Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 108 CONGRESS, SECOND SESSION

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

Vol. 150 WASHINGTON, TUESDAY, JULY 6, 2004 No. 91 House of Representatives The House met at 2 p.m. and was last day’s proceedings and announces PRIVATE CALENDAR called to order by the Speaker pro tem- to the House his approval thereof. The SPEAKER pro tempore. This is pore (Mr. CULBERSON). Pursuant to clause 1, rule I, the Jour- Private Calendar Day. The Clerk will f nal stands approved. call the first individual bill on the Pri- f vate Calendar. DESIGNATION OF THE SPEAKER PRO TEMPORE PLEDGE OF ALLEGIANCE f The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Will the TANYA ANDREA GOUDEAU fore the House the following commu- gentleman from South Carolina (Mr. The Clerk called the bill (H.R. 530) nication from the Speaker: WILSON) come forward and lead the for the relief of Tanya Andrea WASHINGTON, DC, House in the Pledge of Allegiance. Goudeau. July 6, 2004. Mr. WILSON of South Carolina led the There being no objection, the Clerk I hereby appoint the Honorable JOHN Pledge of Allegiance as follows: read the bill as follows: ABNEY CULBERSON to act as Speaker pro tem- I pledge allegiance to the Flag of the H.R. 530 pore on this day. United States of America, and to the Repub- Be it enacted by the Senate and House of Rep- J. DENNIS HASTERT, lic for which it stands, one nation under God, resentatives of the United States of America in Speaker of the House of Representatives. indivisible, with liberty and justice for all. Congress assembled, f f SECTION 1. IMMEDIATE RELATIVE STATUS FOR PRAYER MESSAGE FROM THE SENATE TANYA ANDREA GOUDEAU. (a) IN GENERAL.—Tanya Andrea Goudeau The Chaplain, the Reverend Daniel P. A message from the Senate by Mr. shall be classified as a child under section Coughlin, offered the following prayer: Monahan, one of its clerks, announced 101(b)(1)(E) of the Immigration and Nation- Lord our God, having been refreshed that the Senate has passed with ality Act for purposes of approval of a rel- by the celebration of the independence amendments in which the concurrence ative visa petition filed under section 204 of of this Nation and having been renewed of the House is requested, bills of the such Act by her adoptive parent and the filing of an application for an immigrant visa in the spirit of those who planted the House of the following titles: or adjustment of status. seeds of liberty and equal justice in the H.R. 4200. An act to authorize appropria- (b) ADJUSTMENT OF STATUS.—If Tanya An- soul of America, let this summer ses- tions for fiscal year 2005 for military activi- drea Goudeau enters the United States be- sion of the 108th Congress of the United ties of the Department of Defense, for mili- fore the filing deadline specified in sub- States begin with Your blessing. tary construction, and for defense activities section (c), she shall be considered to have As Members return to Capitol Hill, of the Department of Energy, to prescribe entered and remained lawfully and shall, if fill this place with the divine vision of personnel strengths for such fiscal year for otherwise eligible, be eligible for adjustment the Armed Forces, and for other purposes. of status under section 245 of the Immigra- Ezekiel, the prophet. May this lofty H.R. 4613. An act making appropriations tion and Nationality Act as of the date of view shape our future. for the Department of Defense for the fiscal the enactment of this Act. On this day, may Your all-powerful year ending September 30, 2005, and for other (c) DEADLINE FOR APPLICATION AND PAY- hand come upon this Chamber and this purposes. MENT OF FEES.—Subsections (a) and (b) shall country, that the long-term building of The message also announced that the apply only if the petition and the application an everlasting city of truth and justice Senate has passed bills of the following for issuance of an immigrant visa or the application for adjustment of status are filed be realized. The dream of America, the titles in which the concurrence of the last best hope for the world, seems uto- with appropriate fees within 2 years after the House is requested: date of the enactment of this Act. pian only if we rely solely on ourselves S. 2401. An act to authorize appropriations (d) REDUCTION OF IMMIGRANT VISA NUM- or our own power. for fiscal year 2005 for military activities of BER.—Upon the granting of an immigrant But with You and in You all things the Department of Defense, to prescribe per- visa or permanent residence to Tanya An- are possible. So we place our trust in sonnel strengths for such fiscal year for the drea Goudeau, the Secretary of State shall You, Lord God. Help us build with Your Armed Forces, and for other purposes. instruct the proper officer to reduce by 1, for vision in mind, now and forever. Amen. S. 2402. An act to authorize appropriations the current or next following fiscal year, the for fiscal year 2005 for military construction, worldwide level of family-sponsored immi- f and for other purposes. grants under section 201(c)(1)(A) of the Immi- THE JOURNAL S. 2403. An act to authorize appropriations gration and Nationality Act. for fiscal year 2005 for defense activities of (e) DENIAL OF PREFERENTIAL IMMIGRATION The SPEAKER pro tempore. The the Department of Energy, and for other pur- TREATMENT FOR CERTAIN RELATIVES.—The Chair has examined the Journal of the poses. natural parents, brothers, and sisters of

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

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VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A06JY7.000 H06PT1 H5154 CONGRESSIONAL RECORD — HOUSE July 6, 2004 Tanya Andrea Goudeau shall not, by virtue Durreshahwar, Nida Hasan, Asna 201 of the Immigration and Nationality Act, of such relationship, be accorded any right, Hasan, Anum Hasan, and Iqra Hasan. Lindita Idrizi Heath shall be eligible for privilege, or status under the Immigration There being no objection, the Clerk issuance of an immigrant visa or for adjust- and Nationality Act. read the bill as follows: ment of status to that of an alien lawfully SEC. 2. ELIGIBILITY FOR CITIZENSHIP. admitted for permanent residence upon fil- H.R. 867 For purposes of section 320 of the Immigra- ing an application for issuance of an immi- tion and Nationality Act, Tanya Andrea Be it enacted by the Senate and House of Rep- grant visa under section 204 of that Act or Goudeau shall be considered to have satisfied resentatives of the United States of America in for adjustment of status to lawful permanent the requirements applicable to adopted chil- Congress assembled, resident. dren under section 101(b)(1) of such Act. SECTION 1. PERMANENT RESIDENT STATUS FOR DURRESHAHWAR DURRESHAHWAR, (b) ADJUSTMENT OF STATUS.—If Lindita The bill was ordered to be engrossed NIDA HASAN, ASNA HASAN, ANUM Idrizi Heath enters the United States before and read a third time, was read the HASAN, AND IQRA HASAN. the filing deadline specified in subsection (c), third time, and passed, and a motion to (a) IN GENERAL.—Notwithstanding sub- Lindita Idrizi Heath shall be considered to reconsider was laid on the table. sections (a) and (b) of section 201 of the Im- have entered and remained lawfully and migration and Nationality Act, shall, if otherwise eligible, be eligible for ad- f Durreshahwar Durreshahwar, Nida Hasan, justment of status under section 245 of the RICHI JAMES LESLEY Asna Hasan, Anum Hasan, and Iqra Hasan Immigration and Nationality Act as of the shall each be eligible for issuance of an im- date of enactment of this Act. The Clerk called the bill (H.R. 712) migrant visa or for adjustment of status to (c) DEADLINE FOR APPLICATION AND PAY- for the relief of Richi James Lesley. that of an alien lawfully admitted for perma- There being no objection, the Clerk MENT OF FEES.—Subsections (a) and (b) shall nent residence upon filing an application for apply only if the application for issuance of read the bill as follows: issuance of an immigrant visa under section an immigrant visa or the application for ad- H.R. 712 204 of such Act or for adjustment of status to justment of status is filed with appropriate Be it enacted by the Senate and House of Rep- lawful permanent resident. fees within 2 years after the date of enact- resentatives of the United States of America in (b) ADJUSTMENT OF STATUS.—If ment of this Act. Congress assembled, Durreshahwar Durreshahwar, Nida Hasan, Asna Hasan, Anum Hasan, or Iqra Hasan en- (d) REDUCTION OF IMMIGRANT VISA NUM- SECTION 1. PERMANENT RESIDENT STATUS FOR ters the United States before the filing dead- BERS.—Upon the granting of an immigrant RICHI JAMES LESLEY. visa or permanent residence to Lindita Idrizi (a) IN GENERAL.—Notwithstanding sub- line specified in subsection (c), she shall be considered to have entered and remained Heath, the Secretary of State shall instruct sections (a) and (b) of section 201 of the Im- the proper officer to reduce by one, during migration and Nationality Act, Richi James lawfully and shall, if otherwise eligible, be eligible for adjustment of status under sec- the current or next following fiscal year, the Lesley shall be eligible for issuance of an im- total number of immigrant visas that are migrant visa or for adjustment of status to tion 245 of the Immigration and Nationality Act as of the date of the enactment of this made available to natives of the country of that of an alien lawfully admitted for perma- birth of Lindita Idrizi Heath under section nent residence upon filing an application for Act. (c) DEADLINE FOR APPLICATION AND PAY- 203(a) of the Immigration and Nationality issuance of an immigrant visa under section MENT OF FEES.—Subsections (a) and (b) shall Act or, if applicable, the total number of im- 204 of such Act or for adjustment of status to apply only if the application for issuance of migrant visas that are made available to na- lawful permanent resident. tives of the country of birth of Lindita Idrizi (b) ADJUSTMENT OF STATUS.—If Richi an immigrant visa or the application for ad- Heath under section 202(e) of that Act. James Lesley enters the United States be- justment of status is filed with appropriate fore the filing deadline specified in sub- fees within 2 years after the date of the en- SEC. 2. ELIGIBILITY FOR CITIZENSHIP. section (c), he shall be considered to have enactment of this Act. (d) REDUCTION OF IMMIGRANT VISA NUM- For purposes of section 320 of the Immigra- tered and remained lawfully and shall, if oth- BER.—Upon the granting of an immigrant tion and Nationality Act (8 U.S.C. 1431; relat- erwise eligible, be eligible for adjustment of visa or permanent residence to ing to the automatic acquisition of citizen- status under section 245 of the Immigration Durreshahwar Durreshahwar, Nida Hasan, ship by certain children born outside the and Nationality Act as of the date of the en- Asna Hasan, Anum Hasan, and Iqra Hasan, United States), Lindita Idrizi Heath shall be actment of this Act. the Secretary of State shall instruct the considered to have satisfied the require- (c) DEADLINE FOR APPLICATION AND PAY- ments applicable to adopted children under MENT OF FEES.—Subsections (a) and (b) shall proper officer to reduce by 5, during the current or next following fiscal year, the total section 101(b)(1) of that Act (8 U.S.C. apply only if the application for issuance of 1101(b)(1)). an immigrant visa or the application for ad- number of immigrant visas that are made justment of status is filed with appropriate available to natives of the country of the SEC. 3. LIMITATION. fees within 2 years after the date of the en- aliens’ birth under section 203(a) of the Im- No natural parent, brother, or sister, if actment of this Act. migration and Nationality Act or, if applica- any, of Lindita Idrizi Heath shall, by virtue (d) REDUCTION OF IMMIGRANT VISA NUM- ble, the total number of immigrant visas of such relationship, be accorded any right, BER.—Upon the granting of an immigrant that are made available to natives of the privilege, or status under the Immigration visa or permanent residence to Richi James country of the aliens’ birth under section and Nationality Act. Lesley, the Secretary of State shall instruct 202(e) of such Act. the proper officer to reduce by 1, during the (e) DENIAL OF PREFERENTIAL IMMIGRATION The Senate bill was ordered to be current or next following fiscal year, the TREATMENT FOR CERTAIN RELATIVES.—The read a third time, was read the third total number of immigrant visas that are natural parents, brothers, and sisters of time, and passed, and a motion to re- made available to natives of the country of Durreshahwar Durreshahwar, Nida Hasan, consider was laid on the table. Asna Hasan, Anum Hasan, and Iqra Hasan the alien’s birth under section 203(a) of the The SPEAKER pro tempore. This Immigration and Nationality Act or, if appli- shall not, by virtue of such relationship, be cable, the total number of immigrant visas accorded any right, privilege, or status under concludes the call of the Private Cal- that are made available to natives of the the Immigration and Nationality Act. endar. country of the alien’s birth under section The bill was ordered to be engrossed 202(e) of such Act. and read a third time, was read the f (e) DENIAL OF PREFERENTIAL IMMIGRATION third time, and passed, and a motion to TREATMENT FOR CERTAIN RELATIVES.—The reconsider was laid on the table. natural parents, brothers, and sisters of ANNOUNCEMENT BY THE SPEAKER Richi James Lesley shall not, by virtue of f PRO TEMPORE such relationship, be accorded any right, LINDITA IDRIZI HEATH The SPEAKER pro tempore. Pursu- privilege, or status under the Immigration and Nationality Act. The Clerk called the Senate bill (S. ant to clause 4 of rule I, Speaker pro 103) for the relief of Lindita Idrizi ENCE The bill was ordered to be engrossed tempore P signed the following en- Heath. and read a third time, was read the rolled bill on Wednesday, June 30, 2004: There being no objection, The Clerk third time, and passed, and a motion to S. 2507, to amend the Richard B. Rus- read the Senate bill as follows: reconsider was laid on the table. sell National School Lunch Act and the S. 103 f Child Nutrition Act of 1966 to provide Be it enacted by the Senate and House of Rep- children with increased access to food DURRESHAHWAR DURRESHAHWAR, resentatives of the United States of America in and nutrition assistance, to simplify Congress assembled, NIDA HASAN, ASNA HASAN, program operations and improve pro- ANUM HASAN, AND IQRA HASAN SECTION 1. PERMANENT RESIDENT STATUS FOR LINDITA IDRIZI HEATH. gram management, to reauthorize The Clerk called the bill (H.R. 867) (a) IN GENERAL.—Notwithstanding section child nutrition programs, and for other for the relief of Durreshahwar 101(b)(1) and subsections (a) and (b) of section purposes.

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\A06JY7.003 H06PT1 July 6, 2004 CONGRESSIONAL RECORD — HOUSE H5155 COMMUNICATION FROM LEGISLA- porter of international terrorism, to- cluding under Spanish and German rule, fol- TIVE DIRECTOR OF HON. J. DEN- day’s Iraq, along with Afghanistan, lowed in the 20th century by Japanese rule NIS HASTERT, MEMBER OF CON- represents a beacon of hope in the Mid- under the League of Nations system for gov- GRESS dle East for freedom and democracy. ernance of territories; Whereas military activities of Imperial As the Iraqi people continue their The SPEAKER pro tempore laid be- Japan based in the Marshall Islands before fore the House the following commu- struggle for a better future, our brave and during Word War II established the stra- nication from Anthony Reed, legisla- men and women in uniform continue to tegic importance of the Marshall Islands in tive director of the Honorable J. DEN- work with Iraqi forces to hunt down the Pacific; NIS HASTERT, Member of Congress: and stop the depraved enemy who is Whereas the Marshall Islands were liber- desperate to stop the march for free- ated from Japanese military occupation in HOUSE OF REPRESENTATIVES, some of the most horrific battles of World Washington, DC, June 29, 2004. dom. In conclusion, may God bless our War II, during which brave Marshallese peo- Hon. J. DENNIS HASTERT, ple risked their lives to aid the Armed Speaker, House of Representatives, troops; and we will never forget Sep- Forces of the United States and its allies; Washington, DC. tember 11. Whereas in 1947 Congress approved a trust- DEAR MR. SPEAKER: This is to notify you f eeship agreement with the United Nations formally, pursuant to Rule VIII of the Rules Security Council under which the United of the House of Representatives, that I have SENATORS KERRY AND EDWARDS States became the administering power with been served with a criminal subpoena for tes- ARE OUT OF STEP WITH MOST plenary powers of government in the Mar- timony issued by the Superior Court of the AMERICANS shall Islands; District of Columbia. After consultation with the Office of Gen- (Mr. SMITH of Texas asked and was Whereas during the United Nations trust- eral Counsel, I have determined that compli- given permission to address the House eeship period the United States fulfilled its ance with the subpoena is consistent with for 1 minute and to revise and extend commitment to promote the progress of the the precedents and privileges of the House. his remarks.) Marshall Islands toward democratic self-gov- Sincerely, Mr. SMITH of Texas. Mr. Speaker, so ernment and self-determination, leading to the establishment of local self-government ANTHONY REED, Senator KERRY has picked Senator ED- Legislative Director. that culminated in a constitutional conven- WARDS as his running mate. That tion in which delegates representing the peo- f means the Senator with the most lib- ple of the Marshall Islands proposed that COMMUNICATION FROM STAFF AS- eral voting record has picked the per- they be constituted as a self-governing na- SISTANT OF HON. J. DENNIS son with the fourth most-liberal voting tion; HASTERT, MEMBER OF CON- record. That does not sound like main- Whereas in accordance with the enabling measures adopted by the United States as GRESS stream to me, and certainly their views do not represent the majority of the administering power of the Marshall Islands, The SPEAKER pro tempore laid be- which encouraged and fully supported the American people. fore the House the following commu- emergence of the Marshall Islands as a duly Both Senators KERRY and EDWARDS nication from Luke Hatzis, staff assist- constituted nation based on the freely ex- voted against the ban on partial birth pressed will of the people, in 1979 the people ant of the Honorable J. DENNIS abortion. Both have opposed all of the of the Marshall Islands adopted their own HASTERT, Member of Congress: recent tax relief legislation. constitution and subsequently declared their Hon. J. DENNIS HASTERT, Both Senators voted against sending form of government to be a republic; Speaker, House of Representatives, our troops in Iraq and providing them Whereas the Constitution of the Republic Washington, DC. with body armor, and both favor am- of the Marshall Islands established a par- DEAR MR. SPEAKER: This is to notify you liamentary governmental system with sepa- formally, pursuant to Rule VIII of the Rules nesty for illegal immigrants. ration of powers and a ‘‘Bill of Rights,’’ of the House of Representatives, that I have Mr. Speaker, Senators KERRY and guaranteeing democracy and freedom for the been served with a criminal subpoena for tes- EDWARDS are out of tune, out of line, Marshallese people based on the rule of law, timony issued by the Superior Court of the out of touch, and out of step with most limited government, and individual liberty; District of Columbia. Americans. Whereas the United States and the duly After consultation with the Office of Gen- constituted Government of the Republic of f eral Counsel, I have determined that compli- the Marshall Islands adopted a Compact of ance with the subpoena is consistent with ANNOUNCEMENT BY THE SPEAKER Free Association to define government-to- the precedents and privileges of the House. PRO TEMPORE government relations between the United Sincerely, States and the Marshall Islands as two sov- LUKE HATZIS, The SPEAKER pro tempore. Pursu- ereign nations under mutually agreed terms Staff Assistant. ant to clause 8 of rule XX, the Chair upon termination of the United Nations f will postpone further proceedings trusteeship for the Marshall Islands; today on motions to suspend the rules Whereas the promulgation of a national IRAQ BECOMES SOVEREIGN on which a recorded vote or the yeas constitution made possible the termination NATION AND U.S. ALLY and nays are ordered, or on which the of the United Nations trusteeship in 1986 and (Mr. WILSON of South Carolina vote is objected to under clause 8 of the emergence of the Republic of the Mar- asked and was given permission to ad- rule XX. shall Islands as a sovereign nation in free as- dress the House for 1 minute and to re- sociation with the United States under the RECORD votes on postponed questions Compact of Free Association, forming an al- vise and extend his remarks.) will be taken after 6:30 p.m. today. liance that preserves the close and special Mr. WILSON of South Carolina. Mr. f political, social, economic, and military re- Speaker, last week on June 28, Iraq be- RECOGNIZING THE MARSHALL lationship between the two countries that came a sovereign nation as control was developed during the trusteeship period; handed over from coalition forces to a ISLANDS Whereas the United States has no closer new Iraqi Government headed by Prime Mr. FLAKE. Mr. Speaker, I move to alliance with any nation or group of nations Minister Iyad Allawi and President suspend the rules and agree to the con- than it does with the Republic of the Mar- Ghazi al-Yawer. This is an extraor- current resolution (H. Con. Res. 410) shall Islands under the Compact of Free As- recognizing the 25th anniversary of the sociation, which continues the strategic dinary achievement for President partnership and role of the Marshall Islands George W. Bush, the American mili- adoption of the Constitution of the Re- in United States strategic programs based in tary, and our coalition partners. public of the Marshall Islands and rec- the Marshall Islands, which began at the end Despite attacks from political oppo- ognizing the Marshall Islands as a of World War II and has continued under the nents, President Bush firmly acted to staunch ally of the United States, com- trusteeship and Compact to promote the mu- protect American families from future mitted to principles of democracy and tual security of the United States and the terrorist attacks by liberating Iraq freedom for the Pacific region and Marshall Islands; from one of history’s most brutal dic- throughout the world, as amended. Whereas the Republic of the Marshall Is- The Clerk read as follows: lands is a model for transition of formerly tators. Today, only 15 months after the non-self-governing territory ravaged by war fall of Saddam Hussein’s regime, Iraq H. CON. RES. 410 to a sovereign political status as a stable de- has turned from an enemy to a devel- Whereas the Marshall Islands were ruled mocracy, a success story for institution oping democracy. No longer a sup- under a succession of colonial regimes, in- building and recovery from conflict not only

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.007 H06PT1 H5156 CONGRESSIONAL RECORD — HOUSE July 6, 2004 for the Pacific region but throughout the The people of the United States saw mental system with separation of pow- world; our shared ideals of freedom and de- ers and a bill of rights guaranteeing de- Whereas in light of the shared history of mocracy take root among our friends mocracy, freedom, and limited govern- the United States and the Republic of the in the Pacific; and when full sov- ment for the Marshallese people. Marshall Islands and special relations under the Compact of Free Association, it is en- ereignty followed in 1986, we gained a b 1415 stalwart ally in the community of na- tirely fitting for Congress to recognize the Mr. Speaker, I reserve the balance of 25th anniversary of the adoption of the Con- tions. stitution of the Republic of the Marshall Is- I commend this effort to commemo- my time. lands, recalling the importance of duly con- rate that event and our continuing alli- Mr. CLAY. Mr. Speaker, I yield my- stituted self-government in the self-deter- ance with the Republic of the Marshall self such time as I may consume. mination process leading to national sov- Islands, which deserves our unanimous Mr. Speaker, I rise in strong support ereignty for the Marshall Islands; and support. of this resolution and would first like Whereas the Republic of the Marshall Is- Mr. Speaker, I have had the oppor- to commend my colleague, the gen- lands has remained one of the staunchest al- tunity a couple of times now to visit tleman from Arizona (Mr. FLAKE), for lies of the United States during the cold war introducing this important measure as and the war on terrorism, and the voting the Marshall Islands, once years ago record of the Republic of the Marshall Is- and again this January, and to be able well as the gentleman from Illinois lands as a member state in the United Na- to visit with President Note and other (Chairman HYDE), and the ranking tions General Assembly is unparalleled by members of the Parliament and other member, the gentleman from Cali- any other country, further demonstrating ministers as well and to visit a couple fornia (Mr. LANTOS), for their strong the shared commitment of the two nations of the islands and to witness the friend- support for this resolution. to promote democracy and global peace: ship firsthand with the Marshallese Mr. Speaker, House Concurrent Reso- Now, therefore, be it people. lution 410 recognizes the 25th anniver- Resolved by the House of Representatives (the sary of the adoption of the Constitu- Senate concurring), That Congress— It is significant to note that nearly a (1) recognizes the 25th anniversary of the hundred Marshallese citizens have action of the Republic of the Marshall Is- adoption of the Constitution of the Republic tually been serving with our Armed lands. Given the extremely close bilat- of the Marshall Islands; and Forces in Iraq and other theatres of eral relationship between our two na- (2) recognizes the Republic of the Marshall war. They have been a very staunch tions and the important role played by Islands as a staunch ally of the United ally of ours, and I think it is also sig- the people of the Marshall Islands in States, committed to principles of democ- nificant to note that in the United Na- our Nation’s victory in World War II, it racy and freedom for the Pacific region and tions, the United States has no better is appropriate that we commemorate throughout the world. friend and ally than the Marshallese. this important day in the history of The SPEAKER pro tempore. Pursu- The Marshall Islands votes with the the Marshall Islands. ant to the rule, the gentleman from Ar- United States 99 percent of the time. The United States has no greater izona (Mr. FLAKE) and the gentleman That is something that is not shared friend in the Western Pacific than the from Missouri (Mr. CLAY) each will with any other country or nation. So government of the Marshall Islands. control 20 minutes. we owe a debt of gratitude to the The United States maintains an impor- The Chair recognizes the gentleman Marshallese people; and to recognize tant military facility at Kwajalein from Arizona (Mr. FLAKE). them for the adoption of their Con- Atoll, and young Marshallese men and GENERAL LEAVE stitution 25 years ago, I think, is a sig- women serve in the United States Mr. FLAKE. Mr. Speaker, I ask unan- nificant step. It means a lot to them, Armed Forces. The Marshall Islands imous consent that all Members may and it should mean a lot to us. has been a strong supporter of Amer- have 5 legislative days to revise and ex- There is also another reason that it ican policy at the United Nations and a tend their remarks and include extra- is important that we recognize the good friend to an embattled ally of the neous material on the concurrent reso- Marshall Islands for what they do and United States, the State of Israel. lution under consideration. have done for us in the past. Our nu- The Marshall Islands is also a strong The SPEAKER pro tempore. Is there clear testing dates back to the 1950s and flourishing democracy, having re- objection to the request of the gen- when we did Operation Bravo and in cently completed free and fair elec- tleman from Arizona? other operations where we tested nu- tions in 2003 for its legislature. In fact, There was no objection. clear devices, and the Marshallese peo- Members of Congress welcomed Mr. FLAKE. Mr. Speaker, I yield my- ple have cooperated and helped us in Marshallese President Kessai Note to self such time as I may consume. that regard for over a half century; and Washington, D.C. a few weeks ago. Mr. Speaker, the United States and for that we owe a debt of gratitude. President Note discussed the future of the Marshall Islands share deep bonds From the military base at Kwajalein, relations between the United States of history and friendship. We have en- I was able to see our base there and see and the Marshall Islands and the need joyed the uniquely close alliance over what we are currently doing today; and for the U.S. Congress to carefully ex- the past half century. The ties between it is a great operation there, and we amine the Changed Circumstances Pe- us stretch back to World War II when have the full cooperation of the tition submitted by the Marshall Is- we struggled together to liberate the Marshallese, which makes it much lands. Marshall Islands from Japanese occu- easier to accomplish what we need to. In short, Mr. Speaker, the Marshall pation. They have been a stable democracy Islands is a strong, democratic ally of During the intervening decades, in the Pacific for over 25 years, and the United States and a strategically these bonds of blood have grown into this is due in part to the fact that the important position. We must do all we an abiding alliance. The Congress re- United States during the U.N. trustee- can to further solidify relations be- affirmed that alliance late last year ship period fulfilled its commitment to tween our two nations. when we approved the amended Com- promote democratic self-government I urge my colleagues to support pact of Free Association between the and self-determination for the Mar- House Concurrent Resolution 410. United States and the Republic of the shall Islands. These efforts led to the Mr. Speaker, I yield such time as she Marshall Islands, which extended the establishment of local self-government, may consume to the gentlewoman from strategic and economic ties between and this culminated in a constitutional California (Ms. WATSON). our two countries. convention in which delegates rep- Ms. WATSON. Mr. Speaker, I thank When the Marshallese people adopted resenting the people of the Marshall Is- the gentleman for yielding me time. their Constitution in 1979, they formed lands proposed that they be con- Mr. Speaker, it brings me a great a democratic government, committed stituted as a self-governing nation. deal of fulfillment and joy to recognize to the rule of law and individual lib- This happened, and in 1979 the people the 25th anniversary of the adoption of erty. It was a critical development in of the Marshall Islands adopted their the Constitution of the Republic of the their transition from the U.S.-adminis- own Constitution and declared them- Marshall Islands. Given the extremely tered trust territory into a sovereign selves a republic. This Constitution es- close bilateral relationship between independent nation. tablished a parliamentary govern- our two nations, and the important

