B)) in the United States. (B) by inserting after subclause (I) the fol- protect the viability of multiemployer pen- ‘‘(B) UNITED STATES.—For purposes of this lowing new subclause: sion plans for the continued benefit of cur- subsection, the term ‘United States’ includes ‘‘(II) imported property income,’’. rent and retired members, and their families the Commonwealth of Puerto Rico, the Vir- (2) Paragraph (5) of section 954(b) of such and survivors, and to strengthen the ability gin Islands of the United States, Guam, Code (relating to deductions to be taken into of all plans to address funding problems that American Samoa, and the Commonwealth of account) is amended by striking ‘‘and the occur. the Northern Mariana Islands. foreign base company oil related income’’

VerDate jul 14 2003 03:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.056 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S439 and inserting ‘‘the foreign base company oil (C) in subsection (d), by striking ‘‘section (1) title VI of the Federal Water Pollution related income, and the imported property 2(a) (2) or (3)’’ and inserting ‘‘paragraph (2), Control Act (33 U.S.C. 1381 et seq.), income’’. (3), or (9) of section 2(a)’’; and $3,000,000,000 for each of fiscal years 2005 and (e) EFFECTIVE DATES.— (4) in section 5(a)(1), in the matter fol- 2006; and (1) IN GENERAL.—Except as provided in lowing subparagraph (B), by striking ‘‘60 (2) section 1452 of the Safe Drinking Water paragraph (2), the amendments made by this days’’ and inserting ‘‘90 days’’. Act (42 U.S.C. 300j–12), $3,000,000,000 for each section shall apply to taxable years of for- (d) POSTING OF EMPLOYEE RIGHTS.—The of fiscal years 2005 and 2006. eign corporations beginning after the date of Worker Adjustment and Retraining Notifica- (b) AVAILABILITY OF FUNDS.—Funds trans- the enactment of this Act, and to taxable tion Act (29 U.S.C. 2101 et seq.) is amended by ferred under subsection (a) shall remain years of United States shareholders within adding at the end the following: available until expended. which or with which such taxable years of ‘‘SEC. 12. POSTING OF NOTICE OF RIGHTS. CHAPTER 3—RAIL INFRASTRUCTURE such foreign corporations end. ‘‘(a) DEVELOPMENT.—Not later than 60 days SEC. 241. RAIL INFRASTRUCTURE FUNDING. (2) SUBSECTION (c).—The amendments made after the date of enactment of this section, (a) AMOUNT FOR CAPITAL PROJECTS by subsection (c)(1) shall apply to taxable the Secretary of Labor shall develop a notice GRANTS.—There is authorized to be appro- years beginning after the date of the enact- of employee rights under this Act for posting priated to the Secretary of Transportation ment of this Act and before January 1, 2007, by employers. for each of fiscal years 2005 and 2006, ‘‘(b) POSTING.—Each employer shall post in and the amendments made by subsection $1,500,000,000, which shall be available for the a conspicuous place in places of employment (c)(2) shall apply to taxable years beginning Secretary of Transportation to make grants the notice of the rights of employees as de- after December 31, 2006. to States, rail carriers, and other entities as veloped by the Secretary under subsection SEC. 212. AMENDMENTS TO THE WORKER AD- determined by the Secretary of Transpor- JUSTMENT AND RETRAINING NOTI- (a).’’. tation for intercity passenger and freight FICATION ACT. (e) ANNUAL REPORT.—The Worker Adjust- railroad capital projects in accordance with (a) DEFINITION.—Section 2(a) of the Worker ment and Retraining Notification Act (29 Adjustment and Retraining Notification Act U.S.C. 2101 et seq.), as amended by sub- this chapter. (b) AVAILABILITY OF FUNDS.—Funds trans- (29 U.S.C. 2101(a)) is amended— section (d), is further amended by adding at ferred under subsection (a) shall remain (1) in paragraph (3)(B), by striking ‘‘for—’’ the end the following: available until expended. and all that follows through ‘‘500 employees’’ ‘‘SEC. 13. CONTENTS OF ANNUAL REPORTS BY (c) NONAPPLICABILITY OF CERTAIN PROVI- in clause (ii), and inserting ‘‘for not less than THE SECRETARY OF LABOR. SIONS.—Funds made available under this 50 employees’’; ‘‘(a) IN GENERAL.—The Secretary of Labor chapter shall not be subject to any limita- (2) in paragraph (7), by striking ‘‘and’’ shall collect and compile statistics based on tion on obligations under any other provi- after the semicolon; the information submitted to the Secretary sion of law. (3) in paragraph (8), by striking the period under subsections (a)(3) and (e) of section 3. and inserting ‘‘; and’’; and ‘‘(b) REPORT.—Not later than 120 days after SEC. 242. GRANT AUTHORITY. (4) by adding at the end the following: the date on which each regular session of (a) PUBLIC BENEFIT PROJECTS.—The Sec- ‘‘(9) the term ‘offshoring of jobs’ means Congress commences, the Secretary of Labor retary of Transportation shall make grants any action taken by an employer the effect shall prepare and submit to the President to States, rail carriers, and other entities, as of which is to create, shift, or transfer em- and the appropriate committees of Congress determined by the Secretary, for intercity ployment positions or facilities outside the a report on the offshoring of jobs (as defined passenger and freight railroad capital United States and which results in an em- in section 2(a)(9)). Each such report shall in- projects that provide a public benefit, in- ployment loss during any 30-day period for 15 clude information concerning— cluding projects involving the following pur- or more employees.’’. ‘‘(1) the number of jobs affected by poses: (b) NOTICE.—Section 3 of the Worker Ad- offshoring; (1) Track and track structure rehabilita- justment and Retraining Notification Act (29 ‘‘(2) the locations to which jobs are being tion, relocation, improvement, and develop- U.S.C. 2102) is amended— shifted or transferred; ment. (1) in subsection (a)— ‘‘(3) the reasons why such shifts and trans- (2) Railroad safety and security improve- (A) in the matter preceding paragraph (1), fers are occurring; and ments. by striking ‘‘60-day’’ and inserting ‘‘90-day’’; ‘‘(4) any other relevant data compiled (3) Communications and signaling im- (B) in paragraph (1), by striking ‘‘and’’ under subsection (a).’’. provements. (4) Intercity passenger rail equipment ac- after the semicolon; Subtitle B—Investment in Infrastructure (C) in paragraph (2), by striking the period quisition. CHAPTER 1—TRANSPORTATION (5) Rail station and intermodal facilities and inserting ‘‘; and’’; and INFRASTRUCTURE (D) by inserting after paragraph (2), the development. following: SEC. 221. TRANSPORTATION INFRASTRUCTURE (b) PUBLIC BENEFIT DEFINED.—In this sec- FUNDING. ‘‘(3) to the Secretary of Labor.’’; tion, the term ‘‘public benefit’’ means a ben- (a) FUNDING.— (2) in subsection (b), by striking ‘‘60-day’’ efit accrued to the public in the form of en- (1) AUTHORIZATION OF APPROPRIATIONS.— hanced mobility of people or goods, environ- both places that such term appears and in- There is authorized to be appropriated to serting ‘‘90-day’’; and mental protection or enhancement, conges- carry out this chapter for each of fiscal years tion mitigation, enhanced trade and eco- (3) by adding at the end the following: 2005 and 2006 $7,000,000,000, to remain avail- ‘‘(e) NOTICE FOR OFFSHORING OF JOBS.—In nomic development, improved air quality or able until expended. the case of a notice under subsection (a) re- land use, more efficient energy use, en- (2) DISTRIBUTION.—The Secretary of Trans- garding the offshoring of jobs, the notice hanced public safety or security, reduction portation, acting through the Administrator shall include, in addition to the information of public expenditures due to improved otherwise required by the Secretary with re- of the Federal Highway Administration, transportation efficiency or infrastructure spect to other notices under such subsection, shall distribute funds made available under preservation, and any other positive commu- information concerning— this subsection to States in accordance with nity effects (as defined by the Secretary ‘‘(1) the number of jobs affected; section 105 of title 23, United States Code. after any consultation with State official (b) ADDITIONAL REQUIREMENTS.— ‘‘(2) the location that the jobs are being and rail carriers that the Secretary deter- (1) NONAPPLICABILITY OF CERTAIN PROVI- shifted or transferred to; and mines appropriate). SIONS.—Funds made available under this sec- ‘‘(3) the reasons that such shifting or SEC. 243. GRANT CONDITIONS FOR RIGHT-OF- tion shall not be subject to— transferring of jobs is occurring.’’. WAY PROJECTS. (A) section 120 of title 23, United States (c) TECHNICAL AMENDMENTS.—The Worker The Secretary of Transportation shall re- Adjustment and Retraining Notification Act Code; or quire as a condition of making any grant (29 U.S.C. 2101 et seq.) is amended— (B) any limitation on obligations under under this chapter that includes the im- (1) by striking ‘‘plant closing or mass lay- any other provision of law. provement or use of rights-of-way owned by off’’ each place that such term appears and (2) USE OF FUNDS FOR NEAR-TERM a railroad that— inserting ‘‘plant closing, mass layoff, or PROJECTS.—The Secretary of Transportation (1) a written agreement exist between the offshoring of jobs’’; shall ensure, to the maximum extent prac- applicant and the railroad regarding such (2) by striking ‘‘closing or layoff’’ each ticable, that funds made available under this use and ownership, including— place that such term appears and inserting section are directed to projects that may be (A) any compensation for such use; ‘‘closing, layoff, or offshoring’’; obligated in the near term, as determined by (B) assurances regarding the adequacy of (3) in section 3— the Secretary of Transportation. infrastructure capacity to accommodate (A) in the section heading by striking CHAPTER 2—WATER INFRASTRUCTURE both existing and future freight and pas- ‘‘PLANT CLOSINGS AND MASS LAYOFFS’’ and SEC. 231. WATER INFRASTRUCTURE FUNDING. senger operations; and inserting ‘‘PLANT CLOSINGS, MASS LAYOFFS, (a) AUTHORIZATION OF APPROPRIATIONS.— (C) an assurance by the railroad that col- AND OFFSHORING OF JOBS’’; There is authorized to be appropriated to the lective bargaining agreements with the rail- (B) in subsection (b)(2)(A), by striking ‘‘the Administrator of the Environmental Protec- road’s employees (including terms regulating closing or mass layoff’’ and inserting ‘‘the tion Agency to make grants to States the contracting of work) will remain in full closing, layoff, or offshoring’’; and under— force and effect according to their terms for

VerDate jul 14 2003 03:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.056 S25PT1 S440 CONGRESSIONAL RECORD — SENATE January 25, 2005 work performed by the railroad on the rail- funds made available under clauses (i) and ‘‘(A) the purchase or installation of quali- road transportation corridor; and (iii) of paragraph (1)(B). fied equipment (including any upgrades (2) the applicant agrees to comply with— (B) MODERNIZATION OF EXISTING FIXED thereto), and (A) the standards under section 24312 of GUIDEWAY SYSTEMS.—The Secretary of Trans- ‘‘(B) the connection of such qualified title 49, United States Code, as such section portation shall determine the amount appor- equipment to any qualified subscriber. was in effect on September 1, 2003, with re- tioned to each urbanized area under para- ‘‘(2) CERTAIN SATELLITE EXPENDITURES EX- spect to the project in the same manner that graph (1)(B)(ii) on a pro rata basis in accord- CLUDED.—Such term shall not include any the National Railroad Passenger Corporation ance with the distribution formula estab- costs incurred with respect to the launching is required to comply with those standards lished under section 5337 of title 49, United of any satellite equipment. for construction work financed under an States Code. ‘‘(3) LEASED EQUIPMENT.—Such term shall agreement made under section; and (C) NEAR TERM PROJECTS.—In allocating include so much of the purchase price paid (B) the protective agreements established funds under this paragraph, the Secretary of by the lessor of qualified equipment subject under section 504 of the Railroad Revitaliza- Transportation shall ensure, to the max- to a lease described in subsection (c)(2)(B) as tion and Regulatory Reform Act of 1976 with imum extent practicable, that funds are di- is attributable to expenditures incurred by respect to employees affected by actions rected to near term projects. the lessee which would otherwise be de- taken in connection with the project. (c) LIMITATION FOR CAPITAL PROJECTS.— scribed in paragraph (1). SEC. 244. USE OF FUNDS FOR NEAR-TERM Funds may be used under this section only ‘‘(4) LIMITATION WITH REGARD TO CURRENT PROJECTS. for capital projects. GENERATION BROADBAND SERVICES.—Only 50 The Secretary of Transportation shall en- (d) INAPPLICABILITY OF CERTAIN PROVI- percent of the amounts taken into account sure, to the maximum extent practicable, SIONS.—Funds distributed under subsection under paragraph (1) with respect to qualified that funds made available under this chapter (b) shall not be subject to sections 5307(e), equipment through which current generation are directed to projects that may be obli- 5309(h), or 5311(g) of title 49, United States broadband services are provided shall be gated in the near term, as determined by the Code. treated as qualified broadband expenditures. Secretary of Transportation. CHAPTER 5—AVIATION INFRASTRUCTURE ‘‘(c) WHEN EXPENDITURES TAKEN INTO AC- SEC. 245. TREATMENT OF RAIL OPERATORS SEC. 261. AUTHORIZATION OF APPROPRIATIONS COUNT.—For purposes of this section— USING GRANT-FUNDED RAIL INFRA- N GENERAL STRUCTURE. FOR AVIATION INFRASTRUCTURE. ‘‘(1) I .—Qualified broadband ex- A person that conducts rail operations There is authorized to be appropriated for penditures with respect to qualified equip- over rail infrastructure constructed or im- each of fiscal years 2005 and 2006 to carry out ment shall be taken into account with re- proved with funding provided in whole or in this chapter, $1,500,000,000, to remain avail- spect to the first taxable year in which— part in a grant made under this chapter— able until expended. ‘‘(A) current generation broadband services (1) shall be considered an employer for pur- SEC. 262. DISTRIBUTION OF FUNDS. are provided through such equipment to poses of the Railroad Retirement Act of 1974 The Secretary of Transportation, acting qualified subscribers, or (45 20 U.S.C. 231 et seq.); and through the Administrator of the Federal ‘‘(B) next generation broadband services (2) shall be considered a carrier for pur- Aviation Administration, shall distribute are provided through such equipment to poses of the Railway Labor Act (43 U.S.C. 151 funds made available under this chapter to qualified subscribers. et seq.) unless such a person is an operator public use airports for the purposes provided ‘‘(2) LIMITATION.— with respect to commuter rail passenger under chapter 471 of title 49, United States ‘‘(A) IN GENERAL.—Qualified expenditures transportation (as defined in section 24102(4) Code, including for enhancement of aviation shall be taken into account under paragraph of title 49, United States Code) of a State or safety, enhancement of aviation capacity, (1) only with respect to qualified equip- local government authority (as such terms and defrayal of the cost of security require- ment— are defined in section 5302 of such title) eligi- ments imposed on airport operators by the ‘‘(i) the original use of which commences ble to receive financial assistance under sec- Administrator or by the Administrator of with the taxpayer, and tion 5307 of such title, a contractor per- the Transportation Security Administration. ‘‘(ii) which is placed in service, after the forming services in connection with the op- SEC. 263. NONAPPLICABILITY OF CERTAIN LAWS. date of the enactment of this Act. erations with respect to commuter rail pas- Funds made available under this chapter ‘‘(B) SALE-LEASEBACKS.—For purposes of senger transportation (as so defined), or the shall not be subject to— subparagraph (A), if property— Alaska Railroad or its contractors. (1) a matching requirement under section ‘‘(i) is originally placed in service after the CHAPTER 4—TRANSIT INFRASTRUCTURE 47109 of title 49, United States Code; or date of the enactment of this Act by any per- son, and SEC. 251. TRANSIT. (2) any limitation on obligation under any ‘‘(ii) sold and leased back by such person (a) AUTHORIZATION OF APPROPRIATIONS.— other provision of law. within 3 months after the date such property (1) AMOUNTS FOR FISCAL YEARS 2005 AND SEC. 264. USE OF FUNDS FOR NEAR-TERM was originally placed in service, 2006.—There is authorized to be appropriated PROJECTS. to the Secretary of Transportation for each The Secretary of Transportation shall en- such property shall be treated as originally of the fiscal years 2005 and 2006, $1,750,000,000. sure, to the maximum extent practicable, placed in service not earlier than the date on (2) AVAILABILITY OF FUNDS.—Funds appro- that funds made available under this chapter which such property is used under the lease- priated under paragraph (1) shall remain are directed to projects that may be obli- back referred to in clause (ii). available until expended. gated in the near-term, as determined by the ‘‘(d) SPECIAL ALLOCATION RULES.— (b) DISTRIBUTION OF FUNDS.— Secretary of Transportation. ‘‘(1) CURRENT GENERATION BROADBAND SERV- (1) IN GENERAL.—Of the funds authorized to CHAPTER 6—BROADBAND ACCESS TAX ICES.—For purposes of determining the be appropriated under subsection (a)— CREDIT amount of qualified broadband expenditures (A) 50.18 percent shall be available to carry SEC. 271. EXPENSING OF BROADBAND INTERNET under subsection (a)(1) with respect to quali- out section 5307 of title 49, United States ACCESS EXPENDITURES. fied equipment through which current gen- Code; (a) IN GENERAL.—Part VI of subchapter B eration broadband services are provided, if (B) 45 percent shall be available to carry of chapter 1 of the Internal Revenue Code of the qualified equipment is capable of serving out section 5309(a)(1) of title 49, United 1986 (relating to itemized deductions for indi- both qualified subscribers and other sub- States Code, of which— viduals and corporations) is amended by in- scribers, the qualified broadband expendi- (i) 40 percent shall be available to carry serting after section 190 the following new tures shall be multiplied by a fraction— out subparagraph (A) of such paragraph; section: ‘‘(A) the numerator of which is the sum of (ii) 40 percent shall be available to carry ‘‘SEC. 191. BROADBAND EXPENDITURES. the number of potential qualified subscribers out subparagraph (E) of such paragraph; and ‘‘(a) TREATMENT OF EXPENDITURES.— within the rural areas and the underserved (iii) 20 percent shall be available to carry ‘‘(1) IN GENERAL.—A taxpayer may elect to areas which the equipment is capable of serv- out subparagraph (F) of such paragraph; treat any qualified broadband expenditure ing with current generation broadband serv- (C) 1.32 percent shall be available to carry which is paid or incurred by the taxpayer as ices, and out section 5310 of title 49, United States an expense which is not chargeable to capital ‘‘(B) the denominator of which is the total Code; and account. Any expenditure which is so treated potential subscriber population of the area (D) 3.5 percent shall be available to carry shall be allowed as a deduction. which the equipment is capable of serving out section 5311 of title 49, United States ‘‘(2) ELECTION.—An election under para- with current generation broadband services. Code. graph (1) shall be made at such time and in ‘‘(2) NEXT GENERATION BROADBAND SERV- (2) FORMULAS.—Funds made available such manner as the Secretary may prescribe ICES.—For purposes of determining the under subparagraphs (A), (C), and (D) of by regulation. amount of qualified broadband expenditures paragraph (1) shall be distributed in accord- ‘‘(b) QUALIFIED BROADBAND EXPENDI- under subsection (a)(1) with respect to quali- ance with the formulas established under TURES.—For purposes of this section— fied equipment through which next genera- sections 5307, 5310, and 5311, respectively, of ‘‘(1) IN GENERAL.—The term ‘qualified tion broadband services are provided, if the title 49, United States Code. broadband expenditure’ means, with respect qualified equipment is capable of serving (3) DETERMINATION BY SECRETARY.— to any taxable year, any direct or indirect both qualified subscribers and other sub- (A) IN GENERAL.—The Secretary of Trans- costs incurred and properly taken into ac- scribers, the qualified expenditures shall be portation shall determine the allocation of count with respect to— multiplied by a fraction—

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‘‘(A) the numerator of which is the sum ‘‘(12) PROVISION OF SERVICES.—A provider is uniquely designed to perform the function of— shall be treated as providing services to 1 or of multiplexing and demultiplexing packets ‘‘(i) the number of potential qualified sub- more subscribers if— or cells of data and making associated appli- scribers within the rural areas and under- ‘‘(A) such a subscriber has been passed by cation adaptions, but only if such multi- served areas, plus the provider’s equipment and can be con- plexing or demultiplexing equipment is lo- ‘‘(ii) the number of potential qualified sub- nected to such equipment for a standard con- cated between packet switching equipment scribers within the area consisting only of nection fee, described in subparagraph (C) and the sub- residential subscribers not described in ‘‘(B) the provider is physically able to de- scriber’s premises. clause (i), liver current generation broadband services ‘‘(14) QUALIFIED SUBSCRIBER.—The term or next generation broadband services, as ap- ‘qualified subscriber’ means— which the equipment is capable of serving plicable, to such a subscriber without mak- ‘‘(A) with respect to the provision of cur- with next generation broadband services, and ing more than an insignificant investment rent generation broadband services— ‘‘(B) the denominator of which is the total with respect to such subscriber, ‘‘(i) any nonresidential subscriber main- potential subscriber population of the area ‘‘(C) the provider has made reasonable ef- taining a permanent place of business in a which the equipment is capable of serving forts to make such subscribers aware of the rural area or underserved area, or with next generation broadband services. availability of such services, ‘‘(ii) any residential subscriber residing in ‘‘(e) DEFINITIONS.—For purposes of this sec- ‘‘(D) such services have been purchased by a dwelling located in a rural area or under- tion— 1 or more such subscribers, and served area which is not a saturated market, ‘‘(1) ANTENNA.—The term ‘antenna’ means ‘‘(E) such services are made available to and any device used to transmit or receive sig- such subscribers at average prices com- ‘‘(B) with respect to the provision of next nals through the electromagnetic spectrum, parable to those at which the provider makes generation broadband services— including satellite equipment. available similar services in any areas in ‘‘(i) any nonresidential subscriber main- ‘‘(2) CABLE OPERATOR.—The term ‘cable op- which the provider makes available such taining a permanent place of business in a erator’ has the meaning given such term by services. rural area or underserved area, or section 602(5) of the Communications Act of ‘‘(13) QUALIFIED EQUIPMENT.— ‘‘(ii) any residential subscriber. 1934 (47 U.S.C. 522(5)). ‘‘(A) IN GENERAL.—The term ‘qualified ‘‘(15) RESIDENTIAL SUBSCRIBER.—The term ‘‘(3) COMMERCIAL MOBILE SERVICE CAR- equipment’ means equipment which provides ‘residential subscriber’ means any individual current generation broadband services or who purchases broadband services which are RIER.—The term ‘commercial mobile service carrier’ means any person authorized to pro- next generation broadband services— delivered to such individual’s dwelling. URAL AREA.—The term ‘rural area’ vide commercial mobile radio service as de- ‘‘(i) at least a majority of the time during ‘‘(16) R periods of maximum demand to each sub- means any census tract which— fined in section 20.3 of title 47, Code of Fed- scriber who is utilizing such services, and ‘‘(A) is not within 10 miles of any incor- eral Regulations. ‘‘(ii) in a manner substantially the same as porated or census designated place con- ‘‘(4) CURRENT GENERATION BROADBAND SERV- such services are provided by the provider to taining more than 25,000 people, and ICE.—The term ‘current generation subscribers through equipment with respect ‘‘(B) is not within a county or county broadband service’ means the transmission to which no deduction is allowed under sub- equivalent which has an overall population of signals at a rate of at least 1,000,000 bits section (a)(1). density of more than 500 people per square per second to the subscriber and at least ‘‘(B) ONLY CERTAIN INVESTMENT TAKEN INTO mile of land. 128,000 bits per second from the subscriber. ACCOUNT.—Except as provided in subpara- ‘‘(17) RURAL SUBSCRIBER.—The term ‘rural ‘‘(5) MULTIPLEXING OR DEMULTIPLEXING.— graph (C) or (D), equipment shall be taken subscriber’ means any residential subscriber The term ‘multiplexing’ means the trans- into account under subparagraph (A) only to residing in a dwelling located in a rural area mission of 2 or more signals over a single the extent it— or nonresidential subscriber maintaining a channel, and the term ‘demultiplexing’ ‘‘(i) extends from the last point of switch- permanent place of business located in a means the separation of 2 or more signals ing to the outside of the unit, building, rural area. previously combined by compatible multi- dwelling, or office owned or leased by a sub- ‘‘(18) SATELLITE CARRIER.—The term ‘sat- plexing equipment. scriber in the case of a telecommunications ellite carrier’ means any person using the fa- ‘‘(6) NEXT GENERATION BROADBAND SERV- carrier, cilities of a satellite or satellite service li- ICE.—The term ‘next generation broadband ‘‘(ii) extends from the customer side of the censed by the Federal Communications Com- service’ means the transmission of signals at mobile telephone switching office to a trans- mission and operating in the Fixed-Satellite a rate of at least 22,000,000 bits per second to mission/receive antenna (including such an- Service under part 25 of title 47 of the Code the subscriber and at least 5,000,000 bits per tenna) owned or leased by a subscriber in the of Federal Regulations or the Direct Broad- second from the subscriber. case of a commercial mobile service carrier, cast Satellite Service under part 100 of title ‘‘(7) NONRESIDENTIAL SUBSCRIBER.—The ‘‘(iii) extends from the customer side of the 47 of such Code to establish and operate a term ‘nonresidential subscriber’ means any headend to the outside of the unit, building, channel of communications for distribution person who purchases broadband services dwelling, or office owned or leased by a sub- of signals, and owning or leasing a capacity which are delivered to the permanent place scriber in the case of a cable operator or or service on a satellite in order to provide of business of such person. open video system operator, or such point-to-multipoint distribution. ‘‘(8) OPEN VIDEO SYSTEM OPERATOR.—The ‘‘(iv) extends from a transmission/receive ‘‘(19) SATURATED MARKET.—The term ‘satu- term ‘open video system operator’ means antenna (including such antenna) which rated market’ means any census tract in any person authorized to provide service transmits and receives signals to or from which, as of the date of the enactment of under section 653 of the Communications Act multiple subscribers, to a transmission/re- this section— of 1934 (47 U.S.C. 573). ceive antenna (including such antenna) on ‘‘(A) current generation broadband services ‘‘(9) OTHER WIRELESS CARRIER.—The term the outside of the unit, building, dwelling, or have been provided by a single provider to 85 ‘other wireless carrier’ means any person office owned or leased by a subscriber in the percent or more of the total number of po- (other than a telecommunications carrier, case of a satellite carrier or other wireless tential residential subscribers residing in commercial mobile service carrier, cable op- carrier, unless such other wireless carrier is dwellings located within such census tract, erator, open video system operator, or sat- also a telecommunications carrier. and ellite carrier) providing current generation ‘‘(C) PACKET SWITCHING EQUIPMENT.—Pack- ‘‘(B) such services can be utilized— broadband services or next generation et switching equipment, regardless of loca- ‘‘(i) at least a majority of the time during broadband service to subscribers through the tion, shall be taken into account under sub- periods of maximum demand by each such radio transmission of energy. paragraph (A) only if it is deployed in con- subscriber who is utilizing such services, and ‘‘(10) PACKET SWITCHING.—The term ‘packet nection with equipment described in sub- ‘‘(ii) in a manner substantially the same as switching’ means controlling or routing the paragraph (B) and is uniquely designed to such services are provided by the provider to path of any digitized transmission signal perform the function of packet switching for subscribers through equipment with respect which is assembled into packets or cells. current generation broadband services or to which no deduction is allowed under sub- ‘‘(11) PROVIDER.—The term ‘provider’ next generation broadband services, but only section (a)(1). means, with respect to any qualified equip- if such packet switching is the last in a se- ‘‘(20) SUBSCRIBER.—The term ‘subscriber’ ment— ries of such functions performed in the trans- means any person who purchases current ‘‘(A) a cable operator, mission of a signal to a subscriber or the generation broadband services or next gen- ‘‘(B) a commercial mobile service carrier, first in a series of such functions performed eration broadband services. ‘‘(C) an open video system operator, in the transmission of a signal from a sub- ‘‘(21) TELECOMMUNICATIONS CARRIER.—The ‘‘(D) a satellite carrier, scriber. term ‘telecommunications carrier’ has the ‘‘(E) a telecommunications carrier, or ‘‘(D) MULTIPLEXING AND DEMULTIPLEXING meaning given such term by section 3(44) of ‘‘(F) any other wireless carrier, EQUIPMENT.—Multiplexing and the Communications Act of 1934 (47 U.S.C. providing current generation broadband demultiplexing equipment shall be taken 153(44)), but— services or next generation broadband serv- into account under subparagraph (A) only to ‘‘(A) includes all members of an affiliated ices to subscribers through such qualified the extent it is deployed in connection with group of which a telecommunications carrier equipment. equipment described in subparagraph (B) and is a member, and

VerDate jul 14 2003 03:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.056 S25PT1 S442 CONGRESSIONAL RECORD — SENATE January 25, 2005 ‘‘(B) does not include a commercial mobile the basis of any property to which this para- prescribe such regulations as may be nec- service carrier. graph applies shall be reduced under section essary or appropriate to carry out the pur- ‘‘(22) TOTAL POTENTIAL SUBSCRIBER POPU- 1016(a)(32).’’. poses of section 191 of such Code, including— LATION.—The term ‘total potential sub- (c) CONFORMING AMENDMENTS.— (A) regulations to determine how and when scriber population’ means, with respect to (1) Section 263(a)(1) of the Internal Rev- a taxpayer that incurs qualified broadband any area and based on the most recent cen- enue Code of 1986 (relating to capital expend- expenditures satisfies the requirements of sus data, the total number of potential resi- itures) is amended by striking ‘‘or’’ at the section 191 of such Code to provide dential subscribers residing in dwellings lo- end of subparagraph (H), by striking the pe- broadband services, and cated in such area and potential nonresiden- riod at the end of subparagraph (I) and in- (B) regulations describing the information, tial subscribers maintaining permanent serting ‘‘, or’’, and by adding at the end the records, and data taxpayers are required to places of business located in such area. following new subparagraph: provide the Secretary to substantiate com- ‘‘(23) UNDERSERVED AREA.—The term ‘un- ‘‘(J) expenditures for which a deduction is pliance with the requirements of section 191 derserved area’ means— allowed under section 191.’’. of such Code. ‘‘(A) any census tract which is located in— (2) Section 1016(a) of such Code is amended (f) EFFECTIVE DATE.—The amendments ‘‘(i) an empowerment zone or enterprise by striking ‘‘and’’ at the end of paragraph made by this section shall apply to expendi- community designated under section 1391, or (30), by striking the period at the end of tures incurred after the date of the enact- ‘‘(ii) the District of Columbia Enterprise paragraph (31) and inserting ‘‘, and’’, and by ment of this Act and before the date which is Zone established under section 1400, or adding at the end the following new para- 60 months after the date of the enactment of ‘‘(B) any census tract— graph: this Act. ‘‘(i) the poverty level of which is at least 30 ‘‘(32) to the extent provided in section percent (based on the most recent census 191(f)(2).’’. CHAPTER 7—RESEARCH AND data), and (3) The table of sections for part VI of sub- DEVELOPMENT TAX CREDIT ‘‘(ii) the median family income of which chapter A of chapter 1 of such Code is SEC. 281. FINDINGS. does not exceed— amended by inserting after the item relating Congress finds the following: ‘‘(I) in the case of a census tract located in to section 190 the following new item: a metropolitan statistical area, 70 percent of (1) Research and development performed in ‘‘Sec. 191. Broadband expenditures.’’. the greater of the metropolitan area median the United States results in quality jobs, family income or the statewide median fam- (d) DESIGNATION OF CENSUS TRACTS.— better and safer products, increased owner- ily income, and (1) IN GENERAL.—The Secretary of the ship of technology-based intellectual prop- ‘‘(II) in the case of a census tract located Treasury shall, not later than 90 days after erty, and higher productivity in the United in a nonmetropolitan statistical area, 70 per- the date of the enactment of this Act, des- States. cent of the nonmetropolitan statewide me- ignate and publish those census tracts meet- (2) Since 1994, private sector research and dian family income. ing the criteria described in paragraphs (16), development employment has grown at a ‘‘(24) UNDERSERVED SUBSCRIBER.—The term (22), and (23) of section 191(e) of the Internal faster rate than overall private sector em- ‘underserved subscriber’ means any residen- Revenue Code of 1986 (as added by this sec- ployment in the United States. From 1994 to tial subscriber residing in a dwelling located tion). In making such designations, the Sec- 2000, there was an average annual growth in an underserved area or nonresidential sub- retary of the Treasury shall consult with rate of 5.4 percent in research and develop- scriber maintaining a permanent place of such other departments and agencies as the ment employment, compared with 2.7 per- business located in an underserved area. Secretary determines appropriate. cent in total employment. ‘‘(f) SPECIAL RULES.— (2) SATURATED MARKET.— (3) The extent to which companies perform ‘‘(1) PROPERTY USED OUTSIDE THE UNITED (A) IN GENERAL.—For purposes of desig- and increase research and development ac- STATES, ETC., NOT QUALIFIED.—No expendi- nating and publishing those census tracts tivities in the United States is in part de- tures shall be taken into account under sub- meeting the criteria described in subsection pendent on Federal tax policy. section (a)(1) with respect to the portion of (e)(19) of such section 191— (4) The private sector performed most of the cost of any property referred to in sec- (i) the Secretary of the Treasury shall pre- the Nation’s research and development and tion 50(b) or with respect to the portion of scribe not later than 30 days after the date of accounted for more than two-thirds of total the cost of any property specified in an elec- the enactment of this Act the form upon research and development performance in tion under section 179. which any provider which takes the position 2003. Of the $194,000,000,000 in industrial re- ‘‘(2) BASIS REDUCTION.— that it meets such criteria with respect to search and development performed in 2003, ‘‘(A) IN GENERAL.—For purposes of this any census tract shall submit a list of such more than 90 percent was funded by industry. title, the basis of any property shall be re- census tracts (and any other information re- (5) Many of the countries with which the duced by the portion of the cost of such prop- quired by the Secretary) not later than 60 United States competes have introduced new erty taken into account under subsection days after the date of the publication of such or revised national plans for science, tech- (a)(1). form, and nology, and innovation policy, and a growing ‘‘(B) ORDINARY INCOME RECAPTURE.—For (ii) the Secretary of the Treasury shall number of countries have established targets purposes of section 1245, the amount of the publish an aggregate list of such census for increased research and development deduction allowable under subsection (a)(1) tracts and the applicable providers not later spending. Virtually all countries are seeking with respect to any property which is of a than 30 days after the last date such submis- ways to enhance the quality and efficiency of character subject to the allowance for depre- sions are allowed under clause (i). public research, stimulate business invest- ciation shall be treated as a deduction al- (B) NO SUBSEQUENT LISTS REQUIRED.—The ments in research and development, and lowed for depreciation under section 167. Secretary of the Treasury shall not be re- strengthen linkages between the public and ‘‘(3) COORDINATION WITH SECTION 38.—No quired to publish any list of census tracts private sectors. credit shall be allowed under section 38 with meeting such criteria subsequent to the list (6) Direct government support to business respect to any amount for which a deduction described in subparagraph (A)(ii). research and development has declined, both is allowed under subsection (a)(1).’’. (e) OTHER REGULATORY MATTERS.— in absolute terms and as a share of business (b) SPECIAL RULE FOR MUTUAL OR COOPERA- (1) PROHIBITION.—No Federal or State agen- research and development, and greater em- TIVE TELEPHONE COMPANIES.—Section 512(b) cy or instrumentality shall adopt regula- phasis is being placed on indirect measures, of the Internal Revenue Code of 1986 (relat- tions or ratemaking procedures that would such as tax incentives for research and devel- ing to modifications) is amended— have the effect of eliminating or reducing opment. (1) by redesignating paragraph (18) as any deduction or portion thereof allowed (7) Congress should make permanent a re- added by section 702(a) of the American Jobs under section 191 of the Internal Revenue search and development credit that provides Creation Act of 2004 as paragraph (19), and Code of 1986 (as added by this section) or oth- a meaningful incentive to all types of tax- (2) by adding at the end the following new erwise subverting the purpose of this section. payers. paragraph: (2) TREASURY REGULATORY AUTHORITY.—It SEC. 282. PERMANENT EXTENSION OF RESEARCH ‘‘(20) SPECIAL RULE FOR MUTUAL OR COOPER- is the intent of Congress in providing the CREDIT. ATIVE TELEPHONE COMPANIES.—A mutual or election to deduct qualified broadband ex- cooperative telephone company which for penditures under section 191 of the Internal (a) IN GENERAL.—Section 41 of the Internal the taxable year satisfies the requirements Revenue Code of 1986 (as added by this sec- Revenue Code of 1986 (relating to credit for of section 501(c)(12)(A) may elect to reduce tion) to provide incentives for the purchase, increasing research activities) is amended by its unrelated business taxable income for installation, and connection of equipment striking subsection (h). such year, if any, by an amount that does and facilities offering expanded broadband (b) CONFORMING AMENDMENT.—Paragraph not exceed the qualified broadband expendi- access to the Internet for users in certain (1) of section 45C(b) of such Code is amended tures which would be taken into account low income and rural areas of the United by striking subparagraph (D). under section 191 for such year by such com- States, as well as to residential users nation- (c) EFFECTIVE DATE.—The amendments pany if such company was not exempt from wide, in a manner that maintains competi- made by this section shall apply to amounts taxation. Any amount which is allowed as a tive neutrality among the various classes of paid or incurred after the date of the enact- deduction under this paragraph shall not be providers of broadband services. Accord- ment of this Act, in taxable years ending allowed as a deduction under section 191 and ingly, the Secretary of the Treasury shall after such date.

VerDate jul 14 2003 03:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.057 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S443 SEC. 283. INCREASE IN RATES OF ALTERNATIVE for increasing research activities) is amend- preceding sentence, a preceding calendar INCREMENTAL CREDIT. ed by striking ‘‘and’’ at the end of paragraph year may be taken into account only if the (a) IN GENERAL.—Subparagraph (A) of sec- (1), by striking the period at the end of para- person was in existence throughout the year. tion 41(c)(4) of the Internal Revenue Code of graph (2) and inserting ‘‘, and’’, and by add- ‘‘(II) STARTUPS, CONTROLLED GROUPS, AND 1986 (relating to election of alternative in- ing at the end the following new paragraph: PREDECESSORS.—Rules similar to the rules of cremental credit) is amended— ‘‘(3) 20 percent of the amounts paid or in- subparagraphs (B) and (D) of section 220(c)(4) (1) by striking ‘‘2.65 percent’’ and inserting curred by the taxpayer in carrying on any shall apply for purposes of this clause. ‘‘3 percent’’, trade or business of the taxpayer during the ‘‘(iv) FEDERAL LABORATORY.—For purposes (2) by striking ‘‘3.2 percent’’ and inserting taxable year (including as contributions) to of this subparagraph, the term ‘Federal lab- ‘‘4 percent’’, and a research consortium.’’. oratory’ has the meaning given such term by (3) by striking ‘‘3.75 percent’’ and inserting (2) RESEARCH CONSORTIUM DEFINED.—Sec- section 4(6) of the Stevenson-Wydler Tech- ‘‘5 percent’’. tion 41(f) of such Code (relating to special nology Innovation Act of 1980 (15 U.S.C. (b) EFFECTIVE DATE.—The amendments rules) is amended by adding at the end the 3703(6)), as in effect on the date of the enact- made by this section shall apply to taxable following new paragraph: ment of this subparagraph.’’. years ending after the date of the enactment ‘‘(6) RESEARCH CONSORTIUM.— (c) EFFECTIVE DATE.—The amendments of this Act. ‘‘(A) IN GENERAL.—The term ‘research con- made by this section shall apply to amounts SEC. 284. ALTERNATIVE SIMPLIFIED CREDIT FOR sortium’ means any organization— paid or incurred after the date of the enact- QUALIFIED RESEARCH EXPENSES. ‘‘(i) which is— ment of this Act, in taxable years ending (a) IN GENERAL.—Subsection (c) of section ‘‘(I) described in section 501(c)(3) or after such date. 41 of the Internal Revenue Code of 1986 (re- 501(c)(6) and is exempt from tax under sec- Subtitle C—Technology Programs lating to base amount) is amended by redes- tion 501(a) and is organized and operated pri- ignating paragraphs (5) and (6) as paragraphs marily to conduct research, or SEC. 291. AUTHORIZATIONS OF APPROPRIATIONS FOR THE ADVANCED TECHNOLOGY (6) and (7), respectively, and by inserting ‘‘(II) organized and operated primarily to PROGRAM AND THE MANUFAC- after paragraph (4) the following new para- conduct research in the public interest TURING EXTENSION PARTNERSHIP graph: (within the meaning of section 501(c)(3)), PROGRAM. ‘‘(5) ELECTION OF ALTERNATIVE SIMPLIFIED ‘‘(ii) which is not a private foundation, (a) ADVANCED TECHNOLOGY PROGRAM.— CREDIT.— ‘‘(iii) to which at least 5 unrelated persons (1) FINDINGS.—Congress makes the fol- ‘‘(A) IN GENERAL.—At the election of the paid or incurred during the calendar year in lowing findings: taxpayer, the credit determined under sub- which the taxable year of the organization (A) The Advanced Technology Program section (a)(1) shall be equal to 12 percent of begins amounts (including as contributions) (ATP) has played an important role in help- so much of the qualified research expenses to such organization for research, and ing United States companies develop new, for the taxable year as exceeds 50 percent of ‘‘(iv) to which no single person paid or in- breakthrough technologies. ATP has funded the average qualified research expenses for curred (including as contributions) during research ranging from cancer vaccines, to hi- the 3 taxable years preceding the taxable such calendar year an amount equal to more tech flexible displays, to composite mate- year for which the credit is being deter- than 50 percent of the total amounts re- rials, to fuel cells, all of which are the kinds mined. ceived by such organization during such cal- of technological advances that give the ‘‘(B) SPECIAL RULE IN CASE OF NO QUALIFIED endar year for research. United States a competitive advantage glob- RESEARCH EXPENSES IN ANY OF 3 PRECEDING ‘‘(B) TREATMENT OF PERSONS.—All persons ally. TAXABLE YEARS.— treated as a single employer under sub- (B) The National Academy of Science has ‘‘(i) TAXPAYERS TO WHICH SUBPARAGRAPH section (a) or (b) of section 52 shall be treat- found it to be an effective program that APPLIES.—The credit under this paragraph ed as related persons for purposes of subpara- could use more funding wisely, and the Na- shall be determined under this subparagraph graph (A)(iii) and as a single person for pur- tional Association of Manufacturers (NAM), if the taxpayer has no qualified research ex- poses of subparagraph (A)(iv).’’. the Biotechnology Industry Organization penses in any 1 of the 3 taxable years pre- (3) CONFORMING AMENDMENT.—Section (BIO), the Industrial Research Institute, the ceding the taxable year for which the credit 41(b)(3)(C)(ii) of such Code is amended by in- Alliance for Science and Technology Re- is being determined. serting ‘‘(other than a research consortium)’’ search in America, and the American Chem- ‘‘(ii) CREDIT RATE.—The credit determined after ‘‘organization’’. ical Society support ATP. under this subparagraph shall be equal to 6 (b) REPEAL OF LIMITATION ON CONTRACT RE- (C) Businesses need this type of program percent of the qualified research expenses for SEARCH EXPENSES PAID TO SMALL BUSI- more than ever as venture capital funds have the taxable year. NESSES, UNIVERSITIES, AND FEDERAL LABORA- become more scarce in the current economy. ‘‘(C) ELECTION.—An election under this TORIES.—Section 41(b)(3) of the Internal Rev- ATP bridges this gap between the research paragraph shall apply to the taxable year for enue Code of 1986 (relating to contract re- lab and market capital, facilitating the crit- which made and all succeeding taxable years search expenses) is amended by adding at the ical transfer of technology to the private unless revoked with the consent of the Sec- end the following new subparagraph: sector that leads to the development of prod- retary. An election under this paragraph ‘‘(D) AMOUNTS PAID TO ELIGIBLE SMALL ucts and services that make use of new, tech- may not be made for any taxable year to BUSINESSES, UNIVERSITIES, AND FEDERAL LAB- nological breakthroughs. which an election under paragraph (4) ap- ORATORIES.— (D) Not only does ATP promote economic plies.’’. ‘‘(i) IN GENERAL.—In the case of amounts security and global competitiveness for the (b) COORDINATION WITH ELECTION OF ALTER- paid by the taxpayer to— nation as a whole, it is an important pro- NATIVE INCREMENTAL CREDIT.— ‘‘(I) an eligible small business, gram for generating jobs domestically. Last (1) IN GENERAL.—Section 41(c)(4)(B) of the ‘‘(II) an institution of higher education (as year nearly 80 percent of ATP awards went Internal Revenue Code of 1986 (relating to defined in section 3304(f)), or to small businesses, an essential job-creating election) is amended by adding at the end ‘‘(III) an organization which is a Federal sector in the United States economy. the following: ‘‘An election under this para- laboratory, (E) ATP is also vital to the homeland secu- graph may not be made for any taxable year for qualified research, subparagraph (A) shall rity of the United States. ATP has funded to which an election under paragraph (5) ap- be applied by substituting ‘100 percent’ for many projects in detection, preparedness, plies.’’. ‘65 percent’. prevention and response with significant ap- (2) TRANSITION RULE.—In the case of an ‘‘(ii) ELIGIBLE SMALL BUSINESS.—For pur- plications for homeland security. With con- election under section 41(c)(4) of the Internal poses of this subparagraph, the term ‘eligible tinued financial support through ATP to de- Revenue Code of 1986 which applies to the small business’ means a small business with velop these projects and their security appli- taxable year which includes the date of the respect to which the taxpayer does not own cations, the United States will become more enactment of this Act, such election shall be (within the meaning of section 318) 50 per- secure. treated as revoked with the consent of the cent or more of— (F) Despite the importance and success of Secretary of the Treasury if the taxpayer ‘‘(I) in the case of a corporation, the out- ATP, current funding levels do not meet the makes an election under section 41(c)(5) of standing stock of the corporation (either by demand. Over 1,000 proposals for ATP fund- such Code (as added by subsection (a)) for vote or value), and ing that were submitted in 2002 yielded such year. ‘‘(II) in the case of a small business which enough high quality projects for the ATP (c) EFFECTIVE DATE.—The amendments is not a corporation, the capital and profits funding that was available in both fiscal made by this section shall apply to taxable interests of the small business. years 2002 and 2003. The 870 applications for years ending after the date of the enactment ‘‘(iii) SMALL BUSINESS.—For purposes of ATP funding received in fiscal year 2004 of this Act. this subparagraph— made the second highest number of applica- SEC. 285. EXPANSION OF RESEARCH CREDIT. ‘‘(I) IN GENERAL.—The term ‘small busi- tions for ATP funding that were received in (a) CREDIT FOR EXPENSES ATTRIBUTABLE TO ness’ means, with respect to any calendar any fiscal year, but funding was only avail- CERTAIN COLLABORATIVE RESEARCH CON- year, any person if the annual average num- able for 59 awards. No funding for new SORTIA.— ber of employees employed by such person awards is available in fiscal year 2005. (1) IN GENERAL.—Section 41(a) of the Inter- during either of the 2 preceding calendar (G) According to the 2004 annual report on nal Revenue Code of 1986 (relating to credit years was 500 or fewer. For purposes of the the ATP, returns from just 41 of the 736 ATP

VerDate jul 14 2003 03:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.057 S25PT1 S444 CONGRESSIONAL RECORD — SENATE January 25, 2005 projects have exceeded $17,000,000,000 in eco- economic growth and high-wage job creation 12,000 out of some 40,000 proposals as ‘‘very nomic benefits, more than 8 times the will soon atrophy, with deleterious effects on good to excellent’’ or ‘‘excellent,’’ yet, due to amount of money spent on all 736 projects. the national security of the United States. budget constraints, only 56 percent of such (2) AUTHORIZATION OF APPROPRIATIONS.— In 2001, the Hart-Rudman Commission on Na- proposals were funded. There are authorized to be appropriated to tional Security for the 21st Century charac- (8) The National Science Foundation and the Secretary of Commerce for the Advanced terized the failure of the United States to in- the Office of Science in the Department of Technology Program of the National Insti- vest in science and to reform science and Energy are among the greatest assets of the tute of Standards and Technology— mathematics education as the second biggest United States for the advancement of (A) $247,200,000 for fiscal year 2005; threat to national security, stating that science, mathematical, engineering, and (B) $254,616,000 for fiscal year 2006; ‘‘[s]econd only to a weapon of mass destruc- technology research and education. Al- (C) $262,254,000 for fiscal year 2007; and tion detonating in an American city, we can though the National Science Foundation ac- (D) $270,122,000 for fiscal year 2008. think of nothing more dangerous than a fail- counts for only 4 percent of Federal research (b) MANUFACTURING EXTENSION PARTNER- ure to manage properly science, technology, and development spending, it provides nearly SHIP PROGRAM.— and education for the common good over the 50 percent of all Federal support for non- (1) FINDINGS.—Congress makes the fol- next quarter century’’. medical basic research conducted in United lowing findings: (3) The United States has reaped enormous States colleges and universities. Similarly, (A) Small- and medium-sized manufactur- economic benefits from being the first coun- the Office of Science of the Department of ers in the United States employ 7,000,000 peo- try to lead in the development of the Inter- Energy funds over half of all university re- ple and contribute $711,000,000,000, or 7 per- net and the harnessing of biotechnology. search in disciplines such as physics and ma- cent of the Gross Domestic Product to the These developments, though, are far from terials science, and has played a crucial role United States economy. The Hollings Manu- being the last technological revolutions to in national science and technology initia- facturing Extension Partnership (MEP) Pro- influence the economy of the United States. tives such as advancing high-performance gram supports a network of locally run cen- Technological changes that promise major computing and the sequencing of the human ters that provide technical advice and con- economic effects are now being made in genome. Both the National Science Founda- sulting to these firms in all fifty States and areas such as— tion and the Office of Science fund research Puerto Rico. Since its inception, the Hol- (A) microelectronics, including the contin- in new frontiers of scientific inquiry and lings MEP Program has assisted 149,000 of ued miniaturization of electronic devices and contribute to creating a highly skilled, com- the 380,000 small and medium-sized manufac- the increasingly widespread diffusion of data petitive workforce in science and engineer- turers in the United States. processing power; ing. (B) The Hollings MEP Program is a proven (B) high-end supercomputing; (9) President Bush has also consistently program. Studies show that Hollings MEP (C) telecommunications technologies; proposed terminating the Advanced Tech- Program manufacturers have four times (D) artificial materials, including mate- nology Program at the Department of Com- more productivity growth than non-MEP rials in which the structure has been de- merce, which helps stimulate companies to firms, and the program has proven to lead to signed and built at the atomic or molecular participate in high-risk, high-payoff research increased sales, increased capital invest- level, the essence of nanotechnology; and development and is perhaps one of the ment, cost savings and the creation or reten- (E) robotics; and most successful programs in directly stimu- tion of jobs in the United States. (F) new energy technologies, particular in- lating industrial innovation in the United (C) The Hollings MEP Program is more im- cluding renewable energy technologies that States. Projects supported by the Advanced portant today than ever as the Nation faces are as inexpensive as traditional fossil Technology Program span a broad range of a looming current account deficit. The sources of energy, technologies using hydro- key technology areas, such as oil explo- United States has lost over 880,000 manufac- gen as an energy carrier, and technologies ration, automobile manufacturing, and new turing jobs during 2003 and 2004. Such manu- for energy efficiencies. medical diagnostic and therapeutic tech- facturing jobs pay on average 19 percent (4) Because of the interconnected nature of nologies and investments made by the pro- higher wages than the industry average. modern science and technology, advances in gram accelerate the development process for (D) The Hollings MEP Program is not just one field depend on research results in other, innovative technologies that promise signifi- about economic security. Manufacturers seemingly unrelated fields. Biomedical cant commercial payoff and widespread ben- with fewer than 500 employees comprise science has been consistently shown to rely efits. more than 80 percent of the suppliers in key on advances in fields such as chemistry, ma- (10) The continual cycle of basic research, defense sectors. Helping such manufacturers terials science, mathematics, computer applied research, and development gives rise helps the national security of the United science, and physics. Without basic advances to new products and processes, new ideas and States. in chemistry, computer science, and mathe- understanding, and new researchers and edu- (2) AUTHORIZATION OF APPROPRIATIONS.— matics, the sequencing of the human genome cators. Each link in this chain depends on There are authorized to be appropriated to could not have been successfully undertaken. the others. Basic research produces the fun- the Secretary of Commerce for the Hollings (5) In the 60 years since World War II, other damental understandings that underpin ap- Manufacturing Extension Partnership Pro- countries and regions of the world have built plications and the development process. The gram of the National Institute of Standards science and technology capabilities that resulting technologies and innovations cre- and Technology— rival those of the United States today, or ate economic growth through new products (A) $110,210,000 for fiscal year 2005; that could rival such capabilities of the and job creation and stimulate new thinking (B) $113,516,000 for fiscal year 2006; United States in the future. The govern- and advances in scientific instrumentation, (C) $116,921,000 for fiscal year 2007; and ments of China, India, Japan, and the coun- which in turn stimulate new inquiries that (D) $120,429,000 for fiscal year 2008. tries of the European Union have all tar- lead to new fundamental research. All of this (3) MANUFACTURING EXTENSION PARTNER- geted significant advancements in research activity improves the quality of life in the SHIP PROGRAM DEFINED.—In this subsection, and innovation as central elements of the United States, and when adequately sup- the term ‘‘Hollings Manufacturing Extension plans for future national and regional eco- ported, contributes to the continued leader- Partnership Program’’ means the program of nomic prosperity. ship of the United States in science and tech- Hollings Manufacturing Extension Partner- (6) President George W. Bush has largely nology. ship carried out by the National Institute of ignored this challenge, proposing budgets (11) A revitalized science and technology Standards and Technology under section 26 that have under-funded or terminated key policy focused on advancing all of the links of the National Institute of Standards and programs promoting United States scientific of this chain, from basic research through Technology Act (15 U.S.C. 278l), as provided and technological strength, including cuts technology deployment, is necessary if the in part 292 of title 15, Code of Federal Regu- to— United States is to maintain its techno- lations. (A) basic and applied research in the De- logical preeminence over the next decade partment of Defense; and beyond. Applications stemming from SEC. 292. SENSE OF THE SENATE PROMOTING SCIENCE AND TECHNOLOGY FUND- (B) agricultural research; basic research can take over 20 years to ING FOR A STRONGER ECONOMIC (C) transportation research; and evolve into next generation technologies. In- FUTURE. (D) fundamental research in the physical adequate funding of basic research may not (a) FINDINGS.—The Senate makes the fol- sciences and engineering at the Department seem acute today, but 20 years from now, it lowing findings: of Energy and elsewhere. will be extremely difficult to correct an in- (1) Leading economists have consistently (7) For other programs that have been pro- ability of the United States to compete sci- attributed more than 50 percent of the posed for small increases, such as the Na- entifically and technologically, which could growth in the economy of the United States tional Science Foundation, the amount of be caused by inadequate funding now. to scientific and technological innovation. funding provided to individual grantees is (12) In order to ensure strength in these The economic future of the United States, well below the amounts that would lead to areas, it is necessary for the United States thus, depends on the United States remain- optimal scientific productivity and contin- Government to ensure that scientists and ing the world leader in science and tech- ued United States leadership in science and technology experts in the United States re- nology. technology. In fiscal year 2004, the National ceive the best education possible. After the (2) If the United States loses its leadership Science Foundation’s stringent peer review Russians launched Sputnik, Congress passed in science and technology, its capacity for evaluation process judged approximately the National Defense Education Act of 1958

VerDate jul 14 2003 03:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.057 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S445 (Public Law 85–864), which declared ‘‘an edu- ‘‘(D) the international competitive posi- ‘‘(6) The principal function of the Chief En- cational emergency’’ and led to the more tion and export potential of United States forcement Negotiator shall be to conduct ne- than doubling of Federal expenditures for products and services. gotiations to ensure compliance with trade education. The programs authorized under ‘‘(3) CONTENTS OF REPORT.—The Trade Rep- agreements relating to United States manu- that Act helped the United States to im- resentative may include in the report, if ap- factured goods and services. The Chief En- prove rapidly in the areas of science and propriate— forcement Negotiator shall recommend in- technology, and led to United States domi- ‘‘(A) a description of foreign country prac- vestigating and prosecuting cases before the nance in the arms race and the global econ- tices that may in the future warrant identi- World Trade Organization and under trade omy. fication as priority foreign country prac- agreements to which the United States is a (13) The United States would be well served tices; and party. The Chief Enforcement Negotiator by the enactment of a new National Defense ‘‘(B) a statement about other foreign coun- shall recommend administering United Education Act. Third in the world in 1975, try practices that were not identified be- States trade laws relating to foreign govern- America now ranks 15th in the development cause they are already being addressed by ment barriers to United States goods and of new scientists and engineers. Today, India provisions of United States trade law, by ex- services. The Chief Enforcement Negotiator and China annually produce 10 times as isting bilateral trade agreements, or as part shall perform such other functions as the many new engineers as the United States. of trade negotiations with other countries United States Trade Representative may di- Out of over 15,000,000 college students in the and progress is being made toward the elimi- rect.’’. United States, fewer than 400,000 individuals nation of such practices. SEC. 313. FOREIGN DEBT. graduate with a bachelor’s degree in math, ‘‘(b) INITIATION OF CONSULTATIONS.—By no (a) SHORT TITLE.—This section may be science, engineering, or technology each later than the date that is 21 days after the cited as the ‘‘Foreign Debt Ceiling Act of year, and only 75,000 postgraduate students date on which a report is submitted to the 2005’’. (b) FOREIGN DEBT CEILING.— go on to obtain a master’s degree in math, appropriate congressional committees under (1) FINDINGS.—Congress makes the fol- science, engineering, or technology. subsection (a)(1), the Trade Representative lowing findings: shall seek consultations with each foreign (b) SENSE OF THE SENATE.—It is the sense (A) The United States has become the country identified in the report as engaging of the Senate that— world’s largest net debtor Nation, having run in priority foreign country practices for the (1) Congress and the President should di- up massive trade deficits since the 1990s. rect significant new investments in the Na- purpose of reaching a satisfactory resolution (B) At the end of 2002, the net United tional Science Foundation, the Office of of such priority practices. States foreign debt stood at $2,553,000,000,000. Science at the Department of Energy, the ‘‘(c) INITIATION OF INVESTIGATION.—If a sat- (C) The United States foreign debt position National Institutes of Health, and the Na- isfactory resolution of priority foreign coun- worsened in 2003, when the United States had tional Institute of Standards and Technology try practices has not been reached under a record trade deficit of $489,000,000,000, to increase federally funded research in basic subsection (b) within 90 days after the date equivalent to 4.4 percent of the United science and technology so that the United on which a report is submitted to the appro- States GDP that year. States can better compete in the inter- priate congressional committees under sub- (D) The large and growing United States national economy; and section (a)(1), the Trade Representative shall foreign debt represents claims on United (2) Congress and the President should di- initiate under section 302(b)(1) an investiga- States assets by foreign nationals, which rect significant new investments into the en- tion under this chapter with respect to such will eventually have to be repaid. If un- hancement of elementary and secondary edu- priority foreign country practices. checked, the foreign debt could seriously un- cation programs related to math, science, ‘‘(d) AGREEMENTS FOR THE ELIMINATION OF dermine our children’s future standard of liv- and technology and substantially expand ac- BARRIERS.—In the consultations with a for- ing. cess to postsecondary education for United eign country that the Trade Representative (E) Moreover, the growing accumulation of States students seeking degrees in math, is required to request under section 303(a) foreign claims on United States assets, in- science, and technology. with respect to an investigation initiated by cluding over $1,200,000,000,000 in United TITLE III—FAIR TRADE AND reason of subsection (c), the Trade Rep- States Treasury securities, makes the COMPETITIVENESS resentative shall seek to negotiate an agree- United States economy vulnerable to the ment that provides for the elimination of the whims of foreign investors. Subtitle A—Trade Enforcement Enhancement practices that are the subject of the inves- (F) Congress presently places a ceiling on SEC. 311. IDENTIFICATION OF TRADE EXPANSION tigation as quickly as possible or, if elimi- United States public debt, but does not place PRIORITIES. nation of the practices is not feasible, an a ceiling on United States foreign debt. Section 310 of the Trade Act of 1974 (19 agreement that provides for compensatory (G) Just as Congress recognized the impor- U.S.C. 2420) is amended to read as follows: trade benefits. tance of placing a ceiling on the United ‘‘SEC. 310. IDENTIFICATION OF TRADE EXPAN- ‘‘(e) REPORTS.—The Trade Representative States public debt, it is appropriate that SION PRIORITIES. shall include in the semiannual report re- Congress place a limit on the United States ‘‘(a) IDENTIFICATION.— quired by section 309 a report on the status foreign debt. ‘‘(1) IDENTIFICATION AND REPORT.—Within 30 of any investigations initiated pursuant to (2) ACTIONS TRIGGERED BY UNITED STATES days after the submission in each of calendar subsection (c) and, where appropriate, the FOREIGN DEBT.— year 2005 through 2009 of the report required extent to which such investigations have led (A) IN GENERAL.—Not later than the 15th by section 181(b), the Trade Representative to increased opportunities for the export of day of the second month after the date of en- shall— products and services of the United States.’’. actment of this Act, and every 3 months ‘‘(A) review United States trade expansion SEC. 312. CHIEF ENFORCEMENT NEGOTIATOR. thereafter, the United States Trade Rep- priorities; (a) ESTABLISHMENT OF POSITION.—Section resentative shall determine if— ‘‘(B) identify priority foreign country prac- 141(b)(2) of the Trade Act of 1974 (19 U.S.C. (i) the net United States foreign debt for tices, the elimination of which is likely to 2171(b)(2)) is amended to read as follows: the preceding 12-month period is more than have the most significant potential to in- ‘‘(2) There shall be in the Office 3 Deputy 25 percent of United States GDP for the same crease United States exports, either directly United States Trade Representatives, 1 Chief period; or or through the establishment of a beneficial Agricultural Negotiator, and 1 Chief Enforce- (ii) the United States trade deficit for the precedent; and ment Negotiator. The 3 Deputy United preceding 12-month period is more than 5 ‘‘(C) submit to the Committee on Finance States Trade Representatives and the 2 Chief percent of United States GDP for the same of the Senate and the Committee on Ways Negotiators shall be appointed by the Presi- period. and Means of the House of Representatives dent, by and with the advice and consent of (B) ACTION BY USTR.—Whenever an affirma- and publish in the Federal Register a report the Senate. As an exercise of the rulemaking tive determination is made under subpara- on the priority foreign country practices power of the Senate, any nomination of a graph (A) (i) or (ii), the United States Trade identified. Deputy United States Trade Representative, Representative shall— ‘‘(2) FACTORS.—In identifying priority for- the Chief Agricultural Negotiator, or the (i) within 15 days of the determination, eign country practices under paragraph (1), Chief Enforcement Negotiator submitted to convene an emergency meeting of the Trade the Trade Representative shall take into ac- the Senate for its advice and consent, and re- Policy Review Group to develop a plan of ac- count all relevant factors, including— ferred to a committee, shall be referred to tion to reduce the United States trade def- ‘‘(A) the major barriers and trade dis- the Committee on Finance. Each Deputy icit; and torting practices described in the National United States Trade Representative, the (ii) within 45 days of the determination, Trade Estimate Report required under sec- Chief Agricultural Negotiator, and the Chief present to Congress a report detailing the tion 181(b); Enforcement Negotiator shall hold office at Trade Policy Review Group’s trade deficit re- ‘‘(B) the trade agreements to which a for- the pleasure of the President and shall have duction plan. eign country is a party and its compliance the rank of Ambassador.’’. (3) MEASUREMENT OF FOREIGN DEBT.— with those agreements; (b) FUNCTIONS OF POSITION.—Section 141(c) (A) STATISTICAL SOURCES.—For purposes of ‘‘(C) the medium- and long-term implica- of the Trade Act of 1974 (19 U.S.C. 2171(c)) is the calculations described in paragraph tions of foreign government procurement amended by adding at the end the following (2)(A), the United States Trade Representa- plans; and new paragraph: tive shall rely on the most recent period for

VerDate jul 14 2003 03:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.057 S25PT1 S446 CONGRESSIONAL RECORD — SENATE January 25, 2005 which the following data, published by the (4) China’s undervalued currency, China’s ments and other interested parties, including Department of Commerce, is available: trade advantage from that undervaluation, representatives of other G–7 nations. (i) In the case of United States foreign and the Chinese Government’s intervention Subtitle C—Trade Adjustment Assistance debt, the United States Trade Representa- in the value of its currency violates the spir- CHAPTER 1—SERVICE WORKERS tive shall use the net international invest- it and letter of the world trading system of SEC. 331. SHORT TITLE. ment position of the United States, with di- which the People’s Republic of China is now This chapter may be cited as the ‘‘Trade rect investment positions determined at a member. Adjustment Assistance Equity for Service market value, as compiled by the Bureau of (5) The Government of the People’s Repub- Workers Act of 2005’’. Economic Analysis. lic of China has failed to promptly address (ii) In the case of the United States trade SEC. 332. EXTENSION OF TRADE ADJUSTMENT AS- concerns or to provide a definitive timetable SISTANCE TO SERVICES SECTOR. deficit, the United States Trade Representa- for resolution of these concerns raised by the (a) ADJUSTMENT ASSISTANCE FOR WORK- tive shall use the goods and services trade United States and the international commu- ERS.—Section 221(a)(1)(A) of the Trade Act of deficit data compiled by the United States nity regarding the value of its currency. 1974 (19 U.S.C. 2271(a)(1)(A)) is amended by Census Bureau. (6) Article XXI of the GATT 1994 (as de- striking ‘‘agricultural firm)’’ and inserting (iii) In the case of the United States GDP, fined in section 2(1)(B) of the Uruguay Round ‘‘agricultural firm, and workers in a service the United States Trade Representative shall Agreements Act (19 U.S.C. 3501(1)(B))) allows sector firm or subdivision of a service sector use the nominal gross domestic product data a member of the World Trade Organization firm or public agency)’’. compiled by the Bureau of Economic Anal- to take any action which it considers nec- (b) GROUP ELIGIBILITY REQUIREMENTS.— ysis. essary for the protection of its essential se- Section 222 of the Trade Act of 1974 (19 U.S.C. (B) ADJUSTMENT.—The United States Trade curity interests. Protecting the United 2272) is amended— Representative may adjust the data de- States manufacturing sector is essential to (1) in subsection (a)— scribed in subparagraph (A) to ensure that the interests of the United States. (A) in the matter preceding paragraph (1), the determination is made for comparable (b) NEGOTIATIONS AND CERTIFICATION RE- by striking ‘‘agricultural firm)’’ and insert- time period. GARDING THE CURRENCY VALUATION POLICY OF ing ‘‘agricultural firm, and workers in a SEC. 314. AUTHORIZATION OF APPROPRIATIONS. THE PEOPLE’S REPUBLIC OF CHINA.— service sector firm or subdivision of a service (a) AUTHORIZATION OF APPROPRIATIONS FOR (1) IN GENERAL.—Notwithstanding the pro- sector firm or public agency)’’; THE OFFICE OF THE GENERAL COUNSEL AND visions of title I of Public Law 106–286 (19 (B) in paragraph (1), by inserting ‘‘or pub- THE OFFICE OF MONITORING AND ENFORCE- U.S.C. 2431 note), on and after the date that lic agency’’ after ‘‘of the firm’’; and MENT.—There are authorized to be appro- is 180 days after the date of enactment of (C) in paragraph (2)— priated to the Office of the United States (i) in subparagraph (A)(ii), by striking Trade Representative for the appointment of this Act, unless a certification described in paragraph (2) has been made to Congress, in ‘‘like or directly competitive with articles additional staff in the Office of the General produced’’ and inserting ‘‘or services like or Counsel and the Office of Monitoring and En- addition to any other duty, there shall be imposed a rate of duty of 27.5 percent ad va- directly competitive with articles produced forcement— or services provided’’; and (1) $2,000,000 for fiscal year 2005; and lorem on any article that is the growth, product, or manufacture of the People’s Re- (ii) by striking subparagraph (B) and in- (2) $2,000,000 for fiscal year 2006. serting the following: (b) RESPONSIBILITIES OF ADDITIONAL public of China, imported directly or indi- rectly into the United States. ‘‘(B)(i) there has been a shift, by such STAFF.—The responsibilities of the addi- workers’ firm, subdivision, or public agency (2) CERTIFICATION.—The certification de- tional staff appointed under subsection (a) to a foreign country, of production of arti- scribed in this paragraph means a certifi- shall include— cles, or in provision of services, like or di- cation by the President to Congress that the (1) investigating, prosecuting, and defend- rectly competitive with articles which are People’s Republic of China is no longer ac- ing cases before the World Trade Organiza- produced, or services which are provided, by quiring foreign exchange reserves to prevent tion and under trade agreements to which such firm, subdivision, or public agency; or the appreciation of the rate of exchange be- the United States is a party; ‘‘(ii) such workers’ firm, subdivision, or tween its currency and the United States (2) administering United States trade laws, public agency has obtained or is likely to ob- dollar for purposes of gaining an unfair com- including title III of the Trade Act of 1974 (19 tain such services from a foreign country.’’; petitive advantage in international trade. U.S.C. 2411 et seq.) and other trade laws re- (2) in subsection (b)— lating to foreign government barriers to The certification shall also include a deter- (A) in the matter preceding paragraph (1), United States goods and services, including mination that the currency of the People’s by striking ‘‘agricultural firm)’’ and insert- barriers involving intellectual property Republic of China has undergone a substan- ing ‘‘agricultural firm, and workers in a rights, government procurement, and tele- tial upward revaluation placing it at or near service sector firm or subdivision of a service communications; and its fair market value. sector firm or public agency)’’; (3) monitoring compliance with the Uru- (3) ALTERNATIVE CERTIFICATION.—If the (B) in paragraph (2), by inserting ‘‘or serv- guay Round Agreements (as defined in sec- President certifies to Congress 180 days after ice’’ after ‘‘related to the article’’; and tion 2 of the Uruguay Round Agreements Act the date of enactment of this Act that the (C) in paragraph (3)(A), by inserting ‘‘or (19 U.S.C. 3501)) and other trade agreements, People’s Republic of China has made a good services’’ after ‘‘component parts’’; particularly by the People’s Republic of faith effort to revalue its currency upward (3) in subsection (c)— China. placing it at or near its fair market value, (A) in paragraph (3)— Subtitle B—Exchange Rate Policy and the President may delay the imposition of (i) by inserting ‘‘or services’’ after ‘‘value- Currency Manipulation the tariffs described in paragraph (1) for an added production processes’’; SEC. 321. NEGOTIATIONS REGARDING CURRENCY additional 180 days. If at the end of the 180- (ii) by striking ‘‘assembly or finishing’’ VALUATION. day period the President determines that and inserting ‘‘assembly, finishing, or test- (a) FINDINGS.—Congress makes the fol- China has developed and started actual im- ing’’; lowing findings: plementation of a plan to revalue its cur- (iii) by inserting ‘‘or services’’ after ‘‘for (1) The currency of the People’s Republic rency, the President may delay imposition of articles’’; and of China, known as the yuan or renminbi, is the tariffs for an additional 12 months, so (iv) by inserting ‘‘(or subdivision)’’ after artificially pegged at a level significantly that the People’s Republic of China shall ‘‘such other firm’’; and below its market value. Economists estimate have time to implement the plan. (B) in paragraph (4)— the yuan to be undervalued by between 15 (4) NEGOTIATIONS.—Beginning on the date (i) by striking ‘‘for articles’’ and inserting percent and 40 percent or an average of 27.5 of enactment of this Act, the Secretary of ‘‘, or services, used in the production of arti- percent. the Treasury, in consultation with the cles or in the provision of services’’; and (2) The undervaluation of the yuan pro- United States Trade Representative, shall (ii) by inserting ‘‘(or subdivision)’’ after vides the People’s Republic of China with a begin negotiations with the People’s Repub- ‘‘such other firm’’; and significant trade advantage by making ex- lic of China to ensure that the People’s Re- (4) by adding at the end the following new ports less expensive for foreign consumers public of China adopts a process that leads to subsection: and by making foreign products more expen- a substantial upward currency revaluation ‘‘(d) BASIS FOR SECRETARY’S DETERMINA- sive for Chinese consumers. The effective re- within 180 days after the date of enactment TIONS.— sult is a significant subsidization of China’s of this Act. Because various Asian govern- ‘‘(1) INCREASED IMPORTS.—For purposes of exports and a virtual tariff on foreign im- ments have also been acquiring substantial subsection (a)(2)(A)(ii), the Secretary may ports. foreign exchange reserves in an effort to pre- determine that increased imports of like or (3) The Government of the People’s Repub- vent appreciation of their currencies for pur- directly competitive articles or services lic of China has intervened in the foreign ex- poses of gaining an unfair competitive ad- exist if the workers’ firm or subdivision or change markets to hold the value of the vantage in international trade, and because customers of the workers’ firm or subdivi- yuan within an artificial trading range. Chi- the People’s Republic of China has concerns sion accounting for not less than 20 percent na’s foreign reserves are estimated to be over about the value of those currencies, the Sec- of the sales of the workers’ firm or subdivi- $609,900,000,000 as of January 12, 2004, and retary shall also seek to convene a multilat- sion certify to the Secretary that they are have increased by over $206,700,000,000 in the eral summit to discuss exchange rates with obtaining such articles or services from a last 12 months. representatives of various Asian govern- foreign country.

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‘‘(2) OBTAINING SERVICES ABROAD.—For pur- ‘‘SEC. 261. DEFINITIONS. (1) in subsection (a)(2)(A), by striking poses of subsection (a)(2)(B)(ii), the Sec- ‘‘For purposes of this chapter: ‘‘paragraph (3)(B)’’ and inserting ‘‘paragraph retary may determine that the workers’ ‘‘(1) FIRM.—The term ‘firm’ includes an in- (3)’’; firm, subdivision, or public agency has ob- dividual proprietorship, partnership, joint (2) in subsection (a)(2)(B), by striking tained or is likely to obtain like or directly venture, association, corporation (including ‘‘paragraph (3)(B)’’ and inserting ‘‘paragraph competitive services from a firm in a foreign a development corporation), business trust, (3)’’; and country based on a certification thereof from cooperative, trustee in bankruptcy, and re- (3) in subsection (b)(2), by striking ‘‘sub- the workers’ firm, subdivision, or public ceiver under decree of any court. A firm, to- section (a)(3)(B)’’ and inserting ‘‘subsection agency. gether with any predecessor or successor (a)(3)’’. ‘‘(3) AUTHORITY OF THE SECRETARY.—The firm, or any affiliated firm controlled or sub- SEC. 336. EFFECTIVE DATE. Secretary may obtain the certifications stantially beneficially owned by substan- (a) IN GENERAL.—Except as provided in under paragraphs (1) and (2) through ques- tially the same persons, may be considered a subsection (b), the amendments made by this tionnaires or in such other manner as the single firm where necessary to prevent un- chapter shall take effect on the date of en- Secretary determines is appropriate.’’. justifiable benefits. actment of this Act. (c) TRAINING.—Section 236(a)(2)(A) of the ‘‘(2) SERVICE SECTOR FIRM.—The term ‘serv- (b) SPECIAL RULE FOR CERTAIN SERVICE Trade Act of 1974 (19 U.S.C. 2296(a)(2)(A)) is ice sector firm’ means a firm engaged in the WORKERS.—A group of workers in a service amended by striking ‘‘$220,000,000’’ and in- business of providing services.’’. sector firm, or subdivision of a service sector serting ‘‘$440,000,000’’. (b) INDUSTRIES.—Section 265(a) of the firm, or public agency (as defined in section (d) DEFINITIONS.—Section 247 of the Trade Trade Act of 1974 (19 U.S.C. 2355(a)) is amend- 247 (7) and (8) of the Trade Act of 1974, as Act of 1974 (19 U.S.C. 2319) is amended— ed by inserting ‘‘or service’’ after ‘‘new prod- added by section 332(d) of this Act) who— (1) in paragraph (1)— uct’’. (1) would have been certified eligible to (A) by inserting ‘‘or public agency’’ after SEC. 334. MONITORING AND REPORTING. apply for adjustment assistance under chap- ‘‘of a firm’’; and Section 282 of the Trade Act of 1974 (19 ter 2 of title II of the Trade Act of 1974 if the (B) by inserting ‘‘or public agency’’ after U.S.C. 2393) is amended— amendments made by this Act had been in ‘‘or subdivision’’; (1) in the first sentence— effect on November 4, 2002; and (2) in paragraph (2)(B), by inserting ‘‘or (A) by striking ‘‘The Secretary’’ and in- (2) file a petition pursuant to section 221 of public agency’’ after ‘‘the firm’’; serting ‘‘(a) MONITORING PROGRAMS.—The the Trade Act of 1974 (19 U.S.C. 2271) not (3) by redesignating paragraphs (8) through Secretary’’; later than 6 months after the date of enact- (17) as paragraphs (9) through (18), respec- (B) by inserting ‘‘and services’’ after ‘‘im- ment of this Act, shall be eligible for certifi- tively; and ports of articles’’; cation under section 223 of the Trade Act of (4) by inserting after paragraph (6) the fol- (C) by inserting ‘‘and domestic provision of 1974 (19 U.S.C. 2273) if the workers’ last total lowing: services’’ after ‘‘domestic production’’; or partial separation from the firm or sub- ‘‘(7) The term ‘public agency’ means a de- (D) by inserting ‘‘or providing services’’ division of the firm or public agency oc- partment or agency of a State or local gov- after ‘‘producing articles’’; and curred on or after November 4, 2002 and be- ernment or of the Federal Government. (E) by inserting ‘‘, or provision of serv- fore the date of enactment of this Act. ‘‘(8) The term ‘service sector firm’ means ices,’’ after ‘‘changes in production’’; and CHAPTER 2—TRADE ADJUSTMENT an entity engaged in the business of pro- (2) by adding at the end the following: ASSISTANCE FOR COMMUNITIES viding services.’’. OLLECTION OF ATA AND EPORTS ON (e) TECHNICAL AMENDMENT.—Section 245(a) ‘‘(b) C D R SEC. 341. SHORT TITLE. of the Trade Act of 1974 (19 U.S.C. 2317(a)) is SERVICES SECTOR.— This chapter may be cited as the ‘‘Trade amended by striking ‘‘, other than sub- ‘‘(1) SECRETARY OF LABOR.—Not later than Adjustment Assistance for Communities Act chapter D’’. 3 months after the date of the enactment of of 2005’’. SEC. 333. TRADE ADJUSTMENT ASSISTANCE FOR the Trade Adjustment Assistance Equity for SEC. 342. PURPOSE. FIRMS AND INDUSTRIES. Service Workers Act of 2005, the Secretary of The purpose of this chapter is to assist (a) FIRMS.— Labor shall implement a system to collect communities negatively impacted by trade (1) ASSISTANCE.—Section 251 of the Trade data on adversely affected service workers with economic adjustment through the inte- Act of 1974 (19 U.S.C. 2341) is amended— that includes the number of workers by gration of political and economic organiza- (A) in subsection (a), by inserting ‘‘or serv- State, industry, and cause of dislocation of tions, the coordination of Federal, State, and ice sector firm’’ after ‘‘(including any agri- each worker. local resources, the creation of community- cultural firm’’; ‘‘(2) SECRETARY OF COMMERCE.—Not later based development strategies, and the provi- (B) in subsection (c)(1)— than 6 months after such date of enactment, sion of economic transition assistance. (i) in the matter preceding subparagraph the Secretary of Commerce shall, in con- SEC. 343. TRADE ADJUSTMENT ASSISTANCE FOR (A), by inserting ‘‘or service sector firm’’ sultation with the Secretary of Labor, con- COMMUNITIES. after ‘‘(including any agricultural firm’’; duct a study and report to the Congress on (a) REPEAL OF TERMINATED PROVISIONS.— (ii) in subparagraph (B)(ii), by inserting ways to improve the timeliness and coverage Chapter 4 of the Trade Act of 1974 (19 U.S.C. ‘‘or service’’ after ‘‘of an article’’; and of data on trade in services, including meth- 2371 et seq.) is repealed. (b) TRADE ADJUSTMENT ASSISTANCE FOR (iii) in subparagraph (C), by striking ‘‘arti- ods to identify increased imports due to the COMMUNITIES.—Title II of the Trade Act of cles like or directly competitive with arti- relocation of United States firms to foreign 1974 (19 U.S.C. 2251 et seq.) is amended by in- cles which are produced’’ and inserting ‘‘arti- countries, and increased imports due to serting after chapter 3 the following new cles or services like or directly competitive United States firms obtaining services from chapter: with articles or services which are produced firms in foreign countries.’’. or provided’’; and SEC. 335. ALTERNATIVE TRADE ADJUSTMENT AS- ‘‘CHAPTER 4—TRADE ADJUSTMENT (C) by adding at the end the following: SISTANCE. ASSISTANCE FOR COMMUNITIES ‘‘(e) BASIS FOR SECRETARY DETERMINA- (a) IN GENERAL.—Section 246(a)(3) of the ‘‘SEC. 271. DEFINITIONS. TION.— Trade Act of 1974 (19 U.S.C. 2318(a)(3)) is ‘‘In this chapter: ‘‘(1) INCREASED IMPORTS.—For purposes of amended to read as follows: ‘‘(1) AFFECTED DOMESTIC PRODUCER.—The subsection (c)(1)(C), the Secretary may de- ‘‘(3) ELIGIBILITY.—A worker in the group term ‘affected domestic producer’ means any termine that increases of imports of like or that the Secretary has certified as eligible manufacturer, producer, service provider, directly competitive articles or services for the alternative trade adjustment assist- farmer, rancher, fisherman or worker rep- exist if customers accounting for not less ance program may elect to receive benefits resentative (including associations of such than 20 percent of the sales of the workers’ under the alternative trade adjustment as- persons) that was affected by a finding under firm certify to the Secretary that they are sistance program if the worker— the Antidumping Act, 1921 (title II of the Act obtaining such articles or services from a ‘‘(A) is covered by a certification under of May 27, 1921; 42 Stat. 11, chapter 14), or by foreign country. subchapter A of this chapter; an antidumping or countervailing duty order ‘‘(2) AUTHORITY OF THE SECRETARY.—The ‘‘(B) obtains reemployment not more than issued under title VII of the Tariff Act of Secretary may obtain the certifications 26 weeks after the date of separation from 1930 (19 U.S.C. 1671 et seq.). under paragraph (1) through questionnaires the adversely affected employment; ‘‘(2) AGRICULTURAL COMMODITY PRODUCER.— or in such other manner as the Secretary de- ‘‘(C) is at least 40 years of age; The term ‘agricultural commodity producer’ termines is appropriate. The Secretary may ‘‘(D) earns not more than $50,000 a year in has the same meaning as the term ‘person’ exercise the authority under section 249 in wages from reemployment; as prescribed by regulations promulgated carrying out this subsection.’’. ‘‘(E) is employed on a full-time basis as de- under section 1001(e) of the Food Security (2) AUTHORIZATION OF APPROPRIATIONS.— fined by State law in the State in which the Act of 1985 (7 U.S.C. 1308(e)). Section 256(b) of the Trade Act of 1974 (19 worker is employed; and ‘‘(3) COMMUNITY.—The term ‘community’ U.S.C. 2346(b)) is amended by striking ‘‘(F) does not return to the employment means a city, county, or other political sub- ‘‘$16,000,000’’ and inserting ‘‘$32,000,000’’. from which the worker was separated.’’. division of a State or a consortium of polit- (3) DEFINITIONS.—Section 261 of the Trade (b) CONFORMING AMENDMENTS.—Section 246 ical subdivisions of a State that the Sec- Act of 1974 (19 U.S.C. 2351) is amended to read of the Trade Act of 1974 (19 U.S.C. 2318) is retary certifies as being negatively impacted as follows: amended— by trade.

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‘‘(4) COMMUNITY NEGATIVELY IMPACTED BY ‘‘(4) establish specific criteria for submis- ‘‘(2) NOTIFICATION.—The Secretary of TRADE.—A community negatively impacted sion and evaluation of a strategic plan sub- Labor, immediately upon making a deter- by trade means a community with respect to mitted under section 274(d); mination that a group of workers is eligible which a determination has been made under ‘‘(5) establish specific criteria for submit- for trade adjustment assistance under sec- section 273. ting and evaluating applications for grants tion 223, (or the Secretary of Agriculture, ‘‘(5) ELIGIBLE COMMUNITY.—The term ‘eligi- under section 275; immediately upon making a determination ble community’ means a community cer- ‘‘(6) administer the grant programs estab- that a group of agricultural commodity pro- tified under section 273 for assistance under lished under sections 274 and 275; and ducers is eligible for adjustment assistance this chapter. ‘‘(7) establish an interagency Trade Adjust- under section 293, as the case may be) shall ‘‘(6) FISHERMAN.— ment Assistance for Communities Working notify the Secretary of the determination. ‘‘(A) IN GENERAL.—The term ‘fisherman’ Group, consisting of the representatives of ‘‘(d) NOTIFICATION TO ELIGIBLE COMMU- means any person who— any Federal department or agency with re- NITIES.—Immediately upon certification by ‘‘(i) is engaged in commercial fishing; or sponsibility for economic adjustment assist- the Secretary that a community is eligible ‘‘(ii) is a United States fish processor. ance, including the Department of Agri- for assistance under subsection (b), the Sec- ‘‘(B) COMMERCIAL FISHING, FISH, FISHERY, culture, the Department of Education, the retary shall notify the community— FISHING, FISHING VESSEL, PERSON, AND UNITED Department of Labor, the Department of ‘‘(1) of the determination under subsection STATES FISH PROCESSOR.—The terms ‘com- Housing and Urban Development, the De- (b); mercial fishing’, ‘fish’, ‘fishery’, ‘fishing’, partment of Health and Human Services, the ‘‘(2) of the provisions of this chapter; ‘fishing vessel’, ‘person’, and ‘United States Small Business Administration, the Depart- ‘‘(3) how to access the clearinghouse estab- fish processor’ have the same meanings as ment of the Treasury, the Department of lished by the Department of Commerce re- given such terms in section 3 of the Magnu- Commerce, and any other Federal, State, or garding available economic assistance; son-Stevens Fishery Conservation and Man- regional department or agency the Secretary ‘‘(4) how to obtain technical assistance agement Act (16 U.S.C. 1802). determines necessary or appropriate. provided under section 272(c)(3); and ‘‘(7) JOB LOSS.—The term ‘job loss’ means ‘‘SEC. 273. CERTIFICATION AND NOTIFICATION. ‘‘(5) how to obtain grants, tax credits, low the total separation or partial separation of ‘‘(a) CERTIFICATION.—Not later than 45 days income loans, and other appropriate eco- an individual, as those terms are defined in after an event described in subsection (c)(1), nomic assistance. section 247. the Secretary shall determine if a commu- ‘‘SEC. 274. STRATEGIC PLANS. ‘‘(8) SECRETARY.—Except as otherwise pro- nity described in subsection (b)(1) is nega- ‘‘(a) IN GENERAL.—An eligible community vided, the term ‘Secretary’ means the Sec- tively impacted by trade, and if a positive may develop a strategic plan for community retary of Commerce. determination is made, shall certify the economic adjustment and diversification. ‘‘SEC. 272. COMMUNITY TRADE ADJUSTMENT AS- community for assistance under this chap- ‘‘(b) REQUIREMENTS FOR STRATEGIC PLAN.— SISTANCE PROGRAM. ter. A strategic plan shall contain, at a min- ‘‘(a) ESTABLISHMENT.—Not later than 6 ‘‘(b) DETERMINATION THAT COMMUNITY IS imum, the following: months after the date of enactment of the ELIGIBLE.— ‘‘(1) A description and justification of the Trade Adjustment Assistance for Commu- ‘‘(1) COMMUNITY DESCRIBED.—A community capacity for economic adjustment, including nities Act of 2005, the Secretary shall estab- described in this paragraph means a commu- the method of financing to be used. lish a Trade Adjustment Assistance for Com- nity with respect to which on or after Octo- ‘‘(2) A description of the commitment of munities Program at the Department of ber 1, 2005— the community to the strategic plan over Commerce. ‘‘(A) the Secretary of Labor certifies a the long term and the participation and ‘‘(b) PERSONNEL.—The Secretary shall des- group of workers (or their authorized rep- input of groups affected by economic disloca- ignate such staff as may be necessary to resentative) in the community as eligible for tion. carry out the responsibilities described in assistance pursuant to section 223; ‘‘(3) A description of the projects to be un- this chapter. ‘‘(B) the Secretary of Commerce certifies a dertaken by the eligible community. ‘‘(c) COORDINATION OF FEDERAL RE- firm located in the community as eligible for ‘‘(4) A description of how the plan and the SPONSE.—The Secretary shall— adjustment assistance under section 251; projects to be undertaken by the eligible ‘‘(1) provide leadership, support, and co- ‘‘(C) the Secretary of Agriculture certifies community will lead to job creation and job ordination for a comprehensive management a group of agricultural commodity producers retention in the community. program to address economic dislocation in (or their authorized representative) in the ‘‘(5) A description of how the plan will eligible communities; community as eligible for adjustment assist- achieve economic adjustment and diver- ‘‘(2) coordinate the Federal response to an ance under section 293; sification. eligible community— ‘‘(D) an affected domestic producer is lo- ‘‘(6) A description of how the plan and the ‘‘(A) by identifying all Federal, State, and cated in the community; or projects will contribute to establishing or local resources that are available to assist ‘‘(E) the Secretary determines that a sig- maintaining a level of public services nec- the eligible community in recovering from nificant number of fishermen in the commu- essary to attract and retain economic invest- economic distress; nity is negatively impacted by trade. ment. ‘‘(B) by ensuring that all Federal agencies ‘‘(2) NEGATIVELY IMPACTED BY TRADE.—The ‘‘(7) A description and justification for the offering assistance to an eligible community Secretary shall determine that a community cost and timing of proposed basic and ad- do so in a targeted, integrated manner that is negatively impacted by trade, after taking vanced infrastructure improvements in the ensures that an eligible community has ac- into consideration— eligible community. cess to all available Federal assistance; ‘‘(A) the number of jobs affected compared ‘‘(8) A description of how the plan will ad- ‘‘(C) by assuring timely consultation and to the size of the workforce in the commu- dress the occupational and workforce condi- cooperation between Federal, State, and re- nity; tions in the eligible community. gional officials concerning economic adjust- ‘‘(B) the severity of the rates of unemploy- ‘‘(9) A description of the educational pro- ment for an eligible community; and ment in the community and the duration of grams available for workforce training and ‘‘(D) by identifying and strengthening ex- the unemployment in the community; future employment needs. isting agency mechanisms designed to assist ‘‘(C) the income levels and the extent of ‘‘(10) A description of how the plan will eligible communities in their efforts to underemployment in the community; adapt to changing markets and business cy- achieve economic adjustment and workforce ‘‘(D) the outmigration of population from cles. reemployment; the community and the extent to which the ‘‘(11) A description and justification for the ‘‘(3) provide comprehensive technical as- outmigration is causing economic injury in cost and timing of the total funds required sistance to any eligible community in the ef- the community; and by the community for economic assistance. forts of that community to— ‘‘(E) the unique problems and needs of the ‘‘(12) A graduation strategy through which ‘‘(A) identify serious economic problems in community. the eligible community demonstrates that the community that are the result of nega- ‘‘(c) EVENTS DESCRIBED.— the community will terminate the need for tive impacts from trade; ‘‘(1) IN GENERAL.—An event described in Federal assistance. ‘‘(B) integrate the major groups and orga- this paragraph means one of the following: ‘‘(c) GRANTS TO DEVELOP STRATEGIC nizations significantly affected by the eco- ‘‘(A) A notification described in paragraph PLANS.—The Secretary, upon receipt of an nomic adjustment; (2). application from an eligible community, ‘‘(C) access Federal, State, and local re- ‘‘(B) A certification of a firm under section may award a grant to that community to be sources designed to assist in economic devel- 251. used to develop the strategic plan. opment and trade adjustment assistance; ‘‘(C) A finding under the Antidumping Act, ‘‘(d) SUBMISSION OF PLAN.—A strategic plan ‘‘(D) diversify and strengthen the commu- 1921, or an antidumping or countervailing developed under subsection (a) shall be sub- nity economy; and duty order issued under title VII of the Tar- mitted to the Secretary for evaluation and ‘‘(E) develop a community-based strategic iff Act of 1930. approval. plan to address economic development and ‘‘(D) A determination by the Secretary ‘‘SEC. 275. GRANTS FOR ECONOMIC DEVELOP- workforce dislocation, including unemploy- that a significant number of fishermen in a MENT. ment among agricultural commodity pro- community have been negatively impacted ‘‘(a) IN GENERAL.—The Secretary, upon ap- ducers, and fishermen; by trade. proval of a strategic plan from an eligible

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(2) by inserting after paragraph (8) the fol- cluded in the strategic plan approved under The amendments made by this chapter lowing new paragraph: section 274(d), or consistent with that plan. shall take effect on the date of enactment of ‘‘(9) CERTIFIED INCOME.— ‘‘(b) ADDITIONAL GRANTS.— this Act. ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(1) IN GENERAL.—Subject to paragraph (2), CHAPTER 3—OFFICE OF TRADE enter into agreements with States to deter- in order to assist eligible communities to ob- ADJUSTMENT ASSISTANCE mine an individual’s certified income for tain funds under Federal grant programs, SEC. 351. SHORT TITLE. purposes of subsection (a)(2)(B) for any tax- other than the grants provided for in section This chapter may be cited as the ‘‘Trade able year. 274(c) or subsection (a), the Secretary may, Adjustment Assistance for Firms Reorga- ‘‘(B) REQUIREMENTS.—An agreement under on the application of an eligible community, nization Act’’. subparagraph (A) with a State shall— make a supplemental grant to the commu- SEC. 352. OFFICE OF TRADE ADJUSTMENT AS- ‘‘(i) permit an individual to complete an nity if— SISTANCE. application for certification of income for a ‘‘(A) the purpose of the grant program (a) IN GENERAL.—Chapter 3 of title II of the taxable year (in such form and manner as from which the grant is made is to provide Trade Act of 1974 (19 U.S.C. 2341 et seq.) is the Secretary shall determine) and to submit technical or other assistance for planning, amended by inserting after section 255 the the application to the State, constructing, or equipping public works fa- following new section: ‘‘(ii) require the State to determine the in- cilities or to provide assistance for public ‘‘SEC. 255A. OFFICE OF TRADE ADJUSTMENT AS- dividual’s income for the taxable year on the service projects; and SISTANCE. basis of the individual’s monthly family in- ‘‘(B) the grant is one for which the commu- ‘‘(a) ESTABLISHMENT.—Not later than 90 come as of the month preceding the month nity is eligible except for the community’s days after the date of enactment of the in which the application is submitted, and inability to meet the non-Federal share re- Trade Adjustment Assistance for Firms Re- ‘‘(iii) require the State to issue a certifi- quirements of the grant program. organization Act, there shall be established cation of income to the individual upon re- ‘‘(2) USE AS NON-FEDERAL SHARE.—A supple- in the International Trade Administration of ceipt of an application under clause (i), mental grant made under this subsection the Department of Commerce an Office of which shall apply for purposes of deter- may be used to provide the non-Federal Trade Adjustment Assistance. mining the taxpayer’s certified income for share of a project, unless the total Federal ‘‘(b) PERSONNEL.—The Office shall be head- purposes of subsection (a)(2)(B) for the tax- contribution to the project for which the ed by a Director, and shall have such staff as able year unless the State determines upon grant is being made exceeds 80 percent and may be necessary to carry out the respon- completion of the processing of the applica- that excess is not permitted by law. sibilities of the Secretary of Commerce de- tion that the certification is erroneous. ‘‘(c) RURAL COMMUNITY PREFERENCE.—The scribed in this chapter. ‘‘(C) NOTIFICATION OF CHANGE IN INCOME.— ‘‘(c) FUNCTIONS.—The Office shall assist the Secretary shall develop guidelines to ensure An individual issued a certification of in- Secretary of Commerce in carrying out the that rural communities receive preference in come shall notify the State of any substan- Secretary’s responsibilities under this chap- the allocation of resources. tial change in income that applies for at ter.’’. ‘‘SEC. 276. GENERAL PROVISIONS. (b) CONFORMING AMENDMENT.—The table of least 60 days and the taxpayer’s certified in- ‘‘(a) REGULATIONS.—The Secretary shall contents for the Trade Act of 1974 is amended come for the taxable year shall be adjusted prescribe such regulations as are necessary by inserting after the item relating to sec- accordingly. An individual who fails to so to carry out the provisions of this chapter. tion 255, the following new item: notify the State shall remit the difference (if Before implementing any regulation or ‘‘Sec. 255A. Office of Trade Adjustment As- any) between the amount described in sub- guideline proposed by the Secretary with re- sistance.’’. section (a)(2) for the taxable year and such amount which would have been described spect to this chapter, the Secretary shall SEC. 353. EFFECTIVE DATE. under such subsection for such taxable year submit the regulation or guideline to the The amendments made by this chapter if the notification had been made as an addi- Committee on Finance of the Senate and the shall take effect on the date of enactment of Committee on Ways and Means of the House this Act. tion to tax, plus interest at the under- of Representatives for approval. payment rate established under section CHAPTER 4—IMPROVEMENT OF CREDIT 6621.’’. ‘‘(b) SUPPLEMENT NOT SUPPLANT.—Funds FOR HEALTH INSURANCE COSTS OF ELI- appropriated under this chapter shall be used GIBLE INDIVIDUALS (c) EFFECTIVE DATE.—The amendments to supplement and not supplant other Fed- SEC. 361. IMPROVEMENT OF THE AFFORDABILITY made by this section apply to taxable years eral, State, and local public funds expended OF THE CREDIT. beginning after December 31, 2004. to provide economic development assistance (a) IMPROVEMENT OF AFFORDABILITY.— for communities. SEC. 362. OFFERING OF FEDERAL FALLBACK (1) IN GENERAL.—Section 35(a) of the Inter- COVERAGE. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— nal Revenue Code of 1986 (relating to credit There are authorized to be appropriated to for health insurance costs of eligible individ- (a) PROVISION OF FALLBACK COVERAGE.— the Secretary $100,000,000 for each of fiscal uals) is amended to read as follows: (1) IN GENERAL.—The Director of the Office years 2005 through 2008, to carry out this ‘‘(a) AMOUNT OF CREDIT.— of Personnel Management jointly with the chapter. Amounts appropriated pursuant to ‘‘(1) IN GENERAL.—In the case of an indi- Secretary of the Treasury shall establish a this subsection shall remain available until vidual, there shall be allowed as a credit program under which eligible individuals (as expended.’’. against the tax imposed by subtitle A an defined in section 35(c) of the Internal Rev- SEC. 344. CONFORMING AMENDMENTS. amount equal to the excess of— enue Code of 1986) are offered enrollment (a) TERMINATION.—Section 285(b) of the ‘‘(A) the amount paid by the taxpayer for under health benefit plans that are made Trade Act of 1974 (19 U.S.C. 2271 note) is coverage of the taxpayer and qualifying fam- available under FEHBP. amended by adding at the end the following ily members under qualified health insur- (2) TERMS AND CONDITIONS.—The terms and new paragraph: ance for eligible coverage months beginning conditions of health benefits plans offered ‘‘(3) ASSISTANCE FOR COMMUNITIES.—Tech- in the taxable year, over under paragraph (1) shall be the same as the nical assistance and other payments may not ‘‘(B) the amount described in paragraph (2). terms and coverage offered under FEHBP, be provided under chapter 4 after September ‘‘(2) AMOUNT DESCRIBED.—For purposes of except that the percentage of the premium 30, 2008.’’. paragraph (1), the amount described in this charged to eligible individuals (as so defined) (b) TABLE OF CONTENTS.—The table of con- paragraph is the lesser of— for such health benefit plans shall be equal tents for title II of the Trade Act of 1974 is ‘‘(A) the amount equal to 20 percent of the to the percentage that an employee would be amended by striking the items relating to amount determined under paragraph (1)(A) required to contribute for coverage under chapter 4 of title II and inserting after the for the taxable year, or FEHBP. items relating to chapter 3 the following new ‘‘(B) the amount equal to 5 percent of the (3) STUDY.—The Director of the Office of items: taxpayer’s certified income (as determined Personnel Management jointly with the Sec- retary of the Treasury shall conduct a study ‘‘CHAPTER 4—TRADE ADJUSTMENT under subsection (g)(9)) for such taxable of the impact of the offering of health ben- ASSISTANCE FOR COMMUNITIES year.’’. (2) CONFORMING AMENDMENT.—Section efit plans under this subsection on the terms ‘‘Sec. 271. Definitions. 7527(b) of such Code (relating to advance pay- and conditions, including premiums, for ‘‘Sec. 272. Community Trade Adjustment ment of credit for health insurance costs of health benefit plans offered under FEHBP Assistance Program. eligible individuals) is amended by striking and shall submit to Congress, not later than ‘‘Sec. 273. Certification and notification. ‘‘65 percent of the amount’’ and all that fol- 2 years after the date of the enactment of ‘‘Sec. 274. Strategic plans. lows through the period at the end and in- this Act, a report on such study. Such report ‘‘Sec. 275. Grants for economic develop- serting ‘‘the amount determined under sec- may contain such recommendations regard- ment. tion 35(a)(1) for such taxable year.’’. ing the establishment of separate risk pools ‘‘Sec. 276. General provisions.’’. (b) DETERMINATION OF CERTIFIED INCOME.— for individuals covered under FEHBP and eli- (c) JUDICIAL REVIEW.—Section 284(a) of the Section 35(g) of such Code (relating to spe- gible individuals covered under health ben- Trade Act of 1974 (19 U.S.C. 2395(a)) is amend- cial rules), is amended— efit plans offered under paragraph (1) as may

VerDate jul 14 2003 03:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.058 S25PT1 S450 CONGRESSIONAL RECORD — SENATE January 25, 2005 be appropriate to protect the interests of in- invigorates local communities and their We have a simple story to tell. Con- dividuals covered under FEHBP and allevi- economies. sumers are too often getting the short ate any adverse impact on FEHBP that may (7) Trade agreements between the United end of the stick in class action cases, result from the offering of such health ben- States and countries with small economies recovering coupons or pocket change, efit plans. have little impact on creating jobs in the (4) FEHBP DEFINED.—In this section, the United States or a higher standard of living while their lawyers reap millions. term ‘‘FEHBP’’ means the Federal Employ- for people in the United States. Many of these complex class action ees Health Benefits Program offered under (b) SENSE OF THE SENATE.—It is the sense cases proceed exactly as we would chapter 89 of title 5, United States Code. of the Senate that— hope. Injured parties, represented by (b) CONFORMING AMENDMENTS.— (1) the trade policy of the United States strong advocates, get their day in (1) Paragraph (1) of section 35(e) of the In- should focus on creating more jobs in the court or reach a positive settlement ternal Revenue Code of 1986 is amended by United States and a higher standard of living that is good for the parties and handled adding at the end the following new subpara- for people in the United States; and well by their attorney. graph: (2) to best accomplish these goals, the Unfortunately, this is not how it al- ‘‘(K) Coverage under a health benefits plan United States should focus its efforts on offered under section 362(a)(1) of the Fair trade negotiations occurring at the WTO ways works. Rather, more and more Wage, Competition, and Investment Act of and, when negotiating trade agreements on a frequently, some are taking advantage 2005.’’. bilateral basis, focus on agreements with of the system and, as a result, con- (2) Section 173(f)(2)(A) of the Workforce In- countries that have large economies that sumers are getting the short end of the vestment Act of 1998 (29 U.S.C. 2918(f)(2)(A)) will provide meaningful export opportunities stick, recovering coupons or pocket is amended by adding at the end the fol- for United States farmers, workers, and busi- change, while the real reward is going lowing new clause: nesses. to others. The Washington Post put it ‘‘(xi) Coverage under a health benefits plan f offered under section 362(a)(1) of the Fair clearly, ‘‘no portion of the American Wage, Competition, and Investment Act of STATEMENTS ON INTRODUCED civil justice system is more of a mess 2005.’’. BILLS AND JOINT RESOLUTIONS than the world of class actions.’’ SEC. 363. CLARIFICATION OF ELIGIBILITY OF Our remedy is straightforward. Con- SPOUSE OF CERTAIN INDIVIDUALS By Mr. GRASSLEY (for himself, sumers deserve notices that are writ- ENTITLED TO MEDICARE. Mr. KOHL, Mr. HATCH, Mr. CAR- ten in plain English so they can under- (a) IN GENERAL.—Subsection (b) of section PER, Mr. FRIST, Mr. CHAFEE, stand their rights and responsibilities 35 of the Internal Revenue Code of 1986 (de- Mr. DODD, Mrs. FEINSTEIN, Mr. in the lawsuit. Too many of the class fining eligible coverage month) is amended HAGEL, Mr. KYL, Ms. LANDRIEU, action notices are designed to be im- by adding at the end the following: Mrs. LINCOLN, Mr. LUGAR, Mr. ‘‘(3) SPECIAL RULE FOR SPOUSE OF INDI- possible to comprehend. Further, if the MCCONNELL, Mr. SCHUMER, Mr. VIDUAL ENTITLED TO MEDICARE.—Any month cases are settled, the notice to the which would be an eligible coverage month THUNE, Mr. VITTER, Mr. class members must clearly describe with respect to a taxpayer (determined with- VOINOVICH, Mr. LOTT, Mr. ALEX- the terms of the settlement, the bene- out regard to subsection (f)(2)(A)) shall be an ANDER, Ms. SNOWE, Mr. SES- fits to each plaintiff and a summary of eligible coverage month for any spouse of SIONS, Mr. DEMINT, Mr. the attorneys’ fees in the case and how such taxpayer.’’. LIEBERMAN, Mr. MARTINEZ, and they were calculated. We are grateful (b) CONFORMING AMENDMENT.—Section Mr. ENSIGN): 173(f)(5)(A)(i) of the Workforce Investment that the Federal Judicial Conference S. 5. A bill to amend the procedures has adopted our idea and has already Act of 1998 (29 U.S.C. 2918(f)(5)(A)(i)) is that apply to consideration of inter- amended by inserting ‘‘(including with re- begun to improve the notices provided spect to any month for which the eligible in- state class actions to assure fairer out- to class action plaintiffs. dividual would have been treated as such but comes for class members and defend- Second, State attorneys general for the application of paragraph (7)(B)(i))’’ ants, and for other purposes; to the should be notified of proposed class ac- before the comma. Committee on the Judiciary. tion settlements to stop abusive cases Subtitle D—Sense of the Senate on Free Mr. KOHL. Mr. President, I rise if they want. This encourages a neutral Trade Agreements today to join Senators GRASSLEY, third party to weigh in on whether a SEC. 371. SENSE OF THE SENATE ON FREE TRADE HATCH, CARPER, and many others in in- settlement is fair and to alert the AGREEMENTS. troducing the Class Action Fairness court if they do not believe that it is. (a) FINDINGS.—The Senate makes the fol- Act of 2005. This legislation addresses The Attorney General review is an lowing findings: the continuing problems in class action extra layer of security for the plaintiffs (1) The United States is participating in litigation, particularly unfair and abu- the Doha Round of World Trade Organization and is designed to ensure that abusive (‘‘WTO’’) negotiations, which seeks to lower sive settlements that shortchange con- settlements are not approved without a trade barriers for all members of the WTO. sumers across America. critical review by one or more experts. (2) In addition to participating in the Doha The time for this bill has come. We Third, a class action consumer bill of Round of WTO negotiations, the United have worked together on a bipartisan rights will help limit coupon or other States is negotiating bilateral free trade basis on this legislation in past Con- unfair settlements. agreements with 20 countries. gresses. In fact, versions of this bill Finally, we allow many class action (3) Only 1 of those 20 countries is among have passed the House of Representa- lawsuits to be removed to Federal the top 30 trading partners of the United tives on two occasions in the past. In States. court. This is only common sense. (4) During the debate on the legislation the Senate, we passed this bill through These are national cases affecting con- that was enacted as the Trade Act of 2002 the Judiciary Committee in each of the sumers in 50 States. If the court rules (Public Law 107–210; 116 Stat. 933), a rep- last two Congresses and came within were being drafted today, these are ex- resentative of the President argued that one vote of gaining cloture on the bill. actly the types of cases which we ‘‘[i]ncreased trade will help our workers, We worked successfully to substan- would want and expect to be tried in farmers, businesses, and economy by enhanc- tially improve this bill during the last Federal court. ing employment opportunities, opening more Congress. As a result of the interest of Stories of nightmare class action set- markets to American goods and services, and Senators FEINSTEIN, DODD, SCHUMER tlements that affect consumers around increasing choices and lowering costs for consumers’’. and LANDRIEU, we have changed the bill the country are all too frequent. For (5) During that debate and on other occa- in important ways. Now, only cases example, a suit against Blockbuster sions, the President and individuals in the that are truly national in scope will be video yielded dollar off coupons for fu- Executive Branch of the United States have tried primarily in the Federal courts. ture video rentals for the plaintiffs repeatedly argued that increased trade Cases that primarily involve people while their attorneys collected $9.25 means an increase in the number of jobs in from only one State and that interpret million. In California State court, a the United States and a higher standard of State law will remain in State court. class of 40 million consumers received living for people in the United States. These changes will ensure that class $13 rebates on their next purchase of a (6) The President and individuals in the Executive Branch of the United States have action cases are handled efficiently and computer or monitor—in other words also argued that trade expands markets for in the appropriate venues and that no they had to purchase hundreds of dol- United States goods and services, creates case that has merit will be turned lars more of the defendants’ product to higher-paying jobs in the United States, and away. redeem the coupons. In essence, the

VerDate jul 14 2003 03:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.058 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S451 plaintiffs received nothing, while their The system is not working as in- plification, and for other purposes; to attorneys took almost $6 million in tended and needs to be fixed. The way the Committee on Homeland Security legal fees. We could list many, many to fix it is to move more of these cases and Governmental Affairs. more examples, but let me discuss just currently being brought in small State Ms. COLLINS. Mr. President I rise one more case that is almost too courts like Madison County, IL, to with my good friend Senator CARPER to strange to believe. Federal court. offer the Homeland Security Grant En- I am speaking about the Bank of Bos- The Federal courts are better venues hancement Act in order to streamline ton class action suit and the out- for class actions for a variety of rea- and strengthen the way we help our rageous case of Martha Preston from sons articulated clearly in a RAND States, communities, and first respond- Baraboo, WI. She was an unnamed study. RAND proposed three primary ers protect our homeland. class member of a class action lawsuit explanations why these cases should be Three years ago, the Senate spent against her mortgage company that in Federal court. ‘‘First, federal judges nearly three months on the Homeland ended in a settlement. The plaintiffs’ scrutinize class action allegations Security Act, yet the law contains vir- lawyers were supposed to represent more strictly than state judges, and tually no guidance on how the Depart- her. Instead, the settlement that they deny certification in situations where a ment is to assist State and local gov- negotiated for her was a bad joke. She state judge might grant it improperly. ernments with their homeland security received $4 and change in the lawsuit, Second, state judges may not have ade- needs. In fact, the 187–page Homeland while her attorneys pocketed $8 mil- quate resources to oversee and manage Security Act mentions the issue of lion. class actions with a national scope. Fi- grants to first responders in but a sin- Yet, the huge sums her attorneys re- nally, if a single judge is to be charged gle paragraph. The decisions on how ceived were not the worst of the story. with deciding what law will apply in a Federal dollars should be spent or how Soon after receiving her $4, Ms. Pres- multistate class action, it is more ap- much money should be allocated to ton discovered that her lawyers took propriate that this take place in fed- whom were left for another day. That $80, 20 times her recovery, from her es- eral court than in state court.’’ day has come. crow account to help pay their fees. We all know that class actions can During the 108th Congress, Senator Naturally shocked, she and the other result in significant and important CARPER and I introduced similar legis- plaintiffs sued the lawyers who quickly benefits for class members and society, lation to more than double the propor- turned around and sued her in Ala- and that most class lawyers and most tion of homeland Security funding dis- bama, a State she had never visited, for tributed based on risk, while also help- State courts are acting responsibly. $25 million. Not only was she $75 poorer ing all States achieve a baseline level Class actions have been used to deseg- for her class action experience, but she of preparedness and an ability to re- regate racially divided schools, to ob- also had to defend herself against a $25 spond. The Senate Committee on tain redress for victims of employment million suit by the very people who Homeland Security and Governmental discrimination, and to compensate in- took advantage of her in the first Affairs held three hearings at which dividuals exposed to toxic chemicals or place. first responders, State and local offi- defective products. Class actions in- No one can argue with a straight face cials, and Secretary Ridge all testified crease access to our civil justice sys- that the class action process is not in that the grant distribution system tem because they enable people to pur- serious need of reform. needs fixing. The 9/11 Commission also Comprehensive studies support the sue claims that collectively would oth- urged that the system be changed. It is anecdotes we have discussed. For ex- erwise be too expensive to litigate. therefore time for Congress to finally The difficulty in any effort to im- ample, a study on the class action address this critical issue. problem by the Manhattan Institute prove a basically good system is weed- The bill that we introduce today is demonstrates that class action cases ing out the abuses without causing identical to legislation that passed the are being brought disproportionately in undue damage. The legislation we pro- Senate by voice-vote as an amendment a few counties where plaintiffs expect pose attempts to do this. to the Intelligence reform bill at the to be able to take advantage of lax cer- Let me emphasize the limited scope end of the last Congress. tification rules. of this legislation. We do not close the That measure was supported by Sen- The study focused on three county courthouse door to any class action. ators from big States—like Michigan courts—Madison County, IL; Jefferson We do not require that State attorneys and Ohio—and small States like Maine, County, TX; and Palm Beach County, general do anything with the notice Delaware and Connecticut. The wide FL—that have seen a steep rise in class they receive. We do not deny reason- breadth of support in the Senate is in- action filings over the last several able fees for class lawyers. And we do dicative of the fact that this bill takes years that seems disproportional to not mandate that every class action be a balanced approach to homeland secu- their populations. They found that brought in Federal court. Instead, we rity funding. rural Madison County, IL, ranked third simply promote closer and fairer scru- It recognizes that threat-based fund- nationwide, after Los Angeles County, tiny of class actions and class settle- ing is a critical part of homeland secu- CA, and Cook County, IL, in the esti- ments. rity funding. It also recognizes that mated number of class actions filed Right now, people across the country first responders in every State and ter- each year, whereas rural Jefferson can be dragged into lawsuits unaware ritory stand at the front lines of secur- County and Palm Beach County ranked of their rights and unarmed on the ing the homeland. eighth and ninth, respectively. As legal battlefield. What our bill does is This legislation will also coordinate plaintiff attorneys found that Madison give back to regular people their rights government-wide homeland security County was a welcoming host, the and representation. This measure may funding by promoting one-stop-shop- number of class action suits filed there not stop all abuses, but it moves us for- ping for homeland security funding op- rose 1,850 percent between 1998 and 2000. ward. It will help ensure that portunities. It would establish an infor- Another trend evident in the re- unsuspecting people like Martha Pres- mation clearinghouse to assist first re- search was the use of ‘‘cut-and-paste’’ ton don’t get ripped off. sponders and State and local govern- complaints in which plaintiffs’’ attor- We believe this is a moderate ap- ments in accessing homeland security neys file a number of suits against dif- proach to correct the worst abuses, grant information and other resources ferent defendants in the same industry while preserving the benefits of class within the new department. This clear- challenging standard industry prac- actions. It is both pro-consumer and inghouse will improve access to home- tices. For example, in one situation, pro-defendant. We believe it will make land security grant information, co- six law firms filed nine nearly identical a difference. ordinate technical assistance for vul- class actions in Madison County in the By Ms. COLLINS (for herself, Mr. nerability and threat assessments, pro- same week alleging that the auto- CARPER, Mr. VOINOVICH, Mr. vide information regarding homeland mobile insurance industry is defraud- FEINGOLD, Mr. AKAKA, and Mr. security best practices, and compile in- ing Americans in the way that they LIEBERMAN): formation regarding homeland security calculate claims rates for totaled vehi- S. 21. A bill to provide for homeland equipment purchased with Federal cles. security grant coordination and sim- funds.

VerDate jul 14 2003 03:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.066 S25PT1 S452 CONGRESSIONAL RECORD — SENATE January 25, 2005 Establishment of these programs will nisms and the geology of the world’s (1) conduct interdisciplinary exploration mean first responders can spend more oceans; and maximize ocean research voyages or other scientific activities in con- time training to save lives and less- by integrating multiple scientific dis- junction with other Federal agencies or aca- demic or educational institutions, to survey time filling out paper work. The in- ciplines in the ocean science commu- little known areas of the marine environ- flexible structure of past homeland se- nity. ment, inventory, observe, and assess living curity funding, along with shifting fed- The program will focus on remote and nonliving marine resources, and report eral requirements and increasing ocean research and exploration. Spe- such findings; amounts of paperwork, poses a number cifically, research will be conducted on (2) give priority attention to deep ocean re- of challenges to State and local gov- hydrothermal vents communities and gions, with a focus on surveying deep water ernments as they attempt to provide seamounts. Increased research in these marine systems that hold potential for im- these funds to first responders. areas, where organisms exist in highly portant scientific and medical discoveries, such as hydrothermal vent communities and The legislation would provide greater toxic environments, should yield sig- seamounts; flexibility in the use of those unspent nificant scientific and medical break- (3) conduct scientific voyages to locate, de- funds. It would give the Department of throughs. fine, and document historic shipwrecks, sub- Homeland Security flexibility to allow Decades ago I help Oscar Dyson, a merged sites, and other ocean exploration States, via a wavier from the Sec- great Alaska fisherman, secure a small activities that combine archaeology and retary, to use funds from one category, grant to explore the North Pacific. oceanographic sciences; such as training, for another purpose, With that grant he discovered a great (4) develop, in consultation with the Na- number of marine species that are now tional Science Foundation, a transparent such as purchasing equipment. process for reviewing and approving pro- The Senate Committee on Homeland considered vital to the North Pacific. posals for activities to be conducted under Security and Governmental Affairs will It is my hope that the National Ocean this program; act promptly to mark-up and report Exploration Program Act will be the (5) enhance the technical capability of the this important measure to establish a catalyst for that type of ocean explo- United States marine science community by streamlined, efficient, and fair method ration and discovery. promoting the development of improved for homeland security funds to get into There being no objection, the text of oceanographic research, communication, the hands of first responders. the bill was ordered to be printed in navigation, and data collection systems, as well as underwater platforms and sensors; the RECORD, as follows: By Mr. STEVENS (for himself, (6) conduct public education and outreach S. 39 activities that improve the public under- Mr. INOUYE, Ms. SNOWE, and Mr. Be it enacted by the Senate and House of Rep- standing of ocean science, resources, and DODD): resentatives of the United States of America in processes, in conjunction with relevant edu- S. 39. A bill to establish a coordi- Congress assembled, cational programs of the National Oceanic nated national ocean exploration pro- SECTION 1. SHORT TITLE. and Atmospheric Administration, the Na- gram within the National Oceanic and This Act may be cited as the ‘‘National tional Science Foundation, and other agen- Atmospheric Administration; to the Ocean Exploration Program Act’’. cies; Committee on Commerce, Science, and SEC. 2. ESTABLISHMENT. (7) accept donations of property, data, and Transportation. The Secretary of Commerce, through the equipment to be applied for the purpose of Mr. STEVENS. Mr. President, I in- Administrator of the National Oceanic and exploring the oceans or increasing knowl- edge of the oceans; and troduce today S. 39, the ‘‘National Atmospheric Administration, shall, in con- sultation with the National Science Founda- (8) establish an ocean exploration forum to Ocean Exploration Program Act’’ to tion and other appropriate Federal agencies, encourage partnerships and promote commu- expand exploration and knowledge of establish a coordinated national ocean explo- nication among experts and other stake- our Nation’s oceans. When I introduced ration program within the National Oceanic holders in order to enhance the scientific and this bill in the 108th Congress, Senator and Atmospheric Administration. technical expertise and relevance of the na- Hollings and Senator INOUYE were SEC. 3. PURPOSES. tional program. original co-sponsors. Senator Hollings The purposes of the program are the fol- SEC. 5. EXPLORATION TECHNOLOGY AND INFRA- lowing: STRUCTURE TASK FORCE. has left this body, but he worked close- The National Oceanic and Atmospheric Ad- ly with Senator INOUYE and me on this (1) To explore the physical, biological, chemical, geological, archaeological, tem- ministration, in coordination with the Na- bill and we thank him for his contribu- tional Aeronautics and Space Administra- poral, and other related characteristics of tions to ocean policy. Senators SNOWE tion, the U.S. Geological Survey, Office of the oceans to benefit, inform, and inspire the Naval Research, and relevant governmental, and DODD would like to be added as American people. non-governmental, academic, and other ex- original co-sponsors of this bill. (2) To create missions and scientific activi- perts, shall convene an ocean technology and Senator INOUYE and I introduce this ties of discovery that will improve our un- infrastructure task force to develop and im- legislation today in an effort to in- derstanding, appreciation, and stewardship plement a strategy— crease and coordinate research and ex- of the unique marine ecosystems, organisms, (1) to facilitate transfer of new exploration ploration of our Nation’s oceans. Alas- chemistry, and geology of the world’s technology to the program; ka and Hawaii are uniquely dependent oceans, and to enhance knowledge of sub- (2) to improve availability of communica- on the ocean for food, employment, merged maritime historical and archae- tions infrastructure, including satellite ca- ological sites. recreation, and the delivery of goods. pabilities, to the program; (3) To facilitate discovery of marine nat- (3) to develop an integrated, workable and However, approximately 95 percent of ural products from these ecosystems that the ocean floor remains unexplored, comprehensive data management informa- may have potential beneficial uses, including tion processing system that will make infor- much of it located in the polar lati- those that may help combat disease or pro- mation on unique and significant features tudes and the southern ocean. This leg- vide therapeutic benefits. obtained by the program available for re- islation will advance ocean exploration (4) To communicate such discoveries and search and management purposes; and and increase funding for greater re- knowledge to policymakers, regulators, re- (4) to encourage cost-sharing partnerships search. searchers, educators, and interested non- with governmental and non-governmental governmental entities in order to support entities that will assist in transferring ex- In its final report, the U.S. Commis- policy decisions and to spur additional sci- sion on Ocean Policy recommended ploration technology and technical expertise entific research and development. to the program. that the National Oceanic and Atmos- (5) To maximize effectiveness by inte- SEC. 6. INTERAGENCY FINANCING. pheric Administration and the Na- grating multiple scientific disciplines, em- The National Oceanic and Atmospheric Ad- tional Science Foundation lead an ex- ploying the diverse resources of the ocean ministration, the National Science Founda- panded National Ocean Exploration science community, and making ocean ex- tion, and other Federal agencies involved in Program. This legislation will accom- ploration data and information available in the program, are authorized to participate in plish that goal. a timely and consistent manner. interagency financing and share, transfer, (6) To achieve heightened education, envi- receive and spend funds appropriated to any The National Exploration Program ronmental literacy, public understanding expands ocean exploration. Through federal participant the program for the pur- and appreciation of the oceans. poses of carrying out any administrative or this program we will determine wheth- SEC. 4. AUTHORITIES. programmatic project or activity under this er there are new marine substances In carrying out the program the Adminis- section. Funds may be transferred among with potential therapeutic benefits; trator of the National Oceanic and Atmos- such departments and agencies through a ap- study unique marine ecosystems, orga- pheric Administration shall— propriate instrument that specifies the

VerDate jul 14 2003 03:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.062 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S453 goods, services, or space being acquired from S. 145 Rescission Act of 1946, now codified as another Federal participant and the costs of Be it enacted by the Senate and House of Rep- Section 107 of Title 38 of the United the same. resentatives of the United States of America in States Code. The 1946 Act deemed that SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Congress assembled, the service performed by these Filipino There are authorized to be appropriated to SECTION 1. REQUIREMENT FOR 12 OPERATIONAL veterans would not be recognized as the National Oceanic and Atmospheric Ad- AIRCRAFT CARRIERS WITHIN NAVAL ministration to carry out the program— FORCES OF THE NAVY. ‘‘active service’’ for the purpose of any (1) $45,000,000 for each of fiscal years 2006 Section 5062 of title 10, United States Code, U.S. law conferring ‘‘rights, privileges, through 2011; and is amended— or benefits.’’ Accordingly, Section 107 (2) $55,000,000 for each of fiscal years 2012 (1) by redesignating subsections (b) and (c) denied Filipino veterans access to through 2017. as subsections (c) and (d), respectively; and health care, particularly for non-serv- (2) by inserting after subsection (a) the fol- ice-connected disabilities, and pension By Mr. NELSON of Florida (for lowing new subsection (b): benefits. Section 107 also limited serv- himself, Mr. MARTINEZ, Mr. ‘‘(b) The naval combat forces of the Navy ice-connected disability and death SESSIONS, and Mr. ALLEN): shall include not less than 12 operational air- S. 145. A bill to amend title 10, craft carriers. For purposes of this sub- compensation for Filipino veterans to section, an operational aircraft carrier in- United States Code, to require the 50 percent of what their American cludes an aircraft carrier that is temporarily counterparts receive. naval forces of the Navy to include not unavailable for worldwide deployment due to less than 12 operational aircraft car- On May 27, 1946, the Congress enacted routine or scheduled maintenance or re- the Second Supplemental Surplus Ap- riers; to the Committee on Armed pair.’’. Services. propriations Rescission Act, which du- Mr. NELSON of Florida. Mr. Presi- By Mr. INOUYE: plicated the language that had elimi- dent, I feel strongly that any reduction S. 146. A bill to amend title 38, nated Filipino veterans’ benefits under in the size of the Nation’s carrier fleet United States Code, to deem certain the First Rescission Act. Thus, Fili- is not in the best interest of national service in the organized military forces pino veterans who fought in the service security. Therefore, I am introducing of the Government of the Common- of the United States during World War legislation to require the Navy to in- wealth of the Philippines and the Phil- II have been precluded from receiving clude not less than 12 operational air- ippine Scouts to have been active serv- most of the veterans’ benefits that had craft carriers. I am pleased to be joined ice for purposes of benefits under pro- been available to them before 1946, and by my co-sponsors, Senator MARTINEZ, grams administered by the Secretary that are available to all other veterans Senator ALLEN, and Senator SESSIONS. of Veterans Affairs; to the Committee of our armed forces regardless of race, America’s aircraft carrier fleet has on Veterans’ Affairs. national origin, or citizenship status. played and continues to play a critical Mr. INOUYE. Mr. President, many of The Filipino Veterans Equity Act, role in the global war on terrorism. you know of my continued support and which I introduce today, would restore Carrier based strike, electronic war- advocacy on the importance of address- the benefits due to these veterans by fare, and reconnaissance aircraft, and ing the plight of Filipino World War II granting full recognition of service for even more importantly, special oper- veterans. As an American, I believe the the sacrifices they made during World ations forces have provided the most treatment of Filipino World War II vet- War II. These benefits include veterans responsive and capable support erans is bleak and shameful. The Phil- health care, service-connected dis- throughout operations in the Gulf re- ippines became a United States posses- ability compensation, non-service con- gion. Nothing has changed in the stra- sion in 1898, when it was ceded by nected disability compensation, de- tegic environment to suggest that Spain, following the Spanish-American pendent indemnity compensation, America is more, or as secure with War. In 1934, the Congress enacted the death pension, and full burial benefits. eleven carriers as we are with twelve. Philippine Independence Act, Public Throughout the years, I have spon- The operational tempo of our aircraft Law 73–127, which provided a 10-year sored several measures to rectify the carriers has never been higher and it is time frame for the independence of the lack of appreciation America has hard to imagine that it will slow any Philippines. Between 1934 and final shown to these gallant men and women time soon. independence in 1946, the United States who stood in harm’s way with our The range of strategic threats and retained certain powers over the Phil- American soldiers and fought the com- opportunities that face the Nation at ippines including the right to call mili- mon enemy during World War II. It is this moment in the war on terror does tary forces organized by the newly- time that we as a Nation, recognize our not support the idea that we can re- formed Commonwealth government long-standing history and friendship duce our carrier fleet without creating into the service of the United States with the Philippines. Of the 120,000 that significant and unavoidable risk to our Armed Forces. served in the Commonwealth Army global reach and sustainability. I urge The Commonwealth Army of the during World War II, there are approxi- my colleagues to join with us to ensure Philippines was called to serve with mately 60,000 Filipino veterans cur- the Navy’s global flexibility and strik- the United States Armed Forces in the rently residing in the United States ing power. Cutting our carrier fleet Far East during World War II under and the Philippines. According to the now increases strategic risk and re- President Roosevelt’s July 26, 1941 Department of Veterans Affairs, the duces our combat power and capability, military order. The Filipinos who Filipino veteran population is expected all for relatively small budgetary sav- served were entitled to full veterans’ to decrease to approximately 20,000 or ings. benefits by reason of their active serv- roughly one-third of the current popu- I look forward to working with ice with our armed forces. Hundreds lation by 2010. Chairman WARNER and Senator LEVIN were wounded in battle and many hun- Heroes should never be forgotten or to gain the Armed Services Commit- dreds more died in battle. Shortly after ignored; let us not turn our backs on tee’s approval of this legislation, and Japan’s surrender, the Congress en- those who sacrificed so much. Let us its passage by the full Senate. Identical acted the Armed Forces Voluntary Re- instead work to repay all of these legislation is being introduced in the cruitment Act of 1945 for the purpose of brave men for their sacrifices by pro- House by Representative ANDER sending Filipino troops to occupy viding them the veterans’ benefits they CRENSHAW, and I look forward to work- enemy lands, and to oversee military deserve. ing with my colleagues in both houses installations at various overseas loca- I ask unanimous consent that the to see that this vital national security tions. These troops were authorized to text of my bill be printed in the legislation reaches the President’s receive pay and allowances for services RECORD. desk. performed throughout the Western Pa- There being no objection, the text of I ask unanimous consent that the cific. Although hostilities had ceased, the bill was ordered to be printed in text of the bill be printed in the wartime service of these troops contin- the RECORD, as follows: RECORD. ued as a matter of law until the end of S. 146 There being no objection, the bill was 1946. Be it enacted by the Senate and House of Rep- ordered to be printed in the RECORD, as Despite all of their sacrifices, on Feb- resentatives of the United States of America in follows: ruary 18, 1946, the Congress passed the Congress assembled,

VerDate jul 14 2003 03:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.064 S25PT1 S454 CONGRESSIONAL RECORD — SENATE January 25, 2005 SECTION 1. SHORT TITLE. Hawaiian programs currently adminis- I am Native Hawaiian and Chinese. I This Act may be cited as the ‘‘Filipino tered by the Departments of Health appreciate the culture and ethnicity of Veterans Equity Act of 2005’’. and Human Services, HHS, Education, my ancestors. I can trace my Chinese SEC. 2. CERTAIN SERVICE IN THE ORGANIZED or Housing and Urban Development, roots back to Fukien Province in MILITARY FORCES OF THE PHIL- IPPINES AND THE PHILIPPINE HUD, would continue to be adminis- China. My Native Hawaiian roots, how- SCOUTS DEEMED TO BE ACTIVE tered by those agencies. ever, are in Hawaii because it is our SERVICE. (2) It establishes the Native Hawaiian Hawaiian homeland. (a) IN GENERAL.—Section 107 of title 38, Interagency Coordinating Group—an My Chinese ancestors came to Hawaii United States Code, is amended— interagency group to be composed of to build a better life. My Native Hawai- (1) in subsection (a)— federal officials from agencies which ian grandparents and parents had (A) by striking ‘‘not’’ after ‘‘Army of the administer Native Hawaiian programs United States, shall’’; and America come into their homeland and (B) by striking ‘‘, except benefits under—’’ and services. Many are not aware that forever change their lives. This is a and all that follows in that subsection and Native Hawaiians have their own pro- profound difference. inserting a period; grams which are currently adminis- I am proud to be an American, and I (2) in subsection (b)— tered by different agencies in the Fed- am proud to have served my country in (A) by striking ‘‘not’’ after ‘‘Armed Forces eral Government. This group would en- the military. As long as Hawaii is a Voluntary Recruitment Act of 1945 shall’’; courage communication and collabora- part of the United States, however, I and tion between the Federal agencies believe the United States must fulfill (B) by striking ‘‘except—’’ and all that fol- working with Native Hawaiians. lows in that subsection and inserting a pe- its responsibility to Hawaii’s indige- (3) It establishes a process for the re- nous peoples. I believe it is imperative riod; and organization of the Native Hawaiian (3) by striking subsections (c) and (d). to clarify the existing legal and polit- (b) CONFORMING AMENDMENTS.—(1) The governing entity. While Congress has ical relationship between the United heading of such section is amended to read traditionally treated Native Hawaiians States and Native Hawaiians by pro- as follows: in a manner parallel to American Indi- viding Native Hawaiians with Federal ‘‘§ 107. Certain service deemed to be active ans and Alaska Natives, the formal pol- recognition for the purposes of a gov- service: service in organized military forces icy of self-governance and self deter- ernment-to-government relationship. of the Philippines and in the Philippine mination has not been extended to Na- Therefore, because this legislation is Scouts’’. tive Hawaiians. The bill establishes a based on the political and legal rela- (2) The item relating to such section in the process for the reorganization of the table of sections at the beginning of chapter tionship between the United States and Native Hawaiian governing entity for its indigenous peoples, which has been 1 of such title is amended to read as follows: the purposes of Federal recognition. ‘‘107. Certain service deemed to be active upheld for many, many years, by the The bill itself does not extend Federal United States Supreme Court, based on service: service in organized recognition—it authorizes the process the Indian Commerce Clause, I strenu- military forces of the Phil- for Federal recognition. ippines and in the Philippine ously disagree with the Following recognition of the Native Scouts.’’. Hawaiian government, negotiations mischaracterization of this legislation SEC. 3. EFFECTIVE DATE. will ensue between the Native Hawai- as race-based. (a) IN GENERAL.—The amendments made by Why is this bill so important? This ian governing entity and Federal and this Act shall take effect on January 1, 2005. bill is critical for the people of Hawaii State Governments over matters such (b) APPLICABILITY.—No benefits shall ac- because of the monumental step for- crue to any person for any period before the as the transfer of lands and natural re- ward it provides for Hawaii’s indige- effective date of this Act by reason of the sources; the exercise of governmental nous peoples. As many of my col- amendments made by this Act. authority over any transferred lands, leagues know, the Kingdom of Hawaii natural resources and other assets, in- By Mr. AKAKA (for himself and cluding land use; the exercise of civil was overthrown in 1893 with the assist- Mr. INOUYE): and criminal jurisdiction, and the dele- ance of agents from the United States. S. 147. A bill to express the policy of gation of governmental powers and au- In 1993, we enacted Public Law 103–150, the United State regarding the United thorities to the Native Hawaiian gov- commonly referred to as the Apology States relationship with Native Hawai- erning entity by the Federal and State Resolution, which acknowledged the il- ians and to provide a process for the Governments. This reflects the co- legal overthrow of the Kingdom of Ha- recognition by the United States of the operation between the Federal and waii and the deprivation of the rights Native Hawaiian governing entity; to State governments and the Native Ha- of Native Hawaiians to self determina- the Committee on Indian Affairs. waiian governing entity. It also re- tion. The Apology Resolution com- Mr. AKAKA. Mr. President, I rise flects a new paradigm where recogni- mitted the United States to acknowl- today with the senior Senator from Ha- tion provides the governing entity with edge the ramifications of the over- waii to introduce the Native Hawaiian a seat at the table to negotiate such throw in order to provide a proper Government Reorganization Act of matters. foundation of reconciliation between 2005. This is bipartisan legislation that The bill will not diminish funding for the United States and the Native Ha- we have been working on with our col- American Indians and Alaska Natives waiian people. leagues in Hawaii’s Congressional dele- because Native Hawaiians have their This bill provides a step forward in gation for the past 6 years. During the own education, health and housing pro- the process of reconciliation. The bill past 2 years, we have worked closely grams which have been separately establishes the structure for Native with Hawaii’s Governor, Linda Lingle, funded since their creation in 1988. Hawaiians and non-Native Hawaiians Hawaii’s first Republican governor in Finally, the bill does not authorize to discuss longstanding issues resulting 40 years, to get this legislation en- gaming in Hawaii. from the overthrow of the Kingdom of acted. We have also worked closely Some have characterized this bill as Hawaii. The structure is the negotia- with the Hawaii State legislature race-based legislation. As indigenous tion process between the federally rec- which has passed two resolutions peoples, Native Hawaiians never relin- ognized Native Hawaiian government unanimously in support of Federal Rec- quished their inherent rights to sov- and the Federal and State governments ognition for Native Hawaiians. I men- ereignty. We were a government that that I referred to earlier in my state- tion this, to underscore the fact that was overthrown. While the history of ment. this is bipartisan legislation. the Native Hawaiian government ended This discussion has been assiduously The Native Hawaiian Government in 1893 with great emotion and despair, avoided because no one has known how Reorganization Act of 2005 does three inspired by the dignity and grace of to address or deal with the emotions things: Queen Liliuokalani, Native Hawaiians that are involved when these matters (1) It authorizes the Office of Native have preserved their culture, tradition, are discussed. There has been no struc- Hawaiian Relations in the Department subsistence rights, language, and dis- tured process. Instead, there has been of the Interior to serve as a liaison be- tinct communities. We have tried to fear as to what the discussion would tween Native Hawaiians and the fed- hold on to our homeland. Hawaii, for entail, causing people to avoid and eral government. Funding for Native us, is our homeland. shirk the issues. Such behavior has led

VerDate jul 14 2003 03:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.070 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S455 to high levels of anger and frustration and the people of Hawaii support this establish and maintain native settlements as well as misunderstanding between legislation. and distinct native communities throughout Native Hawaiians and non-Native Ha- I ask you to stand with me and my the State; waiians. esteemed friend, Hawaii’s revered sen- (10) the Hawaiian Home Lands and other ior Senator, our two House members, ceded lands provide an important foundation As a young child, I was discouraged for the ability of the Native Hawaiian com- from speaking Hawaiian because I was our Governor, the Hawaii State legisla- munity to maintain the practice of Native told that I needed to succeed in the ture, and the people of Hawaii to enact Hawaiian culture, language, and traditions, Western world. My parents witnessed this critical measure for my state. and for the survival and economic self-suffi- the overthrow and lived during a time I ask unanimous consent that the ciency of the Native Hawaiian people; when all things Hawaiian, including text of my bill be printed in the (11) Native Hawaiians continue to main- language, which they both spoke flu- RECORD. tain other distinctly native areas in Hawaii; (12) on November 23, 1993, Public Law 103– ently, hula, custom, and tradition, Mr. AKAKA. Mr. President, I ask unanimous consent that the text of the 150 (107 Stat. 1510) (commonly known as the were viewed unfavorably and discour- ‘‘Apology Resolution’’) was enacted into law, aged. I, therefore, was discouraged bill be printed in the RECORD. There being no objection, the bill was extending an apology on behalf of the United from speaking the language and prac- States to the native people of Hawaii for the ordered to be printed in the RECORD, as United States’ role in the overthrow of the ticing Hawaiian customs and tradition. follows: My experience mirrors that of my gen- Kingdom of Hawaii; S. 147 eration of Hawaiians. (13) the Apology Resolution acknowledges My generation learned to accept Be it enacted by the Senate and House of Rep- that the overthrow of the Kingdom of Hawaii resentatives of the United States of America in occurred with the active participation of what was ingrained into us by our par- Congress assembled, agents and citizens of the United States and ents, and while we were concerned SECTION 1. SHORT TITLE. further acknowledges that the Native Hawai- about the longstanding issues resulting This Act may be cited as the ‘‘Native Ha- ian people never directly relinquished to the from the overthrow dealing with polit- waiian Government Reorganization Act of United States their claims to their inherent ical status and lands, we were told not 2005’’. sovereignty as a people over their national to ‘‘make waves’’ by addressing these SEC. 2. FINDINGS. lands, either through the Kingdom of Hawaii matters. My children, however, have Congress finds that— or through a plebiscite or referendum; (14) the Apology Resolution expresses the had the advantage of growing up dur- (1) the Constitution vests Congress with the authority to address the conditions of commitment of Congress and the President— ing the Hawaiian renaissance, a period the indigenous, native people of the United (A) to acknowledge the ramifications of of revival for Hawaiian language, cus- States; the overthrow of the Kingdom of Hawaii; tom, and tradition. My grandchildren, (2) Native Hawaiians, the native people of (B) to support reconciliation efforts be- benefitting from this revival, can the Hawaiian archipelago that is now part of tween the United States and Native Hawai- speak Hawaiian and know so much the United States, are indigenous, native ians; and about our history. people of the United States; (C) to consult with Native Hawaiians on It is this generation, however, that is (3) the United States has a special political the reconciliation process as called for in the and legal responsibility to promote the wel- Apology Resolution; growing impatient with the lack of fare of the native people of the United (15) despite the overthrow of the govern- progress in efforts to resolve long- States, including Native Hawaiians; ment of the Kingdom of Hawaii, Native Ha- standing issues. It is this generation (4) under the treaty making power of the waiians have continued to maintain their that does not understand why we have United States, Congress exercised its con- separate identity as a distinct native com- not discussed these matters. It is this stitutional authority to confirm treaties be- munity through cultural, social, and polit- generation that cannot believe that we, tween the United States and the Kingdom of ical institutions, and to give expression to as Native Hawaiians, have let the situ- Hawaii, and from 1826 until 1893, the United their rights as native people to self-deter- mination, self-governance, and economic ation continue for 110 years. States— (A) recognized the sovereignty of the King- self-sufficiency; It is an active minority within this dom of Hawaii; (16) Native Hawaiians have also given ex- generation, spurred by frustration and (B) accorded full diplomatic recognition to pression to their rights as native people to sadness, that embraces independence the Kingdom of Hawaii; and self-determination, self-governance, and eco- from the United States. (C) entered into treaties and conventions nomic self-sufficiency— It is for this generation that I bring with the Kingdom of Hawaii to govern com- (A) through the provision of governmental this bill forward to ensure that there is merce and navigation in 1826, 1842, 1849, 1875, services to Native Hawaiians, including the a structured process to address these and 1887; provision of— (i) health care services; issues. (5) pursuant to the Hawaiian Homes Com- mission Act, 1920 (42 Stat. 108, chapter 42), (ii) educational programs; My point is that Hawaii’s people, the United States set aside approximately (iii) employment and training programs; both Native Hawaiians and non-Native 203,500 acres of land to address the conditions (iv) economic development assistance pro- Hawaiians, are no longer willing to pre- of Native Hawaiians in the Federal territory grams; tend that the longstanding issues re- that later became the State of Hawaii; (v) children’s services; sulting from the overthrow do not (6) by setting aside 203,500 acres of land for (vi) conservation programs; exist. We need the structured process Native Hawaiian homesteads and farms, the (vii) fish and wildlife protection; that this bill provides, first in reorga- Hawaiian Homes Commission Act assists the (viii) agricultural programs; members of the Native Hawaiian community (ix) native language immersion programs; nizing the Native Hawaiian governing in maintaining distinct native settlements (x) native language immersion schools entity, and second by providing that throughout the State of Hawaii; from kindergarten through high school; entity with the opportunity to nego- (7) approximately 6,800 Native Hawaiian (xi) college and master’s degree programs tiate and resolve issues with the Fed- families reside on the Hawaiian Home Lands in native language immersion instruction; eral and State governments to allevi- and approximately 18,000 Native Hawaiians (xii) traditional justice programs, and ate the growing mistrust, misunder- who are eligible to reside on the Hawaiian (B) by continuing their efforts to enhance standing, anger, and frustration about Home Lands are on a waiting list to receive Native Hawaiian self-determination and these matters in Hawaii. This can only assignments of Hawaiian Home Lands; local control; (8)(A) in 1959, as part of the compact with (17) Native Hawaiians are actively engaged be done through a government-to-gov- the United States admitting Hawaii into the in Native Hawaiian cultural practices, tradi- ernment relationship. Union, Congress established a public trust tional agricultural methods, fishing and sub- This bill is of significant importance (commonly known as the ‘‘ceded lands sistence practices, maintenance of cultural in Hawaii. It has no impact on any of trust’’), for 5 purposes, 1 of which is the bet- use areas and sacred sites, protection of bur- the other states. Hawaii’s entire Con- terment of the conditions of Native Hawai- ial sites, and the exercise of their traditional gressional delegation supports this leg- ians; rights to gather medicinal plants and herbs, islation. Our Governor, the first Repub- (B) the public trust consists of lands, in- and food sources; lican to be elected in 40 years, supports cluding submerged lands, natural resources, (18) the Native Hawaiian people wish to this legislation. Indeed, it is her Num- and the revenues derived from the lands; and preserve, develop, and transmit to future (C) the assets of this public trust have generations of Native Hawaiians their lands ber One Federal priority. The Hawaii never been completely inventoried or seg- and Native Hawaiian political and cultural State Legislature supports this legisla- regated; identity in accordance with their traditions, tion. And most importantly, a clear (9) Native Hawaiians have continuously beliefs, customs and practices, language, and majority of the Native Hawaiian people sought access to the ceded lands in order to social and political institutions, to control