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A06JY7.022 H06PT1 July 6, 2004 CONGRESSIONAL RECORD — HOUSE H5157 role played by the people of the Mar- continued concern for the people of Ailuk Atoll with the United States in the pursuit of inter- shall Islands in our Nation’s victory in near which the United States tested the ther- national peace and security, the rights and World War II, it is appropriate that we monuclear weapon Bravo in 1954. The people well-being of the peoples of the world, and in commemorate this important day in of Ailuk and others still suffer from the fallout the War on Terror. I have been fortunate to the history of the Marshall Islands. of those tests. I support President Note in his have many great friends who hail from the On the personal side, I had the pleas- desire to have the people of Ailuk receive the Marshall Islands, and I will never forget the ure to be the Ambassador to Micro- support and assistance they badly need. openness and kindness with which I was re- nesia. As you know, Micronesia and the Mr. Speaker, this is worthy resolution, which ceived. I congratulate the people of the Mar- Marshall Islands are right in the same is deserving of all our support and I urge all shall Islands on the 25th Anniversary of their region, and the islands of Micronesia my colleagues to support its passage. And I Constitution; and I commend them for the un- are under a Compact of Mutual Agree- look forward to the continued friendship of the dying commitment to democracy and freedom. ment, as are the Marshall Islands. As United States and the Republic of the Marshall The United States is fortunate to have such a they work their way into the 21st cen- Islands. loyal friend and ally in the Pacific region. I look tury, it is with our support as they Mr. BURTON of Indiana. Mr. Speaker, I rise forward to a long and mutually beneficial rela- build their democracy in islands that today to recognize the 25th anniversary of the tionship between our two great Nations for are thousands of miles away. We can be adoption of the Constitution of the Republic of many more years to come. proud of the relationship we have had the Marshall Islands, and to pay tribute to a Mr. ABERCROMBIE. Mr. Speaker, through- with them for the past 20 years as they staunch ally of the United States and a people out my tenure in Congress, I have worked build their nations into a brighter, committed to the principles of democracy and closely with the Republic of the Marshall Is- more prosperous future. freedom for all people of the Pacific region lands (RMI) on many issues arising in the Pa- Mr. CLAY. Mr. Speaker, I have no and the world. cific region. The RMI has always been, and further requests for time, and I yield It is perhaps fitting that on May 29, 2004, continues to be, a great ally of the United back the balance of my time. America dedicated the National World War II States and is dedicated to international peace Mr. FLAKE. Mr. Speaker, I yield my- Memorial in recognition of the duty, sacrifices, and freedom. Therefore, I rise today in support self such time as I may consume. and valor of the members of the Armed of H. Con. Res. 410. Mr. Speaker, I appreciate the gentle- Forces of the United States who served in By the beginning of the 1900’s, the RMI was man’s comments and just to say again World War II. The beginnings of our Nation’s annexed by Spain, Germany, and Japan. In that we had the opportunity, myself close relationship with the people of the Mar- 1934, the Allied invasion and occupation of and the gentleman from California shall Islands are deeply rooted in that titanic the RMI began. In 1947, the RMI became one (Chairman POMBO) of the Committee struggle. In 1944, risking their lives to aid the of six entities in the Trust Territory of the Pa- on Resources, to travel with Secretary Armed Forces of the United States and our Al- cific Islands established by the United Nations Gale Norton, Secretary of the Interior, lies, the Marshallese people joined with the with the United States as the Trustee. to the Marshall Islands earlier this U.S. to liberate the Marshall Islands from Jap- Throughout all these years of being occupied, year, and were able to meet with the anese military rule. Some of the most horrific the people of RMI never lost their self-identity President and others. I know they ap- battles of World War II occurred on the Mar- or hope for their own country. This hope grew preciate this gesture, and we have no shall Islands before the Japanese military oc- in the decades after World War II as a local greater friend than the Marshall Is- cupation was finally put to an end. The mo- form of self-government was established. This lands. mentous events brought together the people led to the convening of a constitutional con- Mrs. CHRISTENSEN. Mr. Speaker, I rise of these two great lands in a common bond vention. today in strong support of H. Con. Res. 410, that has resulted in more than five decades of In 1979, the people of the RMI adopted a to recognize the 25th anniversary of the Con- friendship and strategic solidarity between the constitution and chose their form of govern- stitution of the Republic of the Marshall Is- Marshall Islands and the U.S. That relation- ment, a republic. With separation of powers lands and that the Marshall Islands is a ship is as strong today as it ever was. and a Bill of Rights listing guaranteed rights, staunch ally of the United States. I want to Comprising 30 atolls and 1,152 islands, the the RMI is based on the same principals and begin by commending my friend, the Gen- Republic of the Marshall Islands represents a freedoms that the United States was founded tleman from Arizona Mr. FLAKE, for his leader- total land mass that is almost equivalent in on hundreds of years ago. Similar to our ship in introducing this worthwhile resolution of size to Washington, D.C., but covers roughly founding, it was the will of the people driving which I am an original cosponsor. 770,000 square miles of the western Pacific the process and making the decisions. The Republic of the Marshall Islands suf- Ocean. Unfortunately, due to the vastness of The RMI is now a sovereign nation. As a fered for 400 years under the colonial regimes the world’s largest ocean, and the distance sovereign nation, the RMI has aligned itself of Spain and Germany. In the 20th century, between us, the culture, history, and people of closely with the U.S., particularly in a number under the League of Nations system for gov- the Marshall Islands are largely unknown to of defense and strategic issues. Recently, we ernance of territories, Japan governed the most Americans, except perhaps as the place have renewed our mutually beneficial relation- Marshall Islands. During World War II, the where the United States tested more than 67 ship by reauthorizing the Compact of Free As- Marshall Islands were liberated from Japanese nuclear weapons during the development of sociation. This has guaranteed that our alli- rule through the cooperation between the our Nation’s strategic arsenal. Although that ance will continue for another 15 years. Marshallese people and the Armed Forces of testing left a legacy that we continue to ad- I urge my colleagues to join me in sup- the United States. dress to this day, it would prove critical to the porting this resolution and recognize the 25th In a 1947 agreement between Congress success of our country during the Cold War. anniversary of the adoption of RMI’s constitu- and the United Nations Security Council, the The United States nuclear testing program tion. Their commitment and dedication to United States assumed trusteeship of the Mar- put the people of these remote islands on the peace and democracy should be commended. shall Islands. During the period from 1947 to front line in the Cold War struggle to preserve Mr. FLAKE. Mr. Speaker, I yield 1979, the United States promoted democratic international peace, promote nuclear disar- back the balance of my time. self-government and self-determination in the mament, support nuclear nonproliferation, and The SPEAKER pro tempore (Mr. Marshall Islands. In 1979, the Marshall Islands provide facilities critical to the development of CULBERSON). The question is on the mo- adopted their own constitution and declared a deployable missile defense system. The tion offered by the gentleman from Ar- themselves the Republic of the Marshall Is- hardships and suffering endured by Marshall izona (Mr. FLAKE) that the House sus- lands. Island citizens during the testing program di- pend the rules and agree to the concur- Since that time, the Republic of the Marshall rectly contributed to the positive and peaceful rent resolution, H. Con. Res. 410, as Islands has proved itself a staunch ally of the end to the Cold War. Their importance to the amended. United States and a model for transition from emergence of democracy across the globe The question was taken. a non-self-governing territory ravaged by war cannot be understated. The people of the The SPEAKER pro tempore. In the to a stable and democratic example of institu- United States, and indeed the entire Free opinion of the Chair, two-thirds of tion building for the Pacific region and the rest World, owe the people of the Marshall Islands those present have voted in the affirm- of the world. an enormous debt of gratitude for their sac- ative. On June 17, 2004, President of the Repub- rifices. Mr. FLAKE. Mr. Speaker, on that I lic of the Marshall Islands, Kessai Note wrote The Republic of the Marshall Islands has an demand the yeas and nays. to U.S. Senator DANIEL AKAKA expressing his unmatched record of working in conjunction The yeas and nays were ordered.

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.011 H06PT1 H5158 CONGRESSIONAL RECORD — HOUSE July 6, 2004 The SPEAKER pro tempore. Pursu- (2) by adding at the end the following new standing and productivity through the ant to clause 8 of rule XX and the subsection: exchange of information, ideas and per- Chair’s prior announcement, further ‘‘(b) ENHANCED ENDOWMENT.—In addition to spectives among emerging leaders the amount initially appropriated pursuant proceedings on this motion will be to the authorization of appropriation under throughout the world. This is impor- postponed. subsection (a), there is authorized to be ap- tant and useful to our future as a mem- f propriated to the Eisenhower Exchange Fel- ber of the globalized society. lowship Program Trust Fund $12,500,000 for I urge my colleagues to support this MESSAGE FROM THE PRESIDENT fiscal year 2004.’’. resolution. A message in writing from the Presi- The SPEAKER pro tempore. Pursu- Mr. Speaker, I reserve the balance of dent of the United States was commu- ant to the rule, the gentleman from Ar- my time. nicated to the House by Ms. Wanda izona (Mr. FLAKE) and the gentleman Mr. CLAY. Mr. Speaker, I yield my- Evans, one of his secretaries. from Missouri (Mr. CLAY) each will self such time as I may consume. f control 20 minutes. Mr. Speaker, I rise in strong support of this legislation and I urge my col- EISENHOWER EXCHANGE FELLOW- The Chair recognizes the gentleman from Arizona (Mr. FLAKE). leagues to do so as well. This legisla- SHIP PROGRAM TRUST FUND EN- tion reauthorizes an important public HANCEMENT ACT OF 2003 GENERAL LEAVE Mr. FLAKE. Mr. Speaker, I ask unan- diplomacy program named after our Mr. FLAKE. Mr. Speaker, I move to imous consent that all Members may 34th President, Dwight D. Eisenhower. suspend the rules and pass the bill have 5 legislative days within which to The Eisenhower Fellowship Program, (H.R. 2121) to amend the Eisenhower revise and extend their remarks and in- funded by both the private and public Exchange Fellowship Act of 1990 to au- clude extraneous material on H.R. 2121. sectors, has made an enduring con- thorize additional appropriations for The SPEAKER pro tempore. Is there tribution to international under- the Eisenhower Exchange Fellowship objection to the request of the gen- standing and furthering U.S. interests Program Trust Fund, and for other tleman from Arizona? around the globe by promoting inter- purposes. There was no objection. national understanding through the ex- The Clerk read as follows: Mr. FLAKE. Mr. Speaker, I yield my- change of information, ideas and per- H.R. 2121 self such time as I may consume. spectives among emerging leaders Be it enacted by the Senate and House of Rep- Mr. Speaker, on behalf of the gen- worldwide. It brings rising foreign lead- resentatives of the United States of America in tleman from Illinois (Chairman HYDE) I ers to the United States and sends Congress assembled, am pleased to speak to a bill intro- their American counterparts abroad, SECTION 1. SHORT TITLE. duced by the distinguished gentleman with a custom designed program for This Act may be cited as the ‘‘Eisenhower from Kansas (Mr. TIAHRT). The meas- each participant. Exchange Fellowship Program Trust Fund Mr. Speaker, since its inception, over Enhancement Act of 2003’’. ure authorizes an increase in the Eisen- 1,500 fellows have become alumni of the SEC. 2. FINDINGS. hower Fellows Trust Fund that was es- Congress finds the following: tablished in 1992. The proceeds of this program. Among them are four heads (1) 2003 marks the 50th anniversary of the trust fund finance this well-respected of government and 100 cabinet-level ap- establishment of the Eisenhower Exchange exchange program. The increase will be pointees. Numerous fellows have be- Fellowship program. directed towards programs in the Mid- come ambassadors, legislators, univer- (2) The Eisenhower Exchange Fellowship dle East. sity presidents, supreme court judges program was founded to honor the 34th The Eisenhower Fellowships is a non- and governors. They head major cor- President, Dwight D. Eisenhower, for his partisan, nonprofit organization cre- porations and nonprofit organizations character, courage, patriotism, and commit- ated in 1953 to honor President Eisen- involving health, environment and cul- ment to international understanding through exchange. hower. Eisenhower Fellowships pro- ture. (3) Over the past 50 years the Eisenhower mote international understanding and Mr. Speaker, this is the type of pro- Exchange Fellowship program has exposed productivity through the exchange of gram that must be continued if we are thousands of leaders throughout the world to information and ideas among emerging going to try to improve our stature the values of American political institu- leaders throughout the world. The pro- around the world and to change the tions, private sector commerce, educational gram brings rising leaders from other misunderstandings that are being prop- opportunities, and cultural and societal tra- countries to the United States and agated by those who do not understand ditions. sends American counterparts abroad our great Nation. (4) Eisenhower Exchange Fellows world- Indeed, we must increase these types wide have assumed positions of leadership in with a custom designed program for their respective countries, whether in the each participant. of programs if we are going to start to fields of government, industry, or civil soci- The fellowship program seeks to cre- make inroads on the increasingly nega- ety, and they retain links to the United ate a network of leaders whose ties to tive view of the United States that has States through their membership in Eisen- one another and the United States may been growing over the past 2 years. hower Exchange Fellowships. foster peace, productivity and progress. Recognizing this need, the Eisenhower (5) The Eisenhower Exchange Fellowship is This is accomplished by creating pro- program is developing an expanded pro- developing a new program to broaden its geo- grams that enhance the capacities of gram for Middle East and the Arab graphic base to emphasize the relationship of world. the United States with the Arab world. men and women leaders likely to have (6) Congress has previously recognized the an impact on their nation’s develop- Mr. Speaker, I strongly support pas- importance of the work of the Eisenhower ment. Programs are designed to build sage of this legislation, and urge my Exchange Fellowship program when it grant- on the individual’s professional skills colleagues to do so as well. ed the program a Federal Charter under sec- as well as develop contacts within the Mr. TIAHRT. Mr. Speaker, I rise in support tion 3(a) of Public Law 101–454. United States. These experiences are of H.R. 2121—the Eisenhower Exchange Fel- (7) The Eisenhower Exchange Fellowship is devoted to the growth of the individual lowship Trust Fund Enhancement Act. The Ei- one of the best examples of public and pri- Fellows, to the advancement of their senhower Exchange Fellowship honors former vate partnerships. President Dwight D. Eisenhower for his char- (8) Additional resources are required to effectiveness as leaders, and to their achieve the goals and objectives of the Ei- ability to contribute to progress and acter, courage and patriotism in both times of senhower Exchange Fellowship program in reconciliation among diverse groups. war and peace. Its programs are designed to the 21st century. The advantage to the United States advance international understanding by pro- SEC. 3. AUTHORIZATION OF ADDITIONAL APPRO- in such interaction affords our citizens viding opportunities to emerging world leaders; PRIATIONS FOR THE EISENHOWER the opportunity to understand the exposing them to diverse experiences. Each EXCHANGE FELLOWSHIP PROGRAM aims, achievements and problems of year the program attracts approximately 45 TRUST FUND. Section 5 of the Eisenhower Exchange Fel- different countries through meeting leaders to the United States from countries lowship Act of 1990 (Public Law 101–454; 20 proven young leaders of these coun- around the world. Eisenhower Fellowships U.S.C. 5204) is amended— tries. spend two months studying, learning and par- (1) by striking ‘‘To provide’’ and inserting In closing, the Eisenhower Fellow- ticipating in democratic institutions at all levels ‘‘(a) INITIAL ENDOWMENT.––To provide’’; and ships promote international under- of government.

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4634 Sfmt 9920 E:\CR\FM\K06JY7.012 H06PT1 July 6, 2004 CONGRESSIONAL RECORD — HOUSE H5159 President Eisenhower believed that in- AUGUST 15, 2003. S. Cottage Grove Avenue in Chicago, formed professionals have the best oppor- Hon. DENNIS J. HASTERT, Illinois, as the ‘‘James E. Worsham tunity to create international trust and coopera- Speaker, U.S. House of Representatives, Post Office’’ and the ‘‘James E. Washington, DC. tion. Eisenhower Fellowships has followed this Worsham Carrier Annex Building’’, re- DEAR MR. SPEAKER: I learned recently that vision. Since its founding in 1953 by private the entire Kansas delegation joined together spectively, and for other purposes. citizens, Eisenhower Fellowships has built up on May 15th as original co-sponsors of H.R. The Clerk read as follows: a distinguished alumni body of over 1,300 2121—The Eisenhower Exchange Fellowship H.R. 3340 alumni in over 100 countries. There are 4 Trust Fund Enhancement Act. The purpose Be it enacted by the Senate and House of Rep- heads of state and over 100 cabinet appoint- of the bill is to increase the Federal Trust resentatives of the United States of America in ments among them. Fund established by Congress that assists in Congress assembled, funding the work of the Eisenhower Fellow- SECTION 1. JAMES E. WORSHAM POST OFFICE. During its first 50 years, Eisenhower Fellow- ships program. I commend Congressman Tod (a) REDESIGNATION.—The facility of the ships has proven the validity and impact of its Tiahrt for taking the lead on introducing United States Postal Service located at 7715 founding vision to bring together young lead- this legislation and encourage you to work S. Cottage Grove Avenue in Chicago, Illinois, ers from all over the world to pursue our mis- with him in getting this bill enacted into shall be known and designated as the ‘‘James sion, as Eisenhower saw it, of peace through law. E. Worsham Post Office’’. As the current Chairman of Eisenhower (b) REFERENCES.—Any reference in a law, understanding. On October 3rd, 2003 Dr. Fellowships, I can attest to the need for in- map, regulation, document, paper, or other Henry Kissinger, Chairman of the Eisenhower creased Federal support. The organization is record of the United States to the facility re- Exchange Fellowship, presented the Eisen- funded by a mix of private and Federal funds. ferred to in this section shall be deemed to hower Medal for Leadership and Service to Congress granted a Federal charter in 1990 be a reference to the James E. Worsham Post former Eisenhower Exchange Fellowship (PL 101–454) and created a permanent trust Office. Chairman and President George H.W. Bush. fund to assist the fellowship program. The SEC. 2. JAMES E. WORSHAM CARRIER ANNEX initial trust fund authorization has not in- BUILDING. The tragedy of September 11th and the creased in over thirteen years. Although we (a) REDESIGNATION.—The facility of the subsequent evidence of deep international have steadily increased the levels and pro- United States Postal Service located at 7748 hatreds and misunderstanding have dem- portion of our private funding, demand for S. Cottage Grove Avenue in Chicago, Illinois, onstrated that Eisenhower Fellowships’ core our programs has increased far more rapidly shall be known and designated as the ‘‘James mission is even more relevant now than it was than our resources. This has been especially E. Worsham Carrier Annex Building’’. true since September 11, 2001, an event that (b) REFERENCES.—Any reference in a law, in 1953. Since September 11th, almost daily strongly underlined the urgency of our mis- map, regulation, document, paper, or other headlines have provided further evidence of sion: building understanding and progress record of the United States to the facility re- deep rifts along with misunderstanding and vi- through dialogue among leaders from around ferred to in this section shall be deemed to olence; conditions analogous to those that led the world. Now in its fiftieth year of success- be a reference to the James E. Worsham Car- to the creation of Eisenhower Fellowships 50 ful operations, Eisenhower Fellowships re- rier Annex Building. years ago. mains committed to this original goal and The SPEAKER pro tempore. Pursu- poised to make a larger contribution. ant to the rule, the gentlewoman from For Eisenhower Fellowships to continue to I therefore ask for your support of the Ei- Michigan (Mrs. MILLER) and the gen- have a meaningful impact globally, a signifi- senhower Exchange Fellowship Program tleman from Missouri (Mr. CLAY) each cant expansion of its programs is imperative. Trust Fund Enhancement Act of 2003 by scheduling this bill as soon as possible after will control 20 minutes. World population has grown from 2.7 billion in The Chair recognizes the gentle- 1953 to well over 6 billion; and there are now Congress returns from the August break. The woman from Michigan (Mrs. MILLER). 192 independent nations versus a few dozen timing of this is critical to me and to all the supporters of the Eisenhower Fellowships, GENERAL LEAVE when Eisenhower Fellowships was founded. since I will be chairing its 50th Anniversary Mrs. MILLER of Michigan. Mr. The Eisenhower Exchange Fellowship is Board meeting on October 3, 2003, and pre- Speaker, I ask unanimous consent that funded by a mix of private and Federal funds. senting the Eisenhower Medal for Leadership all Members may have 5 legislative Congress granted a Federal charter in 1990 and Service to former President George H.W. days within which to revise and extend (P.L. 101–454) and created a permanent trust Bush—my predecessor as Chairman of Eisen- hower Fellowships. The Congressional ex- their remarks and include extraneous fund to assist the fellowship program. The ini- pression of support for our mission by enact- material on H.R. 3340. tial trust fund authorization has not increased ing this bill into law will be a key factor in The SPEAKER pro tempore. Is there in over fourteen years while demands on the strengthening this very fine example of pub- objection to the request of the gentle- program have increased substantially. This is lic/private endeavor in a mission critical to woman from Michigan? a fitting time to recognize the commitment of the U.S. national interest. There was no objection. the program to its original goals and to in- Sincerely, Mrs. MILLER of Michigan. Mr. crease trust fund investments. Under its fed- HENRY A. KISSINGER. Speaker, I yield myself such time as I eral charter, funds deposited into the trust Mr. CLAY. Mr. Speaker, I have no may consume. fund remain in the United States Treasury and further requests for time, and I yield Mr. Speaker on behalf of the Com- are invested in governmental securities. Only back the balance of my time. mittee on Government Reform, I rise proceeds from the trust fund are appropriated Mr. FLAKE. Mr. Speaker, I yield in support of H.R. 3340. This bill redes- to the Fellowship for operations. H.R. 2121 back the balance of my time. ignates two postal facilities in Chi- would increase trust fund assets by $12.5 mil- The SPEAKER pro tempore. The cago, Illinois, as the James E. lion. This is essential as the Eisenhower Ex- question is on the motion offered by Worsham Post Office and the James E. change Fellowship is advancing plans for a the gentleman from Arizona (Mr. Worsham Carrier Annex Building, re- major new initiative with key countries in the FLAKE) that the House suspend the spectively. My esteemed colleague, the Middle East; including Egypt, Jordan and rules and pass the bill, H.R. 2121. gentleman from Chicago, Illinois, in- Saudi Arabia. The question was taken; and (two- troduced this legislation and all mem- thirds having voted in favor thereof) bers of the Illinois State Congressional Near the end of his first inaugural address, the rules were suspended and the bill delegation have cosponsored this bill. I President Eisenhower said, it is ‘‘our hope, was passed. share their support of H.R. 3340, and I and our belief, that we can help to heal this di- A motion to reconsider was laid on urge all of my colleagues to likewise vided world.’’ That faith in the ability of Amer- the table. support this bill. ica to help bring peace and justice to the f James Worsham was a native of Chi- world was a fundamental part of Dwight Eisen- cago and enjoyed an admired career as hower. It is fitting that 50 years later the Ei- JAMES E. WORSHAM POST OFFICE a letter carrier and a leader of a postal senhower Exchange Fellowship is still pro- AND JAMES E. WORSHAM CAR- employees union. After bravely serving moting these values and ideas in the name of RIER ANNEX BUILDING our Nation for 4 years, Worsham began President Dwight David Eisenhower. Mrs. MILLER of Michigan. Mr. his postal career as a letter carrier in I support H.R. 2121 and commend the Speaker, I move to suspend the rules 1963. He ultimately joined the National Committee for bringing this critical bill to the and pass the bill (H.R. 3340) to redesig- Association of Letter Carriers and he floor honoring an outstanding President and a nate the facilities of the United States rose to the ranks of Branch President great Kansan. Postal Service located at 7715 and 7748 and National Trustee.

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A06JY7.024 H06PT1 H5160 CONGRESSIONAL RECORD — HOUSE July 6, 2004 Today, we honor Mr. Worsham’s sus- ter of fact, the Chicago local has a bevy the city of Chicago, the actual air tem- tained diligence within the postal com- of activities in which they are con- perature reached 27 degrees below zero; munity. stantly involved, not only in terms of and Mr. Worsham, a new letter carrier, Mr. Speaker, again I urge support of protecting the rights and privileges of having no experience as a letter car- H.R. 3340. union members but also being greatly rier, was sent out into the elements to Mr. Speaker, I reserve the balance of involved in civic, community, and pub- deliver the mail. It was his first day, my time. lic interest activity. and he was not appropriately dressed Mr. CLAY. Mr. Speaker, I yield my- Mr. Worsham has been honored by for the prolonged exposure to the se- self such time as I may consume. his local union. As a matter of fact, vere weather conditions in Chicago; Mr. Speaker, as a member of the they have actually renamed the union and as a result, he suffered extreme Committee on Government Reform, I hall the James Worsham Union Hall, frost bite to his ears. Undaunted by am pleased to join my colleague the and now with redesignating these post- this initial experience, he returned to gentlewoman from Illinois (Mrs. MIL- al facility buildings. He had actually work the next day and adhered to the LER) in the consideration of H.R. 3340, retired from local leadership, became a literal meaning of a carrier’s creed: legislation redesignating the Grand national employee of the union, and neither rain nor snow, heat nor cold, Crossing Postal Station in Chicago, Il- then came back and was petitioned by nor frost-bitten ears shall stay a car- linois, after James E. Worsham. his members to run again after having rier from his appointed rounds. b 1430 been away from the union for a number Mr. Speaker, Mr. Worsham’s cowork- of years in terms of local leadership. ers were first to recognize his leader- This measure, which was introduced So I commend my colleague, the gen- ship skills and his fiery and staunch by the gentleman from Illinois (Mr. tleman from Illinois (Mr. RUSH), for determination to get the work done. RUSH) on October 20, 2003, was unani- having the foresight and understanding Because of this, his coworkers elected mously reported by our committee on of how we recognize someone who has him to become their shop steward, and June 24, 2004. H.R. 3340 enjoys the sup- given practically all of their adult life Mr. Worsham continued to climb the port and cosponsorship of the entire Il- to a movement. So I am pleased to join professional and leadership ladder. He linois delegation. in support of this resolution. I urge its held numerous high-profile positions Mr. Worsham, a native of Chicago, passage. I want to commend Mr. such as sergeant at arms, auditor and began his postal career in 1963 as a let- Worsham for an outstanding career as chief steward for Branch 11. In January ter carrier assigned to the Grand Cross- a postal worker, a union leader, and as of 1979, while holding these positions, ing Postal Station. His hard work and a great American. he ran for the president of Branch 11 dedication was quickly noticed by his Mr. CLAY. Mr. Speaker, I yield 5 and won overwhelmingly. coworkers, and he was drafted to be- minutes to the gentleman from Illinois Mr. Speaker, as president, his skills come shop steward. From that point (Mr. RUSH). became known throughout the Nation on, Mr. Worsham was a man on the Mr. RUSH. Mr. Speaker, I want to and the national president of the asso- move. His leadership qualities were thank the gentleman from Missouri for ciation recruited him to become a na- recognized not only by his coworkers yielding me this time. tional trustee at the same time that he but from the branch president and oth- I certainly want to also thank my maintained his position as president of ers in the local National Association of colleague, the gentleman from the ad- Branch 11. Letter Carriers’ office. Mr. Worsham joining district in Illinois (Mr. DAVIS), was subsequently slated to run for the for his kind remarks, his gracious com- Upon retirement, Mr. Worsham did sergeant at arms position. He later be- ments on this resolution, and for all not stop there, nor did he slow down. came an auditor and chief steward for that he does for the entire State of Illi- He became director of Retired Members Branch 11. nois and the Nation, particularly for for the Letter Carriers here in Wash- A career milestone occurred in 1979 the 7th Congressional District. ington, D.C. for the last 4 years. Mr. when Mr. Worsham was elected presi- Additionally, Mr. Speaker, I want to Worsham continues to fight for the dent of Branch 11. He served in that po- thank the gentlewoman from Virginia rights of postal employees, and he con- sition until his retirement. Upon his (Mrs. JO ANN DAVIS) and others for tinues to ensure that the public re- retirement, President Worsham be- their efforts in bringing this legislation ceives the services that they are enti- came director of Retired Members for to the floor today. I owe a great debt of tled to. NALC, a position he held here in the gratitude to the entire Illinois delega- Mr. Speaker, again, I believe that Nation’s Capital. He later returned to tion for their cosponsorship of this this legislation is a fitting tribute to Chicago to serve again as president of worthy piece of legislation. Mr. James Worsham, and I strongly en- Branch 11. Mr. Speaker, I am honored to rise in courage my colleagues to support H.R. Mr. Speaker, I commend my col- support of H.R. 3340, a bill that I intro- 3340. league, the gentleman from Illinois duced back in September of last year, Mr. CLAY. Mr. Speaker, I thank the (Mr. RUSH), for seeking to honor the il- which designates the U.S. post office gentleman from Illinois for his com- lustrious and stellar career of James E. located at 7715 and 7748 South Cottage ments and the colorful tale that he Worsham, and I urge the swift passage Grove Avenue in my hometown of Chi- told us. of H.R. 3340. cago as the James E. Worsham Post Of- Mr. Speaker, I have no further re- Mr. Speaker, I yield 5 minutes to the fice Building. quests for time, and I yield back the gentleman from Illinois (Mr. DAVIS). This bill pays fitting tribute to Mr. balance of my time. Mr. DAVIS of Illinois. Mr. Speaker, I James E. Worsham, who has served the Mrs. MILLER of Michigan. Mr. want to thank the gentleman from Chicago community with considerable Speaker, I urge all Members to support Missouri for yielding me this time. distinction as a hard-working and dedi- the passage of H.R. 3340, and I yield I am very pleased to join with my cated postal worker. Before joining the back the balance of my time. colleague, the gentleman from Illinois postal service, Mr. Worsham served in (Mr. RUSH), who introduced this legis- the U.S. Air Force for 4 years and then The SPEAKER pro tempore (Mr. lation to rename a post office formerly the city of Chicago as a traffic court CULBERSON). The question is on the mo- known as the Grand Crossing Post Of- clerk for 4 years. tion offered by the gentlewoman from fice for Mr. James Worsham. Mr. Worsham began what would be- Michigan (Mrs. MILLER) that the House James Worsham is synonymous with come an illustrious postal career on suspend the rules and pass the bill, development of the letter carriers the southeast side of Chicago at the H.R. 3340. union in the city of Chicago and in the Grand Crossing Station on January 16, The question was taken; and (two- State of Illinois. He has provided tre- 1963, the station that we are proposing thirds having voted in favor thereof) mendous leadership to the extent that to name after him today. the rules were suspended and the bill the Illinois Letter Carriers are actually Mr. Speaker, back on January 16, was passed. one of the most effective organizations 1963, it was an infamous day in the city A motion to reconsider was laid on of letter carriers in America. As a mat- of Chicago. On that particular day in the table.