VerDate jul 14 2003 03:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.094 S25PT1 S456 CONGRESSIONAL RECORD — SENATE January 25, 2005 and manage their own lands, including ceded has recognized as the original inhabitants of (B) the Act entitled ‘‘An Act to provide for lands, and to achieve greater self-determina- the lands that later became part of the the admission of the State of Hawaii into the tion over their own affairs; United States and who exercised sovereignty Union’’, approved March 18, 1959 (Public Law (19) this Act provides a process within the in the areas that later became part of the 86–3, 73 Stat. 4); and framework of Federal law for the Native Ha- United States. (C) more than 150 other Federal laws ad- waiian people to exercise their inherent (2) ADULT MEMBER.—The term ‘‘adult mem- dressing the conditions of Native Hawaiians; rights as a distinct, indigenous, native com- ber’’ means a Native Hawaiian who has at- (4) Native Hawaiians have— munity to reorganize a Native Hawaiian gov- tained the age of 18 and who elects to par- (A) an inherent right to autonomy in their erning entity for the purpose of giving ex- ticipate in the reorganization of the Native internal affairs; pression to their rights as native people to Hawaiian governing entity. (B) an inherent right of self-determination self-determination and self-governance; (3) APOLOGY RESOLUTION.—The term ‘‘Apol- and self-governance; (20) Congress— ogy Resolution’’ means Public Law 103–150, (C) the right to reorganize a Native Hawai- (A) has declared that the United States has (107 Stat. 1510), a Joint Resolution extending ian governing entity; and a special responsibility for the welfare of the an apology to Native Hawaiians on behalf of (D) the right to become economically self- native peoples of the United States, includ- the United States for the participation of sufficient; and ing Native Hawaiians; agents of the United States in the January (5) the United States shall continue to en- (B) has identified Native Hawaiians as a 17, 1893, overthrow of the Kingdom of Hawaii. gage in a process of reconciliation and polit- distinct group of indigenous, native people of (4) COMMISSION.—The term ‘‘commission’’ ical relations with the Native Hawaiian peo- the United States within the scope of its au- means the Commission established under ple. thority under the Constitution, and has en- section 7(b) to provide for the certification (b) PURPOSE.—The purpose of this Act is to acted scores of statutes on their behalf; and that those adult members of the Native Ha- provide a process for the reorganization of (C) has delegated broad authority to the waiian community listed on the roll meet the Native Hawaiian governing entity and State of Hawaii to administer some of the the definition of Native Hawaiian set forth the reaffirmation of the political and legal United States’ responsibilities as they relate in paragraph (8). relationship between the United States and to the Native Hawaiian people and their (5) COUNCIL.—The term ‘‘council’’ means the Native Hawaiian governing entity for lands; the Native Hawaiian Interim Governing purposes of continuing a government-to-gov- (21) the United States has recognized and Council established under section 7(c)(2). ernment relationship. (6) INDIGENOUS, NATIVE PEOPLE.—The term reaffirmed the special political and legal re- SEC. 5. UNITED STATES OFFICE FOR NATIVE HA- lationship with the Native Hawaiian people ‘‘indigenous, native people’’ means the lineal WAIIAN RELATIONS. descendants of the aboriginal, indigenous, through the enactment of the Act entitled, (a) ESTABLISHMENT.—There is established native people of the United States. ‘‘An Act to provide for the admission of the within the Office of the Secretary, the (7) INTERAGENCY COORDINATING GROUP.—The State of Hawaii into the Union’’, approved United States Office for Native Hawaiian Re- term ‘‘Interagency Coordinating Group’’ March 18, 1959 (Public Law 86–3; 73 Stat. 4), lations. means the Native Hawaiian Interagency Co- by— (b) DUTIES.—The Office shall— ordinating Group established under section (A) ceding to the State of Hawaii title to (1) continue the process of reconciliation 6. the public lands formerly held by the United with the Native Hawaiian people in further- (8) NATIVE HAWAIIAN.—For the purpose of States, and mandating that those lands be establishing the roll authorized under sec- ance of the Apology Resolution; held as a public trust for 5 purposes, 1 of tion 7(c)(1) and before the reaffirmation of (2) upon the reaffirmation of the political which is for the betterment of the conditions the political and legal relationship between and legal relationship between the Native of Native Hawaiians; and the United States and the Native Hawaiian Hawaiian governing entity and the United (B) transferring the United States’ respon- governing entity, the term ‘‘Native Hawai- States, effectuate and coordinate the special sibility for the administration of the Hawai- ian’’ means— political and legal relationship between the ian Home Lands to the State of Hawaii, but (A) an individual who is one of the indige- Native Hawaiian governing entity and the retaining the authority to enforce the trust, nous, native people of Hawaii and who is a United States through the Secretary, and including the exclusive right of the United direct lineal descendant of the aboriginal, in- with all other Federal agencies; States to consent to any actions affecting digenous, native people who— (3) fully integrate the principle and prac- the lands that comprise the corpus of the (i) resided in the islands that now comprise tice of meaningful, regular, and appropriate trust and any amendments to the Hawaiian the State of Hawaii on or before January 1, consultation with the Native Hawaiian gov- Homes Commission Act, 1920 (42 Stat. 108, 1893; and erning entity by providing timely notice to, chapter 42) that are enacted by the legisla- (ii) occupied and exercised sovereignty in and consulting with, the Native Hawaiian ture of the State of Hawaii affecting the the Hawaiian archipelago, including the area people and the Native Hawaiian governing beneficiaries under the Act; that now constitutes the State of Hawaii; or entity before taking any actions that may (22) the United States has continually rec- (B) an individual who is one of the indige- have the potential to significantly affect Na- ognized and reaffirmed that— nous, native people of Hawaii and who was tive Hawaiian resources, rights, or lands; (A) Native Hawaiians have a cultural, his- eligible in 1921 for the programs authorized (4) consult with the Interagency Coordi- toric, and land-based link to the aboriginal, by the Hawaiian Homes Commission Act (42 nating Group, other Federal agencies, the indigenous, native people who exercised sov- Stat. 108, chapter 42) or a direct lineal de- Governor of the State of Hawaii and relevant ereignty over the Hawaiian Islands; scendant of that individual. agencies of the State of Hawaii on policies, (B) Native Hawaiians have never relin- (9) NATIVE HAWAIIAN GOVERNING ENTITY.— practices, and proposed actions affecting Na- quished their claims to sovereignty or their The term ‘‘Native Hawaiian Governing Enti- tive Hawaiian resources, rights, or lands; and sovereign lands; ty’’ means the governing entity organized by (5) prepare and submit to the Committee (C) the United States extends services to the Native Hawaiian people pursuant to this on Indian Affairs and the Committee on En- Native Hawaiians because of their unique Act. ergy and Natural Resources of the Senate status as the indigenous, native people of a (10) OFFICE.—The term ‘‘Office’’ means the and the Committee on Resources of the once-sovereign nation with whom the United United States Office for Native Hawaiian Re- House of Representatives an annual report States has a political and legal relationship; lations established by section 5(a). detailing the activities of the Interagency and (11) SECRETARY.—The term ‘‘Secretary’’ Coordinating Group that are undertaken (D) the special trust relationship of Amer- means the Secretary of the Interior. with respect to the continuing process of rec- ican Indians, Alaska Natives, and Native Ha- SEC. 4. UNITED STATES POLICY AND PURPOSE. onciliation and to effect meaningful con- waiians to the United States arises out of (a) POLICY.—The United States reaffirms sultation with the Native Hawaiian gov- their status as aboriginal, indigenous, native that— erning entity and providing recommenda- people of the United States; and (1) Native Hawaiians are a unique and dis- tions for any necessary changes to Federal (23) the State of Hawaii supports the reaf- tinct, indigenous, native people with whom law or regulations promulgated under the firmation of the political and legal relation- the United States has a special political and authority of Federal law. ship between the Native Hawaiian governing legal relationship; SEC. 6. NATIVE HAWAIIAN INTERAGENCY CO- entity and the United States as evidenced by (2) the United States has a special political ORDINATING GROUP. 2 unanimous resolutions enacted by the Ha- and legal relationship with the Native Ha- (a) ESTABLISHMENT.—In recognition that waii State Legislature in the 2000 and 2001 waiian people which includes promoting the Federal programs authorized to address the sessions of the Legislature and by the testi- welfare of Native Hawaiians; conditions of Native Hawaiians are largely mony of the Governor of the State of Hawaii (3) Congress possesses the authority under administered by Federal agencies other than before the Committee on Indian Affairs of the Constitution, including but not limited the Department of the Interior, there is es- the Senate on February 25, 2003. to Article I, section 8, clause 3, to enact leg- tablished an interagency coordinating group SEC. 3. DEFINITIONS. islation to address the conditions of Native to be known as the ‘‘Native Hawaiian Inter- In this Act: Hawaiians and has exercised this authority agency Coordinating Group’’. (1) ABORIGINAL, INDIGENOUS, NATIVE PEO- through the enactment of— (b) COMPOSITION.—The Interagency Coordi- PLE.—The term ‘‘aboriginal, indigenous, na- (A) the Hawaiian Homes Commission Act, nating Group shall be composed of officials, tive people’’ means people whom Congress 1920 (42 Stat. 108, chapter 42); to be designated by the President, from—

VerDate jul 14 2003 03:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.072 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S457 (1) each Federal agency that administers for inclusion on the roll meets the definition experience in the determination of Native Native Hawaiian programs, establishes or of Native Hawaiian in section 3(8). Hawaiian ancestry and lineal descendancy. implements policies that affect Native Ha- (5) STAFF.— (E) CERTIFICATION AND SUBMITTAL OF ROLL waiians, or whose actions may significantly (A) IN GENERAL.—The Commission may, TO SECRETARY.—The Commission shall— or uniquely impact Native Hawaiian re- without regard to the civil service laws (in- (i) submit the roll containing the names of sources, rights, or lands; and cluding regulations), appoint and terminate the adult members of the Native Hawaiian (2) the Office. an executive director and such other addi- community who meet the definition of Na- (c) LEAD AGENCY.— tional personnel as are necessary to enable tive Hawaiian in section 3(8) to the Sec- (1) IN GENERAL.—The Department of the In- the Commission to perform the duties of the retary within two years from the date on terior shall serve as the lead agency of the Commission. which the Commission is fully composed; and Interagency Coordinating Group. (B) COMPENSATION.— (ii) certify to the Secretary that each of (2) MEETINGS.—The Secretary shall con- (i) IN GENERAL.—Except as provided in the adult members of the Native Hawaiian vene meetings of the Interagency Coordi- clause (ii), the Commission may fix the com- community proposed for inclusion on the roll nating Group. pensation of the executive director and other meets the definition of Native Hawaiian in (d) DUTIES.—The Interagency Coordinating personnel without regard to the provisions of section 3(8). Group shall— chapter 51 and subchapter III of chapter 53 of (F) PUBLICATION.—Upon certification by (1) coordinate Federal programs and poli- title 5, United States Code, relating to clas- the Commission to the Secretary that those cies that affect Native Hawaiians or actions sification of positions and General Schedule listed on the roll meet the definition of Na- by any agency or agencies of the Federal pay rates. tive Hawaiian in section 3(8), the Secretary Government that may significantly or (ii) MAXIMUM RATE OF PAY.—The rate of shall publish the roll in the Federal Register. uniquely affect Native Hawaiian resources, pay for the executive director and other per- (G) APPEAL.—The Secretary may establish rights, or lands; sonnel shall not exceed the rate payable for a mechanism for an appeal for any person (2) ensure that each Federal agency devel- level V of the Executive Schedule under sec- whose name is excluded from the roll who ops a policy on consultation with the Native tion 5316 of title 5, United States Code. claims to meet the definition of Native Ha- Hawaiian people, and upon the reaffirmation (6) DETAIL OF FEDERAL GOVERNMENT EM- waiian in section 3(8) and to be 18 years of of the political and legal relationship be- PLOYEES.— age or older. tween the Native Hawaiian governing entity (A) IN GENERAL.—An employee of the Fed- (H) PUBLICATION; UPDATE.—The Secretary and the United States, consultation with the eral Government may be detailed to the shall— Native Hawaiian governing entity; and Commission without reimbursement. (i) publish the roll regardless of whether (3) ensure the participation of each Federal (B) CIVIL SERVICE STATUS.—The detail of appeals are pending; agency in the development of the report to (ii) update the roll and the publication of Congress authorized in section 5(b)(5). the employee shall be without interruption or loss of civil service status or privilege. the roll on the final disposition of any ap- SEC. 7. PROCESS FOR THE REORGANIZATION OF peal; (7) PROCUREMENT OF TEMPORARY AND INTER- THE NATIVE HAWAIIAN GOVERNING (iii) update the roll to include any Native MITTENT SERVICES.—The Commission may ENTITY AND THE REAFFIRMATION Hawaiian who has attained the age of 18 and OF THE POLITICAL AND LEGAL RE- procure temporary and intermittent services who has been certified by the Commission as LATIONSHIP BETWEEN THE UNITED in accordance with section 3109(b) of title 5, meeting the definition of Native Hawaiian in STATES AND THE NATIVE HAWAIIAN United States Code, at rates for individuals section 3(8) after the initial publication of GOVERNING ENTITY. that do not exceed the daily equivalent of the roll or after any subsequent publications (a) RECOGNITION OF THE NATIVE HAWAIIAN the annual rate of basic pay prescribed for of the roll. GOVERNING ENTITY.—The right of the Native level V of the Executive Schedule under sec- (I) FAILURE TO ACT.—If the Secretary fails Hawaiian people to reorganize the Native tion 5316 of that title. Hawaiian governing entity to provide for to publish the roll, not later than 90 days (8) EXPIRATION.—The Secretary shall dis- their common welfare and to adopt appro- after the date on which the roll is submitted solve the Commission upon the reaffirmation priate organic governing documents is recog- to the Secretary, the Commission shall pub- of the political and legal relationship be- nized by the United States. lish the roll notwithstanding any order or di- tween the Native Hawaiian governing entity (b) COMMISSION.— rective issued by the Secretary or any other and the United States. (1) IN GENERAL.—There is authorized to be official of the Department of the Interior to established a Commission to be composed of (c) PROCESS FOR THE REORGANIZATION OF the contrary. nine members for the purposes of— THE NATIVE HAWAIIAN GOVERNING ENTITY.— (J) EFFECT OF PUBLICATION.—The publica- (A) preparing and maintaining a roll of the (1) ROLL.— tion of the initial and updated roll shall adult members of the Native Hawaiian com- (A) CONTENTS.—The roll shall include the serve as the basis for the eligibility of adult munity who elect to participate in the reor- names of the adult members of the Native members of the Native Hawaiian community ganization of the Native Hawaiian governing Hawaiian community who elect to partici- whose names are listed on those rolls to par- entity; and pate in the reorganization of the Native Ha- ticipate in the reorganization of the Native (B) certifying that the adult members of waiian governing entity and are certified to Hawaiian governing entity. the Native Hawaiian community proposed be Native Hawaiian as defined in section 3(8) (2) ORGANIZATION OF THE NATIVE HAWAIIAN for inclusion on the roll meet the definition by the Commission. INTERIM GOVERNING COUNCIL.— of Native Hawaiian in paragraph (8) of sec- (B) FORMATION OF ROLL.—Each adult mem- (A) ORGANIZATION.—The adult members of tion 3. ber of the Native Hawaiian community who the Native Hawaiian community listed on (2) MEMBERSHIP.— elects to participate in the reorganization of the roll published under this section may— (A) APPOINTMENT.—Within 180 days of the the Native Hawaiian governing entity shall (i) develop criteria for candidates to be date of enactment of this Act, the Secretary submit to the Commission documentation in elected to serve on the Native Hawaiian In- shall appoint the members of the Commis- the form established by the Commission that terim Governing Council; sion in accordance with subclause (B). Any is sufficient to enable the Commission to de- (ii) determine the structure of the Council; vacancy on the Commission shall not affect termine whether the individual meets the and its powers and shall be filled in the same definition of Native Hawaiian in section 3(8). (iii) elect members from individuals listed manner as the original appointment. (C) DOCUMENTATION.—The Commission on the roll published under this subsection (B) REQUIREMENTS.—The members of the shall— to the Council. Commission shall be Native Hawaiian, as de- (i) identify the types of documentation (B) POWERS.— fined in section 3(8), and shall have expertise that may be submitted to the Commission (i) IN GENERAL.—The Council— in the determination of Native Hawaiian an- that would enable the Commission to deter- (I) may represent those listed on the roll cestry and lineal descendancy. mine whether an individual meets the defini- published under this section in the imple- (3) EXPENSES.—Each member of the Com- tion of Native Hawaiian in section 3(8); mentation of this Act; and mission shall be allowed travel expenses, in- (ii) establish a standard format for the sub- (II) shall have no powers other than powers cluding per diem in lieu of subsistence, at mission of documentation; and given to the Council under this Act. rates authorized for employees of agencies (iii) publish information related to clauses (ii) FUNDING.—The Council may enter into under subchapter I of chapter 57 of title 5, (i) and (ii) in the Federal Register; a contract with, or obtain a grant from, any United States Code, while away from their (D) CONSULTATION.—In making determina- Federal or State agency to carry out clause homes or regular places of business in the tions that each of the adult members of the (iii). performance of services for the Commission. Native Hawaiian community proposed for in- (iii) ACTIVITIES.— (4) DUTIES.—The Commission shall— clusion on the roll meets the definition of (I) IN GENERAL.—The Council may conduct (A) prepare and maintain a roll of the Native Hawaiian in section 3(8), the Commis- a referendum among the adult members of adult members of the Native Hawaiian com- sion may consult with Native Hawaiian orga- the Native Hawaiian community listed on munity who elect to participate in the reor- nizations, agencies of the State of Hawaii in- the roll published under this subsection for ganization of the Native Hawaiian governing cluding but not limited to the Department of the purpose of determining the proposed ele- entity; and Hawaiian Home Lands, the Office of Hawai- ments of the organic governing documents of (B) certify that each of the adult members ian Affairs, and the State Department of the Native Hawaiian governing entity, in- of the Native Hawaiian community proposed Health, and other entities with expertise and cluding but not limited to—

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(aa) the proposed criteria for citizenship of tionship between the United States and the (2) AMENDMENTS TO EXISTING LAWS.—Upon the Native Hawaiian governing entity; indigenous, native people of the United agreement on any matter or matters nego- (bb) the proposed powers and authorities to States; provided that the provisions of Pub- tiated with the United States, the State of be exercised by the Native Hawaiian gov- lic Law 103–454, 25 U.S.C. 479a, shall not Hawaii, and the Native Hawaiian governing erning entity, as well as the proposed privi- apply. entity, the parties are authorized to sub- leges and immunities of the Native Hawaiian (B) RESUBMISSION IN CASE OF NONCOMPLI- mit— governing entity; ANCE WITH THE REQUIREMENTS OF SUBPARA- (A) to the Committee on Indian Affairs of (cc) the proposed civil rights and protec- GRAPH (A).— the Senate, the Committee on Energy and tion of the rights of the citizens of the Na- (i) RESUBMISSION BY THE SECRETARY.—If the Natural Resources of the Senate, and the tive Hawaiian governing entity and all per- Secretary determines that the organic gov- Committee on Resources of the House of sons affected by the exercise of govern- erning documents, or any part of the docu- Representatives, recommendations for pro- mental powers and authorities of the Native ments, do not meet all of the requirements posed amendments to Federal law that will Hawaiian governing entity; and set forth in subparagraph (A), the Secretary enable the implementation of agreements (dd) other issues determined appropriate shall resubmit the organic governing docu- reached between the 3 governments; and by the Council. ments to the Council, along with a justifica- (B) to the Governor and the legislature of (II) DEVELOPMENT OF ORGANIC GOVERNING tion for each of the Secretary’s findings as to the State of Hawaii, recommendations for DOCUMENTS.—Based on the referendum, the why the provisions are not in full compli- proposed amendments to State law that will Council may develop proposed organic gov- ance. enable the implementation of agreements erning documents for the Native Hawaiian (ii) AMENDMENT AND RESUBMISSION OF OR- reached between the 3 governments. governing entity. GANIC GOVERNING DOCUMENTS.—If the organic (c) CLAIMS.— (III) DISTRIBUTION.—The Council may dis- governing documents are resubmitted to the (1) IN GENERAL.—Nothing in this Act serves tribute to all adult members of the Native Council by the Secretary under clause (i), as a settlement of any claim against the Hawaiian community listed on the roll pub- the Council shall— United States. lished under this subsection— (I) amend the organic governing documents (2) STATUTE OF LIMITATIONS.—Any claim (aa) a copy of the proposed organic gov- to ensure that the documents meet all the against the United States arising under Fed- erning documents, as drafted by the Council; requirements set forth in subparagraph (A); eral law that— and and (A) is in existence on the date of enact- (bb) a brief impartial description of the (II) resubmit the amended organic gov- ment of this Act; proposed organic governing documents; erning documents to the Secretary for cer- (B) is asserted by the Native Hawaiian gov- (IV) ELECTIONS.—The Council may hold tification in accordance with this paragraph. erning entity on behalf of the Native Hawai- elections for the purpose of ratifying the pro- (C) CERTIFICATIONS DEEMED MADE.—The ian people; and posed organic governing documents, and on certifications under paragraph (4) shall be (C) relates to the legal and political rela- certification of the organic governing docu- deemed to have been made if the Secretary tionship between the United States and the ments by the Secretary in accordance with has not acted within 90 days after the date Native Hawaiian people; paragraph (4), hold elections of the officers on which the Council has submitted the or- shall be brought in the court of jurisdiction of the Native Hawaiian governing entity pur- ganic governing documents of the Native Ha- over such claims not later than 20 years suant to paragraph (5). waiian governing entity to the Secretary. after the date on which Federal recognition (3) SUBMITTAL OF ORGANIC GOVERNING DOCU- (5) ELECTIONS.—On completion of the cer- is extended to the Native Hawaiian gov- MENTS.—Following the reorganization of the tifications by the Secretary under paragraph erning entity under section 7(c)(6). Native Hawaiian governing entity and the (4), the Council may hold elections of the of- adoption of organic governing documents, ficers of the Native Hawaiian governing enti- SEC. 9. APPLICABILITY OF CERTAIN FEDERAL LAWS. the Council shall submit the organic gov- ty. (a) INDIAN GAMING REGULATORY ACT.— erning documents of the Native Hawaiian (6) REAFFIRMATION.—Notwithstanding any Nothing in this Act shall be construed to au- governing entity to the Secretary. other provision of law, upon the certifi- thorize the Native Hawaiian governing enti- (4) CERTIFICATIONS.— cations required under paragraph (4) and the ty to conduct gaming activities under the (A) IN GENERAL.—Within the context of the election of the officers of the Native Hawai- authority of the Indian Gaming Regulatory future negotiations to be conducted under ian governing entity, the political and legal Act (25 U.S.C. 2701 et seq.). the authority of section 8(b)(1), and the sub- relationship between the United States and sequent actions by the Congress and the (b) BUREAU OF INDIAN AFFAIRS.—Nothing the Native Hawaiian governing entity is contained in this Act provides an authoriza- State of Hawaii to enact legislation to im- hereby reaffirmed and the United States ex- plement the agreements of the 3 govern- tion for eligibility to participate in any pro- tends Federal recognition to the Native Ha- grams and services provided by the Bureau of ments, not later than 90 days after the date waiian governing entity as the representa- on which the Council submits the organic Indian Affairs for any persons not otherwise tive governing body of the Native Hawaiian eligible for the programs or services. governing documents to the Secretary, the people. Secretary shall certify that the organic gov- SEC. 10. SEVERABILITY. SEC. 8. REAFFIRMATION OF DELEGATION OF erning documents— FEDERAL AUTHORITY; NEGOTIA- If any section or provision of this Act is (i) establish the criteria for citizenship in TIONS; CLAIMS. held invalid, it is the intent of Congress that the Native Hawaiian governing entity; (a) REAFFIRMATION.—The delegation by the the remaining sections or provisions shall (ii) were adopted by a majority vote of the United States of authority to the State of continue in full force and effect. adult members of the Native Hawaiian com- Hawaii to address the conditions of the in- SEC. 11. AUTHORIZATION OF APPROPRIATIONS. munity whose names are listed on the roll digenous, native people of Hawaii contained There are authorized to be appropriated published by the Secretary; in the Act entitled ‘‘An Act to provide for such sums as are necessary to carry out this (iii) provide authority for the Native Ha- the admission of the State of Hawaii into the Act. waiian governing entity to negotiate with Union’’ approved March 18, 1959 (Public Law Mr. INOUYE. Mr. President, I am Federal, State, and local governments, and 86–3, 73 Stat. 4), is reaffirmed. other entities; (b) NEGOTIATIONS.— pleased to join my colleague, Senator (iv) provide for the exercise of govern- (1) IN GENERAL.—Upon the reaffirmation of AKAKA, as a cosponsor of the Native mental authorities by the Native Hawaiian the political and legal relationship between Hawaiian Government Reorganization governing entity, including any authorities the United States and the Native Hawaiian Act. that may be delegated to the Native Hawai- governing entity, the United States and the Having served on the Indian Affairs ian governing entity by the United States State of Hawaii may enter into negotiations Committee for the past 27 years, I and the State of Hawaii following negotia- with the Native Hawaiian governing entity know that most of our colleagues are tions authorized in section 8(b)(1) and the en- designed to lead to an agreement addressing more familiar with conditions and cir- actment of legislation to implement the such matters as— agreements of the 3 governments; (A) the transfer of lands, natural resources, cumstances in Indian country, and nat- (v) prevent the sale, disposition, lease, or and other assets, and the protection of exist- urally, they bring their experience encumbrance of lands, interests in lands, or ing rights related to such lands or resources; with Indian country to bear in consid- other assets of the Native Hawaiian gov- (B) the exercise of governmental authority ering this measure, which has been erning entity without the consent of the Na- over any transferred lands, natural re- pending in the Senate for the past six tive Hawaiian governing entity; sources, and other assets, including land use; years. (vi) provide for the protection of the civil (C) the exercise of civil and criminal juris- Accordingly, Mr. President, I believe rights of the citizens of the Native Hawaiian diction; it is important that our colleagues un- governing entity and all persons affected by (D) the delegation of governmental powers the exercise of governmental powers and au- and authorities to the Native Hawaiian gov- derstand what this bill seeks to accom- thorities by the Native Hawaiian governing erning entity by the United States and the plish as well as how it differs from leg- entity; and State of Hawaii; and islation affecting Indian country. (vii) are consistent with applicable Federal (E) any residual responsibilities of the It is a little known fact that begin- law and the special political and legal rela- United States and the State of Hawaii. ning in 1910 and since that time, the

VerDate jul 14 2003 03:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.072 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S459 Congress has passed and the President governments and Indian tribal govern- local commissions to protect boxers, has signed into law over 160 Federal ments simply don’t apply in Hawaii. reducing the arbitrary practices of laws designed to address the conditions Our state government, both the Gov- sanctioning organizations, and enhanc- of Native Hawaiians. ernor and the state legislature of Ha- ing the uniformity and basic standards Thus, Federal laws which authorize waii, fully support enactment of this for professional boxing contracts. Most the provision of health care, education, measure. They will be at the table with importantly, this legislation would es- housing, and job training and employ- the United States and the Native Ha- tablish a Federal regulatory entity to ment services, as well as programs to waiian government to shape the rela- oversee professional boxing and set provide for the preservation of the Na- tionships amongst governments that basic uniform standards for certain as- tive Hawaiian language, Native lan- will best serve the needs and interests pects of the sport. guage immersion, Native cultural and not only of the Native Hawaiian com- Current Federal boxing law has im- grave protections and repatriation of munity but those of all of the citizens proved to some extent the state of pro- Native sacred objects have been in of Hawaii. fessional boxing. However, I remain place for decades. Mr. President, we have every con- concerned, as do many others, that the The Native Hawaiian programs do fidence that consistent with the Fed- sport remains at risk. Some State and not draw upon funding that is appro- eral policy of the last 35 years, the res- tribal boxing commissions still to this priated for American Indians or Alaska toration of the rights to self-deter- day do not comply with Federal boxing Natives—there are separate authoriza- mination and self-governance will en- law, and there is still a troubling lack tions for programs that are adminis- able the Native Hawaiian people, as the of enforcement of the law by both Fed- tered by different Federal agencies— direct, lineal descendants of the ab- eral and State officials. Indeed, profes- not the Bureau of Indian Affairs or the original, indigenous native people of sional boxing remains the only major Indian Health Service, for instance— what has become our nation’s fiftieth sport in the United States that does and the Native Hawaiian program state, to take their rightful place in not have a strong, centralized associa- funds are not drawn from the Interior the family of governments that makes tion, league, or other regulatory body Appropriations Subcommittee account. up our constitutional system of gov- to establish and enforce uniform rules Thus, they have no impact on the fund- ernance. and practices. Because a powerful few ing that is provided for the other indig- benefit greatly from the current sys- enous, native people of the United By Mr. MCCAIN (for himself, Mr. tem of patchwork compliance and en- States. STEVENS, and Mr. DORGAN): forcement of Federal boxing law, a na- However, unlike the native people re- S. 148. A bill to establish a United tional self-regulating organization— siding on the mainland, Native Hawai- States Boxing Commission to admin- though preferable to Federal govern- ians have not been able to exercise ister the Act, and for other purposes; to ment oversight—is not a realistic op- their rights as Native people to self-de- the Committee on Commerce, Science, tion. termination or self-governance because and Transportation. Ineffective and inconsistent over- their government was overthrown on Mr. MCCAIN. Mr. President, today I sight of professional boxing has con- January 17, 1893. am pleased to be joined by Senators tributed to the continuing scandals, This bill would provide a process for STEVENS and DORGAN in introducing controversies, unethical practices, and the reorganization of the Native Ha- the Professional Boxing Amendments unnecessary deaths in the sport. These waiian government and the resumption Act of 2005. This legislation is virtually problems have led many in professional of a political and legal relationship be- identical to a measure approved unani- boxing to conclude that the only solu- tween that government and the govern- mously by the Senate last year. I re- tion is an effective and accountable ment of the United States. main committed to moving the Profes- Federal boxing commission. The Pro- Because the Native Hawaiian govern- sional Boxing Amendments Act fessional Boxing Amendments Act ment is not an Indian tribe, the body of through the Senate and I trust that my would create such an entity. Federal Indian law that would other- colleagues will once again vote favor- This bill would establish the United wise customarily apply when the ably on this important legislation. States Boxing Commission (USBC or United States extends Federal recogni- Simply put, this legislation would bet- Commission). The Commission would tion to an Indian tribal group does not ter protect professional boxing from be responsible for protecting the apply. the fraud, corruption, and ineffective health, safety, and general interests of Thus, the bill provides authority for regulation that have plagued the sport professional boxers. The USBC would a process of negotiations amongst the for far too many years, and that have also be responsible for ensuring uni- United States, the State of Hawaii, and devastated physically and financially formity, fairness, and integrity in pro- the reorganized Native Hawaiian gov- many of our Nation’s professional box- fessional boxing. More specifically, the ernment to address such matters as the ers. Commission would administer Federal exercise of civil and criminal jurisdic- For almost a decade, Congress has boxing law and coordinate with other tion by the respective governments, made efforts to improve the sport of Federal regulatory agencies to ensure the transfer of land and natural re- professional boxing—and for very good that this law is enforced; oversee all sources and other assets, and the exer- reason. With rare exception, profes- professional boxing matches in the cise of governmental authority over sional boxers come from the lowest United States; and work with the box- those lands, natural resources and rung on our economic ladder. They are ing industry and local commissions to other assets. the least educated and most exploited improve the safety, integrity, and pro- Upon reaching agreement, the U.S. athletes in our Nation. The Profes- fessionalism of professional boxing in Congress and the legislature of State of sional Boxing Safety Act of 1996 and the United States. Hawaii would have to enact legislation the Muhammad Ali Boxing Reform Act The USBC would also license boxers, implementing the agreements of the of 2000 established uniform health and promoters, managers, and sanctioning three governments, including amend- safety standards for professional box- organizations. The Commission would ments that will necessarily have to be ers, as well as basic protections for have the authority to revoke such a li- made to existing Federal law, such as boxers against the sometimes coercive, cense for violations of Federal boxing the Hawaii Admissions Act and the Ha- exploitative, and unethical business law, to stop unethical or illegal con- waiian Homes Commission Act, and to practices of promoters, managers, and duct, to protect the health and safety State law, including amendments to sanctioning organizations. But further of a boxer, or if the revocation is other- the Hawaii State Constitution, before action is needed. wise in the public interest. any of the new governmental relation- The Professional Boxing Amend- It is important to state clearly and ships and authorities can take effect. ments Act would strengthen existing plainly for the record that the purpose That is why concerns which are pre- Federal boxing law by improving the of the USBC is not to interfere with mised on the manner in which Federal basic health and safety standards for the daily operations of State and tribal Indian law provides for the respective professional boxers, establishing a cen- boxing commissions. Instead, the Com- governmental authorities of the state tralized medical registry to be used by mission would work in consultation

VerDate jul 14 2003 04:59 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.097 S25PT1 S460 CONGRESSIONAL RECORD — SENATE January 25, 2005 with local commissions, and it would SEC. 3. DEFINITIONS. boxer’s participation in a professional boxing only exercise its authority when rea- (a) IN GENERAL.—Section 2 (15 U.S.C. 6301) match or series of boxing matches (including sonable grounds exist for such inter- is amended to read as follows: the right to sell, distribute, exhibit, or li- vention. In point of fact, the Profes- ‘‘SEC. 2. DEFINITIONS. cense the match or matches), with— ‘‘In this Act: ‘‘(A) the boxer who is to participate in the sional Boxing Amendments Act states match or matches; or explicitly that it would not prohibit ‘‘(1) COMMISSION.—The term ‘Commission’ means the United States Boxing Commis- ‘‘(B) the nominee of a boxer who is to par- any boxing commission from exercising sion. ticipate in the match or matches, or the any of its powers, duties, or functions ‘‘(2) BOUT AGREEMENT.—The term ‘bout nominee is an entity that is owned, con- with respect to the regulation or super- agreement’ means a contract between a pro- trolled or held in trust for the boxer unless vision of professional boxing to the ex- moter and a boxer that requires the boxer to that nominee or entity is a licensed pro- tent not inconsistent with the provi- participate in a professional boxing match moter who is conveying a portion of the sions of Federal boxing law. for a particular date. rights previously acquired. ‘‘(3) BOXER.—The term ‘boxer’ means an in- ‘‘(16) STATE.—The term ‘State’ means each Let there be no doubt, however, of of the 50 States, Puerto Rico, the District of the very basic and pressing need in pro- dividual who fights in a professional boxing match. Columbia, and any territory or possession of fessional boxing for a Federal boxing ‘‘(4) BOXING COMMISSION.—The term ‘boxing the United States, including the Virgin Is- commission. The establishment of the commission’ means an entity authorized lands. USBC would address that need. under State or tribal law to regulate profes- ‘‘(17) SANCTIONING ORGANIZATION.—The The problems that plague the sport sional boxing matches. term ‘sanctioning organization’ means an or- of professional boxing undermine the ‘‘(5) BOXER REGISTRY.—The term ‘boxer ganization, other than a boxing commission, credibility of the sport in the eyes of registry’ means any entity certified by the that sanctions professional boxing matches, Commission for the purposes of maintaining ranks professional boxers, or charges a sanc- the public—and more importantly— tioning fee for professional boxing matches compromise the safety of boxers. The records and identification of boxers. ‘‘(6) BOXING SERVICE PROVIDER.—The term in the United States— Professional Boxing Amendments Act ‘boxing service provider’ means a promoter, ‘‘(A) between boxers who are residents of provides an effective approach to curb- manager, sanctioning body, licensee, or different States; or ing these problems. I again urge my matchmaker. ‘‘(B) that are advertised, otherwise pro- colleagues to support this legislation. ‘‘(7) CONTRACT PROVISION.—The term ‘con- moted, or broadcast (including closed circuit I ask unanimous consent that the tract provision’ means any legal obligation television) in interstate commerce. text of this bill be printed in the between a boxer and a boxing service pro- ‘‘(18) SUSPENSION.—The term ‘suspension’ includes within its meaning the temporary RECORD. vider. ‘‘(8) INDIAN LANDS; INDIAN TRIBE.—The revocation of a boxing license. There being no objection, the text of ‘‘(19) TRIBAL ORGANIZATION.—The term the bill was ordered to be printed in terms ‘Indian lands’ and ‘Indian tribe’ have the meanings given those terms by para- ‘tribal organization’ has the same meaning the RECORD, as follows: graphs (4) and (5), respectively, of section 4 as in section 4(l) of the Indian Self-Deter- S. 148 of the Indian Gaming Regulatory Act (25 mination and Education Assistance Act (25 Be it enacted by the Senate and House of Rep- U.S.C. 2703). U.S.C. 450b(l)).’’. resentatives of the United States of America in ‘‘(9) LICENSEE.—The term ‘licensee’ means (b) CONFORMING AMENDMENT.—Section 21 Congress assembled, an individual who serves as a trainer, corner (15 U.S.C. 6312) is amended to read as follows: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. man, second, or cut man for a boxer. ‘‘SEC. 21. PROFESSIONAL BOXING MATCHES CON- DUCTED ON INDIAN LANDS. (a) SHORT TITLE.—This Act may be cited as ‘‘(10) MANAGER.—The term ‘manager’ ‘‘(a) IN GENERAL.—Notwithstanding any the ‘‘Professional Boxing Amendments Act means a person other than a promoter who, other provision of law, a tribal organization of 2005’’. under contract, agreement, or other arrange- may establish a boxing commission to regu- (b) TABLE OF CONTENTS.—The table of con- ment with a boxer, undertakes to control or late professional boxing matches held on In- tents for this Act is as follows: administer, directly or indirectly, a boxing- related matter on behalf of that boxer, in- dian land under the jurisdiction of that trib- Sec. 1. Short title; table of contents. cluding a person who is a booking agent for al organization. Sec. 2. Amendment of Professional Box- a boxer. ‘‘(b) STANDARDS AND LICENSING.—A tribal ing Safety Act of 1996. ‘‘(11) MATCHMAKER.—The term ‘match- organization that establishes a boxing com- Sec. 3. Definitions. mission shall, by tribal ordinance or resolu- Sec. 4. Purposes. maker’ means a person that proposes, se- lects, and arranges for boxers to participate tion, establish and provide for the implemen- Sec. 5. United States Boxing Commis- tation of health and safety standards, licens- sion approval, or ABC or com- in a professional boxing match. ‘‘(12) PHYSICIAN.—The term ‘physician’ ing requirements, and other requirements re- mission sanction, required for lating to the conduct of professional boxing matches. means a doctor of medicine legally author- ized to practice medicine by the State in matches that are at least as restrictive as— Sec. 6. Safety standards. ‘‘(1) the otherwise applicable requirements Sec. 7. Registration. which the physician performs such function of the State in which the Indian land on Sec. 8. Review. or action and who has training and experi- which the professional boxing match is held Sec. 9. Reporting. ence in dealing with sports injuries, particu- is located; or Sec. 10. Contract requirements. larly head trauma. ‘‘(2) the guidelines established by the Sec. 11. Coercive contracts. ‘‘(13) PROFESSIONAL BOXING MATCH.—The Sec. 12. Sanctioning organizations. term ‘professional boxing match’ means a United States Boxing Commission. Sec. 13. Required disclosures by sanc- boxing contest held in the United States be- ‘‘(c) APPLICATION OF ACT TO BOXING tioning organizations. tween individuals for financial compensa- MATCHES ON TRIBAL LANDS.—The provisions Sec. 14. Required disclosures by pro- tion. The term ‘professional boxing match’ of this Act apply to professional boxing moters and broadcasters. does not include a boxing contest that is reg- matches held on tribal lands to the same ex- Sec. 15. Judges and referees. ulated by a duly recognized amateur sports tent and in the same way as they apply to Sec. 16. Medical registry. organization, as approved by the Commis- professional boxing matches held in any Sec. 17. Conflicts of interest. sion. State.’’. Sec. 18. Enforcement. ‘‘(14) PROMOTER.—The term ‘promoter’— SEC. 4. PURPOSES. Sec. 19. Repeal of deadwood. ‘‘(A) means the person primarily respon- Section 3(2) (15 U.S.C. 6302(2)) is amended Sec. 20. Recognition of tribal law. sible for organizing, promoting, and pro- by striking ‘‘State’’. Sec. 21. Establishment of United States ducing a professional boxing match; but SEC. 5. UNITED STATES BOXING COMMISSION AP- Boxing Commission. ‘‘(B) does not include a hotel, casino, re- PROVAL, OR ABC OR COMMISSION Sec. 22. Study and report on definition sort, or other commercial establishment SANCTION, REQUIRED FOR of promoter. hosting or sponsoring a professional boxing MATCHES. Sec. 23. Effective date. match unless— (a) IN GENERAL.—Section 4 (15 U.S.C. 6303) SEC. 2. AMENDMENT OF PROFESSIONAL BOXING ‘‘(i) the hotel, casino, resort, or other com- is amended to read as follows: SAFETY ACT OF 1996. mercial establishment is primarily respon- ‘‘SEC. 4. APPROVAL OR SANCTION REQUIREMENT. Except as otherwise expressly provided, sible for organizing, promoting, and pro- ‘‘(a) IN GENERAL.—No person may arrange, whenever in this title an amendment or re- ducing the match; and promote, organize, produce, or fight in a pro- peal is expressed in terms of an amendment ‘‘(ii) there is no other person primarily re- fessional boxing match within the United to, or repeal of, a section or other provision, sponsible for organizing, promoting, and pro- States unless the match— the reference shall be considered to be made ducing the match. ‘‘(1) is approved by the Commission; and to a section or other provision of the Profes- ‘‘(15) PROMOTIONAL AGREEMENT.—The term ‘‘(2) is held in a State, or on tribal land of sional Boxing Safety Act of 1996 (15 U.S.C. ‘promotional agreement’ means a contract, a tribal organization, that regulates profes- 6301 et seq.). for the acquisition of rights relating to a sional boxing matches in accordance with

VerDate jul 14 2003 03:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.091 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S461 standards and criteria established by the (1) by striking ‘‘that, except as provided in ‘‘(1) post a copy, within 7 days after the Commission. subsection (b), no’’ in subsection (a)(2) and change, on its Internet website or home ‘‘(b) APPROVAL PRESUMED.— inserting ‘‘that no’’; page, if any, including an explanation of the ‘‘(1) IN GENERAL.—For purposes of sub- (2) by striking paragraphs (3) and (4) of change, for a period of not less than 30 days; section (a), the Commission shall be pre- subsection (a) and inserting the following: ‘‘(2) provide a copy of the rating change sumed to have approved any match other ‘‘(3) Procedures to review a summary sus- and a thorough explanation in writing under than— pension when a hearing before the boxing penalty of perjury to the boxer and the Com- ‘‘(A) a match with respect to which the commission is requested by a boxer, licensee, mission; Commission has been informed of an alleged manager, matchmaker, promoter, or other ‘‘(3) provide the boxer an opportunity to violation of this Act and with respect to boxing service provider which provides an appeal the ratings change to the sanctioning which it has notified the supervising boxing opportunity for that person to present evi- organization; and commission that it does not approve; dence.’’; ‘‘(4) apply the objective criteria for ratings ‘‘(B) a match advertised to the public as a (3) by striking subsection (b); and required under subsection (a) in considering championship match; (4) by striking ‘‘(a) PROCEDURES.—’’. any such appeal. ‘‘(C) a match scheduled for 10 rounds or SEC. 9. REPORTING. ‘‘(c) CHALLENGE OF RATING.—If, after dis- more; or Section 8 (15 U.S.C. 6307) is amended— posing with an appeal under subsection ‘‘(D) a match in which 1 of the boxers has— (1) by striking ‘‘48 business hours’’ and in- (b)(3), a sanctioning organization receives a ‘‘(i) suffered 10 consecutive defeats in pro- serting ‘‘2 business days’’; petition from a boxer challenging that orga- fessional boxing matches; or (2) by striking ‘‘bxoing’’ and inserting nization’s rating of the boxer, it shall (ex- ‘‘(ii) has been knocked out 5 consecutive ‘‘boxing’’; and cept to the extent otherwise required by the times in professional boxing matches. (3) by striking ‘‘each boxer registry.’’ and Commission), within 7 days after receiving ‘‘(2) DELEGATION OF APPROVAL AUTHORITY.— inserting ‘‘the Commission.’’. the petition— Notwithstanding paragraph (1), the Commis- ‘‘(1) provide to the boxer a written expla- sion shall be presumed to have approved a SEC. 10. CONTRACT REQUIREMENTS. Section 9 (15 U.S.C. 6307a) is amended to nation under penalty of perjury of the orga- match described in subparagraph (B), (C), or read as follows: nization’s rating criteria, its rating of the (D) of paragraph (1) if— boxer, and the rationale or basis for its rat- ‘‘SEC. 9. CONTRACT REQUIREMENTS. ‘‘(A) the Commission has delegated its ap- ing (including a response to any specific ‘‘(a) IN GENERAL.—The Commission, in con- proval authority with respect to that match questions submitted by the boxer); and sultation with the Association of Boxing to a boxing commission; and ‘‘(2) submit a copy of its explanation to the Commissions, shall develop guidelines for ‘‘(B) the boxing commission has approved Association of Boxing Commissions and the minimum contractual provisions that shall the match. Commission for their review.’’. be included in each bout agreement, boxer- ‘‘(3) KNOCKED-OUT DEFINED.—Except as may (b) CONFORMING AMENDMENTS.—Section be otherwise provided by the Commission by manager contract, and promotional agree- 18(e) (15 U.S.C. 6309(e)) is amended— ment. Each boxing commission shall ensure rule, in paragraph (1)(D)(ii), the term (1) by striking ‘‘FEDERAL TRADE COMMIS- that these minimal contractual provisions ‘knocked out’ means knocked down and un- SION,’’ in the subsection heading and insert- are present in any such agreement or con- able to continue after a count of 10 by the ing ‘‘UNITED STATES BOXING COMMISSION’’; referee or stopped from continuing because tract submitted to it. and ‘‘(b) FILING AND APPROVAL REQUIRE- of a technical knockout.’’. (2) by striking ‘‘Federal Trade Commis- MENTS.— (b) CONFORMING AMENDMENT.—Section 19 sion,’’ in paragraph (1) and inserting ‘‘United ‘‘(1) COMMISSION.—A manager or promoter (15 U.S.C. 6310) is repealed. States Boxing Commission,’’. SEC. 6. SAFETY STANDARDS. shall submit a copy of each boxer-manager contract and each promotional agreement SEC. 13. REQUIRED DISCLOSURES BY SANC- Section 5 (15 U.S.C. 6304) is amended— TIONING ORGANIZATIONS. (1) by striking ‘‘requirements or an alter- between that manager or promoter and a Section 12 (15 U.S.C. 6307d) is amended— native requirement in effect under regula- boxer to the Commission, and, if requested, (1) by striking the matter preceding para- tions of a boxing commission that provides to the boxing commission with jurisdiction graph (1) and inserting ‘‘Within 7 days after equivalent protection of the health and safe- over the bout. a professional boxing match of 10 rounds or ty of boxers:’’ and inserting ‘‘requirements:’’; ‘‘(2) BOXING COMMISSION.—A boxing com- more, the sanctioning organization, if any, (2) by adding at the end of paragraph (1) mission may not approve a professional box- for that match shall provide to the Commis- ‘‘The examination shall include testing for ing match unless a copy of the bout agree- sion, and, if requested, to the boxing com- infectious diseases in accordance with stand- ment related to that match has been filed mission in the State or on Indian land re- ards established by the Commission.’’; with it and approved by it. sponsible for regulating the match, a written ‘‘(c) BOND OR OTHER SURETY.—A boxing (3) by striking paragraph (2) and inserting statement of—’’; commission may not approve a professional the following: (2) by striking ‘‘will assess’’ in paragraph boxing match unless the promoter of that ‘‘(2) An ambulance continuously present on (1) and inserting ‘‘has assessed, or will as- match has posted a surety bond, cashier’s site.’’; sess,’’; and check, letter of credit, cash, or other secu- (4) by redesignating paragraphs (3) and (4) (3) by striking ‘‘will receive’’ in paragraph rity with the boxing commission in an as paragraphs (4) and (5), respectively, and (2) and inserting ‘‘has received, or will re- amount acceptable to the boxing commis- inserting after paragraph (2) the following: ceive,’’. sion.’’. ‘‘(3) Emergency medical personnel with ap- SEC. 14. REQUIRED DISCLOSURES BY PRO- propriate resuscitation equipment continu- SEC. 11. COERCIVE CONTRACTS. MOTERS AND BROADCASTERS. ously present on site.’’; and Section 10 (15 U.S.C. 6307b) is amended— Section 13 (15 U.S.C. 6307e) is amended— (5) by striking ‘‘match.’’ in paragraph (5), (1) by striking paragraph (3) of subsection (1) by striking ‘‘PROMOTERS.’’ in the sec- as redesignated, and inserting ‘‘match in an (a); tion caption and inserting ‘‘PROMOTERS amount prescribed by the Commission.’’. (2) by inserting ‘‘OR ELIMINATION’’ after AND BROADCASTERS.’’; SEC. 7. REGISTRATION. ‘‘MANDATORY’’ in the heading of subsection (2) by striking so much of subsection (a) as Section 6 (15 U.S.C. 6305) is amended— (b); and precedes paragraph (1) and inserting the fol- (1) by inserting ‘‘or Indian tribe’’ after (3) by inserting ‘‘or elimination’’ after lowing: ‘‘State’’ the second place it appears in sub- ‘‘mandatory’’ in subsection (b). ‘‘(a) DISCLOSURES TO BOXING COMMISSIONS section (a)(2); SEC. 12. SANCTIONING ORGANIZATIONS. AND THE COMMISSION.—Within 7 days after a (2) by striking the first sentence of sub- (a) IN GENERAL.—Section 11 (15 U.S.C. professional boxing match of 10 rounds or section (c) and inserting ‘‘A boxing commis- 6307c) is amended to read as follows: more, the promoter of any boxer partici- sion shall, in accordance with requirements ‘‘SEC. 11. SANCTIONING ORGANIZATIONS. pating in that match shall provide to the established by the Commission, make a ‘‘(a) OBJECTIVE CRITERIA.—Within 1 year Commission, and, if requested, to the boxing health and safety disclosure to a boxer when after the date of enactment of the Profes- commission in the State or on Indian land issuing an identification card to that sional Boxing Amendments Act of 2005, the responsible for regulating the match—’’; boxer.’’; Commission shall develop guidelines for ob- (3) by striking ‘‘writing,’’ in subsection (3) by striking ‘‘should’’ in the second sen- jective and consistent written criteria for (a)(1) and inserting ‘‘writing, other than a tence of subsection (c) and inserting ‘‘shall, the rating of professional boxers based on bout agreement previously provided to the at a minimum,’’; and the athletic merits and professional record commission,’’; (4) by adding at the end the following: of the boxers. Within 90 days after the Com- (4) by striking ‘‘all fees, charges, and ex- ‘‘(d) COPY OF REGISTRATION AND IDENTIFICA- mission’s promulgation of the guidelines, penses that will be’’ in subsection (a)(3)(A) TION CARDS TO BE SENT TO COMMISSION.—A each sanctioning organization shall adopt and inserting ‘‘a written statement of all boxing commission shall furnish a copy of the guidelines and follow them. fees, charges, and expenses that have been, each registration received under subsection ‘‘(b) NOTIFICATION OF CHANGE IN RATING.—A or will be,’’; (a), and each identification card issued under sanctioning organization shall, with respect (5) by inserting ‘‘a written statement of’’ subsection (b), to the Commission.’’. to a change in the rating of a boxer pre- before ‘‘all’’ in subsection (a)(3)(B); SEC. 8. REVIEW. viously rated by such organization in the top (6) by inserting ‘‘a statement of’’ before Section 7 (15 U.S.C. 6306) is amended— 10 boxers— ‘‘any’’ in subsection (a)(3)(C);

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(7) by striking the matter in subsection (b) ‘‘(d) ASSIGNMENT OF NONRESIDENT JUDGES SEC. 19. REPEAL OF DEADWOOD. following ‘‘BOXER.—’’ and preceding para- AND REFEREES.—A boxing commission may Section 20 (15 U.S.C. 6311) is repealed. graph (1) and inserting ‘‘Within 7 days after assign judges and referees who reside outside SEC. 20. RECOGNITION OF TRIBAL LAW. a professional boxing match of 10 rounds or that commission’s State or Indian land. Section 22 (15 U.S.C. 6313) is amended— more, the promoter of the match shall pro- ‘‘(e) REQUIRED DISCLOSURE.—A judge or ref- (1) by insert ‘‘OR TRIBAL’’ in the section vide to each boxer participating in the bout eree shall provide to the boxing commission heading after ‘‘STATE’’; and or match with whom the promoter has a responsible for regulating a professional box- (2) by inserting ‘‘or Indian tribe’’ after bout or promotional agreement a statement ing match in a State or on Indian land a ‘‘State’’. of—’’; statement of all consideration, including re- SEC. 21. ESTABLISHMENT OF UNITED STATES (8) by striking ‘‘match;’’ in subsection imbursement for expenses, that the judge or BOXING COMMISSION. (b)(1) and inserting ‘‘match, and that the referee has received, or will receive, from (a) IN GENERAL.—The Act is amended by promoter has paid, or agreed to pay, to any any source for participation in the match. If adding at the end the following: other person in connection with the match;’’; the match is scheduled for 10 rounds or more, and the judge or referee shall also provide such a ‘‘TITLE II—UNITED STATES BOXING (9) by adding at the end the following: statement to the Commission.’’. COMMISSION ‘‘(d) REQUIRED DISCLOSURES BY BROAD- (b) CONFORMING AMENDMENT.—Section 14 ‘‘SEC. 201. PURPOSE. CASTERS.— (15 U.S.C. 6307f) is repealed. ‘‘The purpose of this title is to protect the ‘‘(1) IN GENERAL.—A broadcaster that owns SEC. 16. MEDICAL REGISTRY. health, safety, and welfare of boxers and to the television broadcast rights for a profes- The Act is amended by inserting after sec- ensure fairness in the sport of professional sional boxing match of 10 rounds or more tion 13 (15 U.S.C. 6307e) the following: boxing. shall, within 7 days after that match, pro- ‘‘SEC. 14. MEDICAL REGISTRY. ‘‘SEC. 202. UNITED STATES BOXING COMMISSION. vide to the Commission— ‘‘(a) IN GENERAL.—The Commission shall ‘‘(a) IN GENERAL.—The United States Box- ‘‘(A) a statement of any advance, guar- establish and maintain, or certify a third ing Commission is established as a commis- antee, or license fee paid or owed by the party entity to establish and maintain, a sion within the Department of Commerce. broadcaster to a promoter in connection medical registry that contains comprehen- ‘‘(b) MEMBERS.— with that match; sive medical records and medical denials or ‘‘(1) IN GENERAL.—The Commission shall ‘‘(B) a copy of any contract executed by or suspensions for every licensed boxer. consist of 3 members appointed by the Presi- on behalf of the broadcaster with— ‘‘(b) CONTENT; SUBMISSION.—The Commis- dent, by and with the advice and consent of ‘‘(i) a boxer who participated in that sion shall determine— the Senate. match; or ‘‘(1) the nature of medical records and med- ‘‘(2) QUALIFICATIONS.— ‘‘(ii) the boxer’s manager, promoter, pro- ical suspensions of a boxer that are to be for- ‘‘(A) IN GENERAL.—Each member of the motional company, or other representative warded to the medical registry; and Commission shall be a citizen of the United or the owner or representative of the site of ‘‘(2) the time within which the medical States who— the match; and records and medical suspensions are to be ‘‘(i) has extensive experience in profes- ‘‘(C) a list identifying sources of income re- submitted to the medical registry. sional boxing activities or in a field directly ceived from the broadcast of the match. ‘‘(c) CONFIDENTIALITY.—The Commission related to professional sports; ‘‘(2) COPY TO BOXING COMMISSION.—Upon re- shall establish confidentiality standards for ‘‘(ii) is of outstanding character and recog- quest from the boxing commission in the the disclosure of personally identifiable in- nized integrity; and State or Indian land responsible for regu- formation to boxing commissions that will— ‘‘(iii) is selected on the basis of training, lating a match to which paragraph (1) ap- ‘‘(1) protect the health and safety of boxers experience, and qualifications and without plies, a broadcaster shall provide the infor- by making relevant information available to regard to political party affiliation. mation described in paragraph (1) to that the boxing commissions for use but not pub- ‘‘(B) SPECIFIC QUALIFICATIONS FOR CERTAIN boxing commission. lic disclosure; and MEMBERS.—At least 1 member of the Com- ‘‘(3) CONFIDENTIALITY.—The information ‘‘(2) ensure that the privacy of the boxers mission shall be a former member of a local provided to the Commission or to a boxing is protected.’’. boxing authority. If practicable, at least 1 commission pursuant to this subsection shall SEC. 17. CONFLICTS OF INTEREST. member of the Commission shall be a physi- be confidential and not revealed by the Com- Section 17 (15 U.S.C. 6308) is amended— cian or other health care professional duly mission or a boxing commission, except that (1) by striking ‘‘enforces State boxing licensed as such. the Commission may publish an analysis of laws,’’ in subsection (a) and inserting ‘‘im- ‘‘(C) DISINTERESTED PERSONS.—No member the data in aggregate form or in a manner plements State or tribal boxing laws, no offi- of the Commission may, while serving as a which does not disclose confidential informa- cer or employee of the Commission,’’; member of the Commission— tion about identifiable broadcasters. (2) by striking ‘‘belong to,’’ and inserting ‘‘(i) be engaged as a professional boxer, ‘‘(4) TELEVISION BROADCAST RIGHTS.—In ‘‘hold office in,’’ in subsection (a); boxing promoter, agent, fight manager, paragraph (1), the term ‘television broadcast (3) by striking the last sentence of sub- matchmaker, referee, judge, or in any other rights’ means the right to broadcast the section (a); capacity in the conduct of the business of match, or any part thereof, via a broadcast (4) by striking subsection (b) and inserting professional boxing; station, cable service, or multichannel video the following: ‘‘(ii) have any pecuniary interest in the programming distributor as such terms are ‘‘(b) BOXERS.—A boxer may not own or con- earnings of any boxer or the proceeds or out- defined in section 3(5), 602(6), and 602(13) of trol, directly or indirectly, an entity that come of any boxing match; or the Communications Act of 1934 (47 U.S.C. promotes the boxer’s bouts if that entity is ‘‘(iii) serve as a member of a boxing com- 153(5), 602(6), and 602(13), respectively).’’. responsible for— mission. SEC. 15. JUDGES AND REFEREES. ‘‘(1) executing a bout agreement or pro- ‘‘(3) BIPARTISAN MEMBERSHIP.—Not more (a) IN GENERAL.—Section 16 (15 U.S.C. motional agreement with the boxer’s oppo- than 2 members of the Commission may be 6307h) is amended— nent; or members of the same political party. (1) by inserting ‘‘(a) LICENSING AND ASSIGN- ‘‘(2) providing any payment or other com- ‘‘(4) GEOGRAPHIC BALANCE.—Not more than MENT REQUIREMENT.—’’ before ‘‘No person’’; pensation to— 2 members of the Commission may be resi- (2) by striking ‘‘certified and approved’’ ‘‘(A) the boxer’s opponent for participation dents of the same geographic region of the and inserting ‘‘selected’’; in a bout with the boxer; United States when appointed to the Com- (3) by inserting ‘‘or Indian lands’’ after ‘‘(B) the boxing commission that will regu- mission. For purposes of the preceding sen- ‘‘State’’; and late the bout; or tence, the area of the United States east of (4) by adding at the end the following: ‘‘(C) ring officials who officiate at the the Mississippi River is a geographic region, ‘‘(b) CHAMPIONSHIP AND 10-ROUND BOUTS.— bout.’’. and the area of the United States west of the In addition to the requirements of subsection (a), no person may arrange, promote, orga- SEC. 18. ENFORCEMENT. Mississippi River is a geographic region. nize, produce, or fight in a professional box- Section 18 (15 U.S.C. 6309) is amended— ‘‘(5) TERMS.— ing match advertised to the public as a (1) by striking ‘‘(a) INJUNCTIONS.—’’ in sub- ‘‘(A) IN GENERAL.—The term of a member championship match or in a professional section (a) and inserting ‘‘(a) ACTIONS BY AT- of the Commission shall be 3 years. boxing match scheduled for 10 rounds or TORNEY GENERAL.—’’; ‘‘(B) REAPPOINTMENT.—Members of the more unless all referees and judges partici- (2) by inserting ‘‘any officer or employee of Commission may be reappointed to the Com- pating in the match have been licensed by the Commission,’’ after ‘‘laws,’’ in sub- mission. the Commission. section (b)(3); ‘‘(C) MIDTERM VACANCIES.—A member of ‘‘(c) ROLE OF SANCTIONING ORGANIZATION.— (3) by inserting ‘‘has engaged in or’’ after the Commission appointed to fill a vacancy A sanctioning organization may provide a ‘‘organization’’ in subsection (c); in the Commission occurring before the expi- list of judges and referees deemed qualified (4) by striking ‘‘subsection (b)’’ in sub- ration of the term for which the member’s by that organization to a boxing commis- section (c)(3) and inserting ‘‘subsection (b), a predecessor was appointed shall be appointed sion, but the boxing commission shall select, civil penalty, or’’; and for the remainder of that unexpired term. license, and appoint the judges and referees (5) by striking ‘‘boxer’’ in subsection (d) ‘‘(D) CONTINUATION PENDING REPLACE- participating in the match. and inserting ‘‘person’’. MENT.—A member of the Commission may

VerDate jul 14 2003 03:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.074 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S463 serve after the expiration of that member’s mission in any judicial proceeding under this Commission may set, charge, and adjust term until a successor has taken office. Act), the chief law enforcement officer of the varying fees on the basis of classifications of ‘‘(6) REMOVAL.—A member of the Commis- several States, and other appropriate officers persons, functions, and events determined sion may be removed by the President only and agencies of Federal, State, and local appropriate by the Commission. for cause. government, that Federal and State laws ap- ‘‘(2) LIMITATIONS.—In setting and charging ‘‘(c) EXECUTIVE DIRECTOR.— plicable to professional boxing matches in fees under paragraph (1), the Commission ‘‘(1) IN GENERAL.—The Commission shall the United States are vigorously, effectively, shall ensure that, to the maximum extent employ an Executive Director to perform the and fairly enforced; practicable— administrative functions of the Commission ‘‘(6) review boxing commission regulations ‘‘(A) club boxing is not adversely effected; under this Act, and such other functions and for professional boxing and provide assist- ‘‘(B) sanctioning organizations and pro- duties of the Commission as the Commission ance to such authorities in meeting min- moters pay comparatively the largest por- shall specify. imum standards prescribed by the Commis- tion of the fees; and ‘‘(2) DISCHARGE OF FUNCTIONS.—Subject to sion under this title; ‘‘(C) boxers pay as small a portion of the the authority, direction, and control of the ‘‘(7) serve as the coordinating body for all fees as is possible. Commission the Executive Director shall efforts in the United States to establish and ‘‘(3) COLLECTION.—Fees established under carry out the functions and duties of the maintain uniform minimum health and safe- this subsection may be collected through Commission under this Act. ty standards for professional boxing; boxing commissions or by any other means ‘‘(d) GENERAL COUNSEL.—The Commission ‘‘(8) if the Commission determines it to be determined appropriate by the Commission. shall employ a General Counsel to provide appropriate, publish a newspaper, magazine, ‘‘SEC. 205. NATIONAL REGISTRY OF BOXING PER- legal counsel and advice to the Executive Di- or other publication and establish and main- SONNEL. rector and the Commission in the perform- tain a website consistent with the purposes ‘‘(a) REQUIREMENT FOR REGISTRY.—The ance of its functions under this Act, and to of the Commission; Commission shall establish and maintain (or carry out such other functions and duties as ‘‘(9) procure the temporary and intermit- authorize a third party to establish and the Commission shall specify. tent services of experts and consultants to maintain) a unified national computerized ‘‘(e) STAFF.—The Commission shall employ the extent authorized by section 3109(b) of registry for the collection, storage, and re- such additional staff as the Commission con- title 5, United States Code, at rates the Com- trieval of information related to the per- siders appropriate to assist the Executive Di- mission determines to be reasonable; and formance of its duties. rector and the General Counsel in carrying ‘‘(b) CONTENTS.—The information in the ‘‘(10) promulgate rules, regulations, and out the functions and duties of the Commis- registry shall include the following: guidance, and take any other action nec- sion under this Act. ‘‘(1) BOXERS.—A list of professional boxers essary and proper to accomplish the purposes ‘‘(f) COMPENSATION.— and data in the medical registry established of, and consistent with, the provisions of this ‘‘(1) MEMBERS OF COMMISSION.— under section 114 of this Act, which the Com- title. ‘‘(A) IN GENERAL.—Each member of the mission shall secure from disclosure in ac- ‘‘(c) PROHIBITIONS.—The Commission may Commission shall be compensated at a rate cordance with the confidentiality require- not— equal to the daily equivalent of the annual ments of section 114(c). ‘‘(1) promote boxing events or rank profes- rate of basic pay prescribed for level IV of ‘‘(2) OTHER PERSONNEL.—Information (per- sional boxers; or the Executive Schedule under section 5315 of tinent to the sport of professional boxing) on ‘‘(2) provide technical assistance to, or au- title 5, United States Code, for each day (in- boxing promoters, boxing matchmakers, box- thorize the use of the name of the Commis- cluding travel time) during which such mem- ing managers, trainers, cut men, referees, sion by, boxing commissions that do not ber is engaged in the performance of the du- boxing judges, physicians, and any other per- comply with requirements of the Commis- ties of the Commission. sonnel determined by the Commission as per- sion. ‘‘(B) TRAVEL EXPENSES.—The members of forming a professional activity for profes- ‘‘(d) USE OF NAME.—The Commission shall sional boxing matches. the Commission shall be allowed travel ex- have the exclusive right to use the name penses, including per diem in lieu of subsist- ‘United States Boxing Commission’. Any per- ‘‘SEC. 206. CONSULTATION REQUIREMENTS. ence, at rates authorized for employees of son who, without the permission of the Com- ‘‘The Commission shall consult with the agencies under subchapter I of chapter 57 of mission, uses that name or any other exclu- Association of Boxing Commissions— title 5, United States Code, while away from sive name, trademark, emblem, symbol, or ‘‘(1) before prescribing any regulation or their homes or regular places of business in insignia of the Commission for the purpose establishing any standard under the provi- the performance of services for the Commis- of inducing the sale or exchange of any goods sions of this title; and sion. or services, or to promote any exhibition, ‘‘(2) not less than once each year regarding ‘‘(2) EXECUTIVE DIRECTOR AND STAFF.—The performance, or sporting event, shall be sub- matters relating to professional boxing. Commission shall fix the compensation of ject to suit in a civil action by the Commis- ‘‘SEC. 207. MISCONDUCT. the Executive Director, the General Counsel, sion for the remedies provided in the Act of ‘‘(a) SUSPENSION AND REVOCATION OF LI- and other personnel of the Commission. The July 5, 1946 (commonly known as the ‘Trade- CENSE OR REGISTRATION.— rate of pay for the Executive Director, the mark Act of 1946’; 15 U.S.C. 1051 et seq.). ‘‘(1) AUTHORITY.—The Commission may, General Counsel, and other personnel may ‘‘SEC. 204. LICENSING AND REGISTRATION OF after notice and opportunity for a hearing, not exceed the rate payable for level V of the BOXING PERSONNEL. suspend or revoke any license issued under Executive Schedule under section 5316 of ‘‘(a) LICENSING.— this title if the Commission finds that— title 5, United States Code. ‘‘(1) REQUIREMENT FOR LICENSE.—No person ‘‘(A) the license holder has violated any ‘‘SEC. 203. FUNCTIONS. may compete in a professional boxing match provision of this Act; ‘‘(a) PRIMARY FUNCTIONS.—The primary or serve as a boxing manager, boxing pro- ‘‘(B) there are reasonable grounds for belief functions of the Commission are— moter, or sanctioning organization for a pro- that a standard prescribed by the Commis- ‘‘(1) to protect the health, safety, and gen- fessional boxing match except as provided in sion under this title is not being met, or that eral interests of boxers consistent with the a license granted to that person under this bribery, collusion, intentional losing, rack- provisions of this Act; and subsection. eteering, extortion, or the use of unlawful ‘‘(2) to ensure uniformity, fairness, and in- ‘‘(2) APPLICATION AND TERM.— threats, coercion, or intimidation have oc- tegrity in professional boxing. ‘‘(A) IN GENERAL.—The Commission shall— curred in connection with a license; or ‘‘(b) SPECIFIC FUNCTIONS.—The Commission ‘‘(i) establish application procedures, ‘‘(C) the suspension or revocation is nec- shall— forms, and fees; essary for the protection of health and safety ‘‘(1) administer title I of this Act; ‘‘(ii) establish and publish appropriate or is otherwise in the public interest. ‘‘(2) promulgate uniform standards for pro- standards for licenses granted under this sec- ‘‘(2) PERIOD OF SUSPENSION.— fessional boxing in consultation with the As- tion; and ‘‘(A) IN GENERAL.—A suspension of a li- sociation of Boxing Commissions; ‘‘(iii) issue a license to any person who, as cense under this section shall be effective for ‘‘(3) except as otherwise determined by the determined by the Commission, meets the a period determined appropriate by the Com- Commission, oversee all professional boxing standards established by the Commission mission except as provided in subparagraph matches in the United States; under this title. (B). ‘‘(4) work with the boxing commissions of ‘‘(B) DURATION.—A license issued under ‘‘(B) SUSPENSION FOR MEDICAL REASONS.—In the several States and tribal organizations— this section shall be for a renewable— the case of a suspension or denial of the li- ‘‘(A) to improve the safety, integrity, and ‘‘(i) 4-year term for a boxer; and cense of a boxer for medical reasons by the professionalism of professional boxing in the ‘‘(ii) 2-year term for any other person. Commission, the Commission may terminate United States; ‘‘(C) PROCEDURE.—The Commission may the suspension or denial at any time that a ‘‘(B) to enhance physical, medical, finan- issue a license under this paragraph through physician certifies that the boxer is fit to cial, and other safeguards established for the boxing commissions or in a manner deter- participate in a professional boxing match. protection of professional boxers; and mined by the Commission. The Commission shall prescribe the stand- ‘‘(C) to improve the status and standards of ‘‘(b) LICENSING FEES.— ards and procedures for accepting certifi- professional boxing in the United States; ‘‘(1) AUTHORITY.—The Commission may cations under this subparagraph. ‘‘(5) ensure, in cooperation with the Attor- prescribe and charge reasonable fees for the ‘‘(3) PERIOD OF REVOCATION.—In the case of ney General (who shall represent the Com- licensing of persons under this title. The a revocation of the license of a boxer, the

VerDate jul 14 2003 03:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.074 S25PT1 S464 CONGRESSIONAL RECORD — SENATE January 25, 2005 revocation shall be for a period of not less incrimination, to testify or produce evi- ‘‘(2) an overview of the licensing and en- than 1 year. dence, documentary or otherwise, except forcement activities of the State and tribal ‘‘(b) INVESTIGATIONS AND INJUNCTIONS.— that the individual so testifying shall not be organization boxing commissions. ‘‘(1) AUTHORITY.—The Commission may— exempt from prosecution and punishment for ‘‘(b) PUBLIC REPORT.—The Commission ‘‘(A) conduct any investigation that it con- perjury committed in so testifying. shall annually issue and publicize a report of siders necessary to determine whether any ‘‘(5) INJUNCTIVE RELIEF.—If the Commission the Commission on the progress made at person has violated, or is about to violate, determines that any person is engaged or Federal and State levels and on Indian lands any provision of this Act or any regulation about to engage in any act or practice that in the reform of professional boxing, which prescribed under this Act; constitutes a violation of any provision of shall include comments on issues of con- ‘‘(B) require or permit any person to file this Act, or of any regulation prescribed tinuing concern to the Commission. with it a statement in writing, under oath or under this Act, the Commission may bring ‘‘(c) FIRST ANNUAL REPORT ON THE COMMIS- otherwise as the Commission shall deter- an action in the appropriate district court of SION.—The first annual report under this mine, as to all the facts and circumstances the United States, the United States District title shall be submitted not later than 2 concerning the matter to be investigated; Court for the District of Columbia, or the years after the effective date of this title. ‘‘(C) in its discretion, publish information United States courts of any territory or ‘‘SEC. 211. INITIAL IMPLEMENTATION. concerning any violations; and other place subject to the jurisdiction of the ‘‘(a) TEMPORARY EXEMPTION.—The require- ‘‘(D) investigate any facts, conditions, United States, to enjoin the act or practice, ments for licensing under this title do not practices, or matters to aid in the enforce- and upon a proper showing, the court shall apply to a person for the performance of an ment of the provisions of this Act, in the grant without bond a permanent or tem- activity as a boxer, boxing judge, or referee, prescribing of regulations under this Act, or porary injunction or restraining order. or the performance of any other professional in securing information to serve as a basis ‘‘(6) MANDAMUS.—Upon application of the activity in relation to a professional boxing for recommending legislation concerning the Commission, the district courts of the match, if the person is licensed by a boxing matters to which this Act relates. United States, the United States District commission to perform that activity as of ‘‘(2) POWERS.— Court for the District of Columbia, and the the effective date of this title. ‘‘(A) IN GENERAL.—For the purpose of any United States courts of any territory or ‘‘(b) EXPIRATION.—The exemption under investigation under paragraph (1) or any other place subject to the jurisdiction of the other proceeding under this title— subsection (a) with respect to a license United States, shall have jurisdiction to issued by a boxing commission expires on the ‘‘(i) any officer designated by the Commis- issue writs of mandamus commanding any sion may administer oaths and affirmations, earlier of— person to comply with the provisions of this subpena or otherwise compel the attendance ‘‘(1) the date on which the license expires; Act or any order of the Commission. or of witnesses, take evidence, and require the ‘‘(c) INTERVENTION IN CIVIL ACTIONS.— production of any books, papers, correspond- ‘‘(2) the date that is 2 years after the date ‘‘(1) IN GENERAL.—The Commission, on be- ence, memoranda, or other records the Com- of the enactment of the Professional Boxing half of the public interest, may intervene of Amendments Act of 2005. mission considers relevant or material to the right as provided under rule 24(a) of the Fed- ‘‘SEC. 212. AUTHORIZATION OF APPROPRIATIONS. inquiry; and eral Rules of Civil Procedure in any civil ac- ‘‘(a) IN GENERAL.—There are authorized to ‘‘(ii) the provisions of sections 6002 and 6004 tion relating to professional boxing filed in a be appropriated for the Commission for each of title 18, United States Code, shall apply. district court of the United States. ‘‘(B) WITNESSES AND EVIDENCE.—The at- fiscal year such sums as may be necessary ‘‘(2) AMICUS FILING.—The Commission may tendance of witnesses and the production of for the Commission to perform its functions file a brief in any action filed in a court of any documents under subparagraph (A) may for that fiscal year. the United States on behalf of the public in- be required from any place in the United ‘‘(b) RECEIPTS CREDITED AS OFFSETTING terest in any case relating to professional States, including Indian land, at any des- COLLECTIONS.—Notwithstanding section 3302 boxing. ignated place of hearing. of title 31, United States Code, any fee col- ‘‘(d) HEARINGS BY COMMISSION.—Hearings ‘‘(3) ENFORCEMENT OF SUBPOENAS.— conducted by the Commission under this Act lected under this title— ‘‘(A) CIVIL ACTION.—In case of contumacy shall be public and may be held before any ‘‘(1) shall be credited as offsetting collec- by, or refusal to obey a subpoena issued to, officer of the Commission. The Commission tions to the account that finances the activi- any person, the Commission may file an ac- shall keep appropriate records of the hear- ties and services for which the fee is im- tion in any district court of the United ings. posed; States within the jurisdiction of which an in- ‘‘SEC. 208. NONINTERFERENCE WITH BOXING ‘‘(2) shall be available for expenditure only vestigation or proceeding is carried out, or COMMISSIONS. to pay the costs of activities and services for where that person resides or carries on busi- ‘‘(a) NONINTERFERENCE.—Nothing in this which the fee is imposed; and ness, to enforce the attendance and testi- Act prohibits any boxing commission from ‘‘(3) shall remain available until ex- mony of witnesses and the production of exercising any of its powers, duties, or func- pended.’’. books, papers, correspondence, memoran- tions with respect to the regulation or super- (b) CONFORMING AMENDMENTS.— dums, and other records. The court may vision of professional boxing or professional (1) PBSA.—The Professional Boxing Safety issue an order requiring the person to appear boxing matches to the extent not incon- Act of 1996, as amended by this Act, is fur- before the Commission to produce records, if sistent with the provisions of this Act. ther amended— so ordered, or to give testimony concerning ‘‘(b) MINIMUM STANDARDS.—Nothing in this (A) by amending section 1 to read as fol- the matter under investigation or in ques- Act prohibits any boxing commission from lows: tion. enforcing local standards or requirements ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS. AILURE TO OBEY ‘‘(B) F .—Any failure to obey that exceed the minimum standards or re- ‘‘(a) SHORT TITLE.—This Act may be cited an order issued by a court under subpara- quirements promulgated by the Commission as the ‘Professional Boxing Safety Act’. graph (A) may be punished as contempt of under this Act. ‘‘(b) TABLE OF CONTENTS.—The table of that court. ‘‘SEC. 209. ASSISTANCE FROM OTHER AGENCIES. contents for this Act is as follows: ‘‘(C) PROCESS.—All process in any con- ‘‘Any employee of any executive depart- tempt case under subparagraph (A) may be ‘‘Sec. 1. Short title; table of contents. ment, agency, bureau, board, commission, of- ‘‘Sec. 2. Definitions. served in the judicial district in which the fice, independent establishment, or instru- person is an inhabitant or in which the per- mentality may be detailed to the Commis- ‘‘TITLE I—PROFESSIONAL BOXING son may be found. sion, upon the request of the Commission, on SAFETY ‘‘(4) EVIDENCE OF CRIMINAL MISCONDUCT.— a reimbursable or nonreimbursable basis, ‘‘Sec. 101. Purposes. ‘‘(A) IN GENERAL.—No person may be ex- with the consent of the appropriate author- ‘‘Sec. 102. Approval or sanction require- cused from attending and testifying or from ity having jurisdiction over the employee. ment. producing books, papers, contracts, agree- While so detailed, an employee shall con- ‘‘Sec. 103. Safety standards. ments, and other records and documents be- tinue to receive the compensation provided ‘‘Sec. 104. Registration. fore the Commission, in obedience to the pursuant to law for the employee’s regular ‘‘Sec. 105. Review. subpoena of the Commission, or in any cause position of employment and shall retain, ‘‘Sec. 106. Reporting. or proceeding instituted by the Commission, without interruption, the rights and privi- ‘‘Sec. 107. Contract requirements. on the ground that the testimony or evi- leges of that employment. ‘‘Sec. 108. Protection from coercive con- dence, documentary or otherwise, required of ‘‘SEC. 210. REPORTS. tracts. that person may tend to incriminate the per- ‘‘(a) ANNUAL REPORT.—The Commission ‘‘Sec. 109. Sanctioning organizations. son or subject the person to a penalty or for- shall submit a report on its activities to the ‘‘Sec. 110. Required disclosures to State feiture. Senate Committee on Commerce, Science, boxing commissions by sanc- ‘‘(B) LIMITED IMMUNITY.—No individual and Transportation and the House of Rep- tioning organizations. may be prosecuted or subject to any penalty resentatives Committee on Commerce each ‘‘Sec. 111. Required disclosures by pro- or forfeiture for, or on account of, any trans- year. The annual report shall include— moters and broadcasters. action, matter, or thing concerning the mat- ‘‘(1) a detailed discussion of the activities ‘‘Sec. 112. Medical registry. ter about which that individual is compelled, of the Commission for the year covered by ‘‘Sec. 113. Confidentiality. after having claimed a privilege against self- the report; and ‘‘Sec. 114. Judges and referees.

VerDate jul 14 2003 03:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0655 E:\CR\FM\A25JA6.074 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S465 ‘‘Sec. 115. Conflicts of interest. the Commission shall submit to the Com- tion in Congress since this legislation ‘‘Sec. 116. Enforcement. mittee on Commerce, Science, and Transpor- was approved by the Senate Committee ‘‘Sec. 117. Professional boxing matches tation of the Senate and the Committee on on Environment and Public Works in conducted on Indian lands. Energy and Commerce of the House of Rep- June 2002 in basically the same form ‘‘Sec. 118. Relationship with State or resentatives a report on the study conducted Tribal law. under subsection (a). The report shall— we are introducing. As Senators may ‘‘TITLE II—UNITED STATES BOXING (1) set forth a proposed definition of the be aware, prior to that Committee ac- COMMISSION term ‘‘promoter’’ for purposes of the Profes- tion, I and Senator REID before me, ‘‘Sec. 201. Purpose. sional Boxing Safety Act; and sought to engage in a bipartisan dia- ‘‘Sec. 202. United States Boxing Commis- (2) describe the findings, conclusions, and logue to move four pollutant legisla- sion. rationale of the Commission for the proposed tion. Though the President promised to ‘‘Sec. 203. Functions. definition, together with any recommenda- support such legislation while a can- ‘‘Sec. 204. Licensing and registration of tions of the Commission, based on the study. didate in 2000, he reversed himself on boxing personnel. SEC. 23. EFFECTIVE DATE. that pledge in early 2001. ‘‘Sec. 205. National registry of boxing (a) IN GENERAL.—Except as provided in personnel. subsection (b), the amendments made by this Since early 2001, the Administration ‘‘Sec. 206. Consultation requirements. Act shall take effect on the date of enact- refused to negotiate, to consider com- ‘‘Sec. 207. Misconduct. ment of this Act. promise or even to respond to legiti- ‘‘Sec. 208. Noninterference with boxing (b) 1-YEAR DELAY FOR CERTAIN TITLE II mate requests for information or time- commissions PROVISIONS.—Sections 205 through 212 of the ly technical assistance. Instead, they ‘‘Sec. 209. Assistance from other agen- Professional Boxing Safety Act of 1996, as have concentrated their efforts on un- cies. added by section 21(a) of this Act, shall take dermining the Clean Air Act with a ‘‘Sec. 210. Reports. effect 1 year after the date of enactment of ‘‘Sec. 211. Initial implementation. this Act. particularly focus on gutting New ‘‘Sec. 212. Authorization of appropria- Source Review. They have not shown tions.’’; By Mr. JEFFORDS (for himself, any real interest in legislating in this (B) by inserting before section 3 the fol- Ms. COLLINS, Mr. LIEBERMAN, matter. lowing: Ms. SNOWE, Mr. SCHUMER, Mr. I am sad that the Administration’s ‘‘TITLE I—PROFESSIONAL BOXING BIDEN, Mrs. BOXER, Mrs. CLIN- general approach has been to go back- SAFETY’’; TON, Mr. CORZINE, Mr. DODD, ward before 1990, to undue President (C) by redesignating sections 3, 4, 5, 6, 7, 8, Mr. FEINGOLD, Mrs. FEINSTEIN, Bush Sr.’s legacy. That is not what the 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 21, and 22 as Mr. KENNEDY, Mr. KERRY, Mr. American people want and it is not sections 101 through 118, respectively; LAUTENBERG, Mr. LEAHY, Mr. what they and their children deserve. (D) by striking subsection (a) of section REED, and Mr. SARBANES): They deserve better. They deserve the 113, as redesignated, and inserting the fol- S. 150. A bill to amend the Clean Air promise of the Clean Air Act which is lowing: ‘‘(a) IN GENERAL.—Except to the extent re- Act to reduce emissions from electric constant improvement and moving for- quired in a legal, administrative, or judicial powerplants, and for other purposes; to ward to provide safe air for everyone to proceeding, a boxing commission, an Attor- the Committee on Environment and breathe. ney General, or the Commission may not dis- Public Works. It is long past time that all power close to the public any matter furnished by Mr. JEFFORDS. Mr. President, I am plants in this country meet modern a promoter under section 111.’’; both sad and happy to re-introduce the emission performance standards. There (E) by striking ‘‘section 13’’ in subsection Clean Power Act again with Senators is simply no excuse in a techno- (b) of section 113, as redesignated, and insert- LIEBERMAN and COLLINS and the other logically advanced society like ours to ing ‘‘section 111’’; (F) by striking ‘‘9(b), 10, 11, 12, 13, 14, or 16 cosponsors of the legislation from have power plants running on 1930s 16,’’ in paragraph (1) of section 116(b), as re- the last Congress. I am happy that they technology. It should be embarrassing designated, and inserting ‘‘107, 108, 109, 110, are all still as committed as I am to for us all and requires a swift and con- 111, or 114,’’; the fight to reduce pollution and to certed effort and significantly more (G) by striking ‘‘9(b), 10, 11, 12, 13, 14, or 16’’ protect the public’s health and to clean funding than the Administration and in paragraph (2) of section 116(b), as redesig- up and conserve the environment for Congress have appropriated thus far to nated, and inserting ‘‘107, 108, 109, 110, 111, or future generations. maximize the use of all of our energy 114’’; I am sad that we have not made more resources, including coal and renew- (H) by striking ‘‘section 17(a)’’ in sub- progress in this fight to reduce harmful section (b)(3) of section 116, as redesignated, ables, in an environmentally friendly and inserting ‘‘section 115(a)’’; emissions of sulfur dioxides (SOX), ni- way. (I) by striking ‘‘section 10’’ in subsection trogen oxides (NOX), mercury, and car- Simply letting these old dirty dino- (e)(3) of section 116, as redesignated, and in- bon dioxide from fossil fuel power saurs keep chugging along is bad for serting ‘‘section 108’’; and plants. More than 25,000 people are public health and the environment and (J) by striking ‘‘of this Act’’ each place it dying prematurely every year because bad for innovation and the develop- appears in sections 101 through 120, as redes- of fine particulate pollution (PM–2.5) ment of new technologies. It is a stone ignated, and inserting ‘‘of this title’’. that is emitted by power plants in the age response to a modern day problem. (2) COMPENSATION OF MEMBERS.—Section form of SO and NO . More than 4,000 Mr. President, I ask unanimous con- 5315 of title 5, United States Code, is amend- X X ed by adding at the end the following: people are dying of heart attacks due sent that the text of the bill be printed ‘‘Members of the United States Boxing to ozone exposure, part of which is in the RECORD. Commission.’’. caused by power plant emissions. And, There being no objection, the text of SEC. 22. STUDY AND REPORT ON DEFINITION OF over 160 million people are living in the bill was ordered to be printed in PROMOTER. areas with unhealthy air quality. the RECORD, as follows: (a) STUDY.—The United States Boxing Acid rain continues to fall on our for- S. 150 Commission shall conduct a study on how ests and lakes stressing ecosystems in Be it enacted by the Senate and House of Rep- the term ‘‘promoter’’ should be defined for the Northeast and the Southeast. Near- resentatives of the United States of America in purposes of the Professional Boxing Safety ly all the States have some kind of fish Congress assembled, Act. SECTION 1. SHORT TITLE. (b) HEARINGS.—As part of that study, the consumption warning or advisory due Commission shall hold hearings and solicit to mercury contamination. And, ear- This Act may be cited as the ‘‘Clean Power testimony at those hearings from boxers, lier this week, the chairman of the Act of 2005’’. managers, promoters, premium, cable, and International Panel on Climate SEC. 2. ELECTRIC ENERGY GENERATION EMIS- satellite program service providers, hotels, Change, who was placed at the request SION REDUCTIONS. casinos, resorts, and other commercial estab- (a) IN GENERAL.—The Clean Air Act (42 of the Bush Administration, said that U.S.C. 7401 et seq.) is amended by adding at lishments that host or sponsor professional he personally believes that the world boxing matches, and other interested parties the end the following: with respect to the definition of that term as has ‘‘already reached the level of dan- ‘‘TITLE VII—ELECTRIC ENERGY it is used in the Professional Boxing Safety gerous concentrations of carbon diox- GENERATION EMISSION REDUCTIONS Act. ide in the atmosphere.’’ ‘‘Sec. 701. Findings. (c) REPORT.—Not later than 12 months I am sad because there has been zero ‘‘Sec. 702. Purposes. after the date of the enactment of this Act, movement on multi-pollutant legisla- ‘‘Sec. 703. Definitions.

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‘‘Sec. 704. Emission limitations. than the emission limitation for mercury) ‘‘(7) ENERGY EFFICIENT PRODUCT.—The term ‘‘Sec. 705. Emission allowances. through an alternative method of compli- ‘energy efficient product’ means a product ‘‘Sec. 706. Permitting and trading of ance consisting of an emission allowance and manufactured after the date of enactment of emission allowances. transfer system; and this title that has an expected lifetime elec- ‘‘Sec. 707. Emission allowance alloca- ‘‘(5) to encourage energy conservation, use tricity or natural gas consumption that— tion. of renewable and clean alternative tech- ‘‘(A) is less than the average lifetime elec- ‘‘Sec. 708. Mercury emission limitations. nologies, and pollution prevention as long- ‘‘Sec. 709. Other hazardous air pollut- tricity or natural gas consumption for that range strategies, consistent with this title, type of product; and ants. for reducing air pollution and other adverse ‘‘Sec. 710. Effect of failure to promulgate ‘‘(B) does not exceed the lesser of— impacts of energy generation and use. regulations. ‘‘(i) the maximum energy consumption ‘‘Sec. 711. Prohibitions. ‘‘SEC. 703. DEFINITIONS. that qualifies for the applicable Energy Star ‘‘In this title: ‘‘Sec. 712. Modernization of electricity label for that type of product; or ‘‘(1) COVERED POLLUTANT.—The term ‘cov- generating facilities. ‘‘(ii) the average energy consumption of ‘‘Sec. 713. Relationship to other law. ered pollutant’ means— ‘‘(A) sulfur dioxide; the most efficient 25 percent of that type of ‘‘SEC. 701. FINDINGS. product manufactured in the same year. ‘‘Congress finds that— ‘‘(B) any nitrogen oxide; ‘‘(C) carbon dioxide; and ‘‘(8) LIFETIME.—The term ‘lifetime’ ‘‘(1) public health and the environment means— continue to suffer as a result of pollution ‘‘(D) mercury. ‘‘(2) ELECTRICITY GENERATING FACILITY.— ‘‘(A) in the case of a residential building emitted by powerplants across the United that is an energy efficient building, 30 years; States, despite the success of Public Law The term ‘electricity generating facility’ ‘‘(B) in the case of a commercial building 101–549 (commonly known as the ‘Clean Air means an electric or thermal electricity gen- that is an energy efficient building, 15 years; Act Amendments of 1990’) (42 U.S.C. 7401 et erating unit, a combination of such units, or and seq.) in reducing emissions; a combination of 1 or more such units and 1 ‘‘(C) in the case of an energy efficient prod- ‘‘(2) according to the most reliable sci- or more combustion devices, that— uct, a period determined by the Adminis- entific knowledge, acid rain precursors must ‘‘(A) has a nameplate capacity of 15 be significantly reduced for the ecosystems megawatts or more (or the equivalent in trator to be the average life of that type of of the Northeast and Southeast to recover thermal energy generation, determined in energy efficient product. accordance with a methodology developed by from the ecological harm caused by acid dep- ‘‘(9) MERCURY.—The term ‘mercury’ in- the Administrator); osition; cludes any mercury compound. ‘‘(B) generates electric energy, for sale, ‘‘(3) because lakes and sediments across ‘‘(10) NEW CLEAN FOSSIL FUEL-FIRED ELEC- through combustion of fossil fuel; and the United States are being contaminated by TRICITY GENERATING UNIT.—The term ‘new ‘‘(C) emits a covered pollutant into the at- mercury emitted by powerplants, there is an clean fossil fuel-fired electricity generating mosphere. increasing risk of mercury poisoning of unit’ means a unit that— ‘‘(3) ELECTRICITY INTENSIVE PRODUCT.—The aquatic habitats and fish-consuming human ‘‘(A) has been in operation for 10 years or term ‘electricity intensive product’ means a populations; less; and product with respect to which the cost of ‘‘(4)(A) electricity generation accounts for ‘‘(B) is— electricity consumed in the production of approximately 40 percent of the total emis- ‘‘(i) a natural gas fired generator that— the product represents more than 5 percent ‘‘(I) has an energy conversion efficiency of sions in the United States of carbon dioxide, of the value of the product. a major greenhouse gas causing global warm- at least 55 percent; and ‘‘(4) EMISSION ALLOWANCE.—The term ‘‘(II) uses best available control technology ing; and ‘emission allowance’ means a limited au- (as defined in section 169); ‘‘(B) the quantity of carbon dioxide in the thorization to emit in accordance with this atmosphere is growing without constraint title— ‘‘(ii) a generator that— and well beyond the international commit- ‘‘(A) 1 ton of sulfur dioxide; ‘‘(I) uses integrated gasification combined ments of the United States; ‘‘(B) 1 ton of nitrogen oxides; or cycle technology; ‘‘(5) the cumulative impact of powerplant ‘‘(C) 1 ton of carbon dioxide. ‘‘(II) uses best available control technology emissions on public and environmental ‘‘(5) ENERGY EFFICIENCY PROJECT.—The (as defined in section 169); and health must be addressed swiftly by reducing term ‘energy efficiency project’ means any ‘‘(III) has an energy conversion efficiency those harmful emissions to levels that are specific action (other than ownership or op- of at least 45 percent; or less threatening; and eration of an energy efficient building) com- ‘‘(iii) a fuel cell operating on fuel derived ‘‘(6)(A) the atmosphere is a public resource; menced after the date of enactment of this from a nonrenewable source of energy. and title— ‘‘(11) NONWESTERN REGION.—The term ‘non- ‘‘(B) emission allowances, representing ‘‘(A) at a facility (other than an electricity western region’ means the area of the States permission to use that resource for disposal generating facility), that verifiably reduces that is not included in the western region. of air pollution from electricity generation, the annual electricity or natural gas con- ‘‘(12) RENEWABLE ELECTRICITY GENERATING should be allocated to promote public pur- sumption per unit output of the facility, as UNIT.—The term ‘renewable electricity gen- poses, including— compared with the annual electricity or nat- erating unit’ means a unit that— ‘‘(i) protecting electricity consumers from ural gas consumption per unit output that ‘‘(A) has been in operation for 10 years or adverse economic impacts; would be expected in the absence of an allo- less; and ‘‘(ii) providing transition assistance to ad- cation of emission allowances (as determined ‘‘(B) generates electric energy by means versely affected employees, communities, by the Administrator); or of— and industries; and ‘‘(B) by an entity that is primarily engaged ‘‘(i) wind; ‘‘(iii) promoting clean energy resources in the transmission and distribution of elec- ‘‘(ii) biomass; and energy efficiency. tricity, that significantly improves the effi- ‘‘(iii) landfill gas; ‘‘SEC. 702. PURPOSES. ciency of that type of entity, as compared ‘‘(iv) a geothermal, solar thermal, or pho- ‘‘The purposes of this title are— with standards for efficiency developed by tovoltaic source; or ‘‘(1) to alleviate the environmental and the Administrator, in consultation with the ‘‘(v) a fuel cell operating on fuel derived public health damage caused by emissions of Secretary of Energy, after the date of enact- from a renewable source of energy. sulfur dioxide, nitrogen oxides, carbon diox- ment of this title. ‘‘(13) SMALL ELECTRICITY GENERATING FA- ide, and mercury resulting from the combus- ‘‘(6) ENERGY EFFICIENT BUILDING.—The term tion of fossil fuels in the generation of elec- ‘energy efficient building’ means a residen- CILITY.—The term ‘small electricity gener- tric and thermal energy; tial building or commercial building com- ating facility’ means an electric or thermal ‘‘(2) to reduce by 2010 the annual national pleted after the date of enactment of this electricity generating unit, or combination emissions from electricity generating facili- title for which the projected lifetime con- of units, that— ties to not more than— sumption of electricity or natural gas for ‘‘(A) has a nameplate capacity of less than ‘‘(A) 2,250,000 tons of sulfur dioxide; heating, cooling, and ventilation is at least 15 megawatts (or the equivalent in thermal ‘‘(B) 1,510,000 tons of nitrogen oxides; and 30 percent less than the lifetime consump- energy generation, determined in accordance ‘‘(C) 2,050,000,000 tons of carbon dioxide; tion of a typical new residential building or with a methodology developed by the Admin- ‘‘(3) to reduce by 2009 the annual national commercial building, as determined by the istrator); emissions of mercury from electricity gener- Administrator (in consultation with the Sec- ‘‘(B) generates electric energy, for sale, ating facilities to not more than 5 tons; retary of Energy)— through combustion of fossil fuel; and ‘‘(4) to effectuate the reductions described ‘‘(A) on a State or regional basis; and ‘‘(C) emits a covered pollutant into the at- in paragraphs (2) and (3) by— ‘‘(B) taking into consideration— mosphere. ‘‘(A) requiring electricity generating facili- ‘‘(i) applicable building codes; and ‘‘(14) WESTERN REGION.—The term ‘western ties to comply with specified emission limi- ‘‘(ii) consumption levels achieved in prac- region’ means the area comprising the tations by specified deadlines; and tice by new residential buildings or commer- States of Arizona, California, Colorado, ‘‘(B) allowing electricity generating facili- cial buildings in the absence of an allocation Idaho, Montana, Nevada, New Mexico, Or- ties to meet the emission limitations (other of emission allowances. egon, Utah, Washington, and Wyoming.

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‘‘SEC. 704. EMISSION LIMITATIONS. ‘‘(B) REQUIREMENTS.—The emission allow- of the national ambient air quality standard ‘‘(a) IN GENERAL.—Subject to subsections ance tracking and transfer system estab- for ozone in the State during the previous (b) and (c), the Administrator shall promul- lished under subparagraph (A) shall— year. gate regulations to ensure that, during 2010 ‘‘(i) incorporate the requirements of sub- ‘‘(3) REGIONAL LIMITATIONS FOR SULFUR DI- and each year thereafter, the total annual sections (b) and (d) of section 412 (except OXIDE.—The Administrator shall not allow— emissions of covered pollutants from all that written certification by the transferee ‘‘(A) the use of sulfur dioxide emission al- electricity generating facilities located in shall not be necessary to effect a transfer); lowances allocated for the western region to all States does not exceed— and meet the obligations under this subsection of ‘‘(1) in the case of sulfur dioxide— ‘‘(ii) permit any entity— electricity generating facilities in the non- ‘‘(A) 275,000 tons in the western region; or ‘‘(I) to buy, sell, or hold an emission allow- western region; or ‘‘(B) 1,975,000 tons in the nonwestern re- ance; and ‘‘(B) the use of sulfur dioxide emission al- gion; ‘‘(II) to permanently retire an unused lowances allocated for the nonwestern region ‘‘(2) in the case of nitrogen oxides, 1,510,000 emission allowance. to meet the obligations under this sub- tons; ‘‘(C) PROCEEDS OF TRANSFERS.—Proceeds section of electricity generating facilities in ‘‘(3) in the case of carbon dioxide, from the transfer of emission allowances by the western region. 2,050,000,000 tons; or any person to which the emission allowances ‘‘(e) EMISSION VERIFICATION, MONITORING, ‘‘(4) in the case of mercury, 5 tons. have been allocated— AND RECORDKEEPING.— ‘‘(b) EXCESS EMISSIONS BASED ON UNUSED ‘‘(i) shall not constitute funds of the ‘‘(1) IN GENERAL.—The Administrator shall ALLOWANCES.—The regulations promulgated United States; and ensure that Federal regulations, in combina- under subsection (a) shall authorize emis- ‘‘(ii) shall not be available to meet any ob- tion with any applicable State regulations, sions of covered pollutants in excess of the ligations of the United States. are adequate to verify, monitor, and docu- national emission limitations established ‘‘(c) IDENTIFICATION AND USE.— ment emissions of covered pollutants from under that subsection for a year to the ex- ‘‘(1) IN GENERAL.—Each emission allowance electricity generating facilities. tent that the number of tons of the excess allocated by the Administrator shall bear a ‘‘(2) INVENTORY OF EMISSIONS FROM SMALL emissions is less than or equal to the number unique serial number, including— ELECTRICITY GENERATING FACILITIES.—On or of emission allowances that are— ‘‘(A) an identifier of the covered pollutant before July 1, 2006, the Administrator, in co- ‘‘(1) used in the year; but to which the emission allowance pertains; operation with State agencies, shall com- ‘‘(2) allocated for any previous year under and plete, and on an annual basis update, a com- prehensive inventory of emissions of sulfur section 707. ‘‘(B) the first year for which the allowance may be used. dioxide, nitrogen oxides, carbon dioxide, and ‘‘(c) REDUCTIONS.—For 2010 and each year ‘‘(2) SULFUR DIOXIDE EMISSION ALLOW- particulate matter from small electricity thereafter, the quantity of emissions speci- ANCES.—In the case of sulfur dioxide emis- generating facilities. fied for each covered pollutant in subsection sion allowances, the Administrator shall en- ‘‘(3) MONITORING INFORMATION.— (a) shall be reduced by the sum of— sure that the emission allowances allocated ‘‘(A) IN GENERAL.—Not later than 180 days ‘‘(1) the number of tons of the covered pol- to electricity generating facilities in the after the date of enactment of this title, the lutant that were emitted by small electricity western region are distinguishable from Administrator shall promulgate regulations generating facilities in the second preceding emission allowances allocated to electricity to require each electricity generating facil- year; and generating facilities in the nonwestern re- ity to submit to the Administrator— ‘‘(2) any number of tons of reductions in gion. ‘‘(i) not later than April 1 of each year, emissions of the covered pollutant required ‘‘(3) YEAR OF USE.—Each emission allow- verifiable information on covered pollutants under section 705(h). ance may be used in the year for which the emitted by the electricity generating facil- ‘‘SEC. 705. EMISSION ALLOWANCES. emission allowance is allocated or in any ity in the previous year, expressed in— ‘‘(a) CREATION AND ALLOCATION.— subsequent year. ‘‘(I) tons of covered pollutants; and ‘‘(1) IN GENERAL.—For 2010 and each year ‘‘(d) ANNUAL SUBMISSION OF EMISSION AL- ‘‘(II) tons of covered pollutants per mega- thereafter, subject to paragraph (2), there LOWANCES.— watt hour of energy (or the equivalent ther- are created, and the Administrator shall al- ‘‘(1) IN GENERAL.—On or before April 1, 2011, mal energy) generated; and locate in accordance with section 707, emis- and April 1 of each year thereafter, the ‘‘(ii) as part of the first submission under sion allowances as follows: owner or operator of each electricity gener- clause (i), verifiable information on covered ‘‘(A) In the case of sulfur dioxide— ating facility shall submit to the Adminis- pollutants emitted by the electricity gener- ‘‘(i) 275,000 emission allowances for each trator 1 emission allowance for the applica- ating facility in 2002, 2003, and 2004, if the year for use in the western region; and ble covered pollutant (other than mercury) electricity generating facility was required ‘‘(ii) 1,975,000 emission allowances for each for each ton of sulfur dioxide, nitrogen ox- to report that information in those years. year for use in the nonwestern region. ides, or carbon dioxide emitted by the elec- ‘‘(B) SOURCE OF INFORMATION.—Information ‘‘(B) In the case of nitrogen oxides, 1,510,000 tricity generating facility during the pre- submitted under subparagraph (A) shall be emission allowances for each year. vious calendar year. obtained using a continuous emission moni- ‘‘(C) In the case of carbon dioxide, ‘‘(2) SPECIAL RULE FOR OZONE toring system (as defined in section 402). 2,050,000,000 emission allowances for each EXCEEDANCES.— ‘‘(C) AVAILABILITY TO THE PUBLIC.—The in- year. ‘‘(A) IDENTIFICATION OF FACILITIES CONTRIB- formation described in subparagraph (A) ‘‘(2) REDUCTIONS.—For 2010 and each year UTING TO NONATTAINMENT.—Not later than shall be made available to the public— thereafter, the number of emission allow- December 31, 2009, and the end of each 3-year ‘‘(i) in the case of the first year in which ances specified for each covered pollutant in period thereafter, each State, consistent the information is required to be submitted paragraph (1) shall be reduced by a number with the obligations of the State under sec- under that subparagraph, not later than 18 equal to the sum of— tion 110(a)(2)(D), shall identify the elec- months after the date of enactment of this ‘‘(A) the number of tons of the covered pol- tricity generating facilities in the State and title; and lutant that were emitted by small electricity in other States that are significantly con- ‘‘(ii) in the case of each year thereafter, generating facilities in the second preceding tributing (as determined based on guidance not later than April 1 of the year. year; and issued by the Administrator) to nonattain- ‘‘(4) AMBIENT AIR QUALITY MONITORING FOR ‘‘(B) any number of tons of reductions in ment of the national ambient air quality SULFUR DIOXIDE AND HAZARDOUS AIR POLLUT- emissions of the covered pollutant required standard for ozone in the State. ANTS.— under subsection (h). ‘‘(B) SUBMISSION OF ADDITIONAL ALLOW- ‘‘(A) IN GENERAL.—Beginning January 1, ‘‘(b) NATURE OF EMISSION ALLOWANCES.— ANCES.—In 2010 and each year thereafter, on 2006, each coal-fired electricity generating ‘‘(1) NOT A PROPERTY RIGHT.—An emission petition from a State or a person dem- facility with an aggregate generating capac- allowance allocated by the Administrator onstrating that the control measures in ef- ity of 50 megawatts or more shall, in accord- under subsection (a) is not a property right. fect at an electricity generating facility that ance with guidelines issued by the Adminis- ‘‘(2) NO LIMIT ON AUTHORITY TO TERMINATE is identified under subparagraph (A) as sig- trator, commence ambient air quality moni- OR LIMIT.—Nothing in this title or any other nificantly contributing to nonattainment of toring within a 30-mile radius of the coal- provision of law limits the authority of the the national ambient air quality standard fired electricity generating facility for the United States to terminate or limit an emis- for ozone in a State during the previous year purpose of measuring maximum concentra- sion allowance. are inadequate to prevent the significant tions of sulfur dioxide and hazardous air pol- ‘‘(3) TRACKING AND TRANSFER OF EMISSION contribution described in subparagraph (A), lutants emitted by the coal-fired electricity ALLOWANCES.— the Administrator, if the Administrator de- generating facility. ‘‘(A) IN GENERAL.—Not later than 1 year termines that the electricity generating fa- ‘‘(B) LOCATION OF MONITORING POINTS.— after the date of enactment of this title, the cility is inadequately controlled for nitrogen Monitoring under subparagraph (A) shall in- Administrator shall promulgate regulations oxides, may require that the electricity gen- clude monitoring at not fewer than 2 to establish an emission allowance tracking erating facility submit 3 nitrogen oxide points— and transfer system for emission allowances emission allowances for each ton of nitrogen ‘‘(i) that are at ground level and within 3 of sulfur dioxide, nitrogen oxides, and carbon oxides emitted by the electricity generating miles of the coal-fired electricity generating dioxide. facility during any period of an exceedance facility;

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‘‘(ii) at which the concentration of pollut- ‘‘(ii) REQUIRED ASSESSMENT.—The study ‘‘(c) METHODOLOGY.—The program estab- ants being monitored is expected to be the shall include an assessment of ambient air lished under subsection (a) shall clearly greatest; and quality in areas surrounding electricity gen- identify the methodology for the allocation ‘‘(iii) at which the monitoring shall be the erating facilities that participate in emis- of emission allowances, including standards most frequent. sion allowance trading, including a compari- for measuring annual electricity generation ‘‘(C) FREQUENCY OF MONITORING OF SULFUR son between— and energy efficiency as the standards relate DIOXIDE.—Monitoring of sulfur dioxide under ‘‘(I) the ambient air quality in those areas; to emissions. subparagraph (A) shall be carried out on a and ‘‘SEC. 707. EMISSION ALLOWANCE ALLOCATION. continuous basis and averaged over 5-minute ‘‘(II) the national average ambient air ‘‘(a) ALLOCATION TO ELECTRICITY CON- periods. quality. SUMERS.— ‘‘(D) AVAILABILITY TO THE PUBLIC.—The re- ‘‘(B) LIMITATION ON EMISSIONS.—If the Ad- ‘‘(1) IN GENERAL.—For 2010 and each year sults of the monitoring under subparagraph ministrator determines, based on the results thereafter, after making allocations of emis- (A) shall be made available to the public. of a study under subparagraph (A), that ad- sion allowances under subsections (b) ‘‘(f) EXCESS EMISSION PENALTY.— verse local impacts result from emission al- through (f), the Administrator shall allocate ‘‘(1) IN GENERAL.—Subject to paragraph (2), lowance trading, the Administrator may re- the remaining emission allowances created section 411 shall be applicable to an owner or quire reductions in emissions from elec- by section 705(a) for the year for each cov- operator of an electricity generating facil- tricity generating facilities in addition to ered pollutant other than mercury to house- ity. the reductions required under the other pro- holds served by electricity. ‘‘(2) CALCULATION OF PENALTY.— visions of this title. ‘‘(2) ALLOCATION AMONG HOUSEHOLDS.—The ‘‘(A) IN GENERAL.—Except as provided in ‘‘(i) USE OF CERTAIN OTHER EMISSION ALLOW- allocation to each household shall reflect— subparagraph (B), the penalty for failure to ANCES.— ‘‘(A) the number of persons residing in the submit emission allowances for covered pol- ‘‘(1) IN GENERAL.—Subject to paragraph (2), lutants as required under subsection (d) shall emission allowances or other emission trad- household; and be equal to 3 times the product obtained by ing instruments created under title I or IV ‘‘(B) the ratio that— multiplying— for sulfur dioxide or nitrogen oxides shall ‘‘(i) the quantity of the residential elec- ‘‘(i) as applicable— not be valid for submission under subsection tricity consumption of the State in which ‘‘(I) the number of tons emitted in excess (d). the household is located; bears to ‘‘(ii) the quantity of the residential elec- of the emission limitation requirement ap- ‘‘(2) EMISSION ALLOWANCES PLACED IN RE- tricity consumption of all States. plicable to the electricity generating facil- SERVE.— ‘‘(3) REGULATIONS.—Not later than 1 year ity; or ‘‘(A) IN GENERAL.—Except as provided in ‘‘(II) the number of emission allowances subparagraph (B), an emission allowance de- after the date of enactment of this title, the that the owner or operator failed to submit; scribed in paragraph (1) that was placed in Administrator shall promulgate regulations and reserve under section 404(a)(2) or 405 or making appropriate arrangements for the al- ‘‘(ii) the average annual market price of through regulations implementing controls location of emission allowances to house- emission allowances (as determined by the on nitrogen oxides, because an affected unit holds under this subsection, including as Administrator). emitted fewer tons of sulfur dioxide or nitro- necessary the appointment of 1 or more ‘‘(B) MERCURY.—In the case of mercury, gen oxides than were permitted under an trustees— the penalty shall be equal to 3 times the emission limitation imposed under title I or ‘‘(A) to receive the emission allowances for product obtained by multiplying— IV before the date of enactment of this title, the benefit of the households; ‘‘(B) to obtain fair market value for the ‘‘(i) the number of grams emitted in excess shall be considered to be equivalent to 1⁄4 of of the emission limitation requirement for an emission allowance created by subsection emission allowances; and mercury applicable to the electricity gener- (a) for sulfur dioxide or nitrogen oxides, re- ‘‘(C) to distribute the proceeds to the bene- ating facility; and spectively. ficiaries. ‘‘(b) ALLOCATION FOR TRANSITION ASSIST- ‘‘(ii) the average cost of mercury controls ‘‘(B) EMISSION ALLOWANCES RESULTING FROM ANCE.— at electricity generating units that have a ACHIEVEMENT OF NEW SOURCE PERFORMANCE ‘‘(1) IN GENERAL.—For 2010 and each year nameplate capacity of 15 megawatts or more STANDARDS.—If an emission allowance de- in all States (as determined by the Adminis- scribed in subparagraph (A) was created and thereafter through 2019, the Administrator trator). placed in reserve during the period of 2001 shall allocate the percentage specified in ‘‘(g) SIGNIFICANT ADVERSE LOCAL IM- through 2009 by the owner or operator of an paragraph (2) of the emission allowances cre- PACTS.— electricity generating facility through the ated by section 705(a) for the year for each ‘‘(1) IN GENERAL.—If the Administrator de- application of pollution control technology covered pollutant other than mercury in the termines that emissions of an electricity that resulted in the achievement and main- following manner: generating facility may reasonably be an- tenance by the electricity generating facil- ‘‘(A) 80 percent shall be allocated to pro- ticipated to cause or contribute to a signifi- ity of the applicable standards of perform- vide transition assistance to— cant adverse impact on an area (including ance required of new sources under section ‘‘(i) dislocated workers (as defined in sec- endangerment of public health, contribution 111, the emission allowance shall be valid for tion 101 of the Workforce Investment Act of to acid deposition in a sensitive receptor submission under subsection (d). 1998 (29 U.S.C. 2801)) whose employment has been terminated or who have been laid off as area, and other degradation of the environ- ‘‘SEC. 706. PERMITTING AND TRADING OF EMIS- ment), the Administrator shall limit the SION ALLOWANCES. a result of the emission reductions required emissions of the electricity generating facil- ‘‘(a) IN GENERAL.—Not later than 1 year by this title; and ity as necessary to avoid that impact. after the date of enactment of this title, the ‘‘(ii) communities that have experienced ‘‘(2) VIOLATION.—Notwithstanding the Administrator shall promulgate regulations disproportionate adverse economic impacts availability of emission allowances, it shall to establish a permitting and emission al- as a result of the emission reductions re- be a violation of this Act for any electricity lowance trading compliance program to im- quired by this title. generating facility to exceed any limitation plement the limitations on emissions of cov- ‘‘(B) 20 percent shall be allocated to pro- on emissions established under paragraph (1). ered pollutants from electricity generating ducers of electricity intensive products in a ‘‘(h) ADDITIONAL REDUCTIONS.— facilities established under section 704. number equal to the product obtained by ‘‘(1) PROTECTION OF PUBLIC HEALTH OR WEL- ‘‘(b) EMISSION ALLOWANCE TRADING WITH multiplying— FARE OR THE ENVIRONMENT.—If the Adminis- FACILITIES OTHER THAN ELECTRICITY GENER- ‘‘(i) the ratio that— trator determines that the emission levels ATING FACILITIES.— ‘‘(I) the quantity of each electricity inten- necessary to achieve the national emission ‘‘(1) IN GENERAL.—Subject to paragraph (2) sive product produced by each producer in limitations established under section 704 are and section 705(i), the regulations promul- the previous year; bears to not reasonably anticipated to protect public gated to establish the program under sub- ‘‘(II) the quantity of the electricity inten- health or welfare or the environment (in- section (a) shall prohibit use of emission al- sive product produced by all producers in the cluding protection of children, pregnant lowances generated from other emission con- previous year; women, minority or low-income commu- trol programs for the purpose of dem- ‘‘(ii) the average quantity of electricity nities, and other sensitive populations), the onstrating compliance with the limitations used in producing the electricity intensive Administrator may require reductions in on emissions of covered pollutants from elec- product by producers that use the most en- emissions from electricity generating facili- tricity generating facilities established ergy efficient process for producing the elec- ties in addition to the reductions required under section 704. tricity intensive product; and under the other provisions of this title. ‘‘(2) EXCEPTION FOR CERTAIN CARBON DIOX- ‘‘(iii) with respect to the previous year, the ‘‘(2) EMISSION ALLOWANCE TRADING.— IDE EMISSION CONTROL PROGRAMS.—The prohi- national average quantity (expressed in tons) ‘‘(A) STUDIES.— bition described in paragraph (1) shall not of emissions of each such pollutant per ‘‘(i) IN GENERAL.—In 2013 and at the end of apply in the case of carbon dioxide emission megawatt hour of electricity generated by each 3-year period thereafter, the Adminis- allowances generated from an emission con- electricity generating facilities in all States. trator shall complete a study of the impacts trol program that limits total carbon dioxide ‘‘(2) SPECIFIED PERCENTAGES.—The percent- of the emission allowance trading authorized emissions from the entirety of any industrial ages referred to in paragraph (1) are— under this title. sector. ‘‘(A) in the case of 2010, 6 percent;

VerDate jul 14 2003 03:54 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.076 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S469 ‘‘(B) in the case of 2011, 5.5 percent; ‘‘(A) the number of megawatt hours of ‘‘(bb) potential displacement of carbon ‘‘(C) in the case of 2012, 5 percent; electricity generated in the previous year by emissions to other land owned by the entity ‘‘(D) in the case of 2013, 4.5 percent; each new clean fossil fuel-fired electricity that carries out the project; and ‘‘(E) in the case of 2014, 4 percent; generating unit; and ‘‘(IV) adjustments to reflect the expected ‘‘(F) in the case of 2015, 3.5 percent; ‘‘(B) with respect to the previous year, 1⁄2 carbon storage over various time periods, ‘‘(G) in the case of 2016, 3 percent; of the national average quantity (expressed taking into account the likely duration of ‘‘(H) in the case of 2017, 2.5 percent; in tons) of emissions of each such pollutant the storage of the carbon stored in a carbon ‘‘(I) in the case of 2018, 2 percent; and per megawatt hour of electricity generated reservoir; and ‘‘(J) in the case of 2019, 1.5 percent. by electricity generating facilities in all ‘‘(B) conducting accurate inventories of ‘‘(3) REGULATIONS FOR ALLOCATION FOR States; and carbon sinks. TRANSITION ASSISTANCE TO DISLOCATED WORK- ‘‘(4) to owners and operators of combined ‘‘(2) CARBON INVENTORY.—The Adminis- ERS AND COMMUNITIES.— heat and power electricity generating facili- trator, in consultation with the Secretary of ‘‘(A) IN GENERAL.—Not later than 1 year ties, in a number equal to the product ob- Agriculture, shall allocate not more than 1⁄3 after the date of enactment of this title, the tained by multiplying— of the emission allowances described in para- Administrator shall promulgate regulations ‘‘(A) the number of British thermal units graph (1) to not more than 5 State or making appropriate arrangements for the of thermal energy produced and put to pro- multistate land or forest management agen- distribution of emission allowances under ductive use in the previous year by each cies or nonprofit entities that— paragraph (1)(A), including as necessary the combined heat and power electricity gener- ‘‘(A) have a primary goal of land conserva- appointment of 1 or more trustees— ating facility; and tion; and ‘‘(i) to receive the emission allowances al- ‘‘(B) with respect to the previous year, the ‘‘(B) submit to the Administrator pro- located under paragraph (1)(A) for the ben- national average quantity (expressed in tons) posals for projects— efit of the dislocated workers and commu- of emissions of each such pollutant per Brit- ‘‘(i) to demonstrate and assess the poten- nities; ish thermal unit of thermal energy gen- tial for the development and use of carbon ‘‘(ii) to obtain fair market value for the erated by electricity generating facilities in inventorying and accounting systems; emission allowances; and all States. ‘‘(ii) to improve the standards relating to, ‘‘(iii) to apply the proceeds to providing and the identification of, incremental carbon ‘‘(d) TRANSITION ASSISTANCE TO ELEC- transition assistance to the dislocated work- sequestration in forests, agricultural soil, TRICITY GENERATING FACILITIES.— ers and communities. grassland, or rangeland; or ‘‘(1) IN GENERAL.—For 2010 and each year ‘‘(B) FORM OF TRANSITION ASSISTANCE.— ‘‘(iii) to assist in development of a national thereafter through 2019, the Administrator Transition assistance under paragraph (1)(A) biological carbon storage baseline or inven- shall allocate the percentage specified in may take the form of— tory. paragraph (2) of the emission allowances cre- ‘‘(i) grants to employers, employer associa- ‘‘(3) REVOLVING LOAN PROGRAM.—The Ad- ated by section 705(a) for the year for each tions, and representatives of employees— ministrator shall allocate not more than 2⁄3 covered pollutant other than mercury to the ‘‘(I) to provide training, adjustment assist- of the emission allowances described in para- owners or operators of electricity generating ance, and employment services to dislocated graph (1) to States, based on proposals sub- workers; and facilities in the ratio that— mitted by States to conduct programs under ‘‘(II) to make income-maintenance and ‘‘(A) the quantity of electricity generated which each State shall— needs-related payments to dislocated work- by each electricity generating facility in ‘‘(A) use the value of the emission allow- ers; and 2003; bears to ances to establish a State revolving loan ‘‘(ii) grants to States and local govern- ‘‘(B) the quantity of electricity generated fund to provide loans to owners of nonindus- ments to assist communities in attracting by all electricity generating facilities in trial private forest land in the State to carry new employers or providing essential local 2003. out forest and forest soil carbon sequestra- government services. ‘‘(2) SPECIFIED PERCENTAGES.—The percent- tion activities that will achieve the purposes ‘‘(c) ALLOCATION TO RENEWABLE ELEC- ages referred to in paragraph (1) are— specified in paragraph (2)(B); and TRICITY GENERATING UNITS, EFFICIENCY ‘‘(A) in the case of 2010, 10 percent; ‘‘(B) for 2011 and each year thereafter, con- PROJECTS, AND CLEANER ENERGY SOURCES.— ‘‘(B) in the case of 2011, 9 percent; tribute to the program of the State an For 2010 and each year thereafter, the Ad- ‘‘(C) in the case of 2012, 8 percent; amount equal to 25 percent of the value of ministrator shall allocate not more than 20 ‘‘(D) in the case of 2013, 7 percent; the emission allowances received under this percent of the emission allowances created ‘‘(E) in the case of 2014, 6 percent; paragraph for the year in cash, in-kind serv- by section 705(a) for the year for each cov- ‘‘(F) in the case of 2015, 5 percent; ices, or technical assistance. ered pollutant other than mercury— ‘‘(G) in the case of 2016, 4 percent; ‘‘(4) USE OF EMISSION ALLOWANCES.—An en- ‘‘(1) to owners and operators of renewable ‘‘(H) in the case of 2017, 3 percent; tity that receives an allocation of emission electricity generating units, in a number ‘‘(I) in the case of 2018, 2 percent; and allowances under this subsection may use equal to the product obtained by multi- ‘‘(J) in the case of 2019, 1 percent. the proceeds from the sale or other transfer plying— ‘‘(e) ALLOCATION TO ENCOURAGE BIOLOGICAL of the emission allowances only for the pur- ‘‘(A) the number of megawatt hours of CARBON SEQUESTRATION.— pose of carrying out activities described in electricity generated in the previous year by ‘‘(1) IN GENERAL.—For 2010 and each year this subsection. each renewable electricity generating unit; thereafter, the Administrator shall allocate, ‘‘(5) RECOMMENDATIONS CONCERNING CARBON and on a competitive basis and in accordance DIOXIDE EMISSION ALLOWANCES.— ‘‘(B) with respect to the previous year, the with paragraphs (2) and (3), not more than ‘‘(A) IN GENERAL.—Not later than 4 years national average quantity (expressed in tons) 0.075 percent of the carbon dioxide emission after the date of enactment of this title, the of emissions of each such pollutant per allowances created by section 705(a) for the Administrator, in consultation with the Sec- megawatt hour of electricity generated by year for the purposes of— retary of Agriculture, shall submit to Con- electricity generating facilities in all States; ‘‘(A) carrying out projects to reduce net gress recommendations for establishing a ‘‘(2) to owners and operators of energy effi- carbon dioxide emissions through biological system under which entities that receive cient buildings, producers of energy efficient carbon dioxide sequestration in the United grants or loans under this section may be al- products, and entities that carry out energy States that— located carbon dioxide emission allowances efficient projects, in a number equal to the ‘‘(i) result in benefits to watersheds and created by section 705(a) for incremental car- product obtained by multiplying— fish and wildlife habitats; and bon sequestration in forests, agricultural ‘‘(A) the number of megawatt hours of ‘‘(ii) are conducted in accordance with soils, rangeland, or grassland. electricity or cubic feet of natural gas saved project reporting, monitoring, and ‘‘(B) GUIDELINES.—The recommendations in the previous year as a result of each en- verification guidelines based on— shall include recommendations for develop- ergy efficient building, energy efficient prod- ‘‘(I) measurement of increases in carbon ment, reporting, monitoring, and uct, or energy efficiency project; and storage in excess of the carbon storage that verification guidelines for quantifying net ‘‘(B) with respect to the previous year, the would have occurred in the absence of such a carbon sequestration from land use projects national average quantity (expressed in tons) project; that address the elements specified in para- of emissions of each such pollutant per, as ‘‘(II) comprehensive carbon accounting graph (1)(A). appropriate— that— ‘‘(f) ALLOCATION TO ENCOURAGE GEOLOGICAL ‘‘(i) megawatt hour of electricity gen- ‘‘(aa) reflects net increases in carbon res- CARBON SEQUESTRATION.— erated by electricity generating facilities in ervoirs; and ‘‘(1) IN GENERAL.—For 2010 and each year all States; or ‘‘(bb) takes into account any carbon emis- thereafter, the Administrator shall allocate ‘‘(ii) cubic foot of natural gas burned for a sions resulting from disturbance of carbon not more than 1.5 percent of the carbon diox- purpose other than generation of electricity reservoirs in existence as of the date of com- ide emission allowances created by section in all States; mencement of the project; 705(a) to entities that carry out geological ‘‘(3) to owners and operators of new clean ‘‘(III) adjustments to account for— sequestration of carbon dioxide produced by fossil fuel-fired electricity generating units, ‘‘(aa) emissions of carbon that may result an electric generating facility in accordance in a number equal to the product obtained by at other locations as a result of the impact with requirements established by the Admin- multiplying— of the project on timber supplies; or istrator—

VerDate jul 14 2003 03:54 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.077 S25PT1 S470 CONGRESSIONAL RECORD — SENATE January 25, 2005

‘‘(A) to ensure the permanence of the se- ‘‘(B) MORE THAN 1 UNIT AT A FACILITY.—In an annual quantity of emissions that is less questration; and any case in which more than 1 coal-fired than or equal to— ‘‘(B) to ensure that the sequestration will electricity generating unit at a coal-fired ‘‘(i) in the case of nitrogen oxides, 15 per- not cause or contribute to significant ad- electricity generating facility subject to an cent of the annual emissions by a similar verse effects on the environment. emission limitation under this section was electricity generating facility that has no ‘‘(2) NUMBER OF EMISSION ALLOWANCES.— operated in 1999 under common ownership or controls for emissions of nitrogen oxides; For 2010 and each year thereafter, the Ad- control, compliance with the emission limi- and ministrator shall allocate to each entity de- tation may be determined by averaging the ‘‘(ii) in the case of carbon dioxide, 75 per- scribed in paragraph (1) a number of emis- emission rates of all coal-fired electricity cent of the annual emissions by a similar sion allowances that is equal to the number generating units at the electricity gener- electricity generating facility that has no of tons of carbon dioxide produced by the ating facility during each 30-day period. controls for emissions of carbon dioxide; and electric generating facility during the pre- ‘‘(b) PREVENTION OF RE-RELEASE.— ‘‘(B) each electricity generating facility vious year that is geologically sequestered as ‘‘(1) REGULATIONS.—Not later than July 1, that does not use natural gas as the primary described in paragraph (1). 2006, the Administrator shall promulgate combustion fuel shall achieve, not later than ‘‘(3) USE OF EMISSION ALLOWANCES.—An en- regulations to ensure that any mercury cap- January 1, 2010, an annual quantity of emis- tity that receives an allocation of emission tured or recovered by emission controls in- sions that is less than or equal to— allowances under this subsection may use stalled at an electricity generating facility ‘‘(i) in the case of sulfur dioxide, 5 percent the proceeds from the sale or other transfer is not re-released into the environment. of the annual emissions by a similar elec- of the emission allowances only for the pur- ‘‘(2) REQUIRED ELEMENTS.—The regulations tricity generating facility that has no con- pose of carrying out activities described in shall require— trols for emissions of sulfur dioxide; and this subsection. ‘‘(A) daily covers on all active waste dis- ‘‘(ii) in the case of mercury, 10 percent of ‘‘SEC. 708. MERCURY EMISSION LIMITATIONS. posal units, and permanent covers on all in- the annual emissions by a similar electricity ‘‘(a) IN GENERAL.— active waste disposal units, to prevent the generating facility that has no controls in- ‘‘(1) REGULATIONS.— release of mercury into the air; cluded specifically for the purpose of con- ‘‘(A) IN GENERAL.—Not later than 1 year ‘‘(B) monitoring of groundwater to ensure trolling emissions of mercury; and after the date of enactment of this title, the that mercury or mercury compounds do not ‘‘(2) the applicable permit under this Act Administrator shall promulgate regulations migrate from the waste disposal unit; for each electricity generating facility shall to establish emission limitations for mer- ‘‘(C) waste disposal siting requirements be deemed to incorporate a requirement for cury emissions by coal-fired electricity gen- and cleanup requirements to protect ground- achievement of the reduced levels of emis- erating facilities. water and surface water resources; sions specified in paragraph (1). ‘‘(B) NO EXCEEDANCE OF NATIONAL LIMITA- ‘‘(D) elimination of agricultural applica- ‘‘SEC. 711. PROHIBITIONS. TION.—The regulations shall ensure that the tion of coal combustion wastes; and ‘‘It shall be unlawful— national limitation for mercury emissions ‘‘(E) appropriate limitations on mercury ‘‘(1) for the owner or operator of any elec- from each coal-fired electricity generating emissions from sources or processes that re- tricity generating facility— facility established under section 704(a)(4) is process or use coal combustion waste, in- ‘‘(A) to operate the electricity generating not exceeded. cluding manufacturers of wallboard and ce- facility in noncompliance with the require- ‘‘(C) EMISSION LIMITATIONS FOR 2009 AND ment. ments of this title (including any regulations THEREAFTER.—In carrying out subparagraph ‘‘SEC. 709. OTHER HAZARDOUS AIR POLLUTANTS. implementing this title); (A), for 2009 and each year thereafter, the ‘‘(a) IN GENERAL.—Not later than January Administrator shall not— ‘‘(B) to fail to submit by the required date 1, 2006, the Administrator shall issue to own- any emission allowances, or pay any penalty, ‘‘(i) subject to subsections (e) and (f) of sec- ers and operators of coal-fired electricity tion 112, establish limitations on emissions for which the owner or operator is liable generating facilities requests for informa- under section 705; of mercury from coal-fired electricity gener- tion under section 114 that are of sufficient ating facilities that allow emissions in ex- ‘‘(C) to fail to provide and comply with any scope to generate data sufficient to support plan to offset excess emissions required cess of 2.48 grams of mercury per 1000 mega- issuance of standards under section 112(d) for watt hours; or under section 705(f); or hazardous air pollutants other than mercury ‘‘(D) to emit mercury in excess of the emis- ‘‘(ii) differentiate between facilities that emitted by coal-fired electricity generating burn different types of coal. sion limitations established under section facilities. 708; or ‘‘(2) ANNUAL REVIEW AND DETERMINATION.— ‘‘(b) DEADLINE FOR SUBMISSION OF RE- ‘‘(A) IN GENERAL.—Not later than April 1 of ‘‘(2) for any person to hold, use, or transfer QUESTED INFORMATION.—The Administrator any emission allowance allocated under this each year, the Administrator shall— shall require each recipient of a request for title except in accordance with regulations ‘‘(i) review the total mercury emissions information described in subsection (a) to promulgated by the Administrator. during the 2 previous years from electricity submit the requested data not later than 180 generating facilities located in all States; days after the date of the request. ‘‘SEC. 712. MODERNIZATION OF ELECTRICITY GENERATING FACILITIES. and ‘‘(c) PROMULGATION OF EMISSION STAND- ‘‘(a) IN GENERAL.—Beginning on the later ‘‘(ii) determine whether, during the 2 pre- ARDS.—The Administrator shall— vious years, the total mercury emissions ‘‘(1) not later than January 1, 2006, propose of January 1, 2014, or the date that is 40 from facilities described in clause (i) exceed- emission standards under section 112(d) for years after the date on which the electricity ed the national limitation for mercury emis- hazardous air pollutants other than mer- generating facility commences operation, sions established under section 704(a)(4). cury; and each electricity generating facility shall be ‘‘(B) EXCEEDANCE OF NATIONAL LIMITA- ‘‘(2) not later than January 1, 2007, promul- subject to emission limitations reflecting TION.—If the Administrator determines gate emission standards under section 112(d) the application of best available control under subparagraph (A)(ii) that, during the 2 for hazardous air pollutants other than mer- technology on a new major source of a simi- previous years, the total mercury emissions cury. lar size and type (as determined by the Ad- from facilities described in subparagraph ‘‘(d) PROHIBITION ON EXCESS EMISSIONS.—It ministrator) as determined in accordance (A)(i) exceeded the national limitation for shall be unlawful for an electricity gener- with the procedures specified in part C of mercury emissions established under section ating facility subject to standards for haz- title I. 704(a)(4), the Administrator shall, not later ardous air pollutants other than mercury ‘‘(b) ADDITIONAL REQUIREMENTS.—The re- than 1 year after the date of the determina- promulgated under subsection (c) to emit, quirements of this section shall be in addi- tion, revise the regulations promulgated after December 31, 2008, any such pollutant tion to the other requirements of this title. under paragraph (1) to reduce the emission in excess of the standards. ‘‘SEC. 713. RELATIONSHIP TO OTHER LAW. rates specified in the regulations as nec- ‘‘(e) EFFECT ON OTHER LAW.—Nothing in ‘‘(a) IN GENERAL.—Except as expressly pro- essary to ensure that the national limitation this section or section 708 affects any re- vided in this title, nothing in this title— for mercury emissions is not exceeded in any quirement of subsection (e), (f)(2), or ‘‘(1) limits or otherwise affects the applica- future year. (n)(1)(A) of section 112, except that the emis- tion of any other provision of this Act; or ‘‘(3) COMPLIANCE FLEXIBILITY.— sion limitations established by regulations ‘‘(2) precludes a State from adopting and ‘‘(A) IN GENERAL.—Each coal-fired elec- promulgated under this section shall be enforcing any requirement for the control of tricity generating facility subject to an deemed to represent the maximum achiev- emissions of air pollutants that is more emission limitation under this section shall able control technology for mercury emis- stringent than the requirements imposed be in compliance with that limitation if that sions from electricity generating units under under this title. limitation is greater than or equal to the section 112(d). ‘‘(b) REGIONAL SEASONAL EMISSION CON- quotient obtained by dividing— ‘‘SEC. 710. EFFECT OF FAILURE TO PROMULGATE TROLS.—Nothing in this title affects any re- ‘‘(i) the total mercury emissions of the REGULATIONS. gional seasonal emission control for nitrogen coal-fired electricity generating facility dur- ‘‘If the Administrator fails to promulgate oxides established by the Administrator or a ing each 30-day period; by regulations to implement and enforce the State under title I.’’. ‘‘(ii) the quantity of electricity generated limitations specified in section 704— (b) CONFORMING AMENDMENT.—Section by the coal-fired electricity generating facil- ‘‘(1)(A) each electricity generating facility 412(a) of the Clean Air Act (42 U.S.C. ity during that period. shall achieve, not later than January 1, 2010, 7651k(a)) is amended in the first sentence by

VerDate jul 14 2003 03:54 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.077 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S471 striking ‘‘opacity’’ and inserting ‘‘mercury, ‘‘(III) such other provisions as the Admin- responsible States in the Nation. Maine opacity,’’. istrator determines to be necessary.’’. has fewer emissions of the pollutants SEC. 3. SAVINGS CLAUSE. SEC. 5. AUTHORIZATION OF APPROPRIATIONS that cause smog and acid rain than all Section 193 of the Clean Air Act (42 U.S.C. FOR DEPOSITION MONITORING. but a handful of States. It also has one (a) OPERATIONAL SUPPORT.—In addition to 7515) is amended by striking ‘‘date of the en- of the lowest emissions of carbon diox- actment of the Clean Air Act Amendments of amounts made available under any other 1990’’ each place it appears and inserting law, there are authorized to be appropriated ide nationwide. ‘‘date of enactment of the Clean Power Act for each of fiscal years 2006 through 2015— Unfortunately, despite the collective of 2005’’. (1) for operational support of the National environmental commitment of both its Atmospheric Deposition Program National SEC. 4. ACID PRECIPITATION RESEARCH PRO- citizens and industries, Maine still suf- GRAM. Trends Network— fers from air pollution. Every fresh- Section 103(j) of the Clean Air Act (42 (A) $2,000,000 to the United States Geologi- water lake, river, and stream in Maine U.S.C. 7403(j)) is amended— cal Survey; is subject to a State mercury advisory (B) $600,000 to the Environmental Protec- (1) in paragraph (3)— that warns pregnant women and young (A) in subparagraph (F)(i), by striking ‘‘ef- tion Agency; (C) $600,000 to the National Park Service; children to limit consumption of fish fects; and’’ and inserting ‘‘effects, including caught in those waters. Even Acadia an assessment of— and ‘‘(I) acid-neutralizing capacity; and (D) $400,000 to the Forest Service; National Park, one of our most beau- ‘‘(II) changes in the number of water bodies (2) for operational support of the National tiful national parks, experiences days in the sensitive ecosystems referred to in Atmospheric Deposition Program Mercury in which visibility is obscured by smog. subparagraph (G)(ii) with an acid-neutral- Deposition Network— Where does all this pollution come izing capacity greater than zero; and’’; and (A) $400,000 to the Environmental Protec- from? A large part of it comes from a tion Agency; (B) by adding at the end the following: relatively small number of mostly ‘‘(G) SENSITIVE ECOSYSTEMS.— (B) $400,000 to the United States Geological Survey; coal-fired powerplants that exploit ‘‘(i) IN GENERAL.—Beginning in 2006, and loopholes to escape the provisions of every 4 years thereafter, the report under (C) $100,000 to the National Oceanic and At- subparagraph (E) shall include— mospheric Administration; and the Clean Air Act. Coal-fired power- ‘‘(I) an identification of environmental ob- (D) $100,000 to the National Park Service; plants are the single largest source of jectives necessary to be achieved (and re- (3) for the National Atmospheric Deposi- air pollution, mercury contamination, lated indicators to be used in measuring tion Program Atmospheric Integrated Re- and greenhouse gas emissions in the achievement of the objectives) to adequately search Monitoring Network $1,500,000 to the Nation. A single coal-fired powerplant National Oceanic and Atmospheric Adminis- protect and restore sensitive ecosystems; can emit more of the pollutants that and tration; (4) for the Clean Air Status and Trends cause smog and acid rain than all of ‘‘(II) an assessment of the status and the cars, factories, and businesses in trends of the environmental objectives and Network $5,000,000 to the Environmental indicators identified in previous reports Protection Agency; and Maine combined. under this paragraph. (5) for the Temporally Integrated Moni- As the easternmost State in the Na- ‘‘(ii) SENSITIVE ECOSYSTEMS TO BE AD- toring of Ecosystems and Long-Term Moni- tion, Maine is downwind of almost all DRESSED.—Sensitive ecosystems to be ad- toring Program $2,500,000 to the Environ- powerplants in the United States. dressed under clause (i) include— mental Protection Agency. Many of the pollutants emitted by (b) MODERNIZATION.—In addition to ‘‘(I) the Adirondack Mountains, mid-Appa- amounts made available under any other these powerplants—mercury, sulfur di- lachian Mountains, Rocky Mountains, and law, there are authorized to be appro- oxide, nitrogen oxides, and carbon di- southern Blue Ridge Mountains; priated— oxide—end up in or over Maine. Air- ‘‘(II) the Great Lakes, Lake Champlain, (1) for equipment and site modernization of borne mercury falls into our lakes and Long Island Sound, and the Chesapeake Bay; the National Atmospheric Deposition Pro- and streams, contaminating freshwater fish gram National Trends Network $6,000,000 to ‘‘(III) other sensitive ecosystems, as deter- and threatening our people’s health. the Environmental Protection Agency; mined by the Administrator. Carbon dioxide is causing climate (2) for equipment and site modernization ‘‘(H) ACID DEPOSITION STANDARDS.—Begin- change that threatens to alter Maine’s and network expansion of the National At- ning in 2006, and every 4 years thereafter, the mospheric Deposition Program Mercury Dep- delicate ecological balance. Sulfur di- report under subparagraph (E) shall include osition Network $2,000,000 to the Environ- oxide and nitrogen oxides come to a revision of the report under section 404 of mental Protection Agency; Maine in the form of acid rain and Public Law 101–549 (42 U.S.C. 7651 note) that (3) for equipment and site modernization smog that damage the health of our includes a reassessment of the health and and network expansion of the National At- chemistry of the lakes and streams that people and the health of our environ- mospheric Deposition Program Atmospheric were subjects of the original report under ment. Integrated Research Monitoring Network that section.’’; and A single powerplant can emit nearly $1,000,000 to the National Oceanic and At- (2) by adding at the end the following: a ton of mercury in a single year. mospheric Administration; and ‘‘(4) PROTECTION OF SENSITIVE ECO- That’s equivalent to incinerating over (4) for equipment and site modernization SYSTEMS.— and network expansion of the Clean Air Sta- one million mercury thermometers and ‘‘(A) DETERMINATION.—Not later than De- tus and Trends Network $4,600,000 to the En- is enough to contaminate millions of cember 31, 2012, the Administrator, taking vironmental Protection Agency. acres of freshwater lakes. In contrast, into consideration the findings and rec- (c) AVAILABILITY OF AMOUNTS.—Each of the Maine has zero powerplant emissions of ommendations of the report revisions under amounts appropriated under subsection (b) mercury. This bill would reduce mer- paragraph (3)(H), shall determine whether shall remain available until expended. emission reductions under titles IV and VII cury emissions from powerplants by 90 SEC. 6. TECHNICAL AMENDMENTS. are sufficient to— percent. Title IV of the Clean Air Act (relating to ‘‘(i) achieve the necessary reductions iden- Powerplants are also one of the larg- noise pollution) (42 U.S.C. 7641 et seq.)— tified under paragraph (3)(F); and (1) is amended by redesignating sections est contributors of greenhouse gas ‘‘(ii) ensure achievement of the environ- 401 through 403 as sections 801 through 803, emissions in the United States. In fact, mental objectives identified under paragraph respectively; and powerplants account for 40 percent of (3)(G). (2) is redesignated as title VIII and moved our carbon dioxide emissions, which ‘‘(B) REGULATIONS.— to appear at the end of that Act. scientists believe are the primary ‘‘(i) IN GENERAL.—Not later than 2 years after the Administrator makes a determina- Ms. COLLINS. Mr. President, I rise cause of man-made global warming. tion under subparagraph (A) that emission today to join Senator JEFFORDS and I recently had the opportunity to reductions are not sufficient, the Adminis- Senator LIEBERMAN in introducing the view firsthand some of the dramatic trator shall promulgate regulations to pro- Clean Power Act of 2005. This bill impacts of global warming. In August, tect the sensitive ecosystems referred to in closes the loophole that has allowed I traveled with Senator MCCAIN and paragraph (3)(G)(ii). the dirtiest, most polluting power several other Senators to the northern- ‘‘(ii) CONTENTS.—Regulations under clause plants in the Nation to escape signifi- most community in the world. We vis- (i) shall include modifications to— cant pollution controls for more than ited Ny-Alesund on the Norwegian is- ‘‘(I) provisions relating to nitrogen oxide ° and sulfur dioxide emission reductions; 30 years. land of Spitsbergen. Located at 79 N, ‘‘(II) provisions relating to allocations of Maine is one of the most beautiful Ny-Alesund lies well north of the Arc- nitrogen oxide and sulfur dioxide allowances; and pristine States in the Nation. It is tic Circle and is much closer to the and also one of the most environmentally North Pole than to Oslo, the country’s