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.016 H06PT1 July 6, 2004 CONGRESSIONAL RECORD — HOUSE H5161 VITILAS ‘VETO’ REID POST OFFICE served post office designation. After July of 1999, he was elected President BUILDING all, it is highly appropriate to name of the Rotary Club of St. Charles, Mis- Mrs. MILLER of Michigan. Mr. this postal facility in St. Louis after a souri. In both cases he became the first Speaker, I move to suspend the rules great individual and a postal institu- African American to hold such posi- and pass the bill (H.R. 4327) to des- tion in St. Louis like Veto Reid. I com- tions. ignate the facility of the United States mend the gentleman from Missouri for Mr. Reid was also the first African Postal Service located at 7450 Natural advancing H.R. 4327 to the floor today. American station manager at the Bridge Road in St. Louis, Missouri, as I support this meaningful honor of South St. Louis City, Chouteau the ‘‘Vitilas ‘Veto’ Reid Post Office Veto Reid. Branch, and he was also the first Afri- Building’’. Mr. Speaker, I reserve the balance of can American to be appointed station The Clerk read as follows: my time. manager at the Godfrey, Illinois, and H.R. 4327 Mr. CLAY. Mr. Speaker, I yield my- St. Charles, Missouri post offices. Be it enacted by the Senate and House of Rep- self such time as I may consume. I Vitilas Reid has received many resentatives of the United States of America in want to thank the gentlewoman from awards, including the First Post- Congress assembled, Michigan (Mrs. MILLER) for her kind master’s Leadership Award, which was SECTION 1. VITILAS ‘‘VETO’’ REID POST OFFICE words. Hopefully, she will come to St. presented at the 1992 National Associa- BUILDING. Louis one day and meet Mr. REID. tion of Postmasters of the United (a) DESIGNATION.—The facility of the Mr. Speaker, I rise as a sponsor of States convention in Nashville, Ten- United States Postal Service located at 7450 H.R. 4327, a bill to honor Mr. Vitilas nessee. In January 2002, he received the Natural Bridge Road in St. Louis, Missouri, ‘‘Veto’’ Reid by permanently desig- State of Missouri Martin Luther King, shall be known and designated as the ‘‘Vitilas ‘Veto’ Reid Post Office Building’’. nating the Normandy Post Office lo- Jr. Distinguished Service Award. He (b) REFERENCES.—Any reference in a law, cated at 7450 Natural Bridge Road, St. was inducted into the historic Vashon map, regulation, document, paper, or other Louis, Missouri, the Vitilas ‘‘Veto’’ High School Hall of Fame in 1990, and record of the United States to the facility re- Reid Post Office. was inducted into the St. Louis Gate- ferred to in subsection (a) shall be deemed to As we have heard, Veto Reid has had way Classic Walk of Fame in August of be a reference to the Vitilas ‘‘Veto’’ Reid a U.S. Postal Service career that 2003. Post Office Building. spanned over 50 years. He started his Mr. Speaker, I urge my colleagues to The SPEAKER pro tempore. Pursu- career on August 20, 1951; and it cul- support this measure in tribute to a ant to the rule, the gentlewoman from minated with his retirement as post- man whose life has meant so much to Michigan (Mrs. MILLER) and the gen- master on September 1, 2001. his co-workers and his community. tleman from Missouri (Mr. CLAY) each His first assignment was ‘‘indefinite Mr. Speaker, I yield back the balance will control 20 minutes. substitute clerk,’’ which included of my time. The Chair recognizes the gentle- working in the mail processing and Mrs. MILLER of Michigan. Mr. woman from Michigan (Mrs. MILLER). special-delivery sections. After 18 years Speaker, I urge all Members to support Mrs. MILLER of Michigan. Mr. as a clerk, he received his first man- the passage of H.R. 4327. Speaker, I yield myself such time as I agement promotion to mail supervisor Mr. Speaker, I yield back the balance may consume. in December of 1969. That promotion of my time. GENERAL LEAVE was indeed a significant accomplish- The SPEAKER pro tempore (Mr. Mrs. MILLER of Michigan. Mr. ment and was a first for an African CULBERSON). The question is on the mo- Speaker, I ask unanimous consent that American. Affectionately known to his tion offered by the gentlewoman from all Members may have 5 legislative family and friends as Veto, he has been Michigan (Mrs. MILLER) that the House days within which to revise and extend throughout his life a man of many suspend the rules and pass the bill, their remarks and include extraneous firsts. Some of his many accomplish- H.R. 4327. material on the bill under consider- ments are as follows: The question was taken; and (two- ation. Superintendent of station and thirds having voted in favor thereof) The SPEAKER pro tempore. Is there branches in Berkeley, Missouri; deliv- the rules were suspended and the bill objection to the request of the gentle- ery program branch supervisor in Chi- was passed. woman from Michigan? cago, Illinois; officer-in-charge, in Ha- A motion to reconsider was laid on There was no objection. zelwood, Missouri Post Office; officer- the table. Mrs. MILLER of Michigan. Mr. in-charge in St. Charles, Missouri; f Speaker, I yield myself such time as I postmaster of Godfrey, Illinois; post- may consume. PERRY B. DURYEA, JR. POST master of St. Charles, Missouri. OFFICE Mr. Speaker, H.R. 4327 is a great trib- Veto Reid’s outstanding record of acute to the service of one of St. Louis, complishments as a postal service em- Mrs. MILLER of Michigan. Mr. Missouri’s favorite sons. This legisla- ployee was recognized in the CONGRES- Speaker, I move to suspend the rules tion designates the St. Louis postal fa- SIONAL RECORD on October 21, 2001. He and pass the bill (H.R. 4427) to des- cility as the Vitilas ‘‘Veto’’ Reid Post is an honor graduate of the historic ignate the facility of the United States Office Building. Vashon High School located in St. Postal Service located at 73 South Eu- Mr. Speaker, longtime Postmaster Louis, and attended Stowe Teachers clid Avenue in Montauk, New York, as Veto Reid of St. Charles, Missouri, en- College and the University of Missouri the ‘‘Perry B. Duryea, Jr. Post Office’’. joyed a postal career that spanned over at St. Louis. He is also a trustee and The Clerk read as follows: 5 decades. He started his career in 1951 chairman of the board of Prince of H.R. 4427 as a substitute clerk and ultimately Peace Missionary Baptist Church, Be it enacted by the Senate and House of Rep- rose to be the postmaster in Godfrey, where he has been a member for more resentatives of the United States of America in Illinois, from 1980 until 1983. He then than 65 years. Congress assembled, moved to St. Charles, Missouri, where SECTION 1. PERRY B. DURYEA, JR. POST OFFICE. he served as postmaster for 18 years b 1445 (a) DESIGNATION.—The facility of the until his retirement in 2001. He also has long-lasting memberships United States Postal Service located at 73 Beyond his postal career, Reid is ac- with the Albert Holman Masonic South Euclid Avenue in Montauk, New York, tive in his community and sits on the Lodge, Eureka Consistory, and shall be known and designated as the ‘‘Perry B. Duryea, Jr. Post Office’’. boards of St. Charles County YMCA, Medinah Temple representing the (b) REFERENCES.—Any reference in a law, the St. Louis branch of the NAACP, the Shriners of Eastern, Missouri. map, regulation, document, paper, or other Habitat for Humanity, and Lindenwood Veto Reid served on the boards of record of the United States to the facility re- University. Veto and his wife, Bessie, many advisory committees throughout ferred to in subsection (a) shall be deemed to reside in St. Charles; and on behalf of the St. Louis community. In January be a reference to the Perry B. Duryea, Jr. my distinguished colleague, the gen- of 1995 he was appointed President of Post Office. tleman from Missouri (Mr. CLAY), I the Advisory Board of St. Joseph’s Hos- The SPEAKER pro tempore. Pursu- want to congratulate him for this de- pital SSM, St. Charles, Missouri. In ant to the rule, the gentlewoman from

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.019 H06PT1 H5162 CONGRESSIONAL RECORD — HOUSE July 6, 2004 Michigan (Mrs. MILLER) and the gen- legend. For 18 years, from 1960 to 1978, serve freedom would be able to fully partici- tleman from Missouri (Mr. CLAY) each Mr. Duryea served as the Republican pate in all of the opportunities the Nation will control 20 minutes. Assemblyman from the First District. provided; The Chair recognizes the gentle- Whereas in December 1943, during an emer- While serving in the State Legislature, gency meeting of the American Legion lead- woman from Michigan (Mrs. MILLER). Mr. Duryea served as Minority Leader ership, Harry Colmery crafted the initial GENERAL LEAVE and Speaker of the Assembly. draft of the legislation that became the Mrs. MILLER of Michigan. Mr. Mr. Duryea was known for being bi- Servicemen’s Readjustment Act of 1944, also Speaker, I ask unanimous consent that partisan and recognized as a commu- known as the GI Bill of Rights; all Members may have 5 legislative nity leader. He worked tirelessly for Whereas the GI Bill of Rights is credited days within which to revise and extend the people of New York State and Long by veterans’ service organizations, econo- their remarks and include extraneous Island. Sadly, he passed away in Janu- mists, and historians as the engine that material on H.R. 4427. transformed postwar America into a more ary of this year. egalitarian, prosperous, and enlightened Na- The SPEAKER pro tempore. Is there Mr. Speaker, I commend my col- tion poised to lead the world into the 21st objection to the request of the gentle- league for seeking to honor the legacy century; woman from Michigan? of Perry Duryea, and I urge the swift Whereas since its enactment, the GI Bill of There was no objection. passage of this bill. Rights has provided education or training for Mrs. MILLER of Michigan. Mr. Mr. Speaker, I have no further re- approximately 7,800,000 men and women, in- Speaker, I yield myself such time as I quests for time, and I yield back the cluding 2,200,000 in college, 3,400,000 in other may consume. balance of my time. schools, 1,400,000 in vocational education, and 690,000 in farm training and, in addition, I am proud to support this legislation Mrs. MILLER of Michigan. Mr. that designates a U.S. postal facility in 2,100,000 World War II veterans purchased Speaker I have no further requests for homes through the GI Bill; Montauk, New York, as the ‘‘Perry B. time, and I yield back the balance of Duryea, Jr. Post Office.’’ Every Mem- Whereas as a result of the benefits avail- my time. able to veterans through the initial GI Bill, ber of the New York State delegation The SPEAKER pro tempore. The the Nation gained over 800,000 professionals has cosponsored this bill. While State question is on the motion offered by as the GI Bill transformed these veterans cosponsorship is a formality for post the gentlewoman from Michigan (Mrs. into 450,000 engineers, 238,000 teachers, 91,000 office designations to be reported from scientists, 67,000 doctors, and 22,000 dentists; MILLER) that the House suspend the the Committee on Government Reform, Whereas President Truman established the rules and pass the bill, H.R. 4427. Presidential Medal of Freedom in 1945 to rec- in this case I think it reflects a great The question was taken; and (two- deal of the sentiment from my New ognize notable service during war and in thirds having voted in favor thereof) York colleagues. 1963, President Kennedy reinstated the medal the rules were suspended and the bill to honor the achievement of civilians during Mr. Perry Duryea remains one of the peacetime; most highly respected Speakers of the was passed. A motion to reconsider was laid on Whereas pursuant to Executive Order No. New York State Assembly in history. the table. 11085, the Medal of Freedom may be awarded Speaker Duryea represented the people to any person who has made an especially of Long Island with considerable dedi- f meritorious contribution to ‘‘(1) the security cation. First elected as a State Assem- EXPRESSING THE SENSE OF CON- or national interest of the United States, or blyman in 1960, Perry Duryea exhibited GRESS THAT THE PRESIDENT (2) world peace, or (3) other significant pub- extraordinary leadership for nearly two POSTHUMOUSLY AWARD THE lic or private endeavors’’; and Whereas Harry Colmery, noted for his serv- decades in the New York State legisla- PRESIDENTIAL MEDAL OF FREE- ture, spending 12 years as Republican ice in the military, in the legal sector, and DOM TO HARRY W. COLMERY on behalf of the Nation’s veterans, clearly leader. He held the distinguished posi- Mrs. MILLER of Michigan. Mr. meets the criteria established for the Presi- tion of Assembly Speaker from 1969 to Speaker, I move to suspend the rules dential Medal of Freedom: Now, therefore, be 1973, and he served as Minority Leader and agree to the concurrent resolution it from 1966 through 1968 and again from Resolved by the House of Representatives (the (H. Con. Res. 257) expressing the sense 1974 to 1978. Senate concurring), That it is the sense of We all deeply regret that Speaker of Congress that the President should Congress that the President should post- Duryea passed away in January fol- posthumously award the Presidential humously award the Presidential Medal of Medal of Freedom to Harry W. Freedom to Harry W. Colmery of Topeka, lowing a car accident near his home in Kansas. Montauk. I hope this post office des- Colmery. The SPEAKER pro tempore. Pursu- ignation provides a wonderful reminder The Clerk read as follows: ant to the rule, the gentlewoman from of Perry Duryea’s legacy as a public H. CON. RES. 257 Michigan (Mrs. MILLER) and the gen- servant and as a great American to his Whereas the life of Harry W. Colmery of tleman from Missouri (Mr. CLAY) each friends, his family, and to all New York Topeka, Kansas, was marked by service to his country and its citizens; will control 20 minutes. residents. The Chair recognizes the gentle- I thank the gentleman from New Whereas Harry Colmery earned a degree in law in 1916 from the University of Pittsburgh woman from Michigan (Mrs. MILLER). York for his work on H.R. 4427 that and, through his practice of law, contributed GENERAL LEAVE honors Perry Duryea. I strongly urge to the Nation, notably by successfully argu- Mrs. MILLER of Michigan. Mr. all of the Members of this House to ing two significant cases before the United Speaker, I ask unanimous consent that support this legislation. States Supreme Court, one criminal, the all Members may have 5 legislative Mr. Speaker, I reserve the balance of other an environmental legal dispute; Whereas during World War I, Harry days within which to revise and extend my time. their remarks and include extraneous Mr. CLAY. Mr. Speaker, I yield my- Colmery joined the Army Air Service, serving as a first lieutenant at a time when mili- material on H. Con. Res. 257. self such time as I may consume. The SPEAKER pro tempore. Is there Mr. Speaker, as a member of the tary aviation was in its infancy; objection to the request of the gentle- House Committee on Government Re- Whereas after World War I, Harry Colmery actively contributed to the growth of the woman from Michigan? form, I am pleased to join my colleague newly formed American Legion and went on There was no objection. in the consideration of H.R. 4427, legis- to hold several offices in the Legion and was Mrs. MILLER of Michigan. Mr. lation designating the postal facility in elected National Commander in 1936; Speaker, I yield myself such time as I Montauk, New York, after Perry Whereas in 1943, the United States faced may consume. Duryea. This measure which was intro- the return from World War II of what was to Mr. Speaker, I am pleased to offer my duced by the gentleman from New become an active duty force of 15,000,000 sol- support for House Concurrent Resolu- York (Mr. BISHOP) on May 20, 2004, was diers, sailors, airmen, and Marines; tion 257. This resolution expresses the unanimously reported by our com- Whereas Harry Colmery, recognizing the potential effect of the return of such a large sense of Congress that the President mittee on June 24, 2004. H.R. 4427 en- number of veterans to civilian life, spear- should posthumously award the Presi- joys the support and cosponsorship of headed the efforts of the American Legion to dential Medal of Freedom to Harry W. the entire New York delegation. develop legislation seeking to ensure that Colmery. Perry Duryea, a lifelong resident of these Americans who had fought for the Mr. Speaker, countless remarkable Montauk, New York, was a political democratic ideals of the Nation and to pre- Americans have contributed great

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.023 H06PT1 July 6, 2004 CONGRESSIONAL RECORD — HOUSE H5163 sums to the building and development half of Harry Colmery and his momen- Freedom because it is never too late to of our great Nation. Today we cele- tous contributions to our Nation. I be- honor American heroes like Harry brate Harry Colmery, truly one of the lieve this legislation deserves the full Colmery. most remarkable of all Americans. support of the House. Mr. Speaker, I have no further re- Harry Colmery had the awesome vision Mr. Speaker, I reserve the balance of quests for time, and I yield back the and the practical brilliance to compose my time. balance of my time. ‘‘The Servicemen’s Readjustment Act Mr. CLAY. Mr. Speaker I yield my- Mrs. MILLER of Michigan. Mr. of 1944,’’ or much better known as the self such time as I may consume. Speaker, I yield myself such time as I GI bill. Mr. Speaker, I want to thank the may consume. Harry Colmery grew up and attended gentlewoman from Michigan (Mrs. MIL- I urge all Members to support House school in Pennsylvania before earning LER) for her remarks on Mr. Colmery. Concurrent Resolution 257 that was of- a law degree in 1916. When the U.S. en- Mr. Speaker, it is never too late to fered by the gentleman from Kansas tered World War I, Colmery left to honor someone who has done a great (Mr. RYUN). He wanted to be here today serve America as a first lieutenant in deed for our Nation. Harry W. Colmery but was delayed at the airport. the Army Air Service. When he re- should be honored with the Presi- b 1500 turned safely home after the war, he dential Medal of Freedom because mil- I certainly commend him for his developed a successful law practice, lions of Americans are better off today leadership on this resolution. eventually arguing two cases before as a result of his vision and the hard Mr. SMITH of New Jersey. Mr. Speaker, I the United States Supreme Court. He work he put in to making his dream a rise in strong support of H. Con. Res. 257, also became involved in the emerging reality. which would express the sense of Congress American Legion and was elected Na- After returning from duty in the Air that the President posthumously award the tional Commander in 1936. Service during World War I, Mr. Medal of Freedom to Harry W. Colmery. Mr. As the head of the American Legion, Colmery was struck by the financial Colmery, a lawyer who successfully argued Colmery had the foresight to see be- and emotional hardships he and his fel- cases before the Supreme Court after World yond the second great war and to un- low veterans encountered when they War I, was the visionary who drafted in long- derstand that at its completion nearly returned home. These hardships in- hand during the Christmas and New Year’s 15 million servicemen and service- cluded trouble adjusting to civilian life holidays of 1943–1944 what would become women would be returning home look- and the inability to find adequate jobs. the Servicemen’s Readjustment Act of 1944, ing to continue their lives. Many would Holding a law degree and therefore in commonly known as the ‘‘G.I. Bill of Rights.’’ probably want to go back to work, better shape than most veterans, Mr. Michael Bennett, author of When Dreams many more would want to go on to col- Colmery immediately became involved Came True—The G.I. Bill and the Making of lege. Colmery addressed both interests in the newly formed American Legion, Modern America, credits Mr. Colmery with the at an emergency meeting of the Amer- where he helped fellow veterans who wisdom and foresight that ‘‘made the United ican Legion leadership in December of were less fortunate than he was. He States the first overwhelming middle-class na- 1943. There Colmery drafted the initial held several legion posts before being tion in the world. It was the law that worked, draft of what became the Servicemen’s named National Commander in 1936. the law whose unexpected consequences Readjustment Act. President Franklin As more and more young men were were even greater than its intended pur- Roosevelt signed the law the following drafted into service during World War poses.’’ year, and it is credited with almost sin- II, Harry Colmery began to think of his The World War II G.I. Bill of Rights—and gle-handedly jump-starting the modern own experiences and how he could im- the engaging response on the part of the 7.8 American economic engine. prove the lives of American veterans million veterans who used it—produced Mr. Speaker, the G.I. Bill provided when they returned from war. He led 450,000 engineers; 238,000 teachers; 91,000 educational benefits that more than 2 efforts to make sure that these fine scientists; 67,000 doctors; 22,000 dentists; million men and women utilized to at- young men who had risked their lives and another one million college-educated men tend college after coming home from for the freedom America enjoys would in other professional disciplines like business, management, manufacturing, banking, and so- World War II. Furthermore, an addi- best benefit from that freedom when cial services. Among the 7.8 million GI Bill re- tional 5 million veterans received job they returned. cipients were about five million World War II training and other preparation through In December 1943, Colmery called an veterans who received other forms of valuable the G.I. Bill. Indeed, the G.I. Bill be- emergency meeting of the American Legion leadership. Colmery drafted leg- technical schooling or on-job training that became one of the most directly influen- come so important to our post-war civilian islation that would become the Serv- tial acts of Congress in American his- economy. tory. It is impossible to measure the icemen’s Readjustment Act of 1944, Mr. Speaker, even before WWII ended, benefit to our national economy and known today as the G.I. Bill of Rights. Harry Colmery forecast that we as a nation general welfare from the fruits of all of The G.I. Bill of Rights is considered would need a kind of economic ‘‘cubby hole’’ this education. to be one of the core reasons that the for training its veterans after the war, as the Harry Colmery’s work in authoring 15 million U.S. soldiers active during American economy would transform from mak- the G.I. Bill make him one of the great World War II were able to return to ing machine guns to making Maytags. Con- Americans about whom many people America and lead productive lives. gress agreed, and on June 22, 1944, it sent today actually know very little. Since its enactment, the G.I. Bill of the Servicemen’s Readjustment Act of 1944 to Mr. Speaker, this resolution requests Rights has provided education and the White House. President Roosevelt signed the President to posthumously award training for 7.8 million men and the bill saying ‘‘. . . it gives emphatic notice to the Nation’s highest civilian award to women. For the first time some of our the men and women in our Armed Forces that Harry Colmery. On behalf of the chair- Nation’s most elite universities be- the American people do not intend to let them man, the gentleman from Virginia (Mr. came available to working class Ameri- down.’’ TOM DAVIS), and the rest of the Mem- cans through the G.I. Bill, when they But frankly, it was more than not letting bers of the Committee on Government otherwise would not have had the op- down the veterans themselves. Michael Ben- Reform, I want to make clear that this portunity or financial resources. nett speculates on Mr. Colmery’s foresight, is not a frivolous request, nor do we be- Executive Order No. 11085 states that ‘‘For this was a bill . . . conceived in democ- lieve that the Presidential Medal of the Medal of Freedom may be awarded racy and dedicated to the proposition that Freedom is an honor that should be to any person who has made a meri- those called upon to die for their country, if awarded lightly. But we believe that torious contribution to the security or need be, are the best qualified to make it Harry Colmery deserves the Presi- national interests of the United States. work, if given the opportunity.’’ dential Medal of Freedom for the mil- Frankly, the contribution Mr. Colmery Having served in the Army Air Service dur- lions of lives that he helped improve has made to the well-being of all Amer- ing World War I, Harry Colmery understood through the G.I. Bill. icans, regardless of race, class or reli- that economically empowering veterans I want to applaud the distinguished gion, is immeasurable. As a grateful through education and training was vastly su- gentleman from Kansas (Mr. RYUN) for Nation, we thank Mr. Colmery and perior to providing them with cash bonus pay- bringing this legislation forward on be- award him the Presidential Medal of ments, as was done for World War I service.

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4634 Sfmt 9920 E:\CR\FM\K06JY7.025 H06PT1 H5164 CONGRESSIONAL RECORD — HOUSE July 6, 2004 And history has shown how correct Mr. fact in the history of American higher edu- Montgomery G.I. Bill Enhancement Act, in- Colmery was. cation. . . . The G.I.’s are hogging the honor cluded an increase in basic education bene- Building upon the success of the original GI rolls and the Dean’s lists; as they are walking fits, an increase in the rate of survivors’ and Bill, Congress subsequently approved a sec- away with the top marks in all of their courses. dependents’ educational assistance and an ond bill following the Korean War; a third bill . . . Far from being an educational problem, expansion of the work-study program. following the Vietnam War; a fourth bill for the the veteran has become an asset to higher Today, the military operations in Afghanistan post-Vietnam War era; and in 1985, under the education.’’ and Iraq are creating a new generation of vet- dedicated leadership of former Veterans’ Com- Mr. Speaker, as a trained lawyer and not an erans. Harry Colmery’s foresight has secured mittee Chairman Sonny Montgomery, Con- economist or an educator, Harry Colmery de- valuable educational benefits for these men gress approved the modern version of the GI signed the legislation to allow 14 million World and women who are so bravely defending Bill which is fittingly called the Montgomery GI War II veterans to transform arsenals of mass freedom in the war on terror and gives them Bill. destruction into industries of mass consump- opportunities for their futures. And in recent years, Congress has contin- tion. I am pleased that my colleague, Mr. RYUN, ued to keep faith with the goals originally set These veterans did not just pass through has been successful in bringing this resolution out by Harry Colmery by passing legislation higher education, they transformed it. But it to the House floor, and I am proud to be a co- that modernizes the GI Bill to meet the needs was more than that. They created the modern sponsor of this resolution to posthumously of America’s military veterans in the 21st cen- middle class, thanks to the vision of Harry award the Presidential Medal of Freedom to tury. As a result of bipartisan legislation I was Colmery. Mr. Harry W. Colmery. proud to sponsor along with my good friend I encourage my colleagues to emphatically Mr. SIMPSON. Mr. Speaker, I rise today in Congressman LANE EVANS, the total lifetime support the Presidential Medal of Freedom for support of H. Con. Res. 257, expressing the college benefit for qualified veterans has risen this extraordinary American. sense of Congress that the President should from $24,192 in January 2001, to $35,460 Mr. MORAN of Kansas. Mr. Speaker, I rise posthumously award the Presidential Medal of today. In total, more than 21 million veterans today in support of H. Con. Res. 257, a reso- Freedom to Harry W. Colmery. Harry Colmery have received higher education and job train- lution that would urge the President to post- is truly an American treasure. In December of ing through the original WWII GI Bill and its humously award Harry W. Colmery of Topeka, 1943, Mr. Colmery sat in room 570 of the successors. Kansas, the Presidential Medal of Freedom. Mayflower Hotel drafting what arguably be- Michael Bennett noted that, ‘‘the $14.5 bil- In order to receive the Presidential Medal of came our most successful domestic program lion cost of the WWII GI Bill was paid by addi- Freedom, a person must have contributed in ever, possible even more remarkable than the tional taxes on the increased income of the GI one of the following areas: the security or na- Homestead Act. Bill recipient by 1960. Without the property— tional interest of the United States, world I believe Mr. Colmery simply wanted a de- and the social peace—engendered by the GI peace, or another significant public or private cent opportunity for the 14 million GIs we Bill, America couldn’t have afforded the Mar- endeavor. Harry Colmery’s work to bring the brought home after World War II. The GI bill shall Plan’s $12.5 billion.’’ gift of education to so many millions of Amer- provided veterans with opportunities that were Mr. Bennett further observed that by 1960, ican service members certainly qualified. limited only by their own aspiration, ability and ‘‘veterans were only in their early 40s, at the Harry Colmery answered the call of duty in initiative. The VA provided the opportunity; the height of their earning powers, and the bill’s World War I by serving as a first lieutenant in veterans provided the initiative. catalytic effects would be felt for years to the Army Air Service. Aviation was a new con- On June 20, 2002, I joined Secretary of Vet- come throughout the entire economy as cept in those days, and Mr. Colmery showed erans Affairs Anthony Principi, House Com- homes, schools, roads and service industries exceptional bravery and faith by serving his mittee on Veterans’ Affairs Chairman CHRIS- multiplied. Between 1960 and 1980, America’s country in the air. TOPHER SMITH, former Senator Bob Dole, Gross Domestic Product quintupled from Harry Colmery also served the United former House Committee on Veterans’ Affairs $515.9 billion to $2.7 trillion. Since then, the States as a lawyer, having received his law Chairman G.V. Sonny Montgomery, Congress- GDP has risen to $8.5 trillion in 1998, a tri- degree from the University of Pittsburgh in man JIM RYUN—who authored the legislation pling in 17 years rather than a quintupling in 1916. He used his education well and argued we are considering today—author Michael 20.’’ two successful cases before the U.S. Su- Bennett, and National Adjutant Robert W. Economic philosopher Peter Drucker said in preme Court. In his personal life, Mr. Colmery Spanogle of The American Legion, at the the Harvard Business Review that ‘‘the GI Bill was active in the American legion, and its Mayflower Hotel to dedicate room 570. This of Rights and the enthusiastic response to it members elected him National Commander in was our first step to recognize the man who on the part of America’s veterans signaled the 1936. authored legislation which, unbeknownst to shift to a knowledge society. In this society, In December of 1943, Mr. Colmery’s law ca- him, would create the modern middle class. knowledge is the primary resource for individ- reer and his devotion to his country inter- After the ceremony, this distinguished group uals and for the economy overall.’’ sected. Millions of young Americans had an- of individuals wrote letters in support of hon- Mr. Drucker later wrote that ‘‘future histo- swered the call of duty and served in World oring Mr. Colmery with the Presidential Medal rians may consider it the most important event War II and were starting to return home. Harry of Freedom. This was followed by Congress- in the 20th Century. We are clearly in the mid- Colmery and the American Legion wanted to man RYUN introducing H. Con. Res. 257, of dle of this transformation; indeed, if history is ensure that these returning soldiers would be which I am proud to co-sponsor. any guide, it will not be completed until 2010 able to transition back into civilian life. In Harry Colmery was a visionary and de- or 2020. But already it has changed the polit- Room 570 of the Mayflower Hotel in Wash- serves the Nation’s highest honor, the Presi- ical, economic and moral landscape of the ington, D.C., Mr. Colmery outlined the legisla- dential Medal of Freedom. The GI bill trans- world.’’ tion that became the Servicemen’s Readjust- formed America. Former President George Mr. Speaker, Mr. Harry W. Colmery essen- ment Act of 1944, better known now as the Bush put it best, ‘‘The GI bill changes the lives tially articulated for America what author Ben- G.I. Bill of Rights. of millions by replacing old roadblocks with nett later referred to as the ‘‘American Creed The G.I. Bill has helped to create over paths of opportunity. And, in so doing, it in Action.’’ Mr. Colmery knew from his per- 250,000 engineers 238,000 teachers, 91,000 boosted America’s work force, it boosted sonal experiences during and after World War scientists, 67,000 doctors, and 22,000 dentists America’s economy, and really, it changed the I that Americans who fight in wars often are since being signed into law. Thanks to these life of our Nation.’’ ordinary people who do extraordinary things. men and women, bridges, buildings, and ships Mr. Speaker, let us honor the man who re- Mr. Colmery and The American Legion mount- have been built; children have realized their defined our way of life. I urge my colleagues ed the campaign for the GI Bill and against dreams, scientific mysteries have been solved, to support this resolution. those who predicted that it could turn the na- and patients in need of care have been Mrs. MILLER of Michigan. Mr. tion’s college and universities in to ‘‘edu- healed. Speaker, I yield back the balance of cational hobo jungles.’’ In the end, Mr. As an active member of the House Veterans my time. Colmery and Representative Edith Nourse Affairs Committee, I am proud that Mr. The SPEAKER pro tempore (Mr. Rodgers (MA), who worked with him and co- Colmery’s work on the G.I. Bill of Rights is CULBERSON). The question is on the mo- authored the GI Bill legislation in the House of something we have built upon. In the 107th tion offered by the gentlewoman from Representatives, won out. Congress, my colleagues and I worked to Michigan (Mrs. MILLER) that the House As the New York Times reported in Novem- pass legislation to expand educational benefits suspend the rules and agree to the con- ber 1947, ‘‘. . . here is the most astonishing for veterans. This legislation, The 21st Century current resolution, H. Con. Res. 257.