VerDate jul 14 2003 03:54 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.077 S25PT1 S472 CONGRESSIONAL RECORD — SENATE January 25, 2005 capital. It has even served as a starting tic salmon streams; mercury that con- While I recognize that the pollutants point for several polar expeditions. taminates our lakes, rivers and listed under the Clean Air Act were Scientists tell us that the global cli- streams; and poses health risks to chil- chosen in order to achieve healthier air mate is changing more rapidly than at dren and the unborn, and climate for humans by cutting back on smog any time since the beginning of civili- variabilities from manmade carbon di- and soot, and also for mercury con- zation. They further state that the re- oxide emissions that cause severe tamination, I believe it is long past due gion of the globe changing most rap- shifts in our weather patterns. Maine that carbon dioxide be recognized as a idly is the Arctic. The changes are re- currently leads the nation in asthma pollutant that is harming the health of markable and disturbing. cases per capita, which is not a sur- the planet, and indirectly, all of us. In the last 30 years, the Arctic has prise, but which it can do little about I am supporting the goal of CO2 emis- lost sea-ice cover over an area 10 times when nearly 80 percent of the State’s sions reduction in the Jeffords’ bill in as large as the State of Maine. In the dirty air—some days as high as 90 per- the hopes that the bill will be a ral- summer, the change is even more dra- cent—is not of their own making but is lying point to further the debate for re- matic, with twice as much ice loss. The transported by winds blowing in from ducing CO2 and at the same time, get ice that remains is as much as 40% the Midwest and Southeast. our air cleaner on a quicker timeframe. thinner than it was just a few decades This bill will dramatically cut aggre- In particular, Congress needs to de- ago. In addition to disappearing sea- gate power plant emissions by 2010 for velop a market mechanism approach ice, Arctic glaciers are also rapidly re- the four major power plant pollutants: for CO2 emissions trading—such as we treating. In Ny-Alesund, Senator nitrogen oxides (NOX), the primary now have for acid rain—to allow U.S. MCCAIN and I witnessed massive blocks cause of smog, by 71 percent from 2000 industries the flexibility and certainty of ice falling off glaciers that had al- levels; sulfur dioxide (SO ), that causes 2 to reduce CO2 emissions without the ready retreated well back from the acid rain and respiratory disease, by 81 threat of higher energy production shores where they once rested. percent from 2000 levels; mercury (Hg), costs in the future that will be passed The Clean Power Act takes an impor- which poisons our lakes and rivers, on to the consumer. I will continue to tant step in addressing global warming causing fish to be unfit for human con- work with my colleagues, the White by reducing powerplant emissions of sumption, through a 90 percent reduc- House and representatives from various carbon dioxide to 2000 levels by the tion by 2009; and carbon dioxide (CO2), industry groups, and environmental or- year 2010. Although doing so will not the greenhouse gas most directly ganizations to achieve this goal. solve the problem of global warming, it linked to global climate change, by 21 The bottom line is that we have the is an important first step. In light of percent from 2000 levels. Of note, the opportunity to raise the bar for cleaner the rapid warming in the Arctic and NOX, SO2, and mercury reductions are domestic energy production in an eco- the significance that this warming por- set at levels that are known to be cost- nomically effective manner. Solutions tends for the rest of the planet, reduc- effective with available technology. exist in available and developing tech- ing carbon dioxide emissions is a step The Clean Power Act will also elimi- nologies, and most of all in the entre- that we can no longer afford to put off. nate the outdated coal-burning power preneurial spirit of the American peo- I am pleased that the Senate Envi- plants that were grandfathered in ple who want a cleaner and healthier ronment and Public Works Committee under the Clean Air Act unless they environment, including those in Maine will be considering clean air legislation apply the best available pollution con- who want to ensure that the State’s in the 109th Congress. The Jeffords-Col- trol technology by their 40th birthday pristine lakes and coast will remain lins-Lieberman bill does more to re- or 2014, whichever is later. The think- clean and our forests and fish healthy duce smog, acid rain, mercury pollu- ing for the exemption in the Clean Air for generations to come. tion, and global warming than any Act was based, at the time, on the as- My State of Maine is leading the way other bill. Our bill provides more pub- sumption that the plants would not in attempting to reduce CO emissions lic health and environmental benefits stay on line much longer. However, as 2 as it is the first state in the nation to than any other serious proposal, and it energy has gotten more expensive, enact a law setting goals for the reduc- provides those benefits sooner. companies are keeping these older, tion of global warming emissions, I believe it is time to stop acid rain, dirtier plants up and running. free our lakes from mercury pollution, Furthermore, just as the Clean Air through An Act to Provide Leadership reduce global warming, and eliminate Act already provides tradable allow- in Addressing the Threat of Climate the smog that drifts in to obscure ances for sulfur dioxide that causes Change. The Act requires Maine to de- Maine skies and jeopardize our health. acid rain, the Jeffords’ legislation also velop a climate change action plan to I look forward to working with the ad- allows for tradable allowances to con- reduce carbon dioxide emissions to 1990 ministration and my colleagues on trol emissions for three other pollut- levels by 2010, 10 percent below 1990 lev- els by 2020, and by as much as 75 to 80 both sides of the aisle to provide clean- ants—NOX, SOX, and CO2—by using er air. market-oriented mechanisms to meet percent over the long term. These are Ms. SNOWE. Mr. President, I rise emissions reduction requirements. the cuts previously agreed to by the today to cosponsor Senator JEFFORDS’ The tradable allowances would be New England Governors and Eastern bill—as I have in the last three Con- distributed to five main categories, in- Canadian Premiers. The State law will gresses—because I remain dedicated to cluding 63 percent or more to house- also inventory and reduce CO2 emis- reducing power plant emissions that holds; six percent for transition assist- sions from state-funded programs and cause some of the Nation’s—and ance to affected communities and in- facilities, and to spur at least 50 part- Maine’s—most serious public health dustries, which will decline over time; nerships with businesses and non-profit and environmental problems. up to 20 percent to renewable energy organizations to reduce CO2 emissions. For too many years, coal-burning generation, efficiency projects and While Maine was the first to put into power plants exempt from emissions cleaner energy sources, based on avoid- effect a comprehensive climate change standards under the Clean Air Act have ed pollution; 10 percent to existing law, other states from the Northeast created massive pollution problems for electric generating facilities based on and around the country have taken, or the Northeast because whatever spews 2003 output; and up to 1.5 percent of the are currently taking, actions to ad- out of their smokestacks in the Mid- carbon dioxide allowances for biologi- dress climate change at the state or re- west, blows into the Northeast, includ- cal and geological carbon sequestra- gional level. The Jeffords’ legislation ing my State of Maine, giving it the tion. Of note, trading will not be al- calls for Federal leadership as well and dubious distinction of being at the lowed if it enables a power plant to pol- sends a powerful message to those who ‘‘end of the tailpipe’’, so to speak. lute at a level that damages public would heavily pollute our air: your The Jeffords’ legislation calls for re- health or the environment. days are numbered. ductions of power plant emissions for I am disappointed that the Clear I am optimistic that the Congress pollutants that cause smog, soot, res- Skies initiative addresses neither car- can come together with the President, piratory disease; acid rain that kills bon dioxide as a pollutant nor anthro- industry and all those who want clean- our forests and may be affecting Atlan- pogenic emissions reductions for CO2. er, healthier air to create a cohesive

VerDate jul 14 2003 03:54 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.078 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S473 policy that is best suited for our na- the Secretary shall consult with the fol- and maintain the highly successful tion, and I urge my colleagues to sup- lowing: Santa Monica Mountains National port the Jeffords’ four-pollutant legis- ‘‘(1) Directors or other appropriate officials Recreation Area, the world’s largest lation. of organizations recognized by the Secretary urban park, hemmed in on all sides by under section 5902 of this title. development. By Mr. COLEMAN (for himself ‘‘(2) Directors or other appropriate officials of State and local education and training Park and recreational lands provide and Mr. PRYOR): programs. people with a vital refuge from urban S. 151. A bill to amend title 38, ‘‘(3) Representatives of non-governmental life while preserving valuable habitat United States Code, to require an an- organizations that carry out veterans out- and wildlife. With the passage of this nual plan on outreach activities of the reach programs. legislation, Congress will hold true to Department of Veterans Affairs; to the ‘‘(4) Representatives of State and local vet- its original commitment to preserve Committee on Veterans’ Affairs. erans employment organizations. the scenic, natural, and historic set- Mr. COLEMAN. Mr. President, today ‘‘(5) Businesses and professional organiza- ting of the Santa Monica Mountains I am pleased to introduce the Veterans tions. Recreation Area. Benefits Outreach Act of 2005 with my ‘‘(6) Other individuals and organizations that assist veterans in adjusting to civilian With the inclusion of the Rim of the good friend and colleague, Senator life. Valley Corridor in the Santa Monica MARK PRYOR of Arkansas. ‘‘(d) INCORPORATION OF ASSESSMENT OF Mountains Recreation Area, greater ec- The idea for this legislation ema- PREVIOUS ANNUAL PLANS.—In developing an ological health and diversity will be nated from a very troubling story I annual plan under subsection (a), the Sec- promoted, particularly for larger ani- read in my hometown paper, the Saint retary shall take into account the lessons mals like mountain lions, bobcats, and Paul Pioneer Press entitled, ‘‘Wounded learned from the implementation of previous the golden eagle. By creating a single and Forgotten.’’ annual plans under such subsection. contiguous Rim of the Valley Trail, ‘‘(e) INCORPORATION OF RECOMMENDATIONS The article reported that nearly people will enjoy greater access to ex- 600,000 veterans are eligible for benefits TO IMPROVE OUTREACH AND AWARENESS.—In developing an annual plan under subsection isting trails in the Recreational Area. but not receiving them simply because (a), the Secretary shall incorporate the rec- After the study called for in this bill they don’t know they are eligible. ommendations for the improvement of vet- is complete, the Secretary of the Inte- It is clear that we need to do a better erans outreach and awareness activities in- rior and Congress will be in a key posi- job of reaching out to veterans so they cluded in the report submitted to Congress tion to determine whether all or por- get the benefits they have earned. Our by the Secretary pursuant to section 805 of tions of the Rim of the Valley Corridor bill would do this by requiring the Vet- the Veterans Benefits Improvement Act of warrant national park status. erans Administration to develop an an- 2004 (Public Law 108–454).’’. This bill enjoys strong support from nual plan to identify veterans who are (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is local and State officials and I hope eligible for but not receiving their ben- amended by inserting after the item relating that it will have as much strong bipar- efits and an outreach plan to enroll to section 523 the following new item: tisan support this Congress, as it did them. ‘‘523A. Annual plan on outreach activities.’’. last Congress. Congressman ADAM Pretty simply really: matching bene- SCHIFF plans to introduce companion fits with people who have earned them, By Mrs. FEINSTEIN (for herself legislation for this bill in the House and often through a lot of sacrifice for and Mrs. BOXER): and I applaud his commitment to this us and the freedoms we enjoy every S. 153. A bill to direct the Secretary issue. day. of the Interior to conduct a resource I urge my colleagues to support this I hope the Senate will be able to act study of the Rim of the Valley Corridor legislation and I ask unanimous con- on this important legislation early this in the State of California to evaluate sent that the text of this proposed leg- year so my hometown newspaper can alternatives for protecting the re- islation be printed in the RECORD. report that our veterans are always re- sources of the Corridor, and for other There being no objection, the text of membered. purposes; to the Committee on Energy the bill was ordered to be printed in I ask unanimous consent that the and Natural Resources. the RECORD, as follows: text of the bill be printed in the Mrs. FEINSTEIN. Mr. President, I S. 153 RECORD. am pleased to introduce this bill today Be it enacted by the Senate and House of Rep- There being no objection, the text of along with Senator BOXER as cosponsor resentatives of the United States of America in the bill was ordered to be printed in to direct the Interior Secretary to con- Congress assembled, the RECORD, as follows: duct a study to evaluate the suitability SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Rim of the S. 151 and feasibility of expanding the Santa Be it enacted by the Senate and House of Rep- Valley Corridor Study Act’’. Monica National Recreation Area to SEC. 2. DEFINITIONS. resentatives of the United States of America in include the Rim of the Valley Corridor. Congress assembled, In this Act: The Rim of the Valley Corridor encir- (1) CORRIDOR.— SECTION 1. SHORT TITLE. (A) IN GENERAL.—The term ‘‘Corridor’’ This Act may be cited as the ‘‘Veterans cles the San Fernando Valley, La means the land, water, and interests of the Benefits Outreach Act of 2005’’. Crescenta, Simi, Conejo, and Santa Clarita Valleys, consisting of parts of area in the State known as the ‘‘Rim of the SEC. 2. ANNUAL PLAN ON OUTREACH ACTIVITIES. Valley Corridor’’. (a) ANNUAL PLAN REQUIRED.—Subchapter II the Santa Monica Mountains, Santa (B) INCLUSIONS.—The term ‘‘Corridor’’ in- of chapter 5 of title 38, United States Code, Susanna Mountains, San Gabriel cludes the mountains surrounding the San is amended by inserting after section 523 the Mountains, Verdugo Mountains, San Fernando, La Crescenta, Santa Clarita, Simi, following new section: Rafael Hills and connects to the adja- and Conejo valleys in the State. ‘‘§ 523A. Annual plan on outreach activities cent Los Padres and San Bernardino (2) RECREATION AREA.—The term ‘‘Recre- ‘‘(a) ANNUAL PLAN REQUIRED.—The Sec- National Forests. ation Area’’ means the Santa Monica Moun- retary shall prepare each year a plan for the This parcel of land is unique because tains National Recreation Area in the State. outreach activities of the Department for of its rare Mediterranean ecosystem (3) SECRETARY.—The term ‘‘Secretary’’ the following year. and wildlife corridor that stretches means the Secretary of the Interior. ‘‘(b) ELEMENTS.—Each annual plan under (4) STATE.—The term ‘‘State’’ means the subsection (a) shall include the following: north from the Santa Monicas. With State of California ‘‘(1) Plans for efforts to identify veterans the population growth forecasted to SEC. 3. RESOURCE STUDY OF THE RIM OF THE who are not enrolled or registered with the multiply exponentially over the next VALLEY CORRIDOR, CALIFORNIA. Department for benefits or services under several decades, the need for parks to (a) IN GENERAL.—The Secretary shall con- the programs administered by the Secretary. balance out the expected population duct a resource study of the Corridor to ‘‘(2) Plans for informing veterans and their growth has become critical in Cali- evaluate various alternatives for protecting dependents of modifications of the benefits fornia. the resources of the Corridor, including des- and services under the programs adminis- Since the creation of the Santa ignating all or a portion of the Corridor as a tered by the Secretary, including eligibility unit of the Recreation Area. for medical and nursing care and services. Monica Recreation Area in 1978, Fed- (b) REQUIREMENTS.—In conducting the ‘‘(c) COORDINATION IN DEVELOPMENT.—In de- eral, State, and local authorities have study under subsection (a), the Secretary veloping an annual plan under subsection (a), worked successfully together to create shall—

VerDate jul 14 2003 03:54 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.100 S25PT1 S474 CONGRESSIONAL RECORD — SENATE January 25, 2005 (1) seek to achieve the objectives of— every State. The growth and spread of tematically destroyed by effective (A) protecting wildlife populations in the these gangs illustrate the simple fact RICO prosecutions. The legislation also Recreation Area by preserving habitat link- that they are no longer a local prob- recognizes that the core changes, ages and wildlife movement corridors be- lem. They are a national problem, and standing alone, are not sufficient. tween large blocks of habitat in adjoining re- gional open space; require a national solution. This bill is The Gang Prevention and Effective (B) establishing connections along the designed to contribute to that solution Deterrence Act is a comprehensive bill State-designated Rim of the Valley Trail by bringing together Federal, State to increase gang prosecution and pre- System for the purposes of— and local law enforcement, equipping vention efforts. The bill authorizes ap- (i) creating a single contiguous Rim of the them with the right legal tools, and proximately $650 million over the next Valley Trail; and providing authorization for funds to five years to support Federal, State (ii) encompassing major feeder trails con- make this partnership effective. and local law enforcement efforts necting adjoining communities and regional First, let me illustrate the scope of against violent gangs including the transit to the Rim of the Valley Trail Sys- the problem we face: In 2002, there were tem; funding of witness protection programs (C) preserving recreational opportunities; approximately 731,500 gang members and for intervention and prevention (D) facilitating access to open space for a and 21,500 gangs in the United States. programs for at-risk youth. In support variety of recreational users; Additionally, the FBI report on na- of this effort, the bill increases funding (E) protecting— tional crime statistics found that for Federal prosecutors and FBI agents (i) rare, threatened, or endangered plant youth-gang homicides had jumped to to increase coordinated enforcement and animal species; and more than 1,100 in 2002, up from 692 in efforts against violent gangs. (ii) rare or unusual plant communities and 1999. According to a report commis- Witness protection is particularly habitats; sioned by a coalition of big city police important—as an example, recent press (F) protecting historically significant landscapes, districts, sites, and structures; chiefs, gang-related killings sky- reports from Boston show that gang and rocketed by 50 percent from 1999 to members are distributing what is, in (G) respecting the needs of communities in, 2002. In 2002, there were a little more essence, a witness intimidation media or in the vicinity of, the Corridor; than 16,000 homicides in the United kit, complete with graphics and CDs (2) analyze the potential impact of each al- States—more than a thousand of those that warn potential witnesses that ternative on staffing and other potential murders were gang-related. In South- they will be killed—one CD depicts costs to Federal, State, and local agencies ern California alone there have been three bodies on its covers. In another and other organizations; and about 3,100 gang-related killings since incident, a witnesses’ grand jury testi- (3) analyze the potential impact that desig- nating all or a portion of the Corridor as a 1999. 87 percent of U.S. cities with a mony was taped to his home—soon unit of the Recreation Area would have on population of more than 100,000 have afterward he was killed. land in or bordering the area that is pri- reported gang problems, according to The Act also creates new criminal vately owned as of the date on which the the Department of justice. gang prosecution offenses, enhances ex- study is conducted. The bottom line is that this is a isting gang and violent crime penalties (c) CONSULTATION.—In conducting the major problem. to deter and punish illegal street study, the Secretary shall consult with ap- This legislation before us today gangs, proposes violent crime reforms propriate Federal, State, county, and local squarely addresses these serious issues. government entities. needed to effectively prosecute gang (d) APPLICABLE LAW.—Section 8(c) of Pub- Its main point is to create a new type members, and proposes a limited re- lic Law 91–383 (16 U.S.C. 1a–5(c)) shall apply of crime, by defining and criminalizing form of the juvenile justice system to to the conduct and completion of the study ‘‘Criminal Street Gangs.’’ This recog- facilitate Federal prosecution of 16 and required by subsection (a). nizes the basic point of a street gang— 17 year old gang members who commit SEC. 4. REPORT. it is more powerful, and more dan- serious acts of violence—specifically it: (a) IN GENERAL.—Not later than 3 years gerous, than its individual members. Makes recruiting minors to join after the date on which funds are first made Defeating gangs means recognizing criminal street gangs a Federal crime available for the study, the Secretary shall what is so dangerous about them, and submit to the Committee on Energy and and requires offenders to pay the costs Natural Resources of the Senate and to the then making that conduct against the associated with housing and treating Committee on Resources of the House of law. any recruited minor who is prosecuted Representatives a report that describes the This bill does exactly that. It makes for their gang activity. results of the study conducted under section illegal participation in a criminal Makes murder and other violent 3. street gang a federal crime. A ‘‘crimi- crimes committed in connection with (b) INCLUSION.—The report submitted under nal street gang’’ is defined to mean a drug trafficking Federal crimes. subsection shall include the concerns of pri- formal or informal group, club, organi- Creates a new offense of multiple vate landowners within the boundaries of the zation or association of 3 or more per- Recreation Area. interstate murders, where an indi- sons who act together to commit gang vidual crosses State lines and intends By Mrs. FEINSTEIN (for herself, crimes. This legislation makes it a to cause the death of two or more peo- Mr. HATCH, Mr. GRASSLEY, Mr. crime for a member of a criminal ple. CORNYN, and Mr. KYL): street gang to commit, conspire or at- Allows for prosecution of gang mem- S. 155. A bill to increase and enhance tempt to commit two or more predi- bers who cross State lines to obstruct law enforcement resources committed cate gang crimes; or to get another in- justice, intimidate or retaliate against to investigation and prosecution of vio- dividual to commit a gang crime. The witnesses, jurors, informants, or vic- lent gangs, to deter and punish violent term ‘‘gang crime’’ is defined to in- tims. gang crime, to protect law-abiding citi- clude violent and other serious State Creates tougher laws for certain Fed- zens and communities from violent and Federal felony crimes such as: eral crimes like assault, carjacking, criminals, to revise and enhance crimi- murder, maiming, manslaughter, kid- manslaughter, conspiracy, and for spe- nal penalties for violent crimes, to re- napping, arson, robbery, assault with a cific types of crimes occurring in In- form and facilitate prosecution of juve- dangerous weapon, obstruction of jus- dian country. nile gang members who commit violent tice, carjacking, distribution of a con- Requires that someone convicted of crimes, to expand and improve gang trolled substance, certain firearms of- hiring another person to commit mur- prevention programs, and for other fenses and money laundering. And it der be punished with imprisonment, in- purposes; to the Committee on the Ju- criminalizes violent crimes in further- stead of a fine. diciary. ance or in aid of criminal street gangs. Makes sexual assault a predicate act Mrs. FEINSTEIN. Mr. President, I These two provisions are at the heart under RICO and increases the max- rise today to join my good friend and of this legislation. Armed with this imum sentences for these RICO crimes. colleague Senator ORRIN HATCH, to in- new law, Federal prosecutors, working Allows for detention of persons troduce the ‘‘Gang Prevention and Ef- in tandem with State and local law en- charged with firearms who have been fective Deterrence Act of 2005.’’ forcement, will be able to take on previously convicted of prior crimes of Gangs are spreading across our coun- gangs in much the same way that tra- violence or serious drug offenses. Cur- try, increasing in violence and power in ditional Mafia families have been sys- rent law does not allow a prosecutor to

VerDate jul 14 2003 03:54 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.084 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S475 ask that a person be held without bail activity areas. Supporting the Federal S. 155 even if the person has previously been Bureau of Investigation’s Safe Streets Be it enacted by the Senate and House of Rep- convicted of a crime of violence or a se- Program. Creating and expanding wit- resentatives of the United States of America in rious drug offense. This bill would ness protection programs, the hiring of Congress assembled, allow prosecutors to make that request additional State and local prosecutors, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. of a judge but would allow a criminal funding gang prevention and commu- (a) SHORT TITLE.—This Act may be cited as defendant the right to argue why he or nity prosecution programs and pur- the ‘‘Gang Prevention and Effective Deter- she should not be held. chasing equipment to increase the ac- rence Act of 2005’’. (b) TABLE OF CONTENTS.—The table of con- Makes it clear that in a death pen- curate identification and prosecution tents of this Act is as follows: alty case, the case can be tried where of violent offenders. Sec. 1. Short title; table of contents. the murder, or related conduct, oc- The bottom line is that this legisla- TITLE I—CRIMINAL STREET GANG curred. tion would provide the tools and the re- ABATEMENT ACT Extends the time within which a vio- sources to begin that national task of Sec. 100. Findings. lent crime case can be charged and destroying criminal street gangs. It is SUBTITLE A—CRIMINAL LAW REFORMS AND tried. For violent crime cases, the time designed to emphasize and encourage ENHANCED PENALTIES TO DETER AND PUNISH is extended from 5 years to 10 years Federal, State and local cooperation. It ILLEGAL STREET GANG ACTIVITY after the offense occurred or the con- combines enforcement with prevention. Sec. 101. Solicitation or recruitment of per- tinuing offense was completed, and It is a tough, effective and fair ap- sons in criminal street gang ac- from 5 years to 8 years after the date proach. tivity. on which the violation was first discov- Sec. 102. Criminal street gangs. This is not a new bill. I have been ered. Sec. 103. Violent crimes in furtherance or in Permits wiretaps to be used for new working on it for almost ten years. In aid of criminal street gangs. gang crimes created by this bill. 1996, I joined Senator HATCH and others Sec. 104. Interstate and foreign travel or Allows for a murdered witness’s to develop the Federal Gang Violence transportation in aid of crimi- Act, which would have increased crimi- nal street gangs. statements to be admitted at trial in Sec. 105. Amendments relating to violent cases where the defendant caused the nal penalties for gang members, made recruiting persons into a criminal crime in areas of exclusive Fed- witness’s death. eral jurisdiction. Makes clear where a case can be tried street gang a crime, and enhanced pen- Sec. 106. Increased penalties for use of inter- involving retaliation against a wit- alties for transferring a gun to a state commerce facilities in the ness—in either the district where the minor. Many of the provisions of that commission of murder-for-hire case is being tried, or where the intimi- bill were incorporated into the 1999 Ju- and other felony crimes of vio- dation took place. venile Justice bill, which was approved lence. Increases penalties for criminal use overwhelmingly (73–25) by the Senate Sec. 107. Increased penalties for violent crimes in aid of racketeering of firearms in crimes of violence and in the 106th Congress. However, the Ju- venile Justice bill stalled in con- activity. drug trafficking. Sec. 108. Murder and other violent crimes Includes modified juvenile provi- ference, and these provisions were committed during and in rela- sions. This bill will allow prosecutors never signed into law. tion to a drug trafficking to more easily charge 16 and 17 year In the years that followed we kept up crime. olds who are charged with serious vio- our efforts, with Republicans and SUBTITLE B—INCREASED FEDERAL RESOURCES lent felonies. A judge will review every Democrats working together on this TO DETER AND PREVENT AT-RISK YOUTH decision a prosecutor makes to charge critical issue. In the 108th Congress a FROM JOINING ILLEGAL STREET GANGS a juvenile as an adult. version of this bill was introduced, and Sec. 110. Designation of and assistance for Creates and provides assistance for eventually was co-sponsored by Sen- ‘‘high intensity’’ interstate ‘‘High Intensity’’ Interstate Gang Ac- ators HATCH and others. That bill was gang activity areas. tivity areas. This legislation requires the subject of much discussion and de- Sec. 111. Enhancement of project safe neigh- borhoods initiative to improve the Attorney General to designate cer- bate. Some of my colleagues raised enforcement of criminal laws tain locations as ‘‘high intensity inter- some valuable suggestions and criti- against violent gangs. state gang activity areas’’ and provides cisms, many of which were incor- Sec. 112. Additional resources needed by the assistance in the form of criminal porated in the bill last year. The result Federal Bureau of Investigation street gang enforcement teams made of that compromise was reported favor- to investigate and prosecute up of local, State and Federal law en- ably by the Judiciary Committee last violent criminal street gangs. forcement authorities to investigate Fall, but was never considered by the Sec. 113. Grants to State and local prosecu- and prosecute criminal street gangs in full Senate. tors to combat violent crime and to protect witnesses and each high intensity interstate gang ac- The legislation today is the same as victims of crimes. tivity area. that which was approved by the Judici- Sec. 114. Reauthorize the gang resistance Authorizes funding of $500 million for ary Committee, and I hope this year we education and training projects 2004 through 2008 to meet the goals of will move quickly to pass it into law. program. suppression and intervention: $50 mil- That said, I understand that some of TITLE II—VIOLENT CRIME REFORMS lion a year will be used to support the my colleagues are still concerned NEEDED TO DETER AND PREVENT IL- criminal gang enforcement teams. $50 about certain aspects of the bill. My in- LEGAL GANG CRIME million a year will be used to make tention is to continue to negotiate in Sec. 201. Multiple interstate murder. grants available for community-based the weeks ahead. I am open to change, Sec. 202. Expansion of rebuttable presump- programs to provide for crime preven- and welcome further discussion and tion against release of persons charged with firearms offenses. tion and intervention services for gang analysis. members and at-risk youth in areas Sec. 203. Venue in capital cases. We all agree that gangs are a terrible Sec. 204. Statute of limitations for violent designated as high intensity interstate and growing problem. We all agree that crime. gang activity areas. something needs to be done. I believe Sec. 205. Predicate crimes for authorization Authorizes $150 million over five that this legislation is desperately of interception of wire, oral, years to support anti-gang efforts in- needed, and I look forward to working and electronic communications. cluding: Expanding the Project Safe Sec. 206. Clarification to hearsay exception with my colleagues on both sides of the Neighborhood program to require U.S. for forfeiture by wrongdoing. aisle to take this bill and make it law. Attorneys to identify and prosecute Sec. 207. Clarification of venue for retalia- significant gangs within their district; I ask unanimous consent that the tion against a witness. coordinating such prosecutions among text of the bill be printed in the Sec. 208. Amendment of sentencing guide- RECORD. lines relating to certain gang all local, State, and Federal law en- and violent crimes. forcement; and coordinating criminal There being no objection, the text of Sec. 209. Increased penalties for criminal use street gang enforcement teams in des- the bill was ordered to be printed in of firearms in crimes of vio- ignated high intensity interstate gang the RECORD, as follows: lence and drug trafficking.

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Sec. 210. Possession of firearms by dan- ‘‘(2) MINOR.—The term ‘minor’ means a ‘‘(i) section 844 (relating to explosive mate- gerous felons. person who is less than 18 years of age. rials); Sec. 211. Conforming amendment. ‘‘(c) PENALTIES.—Any person who violates ‘‘(ii) section 922(g)(1) (where the underlying TITLE III—JUVENILE CRIME REFORM subsection (a) shall— conviction is a violent felony (as defined in FOR VIOLENT OFFENDERS ‘‘(1) be imprisoned not more than 5 years, section 924(e)(2)(B) of this title) or is a seri- fined under this title, or both; or Sec. 301. Treatment of Federal juvenile of- ous drug offense (as defined in section ‘‘(2) if the person recruited, solicited, in- fenders. 924(e)(2)(A) of this title)); Sec. 302. Notification after arrest. duced, commanded, or caused to participate ‘‘(iii) subsection (a)(2), (b), (c), (g), or (h) of Sec. 303. Release and detention prior to dis- or remain in a criminal street gang is under section 924 (relating to receipt, possession, position. the age of 18— and transfer of firearms); Sec. 304. Speedy trial. ‘‘(A) be imprisoned for not more than 10 ‘‘(iv) sections 1028 and 1029 (relating to Sec. 305. Federal sentencing guidelines. years, fined under this title, or both; and fraud and related activity in connection with ‘‘(B) at the discretion of the sentencing identification documents or access devices); TITLE I—CRIMINAL STREET GANG judge, be liable for any costs incurred by the ‘‘(v) section 1503 (relating to obstruction of ABATEMENT ACT Federal Government, or by any State or justice); SEC. 100. FINDINGS. local government, for housing, maintaining, ‘‘(vi) section 1510 (relating to obstruction Congress finds that— and treating the person until the person at- of criminal investigations); (1) violent crime and drug trafficking are tains the age of 18 years.’’. ‘‘(vii) section 1512 (relating to tampering pervasive problems at the national, State, SEC. 102. CRIMINAL STREET GANGS. with a witness, victim, or informant), or sec- and local level; (a) CRIMINAL STREET GANG PROSECU- tion 1513 (relating to retaliating against a (2) the crime rate is exacerbated by the as- TIONS.—Section 521 of title 18, United States witness, victim, or informant); sociation of persons in gangs to commit acts Code, is amended to read as follows: ‘‘(viii) section 1708 (relating to theft of sto- of violence and drug offenses; ‘‘§ 521. Criminal street gang prosecutions len mail matter); (3) according to the most recent National ‘‘(ix) section 1951 (relating to interference ‘‘(a) DEFINITIONS.—As used in this chapter: Drug Threat Assessment, criminal street with commerce, robbery or extortion); ‘‘(1) CRIMINAL STREET GANG.—The term gangs are responsible for the distribution of ‘‘(x) section 1952 (relating to racketeering); much of the cocaine, methamphetamine, ‘criminal street gang’ means a formal or in- ‘‘(xi) section 1956 (relating to the laun- heroin, and other illegal drugs being distrib- formal group, club, organization, or associa- dering of monetary instruments); uted in rural and urban communities tion of 3 or more individuals, who individ- ‘‘(xii) section 1957 (relating to engaging in throughout the United States; ually, jointly, or in combination, have com- monetary transactions in property derived (4) gangs commit acts of violence or drug mitted or attempted to commit for the di- from specified unlawful activity); offenses for numerous motives, such as mem- rect or indirect benefit of, at the direction ‘‘(xiii) section 1958 (relating to use of inter- bership in or loyalty to the gang, for pro- of, in furtherance of, or in association with state commerce facilities in the commission tecting gang territory, and for profit; the group, club organization, or association of murder-for-hire); or (5) gang presence has a pernicious effect on at least 2 separate acts, each of which is a ‘‘(xiv) sections 2312 through 2315 (relating the free flow of commerce in local businesses predicate gang crime, 1 of which occurs after to interstate transportation of stolen motor and directly affects the freedom and security the date of enactment of the Gang Preven- vehicles or stolen property); or of communities plagued by gang activity; tion and Effective Deterrence Act of 2004 and ‘‘(C) any act involving the Immigration (6) gangs often recruit and utilize minors the last of which occurs not later than 10 and Nationality Act, section 274 (relating to to engage in acts of violence and other seri- years (excluding any period of imprison- bringing in and harboring certain aliens), ous offenses out of a belief that the criminal ment) after the commission of a prior predi- section 277 (relating to aiding or assisting justice systems are more lenient on juvenile cate gang crime, and 1 predicate gang crime certain aliens to enter the United States), or offenders; is a crime of violence or involves manufac- section 278 (relating to importation of alien (7) gangs often intimidate and threaten turing, importing, distributing, possessing for immoral purpose). witnesses to prevent successful prosecutions; with intent to distribute, or otherwise deal- ‘‘(3) STATE.—The term ‘State’ means each (8) gang recruitment can be deterred ing in a controlled substance or listed chemi- of the several States of the United States, through increased vigilance, strong criminal cals (as those terms are defined in section 102 the District of Columbia, and any common- penalties, equal partnerships with State and of the Controlled Substances Act (21 U.S.C. wealth, territory, or possession of the United local law enforcement, and proactive inter- 802)) provided that the activities of the States. vention efforts, particularly targeted at ju- criminal street gang affect interstate or for- ‘‘(b) PARTICIPATION IN CRIMINAL STREET veniles, prior to gang involvement; eign commerce, or involve the use of any fa- GANGS.—It shall be unlawful— (9) State and local prosecutors, in hearings cility of, or travel in, interstate or foreign ‘‘(1) to commit, or conspire or attempt to before the Committee on the Judiciary of the commerce. commit a predicate crime— Senate, enlisted the help of Congress in the ‘‘(2) PREDICATE GANG CRIME.—The term ‘‘(A) in furtherance or in aid of the activi- prevention, investigation, and prosecution of ‘predicate gang crime’ means— ties of a criminal street gang; gang crimes and in the protection of wit- ‘‘(A) any act, threat, conspiracy, or at- ‘‘(B) for the purpose of gaining entrance to nesses and victims of gang crimes; and tempted act, which is chargeable under Fed- or maintaining or increasing position in such (10) because State and local prosecutors eral or State law and punishable by impris- a gang; or and law enforcement have the expertise, ex- onment for more than 1 year involving— ‘‘(C) for the direct or indirect benefit of the perience, and connection to the community ‘‘(i) murder; criminal street gang, or in association with that is needed to combat gang violence, con- ‘‘(ii) manslaughter; the criminal street gang; or sultation and coordination between Federal, ‘‘(iii) maiming; ‘‘(2) to employ, use, command, counsel, State, and local law enforcement is critical ‘‘(iv) assault with a dangerous weapon; persuade, induce, entice, or coerce any indi- to the successful prosecutions of criminal ‘‘(v) assault resulting in serious bodily in- vidual to commit, cause to commit, or facili- street gangs. jury; tate the commission of, a predicate gang ‘‘(vi) gambling; Subtitle A—Criminal Law Reforms and En- crime— ‘‘(vii) kidnapping; ‘‘(A) in furtherance or in aid of the activi- hanced Penalties To Deter and Punish Ille- ‘‘(viii) robbery; gal Street Gang Activity ties of a criminal street gang; ‘‘(ix) extortion; ‘‘(B) for the purpose of gaining entrance to SEC. 101. SOLICITATION OR RECRUITMENT OF ‘‘(x) arson; or maintaining or increasing position in such PERSONS IN CRIMINAL STREET ‘‘(xi) obstruction of justice; a gang; or GANG ACTIVITY. ‘‘(xii) tampering with or retaliating Chapter 26 of title 18, United States Code, ‘‘(C) for the direct or indirect benefit or against a witness, victim, or informant; the criminal street gang, or in association is amended by adding at the end the fol- ‘‘(xiii) burglary; lowing: with the criminal street gang. ‘‘(xiv) sexual assault (which means any of- ‘‘(c) PENALTIES.—Whoever violates para- ‘‘§ 522. Recruitment of persons to participate fense that involves conduct that would vio- graph (1) or (2) of subsection (b)— in a criminal street gang late chapter 109A if the conduct occurred in ‘‘(1) shall be fined under this title, impris- ‘‘(a) PROHIBITED ACTS.—It shall be unlawful the special maritime and territorial jurisdic- oned for not more than 30 years, or both; and for any person to recruit, employ, solicit, in- tion); ‘‘(2) if the violation is based on a predicate duce, command, or cause another person to ‘‘(xv) carjacking; or gang crime for which the maximum penalty be or remain as a member of a criminal ‘‘(xvi) manufacturing, importing, distrib- includes life imprisonment, shall be fined street gang, or conspire to do so, with the in- uting, possessing with intent to distribute, under this title, imprisoned for any term of tent to cause that person to participate in an or otherwise dealing in a controlled sub- years or for life, or both. offense described in section 521(a). stance or listed chemicals (as those terms ‘‘(d) FORFEITURE.— ‘‘(b) DEFINITION.—In this section: are defined in section 102 of the Controlled ‘‘(1) IN GENERAL.—The court, in imposing ‘‘(1) CRIMINAL STREET GANG.—The term Substances Act (21 U.S.C. 802)); sentence on a person who is convicted of an ‘criminal street gang’ shall have the same ‘‘(B) any act punishable by imprisonment offense under this section, shall order that meaning as in section 521(a) of this title. for more than 1 year under— the defendant forfeit to the United States—

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‘‘(A) any property, real or personal, consti- (b) CLERICAL AMENDMENT.—The table of CRIMES OF VIOLENCE.—Section 924(h) of title tuting or traceable to gross proceeds ob- sections at the beginning of chapter 26 of 18, United States Code, is amended to read as tained from such offense; and title 18, United States Code, is amended by follows: ‘‘(B) any property used or intended to be adding at the end the following: ‘‘(h) ILLEGAL TRANSFERS.—Whoever know- used, in any manner or part, to commit or to ‘‘522. Recruitment of persons to partici- ingly transfers a firearm, knowing that the facilitate the commission of such violation. pate in a criminal street gang. firearm will be used to commit, or possessed ‘‘(2) CRIMINAL PROCEDURES.—The proce- ‘‘523. Violent crimes in furtherance of a in furtherance of, a crime of violence (as de- dures set forth in section 413 of the Con- criminal street gang.’’. fined in subsection (c)(3)) or drug trafficking trolled Substances Act (21 U.S.C. 853), other SEC. 104. INTERSTATE AND FOREIGN TRAVEL OR crime (as defined in subsection (c)(2)), shall than subsection (d) of that section, and in TRANSPORTATION IN AID OF RACK- be imprisoned for not more than 10 years, rule 32.2 of the Federal Rules of Criminal ETEERING ENTERPRISES AND fined under this title, or both.’’. CRIMINAL STREET GANGS. Procedure, shall apply to all stages of a Section 1952 of title 18, United States Code, (g) AMENDMENT OF SPECIAL SENTENCING criminal forfeiture proceeding under this is amended— PROVISION.—Section 3582(d) of title 18, section. (1) in subsection (a)— United States Code, is amended— ‘‘(3) CIVIL PROCEDURES.—Property subject (A) by striking ‘‘and thereafter performs or (1) by striking ‘‘chapter 95 (racketeering) to forfeiture under paragraph (1) may be for- attempts to perform’’ and inserting ‘‘and or 96 (racketeer influenced and corrupt orga- feited in a civil case pursuant to the proce- thereafter performs, or attempts or conspires nizations) of this title’’ and inserting ‘‘sec- dures set forth in chapter 46 of this title.’’. to perform’’; tion 521 (criminal street gangs) or 522 (vio- (b) CLERICAL AMENDMENT.—The table of (B) by striking ‘‘5 years’’ and inserting ‘‘10 lent crimes in furtherance or in aid of crimi- sections at the beginning of chapter 26 of years’’; and nal street gangs), in chapter 95 (racket- title 18, United States Code, is amended to (C) by inserting ‘‘punished by death or’’ eering) or 96 (racketeer influenced and cor- read as follows: after ‘‘if death results shall be’’; rupt organizations),’’; and ‘‘521. Criminal street gang prosecu- (2) by redesignating subsections (b) and (c) (2) by inserting ‘‘a criminal street gang or’’ tions.’’. as subsections (c) and (d), respectively; before ‘‘an illegal enterprise’’. SEC. 103. VIOLENT CRIMES IN FURTHERANCE OR (3) by inserting after subsection (a) the fol- (h) CONFORMING AMENDMENT RELATING TO IN AID OF CRIMINAL STREET GANGS. lowing: ORDERS FOR RESTITUTION.—Section 3663(c)(4) (a) VIOLENT CRIMES AND CRIMINAL STREET ‘‘(b) Whoever travels in interstate or for- of title 18, United States Code, is amended by GANG RECRUITMENT.—Chapter 26 of title 18, eign commerce or uses the mail or any facil- striking ‘‘chapter 46 or chapter 96 of this United States Code, as amended by section ity in interstate or foreign commerce, with title’’ and inserting ‘‘section 521, under chap- 101, is amended by adding at the end the fol- the intent to kill, assault, bribe, force, in- ter 46 or 96,’’. lowing: timidate, or threaten any person, to delay or (i) SPECIAL PROVISION FOR INDIAN COUN- ‘‘§ 523. Violent crimes in furtherance or in aid influence the testimony of, or prevent from TRY.—No person subject to the criminal ju- of a criminal street gang testifying, a witness in a State criminal pro- risdiction of an Indian tribal government ‘‘(a) Any person who, for the purpose of ceeding and thereafter performs, or attempts shall be subject to section 3559(e) of title 18, gaining entrance to or maintaining or in- or conspires to perform, an act described in United States Code, for any offense for which creasing position in, or in furtherance or in this subsection, shall— Federal jurisdiction is solely predicated on aid of, or for the direct or indirect benefit of, ‘‘(1) be fined under this title, imprisoned Indian country (as defined in section 1151 of or in association with a criminal street gang, for any term of years, or both; and such title 18) and which occurs within the or as consideration for the receipt of, or as ‘‘(2) if death results, be punished by death boundaries of such Indian country unless the consideration for a promise or agreement to or imprisonment for any term of years or for governing body of such Indian tribe elects to pay, anything of pecuniary value to or from life.’’; and subject the persons under the criminal juris- a criminal street gang, murders, kidnaps, (4) in subsection (c)(2), as redesignated diction of the tribe to section 3559(e) of such sexually assaults (which means any offense under subparagraph (B), by inserting ‘‘in- title 18. that involved conduct that would violate timidation of, or retaliation against, a wit- SEC. 106. INCREASED PENALTIES FOR USE OF chapter 109A if the conduct occurred in the ness, victim, juror, or informant,’’ after ‘‘ex- INTERSTATE COMMERCE FACILI- special maritime and territorial jurisdic- tortion, bribery,’’. TIES IN THE COMMISSION OF MUR- DER-FOR-HIRE AND OTHER FELONY SEC. 105. AMENDMENTS RELATING TO VIOLENT tion), maims, assaults with a dangerous CRIMES OF VIOLENCE. weapon, commits assault resulting in serious CRIME IN AREAS OF EXCLUSIVE Section 1958 of title 18, United States Code, bodily injury upon, commits any other crime FEDERAL JURISDICTION. is amended— of violence or threatens to commit a crime (a) ASSAULT WITHIN MARITIME AND TERRI- (1) by striking the header and inserting the of violence against any individual, or at- TORIAL JURISDICTION OF UNITED STATES.— following: tempts or conspires to do so, shall be pun- Section 113(a)(3) of title 18, United States ished, in addition and consecutive to the Code, is amended by striking ‘‘with intent to ‘‘§ 1958. Use of interstate commerce facilities punishment provided for any other violation do bodily harm, and without just cause or in the Commission of murder-for-hire and of this chapter— excuse,’’. other felony crimes of violence’’ (b) MANSLAUGHTER.—Section 1112(b) of title ‘‘(1) for murder, by death or imprisonment ; and 18, United States Code, is amended by— for any term of years or for life, a fine under (2) by amending subsection (a) to read as (1) striking ‘‘ten years’’ and inserting ‘‘20 this title, or both; follows: years’’; and ‘‘(2) for kidnapping or sexual assault, by ‘‘(a) Any person who travels in or causes (2) striking ‘‘six years’’ and inserting ‘‘10 imprisonment for any term of years or for another (including the intended victim) to years’’. life, a fine under this title, or both; travel in interstate or foreign commerce, or (c) OFFENSES COMMITTED WITHIN INDIAN ‘‘(3) for maiming, by imprisonment for any uses or causes another (including the in- COUNTRY.—Section 1153(a) of title 18, United term of years or for life, a fine under this States Code, is amended by inserting ‘‘an of- tended victim) to use the mail or any facil- title, or both; fense for which the maximum statutory term ity in interstate or foreign commerce, with ‘‘(4) for assault with a dangerous weapon or of imprisonment under section 1363 is greater intent that a murder or other felony crime of assault resulting in serious bodily injury, by than 5 years,’’ after ‘‘a felony under chapter violence be committed in violation of the imprisonment for not more than 30 years, a 109A,’’. laws of any State or the United States as fine under this title, or both; (d) RACKETEER INFLUENCED AND CORRUPT consideration for the receipt of, or as consid- ‘‘(5) for any other crime of violence, by im- ORGANIZATIONS.—Section 1961(1) of title 18, eration for a promise or agreement to pay, prisonment for not more than 20 years, a fine United States Code, is amended— anything of pecuniary value, or who con- under this title, or both; (1) in subparagraph (A), by inserting ‘‘, or spires to do so— ‘‘(6) for threatening to commit a crime of would have been so chargeable if the act or ‘‘(1) may be fined under this title and shall violence specified in paragraphs (1) through threat (other than lawful forms of gambling) be imprisoned not more than 20 years; (4), by imprisonment for not more than 10 had not been committed in Indian country ‘‘(2) if personal injury results, may be fined years, a fine under this title, or both; (as defined in section 1151) or in any other under this title and shall be imprisoned for ‘‘(7) for attempting or conspiring to com- area of exclusive Federal jurisdiction,’’ after not more than 30 years; and mit murder, kidnapping, maiming, or sexual ‘‘chargeable under State law’’; and ‘‘(3) if death results, may be fined not more assault, by imprisonment for not more than (2) in subparagraph (B), by inserting ‘‘sec- than $250,000, and shall be punished by death 30 years, a fine under this title, or both; and tion 1123 (relating to multiple interstate or imprisoned for any term of years or for ‘‘(8) for attempting or conspiring to com- murder),’’ after ‘‘section 1084 (relating to the life, or both.’’. mit a crime involving assault with a dan- transmission of wagering information),’’. SEC. 107. INCREASED PENALTIES FOR VIOLENT gerous weapon or assault resulting in serious (e) CARJACKING.—Section 2119 of title 18, CRIMES IN AID OF RACKETEERING bodily injury, by imprisonment for not more United States Code, is amended by striking ACTIVITY. than 20 years, a fine under this title, or both. ‘‘, with the intent to cause death or serious Section 1959(a) of title 18, United States ‘‘(b) DEFINITION.—In this section, the term bodily harm’’. Code, is amended to read as follows: ‘criminal street gang’ has the same meaning (f) CLARIFICATION OF ILLEGAL GUN TRANS- ‘‘(a) Any person who, as consideration for as in section 521 of this title.’’. FERS TO COMMIT DRUG TRAFFICKING CRIME OR the receipt of, or as consideration for a

VerDate jul 14 2003 03:54 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.085 S25PT1 S478 CONGRESSIONAL RECORD — SENATE January 25, 2005 promise or agreement to pay, anything of pe- more than 20 years, a fine under this title, or representing communities within the State cuniary value from an enterprise engaged in both; of the proposed designation. racketeering activity, or for the purpose of ‘‘(6) in the case of threatening to commit a (2) ASSISTANCE.—In order to provide Fed- gaining entrance to or maintaining or in- crime of violence specified in paragraphs (1) eral assistance to high intensity interstate creasing position in an enterprise engaged in through (4), by imprisonment for not more gang activity areas, the Attorney General racketeering activity, or in furtherance or in than 10 years, a fine under such title 18, or shall— aid of an enterprise engaged in racketeering both; (A) establish criminal street gang enforce- activity, murders, kidnaps, sexually assaults ‘‘(7) in the case of attempting or conspiring ment teams, consisting of Federal, State, (which means any offense that involved con- to commit murder, kidnapping, maiming, or and local law enforcement authorities, for duct that would violate chapter 109A if the sexual assault, by imprisonment for not the coordinated investigation, disruption, conduct occurred in the special maritime more than 30 years, a fine under such title 18, apprehension, and prosecution of criminal and territorial jurisdiction), maims, assaults or both; and street gangs and offenders in each high in- with a dangerous weapon, commits assault ‘‘(8) in the case of attempting or conspiring tensity interstate gang activity area; resulting in serious bodily injury upon, or to commit a crime involving assault with a (B) direct the reassignment or detailing threatens to commit a crime of violence dangerous weapon or assault resulting in se- from any Federal department or agency (sub- against any individual in violation of the rious bodily injury, by imprisonment for not ject to the approval of the head of that de- laws of any State or the United States, or at- more than 20 years, a fine under such title 18, partment or agency, in the case of a depart- tempts or conspires to do so, shall be pun- or both. ment or agency other than the Department ished, in addition and consecutive to the ‘‘(b) VENUE.—A prosecution for a violation of Justice) of personnel to each criminal punishment provided for any other violation of this section may be brought in— street gang enforcement team; and of this chapter— ‘‘(1) the judicial district in which the mur- (C) provide all necessary funding for the ‘‘(1) for murder, by death or imprisonment der or other crime of violence occurred; or operation of the criminal street gang en- for any term of years or for life, a fine under ‘‘(2) any judicial district in which the drug forcement team in each high intensity inter- this title, or both; trafficking crime may be prosecuted. state gang activity area. ‘‘(2) for kidnapping or sexual assault, by ‘‘(c) APPLICABLE DEATH PENALTY PROCE- (3) COMPOSITION OF CRIMINAL STREET GANG imprisonment for any term of years or for DURES.—A defendant who has been found ENFORCEMENT TEAM.—The team established life, a fine under this title, or both; guilty of an offense under this section for pursuant to paragraph (2)(A) shall consist of ‘‘(3) for maiming, by imprisonment for any which a sentence of death is provided shall agents and officers, where feasible, from— term of years or for life, a fine under this be subject to the provisions of chapter 228 of (A) the Bureau of Alcohol, Tobacco, Fire- title, or both; title 18, United States Code. arms, and Explosives; ‘‘(4) for assault with a dangerous weapon or ‘‘(d) DEFINITIONS.—As used in this section— (B) the Department of Homeland Security; assault resulting in serious bodily injury, by ‘‘(1) the term ‘crime of violence’ has the (C) the Department of Housing and Urban imprisonment for not more than 30 years, a meaning given that term in section 16 of Development; fine under this title, or both; title 18, United States Code; and (D) the Drug Enforcement Administration; ‘‘(5) for threatening to commit a crime of ‘‘(2) the term ‘drug trafficking crime’ has (E) the Internal Revenue Service; violence, by imprisonment for not more than the meaning given that term in section (F) the Federal Bureau of Investigation; 10 years, a fine under this title, or both; 924(c)(2) of title 18, United States Code.’’. (G) the United States Marshal’s Service; ‘‘(6) for attempting or conspiring to com- (b) CLERICAL AMENDMENT.—The table of (H) the United States Postal Service; mit murder, kidnapping, maiming, or sexual contents for the Controlled Substances Act (I) State and local law enforcement; and assault, by imprisonment for not more than is amended by inserting after the item relat- (J) Federal, State and local prosecutors. 30 years, a fine under this title, or both; and ing to section 423, the following: (4) CRITERIA FOR DESIGNATION.—In consid- ‘‘(7) for attempting or conspiring to com- ‘‘Sec. 424. Murder and other violent ering an area for designation as a high inten- mit assault with a dangerous weapon or as- crimes committed during and sity interstate gang activity area under this sault which would result in serious bodily in- in relation to a drug trafficking section, the Attorney General shall con- jury, by imprisonment for not more than 20 crime.’’. sider— years, a fine under this title, or both.’’. Subtitle B—Increased Federal Resources To (A) the current and predicted levels of gang SEC. 108. MURDER AND OTHER VIOLENT CRIMES Suppress, Deter, and Prevent At-Risk crime activity in the area; COMMITTED DURING AND IN RELA- Youth From Joining Illegal Street Gangs (B) the extent to which violent crime in TION TO A DRUG TRAFFICKING the area appears to be related to criminal CRIME. SEC. 110. DESIGNATION OF AND ASSISTANCE FOR ‘‘HIGH INTENSITY’’ INTERSTATE street gang activity, such as drug traf- N ENERAL (a) I G .—Part D of the Controlled GANG ACTIVITY AREAS. ficking, murder, robbery, assaults, Substances Act (21 U.S.C. 841 et seq.) is (a) DEFINITIONS.—In this section the fol- carjacking, arson, kidnapping, extortion, and amended by adding at the end the following: lowing definitions shall apply: other criminal activity; ‘‘MURDER AND OTHER VIOLENT CRIMES COM- (1) GOVERNOR.—The term ‘‘Governor’’ (C) the extent to which State and local law MITTED DURING AND IN RELATION TO A DRUG means a Governor of a State or the Mayor of enforcement agencies have committed re- TRAFFICKING CRIME. the District of Columbia. sources to— ‘‘SEC. 424. (a) IN GENERAL.—Any person (2) HIGH INTENSITY INTERSTATE GANG ACTIV- (i) respond to the gang crime problem; and who, during and in relation to any drug traf- ITY AREA.—The term ‘‘high intensity inter- (ii) participate in a gang enforcement ficking crime, murders, kidnaps, sexually as- state gang activity area’’ means an area team; saults (which means any offense that in- within a State that is designated as a high (D) the extent to which a significant in- volved conduct that would violate chapter intensity interstate gang activity area under crease in the allocation of Federal resources 109A if the conduct occurred in the special subsection (b)(1). would enhance local response to the gang maritime and territorial jurisdiction), (3) STATE.—The term ‘‘State’’ means a crime activities in the area; and maims, assaults with a dangerous weapon, State of the United States, the District of (E) any other criteria that the Attorney commits assault resulting in serious bodily Columbia, and any commonwealth, territory, General considers to be appropriate. injury upon, commits any other crime of vio- or possession of the United States. The term (c) AUTHORIZATION OF APPROPRIATIONS.— lence or threatens to commit a crime of vio- ‘‘State’’ shall include an ‘‘Indian tribe’’, as (1) IN GENERAL.—There are authorized to be lence against, any individual, or attempts or defined by section 102 of the Federally Rec- appropriated $100,000,000 for each of the fiscal conspires to do so, shall be punished, in addi- ognized Indian Tribe List Act of 1994 (25 years 2005 to 2009 to carry out this section. tion and consecutive to the punishment pro- U.S.C. 479a). (2) USE OF FUNDS.—Of amounts made avail- vided for the drug trafficking crime— (b) HIGH INTENSITY INTERSTATE GANG AC- able under paragraph (1) in each fiscal year— ‘‘(1) in the case of murder, by death or im- TIVITY AREAS.— (A) 50 percent shall be used to carry out prisonment for any term of years or for life, (1) DESIGNATION.—The Attorney General, subsection (b)(2); and a fine under title 18, United States Code, or after consultation with the Governors of ap- (B) 50 percent shall be used to make grants both; propriate States, may designate as high in- available for community-based programs to ‘‘(2) in the case of kidnapping or sexual as- tensity interstate gang activity areas, spe- provide crime prevention, research, and sault by imprisonment for any term of years cific areas that are located within 1 or more intervention services that are designed for or for life, a fine under such title 18, or both; States. To the extent that the goals of a high gang members and at-risk youth in areas ‘‘(3) in the case of maiming, by imprison- intensity interstate gang activity area designated pursuant to this section as high ment for any term of years or for life, a fine (HIIGAA) overlap with the goals of a high in- intensity interstate gang activity areas. under such title 18, or both; tensity drug trafficking area (HIDTA), the (3) REPORTING REQUIREMENTS.—By Feb- ‘‘(4) in the case of assault with a dangerous Attorney General may merge the 2 areas to ruary 1st of each year, the Attorney General weapon or assault resulting in serious bodily serve as a dual-purpose entity. The Attorney shall provide a report to Congress which de- injury, by imprisonment not more than 30 General may not make the final designation scribes, for each designated high intensity years, a fine under such title 18, or both; of a high intensity interstate gang activity interstate gang activity area— ‘‘(5) in the case of committing any other area without first consulting with and re- (A) the specific long-term and short-term crime of violence, by imprisonment for not ceiving comment from local elected officials goals and objectives;

VerDate jul 14 2003 03:54 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.085 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S479 (B) the measurements used to evaluate the of gang members and violent offenders, and of title 18, United States Code,’’ after ‘‘that performance of the high intensity interstate to maintain databases with such information the person committed’’; and gang activity area in achieving the long- to facilitate coordination among law en- (B) by inserting ‘‘or’’ before ‘‘the Mari- term and short-term goals; forcement and prosecutors; and time’’; (C) the age, composition, and membership ‘‘(7) to create and expand witness and vic- (2) in subsection (f)(1)— of ‘‘gangs’’; tim protection programs to prevent threats, (A) in subparagraph (C), by striking ‘‘or’’ (D) the number and nature of crimes com- intimidation, and retaliation against victims at the end; and mitted by ‘‘gangs’’; and of, and witnesses to, violent crimes.’’. (B) by adding at the end the following: (E) the definition of the term ‘‘gang’’ used (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(E) an offense under section 922(g); or’’; to compile this report. Section 31707 of the Violent Crime Control and SEC. 111. ENHANCEMENT OF PROJECT SAFE and Law Enforcement Act of 1994 (42 U.S.C. (3) in subsection (g), by amending para- NEIGHBORHOODS INITIATIVE TO IM- 13867) is amended to read as follows: graph (1) to read as follows: PROVE ENFORCEMENT OF CRIMI- ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIA- ‘‘(1) the nature and circumstances of the NAL LAWS AGAINST VIOLENT TIONS. offense charged, including whether the of- GANGS. ‘‘(a) IN GENERAL.—There are authorized to fense is a crime of violence, or involves a (a) IN GENERAL.—While maintaining the be appropriated $20,000,000 for each of the fis- drug, firearm, explosive, or destructive de- focus of Project Safe Neighborhoods as a cal years 2005 through 2009 to carry out this vise;’’. comprehensive, strategic approach to reduc- subtitle. SEC. 203. VENUE IN CAPITAL CASES. ing gun violence in America, the Attorney ‘‘(b) USE OF FUNDS.—Of the amounts made Section 3235 of title 18, United States Code, General is authorized to expand the Project available under subsection (a), in each fiscal is amended to read as follows: Safe Neighborhoods program to require each year 60 percent shall be used to carry out ‘‘§ 3235. Venue in capital cases United States attorney to— section 31702(7) to create and expand witness (1) identify, investigate, and prosecute sig- and victim protection programs to prevent ‘‘(a) The trial for any offense punishable by nificant criminal street gangs operating threats, intimidation, and retaliation death shall be held in the district where the within their district; against victims of, and witnesses to, violent offense was committed or in any district in (2) coordinate the identification, investiga- crimes.’’. which the offense began, continued, or was tion, and prosecution of criminal street completed. SEC. 114. REAUTHORIZE THE GANG RESISTANCE ‘‘(b) If the offense, or related conduct, gangs among Federal, State, and local law EDUCATION AND TRAINING enforcement agencies; and PROJECTS PROGRAM. under subsection (a) involves activities (3) coordinate and establish criminal street Section 32401(b) of the Violent Crime Con- which affect interstate or foreign commerce, gang enforcement teams, established under trol Act of 1994 (42 U.S.C. 13921(b)) is amend- or the importation of an object or person section 110(b), in high intensity interstate ed by striking paragraphs (1) through (6) and into the United States, such offense may be gang activity areas within a United States inserting the following: prosecuted in any district in which those ac- attorney’s district. ‘‘(1) $20,000,000 for fiscal year 2005; tivities occurred.’’. (b) ADDITIONAL STAFF FOR PROJECT SAFE ‘‘(2) $20,000,000 for fiscal year 2006; SEC. 204. STATUTE OF LIMITATIONS FOR VIO- NEIGHBORHOODS.— ‘‘(3) $20,000,000 for fiscal year 2007; LENT CRIME. (1) IN GENERAL.—The Attorney General ‘‘(4) $20,000,000 for fiscal year 2008; and (a) IN GENERAL.—Chapter 214 of title 18, may hire Assistant United States attorneys, ‘‘(5) $20,000,000 for fiscal year 2009.’’. United States Code, is amended by adding at the end the following: non-attorney coordinators, or paralegals to TITLE II—VIOLENT CRIME REFORMS carry out the provisions of this section. NEEDED TO DETER AND PREVENT ILLE- ‘‘§ 3297. Violent crime offenses (2) AUTHORIZATION OF APPROPRIATIONS.— GAL GANG CRIME ‘‘Except as otherwise expressly provided by There are authorized to be appropriated law, no person shall be prosecuted, tried, or SEC. 201. MULTIPLE INTERSTATE MURDER. $7,500,000 for each of the fiscal years 2005 Chapter 51 of title 18, United States Code, punished for any noncapital felony, crime of through 2009 to carry out this section. is amended by adding at the end of the new violence (as defined in section 16), including SEC. 112. ADDITIONAL RESOURCES NEEDED BY section: any racketeering activity or gang crime THE FEDERAL BUREAU OF INVES- which involves any violent crime, unless the TIGATION TO INVESTIGATE AND ‘‘§ 1123. Multiple murders in furtherance of indictment is found or the information is in- PROSECUTE VIOLENT CRIMINAL common scheme of purpose stituted by the later of— STREET GANGS. ‘‘(a) IN GENERAL.—Whoever, having com- ‘‘(1) 10 years after the date on which the al- (a) RESPONSIBILITIES OF ATTORNEY GEN- mitted murder in violation of the laws of any leged violation occurred; ERAL.—The Attorney General is authorized State or the United States, moves or travels ‘‘(2) 10 years after the date on which the to require the Federal Bureau of Investiga- in interstate or foreign commerce with the continuing offense was completed; or tion to— intent to commit one or more murders in ‘‘(3) 8 years after the date on which the al- (1) increase funding for the Safe Streets violation of the laws of any State or the leged violation was first discovered.’’. Program; and United States, and thereafter commits one (b) CLERICAL AMENDMENT.—The table of (2) support the criminal street gang en- or more murders in violation of the laws of sections at the beginning of chapter 214 of forcement teams, established under section any State or the United States in further- title 18, United States Code, is amended by 110(b), in designated high intensity inter- ance of a common scheme or purpose, or who adding at the end the following: state gang activity areas. conspires to do so— ‘‘3296. Violent crime offenses.’’. (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) shall be fined under this title, impris- SEC. 205. PREDICATE CRIMES FOR AUTHORIZA- (1) IN GENERAL.—In addition to amounts oned for not more than 30 years, or both, for TION OF INTERCEPTION OF WIRE, otherwise authorized, there are authorized to each murder; and ORAL, AND ELECTRONIC COMMU- be appropriated to the Attorney General ‘‘(2) if death results, may be fined not more NICATIONS. $5,000,000 for each of the fiscal years 2005 than $250,000 under this title, and shall be Section 2516(1) of title 18, United States through 2009 to carry out the Safe Streets punished by death or imprisoned for any Code, is amended— Program. term of years or for life for each murder. (1) in paragraph (q), by striking ‘‘or’.’’; (2) AVAILABILITY.—Any amounts appro- ‘‘(b) DEFINITION.—The term ‘State’ means (2) by redesignating paragraph (r) as para- priated pursuant to paragraph (1) shall re- each of the several States of the United graph (u); and main available until expended. States, the District of Columbia, and any (3) by inserting after paragraph (q) the fol- SEC. 113. GRANTS TO PROSECUTORS AND LAW commonwealth, territory, or possession of lowing: ENFORCEMENT TO COMBAT VIO- the United States.’’. ‘‘(r) any violation of section 424 of the Con- LENT CRIME AND TO PROTECT WIT- SEC. 202. EXPANSION OF REBUTTABLE PRESUMP- trolled Substances Act (relating to murder NESSES AND VICTIMS OF CRIMES. TION AGAINST RELEASE OF PER- and other violent crimes in furtherance of a (a) IN GENERAL.—Section 31702 of the Vio- SONS CHARGED WITH FIREARMS OF- drug trafficking crime); lent Crime Control and Law Enforcement FENSES. ‘‘(s) any violation of 1123 of title 18, United Act of 1994 (42 U.S.C. 13862) is amended— Section 3142 of title 18, United States Code, States Code (relating to multiple interstate (1) in paragraph (3), by striking ‘‘and’’ at is amended— murder); the end; (1) in subsection (e), in the matter fol- ‘‘(t) any violation of section 521, 522, or 523 (2) in paragraph (4), by striking the period lowing paragraph (3)— (relating to criminal street gangs); or’’. at the end and inserting a semicolon; and (A) by inserting ‘‘an offense under section SEC. 206. CLARIFICATION TO HEARSAY EXCEP- (3) by adding at the end the following: 922(g)(1) where the underlying conviction is a TION FOR FORFEITURE BY WRONG- ‘‘(5) to hire additional prosecutors to— serious drug offense as defined in section DOING. ‘‘(A) allow more cases to be prosecuted; 924(e)(2)(A) of title 18, United States Code, Rule 804(b)(6) of the Federal Rules of Evi- and for which a period of not more than 10 years dence is amended to read as follows: ‘‘(B) reduce backlogs; has elapsed since the date of the conviction ‘‘(6) FORFEITURE BY WRONGDOING. A state- ‘‘(6) to fund technology, equipment, and or the release of the person from imprison- ment offered against a party that has en- training for prosecutors and law enforcement ment, whichever is later, or is a serious vio- gaged, acquiesced, or conspired, in wrong- in order to increase accurate identification lent felony as defined in section 3559(c)(2)(F) doing that was intended to, and did, procure

VerDate jul 14 2003 03:54 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.085 S25PT1 S480 CONGRESSIONAL RECORD — SENATE January 25, 2005 the unavailability of the declarant as a wit- SEC. 210. POSSESSION OF FIREARMS BY DAN- TITLE III—JUVENILE CRIME REFORM FOR ness.’’. GEROUS FELONS. VIOLENT OFFENDERS SEC. 207. CLARIFICATION OF VENUE FOR RETAL- (a) IN GENERAL.—Section 924(e) of title 18, SEC. 301. TREATMENT OF FEDERAL JUVENILE IATION AGAINST A WITNESS. United States Code, is amended to read as OFFENDERS. Section 1513 of title 18, United States Code, follows: (a) IN GENERAL.—Section 5032 of title 18, is amended by— ‘‘(e)(1) In the case of a person who violates United States Code, is amended to read as (1) redesignating subsection (e) beginning section 922(g) of this title and has previously follows: with ‘‘Whoever conspires’’ as subsection (f); been convicted by any court referred to in ‘‘§ 5032. Delinquency proceedings in district and section 922(g)(1) for a violent felony or a seri- courts; juveniles tried as adults; transfer (2) adding at the end the following: ous drug offense shall— for criminal prosecution ‘‘(g) A prosecution under this section may ‘‘(A) in the case of 1 such prior conviction, ‘‘(a) DELINQUENCY PROCEEDINGS IN DISTRICT be brought in the district in which the offi- where a period of not more than 10 years has COURTS.— cial proceeding (whether or not pending, elapsed since the date of conviction or re- ‘‘(1) IN GENERAL.—A juvenile alleged to about to be instituted or was completed) was lease of the person from imprisonment for have committed an act of juvenile delin- intended to be affected or was completed, or that conviction, be subject to imprisonment quency, other than a violation of law com- in which the conduct constituting the al- for not more than 15 years, a fine under this mitted within the special maritime and ter- leged offense occurred.’’. title, or both; ritorial jurisdiction of the United States for SEC. 208. AMENDMENT OF SENTENCING GUIDE- ‘‘(B) in the case of 2 such prior convictions, which the maximum authorized term of im- LINES RELATING TO CERTAIN GANG AND VIOLENT CRIMES. committed on occasions different from one prisonment does not exceed 6 months, shall another, and where a period of not more than (a) DIRECTIVE TO THE UNITED STATES SEN- not be proceeded against in any court of the 10 years has elapsed since the date of convic- TENCING COMMISSION.—Pursuant to its au- United States unless the Attorney General, thority under section 994(p) of title 28, tion or release of the person from imprison- after investigation, certifies to the appro- United States Code, and in accordance with ment for that conviction, be subject to im- priate district court of the United States this section, the United States Sentencing prisonment for not more than 20 years, a fine that— Commission shall review and, if appropriate, under this title, or both; and ‘‘(A) the juvenile court or other appro- amend its guidelines and its policy state- ‘‘(C) in the case of 3 such prior convictions, priate court of a State does not have juris- ments to conform to the provisions of title I committed on occasions different from one diction or refuses to assume jurisdiction over and this title. another, be subject to imprisonment for not that juvenile with respect to such alleged act (b) REQUIREMENTS.—In carrying out this less than 15 years, a fine under this title, or of juvenile delinquency; section, the Sentencing Commission shall— both, and notwithstanding any other provi- ‘‘(B) the State does not have available pro- (1) establish new guidelines and policy sion of law, the court shall not suspend the grams and services adequate for the needs of statements, as warranted, in order to imple- sentence of, or grant a probationary sen- juveniles; or ment new or revised criminal offenses cre- tence to, such person with respect to the ‘‘(C) the offense charged is a crime of vio- ated under this title; conviction under section 922(g). lence that is a felony or an offense described (2) ensure that the sentencing guidelines ‘‘(2) As used in this subsection— in section 401 of the Controlled Substances and policy statements reflect the serious na- ‘‘(A) the term ‘serious drug offense’ Act (21 U.S.C. 841), section 1002(a), 1003, 1005, ture of the offenses and the penalties set means— 1009, or 1010(b) (1), (2), or (3) of the Controlled forth in this title, the growing incidence of ‘‘(i) an offense under the Controlled Sub- Substances Import and Export Act (21 U.S.C. serious gang and violent crimes, and the stances Act (21 U.S.C. 801 et seq.), the Con- 952(a), 953, 955, 959, 960(b) (1), (2), (3)), section need to modify the sentencing guidelines and trolled Substances Import and Export Act (21 922(x), or section 924 (b), (g), or (h) of this policy statements to deter, prevent, and pun- U.S.C. 951 et seq.), or the Maritime Drug Law title, and there is a substantial Federal in- ish such offenses; Enforcement Act (46 U.S.C. App. 1901 et seq.), terest in the case or the offense to warrant (3) consider the extent to which the guide- punishable by a maximum term of imprison- the exercise of Federal jurisdiction. lines and policy statements adequately ad- ment of not less than 10 years; or ‘‘(2) FAILURE TO CERTIFY.—If the Attorney dress— ‘‘(ii) an offense under State law, involving General does not certify under paragraph (1), (A) whether the guideline offense levels manufacturing, distributing, or possessing the juvenile shall be surrendered to the ap- and enhancements for gang and violent with intent to manufacture or distribute, a propriate legal authorities of such State. crimes— controlled substance (as defined in section ‘‘(3) FEDERAL PROCEEDINGS.—If an alleged (i) are sufficient to deter and punish such 102 of the Controlled Substances Act (21 juvenile delinquent is not surrendered to the offenses; and U.S.C. 802)), punishable by a maximum term authorities of a State pursuant to this sec- (ii) are adequate in view of the statutory of imprisonment of not less than 10 years; tion, any proceedings against him shall be in increases in penalties contained in the Act; ‘‘(B) the term ‘violent felony’ means any an appropriate district court of the United and crime punishable by a term of imprisonment States. For such purposes, the court may be (B) whether any existing or new specific of- exceeding 1 year, or any act of juvenile de- convened at any time and place within the fense characteristics should be added to re- linquency involving the use or carrying of a district, in chambers or otherwise. The At- flect congressional intent to increase gang firearm, knife, or destructive device that torney General shall proceed by information and violent crime penalties, punish offend- would be punishable by a maximum term of or as authorized under section 3401(g) of this ers, and deter gang and violent crime; imprisonment for such term if committed by title, and no criminal prosecution shall be (4) assure reasonable consistency with an adult, that— instituted for the alleged act of juvenile de- other relevant directives and with other sen- ‘‘(i) has, as an element of the crime or act, linquency except as provided below. tencing guidelines; the use, attempted use, or threatened use of ‘‘(b) TRANSFER FOR FEDERAL CRIMINAL (5) account for any additional aggravating physical force against the person of another; PROSECUTION.— or mitigating circumstances that might jus- or ‘‘(1) IN GENERAL.—A juvenile who is alleged tify exceptions to the generally applicable ‘‘(ii) is burglary, arson, or extortion, in- to have committed an act of juvenile delin- sentencing ranges; volves the use of explosives, or otherwise in- quency and who is not surrendered to State (6) make any necessary conforming volves conduct that presents a serious poten- authorities shall be proceeded against under changes to the sentencing guidelines; and tial risk of physical injury to another; and this chapter unless— (7) assure that the guidelines adequately ‘‘(C) the term ‘conviction’ includes a find- ‘‘(A) the juvenile has requested in writing meet the purposes of sentencing under sec- ing that a person has committed an act of ju- upon advice of counsel to be proceeded tion 3553(a)(2) of title 18, United States Code. venile delinquency involving a violent fel- against as an adult; SEC. 209. INCREASED PENALTIES FOR CRIMINAL ony.’’. ‘‘(B) with respect to a juvenile 15 years and older alleged to have committed an act after USE OF FIREARMS IN CRIMES OF VI- (b) AMENDMENT TO SENTENCING GUIDE- his fifteenth birthday which if committed by OLENCE AND DRUG TRAFFICKING. LINES.—Pursuant to its authority under sec- (a) IN GENERAL.—Section 924(c)(1)(A) of tion 994(p) of title 28, United States Code, the an adult would be a felony that is a crime of title 18, United States Code, is amended— United States Sentencing Commission shall violence or an offense described in section (1) by striking ‘‘shall’’ and inserting ‘‘or amend the Federal Sentencing Guidelines to 401 of the Controlled Substances Act (21 conspires to commit any of the above acts, provide for an appropriate increase in the of- U.S.C. 841), or section 1002(a), 1005, or 1009 of shall, for each instance in which the firearm fense level for violations of section 922(g) of the Controlled Substances Import and Ex- is used, carried, or possessed’’; title 18, United States Code, in accordance port Act (21 U.S.C. 952(a), 955, 959), or section (2) in clause (i), by striking ‘‘5 years’’ and with section 924(e) of such title 18, as amend- 922(x) of this title, or in section 924 (b), (g), inserting ‘‘7 years’’; and ed by subsection (a). or (h) of this title, the Attorney General (3) by striking clause (ii). makes a motion to transfer the criminal (b) CONFORMING AMENDMENTS.—Section 924 SEC. 211. CONFORMING AMENDMENT. prosecution on the basis of the alleged act in of title 18, United States Code, is amended— The matter before paragraph (1) in section the appropriate district court of the United (1) in subsection (c), by striking paragraph 922(d) of title 18, United States Code, is States and the court finds, after hearing, (4); and amended by inserting ‘‘, transfer,’’ after such transfer would be in the interest of jus- (2) by striking subsection (o). ‘‘sell’’. tice as provided in paragraph (2); or

VerDate jul 14 2003 03:54 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.086 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S481

‘‘(C) with respect to a juvenile 13 years and or subparagraphs (A), (B), (C), (D), or (E) of ‘‘(5) ORDER.—An order of the court made in older alleged to have committed an act after subsection (b)(1) of section 401 of the Con- ruling on a motion by a defendant to trans- his thirteenth birthday which if committed trolled Substances Act, or section 1002(a), fer a defendant to juvenile status under this by an adult would be a felony that is the 1003, or 1009, or paragraphs (1), (2), or (3) of subsection shall not be a final order for the crime of violence under section 113 (a), (b), section 1010(b) of the Controlled Substances purpose of enabling an appeal, except that an (c), 1111, 1113, or, if the juvenile possessed a Import and Export Act (21 U.S.C. 952(a), 953, appeal by the United States shall lie to a firearm during the offense, an offense under 959, 960(b) (1), (2), and (3)), and who has pre- court of appeals pursuant to section 3731 of section 2111, 2113, 2241(a), or 2241(c), the At- viously been found guilty of an act which if this title from an order of a district court re- torney General makes a motion to transfer committed by an adult would have been one moving a defendant to juvenile status. Upon the criminal prosecution on the basis of the of the offenses set forth in this subsection or receipt of a notice of appeal of an order alleged act in the appropriate district court subsection (b), or an offense in violation of a under this paragraph, a court of appeals of the United States and the court finds, State felony statute that would have been shall hear and determine the appeal on an after hearing, such transfer would be in the such an offense if a circumstance giving rise expedited basis. The court of appeals shall interest of justice as provided in paragraph to Federal jurisdiction had existed, shall be give due regard to the opportunity of the dis- (2). transferred, upon notification by the United trict court to judge the credibility of the Notwithstanding sections 1152 and 1153, no States, to the appropriate district court of witnesses, and shall accept the findings of person subject to the criminal jurisdiction of the United States for criminal prosecution. fact of the district court unless they are an Indian tribal government shall be subject ‘‘(d) SIXTEEN AND SEVENTEEN YEAR OLDS clearly erroneous, and the court of appeals to subparagraph (C) for any offense the Fed- CHARGED WITH THE MOST SERIOUS VIOLENT shall review de novo the district court’s ap- eral jurisdiction for which is predicated sole- FELONIES.— plication of the law to the facts. ly on Indian country (as defined in section ‘‘(1) IN GENERAL.—Notwithstanding any ‘‘(e) SIXTEEN AND SEVENTEEN YEAR OLDS 1151), and which has occurred within the other provision of law, a juvenile may be CHARGED WITH OTHER SERIOUS VIOLENT boundaries of such Indian country, unless prosecuted as an adult if the juvenile is al- FELONIES.— the governing body of the tribe has elected leged to have committed, conspired, solicited ‘‘(1) IN GENERAL.—Except as provided by that the preceding sentence have effect over or attempted to commit, on or after the day subsection (d), a juvenile may be prosecuted land and persons subject to its criminal ju- the juvenile attains the age of 16 any offense as an adult if the juvenile is alleged to have risdiction. involving— committed an act on or after the day the ju- ‘‘(2) FACTORS.— ‘‘(A) murder; venile attains the age of 16 which is com- ‘‘(A) IN GENERAL.—Evidence of the fol- ‘‘(B) manslaughter; mitted by an adult would be a serious violent lowing factors shall be considered, and find- ‘‘(C) assault with intent to commit mur- felony as described in paragraphs (2) and (3) ings with regard to each factor shall be made der; of section 3559(a). in the record, in assessing whether a transfer ‘‘(D) sexual assault (which means any of- ‘‘(2) OTHER OFFENSES.—In a prosecution under subparagraph (B) or (C) of paragraph fense that involves conduct that would vio- under this subsection the juvenile may be (1), and paragraph (4) of subsection (d), would late chapter 109A if the conduct occurred in prosecuted and convicted as an adult for any be in the interest of justice: the special maritime and territorial jurisdic- other offense which is properly joined under ‘‘(i) The age and social background of the tion); the Federal Rules of Criminal Procedure, and juvenile. ‘‘(E) robbery (as described in section 2111, may also be convicted as an adult of a lesser ‘‘(ii) The nature of the alleged offense, in- 2113, or 2118); included offense. cluding the extent to which the juvenile ‘‘(F) carjacking with a dangerous weapon; ‘‘(3) REVIEWABILITY.—Except as otherwise played a leadership role in an organization, ‘‘(G) extortion; provided by this subsection, a determination or otherwise influenced other persons to ‘‘(H) arson; to approve or not to approve, or to institute take part in criminal activities. ‘‘(I) firearms use; or not to institute, a prosecution under this ‘‘(iii) Whether prosecution of the juvenile ‘‘(J) firearms possession (as described in subsection shall not be reviewable in any as an adult would protect public safety. section 924(c); court. ‘‘(iv) The extent and nature of the juve- ‘‘(K) drive-by shooting; ‘‘(4) PROSECUTION.—(A) In any prosecution nile’s prior delinquency record. ‘‘(L) kidnapping; of a juvenile under this subsection, upon mo- ‘‘(v) The juvenile’s present intellectual de- ‘‘(M) maiming; tion of the defendant, the court in which the velopment and psychological maturity. ‘‘(N) assault resulting in serious bodily in- criminal charges have been filed shall after a ‘‘(vi) The nature of past treatment efforts jury; or hearing determine whether to issue an order and the juvenile’s response to such efforts. ‘‘(O) obstruction of justice (as described in that the defendant should be transferred to ‘‘(vii) The availability of programs de- 1512(a)(1)) on or after the day the juvenile at- juvenile status. signed to treat the juvenile’s behavioral tains the age of 16. ‘‘(B) A motion by a defendant under this problems. ‘‘(2) OTHER OFFENSES.—In a prosecution paragraph shall not be considered unless ‘‘(B) NATURE OF THE OFFENSE.—In consid- under this subsection the juvenile may be filed no later than 30 days after the date on ering the nature of the offense, as required prosecuted and convicted as an adult for any which the defendant initially appears by this paragraph, the court shall consider other offense which is properly joined under through counsel or expressly waives the the extent to which the juvenile played a the Federal Rules of Criminal Procedure, and right to counsel and elects to proceed pro se. leadership role in an organization, or other- may also be convicted as an adult of a lesser ‘‘(C) The court shall not order the transfer wise influenced other persons to take part in included offense. of a defendant to juvenile status under this criminal activities, involving the use or dis- ‘‘(3) REVIEWABILITY.—Except as otherwise paragraph unless the defendant establishes tribution of controlled substances or fire- provided by this subsection, a determination by clear and convincing evidence that re- arms. Such a factor, if found to exist, shall to approve or not to approve, or to institute moval to juvenile status would be in the in- weigh in favor of a transfer to adult status, or not to institute, a prosecution under this terest of justice. In making a determination but the absence of this factor shall not pre- subsection shall not be reviewable in any under this paragraph, the court shall con- clude such a transfer. court. sider the factors specified in subsection (b)(2) ‘‘(C) NOTICE.—Reasonable notice of the ‘‘(4) PROSECUTION.—(A) In any prosecution of this section. transfer hearing under subparagraph (B) or of a juvenile under this subsection, upon mo- ‘‘(5) ORDER.—An order of the court made in (C) of paragraph (1) shall be given to the ju- tion of the defendant, the court in which the ruling on a motion by a defendant to trans- venile, the juvenile’s parents, guardian, or criminal charges have been filed shall after a fer a defendant to juvenile status under this custodian and to the juvenile’s counsel. The hearing determine whether to issue an order subsection shall be a final order for the pur- juvenile shall be assisted by counsel during that the defendant should be transferred to pose of enabling an appeal. Upon receipt of a the transfer hearing, and at every other crit- juvenile status. notice of appeal of an order under this para- ical stage of the proceedings. ‘‘(B) A motion by a defendant under this graph, a court of appeals shall hear and de- ‘‘(c) MANDATORY TRANSFER OF JUVENILE 16 paragraph shall not be considered unless termine the appeal on an expedited basis. OR OLDER.—A juvenile who is alleged to have filed no later than 30 days after the date on The court of appeals shall give due regard to committed an act on or after his sixteenth which the defendant initially appears the opportunity of the district court to judge birthday, which if committed by an adult through counsel or expressly waives the the credibility of the witnesses, and shall ac- would be a felony offense, that has an ele- right to counsel and elects to proceed pro se. cept the findings of fact of the district court ment thereof the use, attempted use, or ‘‘(C) The court shall not order the transfer unless they are clearly erroneous, and the threatened use of physical force against the of a defendant to juvenile status under this court of appeals shall review de novo the dis- person of another, or that, by its very na- paragraph unless the defendant establishes trict court’s application of the law to the ture, involves a substantial risk that phys- by clear and convincing evidence that re- facts. ical force against the person of another, may moval to juvenile status would be in the in- ‘‘(f) PROCEEDINGS.— be used in committing the offense or would terest of justice. In making a determination ‘‘(1) SUBSEQUENT PROCEEDING BARRED.— be an offense described in section 32, 81, or under this paragraph, the court shall con- Once a juvenile has entered a plea of guilty 2275 or subsection (d), (e), (f), (h), or (i) of sider the factors specified in subsection (b)(2) or the proceeding has reached the stage that section 844 of this title, subsection (d) or (e) of this section. evidence has begun to be taken with respect

VerDate jul 14 2003 03:54 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.086 S25PT1 S482 CONGRESSIONAL RECORD — SENATE January 25, 2005 to a crime or an alleged act of juvenile delin- ‘‘(2) CONDITIONS.—A release under para- was favorably reported by the Senate quency subsequent criminal prosecution or graph (1) shall be conducted in the same Judiciary Committee in the 108th Con- juvenile proceedings based upon such alleged manner, and shall be subject to the same gress. act of delinquency shall be barred. terms, conditions, and sanctions for viola- This legislation, ‘‘The Gang Preven- ‘‘(2) STATEMENTS.—Statements made by a tion of a release condition, as provided for an tion and Effective Deterrence Act of juvenile prior to or during a transfer hearing adult under chapter 207. 2005,’’ authorizes approximately $650 under this section shall not be admissible at ‘‘(d) PENALTY FOR AN OFFENSE COMMITTED subsequent criminal prosecutions except for WHILE ON RELEASE.— million over the next five years to sup- impeachment purposes or in a prosecution ‘‘(1) IN GENERAL.—A juvenile alleged to port law enforcement and efforts to for perjury or making a false statement. have committed, while on release under this prevent youngsters from joining gangs. ‘‘(3) FURTHER PROCEEDINGS.—Whenever a section, an offense that, if committed by an Of that, $450 million would be used to juvenile transferred to district court under adult, would be a Federal criminal offense, support Federal, State and local law subsection (b) or (c) is not convicted of the shall be subject to prosecution under section enforcement efforts against violent crime upon which the transfer was based or 5032. gangs, and $200 million would be used another crime which would have warranted ‘‘(2) APPLICABILITY OF CERTAIN PEN- for intervention and prevention pro- ALTIES.—Section 3147 shall apply to a juve- transfer had the juvenile been initially grams for at-risk youth. The bill in- charged with that crime, further proceedings nile who is to be tried as an adult under sec- concerning the juvenile shall be conducted tion 5032 for an offense committed while on creases funding for the Federal pros- pursuant to the provisions of this chapter. release under this section.’’. ecutors and Federal Bureau of Inves- ‘‘(4) RECEIPT OF RECORDS.—A juvenile shall (b) DETENTION PRIOR TO DISPOSITION.—Sec- tigation (FBI) agents needed to con- not be transferred to adult prosecution under tion 5035 of title 18, United States Code, is duct coordinated enforcement efforts subsection (b) nor shall a hearing be held amended— against violent gangs. under section 5037 (disposition after a finding (1) by striking ‘‘A juvenile’’ and inserting This bill also creates new criminal of juvenile delinquency) until any prior juve- the following: gang prosecution offenses, enhances ex- nile court records of such juvenile have been ‘‘(a) IN GENERAL.—Except as provided in isting gang and violent crime penalties received by the court, or the clerk of the ju- subsection (b), a juvenile’’; and (2) by adding at the end the following: to deter and punish illegal street venile court has certified in writing that the gangs, enacts violent crime reforms juvenile has no prior record, or that the ju- ‘‘(b) DETENTION OF CERTAIN JUVENILES.—A venile’s record is unavailable and why it is juvenile who is to be tried as an adult under needed to prosecute effectively gang unavailable. section 5032 shall be subject to detention in members, and implements a limited re- ‘‘(5) SPECIFIC ACTS DESCRIBED.—Whenever a accordance with chapter 207.’’. form of the juvenile justice system to juvenile is adjudged delinquent pursuant to SEC. 304. SPEEDY TRIAL. facilitate Federal prosecution of 16- the provisions of this chapter, the specific Section 5036 of title 18, United States Code, and 17-year-old gang members who acts which the juvenile has been found to is amended to read as follows: commit serious violent felonies. have committed shall be described as part of ‘‘§ 5036. Speedy trial The problem of gang violence in the official record of the proceedings and ‘‘(a) IN GENERAL.—If an alleged delinquent, America is not a new one, nor is it a part of the juvenile’s official record. who is to be proceeded against as a juvenile problem that is limited to major urban ‘‘(g) STATE.—For purposes of this section, pursuant to section 5032 and who is in deten- areas. Once thought to be only a prob- the term ‘State’ includes a State of the tion pending trial, is not brought to trial United States, the District of Columbia, and lem in our Nation’s largest cities, within 70 days from the date upon which gangs have invaded smaller commu- any commonwealth, territory, or possession such detention began, the information shall of the United States.’’. be dismissed on motion of the alleged delin- nities. Gangs in Salt Lake County re- (b) CONFORMING AMENDMENT.—The analysis quent or at the direction of the court. sult in significant measure from the in- for chapter 403 of title 18, United States ‘‘(b) PERIODS OF EXCLUSION.—The periods of fluence of gangs existing in Los Ange- Code, is amended by striking the item relat- exclusion under section 3161(h) shall apply to les and Chicago, but with local ing to section 5032 and inserting the fol- this section. mutations. lowing: ‘‘(c) JUDICIAL CONSIDERATIONS.—In deter- Constituents frequently mention to ‘‘5032. Delinquency proceedings in dis- mining whether an information should be me their extreme concern about gang trict courts; juveniles tried as dismissed with or without prejudice, the violence in Utah. According to the Salt adults; transfer for criminal court shall consider— prosecution.’’. ‘‘(1) the seriousness of the alleged act of ju- Lake Area Gang Project, a multi-juris- SEC. 302. NOTIFICATION AFTER ARREST. venile delinquency; dictional task force created in 1989 to Section 5033 of title 18, United States Code, ‘‘(2) the facts and circumstances of the fight gang crime in the Salt Lake area, is amended in the first sentence, by striking case that led to the dismissal; and there are at least 250 identified gangs ‘‘immediately notify the Attorney General ‘‘(3) the impact of a reprosecution on the in Utah with over 3,500 members. In and’’ and inserting ‘‘immediately, or as soon administration of justice.’’. Utah, there are street gangs that are as practicable thereafter, notify the Attor- SEC. 305. FEDERAL SENTENCING GUIDELINES. ethnically oriented, such as Hispanic ney General and shall promptly take reason- (a) APPLICATION OF GUIDELINES TO CERTAIN gangs, as well as those affiliated with able steps to notify’’. JUVENILE DEFENDANTS.—Section 994(h) of gangs from other cities, such as the SEC. 303. RELEASE AND DETENTION PRIOR TO title 28, United States Code, is amended by Crips and Bloods, Folks and People, DISPOSITION. inserting ‘‘, or in which the defendant is a ju- motorcycle gangs, Straight Edge (a) DUTIES OF MAGISTRATE JUDGE.—Section venile who is tried as an adult,’’ after ‘‘old or 5034 of title 18, United States Code, is amend- older’’. gangs, Animal Liberation Front, ed— (b) GUIDELINES FOR JUVENILE CASES.—Sec- Skinheads, Varrio Loco Town, Oquirrh (1) in the first undesignated paragraph, by tion 994 of title 28, United States Code, is Shadow Boys, Salt Lake Posse, and the striking ‘‘The magistrate judge shall insure’’ amended by adding at the end the following: list goes on. Some of these gangs are and inserting the following: ‘‘(z) GUIDELINES FOR JUVENILE CASES.—Not racist; some are extremist. ‘‘(a) IN GENERAL.— later than May 1, 2006, the Commission, pur- And what I find particularly trou- ‘‘(1) REPRESENTATION BY COUNSEL.—The suant to its rules and regulations and con- bling is that over one-third of the total magistrate judge shall ensure’’; sistent with all pertinent provisions of any gang membership is made up of juve- Federal statute, shall promulgate and dis- (2) in the second undesignated paragraph, niles. Thus, these crimes have a par- by striking ‘‘The magistrate judge may ap- tribute, to all courts of the United States point’’ and inserting the following: and to the United States Probation System, ticular impact on youths. ‘‘(2) GUARDIAN AD LITEM.—The magistrate guidelines, as described in this section, for Gangs now resemble organized crime judge may appoint’’; use by a sentencing court in determining the syndicates which readily engage in gun (3) in the third undesignated paragraph, by sentence to be imposed in a criminal case if violence, illegal gun trafficking, illegal striking ‘‘If the juvenile’’ and inserting the the defendant committed the offense as a ju- drug trafficking and other serious following: venile, and is tried as an adult pursuant to crimes. All too often we read in the ‘‘(b) RELEASE PRIOR TO DISPOSITION.—Ex- section 5032 of title 18.’’. headlines about gruesome and tragic cept as provided in subsection (c), if the ju- Mr. HATCH. Mr. President, I rise stories of rival gang members gunned venile’’; and today to introduce with my colleagues, down, innocent bystanders—adults, (4) by adding at the end the following: Senators FEINSTEIN, GRASSLEY, KYL, teenagers and children—caught in the ‘‘(c) RELEASE OF CERTAIN JUVENILES.— ORNYN ‘‘(1) IN GENERAL.—A juvenile, who is to be and C , a comprehensive bipar- cross fire of gangland shootings, and tried as an adult under section 5032, shall be tisan bill to increase gang prosecution family members crying out in grief as released pending trial in accordance with the and prevention efforts. The bill I intro- they lose loved ones to the gang wars applicable provisions of chapter 207. duce today is identical to S. 1735 that plaguing our communities.

VerDate jul 14 2003 03:54 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.086 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S483 Recent studies confirm that gang vi- Roger Madalena; the Governors of the (b) MAP AND LEGAL DESCRIPTION.—The map olence is an increasing problem in all Pueblos of Zia, Santa Ana, Santo Do- and a legal description of the wilderness area of our communities. Based on the lat- mingo, Cochiti, Tesuque, San Ildefonso, designated by this Act shall— est available National Youth Gang Sur- Pojoaque, Nambe, Santa Clara, San (1) be filed by the Secretary with the Com- mittee on Energy and Natural Resources of vey, it is now estimated that there are Juan, Sandia, Laguna, Acoma, Isleta, the Senate and the Committee on Resources more than 25,000 gangs, and over 750,000 Picuris, and Taos; the National Con- of the House of Representatives as soon as gang members who are active in more gress of American Indians; the Hopi practicable after the date of enactment of than 3,000 jurisdictions across the Tribe; The Wilderness Society; the New this Act; United States. The most current re- Mexico Wilderness Alliance; the Coali- (2) have the same force and effect as if in- ports indicate that in 2002 alone, after tion for New Mexico Wilderness, on be- cluded in this Act, except that the Secretary five years of decline, gang membership half of more than 375 businesses and or- may correct clerical and typographical er- has spiked nationwide. ganizations; the Rio Grande Chapter of rors in the legal description and map; and (3) be on file and available for public in- I have been—and remain—committed the Sierra Club; the National Parks spection in the appropriate offices of the Bu- to supporting Federal, State and local Conservation Association; the Albu- reau of Land Management. task forces as a model for effective querque Convention and Visitors Bu- (c) MANAGEMENT OF WILDERNESS.—Subject gang enforcement strategies. Working reau; 1000 Friends of New Mexico; and to valid existing rights, the wilderness area together, these task forces have dem- numerous individuals. designated by this Act shall be managed by onstrated that they can make a dif- The Ojito provides a unique wilder- the Secretary in accordance with the Wilder- ference in the community. In Salt ness area that is important not only to ness Act (16 U.S.C. 1131 et seq.) and this Act, except that, with respect to the wilderness Lake City, the Metro Gang Multi-Ju- its local stewards, but also to the near- area designated by this Act, any reference in risdiction Task Force stands out as a by residents of Albuquerque and Santa the Wilderness Act to the effective date of critical player in fighting gang vio- Fe, as well as visitors from across the the Wilderness Act shall be deemed to be a lence in Salt Lake City. We need to re- country. It is an outdoor geology lab- reference to the date of enactment of this assure outstanding organizations like oratory, offering a spectacular and Act. this that there will be adequate re- unique opportunity to view from a sin- (d) MANAGEMENT OF NEWLY ACQUIRED sources available to expand and fund gle location the juxtaposition of the LAND.—If acquired by the United States, the following land shall become part of the wil- these critical task force operations to southwestern margin of the Rocky derness area designated by this Act and shall fight gang violence. Mountains, the Colorado Plateau, and be managed in accordance with this Act and In my study of this problem, it has the Rio Grande Rift, along with the other applicable law: become clear that the government volcanic necks of the Rio Puerco Fault. (1) Section 12 of township 15 north, range 01 needs to work with communities to Its rugged terrain offers a rewarding west, New Mexico Principal Meridian. meet this problem head-on and defeat challenge to hikers, backpackers, and (2) Any land within the boundaries of the it. If we really want to reduce gang vio- photographers. It shelters ancient wilderness area designated by this Act. lence, we must ensure that law enforce- (e) MANAGEMENT OF LANDS TO BE ADDED.— Puebloan ruins and an endemic endan- The lands generally depicted on the map as ment has adequate resources and legal gered plant, solitude and inspiration. ‘‘Lands to be Added’’ shall become part of tools, and that our communities have Designating Ojito as a wilderness area the wilderness area designated by this Act if the ability to implement proven inter- ensures that the beauty of this special the United States acquires, or alternative vention and prevention strategies, so place will be protected and enjoyed for adequate access is available to, section 12 of that gang members who are removed years to come. township 15 north, range 01 west. from the community are not simply re- I have made a number of changes to (f) RELEASE.—The Congress hereby finds placed by the next generation of new and directs that the lands generally depicted this bill in order clarify a number of on the map as ‘‘Lands to be Released’’ have gang members. issues and to facilitate its enactment, been adequately studied for wilderness des- In closing, I want to commend my and I hope that it will be enacted ignation pursuant to section 603 of the Fed- colleagues—Senators FEINSTEIN, quickly. eral Land Policy and Management Act of GRASSLEY, KYL and CORNYN. They have I ask unanimous consent that the 1976 (43 U.S.C. 1782) and no longer are subject worked very closely with me as we con- text of the bill I have introduced today to the requirement of section 603(c) of such sidered these issues last Congress and I be printed in RECORD. Act (43 U.S.C. 1782(c)) pertaining to the man- look forward to working with them and There being no objection, the text of agement of wilderness study areas in a man- others as we proceed this year. I urge the bill was ordered to be printed in ner that does not impair the suitability of such areas for preservation as wilderness. my colleagues to join with us in the RECORD, as follows: (g) GRAZING.—Grazing of livestock in the promptly passing this important legis- S. 156 wilderness area designated by this Act, lation. Be it enacted by the Senate and House of Rep- where established before the date of enact- resentatives of the United States of America in ment of this Act, shall be administered in ac- By Mr. BINGAMAN (for himself Congress assembled, cordance with the provisions of section and Mr. DOMENICI): SECTION 1. SHORT TITLE. 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines set forth in Ap- S. 156. A bill to designate the Ojito This Act may be cited as the ‘‘Ojito Wil- pendix A of the Report of the Committee on Wilderness Study Area as wilderness, derness Act’’. Interior and Insular Affairs to accompany to take certain land into trust for the SEC. 2. DEFINITIONS. Pueblo of Zia, and for other purposes; H.R. 2570 of the One Hundred First Congress In this Act: (H. Rept. 101–405). to the Committee on Energy and Nat- (1) MAP.—The term ‘‘map’’ means the map (h) FISH AND WILDLIFE.—As provided in sec- ural Resources. entitled ‘‘Ojito Wilderness Act’’ and dated tion 4(d)(7) of the Wilderness Act (16 U.S.C. Mr. BINGAMAN. Mr. President, I am October 1, 2004. 1133(d)(7)), nothing in this section shall be proud to introduce the ‘‘Ojito Wilder- (2) PUEBLO.—The term ‘‘Pueblo’’ means the construed as affecting the jurisdiction or re- ness Act’’. This bill was passed in var- Pueblo of Zia. sponsibilities of the State with respect to ious forms by both the Senate and the (3) SECRETARY.—The term ‘‘Secretary’’ fish and wildlife in the State. means the Secretary of the Interior. House of Representatives in the 108th (i) WATER RIGHTS.— (4) STATE.—The term ‘‘State’’ means the (1) FINDINGS.—Congress finds that— Congress. I am pleased that the senior State of New Mexico. (A) the land designated as wilderness by Senator from New Mexico, Mr. DOMEN- SEC. 3. DESIGNATION OF THE OJITO WILDER- this Act is arid in nature and is generally ICI, is cosponsoring this bill. NESS. not suitable for use or development of new The support for this proposal truly is (a) IN GENERAL.—In furtherance of the pur- water resource facilities; and impressive. It has been formally en- poses of the Wilderness Act (16 U.S.C. 1131 et (B) because of the unique nature and hy- dorsed by the Governor of New Mexico; seq.), there is hereby designated as wilder- drology of the desert land designated as wil- the local Sandoval County Commission ness, and, therefore, as a component of the derness by this Act, it is possible to provide and the neighboring Bernalillo County National Wilderness Preservation System, for proper management and protection of the certain land in the Albuquerque District-Bu- wilderness and other values of lands in ways Commission; the Albuquerque City reau of Land Management, New Mexico, different from those used in other legisla- Council; New Mexico House of Rep- which comprise approximately 11,183 acres, tion. resentatives Energy and Natural Re- as generally depicted on the map, and which (2) STATUTORY CONSTRUCTION.—Nothing in sources Committee Chairman James shall be known as the ‘‘Ojito Wilderness’’. this Act—

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(A) shall constitute or be construed to con- cent to CR906, CR923, and Cucho Arroyo (2) SOVEREIGN IMMUNITY.—The Pueblo shall stitute either an express or implied reserva- Road shall be 100 feet from the center line of not assert sovereign immunity as a defense tion by the United States of any water or the road. or bar to a civil action brought under para- water rights with respect to the land des- (c) CONSIDERATION.— graph (1). ignated as wilderness by this Act; (1) IN GENERAL.—In consideration for the (3) EFFECT.—Nothing in this section— (B) shall affect any water rights in the conveyance authorized under subsection (a), (A) authorizes a civil action against the State existing on the date of enactment of the Pueblo shall pay to the Secretary the Pueblo for money damages, costs, or attor- this Act, including any water rights held by amount that is equal to the fair market neys fees; or the United States; value of the land conveyed, as subject to the (B) except as provided in paragraph (2), ab- (C) shall be construed as establishing a terms and conditions in subsection (d), as de- rogates the sovereign immunity of the Pueb- precedent with regard to any future wilder- termined by an independent appraisal. lo. ness designations; (2) APPRAISAL.—To determine the fair mar- (D) shall affect the interpretation of, or ket value, the Secretary shall conduct an ap- By Mr. KOHL: any designation made pursuant to, any other praisal paid for by the Pueblo that is per- S. 157. A bill to amend the Internal Act; or formed in accordance with the Uniform Ap- Revenue Code of 1986 to permit interest (E) shall be construed as limiting, altering, praisal Standards for Federal Land Acquisi- on Federally guaranteed water, waste- modifying, or amending any of the interstate tions and the Uniform Standards of Profes- sional Appraisal Practice. water, and essential community facili- compacts or equitable apportionment de- ties loans to be tax exempt; to the crees that apportion water among and be- (3) AVAILABILITY.—Any amounts paid under tween the State and other States. paragraph (1) shall be available to the Sec- Committee on Finance. (3) STATE WATER LAW.—The Secretary shall retary, without further appropriation and Mr. KOHL. Mr. President, I’m intro- follow the procedural and substantive re- until expended, for the acquisition from will- ducing a bill today that is aimed at quirements of the law of the State in order ing sellers of land or interests in land in the helping rural communities build or im- to obtain and hold any water rights not in State. prove essential community facilities (d) PUBLIC ACCESS.— existence on the date of enactment of this (1) IN GENERAL.—Subject to paragraph (2), such as shelters, nursing homes, hos- Act with respect to the wilderness area des- the declaration of trust and conveyance pitals, medical clinics, and fire and res- ignated by this Act. under subsection (a) shall be subject to the cue-type projects. My bill would make (4) NEW PROJECTS.— continuing right of the public to access the it possible for project sponsors to ac- (A) WATER RESOURCE FACILITY.—As used in land for recreational, scenic, scientific, edu- this subsection, the term ‘‘water resource fa- cept certain USDA loan guarantees cational, paleontological, and conservation cility’’— without risking the tax exempt status uses, subject to any regulations for land (i) means irrigation and pumping facilities, that enables them to finance these ini- management and the preservation, protec- reservoirs, water conservation works, aque- tion, and enjoyment of the natural charac- tiatives. ducts, canals, ditches, pipelines, wells, hy- teristics of the land that are adopted by the Clarification of existing tax rules, as dropower projects, and transmission and Pueblo and approved by the Secretary; Pro- proposed in this bill, will provide cer- other ancillary facilities, and other water di- vided that the Secretary shall ensure that tainty for project sponsors, help lower version, storage, and carriage structures; the rights provided for in this paragraph are project costs for rural communities, and protected and that a process for resolving and help deal with a backlog of loan (ii) does not include wildlife guzzlers. any complaints by an aggrieved party is es- (B) RESTRICTION ON NEW WATER RESOURCE applications for small communities. tablished. FACILITIES.—Except as otherwise provided in The needs are great in many rural (2) CONDITIONS.—Except as provided in sub- this Act, on and after the date of enactment communities. This measure will help section (f)— of this Act, neither the President nor any communities help themselves and I (A) the land conveyed under subsection (a) other officer, employee, or agent of the shall be maintained as open space and the look forward to working with the Sen- United States shall fund, assist, authorize, natural characteristics of the land shall be ate Finance Committee on this impor- or issue a license or permit for the develop- preserved in perpetuity; and tant topic. ment of any new water resource facility (B) the use of motorized vehicles (except I ask unanimous consent that the within the wilderness area designated by this on existing roads or as is necessary for the text of the measure be printed in the Act. maintenance and repair of facilities used in RECORD. (j) WITHDRAWAL.—Subject to valid existing connection with grazing operations), mineral rights, the wilderness area designated by There being no objection, the text of extraction, housing, gaming, and other com- this Act, the lands to be added under sub- the bill was ordered to be printed in mercial enterprises shall be prohibited with- section (e), and lands identified on the map the RECORD, as follows: in the boundaries of the land conveyed under as the ‘‘BLM Lands Authorized to be Ac- S. 157 subsection (a). quired by the Pueblo of Zia’’ are withdrawn (e) RIGHTS OF WAY.— Be it enacted by the Senate and House of Rep- from— (1) EXISTING RIGHTS OF WAY.—Nothing in resentatives of the United States of America in (1) all forms of entry, appropriation, and this section shall affect— Congress assembled, disposal under the public land laws; (A) any validly issued right-of-way or the SECTION 1. TAX-EXEMPT INTEREST ON FEDER- (2) location, entry, and patent under the renewal thereof; or ALLY GUARANTEED WATER, WASTE- mining laws; and (B) the access for customary construction, WATER, AND FEDERALLY GUARAN- TEED ESSENTIAL COMMUNITY FA- (3) operation of the mineral leasing, min- operation, maintenance, repair, and replace- eral materials, and geothermal leasing laws. CILITIES LOANS. ment activities in any right-of-way issued, (a) IN GENERAL.—Section 149(b)(3)(A) of the (k) EXCHANGE.—Not later than 3 years granted, or permitted by the Secretary. after the date of enactment of this Act, the Internal Revenue Code 1986 (relating to cer- (2) NEW RIGHTS OF WAY AND RENEWALS.— tain insurance programs) is amended by Secretary shall seek to complete an ex- (A) IN GENERAL.—The Pueblo shall grant change for State land within the boundaries striking ‘‘or’’ at the end of clause (ii), by any reasonable request for rights-of-way for striking period at the end of clause (iii) and of the wilderness area designated by this utilities and pipelines over the land acquired Act. inserting ‘‘, or’’, and by adding at the end the under subsection (a) that is designated as the following new clause: SEC. 4. LAND HELD IN TRUST. ‘‘Rights-of-Way corridor #1’’ in the Rio ‘‘(iv) any guarantee by the Secretary of (a) IN GENERAL.—Subject to valid existing Puerco Resource Management Plan that is in Agriculture pursuant to section 306(a)(1) of rights and the conditions under subsection effect on the date of the grant. the Consolidated Farm and Rural Develop- (d), all right, title, and interest of the United (B) ADMINISTRATION.—Any right-of-way ment Act (7 U.S.C. 1926(a)(1)) to finance States in and to the lands (including im- issued or renewed after the date of enact- water, wastewater, and essential community provements, appurtenances, and mineral ment of this Act located on land authorized facilities.’’. rights to the lands) generally depicted on the to be acquired under this section shall be ad- (b) EFFECTIVE DATE.—The amendments map as ‘‘BLM Lands Authorized to be Ac- ministered in accordance with the rules, reg- made by this section shall apply to bonds quired by the Pueblo of Zia’’ shall, on receipt ulations, and fee payment schedules of the issued after the date of the enactment of this of consideration under subsection (c) and Department of the Interior, including the Act. adoption and approval of regulations under Rio Puerco Resources Management Plan subsection (d), be declared by the Secretary that is in effect on the date of issuance or re- By Mr. LIEBERMAN (for himself, to be held in trust by the United States for newal of the right-of-way. Mrs. CLINTON, Mr. DODD, and the Pueblo and shall be part of the Pueblo’s (f) JUDICIAL RELIEF.— Mr. SCHUMER): Reservation. (1) IN GENERAL.—To enforce subsection (d), (b) DESCRIPTION OF LANDS.—The boundary any person may bring a civil action in the S. 158. A bill to establish the Long Is- of the lands authorized by this section for United States District Court for the District land Sound Stewardship Initiative; to acquisition by the Pueblo where generally of New Mexico seeking declaratory or in- the Committee on Environment and depicted on the map as immediately adja- junctive relief. Public Works.

VerDate jul 14 2003 03:54 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.087 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S485 Mr. LIEBERMAN. Mr. President, I (2) 8,000,000 people live within the Long Is- (D) addresses reserve size, replication, rise today to re-introduce legislation land Sound watershed and 28,000,000 people connectivity, species viability, location, and that would establish a new system to (approximately 10 percent of the population public recreation values; preserve the environmental quality of of the United States) live within 50 miles of (E) uses geographic information systems Long Island Sound; technology and algorithms to integrate se- Long Island Sound by identifying, pro- (3) activities that depend on the environ- lection criteria; and tecting, and enhancing sites within the mental health of Long Island Sound con- (F) will result in achieving the goals of Long Island Sound ecosystem that tribute more than $5,000,000,000 each year to stewardship site selection at the lowest cost. have significant ecological, edu- the regional economy; (8) THREAT.—The term ‘‘threat’’ means a cational, open space, public access, or (4) the portion of the shoreline of Long Is- threat that is likely to destroy or seriously recreational value. land Sound that is accessible to the general degrade a conservation target or a recreation With this legislation, we hope to pre- public (estimated at less than 20 percent of area. serve the natural beauty and ecological the total shoreline) is not adequate to serve SEC. 4. LONG ISLAND SOUND STEWARDSHIP INI- wonder of the majestic waterway be- the needs of the people living in the area; TIATIVE REGION. (5) existing shoreline facilities are in many tween New York and Connecticut, (a) ESTABLISHMENT.—There is established cases overburdened and underfunded; in the States the Long Island Sound Stew- which my New York and Connecticut (6) large parcels of open space already in ardship Initiative Region. colleagues and I have worked hard to- public ownership are strained by the effort (b) BOUNDARIES.—The Region shall encom- gether to improve. We have come a to balance the demand for recreation with pass the immediate coastal upland and un- long way in restoring the Sound and its the needs of sensitive natural resources; derwater areas along Long Island Sound, in- rich biodiversity over the past several (7) approximately 1⁄3 of the tidal marshes of cluding— decades, but our progress may be in Long Island Sound have been filled, and (1) those portions of the Sound with coast- jeopardy if we do not take measures much of the remaining marshes have been ally influenced vegetation, as described on ditched, dyked, or impounded, reducing the now to protect remaining sites of bio- the map entitled the ‘‘Long Island Sound ecological value of the marshes; and Stewardship Region’’ and dated April 21, logical diversity. Despite our best ef- (8) much of the remaining exemplary nat- 2004; and forts, we are continuing to lose unpro- ural landscape is vulnerable to further devel- (2) the Peconic Estuary, as described on tected open sites along the shore. That opment. the map entitled ‘‘Peconic Estuary Program is why this Act is so important. (b) PURPOSE.—The purpose of this Act is to Study Area Boundaries’’, included in the One of the important features of the establish the Long Island Sound Stewardship Comprehensive Conservation and Manage- Stewardship Act I am introducing is Initiative to identify, protect, and enhance ment Plan for the Peconic Estuary Program that it will use new approaches to ad- sites within the Long Island Sound eco- and dated November 15, 2001. dress an old problem, the proper con- system with significant ecological, edu- SEC. 5. LONG ISLAND SOUND STEWARDSHIP AD- cational, open space, public access, or rec- VISORY COMMITTEE. servation of our resources. The legisla- reational value through a bi-State network tion includes novel conservation tech- (a) ESTABLISHMENT.—There is established a of sites best exemplifying these values. committee to be known as the ‘‘Long Island niques that are designed to accomplish SEC. 3. DEFINITIONS. Sound Stewardship Advisory Committee’’. their goals at the least cost. First, it In this Act: (b) CHAIRPERSON.—The Chairperson of the involves purchasing property or prop- (1) ADAPTIVE MANAGEMENT.—The term Committee shall be the Director of the Long erty rights or entering into binding ‘‘adaptive management’’ means a scientific Island Sound Office of the Environmental legal agreements with property owners, process— Protection Agency, or a designee of the Di- but does so through a process that is (A) for— rector. voluntary and that explicitly respects (i) developing predictive models; (c) MEMBERSHIP.— the interests and rights of private (ii) making management policy decisions (1) COMPOSITION.— based upon the model outputs; (A) APPOINTMENT OF MEMBERS.— property owners. It also uses estab- (iii) revising the management policies as (i) IN GENERAL.—The Chairperson shall ap- lished scientific methods for identi- data become available with which to evalu- point the members of the Committee in ac- fying potential coastal sites. Finally, it ate the policies; and cordance with this subsection and section incorporates a flexible management (iv) acknowledging uncertainty, com- 320(c) of the Federal Water Pollution Control system that institutionalizes learning plexity, and variance in the spatial and tem- Act (33 U.S.C. 1330(c)). and ensures efficiency in the identifica- poral aspects of natural systems; and (ii) ADDITIONAL MEMBERS.—In addition to tion and acquisition of conservation (B) that requires that management be the requirements described in clause (i), the and recreation sites. viewed as experimental. Committee shall include— (2) ADMINISTRATOR.—The term ‘‘Adminis- (I) a representative from the Regional Plan The value of this legislation, which trator’’ means the Administrator of the En- Association; passed the Senate by unanimous con- vironmental Protection Agency. (II) a representative of the marine trade sent during the last Congress, is clear. (3) COMMITTEE.—The term ‘‘Committee’’ organizations; and I look forward to working with my co- means the Long Island Sound Stewardship (III) a representative of private landowner sponsors from Connecticut and New Advisory Committee established by section interests. York, Senators DODD, CLINTON, and 5(a). (B) REPRESENTATION.—In appointing mem- SCHUMER, and a bipartisan group of our (4) REGION.—The term ‘‘Region’’ means the bers to the Committee, the Chairperson shall Connecticut and New York House col- Long Island Sound Stewardship Initiative consider— Region established by section 4(a). (i) Federal, State, and local government leagues to enact this legislation and (5) STATES.—The term ‘‘States’’ means the interests; ensure that we can take necessary States of Connecticut and New York. (ii) the interests of nongovernmental orga- common-sense steps to protect and pre- (6) STEWARDSHIP SITE.—The term ‘‘steward- nizations; serve Long Island Sound for genera- ship site’’ means a site that— (iii) academic interests; and tions to come. (A) qualifies for identification by the Com- (iv) private interests. I ask unanimous consent that the mittee under section 8; and (2) DATE OF APPOINTMENTS.—Not later than text of the bill be printed in the (B) is an area of land or water or a com- 180 days after the date of enactment of this RECORD. bination of land and water— Act, the appointment of all members of the There being no objection, the text of (i) that is in the Region; and Committee shall be made. the bill was ordered to be printed in (ii) that is— (d) TERM; VACANCIES.— (I) Federal, State, local, or tribal land or (1) TERM.— the RECORD, as follows: water; (A) IN GENERAL.—A member shall be ap- S. 158 (II) land or water owned by a nonprofit or- pointed for a term of 4 years. Be it enacted by the Senate and House of Rep- ganization; or (B) MULTIPLE TERMS.—A person may be ap- resentatives of the United States of America in (III) privately owned land or water. pointed as a member of the Committee for Congress assembled, (7) SYSTEMATIC SITE SELECTION.—The term more than 1 term. SECTION 1. SHORT TITLE. ‘‘systematic site selection’’ means a process (2) VACANCIES.—A vacancy on the Com- This Act may be cited as the ‘‘Long Island of selecting stewardship sites that— mittee shall— Sound Stewardship Act of 2005’’. (A) has explicit goals, methods, and cri- (A) be filled not later than 90 days after SEC. 2. FINDINGS AND PURPOSE. teria; the vacancy occurs; (a) FINDINGS.—Congress finds that— (B) produces feasible, repeatable, and de- (B) not affect the powers of the Committee; (1) Long Island Sound is a national treas- fensible results; and ure of great cultural, environmental, and ec- (C) provides for consideration of natural, (C) be filled in the same manner as the ological importance; physical, and biological patterns, original appointment was made.

VerDate jul 14 2003 03:54 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.096 S25PT1 S486 CONGRESSIONAL RECORD — SENATE January 25, 2005

(3) STAFF.— party to a contract with the Committee (vii) land cover; (A) IN GENERAL.—The Chairperson of the under this Act shall be considered an em- (viii) scientific, research, or educational Committee may appoint and terminate per- ployee of the Committee. value; sonnel as necessary to enable the Committee (ii) PROHIBITION ON DISCLOSURE.—Informa- (ix) threats; and to perform the duties of the Committee. tion obtained by the Committee, other than (x) other criteria developed by the Com- (B) PERSONNEL AS FEDERAL EMPLOYEES.— information that is available to the public, mittee. (i) IN GENERAL.—Any personnel of the Com- shall not be disclosed to any person in any (3) PUBLICATION OF LIST.—After completion mittee who are employees of the Committee manner except to an employee of the Com- of the site identification process, the Com- shall be employees under section 2105 of title mittee as described in clause (i) for the pur- mittee shall— 5, United States Code, for purposes of chap- pose of receiving, reviewing, or processing (A) publish in the Federal Register a list of ters 63, 81, 83, 84, 85, 87, 89, and 90 of that the information. sites that further the purposes of this Act; title. (c) POSTAL SERVICES.—The Committee may and (ii) MEMBERS OF COMMITTEE.—Clause (i) use the United States mails in the same (B) prior to publication of the list, provide does not apply to members of the Com- manner and under the same conditions as to owners of the sites to be published— mittee. other agencies of the Federal Government. (i) a notification of publication; and (e) INITIAL MEETING.—Not later than 30 (d) DONATIONS.—The Committee may ac- (ii) an opportunity to decline inclusion of days after the date on which all members of cept, use, and dispose of donations of serv- the site of the owner on the list. the Committee have been appointed, the ices or property that advance the goals of (4) DEVIATION FROM PROCESS.— Committee shall hold the initial meeting of the Long Island Sound Stewardship Initia- (A) IN GENERAL.—The Committee may the Committee. tive. identify as a potential stewardship site, a (f) MEETINGS.—The Committee shall meet SEC. 8. STEWARDSHIP SITES. site that does not meet the criteria in para- at the call of the Chairperson, but no fewer (a) INITIAL SITES.— graph (1) or (2), or reject a site selected than 4 times each year. (1) IDENTIFICATION.— under paragraph (1) or (2), if the Com- (g) QUORUM.—A majority of the members of (A) IN GENERAL.—The Committee shall the Committee shall constitute a quorum, mittee— identify 20 initial Long Island Sound stew- (i) selects a site that makes significant ec- but a lesser number of members may hold ardship sites that the Committee has deter- hearings. ological or recreational contributions to the mined— Region; SEC. 6. DUTIES OF THE COMMITTEE. (i)(I) are natural resource-based recreation The Committee shall— (ii) publishes the reasons that the Com- areas; or mittee decided to deviate from the system- (1) consistent with the guidelines described (II) are exemplary natural areas with eco- in section 8— atic site selection process; and logical value; and (iii) before identifying or rejecting the po- (A) evaluate applications from government (ii) best promote the purposes of this Act. or nonprofit organizations qualified to hold tential stewardship site, provides to the own- (B) EXEMPTION.—Sites described in sub- ers of the site the notification of publication, conservation easements for funds to pur- paragraph (A) are not subject to the site chase land or development rights for stew- and the opportunity to decline inclusion of identification process described in sub- the site on the list published under para- ardship sites; section (d). (B) evaluate applications to develop and graph (3)(A), described in paragraph (3)(B). (2) EQUITABLE DISTRIBUTION OF FUNDS FOR (5) PUBLIC COMMENT.—In identifying poten- implement management plans to address INITIAL SITES.—In identifying initial sites threats; tial stewardship sites, the Committee shall under paragraph (1), the Committee shall consider public comments. (C) evaluate applications to act on oppor- exert due diligence to recommend an equi- tunities to protect and enhance stewardship table distribution of funds between the (e) GENERAL GUIDELINES FOR MANAGE- sites; and States for the initial sites. MENT.— (D) recommend that the Administrator (b) APPLICATION FOR IDENTIFICATION AS A (1) IN GENERAL.—The Committee shall use award grants to qualified applicants; STEWARDSHIP SITE.—Subsequent to the iden- an adaptive management framework to iden- (2) recommend guidelines, criteria, sched- tification of the initial stewardship sites tify the best policy initiatives and actions ules, and due dates for evaluating informa- under subsection (a), owners of sites may through— tion to identify stewardship sites; submit applications to the Committee in ac- (A) definition of strategic goals; (3) publish a list of sites that further the cordance with subsection (c) to have the (B) definition of policy options for methods purposes of this Act, provided that owners of sites identified as stewardship sites. to achieve strategic goals; sites shall be— (c) IDENTIFICATION.—The Committee shall (C) establishment of measures of success; (A) notified prior to the publication of the review applications submitted by owners of (D) identification of uncertainties; list; and potential stewardship sites to determine (E) development of informative models of (B) allowed to decline inclusion on the list; whether the sites should be identified as ex- policy implementation; (4) raise awareness of the values of and hibiting values consistent with the purposes (F) separation of the landscape into geo- threats to these sites; and of this Act. graphic units; (5) leverage additional resources for im- (d) SITE IDENTIFICATION PROCESS.— (G) monitoring key responses at different proved stewardship of the Region. (1) NATURAL RESOURCE-BASED RECREATION spatial and temporal scales; and SEC. 7. POWERS OF THE COMMITTEE. AREAS.—The Committee shall identify addi- (H) evaluation of outcomes and incorpora- (a) HEARINGS.—The Committee may hold tional recreation areas with potential as tion into management strategies. such hearings, meet and act at such times stewardship sites using a selection technique (2) APPLICATION OF ADAPTIVE MANAGEMENT and places, take such testimony, and receive that includes— FRAMEWORK.—The Committee shall apply the such evidence as the Committee considers (A) public access; adaptive management framework to the advisable to carry out this Act. (B) community support; process for updating the list of recommended (b) INFORMATION FROM FEDERAL AGEN- (C) areas with high population density; stewardship sites. CIES.— (D) environmental justice (as defined in (1) IN GENERAL.—The Committee may se- section 385.3 of title 33, Code of Federal Reg- SEC. 9. REPORTS. cure directly from a Federal agency such in- ulations (or successor regulations)); (a) IN GENERAL.—For each of fiscal years formation as the Committee considers nec- (E) connectivity to existing protected 2006 through 2013, the Committee shall sub- essary to carry out this Act. areas and open spaces; mit to the Administrator an annual report (2) PROVISION OF INFORMATION.— (F) cultural, historic, and scenic areas; and that contains— (A) IN GENERAL.—Subject to subparagraph (G) other criteria developed by the Com- (1) a detailed statement of the findings and (C), on request of the Chairperson of the mittee. conclusions of the Committee since the last Committee, the head of a Federal agency (2) NATURAL AREAS WITH ECOLOGICAL report; shall provide the information requested by VALUE.—The Committee shall identify addi- (2) a description of all sites recommended the Chairperson to the Committee. tional natural areas with ecological value by the Committee to be approved as steward- (B) ADMINISTRATION.—The furnishing of in- and potential as stewardship sites— ship sites; formation by a Federal agency to the Com- (A) based on measurable conservation tar- (3) the recommendations of the Committee mittee shall not be considered a waiver of gets for the Region; and for such legislation and administrative ac- any exemption available to the agency under (B) following a process for prioritizing new tions as the Committee considers appro- section 552 of title 5, United States Code. sites using systematic site selection, which priate; and (C) INFORMATION TO BE KEPT CONFIDEN- shall include— (4) in accordance with subsection (b), the TIAL.— (i) ecological uniqueness; recommendations of the Committee for the (i) IN GENERAL.—For purposes of section (ii) species viability; awarding of grants. 1905 of title 18, United States Code— (iii) habitat heterogeneity; (I) the Committee shall be considered an (iv) size; (b) GENERAL GUIDELINES FOR RECOMMENDA- agency of the Federal Government; and (v) quality; TIONS.— (II) any individual employed by an indi- (vi) connectivity to existing protected (1) IN GENERAL.—The Committee shall rec- vidual, entity, or organization that is a areas and open spaces; ommend that the Administrator award

VerDate jul 14 2003 03:54 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.092 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S487 grants to qualified applicants to help to se- (2) REGULATORY AUTHORITY.—The establish- addressing the various issues raised by cure and improve the open space, public ac- ment of the Region and the boundaries of the the exchange. I want to thank Senator cess, or ecological values of stewardship Region does not provide any regulatory au- KYL and his staff, as well as Senators sites, through— thority not in existence on the date of enact- DOMENICI and BINGAMAN, and their (A) purchase of the property of the site; ment of this Act on land use in the Region (B) purchase of relevant property rights of by any management entity, except for such staffs on the Senate Energy and Nat- the site; or property rights as may be purchased from or ural Resources Committee, for their (C) entering into any other binding legal donated by the owner of the property (in- tireless efforts in reaching this agree- arrangement that ensures that the values of cluding the Federal Government or a State ment at the end of the last session. I the site are sustained, including entering or local government, if applicable). also want to recognize the work of Con- into an arrangement with a land manager or SEC. 11. AUTHORIZATION OF APPROPRIATIONS. gressmen RENZI and HAYWORTH who owner to develop or implement an approved (a) IN GENERAL.—There is authorized to be have championed this legislation in the management plan that is necessary for the appropriated to carry out this Act $25,000,000 House of Representatives. Representa- conservation of natural resources. for each of fiscal years 2006 through 2013. tive RENZI plans to introduce a com- (2) EQUITABLE DISTRIBUTION OF FUNDS.—The (b) USE OF FUNDS.—For each fiscal year, Committee shall exert due diligence to rec- panion bill in the House this week. funds made available under subsection (a) The Arizona delegation is strongly ommend an equitable distribution of funds shall be used by the Administrator, after re- between the States. viewing the recommendations of the Com- supportive of the legislation because it (c) ACTION BY THE ADMINISTRATOR.— mittee submitted under section 9, for— will offer significant benefits for all (1) IN GENERAL.—Not later than 90 days (1) acquisition of land and interests in parties. Benefits will accrue to the U.S. after receiving a report under subsection (a), land; Forest Service and the public with the the Administrator shall— (2) development and implementation of consolidation of checkerboard lands (A) review the recommendations of the site management plans; and the protection and enhanced man- Committee; and (3) site enhancements to reduce threats or (B) take actions consistent with the rec- agement of extensive forest and grass- promote stewardship; and lands. The communities of Flagstaff, ommendations of the Committee, including (4) administrative expenses of the Com- the approval of identified stewardship sites mittee. Williams, and Camp Verde will also and the award of grants, unless the Adminis- (c) FEDERAL SHARE.—The Federal share of benefit in terms of economic develop- trator makes a finding that any rec- the cost of an activity carried out using any ment opportunities, water supply, and ommendation is unwarranted by the facts. assistance or grant under this Act shall not other important purposes. (2) REPORT.—Not later than 1 year after exceed 75 percent of the total cost of the ac- While facilitating the exchange of the date of enactment of this Act, the Ad- tivity. public and private lands is a very im- ministrator shall develop and publish a re- SEC. 12. LONG ISLAND SOUND AUTHORIZATION portant objective of this legislation, port that— OF APPROPRIATIONS. (A) assesses the current resources of and and indeed, was the original purpose Section 119(f) of the Federal Water Pollu- when we began working on it several threats to Long Island Sound; tion Control Act (33 U.S.C. 1269(f)) is amend- (B) assesses the role of the Long Island ed by striking ‘‘2005’’ each place it appears years ago, I now consider the provi- Sound Stewardship Initiative in protecting and inserting ‘‘2009’’. sions concerning water management Long Island Sound; SEC. 13. TERMINATION OF COMMITTEE. even more crucial. Since introducing (C) establishes guidelines, criteria, sched- The Committee shall terminate on Decem- the original legislation in April 2003, I ules, and due dates for evaluating informa- ber 31, 2013. have heard from hundreds of Arizonans tion to identify stewardship sites; and learned first-hand of the signifi- (D) includes information about any grants By Mr. MCCAIN (for himself and that are available for the purchase of land or cant water issues raised by the transfer property rights to protect stewardship sites; Mr. KYL): of Federal land into private ownership. (E) accounts for funds received and ex- S. 161. A bill to provide for a land ex- We have modified the bill to take into pended during the previous fiscal year; change in the State of Arizona between account many of the concerns raised (F) shall be made available to the public on the Secretary of Agriculture and during meetings held in Northern Ari- the Internet and in hardcopy form; and Yavapai Ranch Limited Partnership; to zona by limiting water usage on ex- (G) shall be updated at least every other the Committee on Energy and Natural changed lands and removing certain year, except that information on funding and Resources. lands entirely from the exchange. any new stewardship sites identified shall be Mr. MCCAIN. Mr. President, I am There is growing recognition published more frequently. pleased to join with Senator KYL in in- throughout Arizona of the need to face SEC. 10. PRIVATE PROPERTY PROTECTION. troducing the Northern Arizona Forest the crucial challenge of wise manage- (a) ACCESS TO PRIVATE PROPERTY.—Noth- Lands Exchange and Verde River Basin ing in this Act— ment of limited water supplies, par- (1) requires any private property owner to Partnership Act of 2005. The Senate ticularly with the extended drought allow public access (including Federal, passed by unanimous consent a nearly coupled with rapid population growth. State, or local government access) to the pri- identical measure late last year. Unfor- Earlier this month, I had the oppor- vate property; or tunately, the House did not have the tunity to participate in an Arizona (2) modifies any provision of Federal, time to pass the bill before the 108th Water Conservation Forum which was State, or local law with regard to public ac- Congress adjourned. It is my hope that attended by educators, business lead- cess to or use of private property, except as this compromise bill will pass quickly ers, and State and local officials. I entered into by voluntary agreement of the in both Houses and become law in the owner or custodian of the property. think the majority of us came away (b) LIABILITY.—Approval of the Long Island near future. more aware of the management meas- Sound Stewardship Initiative Region does This legislation is the product of ures needed to provide for a more se- not create any liability, or have any effect many years of negotiation and com- cure water future. on any liability under any other law, of any promise. It provides a sound framework This bill promotes an important op- private property owner with respect to any for a fair and equal value exchange of portunity to encourage sound water person injured on the private property. 50,000 acres of private and public land management in Northern Arizona by (c) RECOGNITION OF AUTHORITY TO CONTROL in Northern Arizona. The bill also ad- supporting the creation of a collabo- LAND USE.—Nothing in this Act modifies the dresses water issues associated with rative, science-based decision-making authority of Federal, State, or local govern- ments to regulate land use. the exchange of lands located within body to advance essential planning and (d) PARTICIPATION OF PRIVATE PROPERTY the Verde River Basin watershed by management at the State and local OWNERS IN THE LONG ISLAND SOUND STEWARD- limiting water usage on certain ex- level. To be successful, this effort will SHIP INITIATIVE REGION.—Nothing in this Act changed lands and supporting the de- require the involvement of all the requires the owner of any private property velopment of a collaborative science- stakeholders with water supply respon- located within the boundaries of the Region based water resource planning and sibilities and interests and a solid foun- to participate in or be associated with the management entity for the Verde River dation of knowledge about available re- Initiative. Basin watershed. sources and existing demands. We are (e) EFFECT OF ESTABLISHMENT.— (1) IN GENERAL.—The boundaries approved After countless hours of deliberation fortunate to have an existing model of for the Region represent the area within and discussion by all parties, I believe collaborative science-based water re- which Federal funds appropriated for the that the compromise reached on the source planning and management with purpose of this Act may be expended. bill is both balanced and foresighted in the Upper San Pedro Partnership in

VerDate jul 14 2003 03:54 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.092 S25PT1 S488 CONGRESSIONAL RECORD — SENATE January 25, 2005 the Sierra Vista subwatershed of Ari- prior to the exchange as provided in this (4) If the value of the Federal land exceeds zona. In my view, the establishment of title. the value of the non-Federal land by more a similar, cooperative body in the (4)(A) By mutual agreement, the Secretary than $50,000, the Secretary and Yavapai and Yavapai Ranch may make minor and Verde Basin will be a vital step in as- Ranch shall, by mutual agreement, delete technical corrections to the maps and legal additional Federal land from the exchange suring the wise use of our limited descriptions of the lands and interests there- until the value of the Federal land and non- water resources. in exchanged or retained under this title, in- Federal land is, to the maximum extent I look forward to the expeditious pas- cluding changes, if necessary to conform to practicable, equal. sage of this legislation in this Congress surveys approved by the Bureau of Land (d) APPRAISALS.—(1) The value of the Fed- and again thank all of the parties in- Management. eral land and non-Federal land shall be de- volved with this effort during the past (B) In the case of any discrepancy between termined by appraisals prepared in accord- a map and legal description, the map shall ance with the Uniform Appraisal Standards several years. I ask unanimous consent prevail unless the Secretary and Yavapai that the text of the bill be printed in for Federal Land Acquisitions and the Uni- Ranch agree otherwise. form Standards of Professional Appraisal the RECORD. (b) EXCHANGE PROCESS.—(1) Except as oth- Practice. There being no objection, the bill was erwise provided in this title, the land ex- (2)(A) After the Secretary has reviewed and ordered to be printed in the RECORD, as change under subsection (a) shall be under- approved the final appraised values of the follows: taken in accordance with section 206 of the Federal land and non-Federal land to be ex- Federal Land Policy and Management Act changed, the Secretary shall not be required S. 161 (43 U.S.C. 1716). to reappraise or update the final appraised Be it enacted by the Senate and House of Rep- (2) Before completing the land exchange values before the completion of the land ex- resentatives of the United States of America in under this title, the Secretary shall perform change. Congress assembled, any necessary land surveys and pre-exchange (B) This paragraph shall apply during the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. inventories, clearances, reviews, and approv- three-year period following the approval by (a) SHORT TITLE.—This Act may be cited as als, including those relating to hazardous the Secretary of the final appraised values of the ‘‘Northern Arizona Land Exchange and materials, threatened and endangered spe- the Federal land and non-Federal land unless Verde River Basin Partnership Act of 2005’’. cies, cultural and historic resources, and the Secretary and Yavapai Ranch have en- (b) TABLE OF CONTENTS.—The table of con- wetlands and flood plains. tered into an agreement to implement the tents of this Act is as follows: (c) EQUAL VALUE EXCHANGE.—(1) The value exchange. of the Federal land and the non-Federal land Sec. 1. Short title; table of contents. (3) During the appraisal process, the ap- shall be equal, or equalized by the Secretary praiser shall determine the value of each TITLE I—NORTHERN ARIZONA LAND by adjusting the acreage of the Federal land parcel of Federal land and non-Federal land EXCHANGE in accordance with paragraph (2). (including the contributory value of each in- Sec. 101. Definitions. (2) If the final appraised value of the Fed- dividual section of the intermingled Federal Sec. 102. Land exchange. eral land exceeds the final appraised value of and non-Federal land of the property de- Sec. 103. Description of non-Federal land. the non-Federal land, prior to making other scribed in sections 103(a) and 104(a)(1)) as an Sec. 104. Description of Federal land. adjustments, the Federal lands shall be ad- assembled transaction. Sec. 105. Status and management of land justed by deleting all or part of the parcels (4)(A) To ensure the timely and full disclo- after exchange. or portions of the parcels in the following sure to the public of the final appraised val- Sec. 106. Miscellaneous provisions. order: ues of the Federal land and non-Federal land, Sec. 107. Conveyance of additional land. (A) A portion of the Camp Verde parcel de- the Secretary shall provide public notice of TITLE II—VERDE RIVER BASIN scribed in section 104(a)(4), comprising ap- any appraisals approved by the Secretary PARTNERSHIP proximately 316 acres, located in the Pres- and copies of such appraisals shall be avail- Sec. 201. Purpose. cott National Forest, and more particularly able for public inspection in appropriate of- Sec. 202. Definitions. described as lots 1, 5, and 6 of section 26, the fices of the Prescott, Coconino, and Kaibab Sec. 203. Verde River Basin Partnership. NE1⁄4NE1⁄4 portion of section 26 and the National Forests. Sec. 204. Verde River Basin studies. N1⁄2N1⁄2 portion of section 27, Township 14 (B) The Secretary shall also provide copies Sec. 205. Verde River Basin Partnership final North, Range 4 East, Gila and Salt River of any approved appraisals to the cities and report. Base and Meridian, Yavapai County, Ari- the owners of the camps described in section Sec. 206. Memorandum of understanding. zona. 101(1). Sec. 207. Effect. (B) A portion of the Camp Verde parcel de- (e) CONTRACTING.—(1) If the Secretary scribed in section 104(a)(4), comprising ap- TITLE I—NORTHERN ARIZONA LAND lacks adequate staff or resources to complete proximately 314 acres, located in the Pres- EXCHANGE the exchange by the date specified in section cott National Forest, and more particularly 106(c), Yavapai Ranch, subject to the agree- SEC. 101. DEFINITIONS. described as lots 2, 7, 8, and 9 of section 26, ment of the Secretary, may contract with In this title: 1 1 the SE ⁄4NE ⁄4 portion of section 26, and the independent third-party contractors to carry (1) CAMP.—The term ‘‘camp’’ means Camp 1 1 S ⁄2N ⁄2 of section 27, Township 14 North, out any work necessary to complete the ex- Pearlstein, Friendly Pines, Patterdale Pines, Range 4 East, Gila and Salt River Base and change by that date. Pine Summit, Sky Y, and Young Life Lost Meridian, Yavapai County, Arizona. (2) If, in accordance with this subsection, Canyon camps in the State of Arizona. (C) Beginning at the south boundary of sec- Yavapai Ranch contracts with an inde- (2) CITIES.—The term ‘‘cities’’ means the tion 31, Township 20 North, Range 5 West, pendent third-party contractor to carry out cities of Flagstaff, Williams, and Camp Gila and Salt River Base and Meridian, any work that would otherwise be performed Verde, Arizona. Yavapai County, Arizona, and sections 33 and by the Secretary, the Secretary shall reim- (3) FEDERAL LAND.—The term ‘‘Federal 35, Township 20 North, Range 6 West, Gila burse Yavapai Ranch for the costs for the land’’ means the land described in section and Salt River Base and Meridian, Yavapai third-party contractors. 104. County, Arizona, by adding to the non-Fed- (f) EASEMENTS.—(1) The exchange of non- (4) NON-FEDERAL LAND.—The term ‘‘non- eral land to be conveyed to the United States Federal and Federal land under this title Federal land’’ means the land described in in 1⁄8-section increments (E-W 64th line) shall be subject to any easements, rights-of- section 103. while deleting from the conveyance to way, utility lines, and any other valid en- (5) SECRETARY.—The term ‘‘Secretary’’ Yavapai Ranch Federal land in the same in- cumbrances in existence on the date of en- means the Secretary of Agriculture. cremental portions of section 32, Township 20 actment of this Act, including acquired ease- (6) YAVAPAI RANCH.—The term ‘‘Yavapai North, Range 5 West, Gila and Salt River ments for water pipelines as generally de- Ranch’’ means the Yavapai Ranch Limited Base and Meridian, Yavapai County, Ari- picted on the map entitled ‘‘Yavapai Ranch Partnership, an Arizona Limited Partner- zona, and sections 32, 34, and 36 in Township Land Exchange, YRLP Acquired Easements ship, and the Northern Yavapai, L.L.C., an 20 North, Range 6 West, Gila and Salt River for Water Lines’’ dated August 2004, and any Arizona Limited Liability Company. Base and Meridian, Yavapai County, Ari- other reservations that may be agreed to by SEC. 102. LAND EXCHANGE. zona, to establish a linear and continuous the Secretary and Yavapai Ranch. (a) IN GENERAL.—(1) Upon the conveyance boundary that runs east-to-west across the (2) Upon completion of the land exchange by Yavapai Ranch of title to the non-Federal sections. under this title, the Secretary and Yavapai land identified in section 103, the Secretary (D) Any other parcels, or portions thereof, Ranch shall grant each other at no charge shall simultaneously convey to Yavapai agreed to by the Secretary and Yavapai reciprocal easements for access and utilities Ranch title to the Federal land identified in Ranch. across, over, and through— section 104. (3) If any parcel of Federal land or non- (A) the routes depicted on the map entitled (2) Title to the lands to be exchanged shall Federal land is not conveyed because of any ‘‘Yavapai Ranch Land Exchange, Road and be in a form acceptable to the Secretary and reason, that parcel of land, or portion there- Trail Easements, Yavapai Ranch Area’’ Yavapai Ranch. of, shall be excluded from the exchange and dated August 2004; and (3) The Federal and non-Federal lands to be the remaining lands shall be adjusted as pro- (B) any relocated routes that are agreed to exchanged under this title may be modified vided in this subsection. by the Secretary and Yavapai Ranch.