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A06JY7.016 H06PT1 July 6, 2004 CONGRESSIONAL RECORD — HOUSE H5165 The question was taken. Blumenauer Gilchrest McGovern Sherman Taylor (MS) Walsh The SPEAKER pro tempore. In the Blunt Gillmor McHugh Sherwood Taylor (NC) Wamp Boehlert Gingrey McKeon Shimkus Terry Waters opinion of the Chair, two-thirds of Boehner Gonzalez McNulty Shuster Thomas Watson those present have voted in the affirm- Bonilla Goode Meehan Simmons Thompson (CA) Watt ative. Bonner Goodlatte Meek (FL) Simpson Thornberry Waxman Skelton Tiahrt Mrs. MILLER of Michigan. Mr. Bono Gordon Meeks (NY) Weiner Boozman Granger Menendez Smith (MI) Tiberi Weldon (FL) Smith (TX) Tierney Speaker, on that I demand the yeas Boswell Graves Mica Weldon (PA) Smith (WA) Toomey and nays. Boucher Green (TX) Michaud Wexler Boyd Green (WI) Millender- Snyder Towns The yeas and nays were ordered. Whitfield Bradley (NH) Greenwood McDonald Souder Turner (OH) Wicker The SPEAKER pro tempore. Pursu- Brady (PA) Grijalva Miller (FL) Spratt Turner (TX) Wilson (NM) ant to clause 8 of rule XX and the Brady (TX) Gutknecht Miller (MI) Stark Udall (NM) Wilson (SC) Chair’s prior announcement, further Brown (SC) Hall Miller, Gary Stearns Upton Strickland Van Hollen Wolf proceedings on this motion will be Brown, Corrine Harris Miller, George Brown-Waite, Hart Mollohan Stupak Vela´ zquez Woolsey postponed. Ginny Hastings (WA) Moore Sullivan Visclosky Wu Burgess Hayes Moran (KS) Tanner Vitter Wynn f Burns Hayworth Moran (VA) Tauscher Walden (OR) Young (AK) Burr Hefley Murphy NOT VOTING—54 RECESS Burton (IN) Hensarling Murtha The SPEAKER pro tempore. Pursu- Buyer Herger Musgrave Aderholt Gutierrez Payne Calvert Herseth Myrick Bachus Harman Pelosi ant to clause 12(a) of rule I, the Chair Camp Hill Nadler Becerra Hastings (FL) Peterson (MN) declares the House in recess until ap- Cannon Hinojosa Napolitano Brown (OH) Hinchey Peterson (PA) proximately 6:30 p.m. today. Cantor Hobson Neal (MA) Cardin Hoekstra Pitts Carson (IN) Accordingly (at 3 o’clock and 1 min- Capito Hoeffel Nethercutt Honda Pombo Capps Holden Neugebauer Carson (OK) Hoyer Price (NC) utes p.m.), the House stood in recess Capuano Holt Ney Clyburn Jenkins Slaughter until approximately 6:30 p.m. today. Cardoza Hooley (OR) Northup Collins John Smith (NJ) Carter Hostettler Norwood Conyers Jones (OH) Solis f Case Houghton Nunes Cummings Kleczka Stenholm Castle Hulshof Nussle Delahunt Lowey Sweeney b 1830 Chabot Hunter Oberstar DeLay Majette Tancredo Chandler Hyde Obey Deutsch McCarthy (NY) Tauzin Engel McInnis Thompson (MS) AFTER RECESS Chocola Inslee Olver Filner McIntyre Udall (CO) Clay Isakson Ortiz The recess having expired, the House Gephardt Miller (NC) Weller Coble Israel Osborne Goss Pascrell Young (FL) was called to order by the Speaker pro Cole Issa Ose tempore (Mrs. BIGGERT) at 6 o’clock Cooper Istook Otter ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE and 30 minutes p.m. Costello Jackson (IL) Owens The SPEAKER pro tempore (Mrs. Cox Jackson-Lee Oxley f Cramer (TX) Pallone BIGGERT) (during the vote). Members Crane Jefferson Pastor are reminded there are 2 minutes re- ANNOUNCEMENT BY THE SPEAKER Crenshaw Johnson (CT) Paul maining in this vote. PRO TEMPORE Crowley Johnson (IL) Pearce Cubin Johnson, E. B. Pence b 1853 The SPEAKER pro tempore. Pursu- Culberson Johnson, Sam Petri So (two-thirds having voted in favor ant to clause 8 of rule XX, proceedings Cunningham Jones (NC) Pickering thereof) the rules were suspended and will resume on motions to suspend the Davis (AL) Kanjorski Platts Davis (CA) Kaptur Pomeroy the concurrent resolution, as amended, rules previously postponed. Votes will Davis (FL) Keller Porter was agreed to. Davis (IL) Kelly Portman be taken in the following order: The result of the vote was announced H. Con. Res. 410, by the yeas and Davis (TN) Kennedy (MN) Pryce (OH) Davis, Jo Ann Kennedy (RI) Putnam as above recorded. nays. Davis, Tom Kildee Quinn A motion to reconsider was laid on H. Con. Res. 257, by the yeas and Deal (GA) Kilpatrick Radanovich the table. nays. DeFazio Kind Rahall DeGette King (IA) Ramstad Stated for: f DeLauro King (NY) Rangel Mr. FILNER. Mr. Speaker, on rollcall No. DeMint Kingston Regula 326, I was unavoidably detained in my Con- RECOGNIZING THE MARSHALL Diaz-Balart, L. Kirk Rehberg gressional District, and I missed the vote. Had ISLANDS Diaz-Balart, M. Kline Renzi Dicks Knollenberg Reyes I been present, I would have voted ‘‘yea.’’ The SPEAKER pro tempore. The Dingell Kolbe Reynolds Ms. SOLIS. Madam Speaker, during rollcall pending business is the question of sus- Doggett Kucinich Rodriguez vote No. 326 on H. Con. Res. 410, the Mar- Dooley (CA) LaHood Rogers (AL) pending the rules and agreeing to the Doolittle Lampson Rogers (KY) shall Islands I was unavoidably detained. Had concurrent resolution, H. Con. Res. 410, Doyle Langevin Rogers (MI) I been present, I would have voted ‘‘yea.’’ as amended. Dreier Lantos Rohrabacher f The Clerk read the title of the con- Duncan Larsen (WA) Ros-Lehtinen Dunn Larson (CT) Ross EXPRESSING THE SENSE OF CON- current resolution. Edwards Latham Rothman GRESS THAT THE PRESIDENT Ehlers LaTourette Roybal-Allard The SPEAKER pro tempore. The POSTHUMOUSLY AWARD THE question is on the motion offered by Emanuel Leach Royce Emerson Lee Ruppersberger PRESIDENTIAL MEDAL OF FREE- the gentleman from Arizona (Mr. English Levin Rush DOM TO HARRY W. COLMERY FLAKE) that the House suspend the Eshoo Lewis (CA) Ryan (OH) rules and agree to the concurrent reso- Etheridge Lewis (GA) Ryan (WI) The SPEAKER pro tempore. The lution, H. Con. Res. 410, as amended, on Evans Lewis (KY) Ryun (KS) pending business is the question of sus- Everett Linder Sabo pending the rules and agreeing to the which the yeas and nays are ordered. Farr Lipinski Sa´ nchez, Linda The vote was taken by electronic de- Fattah LoBiondo T. concurrent resolution, H. Con. Res. 257. vice, and there were—yeas 379, nays 0, Feeney Lofgren Sanchez, Loretta The Clerk read the title of the con- Ferguson Lucas (KY) Sanders not voting 54, as follows: current resolution. Flake Lucas (OK) Sandlin The SPEAKER pro tempore. The [Roll No. 326] Foley Lynch Saxton Forbes Maloney Schakowsky question is on the motion offered by YEAS—379 Ford Manzullo Schiff the gentlewoman from Michigan (Mrs. Abercrombie Baldwin Berkley Fossella Markey Schrock MILLER) that the House suspend the Ackerman Ballenger Berman Frank (MA) Marshall Scott (GA) Akin Barrett (SC) Berry Franks (AZ) Matheson Scott (VA) rules and agree to the concurrent reso- Alexander Bartlett (MD) Biggert Frelinghuysen Matsui Sensenbrenner lution, H. Con. Res. 257, on which the Allen Barton (TX) Bilirakis Frost McCarthy (MO) Serrano yeas and nays are ordered. Andrews Bass Bishop (GA) Gallegly McCollum Sessions The vote was taken by electronic de- Baca Beauprez Bishop (NY) Garrett (NJ) McCotter Shadegg Baird Bell Bishop (UT) Gerlach McCrery Shaw vice, and there were—yeas 381, nays 1, Baker Bereuter Blackburn Gibbons McDermott Shays not voting 51, as follows:

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.028 H06PT1 H5166 CONGRESSIONAL RECORD — HOUSE July 6, 2004

[Roll No. 327] Ramstad Scott (VA) Tierney by MEEHAN; rollcall vote 324, an amendment Rangel Sensenbrenner Toomey by HEFLEY; rollcall vote 325, final passage for YEAS—381 Regula Serrano Towns Rehberg Sessions H.R. 4614. Additionally, I was not present for Abercrombie Dooley (CA) Kolbe Turner (OH) Renzi Shadegg Ackerman Doolittle Kucinich Turner (TX) rollcall vote 326, Recognizing the Marshall Is- Reyes Shaw Akin Doyle LaHood Udall (NM) lands (H. Con. Res. 410); and rollcall vote Reynolds Shays Alexander Dreier Lampson Upton Rodriguez Sherman 327, Presidential Medal of Freedom to Harry Allen Duncan Langevin Van Hollen Rogers (AL) Sherwood Vela´ zquez Colmery (H. Con. Res. 257). Andrews Dunn Lantos Rogers (KY) Shimkus Visclosky Had I been present, I would have voted Baca Edwards Larsen (WA) Rogers (MI) Shuster Bachus Ehlers Larson (CT) Rohrabacher Simmons Vitter ‘‘yea’’ for rollcall votes 320, 324, 325, 326, and Baird Emanuel Latham Ros-Lehtinen Simpson Walden (OR) 327. I would have voted ‘‘nay’’ on rollcall votes Baker Emerson LaTourette Ross Skelton Walsh 321, 322, and 323. Baldwin English Leach Rothman Smith (MI) Wamp Ballenger Eshoo Lee Roybal-Allard Smith (TX) Waters f Barrett (SC) Etheridge Levin Royce Smith (WA) Watson JUST WHAT THIS COUNTRY NEEDS Bartlett (MD) Evans Lewis (CA) Ruppersberger Snyder Watt Barton (TX) Everett Lewis (GA) Rush Souder Waxman (Mr. MICA asked and was given per- Bass Farr Lewis (KY) Ryan (OH) Spratt Weiner mission to address the House for 1 Beauprez Fattah Linder Ryan (WI) Stark Weldon (FL) Bell Feeney Lipinski minute and to revise and extend his re- Ryun (KS) Stearns Weldon (PA) Bereuter Ferguson LoBiondo Sabo Strickland Wexler marks.) Berkley Flake Lofgren Sa´ nchez, Linda Stupak Whitfield Mr. MICA. Madam Speaker, the Berman Foley Lowey T. Tanner Berry Forbes Lucas (KY) Wicker Democrats have chosen a trial lawyer Sanchez, Loretta Tauscher Wilson (NM) Biggert Ford Lucas (OK) Sanders as their vice presidential nominee. Now Taylor (MS) Wilson (SC) Bilirakis Fossella Lynch Sandlin Terry that is just what this country needs, a Wolf Bishop (GA) Frank (MA) Maloney Saxton Thomas trial lawyer in the second most power- Bishop (NY) Franks (AZ) Manzullo Woolsey Schakowsky Thompson (CA) ful position in the United States. That Bishop (UT) Frelinghuysen Markey Schiff Thornberry Wu Blackburn Frost Marshall Schrock Tiahrt Wynn is just what America needs, a well-posi- Blumenauer Gallegly Matheson Scott (GA) Tiberi Young (AK) tioned trial lawyer who can make cer- Blunt Garrett (NJ) Matsui Boehlert Gerlach McCarthy (MO) NAYS—1 tain we sue more health care providers, sue more hospitals and drug compa- Boehner Gibbons McCollum Taylor (NC) Bonilla Gilchrest McCotter nies. That is just what America needs, Bonner Gillmor McCrery NOT VOTING—51 a trial lawyer who can ensure we sue Bono Gingrey McDermott Aderholt Harman Pelosi Boozman Gonzalez McGovern more manufacturers and corporations. Becerra Hastings (FL) Peterson (MN) Boswell Goode McHugh If trial lawyers have not driven our Brown (OH) Hinchey Peterson (PA) Boucher Goodlatte McKeon Cardin Hoekstra Pitts health care costs out of sight and our Boyd Gordon McNulty Carson (IN) Honda Pombo Bradley (NH) Granger Meehan job overseas, we need to give them a Carson (OK) Hoyer Slaughter Brady (PA) Graves Meek (FL) better platform to finish the job. Clyburn Hunter Smith (NJ) Brady (TX) Green (TX) Meeks (NY) Let us be frank, Madam Speaker, Collins Jenkins Solis Brown (SC) Green (WI) Menendez Cummings John Stenholm America needs a trial lawyer at the Brown, Corrine Greenwood Mica Delahunt Jones (OH) Sullivan Brown-Waite, Grijalva Michaud helm like Custer needed another Indian DeLay Kleczka Sweeney Ginny Gutknecht Millender- at Big Horn. However, there might be a Deutsch Majette Tancredo Burgess Hall McDonald Engel McCarthy (NY) Tauzin bright side to having more trial law- Burns Harris Miller (FL) Filner McInnis Thompson (MS) yers in Washington, since the courts Burr Hart Miller (MI) Gephardt McIntyre Udall (CO) Burton (IN) Hastings (WA) Miller (NC) have given terrorists the right to have Goss Pascrell Weller Buyer Hayes Miller, Gary their own lawyers. At least now we will Gutierrez Payne Young (FL) Calvert Hayworth Miller, George have something positive for more trial Camp Hefley Mollohan ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cannon Hensarling Moore lawyers to do here. Cantor Herger Moran (KS) The SPEAKER pro tempore (Mrs. f Capito Herseth Moran (VA) BIGGERT) (during the vote). Members Capps Hill Murphy are advised there are 2 minutes remain- UNITED STATES-AUSTRALIA FREE Capuano Hinojosa Murtha ing in this vote. TRADE AGREEMENT—MESSAGE Cardoza Hobson Musgrave FROM THE PRESIDENT OF THE Carter Hoeffel Myrick Case Holden Nadler b 1910 UNITED STATES (H. DOC. NO. 108– Castle Holt Napolitano So (two-thirds having voted in favor 199) Chabot Hooley (OR) Neal (MA) Chandler Hostettler Nethercutt thereof) the rules were suspended and The SPEAKER pro tempore laid be- Chocola Houghton Neugebauer the concurrent resolution was agreed fore the House the following message Clay Hulshof Ney to. from the President of the United Coble Hyde Northup The result of the vote was announced Cole Inslee Norwood States; which was read and, together Conyers Isakson Nunes as above recorded. with the accompanying papers, without Cooper Israel Nussle A motion to reconsider was laid on objection, referred to the Committee Costello Issa Oberstar the table. on Ways and Means and ordered to be Cox Istook Obey Cramer Jackson (IL) Olver Stated for: printed: Crane Jackson-Lee Ortiz Ms. SOLIS. Madam Speaker, duirng rollcall To the Congress of the United States: Crenshaw (TX) Osborne vote No. 327 on H. Con. Res. 257 I was un- I am pleased to transmit legislation Crowley Jefferson Ose avoidably detained. Had I been present, I Cubin Johnson (CT) Otter and supporting documents prepared by Culberson Johnson (IL) Owens would have voted ‘‘yea.’’ my Administration to implement the Cunningham Johnson, E. B. Oxley Mr. FILNER. Madam Speaker, on rollcall United States-Australia Free Trade Davis (AL) Johnson, Sam Pallone No. 327, I was unavoidably detained in my Davis (CA) Jones (NC) Pastor Agreement (FTA). This Agreement Davis (FL) Kanjorski Paul Congressional District, and I missed the vote. adds an important dimension to our bi- Davis (IL) Kaptur Pearce Had I been present, I would have voted ‘‘yea.’’ lateral relationship with a steadfast Davis (TN) Keller Pence ally in the global economic and stra- Davis, Jo Ann Kelly Petri f tegic arena. This FTA will enhance the Davis, Tom Kennedy (MN) Pickering PERSONAL EXPLANATION Deal (GA) Kennedy (RI) Platts prosperity of the people of the United DeFazio Kildee Pomeroy Mr. COLLINS. Madam Speaker, I was not States and Australia, serve the interest DeGette Kilpatrick Porter DeLauro Kind Portman present for debate on the Energy and Water of expanding U.S. commerce, and ad- DeMint King (IA) Price (NC) Appropriations for Fiscal Year 2005 (H.R. vance our overall national interest. Diaz-Balart, L. King (NY) Pryce (OH) 4614), rollcall vote 320, a vote on the Previous My Administration is committed to Diaz-Balart, M. Kingston Putnam Question; rollcall vote 321, an amendment by securing a level playing field and cre- Dicks Kirk Quinn Dingell Kline Radanovich SANDERS; rollcall vote 322, an amendment by ating opportunities for America’s Doggett Knollenberg Rahall WILSON (NM); rollcall vote 323, an amendment workers, farmers, and businesses. The

VerDate May 21 2004 04:35 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A06JY7.030 H06PT1 July 6, 2004 CONGRESSIONAL RECORD — HOUSE H5167 United States and Australia already b 1915 explanation of the amendment to the enjoy a strong trade relationship. The REPORT ON RESOLUTION PRO- Committee on Rules in room H–312 of U.S.-Australia FTA will further open VIDING FOR CONSIDERATION OF the Capitol by 10 a.m. on Thursday, Australia’s market for U.S. manufac- H.R. 4754, DEPARTMENTS OF July 8. Members should draft their tured goods, agricultural products, and COMMERCE, JUSTICE, AND amendments to the text of the bill as reported by the Committee on Re- services, and will promote new growth STATE, THE JUDICIARY, AND RE- sources. LATED AGENCIES APPROPRIA- in our bilateral trade. As soon as this Members should use the Office of FTA enters into force, tariffs will be TIONS ACT, 2005 Legislative Counsel to ensure that eliminated on almost all manufactured Mr. LINDER, from the Committee on their amendments are drafted in the goods traded between our countries, Rules, submitted a privileged report most appropriate format. Members are providing significant export opportuni- (Rept. No. 108–583) on the resolution (H. also advised to check with the Office of ties for American manufacturers. Res. 701) providing for consideration of the Parliamentarian to be certain that American farmers will also benefit due the bill (H.R. 4754) making appropria- their amendments comply with the to the elimination of tariffs on all ex- tions for the Departments of Com- rules of the House. merce, Justice, and State, the Judici- ports of U.S. agricultural products. f ary, and related agencies for the fiscal The U.S.-Australia FTA will also year ending September 30, 2005, and for SPECIAL ORDERS benefit small- and medium-sized busi- other purposes, which was referred to The SPEAKER pro tempore (Mr. nesses and their employees. Such firms the House Calendar and ordered to be GINGREY). Under the Speaker’s an- already account for a significant printed. nounced policy of January 7, 2003, and under a previous order of the House, amount of bilateral trade. The market f the following Members will be recog- opening resulting from this Agreement ANNOUNCEMENT BY COMMITTEE nized for 5 minutes each. presents opportunities for those firms ON RULES REGARDING AMEND- f looking to start or enhance participa- MENTS TO H.R. 3574, STOCK OP- tion in global trade. TION ACCOUNTING REFORM ACT IRAQ’S TRANSITION: WHO ARE OUR ENEMIES AND WHY DO In negotiating this FTA, my Admin- Mr. LINDER. Mr. Speaker, the Rules THEY HATE US istration was guided by the negotiating Committee may meet this week to The SPEAKER pro tempore. Under a objectives set out in the Trade Act of grant a rule which could limit the amendment process for floor consider- previous order of the House, the gen- 2002. The Agreement’s provisions on ag- tleman from Oklahoma (Mr. COLE) is riculture represent a balanced response ation of H.R. 3574, the Stock Option Accounting Reform Act. The Com- recognized for 5 minutes. to those seeking improved access to Mr. COLE. Mr. Speaker, I rise today mittee on Financial Services ordered to speak about Iraq’s transition to de- Australia’s markets, through imme- the bill reported on June 15, 2004, and mocracy and what it holds for our fu- diate elimination of tariffs on U.S. ex- has yet to file its report with the ture. ports and mechanisms to resolve sani- House. tary and phytosanitary issues and fa- Mr. Speaker, like all Americans, I Any Member wishing to offer an was pleasantly surprised on June 28 cilitate trade between our countries, amendment should submit 55 copies of when the Coalition Provisional Author- while recognizing the sensitive nature the amendment and one copy of a brief ity transferred power to the Iraqi in- of some U.S. agricultural sectors and explanation of the amendment to the terim government 2 days ahead of their possible vulnerability to in- Committee on Rules in room H–312 of schedule. This was an important first creased imports. the Capitol by 10 a.m. on Thursday, step toward demonstrating that Amer- July 8. Members should draft their ica fulfills its promises. Iraq is again a The U.S.-Australia FTA also rein- amendments to the text of the bill, as forces the importance of creativity and self-governing sovereign state. reported, on June 15, the text of which However, with that said, we face technology to both of our economies. will be available later this evening on many challenges in the days ahead. the Agreement includes rules providing both the Committee on Financial Serv- The anti-democratic insurgency in Iraq for strong protection and enforcement ices’ and Committee on Rules’ Web is still a reality that we and the sov- of intellectual property rights, pro- sites. ereign and legitimate government of motes the use of electronic commerce, Members should use the Office of Iraq must confront every day. and provides for increased cooperation Legislative Counsel to ensure that Mr. Speaker, in dealing with this in- between our agencies on addressing their amendments are drafted in the surgency, we must first ask ourselves anticompetitive practices, financial most appropriate format. Members are the questions that opponents of the also advised to check with the Office of services, telecommunications, and war in Iraq often fail to raise: Who are the Parliamentarian to be certain their other matters. the insurgents? And why do they hate amendments comply with the rules of us and the new government in Iraq? The Agreement memorializes our the House. It is clear from studying this situa- shared commitment to labor and envi- f tion in Iraq, the insurgency is not ronmental issues. The United States ANNOUNCEMENT BY COMMITTEE made up of one group of people united and Australia have worked in close co- ON RULES REGARDING AMEND- around a common message. Rather, it operation on these issues in the past MENTS TO H.R. 2828, WATER SUP- is an insurgency based upon disparate and will pursue this strategy and com- PLY, RELIABILITY, AND ENVI- groups with differing and conflicting mitment to cooperation in bilateral RONMENTAL IMPROVEMENT ACT agendas. It is clear that we face an unholy al- and global fora in the future. Mr. LINDER. Mr. Speaker, the Com- liance of four different, but overlap- With the approval of this Agreement mittee on Rules may meet this week to ping, groups: Baathists, radical theo- and passage of the implementing legis- grant a rule which could limit the crats, transnational terrorists, and lation by the Congress, we will advance amendment process for floor consider- common criminals. U.S. economic, security, and political ation of H.R. 2828, the Water Supply, Each of these groups has differing ob- interests, and set an example of the Reliability, and Environmental Im- jectives. The Baathists yearn for the provement Act. The Committee on Re- benefits of free trade and democracy day that they once again can control sources ordered the bill reported on Iraq. This Fascist party formed the for the world. May 5 of 2004 and filed its report with basis of the Hussein regime; and at its EORGE W. BUSH. G the House on June 25, 2004. THE WHITE HOUSE, July 6, 2004. core it is corrupt, brutal, and anti- Any Member wishing to offer an democratic. amendment should submit 55 copies of The radical theocrats and fundamen- the amendment and one copy of a brief talists, like Moqtada al Sadr, desire