VerDate jul 14 2003 04:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.097 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S489 (3) An easement described in paragraph (2) SEC. 103. DESCRIPTION OF NON-FEDERAL LAND. mately 200 acres, as generally depicted on shall be unrestricted and non-exclusive in (a) IN GENERAL.—The non-Federal land re- the map entitled ‘‘Yavapai Ranch Land Ex- nature and shall run with and benefit the ferred to in this title consists of approxi- change, Prescott Federal Lands, Summer land. mately 35,000 acres of privately-owned land Youth Camp Parcels’’, dated August 2004. (g) CONVEYANCE OF FEDERAL LAND TO CIT- within the boundaries of the Prescott Na- (b) CONDITION OF CONVEYANCE OF CAMP IES AND CAMPS.—(1) Prior to the completion tional Forest, as generally depicted on the VERDE PARCEL.—(1) To conserve water in the of the land exchange between Yavapai Ranch map entitled ‘‘Yavapai Ranch Land Ex- Verde Valley, Arizona, and to minimize the and the Secretary, the cities and the owners change, Non-Federal Lands’’, dated August adverse impacts from future development of of the camps may enter into agreements 2004. the Camp Verde General Crook parcel de- with Yavapai Ranch whereby Yavapai (b) EASEMENTS.—(1) The conveyance of scribed in subsection (a)(4) on current and fu- Ranch, upon completion of the land ex- non-Federal land to the United States under ture holders of water rights in existence of change, will convey to the cities or the own- section 102 shall be subject to the reserva- the date of enactment of this Act and the ers of the camps the applicable parcel of Fed- tion of— Verde River and National Forest System eral land or portion thereof. (A) water rights and perpetual easements lands retained by the United States, the (2) If Yavapai Ranch and the cities or camp that run with and benefit the land retained United States shall limit in perpetuity the owners have not entered into agreements in by Yavapai Ranch for— use of water on the parcel by reserving con- accordance with paragraph (1), the Secretary (i) the operation, maintenance, repair, im- servation easements that— shall, on notification by the cities or owners provement, development, and replacement of (A) run with the land; of the camps no later than 30 days after the not more than 3 wells in existence on the (B) prohibit golf course development on the date the relevant approved appraisal is made date of enactment of this Act; parcel; publicly available, delete the applicable par- (ii) related storage tanks, valves, pumps, (C) require that any public park or green- cel or portion thereof from the land ex- and hardware; and belt on the parcel be watered with treated change between Yavapai Ranch and the (iii) pipelines to point of use; and wastewater; United States as follows: (B) easements for reasonable access to ac- (D) limit total post-exchange water use on (A) Upon request of the City of Flagstaff, complish the purposes of the easements de- the parcel to not more than 300 acre-feet of Arizona, the parcels, or portion thereof, de- scribed in subparagraph (A). water per year; scribed in section 104(a)(2). (2) Each easement for an existing well re- (E) provide that any water supplied by mu- (B) Upon request of the City of Williams, ferred to in paragraph (1) shall be 40 acres in nicipalities or private water companies shall Arizona, the parcels, or portion thereof, de- area, and to the maximum extent prac- count towards the post-exchange water use scribed in section 104(a)(3). ticable, centered on the existing well. limitation described in subparagraph (D); (C) Upon request of the City of Camp (3) The United States shall be entitled to and Verde, Arizona, a portion of the parcel de- one-half the production of each existing or (F) except for water supplied to the parcel scribed in section 104(a)(4), comprising ap- replacement well, not to exceed a total of by municipal water service providers or pri- proximately 514 acres located southeast of 3,100,000 gallons of water annually for Na- vate water companies, require that any the southeastern boundary of the I–17 right- tional Forest System purposes. water used for the parcel not be withdrawn of-way, and more particularly described as (4) The locations of the easements and from wells perforated in the saturated Holo- the SE1⁄4 portion of the southeast quarter of wells shall be as generally depicted on the cene alluvium of the Verde River. section 26, the E1⁄2 and the E1⁄2W1⁄2 portions of map entitled ‘‘Yavapai Ranch Land Ex- (2) If Yavapai Ranch conveys the Camp section 35, and lots 5 through 7 of section 36, change, Reserved Easements for Water Lines Verde parcel described in subsection (a)(4), Township 14 North, Range 4 East, Gila and and Wells’’, dated August 2004. or any portion thereof, the terms of convey- Salt River Base and Meridian, Yavapai Coun- SEC. 104. DESCRIPTION OF FEDERAL LAND. ance shall include a recorded and binding ty, Arizona. (a) IN GENERAL.—The Federal land referred agreement of the quantity of water available (D) Upon request of the owners of the to in this title consists of the following: for use on the land conveyed, as determined Younglife Lost Canyon camp, the parcel de- (1) Certain land comprising approximately by Yavapai Ranch, except that total water scribed in section 104(a)(5). 15,300 acres located in the Prescott National use on the Camp Verde parcel may not ex- (E) Upon request of the owner of Friendly Forest, as generally depicted on the map en- ceed the amount specified in paragraph Pines Camp, Patterdale Pines Camp, Camp titled ‘‘Yavapai Ranch Land Exchange, (1)(D). Pearlstein, Pine Summit, or Sky Y Camp, as Yavapai Ranch Area Federal Lands’’, dated (3) The Secretary may enter into a memo- applicable, the corresponding parcel de- August 2004. randum of understanding with the State or scribed in section 104(a)(6). (2) Certain land located in the Coconino political subdivision of the State to enforce (3)(A) Upon request of the specific city or National Forest— the terms of the conservation easement. camp referenced in paragraph (2), the Sec- (A) comprising approximately 1,500 acres SEC. 105. STATUS AND MANAGEMENT OF LAND retary shall convey to such city or camp all as generally depicted on the map entitled AFTER EXCHANGE. right, title, and interest of the United States ‘‘Yavapai Ranch Land Exchange, Flagstaff (a) IN GENERAL.—Land acquired by the in and to the applicable parcel of Federal Federal Lands Airport Parcel’’, dated August United States under this title shall become land or portion thereof, upon payment of the 2004; and part of the Prescott National Forest and fair market value of the parcel and subject (B) comprising approximately 28.26 acres in shall be administered by the Secretary in ac- to any terms and conditions the Secretary two separate parcels, as generally depicted cordance with this title and the laws applica- may require. on the map entitled ‘‘Yavapai Ranch Land ble to the National Forest System. (B) A conveyance under this paragraph Exchange, Flagstaff Federal Lands Wetzel (b) GRAZING.—Where grazing on non-Fed- shall not require new administrative or envi- School and Mt. Elden Parcels’’, dated August eral land acquired by the Secretary under ronmental analyses or appraisals beyond 2004. this title occurs prior to the date of enact- those prepared for the land exchange. (3) Certain land located in the Kaibab Na- ment of this Act, the Secretary may manage (4) A city or owner of a camp purchasing tional Forest, and referred to as the Wil- the land to allow for continued grazing use, land under this subsection shall reimburse liams Airport, Williams golf course, Wil- in accordance with the laws generally appli- Yavapai Ranch for any costs incurred which liams Sewer, Buckskinner Park, Williams cable to domestic livestock grazing on Na- are directly associated with surveys and ap- Railroad, and Well parcels number 2, 3, and 4, tional Forest System land. praisals of the specific property conveyed. cumulatively comprising approximately 950 (c) TIMBER HARVESTING.—(1) After comple- (5) A conveyance of land under this sub- acres, as generally depicted on the map enti- tion of the land exchange under this title, section shall not affect the timing of the tled ‘‘Yavapai Ranch Land Exchange, Wil- except as provided in paragraph (2), commer- land exchange. liams Federal Lands’’, dated August 2004. cial timber harvesting shall be prohibited on (6) Nothing in this subsection limits the (4) Certain land located in the Prescott Na- the non-Federal land acquired by the United authority of the Secretary or Yavapai Ranch tional Forest, comprising approximately States. to delete any of the parcels referenced in this 2,200 acres, as generally depicted on the map (2) Timber harvesting may be conducted on subsection from the land exchange. entitled ‘‘Yavapai Ranch Land Exchange, the non-Federal land acquired under this (7)(A) The Secretary shall deposit the pro- Camp Verde Federal Land General Crook title if the Secretary determines that such ceeds of any sale under paragraph (2) in a Parcel’’, dated August 2004. harvesting is necessary— special account in the fund established under (5) Certain land located in the Kaibab Na- (A) to prevent or control fires, insects, and Public Law 90–171 (commonly known as the tional Forest, comprising approximately disease through forest thinning or other for- ‘‘Sisk Act’’) (16 U.S.C. 484a). 237.5 acres, as generally depicted on the map est management techniques; (B) Amounts deposited under subparagraph entitled ‘‘Yavapai Ranch Land Exchange, (B) to protect or enhance grassland habi- (A) shall be available to the Secretary, with- Younglife Lost Canyon’’, dated August 2004. tat, watershed values, native plants and out further appropriation, to be used for the (6) Certain land located in the Prescott Na- wildlife species; or acquisition of land in the State of Arizona tional Forest, including the ‘‘Friendly (C) to improve forest health. for addition to the National Forest System, Pines’’, ‘‘Patterdale Pines’’, ‘‘Camp SEC. 106. MISCELLANEOUS PROVISIONS. including the land to be exchanged under Pearlstein’’, ‘‘Pine Summit’’, and ‘‘Sky Y’’ (a) REVOCATION OF ORDERS.—Any public or- this title. camps, cumulatively comprising approxi- ders withdrawing any of the Federal land

VerDate jul 14 2003 04:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.091 S25PT1 S490 CONGRESSIONAL RECORD — SENATE January 25, 2005 from appropriation or disposal under the (A) the quantities of water leaving the (iii) changes in groundwater storage; and public land laws are revoked to the extent Verde River Basin— (C) an analysis of the potential long-term necessary to permit disposal of the Federal (i) as discharge to the Verde River and consequences of various water use scenarios land. tributaries; on groundwater levels and Verde River flows. (b) WITHDRAWAL OF FEDERAL LAND.—Sub- (ii) as subsurface outflow; (c) PRELIMINARY REPORT AND RECOMMENDA- ject to valid existing rights, the Federal land (iii) as evapotranspiration by riparian TIONS.—. is withdrawn from all forms of entry and ap- vegetation; (1) IN GENERAL.—Not later than 16 months propriation under the public land laws; loca- (iv) as surface evaporation; after the date of enactment of this Act, tion, entry, and patent under the mining (v) for agricultural use; and using the information provided in the report laws; and operation of the mineral leasing (vi) for human consumption; and submitted under subsection (b) and any and geothermal leasing laws, until the date (B) the quantities of water replenishing the other relevant information, the Partnership on which the land exchange is completed. Verde River Basin by precipitation, infiltra- shall submit to the Secretary, the Governor (c) COMPLETION OF EXCHANGE.—It is the in- tion, and subsurface inflows. of Arizona, and representatives of the Verde tent of Congress that the land exchange au- SEC. 203. VERDE RIVER BASIN PARTNERSHIP. Valley communities, a preliminary report thorized and directed under this title be (a) IN GENERAL.—The Secretary may par- that sets forth the findings and recommenda- completed not later than 18 months after the ticipate in the establishment of a partner- tions of the Partnership regarding the long- date of enactment of this Act. ship, to be known as the ‘‘Verde River Basin term available water supply within the SEC. 107. CONVEYANCE OF ADDITIONAL LAND. Partnership’’, made up of Federal, State, Verde Valley. (a) IN GENERAL.—The Secretary shall con- local governments, and other entities with (2) CONSIDERATION OF RECOMMENDATIONS.— vey to a person that represents the majority responsibilities and expertise in water to co- The Secretary may take into account the of landowners with encroachments on the lot ordinate and cooperate in the identification recommendations included in the report sub- by quitclaim deed the parcel of land de- and implementation of comprehensive mitted under paragraph (1) with respect to scribed in subsection (b). science-based policies, projects, and manage- decisions affecting land under the jurisdic- (b) DESCRIPTION OF LAND.—The parcel of ment activities relating to the Verde River tion of the Secretary, including any future land referred to in subsection (a) is lot 8 in Basin. sales or exchanges of Federal land in the section 11, T. 21 N., R. 7 E., Gila and Salt (b) AUTHORIZATION OF APPROPRIATIONS.—On Verde River Basin after the date of enact- River Base and Meridian, Coconino County, establishment of the Partnership, there are ment of this Act. Arizona. authorized to be appropriated to the Sec- (3) EFFECT.—Any recommendations in- (c) AMOUNT OF CONSIDERATION.—In ex- retary and the Secretary of the Interior such cluded in the report submitted under para- change for the land described in subsection sums as are necessary to carry out the ac- graph (1) shall not affect the land exchange (b), the person acquiring the land shall pay tivities of the Partnership for each of fiscal process or the appraisals of the Federal land to the Secretary consideration in the years 2006 through 2010. and non-Federal land conducted under sec- amount of— SEC. 204. VERDE RIVER BASIN STUDIES. tions 103 and 104. (1) $2500; plus (a) STUDIES.— SEC. 205. VERDE RIVER BASIN PARTNERSHIP (2) any costs of re-monumenting the FINAL REPORT. (1) IN GENERAL.—The Partnership shall pre- boundary of land. Not later than 4 years after the date of en- pare a plan for conducting water resource (d) TIMING.—(1) Not later than 90 days after actment of this Act, the Partnership shall studies in the Verde River Basin that identi- the date on which the Secretary receives a submit to the Secretary and the Governor of fies— power of attorney executed by the person ac- Arizona a final report that— (A) the primary study objectives to fulfill quiring the land, the Secretary shall convey (1) includes a summary of the results of water resource planning and management to the person the land described in sub- any water resource assessments conducted needs for the Verde River Basin; and section (b). under this title in the Verde River Basin; (B) the water resource studies, hydrologic (2) If, by the date that is 270 days after the (2) identifies any areas in the Verde River models, surface and groundwater monitoring date of enactment of this Act, the Secretary Basin that are determined to have ground- networks, and other analytical tools helpful does not receive the power of attorney de- water deficits or other current or potential in the identification of long-term water sup- scribed in paragraph (1)— water supply problems; ply management options within the Verde (A) the authority provided under this sec- (3) identifies long-term water supply man- River Basin. tion shall terminate; and agement options for communities and water (2) REQUIREMENTS.—At a minimum, the (B) any conveyance of the land shall be resources within the Verde River Basin; and plan shall— made under Public Law 97–465 (16 U.S.C. 521c (4) identifies water resource analyses and (A) include a list of specific studies and et seq.). monitoring needed to support the implemen- analyses that are needed to support Partner- tation of management options. TITLE II—VERDE RIVER BASIN ship planning and management decisions; PARTNERSHIP (B) identify any ongoing or completed SEC. 206. MEMORANDUM OF UNDERSTANDING. The Secretary (acting through the Chief of SEC. 201. PURPOSE. water resource or riparian studies that are the Forest Service) and the Secretary of the The purpose of this title is to authorize as- relevant to water resource planning and Interior, shall enter into a memorandum of sistance for a collaborative and science- management for the Verde River Basin; understanding authorizing the United States based water resource planning and manage- (C) describe the estimated cost and dura- Geological Survey to access Forest Service ment partnership for the Verde River Basin tion of the proposed studies and analyses; land (including stream gauges, weather sta- in the State of Arizona, consisting of mem- and tions, wells, or other points of data collec- bers that represent— (D) designate as a study priority the com- tion on the Forest Service land) to carry out (1) Federal, State, and local agencies; and pilation of a water budget analysis for the this title. (2) economic, environmental, and commu- Verde Valley. SEC. 207. EFFECT. nity water interests in the Verde River (b) VERDE VALLEY WATER BUDGET ANAL- Nothing in this title diminishes or expands Basin. YSIS.— State or local jurisdiction, responsibilities, SEC. 202. DEFINITIONS. (1) IN GENERAL.—Subject to the avail- In this title: ability of appropriations, not later than 14 or rights with respect to water resource management or control. (1) DIRECTOR.—The term ‘‘Director’’ means months after the date of enactment of this the Director of the Arizona Department of Act, the Director of the U.S. Geological Sur- Mr. KYL. Mr. President, today, I am Water Resources. vey, in cooperation with the Director, shall pleased to join with Senator MCCAIN to (2) PARTNERSHIP.—The term ‘‘Partnership’’ prepare and submit to the Partnership a re- introduce the Northern Arizona Land means the Verde River Basin Partnership. port that provides a water budget analysis of Exchange and Verde River Basin Part- (3) PLAN.—The term ‘‘plan’’ means the plan the portion of the Verde River Basin within nership Act of 2005. This bill facilitates for the Verde River Basin required by section the Verde Valley. a large and complex land exchange of 204(a)(1). (2) COMPONENTS.—The report submitted (4) SECRETARY.—The term ‘‘Secretary’’ under paragraph (1) shall include— over 50,000 acres of Federal and private means the Secretary of Agriculture. (A) a summary of the information avail- land in Arizona to consolidate the larg- (5) STATE.—The term ‘‘State’’ means the able on the hydrologic flow regime for the est remaining checkerboard ownership State of Arizona. portion of the Middle Verde River from the in the State. It also encourages the for- (6) VERDE RIVER BASIN.—The term ‘‘Verde Clarkdale streamgauging station to the city mation of a partnership between Fed- River Basin’’ means the land area designated of Camp Verde at United States Geological eral, State, and local stakeholders to by the Arizona Department of Water Re- Survey Stream Gauge 09506000; facilitate sound water resource plan- sources as encompassing surface water and (B) with respect to the portion of the Mid- ning and management in the Verde groundwater resources, including drainage dle Verde River described in subparagraph and recharge areas with a hydrologic connec- (A), estimates of— River Basin. This bill is the product of tion to the Verde River. (i) the inflow and outflow of surface water two years of discussions and com- (7) WATER BUDGET.—The term ‘‘water budg- and groundwater; promise between the Arizona delega- et’’ means the accounting of— (ii) annual consumptive water use; and tion, United States Forest Service,

VerDate jul 14 2003 04:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.091 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S491 community groups, local officials, and quisition to just 300 acre feet a year. workers. One of the provisions of that other stakeholders. The bill passed the This limitation was strengthened from bill was written especially with the in- Senate last session, but unfortunately the previous versions of the bill which tent of not allowing companies to sim- was not enacted before adjournment. I included a use restriction of 700 acre ply reorganize as a way to get out of am introducing this legislation with feet a year. This provision sets an im- their obligations to their workers. Un- the hope that the Senate will act portant precedent for responsible water fortunately, too many companies are quickly to pass it early in this Con- use in the Verde Valley and across the increasingly using bankruptcy courts gress. state. Second, and most recently, Sen- to achieve the same results. The bill is divided into two titles. ator MCCAIN and I added Title II to the It should not be necessary for me to Title I provides the framework for the bill. This title facilitates and encour- introduce this bill today. Congress has land exchange between Yavapai Ranch ages the creation of the Verde River already spoken on this subject. The law Limited Partnership and the United Basin Partnership to examine water is clear: Coal Act retirees are entitled States Forest Service. Title II outlines issues in the long term. Such a collabo- to full benefits provided under the stat- the key aspects of the Verde River rative, multi-stakeholder group would ute. No judge should rewrite the law to Basin Partnership. The land exchange be authorized to receive federal assist- take those benefits away. However, be- outlined in Title I is a fair and equi- ance to develop the scientific and tech- cause judges are legislating from the table exchange that will yield many nical data needed to make sound bench, it will be helpful for Congress to environmental benefits to the citizens water-management decisions. reiterate our intention to protect the of Arizona. It will place approximately Finally, this bill saves significant health benefits of coal miners and their 35,000 acres of private land in federal taxpayer dollars. It obviates the ad- families. ownership for public use. This acreage ministrative route for a land exchange; This issue is extremely important to is important ecologically because it doing an exchange of this size adminis- all of those who are being victimized contains such key features as old tratively would require considerable fi- by the bankruptcy courts. I hope that growth ponderosa pine, and high qual- nancial and personnel resources from my colleagues will join me in this ef- ity grassland that serves as excellent the Forest Service. The agency esti- fort to protect the miners, retired min- habitat for pronghorn antelope and is mates that using legislation instead ers, and families who are simply seek- critical to the preservation of the wa- will cost half as much as the adminis- ing the benefits they were promised in tershed. In addition, it consolidates trative alternative—resulting in poten- exchange for years of hard work. under Forest Service ownership a 110- tial savings to the taxpayers in excess I ask unanimous consent that the square mile area in the Prescott Na- of $500,000. text of the bill be printed in the tional Forest near the existing Juniper This land exchange is a unique oppor- RECORD. Mesa Wilderness, to preserve the area tunity to protect Arizona’s natural re- There being no objection, the text of in its natural state. Without this land sources, accommodate the state’s tre- the bill was ordered to be printed in exchange, these private tracts would be mendous growth, and plan for the fu- the RECORD, as follows: open to future development. I am ture. I intend to work with my col- S. 162 pleased that this bill will preserve leagues to ensure that we pass this im- Be it enacted by the Senate and House of Rep- them for future generations. portant legislation this year. resentatives of the United States of America in The land exchange also significantly Congress assembled, improves the management of the Pres- By Mr. ROCKEFELLER: SECTION 1. PROTECTION OF COAL INDUSTRY cott National Forest. The existing S. 162. A bill to amend chapter 99 of HEALTH BENEFITS. checkboard ownership pattern makes the Internal Revenue code of 1986 to Section 9711(g) of the Internal Revenue clarify that certain coal industry Code of 1986 (relating to rules applicable to management and access difficult. By this part and part II) is amended by adding consolidating this land, the exchange health benefits may not be modified or at the end the following new paragraph: will enable the Forest Service will be terminated; to the Committee on Fi- ‘‘(3) PROHIBITION ON TERMINATION AND MODI- able to effectively apply forest restora- nance. FICATION OF BENEFITS.—Except as provided in tion treatments to reduce the fire risk Mr. ROCKEFELLER. Mr. President, subsection (d), the benefits required to be and improve the overall health of the today I am introducing legislation to provided by a last signatory operator under forest. I cannot emphasize enough how make very clear that Congress fully this chapter may not be terminated or modi- crucial this is, given the history of dev- protected the health insurance benefits fied by any court in a proceeding under title of miners and their families when we 11 of the United States Code or by agreement astating forest fires in the state. at any time when such operator is partici- In addition to protecting Arizona’s passed the Coal Act in 1992. This legis- pating in such a proceeding.’’. natural resources, Title I of the bill al- lation is identical to S. 3004 which I in- lows several Northern Arizona commu- troduced in the 108th Congress. Unfor- By Mr. BENNETT: nities to accommodate future growth tunately, it is necessary, because we S. 163. A bill to establish the Na- and economic development, and to have recently seen bankruptcy courts tional Mormon Pioneer Heritage Area meet other municipal needs. This ex- disregard the Coal Act and absolve in the State of Utah, and for other pur- change will allow the cities of Flag- companies of their obligations to pro- poses; to the Committee on Energy and staff and Williams to expand their air- vide health benefits for workers and re- Natural Resources. ports, meet their water-treatment tirees. This is unacceptable. And the Mr. BENNETT. Mr. President, I rise needs, and develop town parks and bill I am introducing today reiterates today to re-introduce the National recreation areas. The town of Camp that the bankruptcy code does not su- Mormon Pioneer Heritage Area Act. Verde will have an opportunity to ac- persede the Coal Act. The story behind and about the Mor- quire land to build an emergency cen- Last fall, another company aban- mon pioneers’ 1,400-mile trek from Illi- ter and protect its viewshed. Several doned promises it made to workers and nois to the Great Salt Lake Valley is youth organizations will be able to ac- retirees in West Virginia. Horizon Nat- one of the most compelling and capti- quire land for their camps. ural Resources sought and received a vating in our Nation’s history. This This bill addresses one of the most court ruling that released it from its legislation would designate as a Na- crucial challenges facing Arizona: contracts with union miners and al- tional Heritage Area an area that sound management of water resources. lowed it to avoid honoring health care spans some 250 miles along Highway 89 I have heard from many state and local benefit obligations for over 2,300 re- and encompasses outstanding examples officials, and the constituents affected tired miners. This is a morally bank- of historical, cultural, and natural re- by the land exchange, that we needed rupt corporate strategy, and is incon- sources that demonstrate the coloniza- to do more in this bill to address water sistent with the Coal Act passed by tion of the western United States, and issues. I note in response that this bill Congress in 1992. the experience and influence of the has two key features: First, it estab- The Coal Act was needed in 1992 to Mormon pioneers in furthering that lishes a conservation easement on the prevent some companies from walking colonization. Camp Verde General Crook parcel, away from their clear contractual obli- The landscape, architecture, artisan which limits water use after private ac- gations and agreements with their skills, and events along Highway 89

VerDate jul 14 2003 04:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JA6.098 S25PT1 S492 CONGRESSIONAL RECORD — SENATE January 25, 2005 convey in a very real way the legacy of during this session of Congress we agreement. Under the Plan and Agree- the Mormon pioneers’ achievements. might achieve success in this body ment, the Bureau of Land Manage- The community of Panquitch for exam- early enough to be considered by the ment, BLM, committed to acquire all ple, has an annual Quilt Day celebra- House. private lands in the designated habitat tion to commemorate the sacrifice and area for the formation of the Red Cliffs fortitude of its pioneers whose efforts By Mr. BENNETT: Reserve for the protection of the desert saved the community from starvation S. 164. A bill to provide for the acqui- tortoise. sition of certain property in Wash- in 1864. The celebration is in remem- One of the private land owners within ington County, Utah; to the Committee brance of the Quilt Walk, a walk in the reserve is Environmental Land on Energy and Natural Resources. which a group of men from Panquitch Technology, Ltd., ELT, which began Mr. BENNETT. Mr. President, today used quilts to form a path that would acquiring lands from the State of Utah I am re-introducing a bill which is in- bear their weight across the snow. This in 1981 for residential and recreational tended to bring to a close the Federal quilt walk enabled these men to cross development several years prior to the acquisition of an important piece of over the mountains to procure food for listing of the species. Moreover, in the privately held land, located within the their community, which was facing years preceding the listing of the federally designated desert tortoise re- starvation as it experienced its first desert tortoise and the adoption of the serve in Washington County, UT. winter in Utah. habitat conservation plan, ELT com- As some of my colleagues are aware, Another example of the tenacity of pleted appraisals, cost estimates, engi- this is not the first time legislation has pioneers can be seen today at the Hole- neering studies, site plans, surveys, been introduced in an attempt to re- in-the-Rock. Here, in 1880, a group of utility layouts, and right-of-way nego- solve this issue. Most recently, on De- 250 people, 80 wagons, and 1,000 head of tiations. ELT staked out golf courses, cember 7, 2004, at the conclusion of the cattle upon the Colorado River Gorge. and obtained water rights for the de- 108th Congress, the Senate passed by Finding no pathways down to the river, velopment of this land. Prior to the unanimous consent an amendment in the pioneers decided to use a narrow adoption of the HCP, it was not clear the nature of a substitute to H.R. 620, crevice leading down to the bottom of which lands the Federal and local gov- which adopted as title XVI agreed upon the gorge. To make the crevice big ernments would set aside for the desert provisions of S. 1209. Unfortunately, enough to accommodate wagons, the tortoise, although it was assumed that the House of Representatives adjourned pioneers spent 6 weeks enlarging the there were sufficient surrounding Fed- sine die before it had time to act upon crevice by hand, using hammers, eral lands to provide adequate habitat. H.R. 620. The legislation I am intro- chisels, and blasting powder. They then However, when the HCP was adopted in ducing today is virtually the same as attached large ropes to the wagons as 1996, the decision was made to include the language earlier adopted by the they began their descent down the ELT’s lands within the boundaries of Senate, except for a technical clarifica- steep incline. It is because of such te- the reserve primarily because of the tion regarding management of the ac- nacity and innovation on the part of high concentrations of tortoises. The pioneers that the western United quired lands. I want to personally express my ap- tortoises on ELT land also appeared to States was shaped the way it was and be one of, if not the only population preciation to Chairman DOMENICI and much of that has contributed to the without an upper respiratory disease way of life and landscape still found in his staff for their leadership and assist- ance on this issue. I would also like to that afflicted all of the other popu- the West today. lations. As a consequence of the inclu- The National Mormon Pioneer Herit- thank the ranking minority member, sion of the ELT lands, ELT’s develop- age Area will serve as a special rec- Mr. BINGAMAN, the Department of the ment efforts were halted. ognition of the people and places that Interior, and their respective staffs, for have contributed greatly to our Na- their assistance and support of this With assurances from the Federal tion’s development. It will allow for measure. Government that the acquisition of the the conservation of historical and cul- Earlier in July of 2000, I introduced ELT development lands was a high pri- tural resources, the establishment of S. 2873, which was referred to and re- ority, the owner negotiated with, and interpretive exhibits, will increase pub- ported favorably by the Senate Com- entered into, an assembled land ex- lic awareness of the surviving skills mittee on Energy and Natural Re- change agreement with the BLM in an- and crafts of those living along High- sources. In addition, similar legislation ticipation of intrastate land exchanges. way 89, and specifically allows for the was twice approved by the House of The private land owner then began a preservation of historic buildings. In Representatives, both in the 106th and costly process of identifying com- light of the benefits associated with 107th Congresses. For over a decade, parable Federal lands within the State preserving the rich heritage of the the private property addressed by this that would be suitable for an exchange founding of many of the communities bill has been under Federal control and for his lands in Washington County. along Highway 89, my legislation has the Federal Government has enjoyed Over the last 7 years, BLM and the pri- broad support from Sanpete, Sevier, the benefits of the private property vate land owners, including ELT, have Piute, Garfield, and Kane counties and without fulfilling its constitutional ob- completed several exchanges, and the is a locally based, locally supported un- ligation to compensate the landowner. Federal Government has acquired, dertaking. The government’s failure to timely ac- through those exchanges or direct pur- Since the introduction of this legisla- quire the landowner’s private property chases, nearly all of the private prop- tion in the 108th Congress, I am pleased has forced the landowner into bank- erty located within the reserve, except that the local counties, who have been ruptcy. It is my hope that the time has for approximately 1,516 acres of the unanimously supportive of this legisla- come to finally resolve this issue. ELT development land. However, with tion, have come together to outline in In March of 1991, the desert tortoise the unforeseen creation of the Grand a Memorandum of Understanding, with was listed as an endangered species Staircase-Escalante National Monu- the local coordinating entity identified under the Endangered Species Act. ment in September 1996, and the subse- in the legislation, the cooperative rela- Government and environmental re- quent land exchanges between the tionship the coordinating entity enjoys searchers determined that the land im- State of Utah and the Federal Govern- with the elected officials of the local mediately north of St. George, UT, was ment to consolidate Federal lands counties. prime desert tortoise habitat. Con- within that monument, there are no This legislation passed the Senate sequently, in February 1996, nearly 5 longer sufficient comparable Federal both in the 107th and 108th Congresses years after the listing, the United lands within Utah to complete the as part of packages agreed upon by the States Fish and Wildlife Service, originally contemplated intrastate ex- committee of jurisdiction. Unfortu- USFWS, issued Washington County a changes for the remainder of the ELT nately, both times the packages were Section 10 permit under the Endan- land. not able to be considered by the other gered Species Act which paved the way Faced with this problem, and in light body prior to adjournment. I reintro- for the adoption of a habitat conserva- of the high priority the Department of duce this bill today with the hope that tion plan, HCP, and an implementation the Interior has placed on acquiring

VerDate jul 14 2003 04:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.110 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S493 these lands, BLM officials rec- within the reserve. Subject to existing rule in Laos in 1975. He was 5 years old ommended that the ELT lands be ac- law, the Uniform Appraisal Standards at the time. They moved to Minnesota quired by direct purchase. During the for Federal Land Acquisitions and the in 1993 to find work and to give their FY 2000 budget process, BLM proposed Uniform Standards and Practices for children an opportunity to receive a that $30 million be set aside to begin Appraisal Professionals, USPAP, a quality education. acquiring the remaining lands in Wash- United States Court of competent ju- Tchisou was an all-American high ington County. Unfortunately, because risdiction shall determine the value for school kid. He watched movies, hung this project involves endangered spe- the land. out at the mall with his friends and at- cies habitat and the USFWS is respon- The bill includes language to allow, tended prom. He was an honor roll stu- sible for administering activities under as part of the legislative taking, for dent, active in his community, church, the Endangered Species Act, the Office the landowner to recover reasonable and school. Tchisou was going to be the of Management and Budget shifted the costs, interest, and damages, if any, as first member of his family to graduate $30 million from the BLM budget re- determined by the court. It is impor- from high school, and he was getting quest to the USFWS’s Cooperative En- tant to understand that, while Federal ready to begin his freshman year on a dangered Species Conservation Fund acquisitions should be completed on scholarship to the University of Min- budget request. Ultimately, however, the basis of fair market value, when nesota. none of those funds was made available the Federal Government makes the But in May 2003, just as Tchisou was for BLM acquisitions within the Fed- commitment to acquire private land, getting ready to graduate from high eral section of the reserve. Instead, the the landowner should not have to be school, his family met with immigra- funds in that account were made avail- driven into financial ruin while waiting tion officials to request changes to able on a matching basis for the use of upon the Federal Government to dis- their immigration status. Instead, they individual States to acquire wildlife charge its obligation. While the Fed- received a deportation order. habitat. The result of this bureaucratic eral Government has never disputed its Tchisou’s parents acknowledged that fumbling has resulted in extreme fi- obligation to acquire the property, it they had broken the law by over- nancial hardship for ELT. has had the benefit of the private land staying their visas, and agreed to leave The lands within the Red Cliffs Re- for all these years without having to the country. But we all wanted Tchisou serve are ELT’s only asset. The estab- pay for it. The private landowner to have the chance to graduate with lishment of the Washington County should not have to bear the costs of his high school class. Legislation I in- HCP has effectively taken this prop- this Federal foot-dragging. troduced last year allowed Tchisou to erty and prevented ELT from devel- This legislation is consistent with stay. And thanks to the compassion of oping or otherwise disposing of the the high priority the Department of the immigration authorities, Tchisou’s property. ELT has been brought to the the Interior has repeatedly placed on family was allowed to remain in the brink of financial ruin as it has ex- this land acquisition, and is a nec- country just long enough to see their hausted its resources in an effort to essary final step towards an equitable son walk in his high school graduation hold the property while awaiting the resolution. The time for pursuing other ceremony. Shortly thereafter, compensation to which it is entitled. options has long since expired and it is Tchisou’s parents and brothers and sis- ELT has had to sell its remaining as- unfortunate that it requires legislative ters returned to France as they prom- sets, and the private land owner has action. Without commenting on the ised, where they live today. also had to sell his personal assets, in- Endangered Species Act itself, it would Still focused on his educational goals cluding his home, to simply hold the seem that if it is the government’s ob- and now living with his married sister property. This has become a financial jective to provide habitat for the ben- in St. Paul, Tchisou enrolled at the crisis for the landowner. It is simply efit of an endangered species, then the University of Minnesota as an inter- wrong for the Federal Government to government ought to bear the costs, national student. However, he was re- expect the landowner to continue to rather than forcing them upon the quired to pay out-of-State tuition and bear the cost of the government’s ef- landowner. It is also time to address unfortunately had to drop out after one forts to provide habitat for an endan- this issue so that the Federal agencies semester when he ran out of money. gered species. That is the responsi- may be single-minded in their efforts Determined to finish college, Tchisou bility of the Federal Government. to recover the desert tortoise which re- is currently driving a forklift at the Moreover, while the landowner is bear- mains the aim of the creation of the re- loading docks of a home improvement ing these costs, he continues to pay serve. This legislation simply codifies store, to save money for college while taxes on the property. This situation is the status quo by enabling the private his immigration status is being sorted made more egregious by the failure of land owner to obtain the compensation out. He was recently named employee the Department of the Interior to re- to which he is constitutionally enti- of the month. Tchisou hopes to re-en- quest any acquisition funding for FY tled. It is time to right this wrong and roll at the University of Minnesota. 2004 or FY 2005, even though this acqui- get on with the efforts to recover the I acknowledge that Tchisou’s parents sition has been designated a high pri- species and I encourage my colleagues broke the law. They overstayed their ority by the agency. Over the past sev- to again support the immediate enact- visas to remain in this country, which eral years, ELT has pursued all pos- ment of this important legislation. they should not have done. And they sible avenues to complete the acquisi- have since been deported. But I think tion of these lands. The private land By Mr. COLEMAN: it would be unfair to punish Tchisou owner has spent millions of dollars pur- S. 165. A bill for the relief of Tchisou for the actions of his parents. This pri- suing both intrastate and interstate Tho; to the Committee on the Judici- vate relief bill would allow Tchisou the land exchanges and has worked coop- ary. chance to live the American dream. eratively with the Department of the Mr. COLEMAN. Mr. President, today With the help of my good friend and Interior. Unfortunately, all of these ef- I am introducing a private relief bill colleague, the senior Senator from forts have thus far been fruitless. for an outstanding young man from my Georgia, Chairman CHAMBLISS, we were The bill that I am introducing today State of Minnesota, Tchisou Tho. able to pass this legislation last year. I will finally bring this acquisition to a This legislation would allow Tchisou, hope the Senate will be able to act on close. In my view, a legislative taking a Hmong immigrant, to stay in this this important legislation early this should be an action of last resort. But, country by adjusting his status to per- year so that Tchisou may enroll at the if ever a case warranted legislative manent resident. Not only would this University of Minnesota, graduate, and condemnation, this is it. This bill will allow him to stay in the country he has be an asset to our community. transfer to the Federal Government all lived in since he was 5 years old, but it I ask unanimous consent that the right, title, and interest in the ELT de- will make him eligible for in-State tui- text of the bill be printed in the velopment property within the Red tion at the University of Minnesota. RECORD. Cliffs Reserve, including an additional Tchisou’s family came to the United There being no objection, the text of 34 acres of landlocked real property States 14 years ago on a visitor’s visa the bill was ordered to be printed in owned by ELT adjacent to the land from France after fleeing Communist the RECORD, as follows:

VerDate jul 14 2003 04:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.112 S25PT1 S494 CONGRESSIONAL RECORD — SENATE January 25, 2005 S. 165 of Bend, which is one of Oregon’s fast- tainment and Copyright Act of 2005. Be it enacted by the Senate and House of Rep- est growing cities. The Deschutes This important legislation consists of a resentatives of the United States of America in Basin also contains hundreds of thou- package of smaller intellectual prop- Congress assembled, sands of acres of productive forest and erty bills that the House and Senate SECTION 1. PERMANENT RESIDENT STATUS FOR rangelands, serves the treaty fishing have been working to enact since last TCHISOU THO. and water rights of the Confederated Congress. This legislation passed the (a) IN GENERAL.—Notwithstanding sub- sections (a) and (b) of section 201 of the Im- Tribes of Warm Springs, and has Or- Senate not once, but twice, during the migration and Nationality Act (8 U.S.C. egon’s largest non-Federal hydro- waning days of the last Congress. Un- 1151), Tchisou Tho shall be eligible for the electric project. fortunately, though, it was doomed by issuance of an immigrant visa or for adjust- By all accounts, the Deschutes River a non-germane amendment unrelated ment of status to that of an alien lawfully Conservancy has been a huge success. to intellectual property law. My hope admitted for permanent residence upon fil- It has brought together diverse inter- is that we can work together this Con- ing an application for issuance of an immi- ests within the Basin, including gress to avoid this type of pitfall, and grant visa under section 204 of that Act (8 irrigators, tribes, ranchers, environ- I commit to work with other members U.S.C. 1154) or for adjustment of status to lawful permanent resident. mentalists, an investor-owned utility, to do so. (b) ADJUSTMENT OF STATUS.—If Tchisou local businesses, as well as local elect- Before beginning my substantive dis- Tho enters the United States before the fil- ed officials and representatives of cussion of the bill, I would like to ing deadline specified in subsection (c), State and Federal agencies. Together, thank my colleagues Senators LEAHY, Tchisou Tho shall be considered to have en- the Conservancy board members have CORNYN, and FEINSTEIN for their ongo- tered and remained lawfully and shall be eli- been able to develop project criteria ing efforts on this legislation. Just as gible for adjustment of status under section and identify a number of water quality, it was last year, this legislation is a 245 of the Immigration and Nationality Act water quantity, fish passage and habi- group effort, and I want to take care to (8 U.S.C. 1255) as of the date of enactment of recognize the contributions and their this Act. tat improvement projects that could be (c) DEADLINE FOR APPLICATION AND PAY- funded. Over the years, projects have excellent work along with that of Rep- MENT OF FEES.—Subsections (a) and (b) shall been selected by consensus, and there resentatives SENSENBRENNER, SMITH, apply only if the application for issuance of must be a fifty-fifty cost share from BERMAN, and CONYERS in the House. an immigrant visa or the application for ad- non-Federal sources. Before going into a title-by-title dis- justment of status are filed with appropriate Over the past 8 years, they have been cussion of the bill, I would like to ex- fees within 2 years after the date of enact- very successful at finding cooperative, press my particular support for the ment of this Act. market-based solutions to enhance the Family Movie Act, which has been in- (d) REDUCTION OF IMMIGRANT VISA NUM- ecosystem in the basin. The Conser- cluded in this legislation. Chairman BERS.—Upon the granting of an immigrant visa or permanent residence to Tchisou Tho, vancy has used this approach to restore LAMAR SMITH and I worked on this bill the Secretary of State shall instruct the over ninety cubic-feet-per-second of last Congress. It’s important legisla- proper officer to reduce by 1, during the cur- streamflow in the Deschutes Basin. In tion both to parents who want the abil- rent or next following fiscal year, the total addition, by planting over 100,000 trees, ity to use new technologies to help number of immigrant visas that are made installing miles of riparian fencing, re- shield their families from inappro- available to natives of the country of the moving berms and reconstructing priate content as well as the tech- aliens’ birth under section 203(a) of the Im- stream beds, the Conservancy has nology companies, such as ClearPlay in migration and Nationality Act (8 U.S.C. my home State of Utah, that are work- 1153(a)) or, if applicable, the total number of helped improve fish habitat and water immigrant visas that are made available to quality along one hundred miles of the ing to develop these technologies. The natives of the country of the aliens’ birth Deschutes River and its tributaries. Family Movie Act will give parents under section 202(e) of that Act (8 U.S.C. The existing authorization provides more say over what their children see, 1152(e)). for up to two million dollars each year without limiting the creative control for projects. This bill would continue of directors and movie studios. By Mr. SMITH (for himself and that annual authorization ceiling for 10 Title I of this Act, the Artists’ Rights Mr. WYDEN): years. Funds are provided through the and Theft Prevention Act of 2005, (the S. 166. A bill to amend the Oregon Bureau of Reclamation, the group’s ART Act), contains a slightly modified Resource Conservation Act of 1996 to lead Federal agency. version of S. 1932, authored by Senators reauthorize the participation of the The Deschutes River Conservancy en- CORNYN and FEINSTEIN in the 108th Bureau of Reclamation in the joys widespread support in Oregon. It Congress. This bill will close two sig- Deschutes River Conservancy, and for has very committed board members nificant gaps in our copyright laws other purposes; to the Committee on who represent diverse interests in the that are feeding some of the piracy now Energy and Natural Resources. Basin. The high caliber of their work, rampant on the Internet. Mr. SMITH. Mr. President, today I and their pragmatic approach to eco- First, it criminalizes attempts to am introducing legislation, cospon- system restoration have been recog- record movies off of theater screens. sored by my colleague from Oregon, to nized by others outside the region. These camcorded copies of new movies reauthorize participation by the Bu- I am convinced that Federal partici- now appear on filesharing networks al- reau of Reclamation in the Deschutes pation in this project needs to con- most contemporaneously with the the- River Conservancy for an additional 10 tinue. This organization has helped to atrical release of a film. Several States years. avoid the conflicts over water that we have already taken steps to criminalize The Deschutes River Conservancy, have seen in too many watersheds in this activity, but providing a uniform formerly know as the Deschutes Re- the western United States. I urge my Federal law—instead of a patchwork of sources Conservancy, was originally colleagues to continue support for this State criminal statutes—will assist law authorized in 1996 as a pilot project. It project. Not only is it important to enforcement officials in combating the was so successful it was reauthorized in central Oregon, but the Deschutes theft and redistribution of valuable in- the 106th Congress. The Conservancy is River Conservancy can serve as a na- tellectual property embodied in newly- designed to achieve local consensus for tional model for cooperative watershed released motion pictures. on-the-ground projects to improve eco- restoration at the local level. Second, the bill will create a pre-reg- system health in the Deschutes River istration system that will permit Basin. By Mr. HATCH (for himself, Mr. criminal penalties and statutory-dam- The Deschutes River is truly one of LEAHY, Mr. CORNYN, and Mrs. age awards. This will also provide a Oregon’s greatest resources. It drains FEINSTEIN): tool for law enforcement officials com- Oregon’s high desert along the eastern S. 167. A bill to provide for the pro- bating the growing problem of music front of the Cascades, eventually flow- tection of intellectual property rights, and movies being distributed on ing into the Columbia River. It is the and for other purposes; to the Com- filesharing networks and circulating on State’s most intensively used rec- mittee on the Judiciary. the Internet before they are even re- reational river. It provides water to Mr. HATCH. Mr. President, I rise leased. Obviously, the increasingly fre- both irrigation projects and to the city today to introduce the Family Enter- quent situation of copyrighted works

VerDate jul 14 2003 04:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.093 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S495 being distributed illegally via the tion in potential future cases involving important artistic, cultural, and his- Internet before they are even made ad-skipping devices. In order to avoid torically significant films are pre- available for sale to the public severely unnecessary controversy, the Senate served for future generations. I com- undercuts the ability of copyright bill omits the exclusionary language mend my friend from Vermont for his holders to receive fair and adequate with the understanding that doing so perseverance in reauthorizing Federal compensation for their works. does not in any way change the scope funds to continue this important ef- Title II of this Act, the Family Movie of the bill. fort. Act of 2005 (the FMA), resolves some That this change in no way affects Title IV of this act, the ‘‘Preserva- ongoing disputes about the legality of the scope of the exemption is clear tion of Orphan Works Act,’’ also en- so-called ‘‘jump-and-skip’’ technologies when considering that the new section sures the preservation of valuable his- that companies like Clearplay in my 110(11) exemption protects the ‘‘making toric records by correcting a technical home State of Utah have developed to imperceptible . . . limited portions of error that unnecessarily narrows a lim- permit family-friendly viewing of films audio or video content of a motion pic- itation on the copyright law applicable that may contain objectionable con- ture....’’ An advertisement, under to librarians and archivists. This will tent. The FMA creates a narrowly de- the Copyright Act, is itself a ‘‘motion strengthen the ability of librarians and fined safe-harbor clarifying that dis- picture,’’ and thus a product or service archivists to better meet the needs of tributors of such technologies will not that enables the skipping of an entire both researchers and ordinary individ- face liability for copyright or trade- advertisement, in any media, would be uals and will result in greater accessi- mark infringement, provided that they beyond the scope of the exemption. bility of important works. I applaud comply with the requirements of the Moreover, the phrase ‘‘limited por- my colleague in the House—Represent- Act. I have been working with my col- tions’’ is intended to refer to portions ative HOWARD BERMAN of California— leagues in the Senate and several lead- that are both quantitatively and quali- for his efforts on this bill and am ers in the House—including, most im- tatively insubstantial in relation to pleased to see it included in this Sen- portantly Chairmen SMITH and SENSEN- the work as a whole. Where any sub- ate package. BRENNER—for the past couple of years stantial part of a complete work, such Just to conclude, I will again thank to resolve this issue. The FMA will as a commercial advertisement, is Ranking Democratic Member LEAHY, help to end aggressive litigation made imperceptible, the new section Senator CORNYN, Chairmen SENSEN- threatening the viability of small com- 110(11) exemption would not apply. The BRENNER and SMITH, as well as Mr. CON- panies like Clearplay which are busy limited scope of this exemption does YERS and Mr. BERMAN for their bi- creating innovative technologies for not, however, imply or show that such cameral, bipartisan approach to these consumers that allow them to tailor conduct or a technology that enables bills and to intellectual property issues their home viewing experience to their such conduct would be infringing. This generally. own individual or family preferences. legislation does not in any way deal I ask unanimous consent that the The Family Movie Act creates a new with that issue. It means simply that text of the bill be printed in the exemption in section 110(11) of the such conduct and products enabling RECORD. Copyright Act for skipping and muting such conduct are not immunized from There being no objection, the text of audio and video content in motion pic- liability by this exemption. the bill was ordered to be printed in tures during performances of an au- This bill also differs from the version the RECORD, as follows: thorized copy of the motion picture passed by the House last year in that it S. 167 taking place in the course of a private adds two ‘‘savings clauses.’’ The copy- Be it enacted by the Senate and House of Rep- viewing in a household. The version right savings clause makes clear that resentatives of the United States of America in passed last year by the House explic- there should be no spillover effect from Congress assembled, itly excluded from the scope of the new the passage of this law: that is, nothing SECTION 1. SHORT TITLE. copyright exemption so-called ‘‘ad- shall be construed to have any effect This Act may be cited as the ‘‘Family En- tertainment and Copyright Act of 2005’’. skipping’’ technologies that make on rights, defenses, or limitations on changes, deletions, or additions to rights granted under title 17, other TITLE I—ARTISTS’ RIGHTS AND THEFT PREVENTION commercial advertisements or to net- than those explicitly provided for in work or station promotional announce- SEC. 101. SHORT TITLE. the new section 110(11) exemption. The This title may be cited as the ‘‘Artists’ ments that would otherwise be dis- trademark savings clause clarifies that Rights and Theft Prevention Act of 2005’’ or played before, during, or after the per- no inference can be drawn that a per- the ‘‘ART Act’’. formance of the motion picture. This son or company who fails to qualify for SEC. 102. CRIMINAL PENALTIES FOR UNAUTHOR- provision was included on the House the exemption from trademark in- IZED RECORDING OF MOTION PIC- floor to address the concerns of some fringement found in this provision is TURES IN A MOTION PICTURE EXHI- Members who were concerned that a BITION FACILITY. therefore liable for trademark infringe- (a) IN GENERAL.—Chapter 113 of title 18, court might misread the new section ment. United States Code, is amended by adding 110(11) exemption to apply to ‘‘ad-skip- Title III of this Act, the National after section 2319A the following new sec- ping’’’ cases, such as in the recent liti- Film Preservation Act of 2004, will re- tion: gation involving ReplayTV. authorize the National Film Preserva- ‘‘§ 2319B. Unauthorized recording of Motion In the Senate, however, some ex- tion Board and the National Film Pres- pictures in a Motion picture exhibition fa- pressed concern that the inclusion of ervation Foundation. These entities cility such explicit language could create un- have worked successfully to recognize ‘‘(a) OFFENSE.—Any person who, without wanted inferences with respect to the and preserve historically or culturally the authorization of the copyright owner, merits of the legal positions at the significant films—often by providing knowingly uses or attempts to use an audio- heart of recent ‘‘ad-skipping’’ litiga- the grants and expertise that enable visual recording device to transmit or make tion. Those issues remain unsettled in a copy of a motion picture or other audio- local historical societies to protect and visual work protected under title 17, or any the courts, and it was never the intent preserve historically significant films part thereof, from a performance of such of this legislation to resolve or affect for the local communities for which work in a motion picture exhibition facility, those issues in any way. Indeed, the they are most important. This fine shall— Copyright Act contains literally scores work will ensure that the history of ‘‘(1) be imprisoned for not more than 3 of similar exemptions, and none of the 20th century will be preserved and years, fined under this title, or both; or those exemptions have been or should available to future generations. ‘‘(2) if the offense is a second or subsequent be construed to imply anything about As a conservative Senator from a so- offense, be imprisoned for no more than 6 the legality of conduct falling outside cially conservative state, I occasion- years, fined under this title, or both. their scope. As a result, the Copyright ally take a few swings at the movie in- The possession by a person of an audiovisual recording device in a motion picture exhi- Office has now confirmed that such an dustry for the quality and content of bition facility may be considered as evidence explicit exclusion is unnecessary to the motion pictures they are currently in any proceeding to determine whether that achieve the desired outcome, which is creating, but I will note for the record person committed an offense under this sub- to avoid application of this new exemp- that I commend efforts to ensure that section, but shall not, by itself, be sufficient

VerDate jul 14 2003 04:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.106 S25PT1 S496 CONGRESSIONAL RECORD — SENATE January 25, 2005 to support a conviction of that person for ‘‘2319B. Unauthorized recording of mo- ‘‘(2) shall be imprisoned not more than 5 such offense. tion pictures in a motion pic- years, fined under this title, or both, if the ‘‘(b) FORFEITURE AND DESTRUCTION.—When ture exhibition facility.’’. offense was committed for purposes of com- a person is convicted of a violation of sub- (c) DEFINITION.—Section 101 of title 17, mercial advantage or private financial gain; section (a), the court in its judgment of con- United States Code, is amended by inserting ‘‘(3) shall be imprisoned not more than 6 viction shall, in addition to any penalty pro- after the definition of ‘‘Motion pictures’’ the years, fined under this title, or both, if the vided, order the forfeiture and destruction or following: ‘‘The term ‘‘motion picture exhi- offense is a second or subsequent offense; and other disposition of all unauthorized copies bition facility’’ means a movie theater, ‘‘(4) shall be imprisoned not more than 10 of motion pictures or other audiovisual screening room, or other venue that is being years, fined under this title, or both, if the works protected under title 17, or parts used primarily for the exhibition of a copy- offense is a second or subsequent offense thereof, and any audiovisual recording de- righted motion picture, if such exhibition is under paragraph (2).’’; and vices or other equipment used in connection open to the public or is made to an assem- (6) in subsection (f), as redesignated— with the offense. bled group of viewers outside of a normal cir- (A) in paragraph (1), by striking ‘‘and’’ at ‘‘(c) AUTHORIZED ACTIVITIES.—This section cle of a family and its social acquaint- the end; does not prevent any lawfully authorized in- ances.’’. (B) in paragraph (2), by striking the period vestigative, protective, or intelligence activ- SEC. 103. CRIMINAL INFRINGEMENT OF A WORK at the end and inserting a semicolon; and ity by an officer, agent, or employee of the BEING PREPARED FOR COMMER- (C) by adding at the end the following: United States, a State, or a political subdivi- CIAL DISTRIBUTION. ‘‘(3) the term ‘financial gain’ has the mean- sion of a State, or by a person acting under (a) PROHIBITED ACTS.—Section 506(a) of ing given the term in section 101 of title 17; title 17, United States Code, is amended to a contract with the United States, a State, and read as follows: or a political subdivision of a State. ‘‘(4) the term ‘work being prepared for ‘‘(a) CRIMINAL INFRINGEMENT.— ‘‘(d) IMMUNITY FOR THEATERS.—With rea- commercial distribution’ has the meaning ‘‘(1) IN GENERAL.—Any person who willfully given the term in section 506(a) of title 17.’’. sonable cause, the owner or lessee of a mo- infringes a copyright shall be punished as tion picture exhibition facility where a mo- provided under section 2319 of title 18, if the SEC. 104. CIVIL REMEDIES FOR INFRINGEMENT tion picture or other audiovisual work is infringement was committed— OF A WORK BEING PREPARED FOR COMMERCIAL DISTRIBUTION. being exhibited, the authorized agent or em- ‘‘(A) for purposes of commercial advantage (a) PREREGISTRATION.—Section 408 of title ployee of such owner or lessee, the licensor or private financial gain; 17, United States Code, is amended by adding of the motion picture or other audiovisual ‘‘(B) by the reproduction or distribution, at the end the following: work being exhibited, or the agent or em- including by electronic means, during any ‘‘(f) PREREGISTRATION OF WORKS BEING ployee of such licensor— 180–day period, of 1 or more copies or PREPARED FOR COMMERCIAL DISTRIBUTION.— ‘‘(1) may detain, in a reasonable manner phonorecords of 1 or more copyrighted ‘‘(1) RULEMAKING.—Not later than 180 days and for a reasonable time, any person sus- works, which have a total retail value of after the date of enactment of this sub- pected of a violation of this section with re- more than $1,000; or section, the Register of Copyrights shall spect to that motion picture or audiovisual ‘‘(C) by the distribution of a work being issue regulations to establish procedures for work for the purpose of questioning or sum- prepared for commercial distribution, by preregistration of a work that is being pre- moning a law enforcement officer; and making it available on a computer network pared for commercial distribution and has ‘‘(2) shall not be held liable in any civil or accessible to members of the public, if such not been published. criminal action arising out of a detention person knew or should have known that the ‘‘(2) CLASS OF WORKS.—The regulations es- under paragraph (1). work was intended for commercial distribu- tablished under paragraph (1) shall permit ‘‘(e) VICTIM IMPACT STATEMENT.— tion. preregistration for any work that is in a ‘‘(1) IN GENERAL.—During the preparation ‘‘(2) EVIDENCE.—For purposes of this sub- class of works that the Register determines of the presentence report under rule 32(c) of section, evidence of reproduction or distribu- has had a history of infringement prior to the Federal Rules of Criminal Procedure, tion of a copyrighted work, by itself, shall authorized commercial distribution. victims of an offense under this section shall not be sufficient to establish willful infringe- ‘‘(3) APPLICATION FOR REGISTRATION.—Not be permitted to submit to the probation offi- ment of a copyright. later than 3 months after the first publica- cer a victim impact statement that identi- ‘‘(3) DEFINITION.—In this subsection, the tion of a work preregistered under this sub- fies the victim of the offense and the extent term ‘work being prepared for commercial section, the applicant shall submit to the and scope of the injury and loss suffered by distribution’ means— Copyright Office— the victim, including the estimated eco- ‘‘(A) a computer program, a musical work, ‘‘(A) an application for registration of the nomic impact of the offense on that victim. a motion picture or other audiovisual work, work; ‘‘(2) CONTENTS.—A victim impact state- or a sound recording, if, at the time of unau- ‘‘(B) a deposit; and ment submitted under this subsection shall thorized distribution— ‘‘(C) the applicable fee. include— ‘‘(i) the copyright owner has a reasonable ‘‘(4) EFFECT OF UNTIMELY APPLICATION.—An ‘‘(A) producers and sellers of legitimate expectation of commercial distribution; and action under this chapter for infringement of works affected by conduct involved in the of- ‘‘(ii) the copies or phonorecords of the a work preregistered under this subsection, fense; work have not been commercially distrib- in a case in which the infringement com- ‘‘(B) holders of intellectual property rights uted; or menced no later than 2 months after the first in the works described in subparagraph (A); ‘‘(B) a motion picture, if, at the time of un- publication of the work, shall be dismissed if and authorized distribution, the motion picture— the items described in paragraph (3) are not ‘‘(C) the legal representatives of such pro- ‘‘(i) has been made available for viewing in submitted to the Copyright Office in proper ducers, sellers, and holders. a motion picture exhibition facility; and form within the earlier of— ‘‘(f) STATE LAW NOT PREEMPTED.—Nothing ‘‘(ii) has not been made available in copies ‘‘(A) 3 months after the first publication of in this section may be construed to annul or for sale to the general public in the United the work; or limit any rights or remedies under the laws States in a format intended to permit view- ‘‘(B) 1 month after the copyright owner has of any State. ing outside a motion picture exhibition facil- learned of the infringement.’’. ‘‘(g) DEFINITIONS.—In this section, the fol- ity.’’. (b) INFRINGEMENT ACTIONS.—Section 411(a) lowing definitions shall apply: (b) CRIMINAL PENALTIES.—Section 2319 of ‘‘(1) TITLE 17 DEFINITIONS.—The terms title 18, United States Code, is amended— of title 17, United States Code, is amended by ‘audiovisual work’, ‘copy’, ‘copyright owner’, (1) in subsection (a)— inserting ‘‘preregistration or’’ after ‘‘shall be ‘motion picture’, ‘motion picture exhibition (A) by striking ‘‘Whoever’’ and inserting instituted until’’. facility’, and ‘transmit’ have, respectively, ‘‘Any person who’’; and (c) EXCLUSION.—Section 412 of title 17, the meanings given those terms in section (B) by striking ‘‘and (c) of this section’’ United States Code, is amended by inserting 101 of title 17. and inserting ‘‘, (c), and (d)’’; after ‘‘section 106A(a)’’ the following: ‘‘, an ‘‘(2) AUDIOVISUAL RECORDING DEVICE.—The (2) in subsection (b), by striking ‘‘section action for infringement of the copyright of a term ‘audiovisual recording device’ means a 506(a)(1)’’ and inserting ‘‘section work that has been preregistered under sec- digital or analog photographic or video cam- 506(a)(1)(A)’’; tion 408(f) before the commencement of the era, or any other technology or device capa- (3) in subsection (c), by striking ‘‘section infringement and that has an effective date ble of enabling the recording or transmission 506(a)(2) of title 17, United States Code’’ and of registration not later than the earlier of 3 of a copyrighted motion picture or other inserting ‘‘section 506(a)(1)(B) of title 17’’; months after the first publication of the audiovisual work, or any part thereof, re- (4) by redesignating subsections (d) and (e) work or 1 month after the copyright owner gardless of whether audiovisual recording is as subsections (e) and (f), respectively; has learned of the infringement,’’. the sole or primary purpose of the device.’’. (5) by adding after subsection (c) the fol- SEC. 105. FEDERAL SENTENCING GUIDELINES. (b) CLERICAL AMENDMENT.—The table of lowing: (a) REVIEW AND AMENDMENT.—Not later sections at the beginning of chapter 113 of ‘‘(d) Any person who commits an offense than 180 days after the date of enactment of title 18, United States Code, is amended by under section 506(a)(1)(C) of title 17— this Act, the United States Sentencing Com- inserting after the item relating to section ‘‘(1) shall be imprisoned not more than 3 mission, pursuant to its authority under sec- 2319A the following: years, fined under this title, or both; tion 994 of title 28, United States Code, and

VerDate jul 14 2003 04:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.094 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S497 in accordance with this section, shall review addition of audio or video content that is (C) in the third sentence, by striking and, if appropriate, amend the Federal sen- performed or displayed over or in place of ex- ‘‘copyrighted’’ and inserting ‘‘copyrighted, tencing guidelines and policy statements ap- isting content in a motion picture. mass distributed, broadcast, or published’’; plicable to persons convicted of intellectual ‘‘Nothing in paragraph (11) shall be con- and property rights crimes, including any offense strued to imply further rights under section (2) by adding at the end the following: under— 106 of this title, or to have any effect on de- ‘‘(c) COORDINATION OF PROGRAM WITH (1) section 506, 1201, or 1202 of title 17, fenses or limitations on rights granted under OTHER COLLECTION, PRESERVATION, AND AC- United States Code; or any other section of this title or under any CESSIBILITY ACTIVITIES.—In carrying out the (2) section 2318, 2319, 2319A, 2319B, or 2320 of other paragraph of this section.’’. comprehensive national film preservation title 18, United States Code. (b) EXEMPTION FROM TRADEMARK INFRINGE- program for motion pictures established (b) AUTHORIZATION.—The United States MENT.—Section 32 of the Trademark Act of under the National Film Preservation Act of Sentencing Commission may amend the Fed- 1946 (15 U.S.C. 1114) is amended by adding at 1992, the Librarian, in consultation with the eral sentencing guidelines in accordance the end the following: Board established pursuant to section 104, with the procedures set forth in section 21(a) ‘‘(3)(A) Any person who engages in the con- shall— of the Sentencing Act of 1987 (28 U.S.C. 994 duct described in paragraph (11) of section ‘‘(1) carry out activities to make films in- note) as though the authority under that 110 of title 17, United States Code, and who cluded in the National Film registry more section had not expired. complies with the requirements set forth in broadly accessible for research and edu- that paragraph is not liable on account of (c) RESPONSIBILITIES OF UNITED STATES cational purposes, and to generate public such conduct for a violation of any right SENTENCING COMMISSION.—In carrying out awareness and support of the Registry and under this Act. This subparagraph does not this section, the United States Sentencing the comprehensive national film preserva- preclude liability, nor shall it be construed Commission shall— tion program; to restrict the defenses or limitations on (1) take all appropriate measures to ensure ‘‘(2) review the comprehensive national rights granted under this Act, of a person for that the Federal sentencing guidelines and film preservation plan, and amend it to the conduct not described in paragraph (11) of policy statements described in subsection (a) extent necessary to ensure that it addresses section 110 of title 17, United States Code, are sufficiently stringent to deter, and ade- technological advances in the preservation even if that person also engages in conduct quately reflect the nature of, intellectual and storage of, and access to film collections described in paragraph (11) of section 110 of property rights crimes; such title. in multiple formats; and (2) determine whether to provide a sen- ‘‘(B) A manufacturer, licensee, or licensor ‘‘(3) wherever possible, undertake expanded tencing enhancement for those convicted of of technology that enables the making of initiatives to ensure the preservation of the the offenses described in subsection (a), if limited portions of audio or video content of moving image heritage of the United States, the conduct involves the display, perform- a motion picture imperceptible as described including film, videotape, television, and ance, publication, reproduction, or distribu- in subparagraph (A) is not liable on account born digital moving image formats, by sup- tion of a copyrighted work before it has been of such manufacture or license for a viola- porting the work of the National Audio-Vis- authorized by the copyright owner, whether tion of any right under this Act, if such man- ual Conservation Center of the Library of in the media format used by the infringing ufacturer, licensee, or licensor ensures that Congress, and other appropriate nonprofit party or in any other media format; the technology provides a clear and con- archival and preservation organizations.’’. (3) determine whether the scope of spicuous notice at the beginning of each per- (b) NATIONAL FILM PRESERVATION BOARD.— ‘‘uploading’’ set forth in application note 3 of formance that the performance of the mo- Section 104 of the National Film Preserva- section 2B5.3 of the Federal sentencing tion picture is altered from the performance tion Act of 1996 (2 U.S.C. 179n) is amended— guidelines is adequate to address the loss at- intended by the director or copyright holder (1) in subsection (a)(1) by striking ‘‘20’’ and tributable to people who, without authoriza- of the motion picture. The limitations on li- inserting ‘‘22’’; tion, broadly distribute copyrighted works ability in subparagraph (A) and this subpara- (2) in subsection (a) (2) by striking ‘‘three’’ over the Internet; and graph shall not apply to a manufacturer, li- and inserting ‘‘5’’; (4) determine whether the sentencing censee, or licensor of technology that fails to (3) in subsection (d) by striking ‘‘11’’ and guidelines and policy statements applicable comply with this paragraph. inserting ‘‘12’’; and to the offenses described in subsection (a) ‘‘(C) The requirement under subparagraph (4) by striking subsection (e) and inserting adequately reflect any harm to victims from (B) to provide notice shall apply only with the following: copyright infringement if law enforcement respect to technology manufactured after ‘‘(e) REIMBURSEMENT OF EXPENSES.—Mem- authorities cannot determine how many the end of the 180-day period beginning on bers of the Board shall serve without pay, times copyrighted material has been repro- the date of the enactment of the Family but may receive travel expenses, including duced or distributed. Movie Act of 2005. per diem in lieu of subsistence, in accordance TITLE II—EXEMPTION FROM INFRINGE- ‘‘(D) Any failure by a manufacturer, li- with sections 5702 and 5703 of title 5, United MENT FOR SKIPPING AUDIO AND VIDEO censee, or licensor of technology to qualify States Code.’’. CONTENT IN MOTION PICTURES for the exemption under subparagraphs (A) (c) NATIONAL FILM REGISTRY.—Section 106 and (B) shall not be construed to create an of the National Film Preservation Act of 1996 SEC. 201. SHORT TITLE. inference that any such party that engages (2 U.S.C. 179p) is amended by adding at the This title may be cited as the ‘‘Family in conduct described in paragraph (11) of sec- end the following: Movie Act of 2005’’. tion 110 of title 17, United States Code, is lia- ‘‘(e) NATIONAL AUDIO-VISUAL CONSERVATION SEC. 202. EXEMPTION FROM INFRINGEMENT FOR ble for trademark infringement by reason of CENTER.—The Librarian shall utilize the Na- SKIPPING AUDIO AND VIDEO CON- such conduct.’’. tional Audio-Visual Conservation Center of TENT IN MOTION PICTURES. (c) DEFINITION.—In this section, the term the Library of Congress at Culpeper, Vir- (a) IN GENERAL.—Section 110 of title 17, ‘‘Trademark Act of 1946’’ means the Act enti- ginia, to ensure that preserved films in- United States Code, is amended— tled ‘‘An Act to provide for the registration cluded in the National Film Registry are (1) in paragraph (9), by striking ‘‘and’’ and protection of trademarks used in com- stored in a proper manner, and disseminated after the semicolon at the end; merce, to carry out the provisions of certain to researchers, scholars, and the public as (2) in paragraph (10), by striking the period international conventions, and for other pur- may be appropriate in accordance with— at the end and inserting ‘‘; and’’; poses’’, approved July 5, 1946 (15 U.S.C. 1051 ‘‘(1) title 17, United States Code; and (3) by inserting after paragraph (10) the fol- et seq.). ‘‘(2) the terms of any agreements between lowing: the Librarian and persons who hold copy- ‘‘(11) the making imperceptible, by or at TITLE III—NATIONAL FILM rights to such audiovisual works.’’. the direction of a member of a private house- PRESERVATION (d) USE OF SEAL.—Section 107 (a) of the Na- hold, of limited portions of audio or video Subtitle A—Reauthorization of the National tional Film Preservation Act of 1996 (2 U.S.C. content of a motion picture, during a per- Film Preservation Board 179q(a)) is amended— formance in or transmitted to that house- SEC. 301. SHORT TITLE. (1) in paragraph (1), by inserting ‘‘in any hold for private home viewing, from an au- This subtitle may be cited as the ‘‘Na- format’’ after ‘‘or any copy’’; and thorized copy of the motion picture, or the tional Film Preservation Act of 2005’’. (2) in paragraph (2), by striking ‘‘or film creation or provision of a computer program SEC. 302. REAUTHORIZATION AND AMENDMENT. copy’’ and inserting ‘‘in any format’’. or other technology that enables such mak- (a) DUTIES OF THE LIBRARIAN OF CON- (e) EFFECTIVE DATE.—Section 113 of the ing imperceptible and that is designed and GRESS.—Section 103 of the National Film National Film Preservation Act of 1996 (2 marketed to be used, at the direction of a Preservation Act of 1996 (2 U.S.C. 179m) is U.S.C. 179w) is amended by striking ‘‘7’’ and member of a private household, for such amended— inserting ‘‘12’’. making imperceptible, if no fixed copy of the (1) in subsection (b)— altered version of the motion picture is cre- (A) by striking ‘‘film copy’’ each place that Subtitle B—Reauthorization of the National ated by such computer program or other term appears and inserting ‘‘film or other Film Preservation Foundation technology.’’; and approved copy’’; SEC. 311. SHORT TITLE. (4) by adding at the end the following: (B) by striking ‘‘film copies’’ each place This subtitle may be cited as the ‘‘Na- ‘‘For purposes of paragraph (11), the term that term appears and inserting ‘‘film or tional Film Preservation Foundation Reau- ‘making imperceptible’ does not include the other approved copies’’; and thorization Act of 2005’’.