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A06JY7.034 H06PT1 H5168 CONGRESSIONAL RECORD — HOUSE July 6, 2004 the installation of a revolutionary the- common criminals, is that none of about 17 percent; the year before that, ocratic government like that of Iran. them offer an attractive future for the 19 percent; the year before that, 20 per- Such a government will most certainly Iraqi people. None of these groups cent; and the year before that, 18 per- be anti-democratic and inherently re- could compete in open elections or at- cent, drug prices had gone up. We pressive. Those who desire such a gov- tain power in a genuine democracy. passed a prescription drug bill to try to ernment do not have the support of the That is why they so fiercely oppose our deal with what seniors have said is the majority of Iraqis. efforts to create a free Iraq based on in- number one issue that affected them The foreign fighters and dividual liberty, tolerance, and demo- and their pocketbooks, which is that transnational terrorists can be divided cratic elections. they could not afford the medications into two categories: the first is al Mr. Speaker, our President is right: they need that their doctors were pre- Qaeda. The second is made up of dis- the key to victory in the war against scribing. parate radicalized Islamic groups. We terror is the spread of freedom and de- And let just take one step back. This know what the objectives of al Qaeda mocracy throughout the Middle East. Congress passed a prescription drug bill are, as September 11 so clearly dem- Our own security is intimately linked designed not with seniors in mind, but onstrated. It wishes to drag the Muslim to the success of democracy in this with HMOs and pharmaceutical compa- world into a war against the West. The troubled part of the world. The success nies. Just take their discount card for other foreign fighters are recruited by of democracy and self-government in a second: all this press around a dis- radicalized clerics and have a similar Iraq is the crucial first step to trans- count card the government was going vision of international jihad. forming and liberating the Middle to offer, 17 different plans. Some drugs The criminal elements in Iraq are un- East. That is why we must succeed in covered, other drugs not covered. And deniably part of the insurgency. While this critical battle of the forces of op- some drugs, when they are covered, many thousands were unjustly per- pression and terror in Iraq, and that is could get dropped a week later and peo- secuted in prisons under the Hussein why the opponents of the war in Iraq ple are locked into that plan. regime, many prisoners were also le- are so badly mistaken in their criti- Think about it. If one were designing gitimately criminals. Before the war cism of our current efforts. Success in a plan for senior citizens, if one were began, Saddam Hussein saw fit to re- Iraq will make America safer. designing a plan for the customer, lease a large number of these criminals Mr. Speaker, despite the claims of would they have designed that plan as to prey upon his own people. They form critics, we have made real and genuine is? No. The only reason that plan and part of those opposing the legitimate advances in Iraq. No one can deny the the discount card was designed that government and the coalition forces. significance of 16 new governing coun- way was because it was designed to Mr. Speaker, the follow-up question cils, 90 new district councils, 194 city or help the pharmaceutical industry and that many opponents of the war fail to sub-district councils, and 445 neighbor- the HMOs that had contributed over ask is, Why do these insurgents hate hood councils. Together these institu- $250 million in the last election cycle us? tions allow millions of Iraqis to engage and hired over 900 lobbyists to lobby Mr. Speaker, the answer to that in local policy discussions for the first that bill. That bill was not designed question is clear and straightforward. time in history. These are clear ad- with senior citizens in mind. It was not Our opponents hate us, the coalition, vances which will empower Iraqis to designed to try to save them money. not because of what we do, but because control their own destiny. Through That bill, that legislation and the dis- of who we are. We represent individual building democratic and free institu- count card, was designed for the people liberty and democracy, two values that tions, Iraq will be free; and America who paid for it. our terrorist opponents neither under- will be safe. We have a piece of legislation that stand nor accept. f was passed here in the House that dealt If we take the time to examine each with allowing people to do what people of these four insurgent groups, we will ORDER OF BUSINESS have been doing and senior citizens find their opposition to the coalition is Mr. EMANUEL. Mr. Speaker, I ask have been doing for the last 10 years, to built upon a rejection of individual lib- unanimous consent to take my Special buy the prescription drugs they need erty and democratic pluralism. The Order at this time. from Canada and Europe where prices Baathists, of course, have never sup- The SPEAKER pro tempore. Is there are 30 to 80 percent cheaper than they ported freedom or true democracy. objection to the request of the gen- are here in the United States, allowing, Thirty years of their regime amply tleman from Illinois? finally, the United States to have a demonstrated they believe in an Iraq There was no objection. free market where we have competi- ruled by a strongman like Saddam Hus- f tion and prices come down due to com- sein and plundered by his Fascist fol- petition. REIMPORTATION OF DRUGS lowers. I did a study on my Web site from The radical fundamentalists for their The SPEAKER pro tempore. Under a Costco, a discount retailer in my dis- part certainly do not believe in either previous order of the House, the gen- trict and a discount retailer in To- freedom or democracy, unlike their tleman from Illinois (Mr. EMANUEL) is ronto, Costco to Costco, Chicago to To- mainstream Muslim brethren. They recognized for 5 minutes. ronto; and the prescription drugs and clearly support a regime ruled by a re- Mr. EMANUEL. Mr. Speaker, just medications at the Costco in Toronto ligiously radical minority. In this re- last week the American Association of are 40 to 60 percent cheaper than they gime there will be no place for freedom Retired Persons released a study show- are in Chicago, the same medications or democracy. ing that drug prices rose in the last that we can find on the shelves in Al Qaeda, of course, will never stop year by nearly 4 percent in the first Costco in Chicago as on the shelves at hating us and despises the principles quarter of last year, putting us on tar- Costco in Toronto. And why is that? which we believe are essential to Iraq’s get for what has happened in the last 5 They have lower prices there. And sen- future. The other foreign fighters also years every year in a row where the ior citizens, 1 million to 2 million a aim to create a state that will pursue price of prescription drugs have risen year, go over the border to buy their a permanent jihad against the West. on average 17 percent each year com- medications that their doctors pre- This jihad is antithetical to values like pounded, growing the cost for our sen- scribe in Canada, saving themselves freedom and democracy. ior citizens, their families that help thousands upon thousands of dollars. Finally, the criminal element of the their grandparents and parents to af- They can do it in Europe where they Iraqi opposition is also opposed to the ford their drugs. And now that we have also provide medications. The same principles of freedom and democracy a prescription drug bill, it is going to things, the same types of medications precisely because these principles do also cost our taxpayers continuously that our doctors prescribe here, they not empower them. more and more money to try to pay for get at 50 percent cheaper. The great weakness of all these oppo- that medication. Why would we force our senior citi- sition groups, Saddamists, We have known for the last year zens into higher prices and our tax- transnational terrorists, theocrats, and prices were going to go up close to payers to pay higher prices to support

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.035 H06PT1 July 6, 2004 CONGRESSIONAL RECORD — HOUSE H5169 higher prices when we could allow the 1961, when he was the guest speaker at coaching is like a dog year, so Vince is free market to finally operate? my high school banquet for our foot- about 175 years old by that figure. I understand why the pharmaceutical ball team. He was the freshman coach I thought that Vince was just an ex- industry would pay about 200-some-odd at Auburn and friends with our coach, cellent representative of college foot- million dollars in the last year and Jim Loftin. That night, he made a ball. He was a leader in regard to the would hire 900-plus lobbyists. They three-win team feel like national Rules Committee, he worked on the have got a sweet deal going. They champions, just like Vince Dooley al- College Football Association, was a should fight for the deal they got. But ways did, always encouraging and al- very good person as far as compromise, we here fought on behalf of the people ways motivational. keeping people on an even keel, be- who elected us. Eighty-eight Repub- Three years later, he arrived in Ath- cause sometimes things got a little licans and 153 Democrats in the House ens, Georgia, as the new football coach heated. voted in favor of allowing reimporta- for the Georgia Bulldogs, and Athens Of course, Vince, I guess nobody tion, allowing people access to afford- would never be the same again. He knows for sure what his politics are, able medications at world-class prices took a three-win team from the pre- but his wife ran for Congress as a Dem- because people from around the world vious year and molded it into a 7–3–1 ocrat and then again as a Republican. come to America for their medical team, defeating Georgia Tech and win- So he obviously is a man who has a care; yet Americans are forced to go ning the Sun Bowl Championship over very even keel. I think Barbara was a around the world for their medications. Texas Tech. great asset to Vince, they are a great And we here in the House stood up to In the years to follow, Vince Dooley team. Of course, Vince has been a tre- the special interests. led Georgia to intersectional victories mendous asset to the University of Later this week, the other body is over Michigan, Texas, Notre Dame, Georgia, to college football, and, of going to take up that legislation. Hav- UCLA and Michigan State. In his 25 course, the State of Georgia. ing failed to deal with the number one years as head coach, he led the Bull- So it is a pleasure for me to have a issue of price and affordability of pre- dogs to six Southeastern Conference couple of minutes to talk about Vince. scription drugs, they are now going to championships, 20 bowl games and the We wish him well in his retirement. take up what we here in the House 1980 National Championship. Mr. ISAKSON. Mr. Speaker, I include have done, which is allowing people the His tributes, however, do not lie in for the RECORD the profile on Vince access to medications in Canada and in the trophies he collected, but rather in Dooley I referred to earlier. Europe where prices are much cheaper the lives he molded; men like Tommy VINCE DOOLEY Lawhorne, an undersized, over-achiev- for the same name-brand drugs, name- HEAD FOOTBALL COACH: 1964–1988; ATHLETIC brand drugs that we find in the shelves ing linebacker, now a leading surgeon DIRECTOR: 1979–2004 over there in Canada that we find here, in Columbus, Georgia; and Billy Payne, For the past 40 years, Vince Dooley has but 30 to 80 percent cheaper. an all Southeastern Conference end, re- had an enduring impact on the University of They are going to take up that legis- sponsible for convincing the world to Georgia, Southeastern Conference, and colle- lation because they now have spent come to Georgia for the Centennial giate athletics across the country. He has months talking to constituents, doing Olympic Games; or the greatest player been a man of great foresight in times of town halls, and they have found out ever to play for Georgia, or, I would charting the future, stability in times of what senior citizens have been telling submit, for any other university in the change, and vision in critical times that country, Hershel Walker. Only a coach have shaped the path of college athletics. His us for the last 6 years: they cannot af- national stature was reinforced when he was ford the medications that their doctors like Vince Dooley could instill the chosen from athletic leaders around the are prescribing. They are forced to pick character and humility for which country to chair a national sportsmanship between the medications and their Hershel is known. summit in the spring, 2003. food. They are forced to give up their There are thousands more I could There is no stronger indicator of Georgia’s month to allow their spouse to buy mention. They may not be in a Hall of overall athletic prominence than its recent their medications. They are forced into Fame, but they played for Vince success in the annual Sears Directors Cup cutting pills in half. Dooley. They all represent the char- which includes a second place finish in the 1998–99 season, third place finish in 2000–01, It is time that we allow the free mar- acter, humility and work ethic that Vince Dooley instilled in all that came and top ten finishes in four of the past five ket to operate, bring competition to years. Sears Directors Cup competition an- the pricing of prescription drugs and his way. We know them as Bucky nually recognizes the top athletic programs allow the prices to be driven down to Kimsey, Clayton Foster, Fred Barber, in the country. Under his watch as athletic world prices where they are 30 to 50 Andy Johnson and Frank Ros. Their director (since 1979), Georgia teams have won percent cheaper than they are here in communities know them as leaders. 18 national championships (nine in the past the United States. There is no greater tribute to a five years) including an unprecedented four man’s career than the success of those during the 1998–99 year (women’s swimming, f who learned under him. It is only fit- gymnastics, men’s tennis, men’s golf). Since b 1930 ting that the man replacing Vince Dooley became athletic director, Georgia athletic teams have also won 75 SEC team Dooley as Athletic Director is Damon TRIBUTE TO VINCE DOOLEY championships and numerous individual na- Evans, just one of many who played for tional titles in both men’s and women’s The SPEAKER pro tempore (Mr. Georgia’s greatest coach, Vince sports. GINGREY). Under a previous order of the Dooley. He has also been a standard-bearer for aca- House, the gentleman from Georgia Mr. Speaker, I yield to the distin- demic excellence. Under his leadership, more (Mr. ISAKSON) is recognized for 5 min- guished gentleman from Nebraska (Mr. than 100 Georgia student-athletes have been utes. OSBORNE), the former national cham- named first team Academic All-America, 43 Mr. ISAKSON. Mr. Speaker, I rise pionship coach of the Nebraska have received NCAA Post-Graduate Scholar- today to pay tribute to Vince Dooley Cornhuskers. ships, seven have been named recipients of upon his retirement as Athletic Direc- the SEC’s Boyd McWhorter Scholar-Athlete Mr. OSBORNE. Mr. Speaker, I thank of the Year award, seven NCAA Top Eight tor at the University of Georgia. I the gentleman for yielding. It is a Award winners, three NCAA Woman of the could use the time to recite the count- pleasure to be able to speak for a few Year recipients, and well over $275,000 has less achievements of this great Geor- minutes here on Vince Dooley. been awarded to the University’s general gian as a Coach and Athletic Director, I first met Vince in 1969, when he was scholarship fund through performances by but I will not. Instead, I will submit for coaching at the University of Georgia Georgia student-athletes. the RECORD a 4-page resume outlining and I was an assistant coach at the In 1985, Dooley was also instrumental in Coach Dooley’s lasting contributions University of Nebraska, and I was im- fostering the pledge which has resulted in $2 to the University of Georgia. pressed by his humility, his willingness million being contributed by the Athletic Association to the University—the principle I prefer to use this time telling to talk to a lowly assistant coach. Of being used for non-athletic scholarships and America about the man who made such course, 24 years as a head coach and 25 the interest used in the recruitment of top a difference in so many lives, including years as Athletic Director is unprece- students and other nonathletic programs. my own. I first met Coach Dooley in dented. Many people say one year in These funds also provided private matching

VerDate May 21 2004 04:35 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.036 H06PT1 H5170 CONGRESSIONAL RECORD — HOUSE July 6, 2004 money which made possible the construction classes at the University in such disciplines flashpoint, were recently able to reach of the chemistry building expansion and the as history, political science, art history, and a bilateral confidence building agree- Performing and Visual Arts Center. And as horticulture. ment on nuclear weapons. Meanwhile, part of the University’s Third Century Cam- Dooley is married to the former Barbara the Bush administration enthusiasti- paign, he also initiated the Vincent J. Meshad of Birmingham. They have four chil- cally jumps into the nuclear arms race. Dooley Library Endowment Fund which was dren; Deanna (Mrs. Lindsey Cook), Daniel created with Coach Dooley’s personal gift of (married to the former Suzanne Maher), They believe the only good defense is a $100,000 to the University library. Under his Denise (Mrs. Jay Douglas Mitchell), and buildup of new nuclear weapons, which leadership, the Fund raised over $2.3 million. Derek (married to the former Allison Jef- happens to violate the Nuclear Non- In addition to his commitment to Geor- fers). The Dooleys also have ten grand- proliferation Treaty that the United gia’s athletic facilities, he was instrumental children: Patrick, Catherine and Christopher States signed in 1970. in the Athletic Association’s participation in Cook; Michael and Matthew Dooley; Ty, Joe They believe that the only good de- the University’s Ramsey Student Activities and Cal Mitchell; and John Taylor Dooley fense is a gigantic offense. But just Center, a facility rated by Sports Illustrated and Peyton Dooley. how strong does our Nation need to be? in 1997 as the top student physical activities FAST FACTS ON VINCENT DOOLEY building in America. It cost more than $35 We already have 9,000 strategic nuclear million, over $7 million of which was funded Program success—In NACDA’s Director’s warheads. How many of these weapons by the Athletic Association including $2 mil- Cup Competition that recognizes the top ath- of last resort do we require in order to lion in advance to begin the project. The letic programs in the nation, Georgia has be secure; how much money do we need complex, which hosted the 1999 NCAA Wom- finished as follows over the last five years: to spend; how much money do we need en’s Swimming and Diving Championships 2001–02—7th; 2000–01—3rd; 1999–2000—12th; to spend on nuclear weapons; how and the 2002 NCAA Men’s Swimming and 1998–99—2nd; 1997–98—8th. Standard bearer for academic excellence— much more dangerous must we make Diving Championships, includes competition the world; and how many domestic pri- facilities for varsity swimming and over 100 Academic All-Americans; 43 NCAA volleyball and practice arenas for basketball Post-Graduate Scholarship recipients; seven orities must we neglect before we de- and gymnastics. NCAA Top Eight Award winners; seven SEC cide that enough is finally enough? His community service and charity work is Boyd McWhorter Scholar-Athlete of the Year There has to be a better way, a more extensive and includes work with the Heart winners; three NCAA Woman of the Year sensible way, an approach that, to use Fund, Multiple Sclerosis, Juvenile Diabetes, winners, more than any school in the coun- Abraham Lincoln’s words, calls on the Boy Scouts, the homeless, and he is cur- try. better angels of our nature, Mr. Speak- rently serving on the Advisory Board of the Hall of Fame Football Coach—Inducted er, there is. Salvation Army. He has served 28 years as into College Hall of Fame in 1994; 25 seasons I have introduced H. Con. Res. 392 to the long-standing chairman of the Georgia (1964–88); 20 bowl games; 201 victories ranked create a SMART Security Platform for Easter Seals Society and in 1987 was named third nationally among active coaches at National Volunteer of the Year for his serv- time of his retirement; 1980 National Cham- the 21st Century. SMART stands for ice. For his many contributions, a new pionship; six SEC Championships (1966, 68, 76, Sensible, Multilateral, American Re- Easter Seals facility in Atlanta was built 80, 81, 82); 1980 and 82 NCAA National Coach sponse to Terrorism. SMART treats and named for him in 1990. He and his wife, of the Year; SEC Coach of the Year seven war as the absolute last resort. It Barbara, are currently co-chairing a fund- times; State of Georgia Sports Hall of Fame; fights terrorism with stronger intel- raising campaign to establish a Catholic State of Alabama Sports Hall of Fame; Sun ligence and multilateral partnerships. high school in the Athens and northeast Bowl Hall of Fame; Georgia-Florida game It aggressively invests in the develop- Georgia area. Dooley, who was instrumental Hall of Fame; Chick-fil-A Peach Bowl Hall of ment of impoverished nations. It con- in the University’s campus being designated Fame. trols the spread of weapons of mass de- as an arboretum, was presented with the Award winning athletic director—2000 Georgia Urban Forest Council’s 2001 Indi- Georgia Trend Magazine Top 100 Georgians struction, with a renewed commitment vidual Achievement Award given for signifi- of the Century; 2001 Amos Alonzo Stagg to nonproliferation. And instead of cant accomplishments in promoting urban Award from American Football Coaches As- saber rattling, instead of employing ir- forestry in Georgia. sociation for lifetime contributions to the responsible rhetoric, like ‘‘axis of He served six years on the Advisory Com- sport of football; 2001 NACDA Division 1-A evil,’’ the SMART nonproliferation ap- mittee to the Atlanta Olympic Organizing Southeast Region Athletic Director of the proach calls for aggressive diplomacy, Committee and was in Tokyo with his Year; 1984 ‘‘Georgian of the Year’’ by the strong regional security arrangements former player, ACOG president Billy Payne, Georgia Association of Broadcasters; 1984 and vigorous inspection regimes. when Atlanta won the bid to host the 1996 ‘‘Sports Administrator of the Year’’ by the SMART security means the United Games. Through his efforts and association State of Georgia Sports Hall of Fame. with Payne, Dooley helped secure for Athens States will set an example for the rest f and the university three Olympic venues of the world by renouncing the first use (soccer, volleyball, and rhythmic gym- SMART SECURITY AND of nuclear weapons and the develop- nastics) which was the largest number of NONPROLIFERATION ment of new nuclear weapons. SMART events in a city outside Atlanta. Dooley was security requires that the United selected as a flame bearer in the 1996 Sum- The SPEAKER pro tempore. Under a States honor its multilateral non- mer Olympics torch relay receiving the previous order of the House, the gentle- proliferation commitments. If we are flame from Payne in Sanford Stadium. He woman from California (Ms. WOOLSEY) going to throw our weight around, de- also chaired a $1.5 million fund raising cam- is recognized for 5 minutes. manding that other nations cease their paign for new Salvation Army facilities in Ms. WOOLSEY. Mr. Speaker, when it Athens. weapons programs, we had better make comes to nuclear weapons, the policy sure we are meeting our obligations Another honor came Dooley’s way in June, of this administration looks like it was 2001, when he was named the Division 1–A under the Nuclear Nonproliferation Southeast Region Athletic Director of the just pulled out of a 20-year-old time Treaty, the Comprehensive Test Ban Year by the National Association of Colle- capsule. More than a decade after the Treaty, the Biological Weapons Con- giate Directors of Athletics (NACDA) and fall of Soviet communism, President vention and the Chemical Weapons award sponsor Continental Airlines. Bush and his national security team Convention. Dooley was born into an athletic family in are still fighting the Cold War. Their Under SMART, we would invest fully the Alabama coastal city of Mobile, Sep- budget called for more than $100 mil- in the Cooperative Threat Reduction tember 4, 1932. His younger brother Bill, lion for research and testing of new nu- former head football coach at North Caro- Program, the CTR, an innovative part- lina, Virginia Tech, and Wake Forest, was an clear weapons, including the robust nu- nership in which the Pentagon is work- All-SEC guard at Mississippi State in 1954. clear earth penetrator and a so-called ing with the former Soviet Union to After graduating from McGill High in Mo- low yield nuclear weapons program. dismantle the nuclear weapons that bile, Dooley accepted a football scholarship Fortunately, the Subcommittee on were once aimed at our cities. CTR is to Auburn where he was an all-star football Energy and Water of the Committee on critical to controlling the loose nu- and basketball player. He received his Bach- Appropriations lives in the year 2004 clear materials that are scattered elors Degree in Business Management (’54) with the rest of us, and initially has re- throughout the former Soviet Union, and Masters in History (1963). After serving jected these requests. in the Marines and as an assistant coach at keeping them from falling into the Auburn, he was named head coach of the Even India and Pakistan, two nations hands of rogue nations or terrorist Bulldogs in December, 1963, at the age of 31. mired in generations of conflict, whose groups. Dooley still maintains his academic and con- shared border has been called the Think about the price we have al- tinuing education interests by auditing world’s most dangerous nuclear ready paid to control weapons of mass

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A06JY7.035 H06PT1 July 6, 2004 CONGRESSIONAL RECORD — HOUSE H5171 destruction in Iraq, weapons that do what the foreign courts are ruling and administration’s response is to label not even exist: Hundreds of American what they are deciding. science as fiction and then work to un- lives lost, thousands of Iraqi lives lost, Now, I am sad to say, we have Mem- dermine environmental protection. We thousands and thousands, in fact over bers of this body who simply do not unknow the sources of pollution. Coal- 25,000 American soldiers injured, and derstand what ‘‘sovereignty’’ means, fired power plants and diesel trucks are hundreds of billions of dollars spent. and how ironic is that at a time when two big culprits. We know how to clean Should we not be investing in elimi- we are celebrating sovereignty in the up the air. What does the administra- nating a genuine nuclear threat? And country of Iraq, we just celebrated tion do? Choose polluters over people. we ought to be applying the lessons of Independence Day in this country, and Choose polluters over protection. The CTR’s success in Russia to dealing with Members of our own body do not grasp administration wants to let oil rigs Iran and North Korea. that simple concept. into the pristine Arctic National Wild- Mr. Speaker, SMART security is an Mr. Speaker, when I was sworn in life Refuge. The oil companies cannot example. It is tough, but it is diplo- here 18 months ago, I swore an oath to wait. The only thing greater than matic; it is aggressive, but peaceful; it uphold the Constitution. I think that is America’s greed for oil is the insatiable is pragmatic, but idealistic. a good idea, to have that oath, to swear desire for profits by oil companies. Certainly there must be an ‘‘F’’ word f to uphold the Constitution. I think it might be a good thing if other Members that applies when oil companies post INDEPENDENCE DAY REPLAY OF of this body remembered why they are 300 percent profits. The administra- 2000 here. tion’s civilian leaders must have lots of ‘‘F’’ words when the world first learned The SPEAKER pro tempore. Under a f previous order of the House, the gen- about the prisoner abuse scandals in CRITIQUING THE ADMINISTRATION tleman from Texas (Mr. BURGESS) is Iraq. First they denied knowing any- recognized for 5 minutes. The SPEAKER pro tempore. Under a thing. That was followed by media rev- Mr. BURGESS. Mr. Speaker, coming previous order of the House, the gen- elations of what they knew and ap- back into town today and picking up a tleman from Washington (Mr. proved in advance. The Geneva Conven- copy of one of the local papers, I read MCDERMOTT) is recognized for 5 min- tions was something to embrace, not the headline, ‘‘Members Seek UN Elec- utes. follow. That is the bottom line of the tion Monitors.’’ Quoting from today’s Mr. MCDERMOTT. Mr. Speaker, if internal White House memos. Roll Call, ‘‘a dozen Democratic House the last speaker had ever traveled out- Need something else to use the ‘‘F’’ Members last week called on the side the United States, he might under- word? The administration has launched United Nations to send monitors to stand why it is that every country in an undeclared draft in America. The undeclared draft compels current and oversee November’s U.S. presidential the world wants George Bush replaced. former soldiers to fight in Iraq, even if election.’’ Mr. Speaker, I am going to rise today Mr. Speaker, I submit that I was as- to address the policies of this adminis- they have already served. The undeclared draft uses rhetoric to mask tounded to read that in the paper tration. I intend to use the ‘‘F’’ word, reality. The military does not have today. It seems that there are people in so be forewarned. enough soldiers. The administration this House who cannot get over the During the administration’s watch, knows they will be thrown out of office facts of the election that was held in America has lost nearly 2 million jobs if they told America the truth. So the the Year 2000, and the facts are that in the private sector. Through no fault undeclared draft is called something George W. Bush won that election. He of their own, Americans who are out of else for now. Wait till after the elec- won it in the constitutionally pre- work cannot find a job. The administration’s response is to classify flipping tion if George Bush wins. scribed manner of a majority of elec- The veterans seeking health care, the toral votes; he won on election day; hamburgers as a manufacturing job. We could have helped Americans administration has a new plan. Bring and he won on every single recount weather the storm by extending unem- your checkbooks and get in line. The held thereafter, until the Supreme ployment benefits, but the administra- administration wants to cut hundreds Court said enough recounting 34 days tion turned a deaf ear. of positions in the VA. They want vet- later, and the counts were stopped. Health care costs have skyrocketed erans to pay even more of the financial But the President even won in the in America, up to an average of 49 per- burden for the purchase of prescription Miami Herald’s recount that came out, cent in 3 years. One in seven American drugs, and it wants veterans to pay a I forget, in February or March of 2001, families are struggling to pay medical new enrollment fee. The administra- well into the President’s first term. bills, families are being forced to tion’s proposed budget for the VA is The Miami Herald finally acknowl- choose between food, housing and med- $2.5 billion too low, but that is nothing edged the fact that indeed George Bush icine. Unpaid medical bills are a lead- compared to what the administration had won Florida’s electoral votes and ing cause of personal bankruptcy. intends to do to education in title I had indeed won the election. So what does the administration do? funding which helps disadvantaged kids Those 34 days of transition time were Provide health care for everybody in across America. This administration critical to the start of this administra- Iraq; muzzle the expert who knows underfunds title I by over $7 billion tion. We had an economy that was what the prescription drug bill would next year. headed into a recession, and, as we really cost; and passes a drug bill for Half of every eligible school district found out later in that year, we had en- seniors after drug companies raise in America will receive less grant emies of this country who were gath- prices three times the rate of inflation, money. The need is greater, but that ering strength and preparing to attack negating any possible benefit from a does not matter. Only the rich have this country. Thirty-four days in tran- prescription drug card. There is an ‘‘F’’ strong advocates in this administra- sition were critical days that were lost. word in there someplace. tion. But now comes this group who says Today, one out of every three Ameri- From education to the environment, that the events of the 2000 election are cans breathes unhealthy air. Thanks to from veterans to health care, from the so serious that UN monitors are re- this administration, existing rules are economy to forced military service, quired on U.S. soil to monitor our elec- being rolled back so that old, dirty from moral leadership to global credi- toral process. power plants can keep belching their bility, one word applies to this admin- Mr. Speaker, I will tell you that the pollutants into the atmosphere. The istration: the ‘‘F’’ word, failure, the ad- constituents of my district just simply American Lung Association calls it the ministration’s failure to create jobs do not understand what goes on in most harmful and unlawful air pollu- that Americans want and deserve; the Washington, D.C. We have a candidate tion initiative ever undertaken by the administration’s failure to protect our for the highest office in this land who Federal Government. land, air, water, and people; the admin- says that foreign leaders would prefer istration’s failure to confront military him to be the President. b 1945 reality; the administration’s failure to Mr. Speaker, we have got a judicial 100 million Americans live in places invest in our future leaders; the admin- branch that seems to keep its eye on where the air is not fit to breathe. The istration’s failure to address the needs

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.038 H06PT1 H5172 CONGRESSIONAL RECORD — HOUSE July 6, 2004 of those who earn less than a million this year being spent to pay interest on tleman from New Jersey (Mr. HOLT) is dollars a year; the administration’s what we are borrowing to accommo- recognized for 5 minutes. failure to retain America’s moral lead- date the overzealousness of this body, Mr. HOLT. Mr. Speaker, today the ership in the world and our moral com- the Senate, and the White House for House of Representatives did a good passion at home. the last 25 years to spend more and deed. The House passed a bill that I had The Vice President used the other more money, trying to solve more and introduced nearly 2 years ago known as ‘‘F’’ word on the floor of the U.S. Sen- more problems. the Private Relief bill, which will allow ate. It showed a blatant disregard for a That 14 percent of the total spending Duri Hasan and her four daughters who distinguished Senator. It showed a bla- represents approximately $300 billion a live in Milltown, New Jersey, to fulfill tant disrespect of the American insti- year; and if you realize that interest the dream that brought them to Amer- tution. It showed a blatant disrespect rates are going up and at the same ica. for being an American when dissent time we are increasing the deficit, that Nearly 3 years after the murder of keeps the strong free. The ‘‘F’’ word means increasing the debt, that means their husband and father in a post-9/11 applies to the administration. Failure increasing the interest that we are hate crime, Duri, Asna, Anum, Nida in every way. going to have to pay on that debt, it and Iqra received welcome and overdue f just leaves our kids with a huge re- news from the House of Representa- sponsibility, to the extent that their tives. Today, this body has helped ELECTION YEAR standard of living is going to be less them take a huge step toward putting The SPEAKER pro tempore (Mr. than ours if we continue to do what we the tragedy of September 15, 2001, be- GINGREY). Under a previous order of the have been doing, and that is over- hind them and put them back on track House, the gentleman from Michigan spending. for American citizenship. I hope the (Mr. SMITH) is recognized for 5 minutes. And I suggest increasing taxes is not Senate will move quickly on this. Mr. SMITH of Michigan. Mr. Speak- the right way to accommodate that I am very thankful to my colleagues er, you know, we are certainly in the overspending. Right now businesses are on both sides of the aisle for their sup- campaign season of an election year; charged 18 percent more than the in- port of this bill and for the scores of and I think everybody, Mr. Speaker, dustrial countries that we compete citizens, activists, and religious leaders needs to be on guard for the talent to with. around the country who have supported spin. And I am reminded of a cartoon They pay 18 percent more in taxes in this. that was in our paper recently. And this country than other countries. So For any of my colleagues who are un- there were four figures, and the first to simply say we are going to increase familiar with the Hasan family, let me figure said, ‘‘Gas prices are going up.’’ the taxes and put our businesses at a recall their tragic and heroic story. I And the next figure says, ‘‘Yeah. That greater competitive disadvantage think my colleagues will agree it is a is President Bush trying to give his means that there is a greater likeli- true American epic filled with hopes friends in the oil industry more income hood that other countries are going to and dreams, tragedy and hardship, and, and more money.’’ And the next figure undersell us, that are going to produce thankfully, today, compassion in the said, ‘‘Well, look, gas prices are coming those products. It means that compa- form of a chance. down.’’ And the next figure says, nies in this country, to survive, are Waqar Hasan came to the United ‘‘Yeah. That is President Bush trying going to do more of their business over- States in 1993 from Pakistan in search to buy our votes.’’ seas. Let us not solve our problems by of a better life for his family. A year So I just challenge, Mr. Speaker, ev- increasing taxes. later, he brought his wife, Let me finish, Mr. Speaker, by talk- erybody in America to brace them- Durreshahwar, or Duri we know her as, ing about overpromising. It is easy for selves probably for the most television and their four daughters. The family a politician to go back home to their ads they are going to see ever in this settled in Milltown, New Jersey, where districts or their States and say, well, election. And you know what is encour- they had relatives. Waqar supported you have some problems; I am going to aging is people in this country have a the family working in a gas station in come back in Congress, and we are lot of what I call common sense that the area. In the fall of 2001, he was in going to push to solve that problem sort of comes from the gut. So I sug- simply by increasing taxes to accom- Dallas to establish a convenience store. gest to everybody, size up the can- modate you, or maybe not even in- He planned to move his family there didates. Do what is right for our future. creasing taxes; maybe just making after the business got off the ground. You know, some people down here However, on the night of September propositions. suggest that the way to have a bal- The economists use the words ‘‘un- 15, 2001, just 4 days after the vicious 9/ anced budget is to increase taxes. Some funded liabilities’’ to describe how 11 attacks, Mark Anthony Stroman people suggest the way to balance the much we have promised over and above walked into Waqar Hasan’s conven- budget is to reduce spending. Whatever the revenues coming in to pay for those ience store in Dallas and shot the 46- it is, I think we need to be very cog- promises. I would ask people to guess year-old father to death. When asked nizant of what we are doing to future how much unfunded liabilities are now by police why he shot Waqar, Stroman generations with overspending. projected by the Medicare and Social expressed no remorse: ‘‘I did it to re- This year, even with the job growth Security actuaries. The answer is $73.5 taliate on local Arab Americans or and the expanded economy that is trillion. That means that we would whatever you want to call them,’’ he going to result in an estimated $100 bil- have to have $73.5 trillion into a sav- said. ‘‘I did what every American want- lion less overspending, less deficit ings account, earning as much interest ed to do, but didn’t.’’ Stroman is now spending than was earlier predicted, we to accommodate inflation, to pay for on death row. are still leaving a huge mortgage to what is not coming in in the payroll Mr. Hasan was very much a victim of our children and our grandchildren. I tax in future years. It is not fair. It is the attacks of 9/11, and his death was a want to talk about just two issues in moving away from the principle of hate crime if ever there was one. that regard as we face the next several those that work hard, that try, that Before his death, Waqar had taken weeks of deciding how much we are study and invest end up better off than steps for him and his family to become going to spend in the appropriation those that do not. American citizens. He was in the bills, in the overspending and what it I would suggest, Mr. Speaker, in clos- United States on an immigrant visa does to our kids, right now. ing, that it is important in this elec- and was going through the paperwork And interest rates of course just tion year that the people of America towards citizenship. When he was bru- went up a quarter of a percent last size up their candidates. tally killed, his family’s American fu- week. It looks like before the end of f ture was placed in jeopardy. Their the year they are going to go up again visas and green card applications were a little bit. Fourteen percent of total H.R. 867, HASAN PRIVATE RELIEF both dependent upon his visa. When he Federal spending now goes towards BILL died, their hopes of American citizen- servicing the debt. So here is 14 percent The SPEAKER pro tempore. Under a ship died with him. The Hasan family of the $2.3 trillion that is being spent previous order of the House, the gen- had lost their husband, father, and

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.040 H06PT1 July 6, 2004 CONGRESSIONAL RECORD — HOUSE H5173 breadwinner in a most horrible way; b 2000 ments of the fight. Without orders, and now, they were facing the threat of The SPEAKER pro tempore (Mr. Staff Sergeant Sikes quickly rallied two of his squads and set them into po- deportation. GINGREY). Under a previous order of the Mrs. Hasan and her teenage daugh- House, the gentleman from Oregon (Mr. sition to suppress the enemy and pre- ters think of themselves as Americans. pare them to counter attack. With the BLUMENAUER) is recognized for 5 min- The daughters are growing up here. squads in position, Staff Sergeant utes. Mrs. Hasan and all but the youngest Sikes charged alone across the 70 me- (Mr. BLUMENAUER addressed the daughter hold down jobs to make ends ters of fire swept ground to close on House. His remarks will appear here- meet. One daughter attends Rutgers. the first enemy strongpoint, which he after in the Extensions of Remarks.) Another daughter is studying at Kean cleared with a grenade and rifle fire. College to become a teacher. They are f Moving to the roof of a three-story the type of hard-working, reverent, pa- The SPEAKER pro tempore. Under a building that was exposed to enemy triotic, studious, industrious people previous order of the House, the gen- fire, Staff Sergeant Sikes skillfully ad- that we want here in America; and tleman from Oregon (Mr. DEFAZIO) is justed 60-millimeter mortar rounds they deserve to stay. recognized for 5 minutes. onto nearby enemy positions. The For the past 21⁄2 years, I have been (Mr. DEFAZIO addressed the House. rounds isolated the town from enemy working with government agencies to His remarks will appear hereafter in reinforcement and decimated an enemy keep the Hasan family in this country. the Extensions of Remarks.) position in the nearby tree line. Upon I have pursued and exhausted every f learning that the other squad had possible legal remedy to help the Hasan taken causalities, Staff Sergeant Sikes family stay. My Private Relief bill is OUR GREATEST RESOURCE moved to their position. With wounded the Hasan family’s last hope of attain- The SPEAKER pro tempore. Under Marines in a small compound, cut off ing permanent legal residency and the Speaker’s announced policy of Jan- by the enemy, Staff Sergeant Sikes sig- eventually citizenship. Today, the uary 7, 2003, the gentleman from Cali- naled an amphibian vehicle and di- House of Representatives passed that fornia (Mr. HUNTER) is recognized for 60 rected their evacuation while under a bill. minutes as the designee of the major- hail of small arms and rocket propelled Mr. Speaker, I believe that there is ity leader. grenade fire. By his bold leadership, no more crucial time to demonstrate to Mr. HUNTER. Mr. Speaker, I thought wise judgment, and complete dedica- Muslims in America and around the we would talk tonight about several tion to duty, Staff Sergeant Sikes re- world that we are a tolerant and sym- things, about our recent several flected great credit upon himself and pathetic people. We must seize oppor- CODELs to Iraq, to the theater, and upheld the highest traditions of the tunities to showcase America’s com- also about the defense bill, and lastly, Marine Corps and the United States mitment to the democratic values that about the resources, the great Amer- Naval Service.’’ we are making great sacrifices to pro- ican asset that ties all of our defense That is one of many, many com- mote overseas. issues together, and that is the men mendations, Mr. Speaker, that have This bill, of course, does not make and women who wear the uniform of come out of Operation Iraqi Freedom. everything all right. Duri Hasan and the United States. Here is another citation that I thought her daughters have lost their husband I thought, Mr. Speaker, maybe I I would read tonight. This is a Navy and father. Their lives have been given would just start off with my great col- and Marine Corps Commendation a severe blow. But with this bill, we leagues, the gentleman from North Medal to Staff Sergeant Brian Porter, United States Marine Corps for heroic avoid doing any further injury to them. Carolina (Mr. HAYES) and the gen- achievement while serving as tank I am very pleased to report the happy tleman from South Carolina (Mr. WIL- commander, 3D Platoon, Company B, news to the Hasan family to whom SON), in just talking about a couple of 1st Tank Battalion, Regimental Com- today we here in the House have said, those great men and women in uni- bat Team 7, 1st Marine Division in sup- You belong here in America with us. form. port of Operation Iraqi Freedom. ‘‘Staff f I wanted to read a citation, Mr. Sergeant Porter’s actions against the The SPEAKER pro tempore. Under a Speaker, because we have had a lot of enemy were quick and deadly. Upon previous order of the House, the gentle- talk, lots of discussion and enormous initial contact with the enemy near woman from New York (Mrs. MCCAR- publicity about the prison mess over Imam Anas with two of four tanks in THY) is recognized for 5 minutes. the last several months. And one way the platoon temporarily unable to fire, (Mrs. MCCARTHY of New York ad- we have countered that image that I dressed the House. Her remarks will he guided his tank to the right of the think has wrongfully been splashed platoon and destroyed an Iraqi T–55 appear hereafter in the Extensions of against lots of folks in uniform is by Remarks.) tank with main gun fire. He personally talking about the great heroism of a engaged and destroyed numerous ar- f number of those people. And I remind mored personnel carriers and tanks to The SPEAKER pro tempore. Under a my colleagues that we had some 16,000 ensure the safety of the company. Dur- previous order of the House, the gen- Bronze Stars awarded in Iraq, some 127 ing a reconnaissance operation in Ad tleman from New Jersey (Mr. PALLONE) Silver Stars, and I thought that to- Diwaniyah, he secured the southern is recognized for 5 minutes. night just to start off I would talk flank of the company. During the ensu- (Mr. PALLONE addressed the House. about a couple of the commendations ing firefight involving mortar fire, ma- His remarks will appear hereafter in that have been given to heroes in that chine gun fire, and rocket-propelled the Extensions of Remarks.) very difficult theater in Iraq. grenade fire, he destroyed a technical f This is a Silver Star that was pre- vehicle that was firing upon the pla- The SPEAKER pro tempore. Under a sented by order of the Secretary of the toon at close range. Staff sergeant Por- previous order of the House, the gen- Navy to Staff Sergeant Adam R. Sikes, ter’s initiative, perseverance, and total tleman from Ohio (Mr. BROWN) is rec- United States Marine Corps. I wanted dedication to duty reflected credit ognized for 5 minutes. to read this, Mr. Speaker. upon him and were in keeping with the Mr. BROWN of Ohio addressed the ‘‘For conspicuous gallantry and in- highest tradition of the Marine Corps House. His remarks will appear here- trepidity in action against the enemy and the United States Naval Service.’’ after in the Extensions of Remarks.) while serving as Platoon Sergeant, 1st Mr. Speaker, these are obviously just f Platoon, Company G, 2nd Battalion, a few out of thousands of citations that The SPEAKER pro tempore. Under a 5th Marines, Regimental Combat Team have been given to our soldiers and air- previous order of the House, the gen- 5, 1st Marine Division, I Marine Expedi- men and Naval personnel and United tleman from Illinois (Mr. LIPINSKI) is tionary Force on 12 April 2003. During States Marines in theater in both Oper- recognized for 5 minutes. the Battle of At Tarmiyah, Staff Ser- ation Iraqi Freedom and in Operation (Mr. LIPINSKI addressed the House. geant Sikes’ platoon was pinned down Enduring Freedom. His remarks will appear hereafter in by heavy small arms and rocket pro- Mr. Speaker, if we have time at the the Extensions of Remarks.) pelled grenade fire in the opening mo- end of our special order, I would like to

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.042 H06PT1 H5174 CONGRESSIONAL RECORD — HOUSE July 6, 2004 read a few more of those. But right now months ago and was there with our Mr. WILSON of South Carolina. Mr. I would just like to introduce two of good friend, the gentleman from Mis- Speaker, I appreciate the chairman’s my great colleagues who also have souri (Mr. SKELTON) from the other leadership so much. We can all be been really working the issues that side of the aisle and the minority lead- proud of the gentleman from California arise from this operation in Iraq and er, the gentlewoman from California (Mr. HUNTER), as the chairman of the the operation in Afghanistan. I would (Ms. PELOSI), and they too share our re- Committee on Armed Services. With like to yield first to the gentleman spect for what they saw these men and his perspective as a veteran and with from North Carolina (Mr. HAYES). women doing. his devotion to the military, having a Mr. HAYES. Mr. Speaker, first let me As we were headed back we stopped son serving in Iraq now, by his extraor- thank my good friend and chairman of in Germany and visited our hospital at dinary leadership, I appreciate his the Committee on Armed Services, the Landstuhl. We saw a number of folks, coming and visiting Ft. Jackson last gentleman from California (Mr. but the one I particularly remember December. That was a highlight of my HUNTER), who spends every waking because he looked like my son, Bob, as brief career here in Congress, to see the hour and then some doing everything I walked in the door was Daniel gentleman firsthand meeting with he can to make sure our fine men and Metzdorf of the 82nd Airborne. He had troops getting ready to deploy over- women in uniform have the support, lost his leg. His concern was for the seas. They were so honored to have the the equipment, and the backing they rest of his team. As he came back and gentleman come and show his interest. has recovered, been at Walter Reed, he need. So we are all owing a debt of Mr. HUNTER. I want to thank the is a native of Florida but is back at Ft. gratitude to our chairman and to our gentleman. I just want to remind the Bragg now, his biggest concern was good friend, the gentleman from South gentleman that my job here is lots of that his squad leader was not given suf- Carolina (Mr. WILSON). He and I have a inside work and no heavy lifting. ficient recognition for the heroism that lot of common friends in this fight. The It is interesting, we do a lot of things he exhibited in saving other members gentleman from South Carolina (Mr. here that have some import and affect of his team when they were under at- WILSON) represents Ft. Jackson, a fine the ways our troops operate. But see- tack by the enemy and the terrorists. training facility, Parris Island, Marine So as I think of him and the counting those guys and ladies in 120 degree Beaufort Air Station. less other men and women, a couple of heat in Iraq and cheerful is an extraor- Every time I visit my troops at Ft. whom the gentleman has referred to in dinary experience. Bragg or Pope Air Force Base in North those citations, I think we must con- Mr. WILSON of South Carolina. They Carolina, I am constantly, continu- tinue to remind ourselves of how im- can be cheerful because they know ously and consistently amazed at the portant these sacrifices are. And these they have a chairman of the Com- attitude, the ability, the commitment, are not sacrifices made at the whim of mittee on Armed Services who is per- and the performance of these men and an individual or a Congress or a group sonally interested in their safety and women who ask but little in return ex- of people. If we look at the record, the security and in promoting democracy cept the support of this Congress and record is very clear from the past ad- and protecting the American people. the American people. ministration, from news media who Additionally, I am very grateful to be I have been to Iraq on a number of now seem to have an extremely dif- here with my colleague from the north, occasions. I was with the first group ficult time getting the facts right, re- the gentleman from North Carolina that went in. What our soldiers, sail- porting the actual conduct and the (Mr. HAYES). ors, Air Force, Marine and Coast progress and wonderful things that our I had an opportunity to visit with the Guardsmen put up with in terms of troops are doing for the people in Iraq, gentleman at Ft. Bragg and visit with conditions, the things that they did not but as we look at that it is very clear the Special Forces. It is so reassuring have but still came through, and won and consistent, we have no choice. If to see this new generation, to see how the fight in a remarkably short period we were to live up to the responsibil- dedicated they are. Many of us had of time with virtually no collateral ities of being a free and freer Nation, somewhat dismissed them as the damage to civilians and to other prop- then we had to step in and stop these Nintendo generation. Well, that is ac- erty is an incredible tribute to the terrorists abroad before they could tually very positive because the equip- servicemen and women that serve this come to us. ment that they use is so high tech, it is country. Mr. Speaker, I look forward to bring- crucial that they be able to operate President Bush said something in ing a few more of these facts to light as equipment that is almost inconceivable Istanbul, Turkey just a week ago, and we move on, but without dwelling too in terms of advances in just a few that was, In order to have justice, you long at this time, I would like to turn years, and particularly even over the had to have democracy. What our men over to a dear friend, the gentleman first Persian Gulf War, and the success and women in uniform are doing is pro- from South Carolina (Mr. WILSON). And of our troops and dedication is so heart viding for the Iraqi people and other we have supplied the gentleman with warming. surrounding nations the opportunity to Abe Turner from Ft. Bragg to look Additionally, I was happy to hear the see, to taste and to experience the de- after Ft. Jackson. So we are definitely gentleman from North Carolina (Mr. mocracy that equals freedom and ulti- a team and we work well together. HAYES) reference Pope Air Force Base. mately justice. That is what we want Mr. HUNTER. Mr. Speaker, I wanted I have a nephew who is currently still for people all around the world, the to say before the gentleman yields, I in the Air Force, and I am really proud privileges that we enjoy and, unfortu- know he has been to Iraq and we really that he served at Pope. But the per- nately, take for granted. appreciate that great tour, and also the spective I would like to make tonight As I have been to Iraq and as I have gentleman from South Carolina (Mr. is indeed as a veteran, I retired after 31 visited our soldiers in training facili- WILSON) has spent a lot of time in Iraq. years of service, it was last July, with ties, the amount of time and energy And I want to thank also the gen- my service with the Army National and effort that they put into making tleman from California (Mr. CALVERT), Guard, and I saw again firsthand the America safe, secure, and ultimately a great member of the committee, and capable people who are protecting our free is something that we can never the gentleman from El Paso, Texas country, because my job was as pre- repay. But I think for us to stand up (Mr. REYES) who was there with me mobilization legal counselor and addi- and to stand tall and talk about the over the last couple of weeks. So we tionally mobilization counseling. Peo- things that they are doing, whether it have had great members of the Com- ple did not whine. They knew, men and be in Fallujah, Baghdad, Najaf, mittee on Armed Services going over. I women, that they would be serving to Nasiriyah, and Afghanistan, these men think that gives us some insight of protect the American people. and women 24 hours a day, 7 days a what the troops need when we are put- week, are out there doing the things ting together our bill to get the tools that we call on them to do, tirelessly, so they can get the job done. b 2015 without any idea of selfishness. I thank the gentleman for his re- Additionally, I am happy to be the I cannot help but remember Daniel marks, and I yield to the gentleman parent of three sons who are serving in Metzdorf. I was in Iraq just a couple of from South Carolina (Mr. WILSON). the military. My oldest son is a young

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.049 H06PT1 July 6, 2004 CONGRESSIONAL RECORD — HOUSE H5175 attorney from Lexington, South Caro- that he believes a civil society can be olence, the young people still came to lina. He has been mobilized. He is serv- established in Iraq, and I believe that school, and they were brought by their ing in Iraq. I am in touch with him vir- we have seen in the past 10 days, since parents. tually every day by BlackBerry, by he took power and since the Prime I find this encouraging because we satellite phone. It is very reassuring. Minister took power on the 28th, that, know another fact is that there were 60 My second son is a graduate of the indeed, they are working to rebuild a million new textbooks distributed in naval academy, an ensign in the Navy. civil society in Iraq. the last year. This is incredibly impor- I am very proud of him being in med- Mr. HAYES. Mr. Speaker, if the gen- tant. The textbooks previously had ical school. tleman would yield, the gentleman been idolatrous of the dictator Saddam My third son was just commissioned from South Carolina (Mr. WILSON) and Hussein. They had virtually identified a month and a half ago at Clemson I were in on the same meeting, and him as a reincarnated Nebuchadnezer. University, in the Army ROTC; and he that was a wonderful opportunity. That was an insult to their intel- will have a career in the signal corps What he and I heard in terms of the ap- ligence; but if that is all they read, with the Army National Guard. preciation of the Iraqi people, the de- that is all they read, that is all they I am just so proud that they have on sire of their people and their govern- heard. their own seen that one of the best ment to be free, the incredible grati- Now, of course, we have all seen, as ways to promote our country is to tude that they feel towards our sol- we have visited, the satellite dishes. serve in the military; and then, finally, diers. Does the gentleman read any- Those were illegal under the Hussein as a Member of Congress, it has already thing like that in our national media? dictatorship. Those of us who have vis- been referenced by the gentleman from Does the gentleman hear that on the ited, everywhere we look we see sat- North Carolina (Mr. HAYES), I am very news at night? ellite dishes where it may not be all we grateful to represent Fort Jackson, What my colleague and I heard both want them to see, but they do have ably commanded by General Abe Turn- there and in Iraq, we do not hear it. choices that they did not have before. er. That is what the people of America So a civil society, I think, is being es- General Turner is so well known here need to hear and see, because that is tablished. in Congress because he was Army liai- true. That is what is happening in Iraq. Then the bravery that is exhibited. son to Congress and did a masterful That is the contribution. That is how The gentleman from Nevada (Mr. POR- job. I then ran into him, of all things, the people who are receiving this help, TER) was very interested that we visit in Kuwait where he was one of the particularly from men and women in a hospital; and we visited a hospital, leaders there and helping us protect uniform, that is the true response. and we visited with the American and promote our troops. Mr. WILSON of South Carolina. It troops, and we visited with Iraqi patri- Additionally, I represent the Marine really is, and particularly with Presi- ots. In particular, there was a city air station at Beaufort. We are very dent al-Yawer. He was so outspoken in councilman who was there who had proud of their service. It is a joint his appreciation for the dedication of been severely injured and his young Navy and Marine facility with squad- our young people, of families who have son was there, and he was telling us rons of both; and I also represent Par- lost heroes, who are protecting Amer- that his brother had been killed in the ris Island, where the training takes ican people; and it was just heartfelt. same attack a week ago prior to us place of our troops on the east coast, It was the same heartfelt feeling that meeting with him and that another and I have been there in 3 days of par- we actually did see, thank goodness, son, somebody had left a package at allel training; and it was an extraor- with President Hamid Karzai of Af- their home and when he picked it up, it dinary opportunity again to see the ghanistan, who was here about 3 weeks was a small bomb that blew his right dedication of these young people. ago to express the appreciation of the hand off. How brave that he persisted I also represent the Beaufort Naval people of Afghanistan for their libera- in trying to build a civil society. Hospital adjacent to McIntyre Air Na- tion and their ability now for probably tional Guard Base, Sully Air Force the first time in history to establish a It just brings to mind, particularly Base. I, again, over and over again, had civil society. here in the week of the 4th of July, of the opportunity to meet young people, When I say ‘‘civil society,’’ I am talk- the sacrifices of the persons who signed to meet people who are so dedicated in ing about one that looks out for the the Declaration of Independence. They protecting our country. people and the country, and one of the were not greeted with riches and with a Indeed, it was 2 weeks ago today that highlights was to meet with the min- warm response by the ruling elite at I had the opportunity to go on a dele- ister of health in Iraq. He had pre- that time. They lost so much, and now gation with the gentleman from Michi- viously been the minister of education, we have got people who are indeed pro- gan (Mr. HOEKSTRA) with the Perma- and he was telling us one by one of the moting the establishment of a democ- nent Select Committee on Intelligence, progress being made in regard to edu- racy. and we had the opportunity to meet cation. Mr. HUNTER. Mr. Speaker, I know with the incoming Iraqi police being Thousands of schools have been ren- both the gentlemen mentioned going trained. We had the opportunity to ovated. These are not elegant schools through the air base in Germany, meet with the new government offi- with gymnasiums. These are largely Ramstein Air Base, and going to the cials, the Prime Minister, Ayad Allawi, one-room schoolhouses that have been medical facility in Germany where our and also President Ghazi al-Yawer. It repainted, many of them by the Amer- wounded troops are taken before they was very encouraging. ican military, with desks and with are brought back to Walter Reed or Be- The Prime Minister is a real hero. He blackboards. In fact, 11⁄4 million book thesda; and in doing that this time, himself was a victim of Saddam Hus- bags were distributed to the young peo- just this last week, I was reminded sein’s attempted assassination a num- ple of Iraq from the United States very strongly about what we displaced ber of years ago. I have heard it de- Agency For International Develop- in Iraq when we got rid of Saddam Hus- scribed he was virtually cut in half, but ment. sein, because one of the lead surgeons he recovered. His wife, though, did not. Additionally, he told us that there there had a videotape that was done by She had a permanent nervous break- are 293,000 teachers in Iraq. What we Saddam Hussein’s agents as they am- down. And so we have a very brave per- hear when we read the paper is that putated the hands of businessmen who son serving as Prime Minister in Ayad people are unemployed. That is all we they brought to the prison and decided, Allawi promoting the people of Iraq to hear; but there are 293,000 teachers, and because Saddam Hussein had figured build a civil society. it was incredible to me. that they had not done enough for busi- Many of us had the opportunity, I asked the minister what is the per- ness lately and they had not brought thanks to the gentleman from Missouri centage of young people who are school the economy up sufficiently in Iraq in (Mr. BLUNT), to meet with President age going to school; and he told us it a certain period of time, he had their Ghazi al-Yawer. He is a graduate of was around 90 percent, maybe exceed- hands surgically amputated to give a George Washington University; and he ing 90 percent, and that, in fact, in little motivation to the other members announced to us that he is an optimist, April when there was an upsurge in vi- of the business community. I imagine

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.051 H06PT1 H5176 CONGRESSIONAL RECORD — HOUSE July 6, 2004 it did motivate them. It probably moti- anything about that anywhere near the Mr. HAYES. That is probably true. vated them to get out of there as front page, simply to make the point. The book is very accurate, very con- quickly as they could. Mr. HUNTER. No. In fact, you know cise, and there is also a condensed 7- or When I see the discussion about Iraq what I saw, The Washington Post had a 8-page article on where the connection peel off into some type of a debating front page article about the prison between terrorists around the world society over whether or not we have mess, and what they devoted the front was so clearly made and tied into Sad- found weapons of mass destruction and center to their front page on one dam Hussein, his government, and lately, I pull that picture out of my top day was that some prisoners in Guanta- their effort to promote, to build, and to drawer that has all those Kurdish namo had asked for sugar in their tea, harbor terrorists. So clear. So if any- mothers spread out across the hillside and they were told it was going to be a body has any doubt in their mind, sim- dead, where they were killed in mid- while before they got sugar for their ply read that article, which is in the stride holding their children, holding tea. So they thought that was quite an Weekly Standard, or read the book. their little babies, where that chemical abuse, and so instead of putting in an The evidence is clear. It cannot be de- hit them and appeared to kill them article about people who had their nied. just where they stood, and those pic- hands amputated by Saddam Hussein, Mr. WILSON of South Carolina. Mr. tures were as poignant and dramatic as they wanted to devote that very impor- Chairman, it should be pointed out any photos I saw of any of the death tant space to prisoners who did not get that, indeed, a certain gas projectile camps in Germany. sugar in their tea. was discovered, that is a chemical I was reminded once again of what we Mr. HAYES. The issue of weapons of weapon, and, additionally, mustard gas displaced when we displaced Saddam mass destruction, let me for just a mo- has been discovered, projectiles in the Hussein; and certainly, we are going to ment quote what the administration country of Iraq, which had previously have, as the years go by and more mass said about weapons of mass destruc- been in the jurisdiction, obviously, of graves are discovered and more people tion. Saddam Hussein. It was clearly indi- come forth with their stories, it is The New York Times reported No- cated that, of course, chemical weap- going to become very evident that the vember 14, 1997, in a meeting that the ons were being used against the Kurd- United States of America acted when White House was deciding to prepare ish population by Saddam Hussein. others were afraid to act, when they the country for war. According to the It is equally significant that the an- were intimidated or when they were Times, the decision was made to begin thrax that was never explained as to incentivized not to act because of eco- a public campaign to do interviews on what happened to it or where it may nomic situations, like the French who the Sunday morning television news be, could fit in the back of a medium- thought they were going to get all the programs to inform the American peo- sized U-haul, but yet it would be suffi- contracts for the big oil fields, and per- ple of the dangers of biological warfare cient to have a horrible impact. More haps others who thought that they and Saddam Hussein. than the known population on the East somehow would have a good political During this time, The Washington Coast could have been killed by such or economic relationship with Iraq. Post reported that President Clinton an attack if it were widely dispersed, The United States acted, and we specifically directed Secretary of De- which would be difficult, but we would acted on behalf of humanity because it fense Cohen to raise the profile of bio- not want to find out. That is why we is humanity which rejects cutting peo- logical and chemical threat. took this action. And this war in Af- ple’s hands off because they have not Again, I point out, this was the ghanistan, the conflict in theater in raised the economic standard; or shoot- former administration, not because of Iraq, this is to protect the American ing thousands of Shiites in the back of partisan politics but because of the people. the head and bulldozing them into open unanimous consensus that existed My colleague from California trenches because they would resist about the weapons of mass destruction. brought up our allies, but this needs to Saddam Hussein’s regime; or gassing On November 16, Cohen made a wide- be brought out. We have 32 nations Kurdish citizens in their little villages ly reported appearance on ABC’s ‘‘This that have sent troops to Iraq. I am par- in northern Iraq. That is resisted by Week’’ in which he placed a 5-pound ticularly grateful that 2 weeks ago I humanity, and the only nation which bag of sugar on the table and stated had the opportunity to meet a soldier really took action along with our great that that amount of anthrax would de- from Latvia. Not in our lifetime would British allies and Australia allies and stroy at least half the population in we ever dream that we would be meet- several others brought something to Washington, D.C. ing with a soldier from the Independent the battle but not a lot, was the United Cohen began his November 25 briefing Republic of Latvia, which is now a free States of America, and I think we can on the ‘‘Pentagon Report’’ by showing republic. Not any longer is it a forced all be proud of that leadership. a picture of a Kurdish mother and child member of the U.S.S.R., the Soviet It is going to be a rocky, tough road. that had been gassed by Saddam’s Union. Now Latvia itself is a member They live in a tough neighborhood, and Army. A bit later, standing beside the of NATO. there is lots of danger for that new gruesome image, he described death on It should also be noted, and it is just government to face. In fact, I think the a mass scale: one drop of vx nerve amazing how this is not picked up, biggest challenge for their armed agent on your finger will produce death when we express concern about NATO’s forces is, number one, just keep their in a matter of just a few moments. involvement, we should be pointing out government alive, because there are Now, the U.N. believes that Saddam that 16 of the 26 members in NATO lots of predators out there that want to may have produced as much as 200 tons have troops serving in Iraq today. I take them down. I think we are going of vx; and this would, of course, be want to particularly congratulate, be- to make it and we are going to have an theoretically enough to kill every man, cause I have worked very closely as the Iraq which is benign with respect to its woman, and child on the face of the co-chair of the Congressional Bulgaria relationship with respect to the United Earth. Caucus, I want to thank the Republic States, and that is going to accrue to He then sketched a massive chemical of Bulgaria. I had the opportunity in the benefit of lots of Americans in gen- attack on an American city, on and on Kabul, Afghanistan, to meet with the erations to come. and on. Bulgarian ambassador and commander I would be happy to yield to the gen- of Bulgarian troops serving in Afghani- tleman from North Carolina (Mr. b 2030 stan. HAYES). Steven Hayes has written, by the I am very pleased there is a battalion Mr. HAYES. Mr. Speaker, just a cou- way, no kin of mine. So I am not proof 495 Bulgarians serving in Iraq today. ple of quick points. moting my relative’s book. Not a rel- That is the largest foreign placement Again, the gentleman referred to the ative. I want to make that clear for the of troops in the nearly 1,300-year his- Iraqi businessmen whose hands were record. tory of Bulgaria. For the first time, cut off. They came here to the Capitol Mr. HUNTER. He may make that Bulgaria has invited a foreign country, of the United States of America and point to you when you try to get a part the United States, to establish a base had a press conference. I did not see of the royalty. in their country, an air base at Burgas.