VerDate jul 14 2003 04:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.094 S25PT1 S498 CONGRESSIONAL RECORD — SENATE January 25, 2005 SEC. 312. REAUTHORIZATION AND AMENDMENT. dustry and not-for-profits, such as uni- tainment and Copyright Act,’’ building (a) BOARD OF DIRECTORS.—Section 151703 of versities. We were also able to send to consensus is difficult. However, this is title 36, United States Code, is amended— the President the Anti-counterfeiting a chamber built on collegiality and (1) in subsection (b)(2)(A), by striking Amendments Act, a version of Senator compromise, and while I may have ‘‘nine’’ and inserting ‘‘12’’; and (2) in subsection (b)(4), by striking the sec- Biden’s legislation that my friend from crafted specific components of this ond sentence and inserting ‘‘There shall be Delaware has championed for several package differently, I believe that the no limit to the number of terms to which years. Both laws are important, but final result we have achieved is one any individual may be appointed.’’. our task remains incomplete. worthy of enactment. The components (b) POWERS.—Section 151705 of title 36, It is time to enact the remaining of this package have already passed the United States Code, is amended in subsection components of the Family Entertain- Senate at least once, and I have re- (b) by striking ‘‘District of Columbia’’ and ment and Copyright Act, to finish off ceived assurances from the other cham- inserting ‘‘the jurisdiction in which the prin- the work of the 108th Congress as we ber that the bill will receive swift con- cipal office of the corporation is located’’. sideration once it is approved in this (c) PRINCIPAL OFFICE.—Section 151706 of begin the 109th. title 36, United States Code, is amended by Title I of the bill contains the ‘‘Art- body. inserting ‘‘, or another place as determined ists’’ Rights and Theft Prevention The legislative process is functioning by the board of directors’’ after ‘‘District of Act,’’ better known as the ART Act. well when we work with our colleagues Columbia’’. This provision passed the Senate as a across the aisle, and it is at its best (d) AUTHORIZATION OF APPROPRIATIONS.— standalone bill in June of 2004, and when we work on a bipartisan basis Section 151711 of title 36, United States Code, again as part of the FECA bill at the with our friends in the other chamber. is amended by striking subsections (a) and end of the last Congress. The bill will This bill has benefited from both. The (b) and inserting the following: make important inroads in the fight agenda of the 109th Congress promises ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— many issues that divide us, but this is There are authorized to be appropriated to against movie piracy by criminalizing the Library of Congress amounts necessary the use of camcorders to pilfer movies not such a bill: It has garnered broad to carry out this chapter, not to exceed from the big screen. It will also direct consensus, and I hope that we can fi- $530,000 for each of the fiscal years 2005 the Register of Copyrights to create a nally move to swiftly enact it. through 2009. These amounts are to be made registry of pre-release works in order Mr. CORNYN. Mr. President, in the available to the corporation to match any to better address the problem of movie- fall of 2003, I introduced S. 1932, the private contributions (whether in currency, theft before these works are offered for Artists’ Rights and Theft Prevention services, or property) made to the corpora- legal distribution. Act of 2003, along with my friend from tion by private persons and State and local California, Senator FEINSTEIN. As in- governments. The next title of the bill is the Fam- ily Movie Act, which will preserve the troduced, the ART Act was a modest ‘‘(b) LIMITATION RELATED TO ADMINISTRA- but necessary first step to combat the TIVE EXPENSES.—Amounts authorized under rights of families to watch motion pic- this section may not be used by the corpora- tures in the manner they see fit. At the rampant piracy plaguing the motion tion for management and general or fund- same time, the Act protects the rights picture, recording and general content raising expenses as reported to the Internal of directors and copyright holders to industries. The Bill focuses on the Revenue Service as part of an annual infor- maintain the artistic vision and integ- most egregious form of copyright pi- mation return required under the Internal rity of their works. A version of this racy plaguing the entertainment indus- Revenue Code of 1986.’’. try today—the piracy of film, movies, legislation passed the other chamber in TITLE IV—PRESERVATION OF ORPHAN and other copyrighted materials before September of 2004, and it passed the WORKS copyright owners have had the oppor- Senate as part of the FECA bill at the SEC. 401. SHORT TITLE. tunity to market fully their products. end of the 108th Congress. This title may be cited as the ‘‘Preserva- Now, as part of a comprehensive Title III of the bill is the Film Pres- tion of Orphan Works Act’’. package, ‘‘the Family Entertainment ervation Act, legislation that I spon- SEC. 402. REPRODUCTION OF COPYRIGHTED and Copyright Act of 2005,’’ it is even sored in the last Congress. A version of WORKS BY LIBRARIES AND AR- more significant. This package con- CHIVES. this bill, too, was part of the FECA bill tains a number of targeted, important Section 108(i) of title 17, United States that passed the Senate last Congress. reforms that help strengthen our intel- Code, is amended by striking ‘‘(b) and (c)’’ The Film Preservation Act will allow and inserting ‘‘(b), (c), and (h)’’. lectual property laws. I rise to express the Library of Congress to continue its my strong support for the bill and ask Mr. LEAHY. Mr. President, today I important work in preserving Amer- my colleagues to move it expedi- join my colleagues, Senators HATCH, ica’s fading film treasures. The works tiously. FEINSTEIN, and CORNYN, introducing an preserved by this important program Intellectual property laws and the important piece of bipartisan intellec- include silent-era films, avant-garde American businesses that rely on them tual property legislation. The provi- works, ethnic films, newsreels, and deserve our strongest support. Our Na- sions of the ‘‘Family Entertainment home movies that are in many ways tion was founded on a number of im- and Copyright Act of 2005’’ are vir- more illuminating on the question of portant ideas. One central one was that tually identical to those in the bill we who we are as a society than the Holly- the value created by the work and passed in the waning days of the 108th wood sound features kept and pre- sweat of a person should be recognized Congress. Unfortunately, that package served by major studios. What’s more, as that person’s property and should be of intellectual property bills was hi- the bill will assist libraries, museums, protected. Protecting the creativity jacked in an effort to use it as a vehicle and archives in preserving films, and in and capital that American innovators to pass unrelated legislation. The ef- making those works available to re- invest to make our lives richer is the fort failed, and in the end so did Con- searchers and the public. right thing to do. Failure to do so not gress: we were not able to send to the Finally, the bill contains the Preser- only would diminish the quality of our President the most important package vation of Orphan Works Act. This pro- individual lives, but our country would of intellectual property legislation on vision corrects for a drafting error in suffer too. Intellectual property-re- last year’s agenda. The legislation the Sonny Bono Copyright Term Ex- lated industries are a central driver of passed in the Senate—several times in tension Act. Correction of this error our Nation’s economy and a staple of fact—but there was simply not enough will allow libraries to create copies of our international trade. time for the House of Representatives certain copyrighted works, such as The copyright-based industries alone to act. films and musical compositions that accounted for more than 5 percent of I am pleased that we were able to sal- are in the last 20 years of their copy- the U.S. GDP or $535,100,000,000 in 2001 vage two components of last year’s bill. right term, are no longer commercially and almost 6 percent of U.S. employ- As Congress came to a close, the House exploited, and are not available at a ment, and led all major industry sec- passed the Senate version of the CRE- reasonable price. Again, this provision tors in foreign sales and exports in ATE Act, legislation I cosponsored ensures that copies of culturally-illu- 2001, the last year for which we have with Senator HATCH. The new law will minating works are not lost to history. figures. continue to encourage collaborative re- Anytime we enact a package of legis- As the Justice Department recently search partnerships between private in- lation as large as the ‘‘Family Enter- has pointed out:

VerDate jul 14 2003 04:59 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.094 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S499 Ideas and the people who generate them rely on box office and home video and there has been some misinformation serve as critical resources both in our daily other subsequent sales to recoup this about this by groups who apparently lives and in the stability and growth of investment. A camcorded copy released oppose copyright protections generally, America’s economy. The creation of intellec- early in any of these cycles can under- but this bill has nothing to do with tual property—from designs for new products anything other than using a certain to artistic creations—unleashes our Nation’s mine the economics of this business, potential, brings ideas from concept to com- and especially if they hit the streets or kind of technology to modify the view- merce, and drives future economic and pro- the internet while the movie is still in ing experience of a movie to skip over ductivity gains. In the increasingly knowl- theaters. This is theft, and it is theft objectionable content. edge-driven, information age economy, intel- that supports organized crime groups, Finally, the two remaining provi- lectual property is the new coin of the realm. and perhaps, even terrorism. It de- sions—though relatively small—are not . . . [Report of the DOJ Task Force on Intel- serves to be stopped by the specter of a insignificant. The Film Preservation lectual Property, p. 7.] federal felony. Act, legislation that I recognize is par- As the DOJ IP Task Force Report Its second key provision focuses on ticularly important to Senator LEAHY, notes, America’s economy relies more so-called ‘‘pre-released’’ works. Be- and I thank him for his efforts in pro- and more on ideas we create, not cause serious harm can be done to both moting it, will reauthorize a Library of things we make. We need to protect the reputation of and market for cre- Congress Program dedicated to saving our Nation’s innovative and creative ative products if they are pirated be- rare and significant films. Addition- works with strong laws and enforce- fore they actually come to market, we ally, we make a small but necessary ment of those laws because doing so is have included reforms in the ART Act change to the Sonny Bono Copyright vital to our national economic secu- and this package that make it easier Term Extension Act. Correction of this rity. for the Justice Department to pros- error will allow libraries to create cop- Having noted and quoted the DOJ Re- ecute those who steal and distribute ies of certain copyrighted works, such port, I want to pause to thank the Jus- copies of copyrighted works on the as films and musical compositions that tice Department and outgoing Attor- internet before they are released to the are in the last 20 years of their copy- ney General John Ashcroft for taking public by their owners or authorized right term, are no longer commercially these issues seriously and for taking distributors. We make the prosecutor’s exploited, and are not available at a significant steps to address them. The job easier by allowing certain presump- reasonable price. formation of the Intellectual Property tions with regard to the harm caused, Before I relinquish my time, I do Task Force spotlighted these issues at including the dollar amount and num- want to thank a number of people who the Justice Department and the work ber of copies, necessary to allow the have worked tirelessly on behalf of this of the Task Force, headed by David prosecutor to bring a felony action bill. Allow me to thank David Jones and Tom Sydnor of the staff of Chair- Israelite did a superb job in developing where the works in question are being man ORRIN HATCH, who is not only our comprehensive and serious steps better prepared for commercial release but previous Judiciary Committee Chair- protecting our intellectual property in- have not been released to the public le- man, but a leader on copyright and in- terests. The DOJ engaged in serious do- gitimately. This is fair because no one tellectual property issues; Susan Da- mestic and international investiga- can legitimately believe that they are vies and Dan Fine of Senator LEAHY’s tions and prosecutions against digital within their rights copying and distrib- staff, who also has long been a leader thieves who have misused promising uting works that are not yet available on intellectual property issues; and fi- digital technology like the Internet to in the marketplace. Again this is a nally, David Hantman of Senator FEIN- further their attacks on American common sense concept, which deserves businesses. General Ashcroft and the STEIN’s staff, a Senator with whom I the support of the Congress. am happy to have teamed to introduce Justice Department, who deserve our Also, I would mention the Family the ART Act in the last Congress. gratitude for so many reasons, cer- Movie Act—another important compo- tainly deserve it for their efforts on Having begun with the staff, who nent of this package. This provision al- rarely get mentioned as much as they this area. lows the use of certain, specified tech- Having provided that foundation, let deserve for the great work they do, let nology to skip or mute content that me also thank the Senators they work me discuss briefly some of the impor- may be objectionable to certain view- for: Senators HATCH, LEAHY, and FEIN- tant provisions contained in this legis- ers when watching a movie at home, so STEIN for their co-sponsorship, as well lative package. long as no fixed copy of the edited We have purposefully compiled a as the Majority Leader, who has taken work is made. a personal interest in this legislation package of legislation that strikes a Very few would argue that many of and worked to make it happen. balance between innovation and copy- the movies produced today contain sig- Mr. CORNYN. Mr. President, would right protection. One needn’t be sac- nificant amounts of gratuitous sex, vi- the Senator yield for a quick question? rificed to encourage the other—rather olence, foul language or other poten- Mr. HATCH. I would be happy to they go hand-in-hand. tially objectionable content. A number yield for a question from the distin- First, I would mention the Cornyn- of innovative companies have stepped guished Senator from Texas. Feinstein ‘‘Artist’s Rights and Theft forward to solve this problem by pro- Mr. CORNYN. As the chairman Prevention Act’’ or the ART Act. Nota- viding filters that tag such scenes and knows, he and I and our other cospon- bly, it contains a provision making it a allows consumers to tailor their view- sors have worked throughout last Con- felony to record a movie in a theater. ing experience. gress on the provisions of the Family One of the principal ways that movie This legislation is designed to solve Entertainment and Copyright Act of piracy happens is by thieves sitting in an on-going controversy surrounding 2005 that we have introduced today. a movie theater, or bribing a projec- the use of such technology. Specifi- With respect to the Family Movie Act tionist to help them, and recording cally, there is litigation pending over portion of the bill, I just wanted to movies with small camcorders. These the issue of whether providing edited raise the point that there had been camcorded copies can then make their versions of movies to consumers cre- some concern over the potential effect way around the world on the internet ates a ‘‘derivative work’’ that violates of the FMA on future cases involving and usually land on the streets of cities the rights of those who created or own ‘‘ad skipping’’ technologies and ask if around the world in pirated copies sold the copyrights and trademarks for the you would have any objection to in- on the street, often the day the movie original movies. The existence of this cluding in the record the relevant por- opens in the U.S. or even before the controversy arguably is hampering the tion of the floor discussion on that movie opens in many countries. development of the technology that issue from last Congress? All it takes is a single or a small families may find helpful in protecting Mr. HATCH. I thank my friend, the handful of camcorded copies distrib- children from potentially objectionable Senator from Texas, for that reminder. uted worldwide to have a devastating content. I would certainly have no objection to effect on a movie’s profitability. Mov- Let me make clear that this bill is entering our previous colloquy into the ies are generally an investment of tens not designed to deal with ad-skipping RECORD again and ask unanimous con- or hundreds of millions of dollars that by consumers in the home. I know that sent that it appear after our remarks.

VerDate jul 14 2003 04:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.109 S25PT1 S500 CONGRESSIONAL RECORD — SENATE January 25, 2005 Mr. HATCH. Mr. President, Section clear that someone recording from a Entertainment and Copyright Act of 102 of the ART Act establishes a new television in his home does not meet 2004 that we introduced today modifies provision of Title 18 entitled, ‘‘Unau- that definition. It is important to em- slightly the Family Movie Act provi- thorized Recording of Motion Pictures phasize that the clause ‘‘open to the sions of H.R. 4077 as passed by the in a Motion Picture Exhibition Facil- public’’ applies specifically to the exhi- House of Representatives. That bill ity.’’ I ask Senator CORNYN, what is the bition, not to the facility. An exhi- created a new exemption in section purpose of this provision? bition in a place open to the public 110(11) of the Copyright Act for skip- Mr. CORNYN. Section 102 addresses a that is itself not made to the public is ping and muting audio and video con- serious piracy issue facing the movie not the subject of this bill. tent in motion pictures during per- business: the use of camcorders in a Thus, for example, a university film formances that take place in the motion picture theater. Sad to say, lab may be ‘‘open to the public.’’ How- course of a private viewing in a house- there are people who go to the movie ever, a student who is watching a film hold from an authorized copy of the theater, generally during pre-opening in that lab for his or her own study or motion picture. The House-passed ‘‘screenings’’ or during the first week- research would not be engaging in an version specifically excluded from the end of theatrical release, and using so- exhibition that is ‘‘open to the public.’’ scope of the new copyright exemption phisticated digital equipment, record Thus, if that student copied an excerpt computer programs or technologies the movie. They’re not trying to save from such an exhibition, he or she that make changes, deletions, or addi- $8.00 so they can see the movie again. would not be subject to liability under tions to commercial advertisements or Instead, they sell the camcorded the bill. to network or station promotional an- version to a local production factory or Mr. HATCH. Do the users of hearing nouncements that would otherwise be to an overseas producer, where it is aids, cell phones or similar devices displayed before, during, or after the converted into DVDs or similar prod- have anything to fear from this stat- performance of the motion picture. My understanding is that this provi- ucts and sold on the street for a few ute? sion reflected a ‘‘belt and suspenders’’ dollars per copy. This misuse of Mrs. FEINSTEIN. Of course not. The approach that was adopted to quiet the camcorders is a significant factor in statute covers only a person who concerns of some Members in the ‘‘knowingly uses or attempts to use an the estimated $3.5 billion per year of House who were concerned that a court audiovisual recording device to trans- losses the movie industry suffers be- might misread the statute to apply to mit or make a copy of a motion picture cause of hard goods piracy. Even worse, ‘‘ad-skipping’’ cases. Some Senators, or other audiovisual work protected these camcorded versions are posted on however, expressed concern that the in- under Title 17, or any part there- the Internet through ‘‘P2P’’ networks clusion of such explicit language could of....’’ In other words, the defendant such as KaZaA, Grokster and Mor- create unwanted inferences as to the pheus—and made available for millions would have to be making, or attempt- ‘‘ad-skipping’’ issues at the heart of to download. The goal of our bill is to ing to make, a copy that is itself an the recent litigation. Those issues re- provide a potent weapon in the arsenal audiovisual work, or make, or attempt main unsettled, and it was never the of prosecutors to stem the piracy of to make, a transmission embodying an intent of this legislation to resolve or commercially valuable motion pictures audiovisual work, as that term is de- affect those issues. In the meantime, at its source. fined in Section 101 of Title 17. As such, the Copyright Office has confirmed Mr. HATCH. I have heard it said that the Act would not reach the conduct of that such a provision is unnecessary to this bill could be used against a sales- a person who uses a hearing aid, a still achieve the intent of the bill, which is person or a customer at stores such as camera, or a picture phone to capture to avoid application of this new exemp- Best Buy or Circuit City if he or she an image or mere sound from the tion in potential future cases involving were to point a video camera at a tele- movie. ‘‘ad-skipping’’ devices; therefore, the vision screen showing a movie. Is this Mr. HATCH. It appears that there is Senate amendment we offer removes cause for concern? no fair use exception to this provision. the unnecessary exclusionary lan- Mr. CORNYN. Absolutely not. The of- Is that correct? guage. fense is only applicable to transmitting Mrs. FEINSTEIN. This is a criminal Would the chairman confirm for the or copying a movie in a motion picture provision under Title 18, not a copy- Senators present his understanding of exhibition facility, which has to be a right provision under Title 17. Accord- the intent and effect, or perhaps stated movie theater or similar venue ‘‘that is ingly, there is no fair use exception in- more appropriately, the lack of any ef- being used primarily for the exhibition cluded. However, Federal prosecutors fect, of the Senate amendment on the of a copyrighted motion picture.’’ In should use their discretion not to bring scope of this bill? the example of Best Buy—the store is criminal prosecutions against activi- Mr. HATCH. My cosponsor, Senator being used primarily to sell electronic ties within movie theaters that would CORNYN, raises an important point. equipment, not to exhibit motion pic- constitute fair use under the copyright While we removed the ‘‘ad-skipping’’ tures. For the same reason, the statute laws. The object of this legislation is to language from the statute to avoid this would not cover a university student prevent the copying and distribution of unnecessary controversy, you are abso- who records a short segment of a film motion pictures in a manner that lutely correct that this does not in any being shown in film class, as the venue causes serious commercial harm. This way change the scope of the bill. The is being used primarily as a classroom, legislation is not intended to chill le- bill protects the ‘‘making impercep- and not as a movie theater. gitimate free speech. tible . . . limited portions of audio or Mr. HATCH. Does the Senator from Mr. HATCH. Does the Senator from video content of a motion picture . . .’’ California agree with your colleague Texas agree? An advertisement, under the Copyright from Texas? Mr. CORNYN. Yes, on all points. Act, is itself a ‘‘motion picture,’’ and Mrs. FEINSTEIN. Absolutely on all Mr. CORNYN. Mr. President, would thus a product or service that enables points. the chairman yield for a question? the skipping of an entire advertise- Mr. HATCH. I have also heard some Mr. HATCH. I would be happy to ment, in any media, would be beyond say that this statute could be used to yield for a question from the distin- the scope of the exemption. Moreover, prosecute someone for camcording a guished Senator from Texas. the phrase ‘‘limited portions’’ is in- DVD at his home. Is this a fair con- Mr. CORNYN. As the chairman tended to refer to portions that are cern? knows, he and I and our other co-spon- both quantitatively and qualitatively Mrs. FEINSTEIN. No, it is not. The sors have worked throughout this Con- insubstantial in relation to the work as definition of a motion picture exhi- gress on the provisions of the Family a whole. Where any substantial part of bition facility includes the concept Entertainment and Copyright Act of a complete work, such as a commercial that the exhibition has to be ‘‘open to 2004 that we have introduced today. I advertisement, is made imperceptible, the public or is made to an assembled just want to confirm what I believe to the new section 110(11) exemption group of viewers outside of a normal be our mutual understanding about the would not apply. circle of a family and its social ac- effect of certain provisions of the Fam- The limited scope of this exemption quaintances.’’ This definition makes ily Movie Act. Title II of the Family does not, however, imply or show that

VerDate jul 14 2003 04:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.119 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S501 such a product would be infringing. transmitted to the home, as through pay- by that viewer. Such a model would fall This legislation does not in any way per-view and ‘‘video-on-demand’’ services. under the liability limitation of the Family deal with that issue. It means simply Subsection (a): Short Title Movie Act. This limitation, however, would not allow Subsection (a) sets forth the short title of that such a product is not immunized a program distributor, such as a provider of the bill as the Family Movie Act of 2004. from liability by this exemption. video-on-demand services, a cable or sat- Mr. CORNYN. I thank the chairman. Subsection (b): Exemption from Copyright and ellite channel, or a broadcaster, to make im- I am pleased that we share a common Trademark Infringement for Skipping of perceptible limited portions of a movie in understanding. If the chairman would Audio or Video Content of Motion Pictures order to provide an altered version of that yield for one more question about the Subsection (b) is the Family Movie Act movie to all of its customers, which could Family Movie Act? core provision and creates a new exemption violate a number of the copyright owner’s Mr. HATCH. Certainly. at section 110(11) of the Copyright Act for exclusive rights, or to make a determination Mr. CORNYN. This bill also differs the ‘‘making imperceptible’’ of limited por- of scenes to be skipped or dialog to be muted tions of audio or video content of a motion and to offer to its viewers no more of a from the House-passed version because picture during a performance in a private choice than to view an original or an altered it adds two ‘‘savings clauses.’’ As I un- household. This new exemption sets forth a version of that film. Some element of indi- derstand it, the ‘‘copyright’’ savings number of conditions to ensure that it vidualized preferences and control must be clause makes clear that there should achieves its intended effect while remaining present such that the viewer exercises sub- be no ‘‘spillover effect’’ from the pas- carefully circumscribed and avoiding any un- stantial choice over the types of content sage of this law: that is, nothing shall intended consequences. The conditions that they choose to skip or mute. be construed to have any effect on allow an exemption, which are discussed in It is also important to emphasize that the more detail below, consist of the following: new section 110(11) exemption is targeted rights, defenses, or limitations on The making imperceptible must be ‘‘by or narrowly and specifically at the act of ‘‘mak- rights granted under title 17, other at the direction of a member of a private ing imperceptible’’ limited portions of audio than those explicitly provided for in household.’’ This legislation contemplates or video content of a motion picture during the new section 110(11) exemption. The that any altered performances of the motion a performance that occurs in, or that is second, relating to trademark, clarifies picture would be made either directly by the transmitted to, a private household for pri- that no inference can be drawn that a viewer or at the direction of a viewer where vate home viewing. This section would not person or company who fails to qualify the viewer is exercising substantial choice exempt from liability an otherwise infring- ing performance, or a transmission of a per- for the exemption from trademark in- over the types of content they choose to skip or mute. formance, during which limited portions of fringement found in this provision is The making imperceptible must occur audio or video content of the motion picture therefore liable for trademark infringe- ‘‘during a performance in or transmitted to are made imperceptible. In other words, ment. Is that the chairman’s under- the household for private home viewing.’’ where a performance in a household or a standing as well? Thus, this provision does not exempt an un- transmission of a performance to a house- Mr. HATCH. Yes it is. Let me ask authorized ‘‘public performance’’ of an al- hold is done lawfully, the making impercep- that a copy of the section-by-section tered version. tible limited portions of audio or video con- analysis of the Family Movie Act as The making imperceptible must be ‘‘from tent of the motion picture during that per- formance, consistent with the requirements amended by the Senate be included in an authorized copy of a motion picture.’’ Thus, skipping and muting from an unau- of this new section, will not result in in- the RECORD. This section-by-section thorized or ‘‘bootleg’’ copy of a motion pic- fringement liability. Similarly, an infringing analysis contains a more complete ture would not be exempt. performance in a household, or an infringing analysis of the bill as proposed today No ‘‘fixed copy’’ of the altered version of transmission of a performance to a house- in the Senate, including the limited the motion picture may be created by the hold, are not rendered non-infringing by sec- changes made by the bill Senators computer program or other technology that tion 110(11) by virtue of the fact that limited LEAHY, CORNYN, BIDEN, and I offer makes imperceptible portions of the audio or portions of audio or video content of the mo- today. video content of the motion picture. This tion picture being performed are made im- The analysis follows. provision makes clear that services or tech- perceptible during such performance or nologies that make a fixed copy of the al- transmission in a manner consistent with SECTION-BY-SECTION ANALYSIS OF THE FAMILY tered version are not afforded the benefit of that section. MOVIE ACT OF 2004, AMENDED AND PASSED this exemption. The bill also provides additional guidance, BY THE SENATE The ‘‘making imperceptible’’ of limited if not an exact definition, of what the term OVERVIEW portions of a motion picture does not include ‘‘making imperceptible’’ means. The bill pro- Title II of the Family Entertainment and the addition of audio or video content over vides specifically that the term ‘‘making im- Copyright Act of 2004 incorporates the or in place of other content, such as placing perceptible’’ does not include the addition of House-passed provision of the Family Movie a modified image of a person, a product, or audio or video content that is performed or Act of 2004, with limited changes as reflected an advertisement in place of another, or add- displayed over or in place of existing content in this section-by-section analysis. As dis- ing content of any kind. in a motion picture. This is intended to cussed herein, these changes are not in- These limitations, and other operative pro- make clear in the text of the statute what tended to and do not affect the scope, effect visions of this new section 110(11) exemption, has been expressed throughout the consider- or application of the bill. merit further elaboration as to their pur- ation of this legislation, which is that the The purpose of the Family Movie Act is to poses and effects. Family Movie Act does not enable the addi- empower private individuals to use tech- The bill makes clear that the ‘‘making im- tion of content of any kind, including the nology to skip and mute material that they perceptible’’ of limited portions of audio or making imperceptible of audio or video con- find objectionable in movies, without im- video content of a motion picture must be tent by replacing it or by superimposing pacting established doctrines of copyright or done by or at the direction of a member of a other content over it. In other words, for trademark law or those whose business mod- private household. While this limitation does purposes of section 110(11), ‘‘making imper- els depend upon advertising. This amend- not require that the individual member of ceptible’’ refers solely to skipping scenes and ment to the law should be narrowly con- the private household exercise ultimate deci- portions of scenes or muting audio content strued to effect its intended purpose only. sion-making over each and every scene or from the original, commercially available The sponsors of the legislation have been element of dialog in the motion picture that version of the motion picture. No other careful to tailor narrowly the legislation to is to be made imperceptible, it does require modifications of the content are addressed or clearly allow specific, consumer-directed ac- that the making imperceptible be made at immunized by this legislation. tivity and not to open or decide collateral the direction of that individual in response The House sponsor of this legislation noted issues or to affect any other potential or ac- to the individualized preferences expressed in his explanation of his bill, and the Senate tual disputes in the law. by that individual. The test of ‘‘at the direc- is also aware, that some copy protection The bill as proposed in the Senate makes tion of an individual’’ would be satisfied technologies rely on matter placed into the clear that, under certain conditions, ‘‘mak- when an individual selects preferences from audio or video signal. The phrase ‘‘limited ing imperceptible’’ of limited portions of among options that are offered by the tech- portions of audio or video content of a mo- audio or video content of a motion picture— nology. tion picture’’ means what it would naturally that is, skipping and muting limited por- An example is the C1earPlay model. seem to mean (i.e., the actual content of the tions of movies without adding any con- C1earPlay provides so-called ‘‘filter files’’ motion picture) and does not refer to any tent—as well as the creation or provision of that allow a viewer to express his or her component of a copy protection scheme or a computer program or other technology preferences in a number of different cat- technology. This provision does not allow that enables such making imperceptible, egories, including language, violence, drug the skipping of technologies or other copy- does not violate existing copyright or trade- content, sexual content, and several others. protection-related matter for the purpose of mark laws. That is true whether the movie is The version of the movie that the viewer defeating copy protection. Rather, it is ex- on prerecorded media, like a DVD, or is sees depends upon the preferences expressed pected that skipping and muting of content

VerDate jul 14 2003 04:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.120 S25PT1 S502 CONGRESSIONAL RECORD — SENATE January 25, 2005 in the actual motion picture will be skipped The House-passed bill adopted a ‘‘belt and able—is not subject to trademark infringe- or muted at the direction of the viewer based suspenders’’ approach to this question by ment liability based on that conduct, pro- on that viewer’s desire to avoid seeing or adding exclusionary language in the statute vided that person’s conduct complies with hearing the action or sound in the motion itself. Ultimately that provision raised con- the requirements of section 110(11). This sec- picture. Skipping or muting done for the cerns in the Senate that such exclusionary tion provides a similar exemption for a man- purpose of or having the effect of avoiding language would result in an inference that ufacturer, licensee or licensor of technology copy protection technologies would be an the bill somehow expresses an opinion, or that enables such making imperceptible, but abuse of the safe harbor outlined in this leg- even decides, the unresolved legal questions such manufacturer, licensee or licensor is islation and may violate section 1201 of title underlying recent litigation related to these subject to the additional requirement that it 17. so-called ‘‘ad-skipping’’ devices. In the ensure that the technology provides a clear Violating the Digital Millennium Copy- meantime, the Copyright Office also made and conspicuous notice at the beginning of right Act, and particularly its anti-cir- clear that such exclusionary language is not each performance that the performance of cumvention provisions, is not necessary to necessary. In other words, the exclusionary the motion picture is altered from the per- enable technology of the kind contemplated language created unnecessary controversy formance intended by the director or the under the Family Movie Act. Although the without adding any needed clarity to the copyright holder. amendment to section 110 provides that it is statute. Of course, nothing in this section would not an infringement of copyright to engage Thus, the Senate amendment omits the ex- immunize someone whose conduct, apart in the conduct that is the subject of the clusionary language while leaving the scope from the narrow conduct described by 110(11), Family Movie Act, the Act does not provide and application of the bill exactly as it was rises to the level of a Lanham Act violation. any exemption from the anti-circumvention when it passed the House. The legislation For example, someone who provides tech- provisions of section 1201 of title 17, or from does not provide a defense in cases involving nology to enable the making imperceptible any other provision of chapter 12 of title 17. so-called ‘‘ad-skipping’’ devices, and it also limited portions of a motion picture con- It would not be a defense to a claim of viola- does not affect the legal issues underlying sistent with section 110(11) could not be held tion of section 1201 that the circumvention is such litigation, one way or another. Con- liable on account of such conduct under the for the purpose of engaging in the conduct sistent with the intent of the legislation to Trademark Act, but if in providing such . . . covered by this new exemption in section fix a narrow and specific copyright issue, 110(11), just as it is not a defense under sec- this bill seeks very clearly to avoid unneces- f tion 1201 that the circumvention is for the sarily interfering with current business mod- purpose of engaging in any other non-in- els, especially with respect to advertising, SUBMITTED RESOLUTIONS fringing conduct. There are a number of companies currently promotional announcements, and the like. providing the type of products and services Simply put, the bill as amended in the Sen- covered by this Act. The Family Movie Act ate is narrowly targeted to the use of tech- SENATE RESOLUTION 10—HON- is intended to facilitate the offering of such nologies and services that filter out content ORING THE LIFE OF JOHNNY products and services, and it certainly cre- in movies that a viewer finds objectionable, CARSON and it in no way relates to or affects the le- ates no impediment to the technology em- Mr. NELSON of Nebraska (for him- ployed by those companies. Indeed, it is im- gality of so-called ‘‘ad-skipping’’ tech- portant to underscore the fact that the sup- nologies. self, Mr. HAGEL, Mr. KENNEDY, Mrs. port for such technology and consumer offer- There are a variety of services currently in FEINSTEIN, and Mr. INOUYE) submitted ings that is reflected in this legislation is litigation that distribute actual copies of al- the following resolution; which was driven in some measure by the desire for tered movies. This type of activity is not considered and agreed to: copyright law to be respected and to ensure covered by the section 110(11) exemption cre- S. RES. 10 that technology is deployed in a way that ated by the Family Movie Act. There is a supports the continued creation and protec- basic distinction between a viewer choosing Whereas Johnny Carson, a friend to the tion of entertainment and information prod- to alter what is visible or audible when view- United States Senate, passed away January ucts that rely on copyright protection. This ing a film, the focus of this legislation, and 23, 2005; legislation reflects the firm expectation that a separate entity choosing to create and dis- Whereas Johnny Carson was a philan- those rights and the interests of viewers in tribute a single, altered version to members thropist, friend, and favorite Nebraska na- their homes can work together in the con- of the public. The section 110(11) exemption tive son; text defined in this bill. Any suggestion that only applies to viewer directed changes to Whereas Johnny Carson was born in Iowa, support for the exercise of viewer choice in the viewing experience, and not the making raised in Norfolk, Nebraska, and made fa- modifying their viewing experience of copy- or distribution of actual altered copies of the mous in Hollywood as a late night friend to righted works requires violation of either motion picture. all of America; the copyright in the work or of the copy pro- Related to this point, during consideration Whereas Johnny Carson served in the tection schemes that provide protection for of this legislation in the House there were United States Navy as an ensign during such work should be rejected as counter to conflicting expert opinions on whether fixa- World War II; legislative intent or technological necessity. tion is required to infringe the derivative Whereas Johnny Carson late hosted ‘‘The The House-passed bill included an explicit work right under the Copyright Act, as well Tonight Show’’ for 30 years; exclusion to the new section 110(11) exemp- as whether evidence of Congressional intent Whereas Johnny Carson was best known as tion in cases involving the making impercep- in enacting the 1976 Copyright Act supports America’s late night king of comedy; tible of commercial advertisements or net- the notion that fixation should not be a pre- Whereas Johnny Carson was one of the big- work or station promotional announce- requisite for the preparation of an infringing gest stars in Hollywood but never forgot his ments. This provision was added on the derivative work. This legislation should not roots; House floor to respond to concerns expressed be construed to be predicated on or to take Whereas Johnny Carson was respected by by Members during the House Judiciary a position on whether fixation is necessary his colleagues as a gentleman; and Committee markup that the bill might be to violate the derivative work right, or Whereas Johnny Carson was bright and read somehow to exempt from copyright in- whether the conduct that is immunized by witty, and always set the highest of stand- fringement liability devices that allow for this legislation would be infringing in the ards for his performances: Now, therefore, be skipping of advertisements in the playback absence of this legislation. Subsection (b) it of recorded television (so called ‘‘ad-skip- also provides a savings clause to make clear Resolved, That the Senate— ping’’ devices). Such a reading is not con- that the newly-created copyright exemption (1) mourns the loss of Johnny Carson; sistent with the language of the bill or its in- is not to be construed to have any effect on (2) recognizes the contributions of Johnny tent. rights, defenses, or limitations on rights Carson to his home State of Nebraska; The phrase ‘‘limited portions of audio or granted under title 17, other than those ex- (3) admires the sense of humor and late video content of a motion picture’’ applies plicitly provided for in the new section night presence of Johnny Carson in homes in only to the skipping and muting of scenes or 110(11) exemption. the United States for over 30 years; dialog that are part of the motion picture (4) expresses gratitude for the lifetime of itself, and not to the skipping of commercial Subsection (c): Exemption from Trademark In- fringement memories Johnny Carson provided; and advertisements, which are themselves con- (5) directs the Secretary of the Senate to Subsection (c) provides for a limited ex- sidered motions pictures under the Copy- transmit an enrolled copy of this resolution emption from trademark infringement for right Act. It also should be noted that the to the family of Johnny Carson. phrase ‘‘limited portions’’ is intended to those engaged in the conduct described in refer to portions that are both quan- the new section 110(11) of the Copyright Act. titatively and qualitatively insubstantial in In short, this subsection makes clear that a SENATE RESOLUTION 11—HON- relation to the work as a whole. Where any person engaging in the conduct described in ORING THE SERVICE OF REV- substantial part of a complete work (includ- section 110(11)—the ‘‘making imperceptible’’ EREND LLOYD OGILVIE ing a commercial advertisement) is made im- of portions of audio or video content of a mo- perceptible, the section 110(11) exemption tion picture or the creation or provision of Mr. KYL (for himself, Mr. would not apply. technology to enable such making avail- BROWNBACK, Mr. LOTT, Mr. CHAMBLISS,

VerDate jul 14 2003 04:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.122 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S503 and Mr. SANTORUM) submitted the fol- Whereas Heisman Trophy winner and Asso- Whereas Public Law 92–249, enacted on lowing resolution; which was consid- ciated Press Player of the Year, quarterback March 10, 1972, and codified as section 2554 of ered and agreed to: Matt Leinart, completed 18 of 35 passes for a title 10, United States Code, recognizes that total of 332 yards and set an Orange Bowl Boy Scout Jamborees may be held on mili- S. RES. 11 record with 5 touchdown passes; tary installations and authorizes the Depart- Whereas a decade ago, on January 24, 1995, Whereas tailback Reggie Bush was a ment of Defense, in support of Boy Scout the Reverend Lloyd Ogilvie was elected by Heisman Trophy finalist and the winner of Jamborees, to lend certain equipment and to the Senate as its 61st Chaplain; the Chic Harley award, presented annually provide transportation from the United Whereas Reverend Lloyd Ogilvie is a friend to the College Football Player of the Year by States or military commands overseas, and and confidant to Senators, and to many staff the Touchdown Club of Columbus; and return, at no expense to the United States members and Senate employees; Whereas quarterback Matt Leinert, tail- Government, and to provide other personnel Whereas Reverend Lloyd Ogilvie was al- back Reggie Bush, defensive tackle Shaun services and logistical support to the Boy ways a soothing presence in a body whose Cody, and linebacker Matt Grootegoed were Scouts of America to support national and Members are sometimes at loggerheads; named to the Associated Press All-American world gatherings of Boy Scouts at events Whereas Reverend Lloyd Ogilvie is some- first team: Now, therefore, be it known as Boy Scout Jamborees: Now, there- one upon whom Democrats and Republicans, Resolved, That the Senate— fore, be it men and women of different religious faiths, (1) commends the University of Southern Resolved by the Senate (the House of Rep- can count as a sympathetic and trusted advi- California Trojans football team for winning resentatives concurring), That it is the sense sor; and the 2004 Bowl Championship Series national of the Congress that the Department of De- Whereas after the tragedy of September 11, championship game; and fense should continue to exercise its long- 2001, and until his retirement in 2003, we de- (2) directs the Secretary of the Senate to standing statutory authority to support the pended on him even more to strengthen our make available to the University of South- activities of the Boy Scouts of America, in spirit and help us find consolation in Scrip- ern California an enrolled copy of this reso- particular the periodic national and world ture: Now, therefore, be it lution for appropriate display. Boy Scout Jamborees. Resolved, That the Senate honors the sig- Mr. NELSON of Florida. Mr. Presi- nificance of this 10-year anniversary by de- SENATE CONCURRENT RESOLU- dent, today I rise to submit a concur- claring to the Reverend Lloyd Ogilvie that rent resolution on behalf of myself, we remember his loving service to the Sen- TION 4—EXPRESSING THE SENSE Senators ALLARD, ALLEN, BEN NELSON ate and this Country, and use this anniver- OF THE CONGRESS THAT THE sary to express our gratitude to him for his DEPARTMENT OF DEFENSE of Nebraska, SESSIONS and ENZI ex- ministry to the Senate family. SHOULD CONTINUE TO EXERCISE pressing the sense of the Congress that ITS STATUTORY AUTHORITY TO the Department of Defense should con- SENATE RESOLUTION 12—COM- SUPPORT THE ACTIVITIES OF tinue to exercise its statutory author- MENDING THE UNIVERSITY OF THE BOY SCOUTS OF AMERICA, ity to support the activities of the Boy SOUTHERN CALIFORNIA TRO- IN PARTICULAR THE PERIODIC Scouts of America, in particular the JANS FOOTBALL TEAM FOR WIN- NATIONAL AND WORLD BOY periodic national and world Boy Scout NING THE 2004 BOWL CHAMPION- SCOUT JAMBOREES Jamborees. I ask unanimous consent that, the SHIP SERIES NATIONAL CHAM- Mr. NELSON of Florida (for himself, attached letter from Secretary of De- PIONSHIP GAME Mr. ALLARD, Mr. ALLEN, Mr. NELSON of fense Rumsfeld be printed in the Mrs. FEINSTEIN (for herself and Nebraska, Mr. SESSIONS, and Mr. ENZI) RECORD. Mrs. BOXER) submitted the following submitted the following concurrent There being no objection, the letter resolution; which was considered and resolution; which was referred to the was ordered to be printed in the agreed to: Committee on Armed Services: RECORD, as follows: S. RES. 12 S. CON. RES. 4 THE SECRETARY OF DEFENSE, Whereas the University of Southern Cali- Whereas the Boy Scouts of America was in- Washington, DC, December 2, 2004. fornia Trojans football team won the 2004 corporated on February 8, 1910, and received The SPEAKER, Bowl Championship Series national cham- a Federal charter on June 15, 1916, which is House of Representatives, pionship game, defeating Oklahoma Univer- codified as chapter 309 of title 36, United Washington, DC. sity by a score of 55 to 19 in the FedEx Or- States Code; DEAR MR. SPEAKER: The Department of De- ange Bowl at Pro Player Stadium in Miami, Whereas section 30902 of title 36, United fense (DOD) has a long tradition of providing Florida, on January 4, 2004; States Code, states that it is the purpose of worldwide support for Boy Scout activities, Whereas the University of Southern Cali- the Boy Scouts of America to promote, which have been mutually beneficial to the fornia Trojans football team has won 11 na- through organization, and cooperation with Department and the Boy Scouts of America. tional championships; other agencies, the ability of boys to do I am especially appreciative of the efforts Whereas the University of Southern Cali- things for themselves and others, to train undertaken by numerous Scouting organiza- fornia Trojans football team has won 34 Pa- them in scoutcraft, and to teach them patri- tions to assist Service members deployed in cific 10 conference championships; otism, courage, self-reliance, and kindred the war on terrorism. As you are aware, the American Civil Lib- Whereas the University of Southern Cali- virtues; erties Union sued the Department of De- fornia Trojans football team has won 27 bowl Whereas, since its inception, millions of fense, the Department of Housing and Urban games, only 2 games fewer than the Univer- Americans of every race, creed, and religion Development, and others, challenging the sity of Alabama; have participated in the Boy Scouts of Amer- various statutory authorizations of support Whereas the University of Southern Cali- ica, and the Boy Scouts of America, as of Oc- for the Boy Scouts on the grounds that they fornia Trojans football team won 13 games tober 1, 2004, utilizes more than 1,200,000 violate the Establishment Clause of the First during the 2004 season for the first time in adult volunteers to serve 2,863,000 youth Amendment. The Department of Justice is the history of the school and became the members organized in 121,051 units; fighting the lawsuit, and the Department of first team since the University of Nebraska Whereas the Department of Defense and Defense is assisting in all respects. in 1994–1995 to repeat as Associated Press na- members of the Armed Forces have a long The Department of Defense entered a ‘‘par- tional champions and the second team to history of supporting the activities of the tial settlement’’ in the litigation, which ap- start and finish the season at number 1 in Boy Scouts of America and individual Boy parently resolved a small component of the the Associated Press poll; Scout troops inside the United States, and overall lawsuit. I was unaware of this settle- Whereas the University of Southern Cali- section 2606 of title 10, United States Code, ment, but I have since been advised that this fornia Trojans football team has won 22 con- enacted in 1988, specifically authorizes the agreement does not fundamentally change secutive games; Department of Defense to cooperate with and the long-standing relationship between Whereas the University of Southern Cali- assist the Boy Scouts of America in estab- America’s Boy Scouts and U.S. military in- fornia Trojans football team is ranked in the lishing and providing facilities and services stallations. I have been assured that Scouts top 10 in every defensive category; for members of the Armed Forces and their will continue to have access to our facilities Whereas the University of Southern Cali- dependents, and civilian employees of the for camping, hiking, fishing, etc. fornia Trojans football team has set a school Department of Defense and their dependents, I am concerned with the impression left by record by scoring at least 20 points in its last at locations outside the United States; the ACLU in recent reporting of this matter 38 games; Whereas sections 4682, 7541, and 9682 of title that suggests the Department of Defense is Whereas Head Coach Pete Carroll has a 10, United States Code, authorize the Depart- changing its relationship with the Boy record of 42 wins, 9 losses at the University ment of Defense to sell and, in certain cases, Scouts. Recently, I supported Sense of Con- of Southern California and is the second Uni- donate obsolete or excess material to the gress resolutions introduced in the House versity of Southern California coach to win Boy Scouts of America to support its activi- and Senate that the Department should con- back-to-back national championships; ties; and tinue to exercise its statutory authority to

VerDate jul 14 2003 04:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.102 S25PT1 S504 CONGRESSIONAL RECORD — SENATE January 25, 2005 support the activities of the Boy Scouts, in were abused in support of Viktor Ukraine to establish a full democracy, the particular the periodic national and world Yanukovich, and that illegal voting by ab- rule of law, and respect for human rights; Boy Scout Jamborees. sentee ballot, multiple voting, assaults on and I also have reviewed legislation recently electoral observers and journalists, and the (6) pledges its assistance to the strength- introduced that affirms Congressional sup- use of counterfeit ballots were widespread; ening of a fully free and open democratic port for Scouting organizations. I believe Whereas following the runoff presidential system in Ukraine, the creation of a pros- this legislation is important and welcome election on November 21, 2004, tens of thou- perous free market economy in Ukraine, the the opportunity to work with you as it sands of Ukrainian citizens engaged in reaffirmation of Ukraine’s independence and moves forward. peaceful demonstrations in Kiev and else- territorial sovereignty, and Ukraine’s full in- Sincerely, where to protest the unfair election and the tegration into the international community DONALD RUMSFELD. declaration by the Ukrainian Central Elec- of democracies. tion Commission that Viktor Yanukovich had won a majority of the votes; Mr. LUGAR. Mr. President, today I SENATE CONCURRENT RESOLU- Whereas, on November 25, 2004, the Ukrain- offer a resolution celebrating the De- TION 5—CONGRATULATING THE ian Supreme Court blocked the publication cember 26 election in Ukraine. I am PEOPLE OF UKRAINE FOR of the official runoff election results thus pleased that Ukraine has dominated CONDUCTING A DEMOCRATIC, preventing the inauguration of the next newspaper headlines and media broad- TRANSPARENT, AND FAIR RUN- president of Ukraine until the Supreme casts all over the world for the last OFF PRESIDENTIAL ELECTION Court examined the reports of voter fraud; sixty days. In that time, extraordinary ON DECEMBER 26, 2004, AND Whereas on November 27, 2004, the Par- liament of Ukraine passed a resolution de- events have occurred. A free press has CONGRATULATING VIKTOR claring that there were violations of law dur- revolted against government intimida- YUSHCHENKO ON HIS ELECTION ing the runoff presidential election on No- tion and reasserted itself. An emerging AS PRESIDENT OF UKRAINE AND vember 21, 2004, and that the results of the middle class has found its political HIS COMMITMENT TO DEMOC- election did not reflect the will of the footing. A new generation has found its RACY AND REFORM Ukrainian people; hope for the future. A society has re- Whereas on December 1, 2004, the Par- belled against the illegal activities of Mr. LUGAR (for himself and Mr. liament of Ukraine passed a no confidence BIDEN) submitted the following concur- motion regarding the government of Prime its government. It is in our interests to rent resolution; which was referred to Minister Viktor Yanukovich; recognize and protect these advances. the Committee on Foreign Relations: Whereas European mediators and current I congratulate the people of Ukraine Ukrainian President Leonid Kuchma began S. CON. RES. 5 in their undeniable quest for freedom discussions on December 1, 2004, to attempt and democracy. Furthermore, I would Whereas the establishment of a demo- to work out a resolution to the standoff be- cratic, transparent, and fair election process also like to congratulate President tween the supporters of both presidential Viktor Yushchenko, who was inaugu- for the 2004 presidential election in Ukraine candidates; and of a genuinely democratic political sys- Whereas on December 3, 2004, the Ukrain- rated last Sunday, for his victory. tem have been prerequisites for that coun- ian Supreme Court ruled that the runoff The December 26 election in Ukraine try’s full integration into the international presidential election on November 21, 2004, was a tribute to Ukraine’s maturing community of democracies; was invalid and ordered a new presidential democracy and places Ukraine on a Whereas the Government of Ukraine has election to take place on December 26, 2004; accepted numerous specific commitments path to join the community of Euro- Whereas on December 8, 2004, the Par- pean democracies. A fraudulent and il- governing the conduct of elections as a par- liament of Ukraine passed laws to reform the ticipating State of the Organization for Se- Ukrainian electoral process, including to re- legal election would have left Ukraine curity and Cooperation in Europe (OSCE); constitute the Ukrainian Central Election crippled. The new president would have Whereas the election of Ukraine’s next Commission, and to close loopholes for fraud lacked legitimacy with the Ukrainian president was seen as an unambiguous test of in preparation for a new presidential elec- people and the international commu- the extent of the Ukrainian authorities’ tion; nity. commitment to implement these standards Whereas on December 26, 2004, the people of With the stakes so high, I commend and build a democratic society based on free Ukraine again went to the polls to elect the elections and the rule of law; next president of Ukraine in what the con- President Bush, his Administration, Whereas a genuinely free and fair election sensus of domestic and international observ- and the international community for requires government and public authorities ers declared as a more democratic, trans- providing the people of Ukraine with to ensure that candidates and political par- parent, and fair election process with fewer the support they needed to withstand ties enjoy equal treatment before the law problems than the previous two rounds; the threats to free and fair elections. and that government resources are not em- Whereas on January 10, 2005, the election Even in the face of repeated attempts ployed to the advantage of individual can- victory of opposition leader Viktor to end any hope of a free and fair elec- didates or political parties; Yushchenko was certified by the Ukrainian tion, I was inspired by the willingness Whereas a genuinely free and fair election Central Election Commission; and requires the full transparency of laws and Whereas the runoff presidential election on and courage of so many citizens of regulations governing elections, multiparty December 26, 2004, signifies a turning point Ukraine to demonstrate their passion representation on election commissions, and for Ukraine which offers new hope and oppor- for free expression and the building of unobstructed access by candidates, political tunity to the people of Ukraine: Now, there- a truly democratic Ukraine. parties, and domestic and international ob- fore, be it I am hopeful that the momentum to servers to all election procedures, including Resolved by the Senate (the House of Rep- foster democratic freedom around the voting and vote-counting in all areas of the resentatives concurring), That Congress— world will continue. In his inaugural country; (1) commends the people and Government Whereas efforts by national and local offi- of Ukraine for their commitment to democ- speech last week, President Bush stat- cials and others acting at the behest of such racy and their determination to end the po- ed his unequivocal support for democ- officials to impose obstacles to free assem- litical crisis in that country in a peaceful racy and put securing individual free- bly, free speech, and a free and fair political and democratic manner; dom at the forefront of America’s for- campaign took place throughout Ukraine (2) congratulates the people and Govern- eign policy. I agree with the President. during the entire 2004 presidential election ment of Ukraine for ensuring a free and fair We must be prepared to play an active campaign without condemnation or remedial runoff presidential election which represents role in ensuring that democracy and action by the Government of Ukraine; the true choice of the Ukrainian people; basic freedoms are promoted and pre- Whereas on October 31, 2004, Ukraine held (3) congratulates Viktor Yushchenko on the first round of its presidential election his election as President of Ukraine; served around the world. and on November 21, 2004, Ukraine held a (4) applauds the Ukrainian presidential The future of Ukraine rests with its runoff presidential election between the two candidates, the European Union and other leaders and its people, but the United leading candidates, Prime Minister Viktor European representatives, and the United States and Europe must continue to Yanukovich and opposition leader Viktor States Government for the role they played support a foundation of democracy, Yushchenko; in helping to find a peaceful resolution of the rule of law, and a market economy, Whereas a consensus of Ukrainian and crisis; which will allow Ukraine to prosper international election observers determined (5) acknowledges and welcomes the strong that the runoff election did not meet a con- relationship formed between the United and reach its full potential. I urge my siderable number of international standards States and Ukraine and expresses its strong colleagues to lend their support to U.S. for democratic elections, and these observers and continuing support for the efforts of the policy in Ukraine and ask their support specifically declared that state resources Ukrainian people and the new Government of for this resolution.

VerDate jul 14 2003 04:59 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00132 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.123 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S505 NOTICES OF HEARINGS/MEETINGS and preamble be agreed to en bloc, the S. RES. 11 COMMITTEE ON ENERGY AND NATURAL motion to reconsider be laid upon the Whereas a decade ago, on January 24, 1995, RESOURCES table, and that any statements relating the Reverend Lloyd Ogilvie was elected by Mr. DOMENICI. Mr. President, I thereto be printed in the RECORD, with- the Senate as its 61st Chaplain; Whereas Reverend Lloyd Ogilvie is a friend would like to announce for the infor- out intervening action or debate. The PRESIDING OFFICER. Without and confidant to Senators, and to many staff mation of the Senate and the public members and Senate employees; that the following hearings have been objection, it is so ordered. Whereas Reverend Lloyd Ogilvie was al- scheduled before the Committee on En- The resolution (S. Res. 10) was agreed ways a soothing presence in a body whose ergy and Natural Resources to consider to. Members are sometimes at loggerheads; the President’s Proposed Budget for FY The preamble was agreed to. Whereas Reverend Lloyd Ogilvie is some- 2006 for the agencies and programs The resolution, with its preamble, one upon whom Democrats and Republicans, under the jurisdiction of this Com- reads as follows: men and women of different religious faiths, can count as a sympathetic and trusted advi- S. RES. 10 mittee: sor; and Tuesday, March 1 at 10 a.m., in Room Whereas Johnny Carson, a friend to the Whereas after the tragedy of September 11, SD–366—Department of the Interior. United States Senate, passed away January 2001, and until his retirement in 2003, we de- Wednesday, March 2 at 10 a.m., in 23, 2005; pended on him even more to strengthen our Room SD–366—Forest Service. Whereas Johnny Carson was a philan- spirit and help us find consolation in Scrip- Thursday, March 3 at 10 a.m., in thropist, friend, and favorite Nebraska na- ture: Now, therefore, be it Room SD–366—Department of Energy. tive son; Resolved, That the Senate honors the sig- Whereas Johnny Carson was born in Iowa, Because of the limited time available nificance of this 10-year anniversary by de- raised in Norfolk, Nebraska, and made fa- claring to the Reverend Lloyd Ogilvie that for the hearing, witnesses may testify mous in Hollywood as a late night friend to we remember his loving service to the Sen- by invitation only. However, those all of America; ate and this Country, and use this anniver- wishing to submit testimony for the Whereas Johnny Carson served in the sary to express our gratitude to him for his hearing send two copies of their testi- United States Navy as an ensign during ministry to the Senate family. mony to the Committee on Energy and World War II; f Natural Resources, U.S. Senate, SD–364 Whereas Johnny Carson late hosted ‘‘The COMMENDING THE UNIVERSITY OF Dirksen Senate Office Building, Wash- Tonight Show’’ for 30 years; Whereas Johnny Carson was best known as SOUTHERN CALIFORNIA TRO- ington, DC 20510–6150. America’s late night king of comedy; JANS FOOTBALL TEAM For further information, please con- Whereas Johnny Carson was one of the big- tact Carole McGuire at 202–224–0537. gest stars in Hollywood but never forgot his Mr. LUGAR. Mr. President, I ask unanimous consent that the Senate f roots; Whereas Johnny Carson was respected by proceed to the immediate consider- AUTHORITY FOR COMMITTEES TO his colleagues as a gentleman; and ation of S. Res. 12, submitted earlier MEET Whereas Johnny Carson was bright and today by Senators FEINSTEIN and COMMITTEE ON FINANCE witty, and always set the highest of stand- BOXER. Mr. LUGAR. Mr. President, I ask ards for his performances: Now, therefore, be The PRESIDING OFFICER. The unanimous consent that the Com- it clerk will report the resolution by Resolved, That the Senate— title. mittee on Finance be authorized to (1) mourns the loss of Johnny Carson; meet in open executive session during The assistant legislative clerk read (2) recognizes the contributions of Johnny as follows: the session on Tuesday, January 25, Carson to his home State of Nebraska; 2005, at 10 a.m., to organize for the (3) admires the sense of humor and late A resolution (S. Res. 12) commending the 109th Congress. The committee will night presence of Johnny Carson in homes in University of Southern California Trojans football team for winning the 2004 Bowl also consider favorably reporting the the United States for over 30 years; (4) expresses gratitude for the lifetime of Championship Series national championship nomination of Michael O. Leavitt, to game. be Secretary of Health and Human memories Johnny Carson provided; and (5) directs the Secretary of the Senate to The Senate proceeded to consider the Services. transmit an enrolled copy of this resolution resolution. The PRESIDING OFFICER. Without to the family of Johnny Carson. Mrs. FEINSTEIN. Mr. President, as a objection, it is so ordered. strong supporter of California’s college f f athletes, I rise today with Senator PRIVILEGE OF THE FLOOR BOXER in support of S. Res. 12 com- HONORING THE SERVICE OF mending the University of Southern Mr. CORNYN. Mr. President, I ask REVEREND LLOYD OGILVIE California Trojans football team for unanimous consent that Brian George, winning the 2004 Bowl Championship an intern in my office, be granted the Mr. LUGAR. Mr. President, I ask unanimous consent that the Senate Series national championship game. privileges of the floor for the duration No one who witnessed the Trojans de- of my remarks. now proceed to the consideration of S. Res. 11, submitted earlier today. cisive 55 to 19 victory over the Univer- The PRESIDING OFFICER. Without sity of Oklahoma in the FedEx Orange objection, it is so ordered. The PRESIDING OFFICER. The clerk will report the resolution by Bowl can deny that USC is the best col- f title. lege football team in the Nation. Led HONORING THE LIFE OF JOHNNY The assistant legislative clerk read by Head Coach Pete Carroll, the Tro- CARSON as follows: jans brought home their 11th national championship, their 22nd straight win, Mr. LUGAR. Mr. President, I ask A resolution (S. Res. 11) honoring the serv- and 27th victory in a bowl game, sec- ice of Reverend Lloyd Ogilvie. unanimous consent that the Senate ond all time to only the University of proceed to the immediate consider- There being no objection, the Senate Alabama. ation of S. Res. 10, submitted earlier proceeded to consider the resolution. Not even the most die-hard Trojan today by Senator NELSON of Nebraska. Mr. LUGAR. Mr. President, I ask fan could have anticipated such a win. The PRESIDING OFFICER. The unanimous consent that the resolution In addition to winning 13 games dur- clerk will report the resolution by be agreed to, the preamble be agreed ing the 2004 season for the first time in title. to, and the motion to reconsider be laid the history of the school, USC became The assistant legislative clerk read upon the table. the first team since the University of as follows: The PRESIDING OFFICER. Without Nebraska in 1994–1995 to repeat as Asso- A resolution (S. Res. 10) honoring the life objection, it is so ordered. ciated Press national champions and of Johnny Carson. The resolution (S. Res. 11) was agreed the second team to start and finish the There being no objection, the Senate to. season at number one in the Associated proceeded to consider the resolution. The preamble was agreed to. Press poll. As the number one team in Mr. LUGAR. Mr. President, I ask The resolution, with its preamble, the country, they took on the best and unanimous consent that the resolution reads as follows: they beat the best.

VerDate jul 14 2003 04:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00133 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.125 S25PT1 S506 CONGRESSIONAL RECORD — SENATE January 25, 2005 Every USC player deserves praise and championship in utterly convincing ern California enrolled copies of this resolu- recognition for their fine play on the fashion. tion for appropriate display; field, but I would like to particularly I would like to congratulate USC Mr. LUGAR. Mr. President, I suggest point out the accomplishments of President Steven B. Sample, Head the absence of a quorum. Heisman Trophy winner and Associated Coach Pete Carroll, and the Trojan The PRESIDING OFFICER. The Press Player of the Year, quarterback football team for an unforgettable sea- clerk will call the roll. Matt Leinert, who completed 18 of 35 son. The legislative clerk proceeded to passes for a total of 332 yards and set Mr. LUGAR. Mr. President, I ask call the roll. an Orange Bowl record with five touch- unanimous consent that the resolution Mr. LUGAR. Mr. President, I ask down passes. There were times when he and preamble be agreed to en bloc, the unanimous consent that the order for could do no wrong and his play re- motion to reconsider be laid upon the the quorum call be rescinded. minded me of a couple quarterbacks table, and that any statements relating The PRESIDING OFFICER. Without from my hometown team, the 49ers: thereto be printed in the RECORD, with- objection, it is so ordered. Joe Montana and Steve Young. out intervening action or debate. f Matt has also distinguished himself The PRESIDING OFFICER. Without UNANIMOUS CONSENT AGREE- by announcing that he would return to objection, it is so ordered. MENT—EXECUTIVE CALENDAR school for his senior year, foregoing an The resolution (S. Res. 12) was agreed opportunity to be the first pick in the to. Mr. LUGAR. Mr. President, I ask The preamble was agreed to. National Football League draft. I wish unanimous consent that immediately The resolution, with its preamble, following the vote on the Rice nomina- more college athletes would follow his reads as follows: lead. tion, the Senate remain in executive S. RES. 12 Ultimately, however, this was a team session and proceed to the consider- win featuring a high scoring offense Whereas the University of Southern Cali- ation of Calendar No. 5, the nomination fornia Trojans football team won the 2004 and a tenacious defense. USC ranked in of Jim Nicholson to be Secretary of Bowl Championship Series national cham- Veterans Affairs; provided further that the top 10 in every defensive category pionship game, defeating Oklahoma Univer- and set a school record by scoring at sity by a score of 55 to 19 in the FedEx Or- there be 30 minutes equally divided be- least 20 points in the last 38 games. ange Bowl at Pro Player Stadium in Miami, tween the chairman and ranking mem- Led by All-Americans Matt Leinert, Florida, on January 4, 2004; ber, and that at the expiration or yield- tailback Reggie Bush, defensive tackle Whereas the University of Southern Cali- ing back of time, the Senate proceed to Shaun Cody, and linebacker Matt fornia Trojans football team has won 11 na- a vote on the confirmation of the nomi- Grootegoed, USC brought much pride tional championships; nation, with no intervening action or to the University and the Pacific Ten Whereas the University of Southern Cali- debate; provided further that following fornia Trojans football team has won 34 Pa- the vote the President be immediately Conference. cific 10 conference championships; Legions of Trojan fans across the Whereas the University of Southern Cali- notified of the Senate’s action; pro- country celebrated the victory and fornia Trojans football team has won 27 bowl vided further that following that vote, have already made plans for a return games, only 2 games fewer than the Univer- the Senate proceed to the consider- trip to the championship game in 2005. sity of Alabama; ation of the nomination of Michael And anyone who has seen a USC Whereas the University of Southern Cali- Leavitt to be Secretary of Health and game over the past few years knows fornia Trojans football team won 13 games Human Services; that there be 2 hours that another championship run is a during the 2004 season for the first time in of debate equally divided between the strong possibility. the history of the school and became the chairman and ranking members or first team since the University of Nebraska Let me also take a moment to con- in 1994–1995 to repeat as Associated Press na- their designees, and that following the gratulate the University of Oklahoma tional champions and the second team to use or yielding back of that time, the Sooners for their great season. They start and finish the season at number 1 in Senate proceed to a vote on the con- were a worthy opponent and a credit to the Associated Press poll; firmation of the nomination, with no the University and their State. Whereas the University of Southern Cali- intervening action or debate. Years from now, as Americans en- fornia Trojans football team has won 22 con- Finally, I ask unanimous consent gage in one of their favorite pastimes secutive games; that the President then be notified of and debate the great college football Whereas the University of Southern Cali- the Senate’s action and the Senate fornia Trojans football team is ranked in the teams of all-time, the 2004 University top 10 in every defensive category; then resume legislative session. of Southern California Trojans will Whereas the University of Southern Cali- The PRESIDING OFFICER. Is there surely make the list. I congratulate fornia Trojans football team has set a school objection? the team once again for their incred- record by scoring at least 20 points in its last Without objection, it is so ordered. ible season and I look forward to 38 games; Mr. LUGAR. I thank the Chair. watching them make another run at a Whereas Head Coach Pete Carroll has a The PRESIDING OFFICER. The Sen- championship next year. record of 42 wins, 9 losses at the University ator from Illinois is recognized. Mrs. BOXER. Mr. President, I rise to of Southern California and is the second Uni- Mr. DURBIN. Mr. President, on our pay tribute to the outstanding accom- versity of Southern California coach to win back-to-back national championships; side, I ask unanimous consent that the plishments of the University of South- Whereas Heisman Trophy winner and Asso- time for debate on the Leavitt nomina- ern California football team. Earlier ciated Press Player of the Year, quarterback tion be divided as follows: Senator this month, the Trojans completed a Matt Leinart, completed 18 of 35 passes for a BAUCUS, 15 minutes; Senator DORGAN, perfect season by winning the Orange total of 332 yards and set an Orange Bowl 15 minutes; Senator STABENOW, 20 min- Bowl and their second consecutive na- record with 5 touchdown passes; utes; and Senator KENNEDY, 10 min- tional championship. Whereas tailback Reggie Bush was a utes. Last year, USC shared the champion- Heisman Trophy finalist and the winner of The PRESIDING OFFICER. Without ship after being excluded from the the Chic Harley award, presented annually to the College Football Player of the Year by objection, it is so ordered. Bowl Championship Series title game. the Touchdown Club of Columbus; and f This year, there was no doubt. The Whereas quarterback Matt Leinert, tail- APPOINTMENTS Trojans won all 13 of their games and back Reggie Bush, defensive tackle Shaun led both the Associated Press and the Cody, and linebacker Matt Grootegoed were The PRESIDING OFFICER. The USA Today/ESPN coaches polls from named to the Associated Press All-American Chair announces on behalf of the Com- the preseason through the bowl games. first team: Now, therefore, be it mittee on Finance, pursuant to section On Tuesday, January 4, they ended Resolved, That the Senate— 8002 of title 26, U.S. Code, the designa- the season with a bang. In a much-an- (1) commends the University of Southern tion of the following Senators as mem- California Trojans football team for winning ticipated meeting with second-ranked the 2004 Bowl Championship Series national bers of the Joint Committee on Tax- Oklahoma, the Trojans overwhelmed championship game; and ation: the Senator from Iowa, Mr. the Sooners by a score of 55–19 to win (2) directs the Secretary of the Senate to GRASSLEY; the Senator from Utah, Mr. the Orange Bowl and the national make available to the University of South- HATCH; the Senator from Mississippi,

VerDate jul 14 2003 04:24 Jan 26, 2005 Jkt 039060 PO 00000 Frm 00134 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JA6.052 S25PT1 January 25, 2005 CONGRESSIONAL RECORD — SENATE S507 Mr. LOTT; the Senator from Montana, vided under the previous order; pro- Following that vote, the Senate will Mr. BAUCUS; and the Senator from vided further that the vote occur on act on two additional Cabinet nomina- West Virginia, Mr. ROCKEFELLER. the Rice nomination at 11:30 a.m. with tions; Jim Nicholson to be Secretary of the debate prior to the 11:30 a.m. vote f Veterans Affairs and Michael Leavitt occurring in the following order: Sen- to be Secretary of Health and Human ORDERS FOR WEDNESDAY, ator LUGAR, Senator BIDEN, Senator Services. Under the agreement just en- JANUARY 26, 2005 BOXER, Senator BYRD, Senator REID, tered, we will require some time to de- Mr. LUGAR. Mr. President, I ask and Senator FRIST. bate each nomination, but rollcall unanimous consent that when the Sen- I further ask that the last 5 minutes votes will not be necessary. The Senate be reserved for Senator LUGAR or his ate completes its business today, it ad- may also act on other nominations designee. should they become available. journ until 9:30 a.m. on Wednesday, The PRESIDING OFFICER. Is there January 26. I further ask that following objection? the prayer and the pledge, the morning Without objection, it is so ordered. f hour be deemed to have expired, the f Journal of the proceedings be approved ADJOURNMENT UNTIL 9:30 A.M. to date, the time for the two leaders be PROGRAM TOMORROW reserved, that there then be a period of Mr. LUGAR. Mr. President, tomor- morning business equally divided until row, following morning business, the Mr. LUGAR. Mr. President, if there 10:30 a.m., with the first half of the Senate will resume debate on the nomi- is no further business to come before time under the control of the Demo- nation of Condoleezza Rice to be Sec- the Senate, I ask unanimous consent cratic leader or his designee, and the retary of State. Under the order, there that the Senate stand in adjournment remaining time under the control of will be 1 hour of debate on the nomina- under the previous order. Senator BROWNBACK or his designee; tion prior to the vote on confirmation. There being no objection, the Senate, provided that at 10:30 a.m. the Senate Again, the vote on the Rice nomination at 7:52 p.m., adjourned until Wednes- proceed to executive session, as pro- will occur at 11:30 a.m. day, January 26, 2005, at 9:30 a.m.

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