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.052 H06PT1 July 6, 2004 CONGRESSIONAL RECORD — HOUSE H5177 This is incredible, because every other rope with SS–20 missiles and Ronald ploded to the point where the people base that has been established in Bul- Reagan started to push in ground who were the team that were neutral- garia has been done involuntarily, not launch cruise missiles and Pershing izing the shell got sick, there is always at the request of the national assem- missiles into Europe, the liberal com- a possibility that more shells are going bly. mentators across the world said, essen- to be taken out of that particular load So this is an historic time where, be- tially, now you have gone and done it; or cache of weapons. And that will be a cause of the veterans who have made we will never have peace with the So- danger to American troops. So I thank this possible, I believe there is a great- viet Union, and we have to get this the gentleman for bringing that point er spread of democracy today than in Ronald Reagan out of there. up. the history of the world. The way I Yet, by meeting the strength of the Mr. ABERCROMBIE. Mr. Speaker, I phrased it, too, I have had the oppor- Soviet Union with American strength, wonder if my chairman would kindly tunity to visit with our troops, and the President produced a situation yield to me for 30 seconds. Dutch troops and Australian and Pol- where at one point the Russians picked Mr. HUNTER. I would be happy to ish troops at Bishkek, Kyrgystan; at up the phone and said, can we talk? yield to the gentleman. Mr. ABERCROMBIE. Mr. Chairman, I Kharshi-Khanabad, Uzbekistan; and And when they started talking, they notice that you have about 20 minutes Bagram, Afghanistan, and all of these talked not about a negotiated settle- more left in this hour, and I believe are former Soviet air bases that had ment but they talked really about the that the gentleman from Washington been built to fight the United States, disassembly of the Soviet empire (Mr. INSLEE), myself, and the gen- which are now American and coalition brought about by American strength. tleman from Massachusetts (Mr. air bases fighting the terrorists and I think this operation in Iraq, while DELAHUNT), as well as a couple of other winning the war on terrorism. it is tough and hard and very dan- Members have an hour coming up. I I think it is a remarkable time for us gerous, is going to produce a good re- found it very interesting, the conversa- to celebrate the successes of the Amer- sult in that very difficult part of the tion. Obviously, we may have some dif- ican military that are unparalleled in world. fering views on this, but I wonder if the history, and I am very proud of what is Mr. Speaker, I yield to the gentleman chairman might consider that perhaps being done. I am very proud of the suc- from North Carolina. next week or the balance of the week cesses, and I am confident the young Mr. HAYES. Mr. Chairman, as we sit at some time, that we could, those of people who are today on the front lines here and call attention to our incred- us interested in this issue and have the are going to persist and, with the re- ible allies, I think that we may have articulate views, as my colleague and solve of the American people and forgotten momentarily the Italians, the other Members do, might consider around the world, succeed. who have been incredibly courageous, combining our hour sometime and hav- Mr. HUNTER. The gentleman is abso- along with the Hungarians, the South ing a discussion? lutely right. And this Cold War was Koreans, and the list, as the gentleman Mr. HUNTER. I would be happy to. I won by American service personnel. I from South Carolina (Mr. WILSON) would say to my friend that I would be look at Korea and Vietnam as two of pointed out, is 32-plus members. happy to. the important battles in that war and My colleague was talking about these Mr. ABERCROMBIE. Maybe we could battles which helped to bring that war agents, biological weapons, chemicals, discuss that off the floor and perhaps to a successful conclusion. but what I mentioned was the previous we might benefit the whole American The gentleman makes a great point administration in the 1990s. What has public by the kind of discussion that about people who used to be behind the happened in June 24, of 2004? Charles could take place. Iron Curtain now serving side-by-side Duelfer, head of the Iraq weapons in- Mr. HUNTER. Mr. Speaker, I would with Americans. And I am reminded spection team, announced his group be happy to do that with my friend. I also that troops from Nicaragua and El had uncovered at least 10 more artil- cannot guarantee the American public Salvador, which were the centers of the lery shells filled with banned chemical is going to make a sell-out crowd for so-called Contra wars during the 1980s, weapons from the regime of Saddam us, but I would be happy to do that. when America’s liberals said Ronald Hussein. I have not read that promi- Sure. Reagan should stay out of Central nently in any paper or heard it on the Mr. ABERCROMBIE. I am sure with America; that if the Soviets want to nightly news. this trio that is here this evening and have an influence in Central America, Duelfer announced that his team is those we could bring to the discussion, which they were having with the Com- finding new WMD evidence almost particularly those of my esteemed col- munist Sandinista and the FMLN in every day, and I quote. ‘‘A roadside leagues on the Committee on Armed Salvador, let them have it, said the lib- bomb, discovered May 15, contained Services, I think we might get an audi- erals, and let us stay out of Central chemicals that when combined formed ence that might not necessarily be able America; we cannot possibly win that sarin gas. All such weapons were sup- to follow the hearings that the chair- war. And of course they brought back posed to have been destroyed. Chemical man has put together so far. In any event, Mr. Speaker, I appre- the old Vietnam thing, they said you munitions were probably stored with ciate the gentleman’s courtesy and we are going to get bogged down in an- conventional arms at some of the thou- will talk about it and perhaps some- other Vietnam. Today, we have fragile sands of weapon depots located thing good in terms of dialogue could democracies in each of those countries, throughout Iraq. Military officials result. and they have sent troops to stand have uncovered some 8,700 weapon de- Mr. HUNTER. I look forward to it. side-by-side with Americans in Iraq to pots and continue to find new ones, and Mr. HAYES. Mr. Speaker, if the gentry to bring freedom to yet another estimate the weapon depots in Iraq tleman from Hawaii will yield. country. contain between 650,000 and 1 million Mr. ABERCROMBIE. Well, the time I was told, incidentally, that the Sal- tons of arms.’’ belongs to the Chairman. vadorans in particular have fought How do you kill 400,000 people and Mr. HUNTER. I would be happy to fiercely in the Iraq theater; that they not refer to weapons of mass destruc- yield to the gentleman. are excellent fighters and they very tion? It defies common sense. Mr. HAYES. Mr. Speaker, I would much support the coalition, and that Mr. HUNTER. Well, I thank the gen- just like to call attention to our they have brought a measure of strong tleman for pointing that out, and I friends here, and anyone watching, support to our operation there. So I think that the American service per- that my first real experience with the thank the gentleman for bringing that sonnel who are serving in Iraq, because Committee on Armed Services was up because I think that is an important of what the gentleman has mentioned, with the gentleman from Hawaii. We one. are undergoing enormous hardship be- were dealing with an issue in Bosnia When Ronald Reagan was bringing cause they always have to be on guard which demanded bipartisan attention, down the Wall, and when he met that for the possibilities that other shells, and when it comes to supporting the first move of force by the Russians dur- for example, that have nerve agents men and women in uniform, the gen- ing his administration, when the So- like the one that was picked up as an tleman from Hawaii (Mr. ABERCROMBIE) viet Union started to ring Western Eu- IED in Baghdad and was partly ex- is there. He will be there with you.

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.054 H06PT1 H5178 CONGRESSIONAL RECORD — HOUSE July 6, 2004 So I thought it was appropriate to rope. Millions of people demonstrated to discuss something that I know a lit- call attention to a very fine memory, against that in the United States and tle bit about and that is called health of many that I have, of the gentleman Western Europe. It ultimately led, care. from Hawaii. again, to our victory. I am a physician member of the Mr. ABERCROMBIE. Mr. Speaker, I I had the extraordinarily opportunity House of Representatives; and along am very grateful, Mr. Chairman. I will Sunday to meet with people at our with my colleagues on both sides of the yield any time to take that kind of church who are from Russia, and I was aisle, I care deeply about the health compliment. telling them how incredible it was for care, most basic health care needs of Mr. HUNTER. You better leave on me to be there with them, because 15 the impoverished Iraqi people. that one. That is a good one. years ago we were told that they like Mr. Speaker, let us do a little before Mr. ABERCROMBIE. Can I leave living under communism; that due to and after comparison on health care now? their serf background, they liked being expenditures in Iraq. Saddam Hussein’s Mr. HUNTER. I thank the gentleman. slaves; that they really did not want to regime provided only $16 million for Mr. WILSON of South Carolina. Mr. have to make decisions of who to elect the ministry of health in 2002. That was Speaker, I want to also join in thank- and how to elect, what jobs to take, less than $1 per person. This is a 23 to ing the gentleman from Hawaii for his how much money to earn, whether they 24 million population country. The constructive suggestion. could buy a car or not; that they really Iraqi medical system severely lacked But I want to reiterate again too enjoyed living in oppression. medical equipment and capabilities. that the war we are into, this global Doctors’ salaries were about $20 a b 2045 war on terrorism, is not something the month. United States sought. It is my humble We know that is not true. The dear Today, Iraq’s 2004 budget for health opinion that the first attack was really Russians that I met with on Sunday care is $950 million, a $934 million in- in 1979, with the attack on our embassy said how much they appreciated what crease over 2002. All 240 hospitals and in Tehran. We can all remember the President Reagan and the American more than 1,200 health clinics are now signs that were carried at that time people have done to provide for their open. The minister of health assumed were ‘‘death to America.’’ It does not liberation. The same analogy applies to full independent authority on March need a discussion. That is what the in- the people of Iraq and Afghanistan. It 28, 2004, and the minister of health is tent is. And the reason for this feeling is such a positive time to see what our addressing drug shortages by making is because the United States represents troops are doing. emergency drug purchases. Health care freedom of association, of speech, as we Mr. HUNTER. Mr. Speaker, I yield to spending in Iraq has increased 30 times just saw, freedom of women to partici- the gentleman from Georgia (Mr. over its prewar levels, and children are pate in society, and freedom of media. GINGREY), also a great member of the receiving crucial vaccinations for the All of this is being opposed by people Committee on Armed Services first time. Over 5 million children have who want to construct a 14th century Mr. GINGREY. Mr. Speaker, let me been immunized for measles, mumps, life-style. thank the distinguished chairman of and rubella. Every child in our country This is not a religious war. To me, it the Committee on Armed Services. I gets that basic right. It is estimated is a group of extremists who, as we saw know if the troops who are so bravely that 85 percent of Iraqi children now last week, there was a heinous suicide defending us, our liberty in Iraq and have been immunized. bomber who attacked a Shiite mosque Afghanistan, if they have any oppor- Mr. Speaker, in conclusion, I was lis- in Pakistan. Imagine just going tunity to read a newspaper or listen to tening to some discussion on this floor straight into a mosque and killing 20 a radio or watch television, I know of the House earlier and a member on people. This is just something that has they know that if there is any greater the other side of the aisle spoke about to be faced, and we either face the friend than the chairman of the House fairness. He used that little cute way of enemy overseas or we will again see Committee on Armed Services, the saying the F word, and the F word them here in the United States, as we gentleman from California (Mr. being fairness, and said it was not fair did on September 11. HUNTER), it is possibly the Commander for us to be spending money on the September 11 was the culmination of in Chief, George W. Bush. I thank the health of the Iraqi people when it is es- a direct attack on the United States in gentleman for giving me an oppor- timated 40 million Americans do not 1993 on the World Trade Center, a di- tunity to say a few words tonight dur- have health insurance. But, Mr. Speak- rect attack on our embassies in 1998, at ing this important hour. er, they have health care. They may embassies all throughout Africa, and Mr. Speaker, earlier this year, the not have health insurance, but they then, of course, the infamous attack on 108th Congress appropriated some $187 have basic health care; and I would re- U.S.S. Cole in Yemen in the year 2000, billion to Operation Iraqi Freedom. mind my colleagues on September 11, and finally the attack of September 11, $18.5 billion was to restore the infra- 2001, 3,000 of our citizens, citizens of 2001. America is responding. structure of this Middle Eastern coun- other countries, had good jobs with And I am very grateful that just as try long neglected by their dictator, health care and health insurance, but after World War II we helped rebuild Saddam Hussein. While Saddam Hus- they were killed. They are not with us Germany so it would not be a breeding sein was incurring huge debts, some today. Their families no longer have ground for communism, we are helping say as much as $100 billion to build up their presence, and yet they had great to rebuild Iraq. I am sorry that it does his own personal military and to con- health care. So it is hugely important not get the attention it should. It is struct numerous palaces, compounds to that we provide this infrastructure, probably just dull to hear that there is his own glory and edification, those of this basic health care need to the Iraqi freedom of the press and media in Iraq. us on both sides of the aisle of the com- people. It is dull to hear the schools have been mittee, we were there and saw these It would be unconscionable to free reopened. It is dull to hear the hos- palaces. While at the same time the them from the dictatorship of Saddam pitals have all been reopened and the typical Iraqi citizen, especially the Hussein and leave them in poverty and health clinics are available. But it is Shiite majority and the Kurds, was not squalor without having these basic not dull. It is creating a civil society only suffering from a lack of the basic health care needs met, because we that protects the American people. We necessities of life, but they were also would just be creating yet another dic- were able to protect the American peo- being killed and tortured with reckless tator to take Saddam Hussein’s place. I ple and defeat communism, and I am abandonment. think it is entirely appropriate that we confident we can do the same thing in Mr. Speaker, I could talk more time spend this money to restore the infra- defeating terrorism. than I am allotted about how we are structure, including the health care, I am so happy the gentleman brought expending this $18.5 billion appropria- the basic health care needs, of the Iraqi up Ronald Reagan. It was 20 years ago tion to restore the infrastructure, the people. With that I yield back to my virtually this minute that he was at- needs, basic needs such as water and chairman. tempting to win the Cold War by put- sewer plants, electricity, and schools; Mr. HUNTER. Mr. Speaker, I thank ting Pershing missiles in Western Eu- but let me use the time that I have got the gentleman from Georgia (Mr.

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.056 H06PT1 July 6, 2004 CONGRESSIONAL RECORD — HOUSE H5179 GINGREY) for the point he has made. It other heroes who are serving our fami- We are going to have to all do that is a very important point. That is the lies, and that is the families and em- with the same spirit that we used to message that I think has gone out to ployers. The families are so dedicated win the Cold War and World War II. people around the world. They really to our servicemembers who are serving Mr. Speaker, I yield to the gentleman understand the goodness of this coun- overseas, men and women. We all know from North Carolina (Mr. HAYES). try. Interestingly, they might not un- first hand of circumstances where fam- Mr. HAYES. Mr. Speaker, I appre- derstand by watching our own tele- ilies are making sacrifices. Addition- ciate the effort that the chairman has vision, but they have enough experi- ally, we have got family support groups put into that because a strong indus- ences with their own families and with that we have community support for. trial defense base is the key to our fu- their own view of the world to know Anyone who wants to help members of ture. With economic security and good that the United States is a good coun- our Guard and Reserve, in any phone jobs in this country, then we are able try. book will be the listing of an armory. financially to support our wonderful I am reminded of a couple of years They can contact the unit clerk or the military. ago when my parents were in Manila in AST and offer to assist in some way. A couple of quick things. President the Philippines, and the Philippines Also, employers. We were very fortu- Bush has stood tall for freedom in were undertaking demonstrations nate 2 weeks ago to have a hearing put America and freedom around the world. against the United States. The dem- together by the gentleman from Min- He said, ‘‘Democracy is the surest way onstration leadership would walk over nesota (Mr. KLINE), himself a retired to build a society of justice. If justice to the line of Filipinos waiting to get Marine colonel. It was brought to our is the goal, them democracy is the an- visas to come into the United States, attention how employers are coming to swer.’’ President Bush has stood tall and they would hire people to take bat for the people who have been mobi- for our troops in Iraq. What do the hold of signs that said ‘‘Down with the lized and deployed. There are some in- Iraqis say about what is happening? United States,’’ or ‘‘The United States dications of obvious problems; but I Well, 68 percent has confidence in the out of the Philippines.’’ They would was told, and during the hearing it interim Iraqi Government, and 79 per- hire them to demonstrate against the came out, for every one problem, there cent think the interim government will United States and after they dem- are nine good stories of where busi- make things better for the Iraqis. onstrated awhile, the demonstrators nesses have come forward to assist Mr. HUNTER. Mr. Speaker, men- would then give back their signs to the their employees who have been de- tioning the President reminded me of organizers, and they would retake their ployed. something Saddam Hussein said, be- position in line waiting for their visa They know the Soldiers and Sailors cause the other day when he got to to the United States that they just Civil Relief Act, now the have his say in court, which is some- demonstrated against. Servicemembers Civil Relief Act, will thing he never gave the people that he I think it is clear to the Iraqi people protect our servicemembers. Addition- oppressed, he said words to the effect that we are the good guys. I think they ally, there are reemployment rights that he would not be there if it were are reflecting on this now as we have that will accrue to the people in the not for George Bush. I will not repeat turned this government over. They Guard and Reserve. We are all here to the adjectives that he used to describe have been ruled by a government for so help make sure that they have the jobs President Bush, but when he said he long that was very self-serving. Its own that they had when they left, they would not be there if it were not for survival and its own enrichment were have their seniority, that they have President Bush, or words to that effect, the major goals that it undertook. the ability to blend back in and assimi- he was right, George Bush and about Here is the United States, which has late right away into American society. 300,000 great Americans in uniform. expended an enormous amount of But it is the employers who are doing The point is we have to be the leaders human capital and our economic cap- this voluntarily. of the free world. If the free world were ital in this part of the world, and yet Again, families and employers de- not led by the United States, I do not what we are asking them to do is be serve a great deal of credit in helping think there would be a leader in the free; be free, grow your economy, be- us win the war on terror. free world. come prosperous, become a member of Mr. HUNTER. Mr. Speaker, the gen- Mr. HAYES. Mr. Speaker, President the world community, which does not tleman has described something very Bush stood up for freedom, as well he oppress its people; and it is our hope if important to our country and that is should. you have a free government, you are all of us pulling together. That means Just a couple of weeks ago at Presi- not going to oppress other people. we are pulling together whether you dent Reagan’s funeral here in Wash- The Iraqis are going to have to be are part of the family and you know ington, I had the unique privilege of tough to maintain this government. your husband or loved one is going to standing in line waiting to walk by the There are going to be bombs and explo- have to take off and spend some time casket of former President Reagan sions going off in Iraq for a long time overseas and you are going to try to with Mikhail Gorbachev. to come. If the pouring in of resources pull through those difficult times, or if b 2100 could stop explosions from going off, your neighbors are going to help out or we would not have explosions in Israel relatives are going to help out. Or as They called Reagan a cowboy; but right now, but that is a fact of life in the gentleman has said, employers are Mikhail Gorbachev, his adversary at that part of the world. It is going to going to help out. This country has got that time, was at his funeral saying have to be a tough government with to pull together. We have done a lot of that that man stood up for freedom, some grit. They are going to have to that. and he won the Cold War, just like develop a military that has the capa- One thing that the gentleman from President Bush is standing up and win- bility of protecting that government North Carolina (Mr. HAYES) has worked ning the war on terrorism and our and protecting this running chance at on so much is American businesses troops are making that happen. freedom that we have given the Iraqi pulling together. That means if you are Mr. HUNTER. Mr. Speaker, I thank people. a business, you are a prime contractor the gentleman from North Carolina Maybe it will not work; but from the in this country and you can buy a piece (Mr. HAYES). It must have taken a lot beginning of time to the end of time, of material or a machine tool from an- of grit for Mikhail Gorbachev to have the only time when the Iraqi people other country but you have the oppor- all of the previous speakers or the will have had a real chance at freedom tunity to buy one from Americans, and speakers at that ceremony talk about is when the Americans were there, and employ Americans by your purchases, how Ronald Reagan equipped him; but, that is something we can all be proud create jobs in America by your pur- you know, he put up with that and of. chases, take a look at that and that is then paid his respects to President Mr. Speaker, I yield to the gentleman something that the gentleman from Reagan. And I think there is a message from South Carolina (Mr. WILSON). North Carolina (Mr. HAYES) has been there, and that is that the goodness of Mr. WILSON of South Carolina. Mr. encouraging our American businesses America comes through, and ulti- Speaker, I would like to reiterate some to do. That is part of pulling together. mately it persuades others to follow

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.057 H06PT1 H5180 CONGRESSIONAL RECORD — HOUSE July 6, 2004 the path of freedom. I thank the gen- there is Ambassador Bremer and some ation was a possible policy of amnesty tleman for his comments. folks there with handshakes and pieces and that the amnesty would extend to And I think, Mr. Speaker, we are out of paper passed back and forth. No real those people who had murdered Amer- of time. We would like to yield back idea of what it is all about other than ican troops, those people who had been the balance of our time. smiles and handshakes all around. involved in the insurgency that has f And suddenly sovereignty ostensibly taken place since the hostilities or has been transferred or handed over. major hostilities were pronounced at IRAQ WATCH That it took place in secret, that it an end, i.e., mission accomplished by The SPEAKER pro tempore (Mr. took place ostensibly to prevent ter- Mr. Bush some time ago on the infa- GINGREY). Under the Speaker’s an- rorist activity from disrupting it prob- mous aircraft carrier stunt. nounced policy of January 7, 2003, the ably speaks more about what the And subsequent to that, obviously gentleman from Hawaii (Mr. ABER- handover was actually all about and this insurgency, again, this is a term CROMBIE) is recognized for 60 minutes whether or not the word ‘‘sovereignty’’ that has been adopted by the media as the designee of the minority leader. might properly apply. uncritically, has resulted in numerous Mr. ABERCROMBIE. Mr. Speaker, as In both instances, I think not. There deaths and woundings. Most members you know, and our friends know, we was no handover of sovereignty. How of, certainly, the Committee on Armed have been engaged in a conversation can there be sovereignty when you do Services and other Members of the for some months now with regard to not control your armed forces, when House of Representatives and members what we have come to term the Iraq the first pronouncements of your os- of the subcommittees of the other body Watch; and I was very pleased to note tensibly sovereign government involve have traveled both in their districts that my good friend and esteemed col- the possibility of imposing martial law and here in Washington and in Ger- league, the chairman of the Committee on your own people and indications many to hospital situations where we on Armed Services, the gentleman that the governing authority, that is to have been able to speak with and, hope- from California (Mr. HUNTER), indi- say the Coalition Provisional Author- fully, bring some measure of comfort cated in the last hour that he and other ity under Mr. Bremer, still absent him and support to members of the military Members were occupying, that they in person, is going to be in charge of who have been wounded, members of would be pleased at some point, per- the military activities, presumably, ac- the military and others, including ci- haps in the future, to work out an op- cording to this handover of sovereignty vilian employees. But all that has portunity for a dialogue, not nec- ceremony, under some kind of group taken place since this pronouncement essarily a debate, but a conversation discussion terminology. that the war was essentially over, that among friends with respect to Iraq and Again, I fail to understand exactly the major activities surrounding the its implications for the United States, how this ‘‘partnership,’’ which was re- invasion was over; and now we find perhaps even combining hours. I do not ferred to between the so-called sov- that this sovereign government is con- know what the rules are precisely on ereign Government of Iraq and the templating offering amnesty to those that, and I do not ask for a ruling on Government of the United States people. that right now, Mr. Speaker; but at through its military, is supposed to Now, if that is in fact what this has some point we hope to be able to do take place. come to, I think the implications and that, hopefully for the benefit of the It is unclear to me that the questions consequences are serious indeed. There membership and for those members of that I asked of Assistant Secretary of is no question in my mind that there the American public and others that Defense Wolfowitz in our Committee will be some very serious dialogue tak- may be tuning in to our Special Orders. on Armed Services hearings, unclear to ing place in this Nation if that is what For this evening’s opportunity, how- me whether these questions were an- this was all about, the opportunity for ever, I wanted to begin our discussion swered. I simply said, ‘‘Who is in a government that has come into being tonight with some references and ob- charge? Who has the authority?’’ And solely as a result of the activities of servations over the so-called handover what I got was the usual dissembling the United States of America subse- of sovereignty. I think, Mr. Speaker, and allusions to the idea of group dis- quent to the invasion, including and you might agree that with respect to cussions taking place. I am not quite subsequent to the invasion of Iraq; and Iraq, and unfortunately not only Iraq, sure how one responds to military situ- now we find a general amnesty being there tends to be opportunities for the ations in the arena of group discus- contemplated. media in particular to seize on certain sions, but I suppose it is possible. That was never discussed, to my phrases. They become almost phrases My own thought at that time was, knowledge, with any members of the of art. These phrases then substitute and I said at that time and repeat Committee on Armed Services. It was for a whole panoply of analysis that again tonight, that my perception was never discussed, to my knowledge, with might otherwise usefully take place. that at the turnover of sovereignty, at members of the subcommittees of Con- In this instance, the phrase that I am least as best I was able to understand gress generally as to whether or not referring to is the so-called ‘‘handover that term, the American military that was something that we could of sovereignty.’’ Handover of sov- would be set adrift on a desert sea and abide. One would think that at a min- ereignty, what that means is not clear would find itself in a situation of being imum this sovereign government in to me at this stage. the first responders in an Iraqi crisis Iraq would have the courtesy, if only What I did observe during our break and that we would be uncertain as to out of respect for those who have died was a ceremony which took place who exactly was issuing the orders and and those who have been wounded on under very, very strained cir- under what circumstances they would their behalf, to at least engage in some cumstances. The television news was be obeyed. form of a dialogue with the United suddenly filled with the ominous This constitutes, for me, a crisis of States in regard to that possible am- music, the drumbeats, the portentous another character, a crisis for us to an- nesty. rhythms that seem to indicate that swer; and in that context it is clear to I see my friend from Washington is something of spectacular import is me that the handover of sovereignty about to ask for the floor, and I would about to happen. Breaking news. Sten- amounts to little more than a propa- be happy to yield to him. torian voices, a sound, and then sud- ganda device meant to try to distance Mr. INSLEE. Well, I appreciate this, denly we are told, well, we are going to the political consequences and implica- and I would like to contrast the phony, go to the handover of sovereignty in tions of our occupation from the polit- alleged sovereignty in Iraq with the Iraq. It is to take place in secret. It is ical realities as the election ap- real sovereignty and democracy in the to take place with a pool reporter proaches. United States; and this is a thought I there, apparently a pool camera. It is Obviously, people will have to make had while sitting on the West Lawn of in some secret room somewhere in the their own minds up on that score; but the Capitol watching the fireworks green zone, presumably, I guess, in one in relation to that then, among the that were so spectacular on July 4th of the palaces, or what are referred to first pronouncements of this sovereign over the Washington Monument. And as palaces, in Baghdad; and, suddenly, government was that under consider- as I was looking at the fireworks, I was

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.059 H06PT1 July 6, 2004 CONGRESSIONAL RECORD — HOUSE H5181 thinking about some of our work on burton are working hard, too. It is too this fiction that we have established a the Iraq Watch, because the thought bad they are charging us twice as much sovereign nation of Iraq. struck me that the reason we became a for meals as they are supposed to be, It has not happened yet because we democracy, and such a strong one, is but I am sure they are working hard. do not have security. Fundamentally we do not have security. We cannot we had people who were rebellious and b 2115 questioning and demanding against meet our shared goals. I think every their government. But when an assessment was done, I member of the Iraq Watch, today and We had a bunch of people in the 18th believe by the GAO, they found that for the last 15 months we have been century who were rebellious to King less than 2 percent, less than 2 percent doing this, has agreed with the Presi- George, who abused the trust that this of the reconstruction projects that we dent’s goals of a stable, peaceful Iraq monarch had of his people, who was not voted in October to fund have been that is pluralistic and hopefully demo- honest with his people, who was fraud- done; 140 out of 2,300 reconstruction cratic. None of those goals can be ulent with his people, that got his peo- projects have been done. Electricity is reached without security. We cannot ple into difficult positions without still not working in Baghdad as much have reconstruction without security; their consent. And the thought struck as it was for the average person before we cannot have a sovereign nation me that that rebellious, demanding, the war. under a new government without secu- questioning attitude that the patriots Yet we continue to get these rose rity; we cannot have elections without had that started this country is the petals that the administration tries to security. same attitude of folks who are ques- feed us, and it is this type of attitude This President has been unable to at- tioning this President who has not told based on falsehood and mysticism that tract the international troops, the the truth about the American people have got us in this problem. NATO troops, the Western European that started this war; and we ended up Mr. HOEFFEL. If the gentleman will troops, the Arab League nation troops, a sovereign country because we are de- yield, I certainly respect and agree that clearly need to be added to our manding. with the comments of the gentleman brave American troops to get up to the And I just note that as a theme to- from Washington. This sovereignty in several hundred thousand troops that night of our Iraq Watch that we de- Iraq does seem like a false sovereignty, Army Chief of Staff Shinseki quite mand the truth from our government, when you realize the facts on the rightly said a year and a half ago and the truth is that this phony allega- ground. would be needed. tion of sovereignty in Iraq is what I Number one, this new Iraq govern- Mr. DELAHUNT. Mr. Speaker, if the might call rose petal number 512, be- ment has no ability to protect itself or gentleman would yield, I think Sec- cause this entire Iraq policy has not its citizens or defend against the vio- retary Powell, as it was reported in the been based on reality. It has been based lent insurgency. All of the security re- book just recently released by the Pul- on a series of rose petals. Number one quirements remain on American itzer Prize winner Bob Woodward, my was we were told by Mr. Wolfowitz, troops, approaching 140,000 American memory of the quote is that if you go rose petals literally would be strewn at troops, and the sad fact is we have yet to Iraq, Mr. President, you own it. our feet. Rose petal number two is to stabilize that country. We have not Well, the truth is, we do own it. I was when we were told that when we just been able to contain the insurgency. interested in hearing from our col- caught Uday Hussein, the insurgency The highest suggested number of peo- leagues and friends on the other side of would stop. Then we were told when ple in that insurgency, the highest es- the aisle, particularly the chairman of the other Hussein brother was caught, timate is 10,000, and 10,000 violent in- the Committee on Armed Services, the insurgency would stop. surgents have not been controlled, can- when he acknowledged that it is really Rose petal number 300, I think was not yet be contained by 140,000 brave the American soldier that is doing the when they said Saddam was caught, American troops. The reality is we do work today in Iraq. Yes, we have allies the insurgency would collapse. Rose not have enough troops to stabilize there, the British obviously have made petal number 412 was when they said Iraq; we have not had enough; we do a commitment and there are some Aus- all of these people who are doing vio- not have the international troops; and tralians, but other than that, there are lent acts in Iraq, they are just a bunch we do not have the Arab League troops very few substantial commitments to of foreigners, and as soon as we get the that we should have. preserving security in Iraq today. foreigners out, it is not the Iraqi people This new sovereign government does As our colleague the gentleman from who were upset we were running their not seem so sovereign. They are also Washington (Mr. INSLEE) just noted, we country, it is just these people from not in control of their own reconstruc- hear from some quarters that every- Syria. tion. The $20 billion of American funds thing is fine, and we know that is not Turned out yesterday we found, like, appropriated by this Congress for re- true. I think it is important that the 5 percent of the people in our custody construction, the gentleman is abso- American people understand that we are outside of Iraq. The problem we lutely correct, has not yet been spent, are far past making this a partisan have got is some Iraqis we are battling and, when it is spent, it will be con- issue. This is not about Republicans with are another rose petal. And this is trolled by the American embassy. This and Democrats, this is truly about the the ultimate rose petal that this ad- is probably the right thing, because it direction of where this country is ministration is trying to foist on us, is American dollars, but it is an all- going, and it is absolutely essential the American people, that unfortu- American list of contractors, many of that we be clear and honest and forth- nately is not going to work. We lost them picked with no-bid contracts, no- right with the American people. three Marines today following the bid awards, like Halliburton, and the Let me just quote one very famous, ‘‘sovereignty’’ rose petal. so-called sovereign government of Iraq highly regarded, well-respected tradi- The fact is we have got to face re- will have no control over that money. tional conservative, William Buckley. ality in Iraq. This administration has Thirdly, they were talking the other We all know William Buckley. He cer- never faced reality in Iraq. This admin- day about delaying elections. The tainly has contributed through the istration has consistently given us mis- White House said no, you are not. We years to discourse, to the public dis- information; and until this administra- are going to have elections, whether course on major issues in this country. tion changes its attitude, or the people you are ready or not, in January of As we all know, he recently resigned, in the White House change, we are 2005. retired, if you will, from the publica- going to be in trouble in Iraq. I do not want to see elections delayed tion that he brought forth many years You know, look at the situation. We either. I would like to see them moved ago. But even a traditional conserv- keep hearing about, oh, there is noth- up even sooner. But here is this Iraqi ative Republican like William Buckley ing but good news in Iraq, about all sovereign government that does not expresses amazement about what is oc- these rebuilding programs, and we have control its own security, does not concurring in terms of the stories and the people who are working very hard, peo- trol the reconstruction in Iraq, cannot fantasy that is coming from this ad- ple in the military are working hard. I even decide when to have elections, and ministration, particularly the White am sure some of the people at Halli- yet the President wants to continue House.

VerDate May 21 2004 04:35 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.060 H06PT1 H5182 CONGRESSIONAL RECORD — HOUSE July 6, 2004 He recently said that the White able circumstances. I, like many of States. We find that our brave men and House has a dismaying capacity to be- you, have traveled to the Middle East women now who are over in Iraq are lieve their own PR, and until we finally three times, twice to Baghdad in the faced with people pouring over the bor- acknowledge what the reality on the last 9 months. I can recall vividly when ders answering the call to jihad. ground is, we cannot have a debate. Tommy Franks was before our com- The United States has to proceed in a I am always brought back to that mittee and I asked him about the poli- manner, as the gentleman from Penn- very famous statement by David Kay. cies of preemption and unilateralism sylvania (Mr. HOEFFEL) pointed out, Now, David Kay, as we all know, and as and how he felt about that. The general that allows us to stand up, in as timely I am sure many who are listening to paused and looked at me and said, a fashion as we possibly can, the Iraqi our conversation tonight are fully ‘‘Well, Congressman, that is above my Army, civil defense, and police. But as aware, was a former United Nations in- pay grade.’’ He says, ‘‘But we have long the gentleman from Massachusetts spector, an American, who earned an learned in my service to the country (Mr. DELAHUNT) also points out, if the excellent reputation for integrity, for that we are able to distinguish between Iraqi people do not embrace democracy knowledge, during the work done by those who wave the flag in Washington as much as we want them to, it is up to the United Nations in terms of ensur- and those who have to salute it and fol- them ultimately to embrace this de- ing compliance by the Saddam Hussein low orders.’’ mocracy. And if our presence there regime with a variety of United Na- As the Iraqi Watch has done through- only inhibits that, then there has to be tions sanctions relative to the weapons out this, commending our troops for an ongoing examination and dialogue of mass destruction. their valiant effort, but as our leader of an appropriate exit strategy for us Prior to the war, he stated that he NANCY PELOSI says, our troops in many that is strategic in its thinking. was convinced, from what he heard respects need policies that are worthy Tactically, the United States and our from the administration, that in fact of our sacrifice. It is clear to me that men and women who wear the uniform the Iraqi government possessed weap- the Pentagon, the civilian Pentagon’s have performed brilliantly, but we have ons of mass destruction. He was as- ideological reach has exceeded our not strategically had a plan that will signed by this administration, by this military grasp and has, as has been allow this government to stand up the President, to lead a group to go to Iraq pointed out here this evening, has way all of us want to see it happen. and conduct a survey and do a thor- placed our men and women in harm’s Mr. ABERCROMBIE. Mr. Speaker, ough, exhaustive, extensive search for way. reclaiming the time, on that note of those weapons of mass destruction. The gentleman from Pennsylvania our analysis of what the domestic ques- When he came back, he made that fa- (Mr. MURTHA), a valued colleague of tions are that need to be answered in mous statement before a Senate com- ours, in describing the ongoing turf Iraq, it is probably appropriate that mittee, saying we were all wrong, and battle between the Department of De- the gentleman from Ohio (Mr. STRICK- here it is depicted on the cover of fense and the Department of State, LAND) comes to us at this time, because Newsweek Magazine. And as time has concludes that there were plans that if anybody is in the heartland of where gone on, he continues to express his were separately conceived, poorly co- domestic issues are in the forefront, I concern that we are losing our credi- ordinated, based on false assumptions, would say that it is the gentleman bility in the world and that our role, poor intelligence and outright lies from Ohio (Mr. STRICKLAND), his dis- our prestige, our claim to moral au- from Ahmed Chalabi, that have placed trict and his State; and I yield to the thority is eroding on a daily basis, and our men and women in the situation gentleman. he pleads with the administration to that we find ourselves today. Mr. STRICKLAND. Mr. Speaker, I come clean. Because of your nightly efforts, and I thank the gentleman from Hawaii, my So let me just suggest that until that assure you, people in my State of Con- friend, for yielding; and I want to occurs, that until there is honesty on necticut and throughout my district, thank each of my colleagues for talk- the part of this White House and frank- the First Congressional District in ing about this important subject. ness and candor, and not just simply Hartford, have heard. I have conducted press releases and flyovers of Baghdad, several forums back in my district, and I do come from Ohio, the heartland of we all know that our troops are doing I find them incredibly informative in our country. I have so many veterans a job that reflects well, not only on the sense that people want to come out in my district, people who are in- them, their families, but our country, and speak out about this issue, be- tensely patriotic, people who honor our but the truth is too that their morale cause, as the gentleman from Massa- country by service, and they have historically. The people in my district are has eroded. And yet we never hear any- chusetts (Mr. DELAHUNT) has pointed thing from this White House and this out, this is not a partisan issue. This is concerned. They are concerned about administration about that reality, about the soul of the country and who the continuing deaths that are occur- about the reality that a survey was we are and what direction we plan to ring in Iraq. Well over 850 of our Amer- done by Stars and Stripes, a military go. And it is important, as the gen- ican soldiers have now lost their lives. Many thousands, 4,000 seriously in- magazine, that established that 52 per- tleman from Hawaii (Mr. ABERCROMBIE) cent of Army personnel describe mo- said earlier this evening, that we have jured, many more injured with less se- rale as low. this open dialogue and debate, a real rious situations. That is dangerous. Let us respect dialogue with the American people, But the fact is that we just went them for what they do, let us acknowl- about our future, about our brave men through the celebration of the 4th of edge their heroism, but let us not paint and women, and how we intend to pro- July; and throughout my district as I an unrealistic picture, or we do the ceed now that we find ourselves in this went to parades and festivals and cele- American people and the American quagmire called Iraq, moving forward. brations, I talked with a lot of vet- military a disservice. Yes, it can be acknowledged that it erans. Many of these guys are old Mr. ABERCROMBIE. Mr. Speaker, was a good thing to be rid of Saddam World War II guys. They know what reclaiming my time, I wanted to yield Hussein. war is like. Many of them are so deeply to the gentleman from Connecticut troubled by what is happening to our b 2130 (Mr. LARSON). soldiers. The fact that we sent them to Mr. LARSON of Connecticut. Mr. But in traveling to the Middle East battle without adequate equipment, Speaker, I thank the gentleman from and talking to Ambassador Jordan in the fact that even tonight, I would em- Hawaii, and most of all I want to thank Saudi Arabia a year before the out- phasize as we stand here in the safety the esteemed Members who have par- break of the war, he warned propheti- and security of this hallowed hall of ticipated week in and week out in the cally that if we unilaterally and pre- the House of Representatives, we have Iraqi Watch. I think you do a service to emptively strike Saddam Hussein, that American soldiers in Iraq and they are the country. what we will do is unwittingly, unwit- continuing to drive unarmored As the gentleman from Massachu- tingly accomplish what Osama bin Humvees well after more than a year, setts was saying, our troops have per- Laden failed to do and create a united certainly, when they should have been formed extraordinary under unbeliev- Islamic jihad against the United equipped.

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.062 H06PT1 July 6, 2004 CONGRESSIONAL RECORD — HOUSE H5183 So as was said earlier, the planning the reality that within the past week fected because a major portion of the that went into this war was so inad- or two there has been a call-up of the Army guard are police officers and fire- equate and inept and, quite frankly, so-called ‘‘ready reserve,’’ almost 6,000. fighters and teachers. So there will be the immaturity of the decisionmakers. Now, these are men and women who about 2,500 soldiers from Hawaii and I am talking about from the Vice performed for their country, who obvi- about 3,500 coming from American President on down to Deputy Secretary ously did their active duty, did their Samoa, Guam, and California. Now, Wolfowitz and Richard Pearl and oth- active reserve, have returned to civil- that is just one instance; and that is ers. They were so naive. These folks ian life, and in some cases for years the reality. who were so intent on sending our have been civilians, and now, out of the I want to conclude by saying the im- young men and women into battle; had blue, they are back into the active pacts on this are considerable, because these assumptions that were so inad- military on their way to Iraq. the employers, whether they are public equate and incorrect and, as a result, Mr. ABERCROMBIE. Mr. Speaker, if employers or private employers, have we sent soldiers to battle without ade- the gentleman will yield, because just to take into account the absence of quate equipment, without adequate before I came back, let me give my col- these folks at this particular time. planning; and it is a tragic result, an leagues something so that it is not ab- What is happening right now is we are absolute tragic result. Every precious stract. I will tell my colleagues exactly denying what the realities of the neces- life that has been lost affects families, what I had to deal with and what came sities for troops are in Iraq and Af- children, spouses, moms and dads, up while we were away on our holiday. ghanistan and are masking it over with aunts and uncles, and the community My staff representing my delegation Guard and Reserve deployments; and that that person has come from. was briefed by Major General Lee, the we are going to have to pay a fearful It just seems to me that we have an adjutant general of the State of Ha- price for that. administration that somehow does not waii, on the situation of the 29th Bri- I yield to the gentleman from Wash- understand what is happening. Maybe gade, Hawaii Army National Guard. ington. it is because they know of no one who The Secretary of Defense and the Sec- Mr. INSLEE. Mr. Speaker, I think it is personally involved. It has been retary of the Army approved the alert is important to ask the question why pointed out that out of the 435 Mem- of the 29th Brigade for deployment to we are in this fatal, mortal, disastrous bers of the House and 100 Senators, Iraq. Earlier indications were, of situation in Iraq. Why are we in this that only one of us, out of the 535 of us, course, that the 29th would be deployed situation where we are calling up peo- only one of us has a son who is an ac- to Afghanistan; but the situation on ple whose military service was essen- tive duty soldier engaged in this con- the ground in Iraq now requires addi- tially over? Why? We have put two of flict. So many of us who serve here do tional soldiers from the 120,000 now the training brigades that act as the not know anyone who is a soldier in there, and the enhanced 29th Brigade is enemy at various forts around this Iraq or in Afghanistan. We do not know needed. country, they pose as the enemy, and of anyone who has lost a son or a Now, this is happening all across the that is why we have such a well-trained daughter. So it seems to be something country; and if anybody thinks for a Army. We have three of those Army that is removed. second that the 5,000 or 6,000 that are units, and two of them have now been I would like to say just one thing be- going to be involved in this current resent to Iraq to fight the Iraqi insur- fore I yield to my colleagues, and I say call-up, involuntary call-up is going to gents. We are not training our soldiers this to the parents in my district; and solve it, I think they are dreaming. adequately. I think the parents across this country The 29th is one of the two remaining Why are we in this debacle? I want to need to be aware of this. We are now National Guard brigades not yet acti- suggest it is just a continuation of the calling up soldiers for further duties vated. It will perform reinforcing mis- movie ‘‘South Pacific.’’ Those World who have already fulfilled their con- sions. War II veterans remember that there tractual obligation as soldiers, and the Remember when I indicated here be- was a song called ‘‘Happy Talk,’’ reason we are doing that is that our fore that when this so-called sov- happy, happy, happy talk; and that is military is spread so thin. What would ereignty occurred, the United States what this administration has planned a we do if there was an episode that re- military would be set adrift on a desert war over was happy talk. sulted in the overthrow of the regime sea. Look at Paul Wolfowitz, the Assist- in Saudi Arabia, for example? What They will perform reinforcing mis- ant Secretary of Defense who came to would we do? We do not have the sol- sions, whatever in God’s name that us and told us that the American tax- diers we need to meet our obligations. means. The expected deployment will Many parents who listen to these payers would not have to pay a dollar be 12 months. The brigade will have to proceedings here in the Chamber may for this operation. Remember those travel off-island to train up, because not feel personally involved in this war predictions? the normal training entity, the 25th di- effort. They may feel like that is the Mr. DELAHUNT. And that by this vision, of course, is now deployed itself. President’s decision, and we are going time, I say to the gentleman, there to trust the President. But if they have The brigade may go to Fort Bliss, et would be less than 30,000 troops in Iraq. Mr. INSLEE. That is right. He said children, 14, 15, 16, 17 years of age, they cetera; expect the deployment to Iraq should be paying attention, because if to take place shortly. the Iraqi oil is going to pay for all of Then what do we have to do? The ad- this administration continues in office this. Look what he said the other day jutant general then had to brief all of and does not change its policies, I when he was asked what happened. He think it is inevitable that we will have the mayors that once the alert notice said, ‘‘I think there was probably too a mandatory military draft. was released in Washington, we had to great a willingness to believe that once Now, I think that is a fact of life. The then discuss what the impact would be we got to 55 people on the black list, President may not want to admit it. on homeland defense and natural dis- the rest of those killers would stop The Secretary of Defense may not want aster impacts back in Hawaii, because fighting.’’ to own up to it. But I think the facts the Guard normally is going to address Talk about rose-colored glasses, are that we cannot continue to meet those situations. The National Guard where people are committing suicide our military obligations without a is, of course, the primary backup to ci- bombings to think that the next day, military draft under the policies that vilian authority. Now we are going to they were going to join the chamber of are being pursued by this administra- have to rely on the Air National Guard commerce, when we decided there was tion. since most of the Army National Guard a new government in town. This was So the moms and dads in this coun- is going to be deployed. Now, this is happy talk that is resulting in the try who have children may ought to just in Hawaii. deaths of our soldiers today and the in- pay attention. Now, we can imagine what is taking capacitation of the greatest military I yield to the gentleman from Massa- place elsewhere all around the coun- on Earth. chusetts (Mr. DELAHUNT). try? Part of our problem area in Ha- Just to give an example of how bad it Mr. DELAHUNT. Mr. Speaker, the waii is that the police and fire depart- is, I will tell my colleagues, if I were a evidence that supports that premise is ments are going to be adversely af- soldier holding a 50-caliber on the top

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.063 H06PT1 H5184 CONGRESSIONAL RECORD — HOUSE July 6, 2004 of a Humvee, I would be proud of the again. We do not want history to re- Yet, as a story recently in the Wash- people I serve with; but I would not be peat itself. ington Post points out, and I read the very proud of the civilian folks who I think every member of Iraq Watch headline to you, a story about Ariana have gotten me in this predicament on would agree that in the age of terror Cha appearing July 1, ‘‘Underclass of the streets of Baghdad. that we find ourselves, it may be nec- Workers Created in Iraq, Many Foreign Look at this answer from General essary in the future to use our Amer- Laborers Receive Inferior Pay, Food Myers, chairman of the Joint Chiefs of ican force preemptively to protect and Shelter.’’ Staff, about the civilians of the intel- America. The days of the armada, of an It may come as a shock not to mem- ligence community and the lack of in- opposing enemy forming off our har- bers of Iraq Watch, but it may come as telligence that our soldiers have been bors or an army amassing on our bor- a shock to the American taxpayer and given. He was asked recently during ders, are probably over and we may perhaps some of our American col- Senate testimony whether the Iraqi in- need to quickly use preemptive force in leagues that what construction is tak- surgency was being coordinated from a the future. That is the Bush doctrine, ing place in Iraq is taking place under central hub, and he responded, ‘‘The in- preemptive use of force, but it has cer- the auspices of American companies, telligence community as far as I know tain requirements that were not many of whom receive single source will not give you an answer because present this time. contracts for hundreds of millions of First, you need accurate intelligence. they can’t give me an answer.’’ dollars, who are not even hiring Iraqis, You need an honest assessment of what So we have these young men and who may be hiring some Americans but is happening on the ground and the women posted on streets in Iraq and are, in fact, bringing in wage slaves need for the President to level with the the civilian folks have not given them from the rest of the world and then not American people, and you have to be even paying them, cheating them at intelligence to figure out if this is even willing to use that force only as a last the same time. Not only are the Amer- a centrally planned insurgency. This is resort, not on a basis before necessary. a huge, ineffective, incapable, neg- We see in this case the President exag- ican taxpayers being cheated by Amer- ligent planning of a war; and we have gerated the existence of weapons of ican companies but American workers not even started talking about how we mass destruction. He has fabricated a and Iraqi workers are being cheated. Mr. STRICKLAND. One of my con- got into the war. relationship between Hussein, al Qaeda stituents, a young West Point grad- b 2145 and 9/11. He failed to exhaust diplo- uate, a gung-ho Army guy, a guy who Mr. STRICKLAND. Those who listen matic options. What would have happened if he had loves the Army and who would write to these proceedings may rightly ask me these e-mails and say, I am so the question, why are we talking about allowed those international arms in- spectors the extra 3 months they were proud of what my soldiers are doing the failures of the past? Why are we requesting after their first 2 months here in Iraq. So he is not a disgruntled not talking about what we are going to found no weapons of mass destruction Army guy. But he tells me that Halli- do in the future? in Iraq? He failed to put together a burton is importing Filipinos and pay- I think it is relevant to remind our- meaningful coalition, as all of us said ing them very little to do work that selves that the very people who made tonight. Ninety percent of the troops was previously done by the American such blunders of judgment, who de- in Iraq, 90 percent of the money is soldier. So that is an example of what ceived the American people, who pro- American. And he has failed to commit the gentleman is saying. moted this war based on false assump- enough troops. We have got 140,000 This company, Halliburton, my good- tions, they are the people who are still brave Americans in Iraq today, but it ness, when are we going to face the in charge. They are the people who are is not enough to contain this violent, facts? It has been reported, by the way, continuing to make the day-to-day de- deadly insurgency, and they were sent in an editorial in the Columbus, Ohio cisions which are resulting in these there with inadequate equipment, as Dispatch that insiders have now said terrible miscalculations and terrible my friend, the gentleman from Ohio that Halliburton is housing some of blunders. And what is the result? The (Mr. STRICKLAND), has been telling us their employees in hotels that cost result is we are continuing to lose pre- for 15 months during Iraq Watch. $10,000 per night, $10,000 per night, but cious American lives. And what confidence do we have that that is what you can do when you have Now, we had a perfunctory turnover this group of political leaders in the a cost plus contract. There is no incen- supposedly of authority to the Iraqis, White House and the civilian leaders in tive to hold down cost. They were pay- but every American knows that it is the Pentagon will not do this thing ing $100 to get a laundry bag of cloth- the American soldier that is con- again and again and again? They do ing washed, $100 a bag; $10,000 a night tinuing to be the target. It is the not seem to understand their mistake. for a hotel room. And it is the Amer- American soldier that is continuing to They will not admit their mistakes, ican taxpayer that is paying that kind provide whatever security exists in and we have got to bring this to the at- of exceedingly high cost. that country, and it is the blood of the tention of the American people. We are being gouged by Halliburton, American soldier that is being shed. Mr. ABERCROMBIE. The gentleman the company that Vice President DICK I get a little tired of all of this talk from Massachusetts (Mr. DELAHUNT) CHENEY was the CEO of. We all know it. about coalitions. The fact is that it is has to his immediate left what The American people know it. This the American soldier that is bearing amounts to a poster, a picture on the company is taking the American tax- the burden. It is the American tax- cover of Newsweek, ‘‘How Dick Cheney payer for a ride. And I believe this ad- payer that is paying the bill, and we Sold the War’’ is the overall title. And ministrations needs to step up and say, need to end that, and it is going to con- in that context I would daresay the an- we are going to put a stop to it. tinue that way until we have a change swer to the gentleman’s observations Mr. ABERCROMBIE. Mr. Speaker, if in policy. and questions are that unless there is a the gentleman will yield, I will eluci- Now, the President has got some an- change in the leadership that is un- date a bit more on that. swers to give us. I mean, the American likely to occur. His questions will not In the story that I indicated I have people deserve to know are we going to be answered except in the negative. His that I was referring to, the Underclass have the continuation of bad judgment, observations will continue, because of Workers Created in Iraq, the opening bad decisions that is going to just per- that gentleman whose picture appears sentence is, ‘‘The war in Iraq has been petuated this thing for 1, 2, 3, 5, 10 there again to the left of the gen- a windfall for Kellogg Brown Root, years. We need to have some answers tleman from Massachusetts (Mr. Inc., the company that has a multi- from the administration. DELAHUNT) is the same gentleman million dollar contract to provide sup- Mr. HOEFFEL. The gentleman from whose company and associated compa- port services for U.S. troops.’’ ‘‘KBR, a Ohio (Mr. STRICKLAND) is absolutely nies are the administration, are the subsidiary of Halliburton Corpora- right about this. And one of the impor- ones that are in charge of helping to tion,’’ came to employ Indian workers, tant reasons that we are talking about put this infrastructure together, that from India, that is to say, not Native the mistakes that were made is to is being defended by the American American workers, ‘‘through 5 levels of make sure that it does not happen troops. subcontractors and employment

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.064 H06PT1 July 6, 2004 CONGRESSIONAL RECORD — HOUSE H5185 agents. The company, which employs It was rejected at the time. It was re- tunity to speak for 5 minutes. Two of 30,000 workers from 38 countries in sup- jected by Colin Powell. It was rejected our esteemed colleagues are en route port of the U.S. military, said it had by Bush the elder. It was rejected by here, and I would like to take this 5 been unaware of the workers’ concerns the most outspoken people against this minutes to further thank the Members until recently.’’ war back in 2002 in this invasion and who have been involved in the Iraq This is the kind of thing, Kellogg that was Jim Baker, Brent Scowcroft Watch. Brown, Halliburton, is always unaware and Eagleburger. I say so from the bottom of my heart of, workers problems, because they are So as the gentleman said at the be- because I think at the end of the day too busy having their accountants ginning, this is not a partisan effort. there has been a great discussion that going to work on the excessive profits This is an understanding of the wrong has been going on within this body, but they are making. turn the Nation has taken with respect unfortunately, in so many respects, it It brings to mind the work that was to foreign policy. Again, I commend has not fully reached the American done by one Senator Harry Truman the members of the Iraq Watch for people, or it has in drips and drabs; and when, during World War II, he had his their vigilance. I commend our colleagues on the other committee on a bipartisan basis look- Mr. ABERCROMBIE. I want to indi- side of the aisle who were down here in ing into the question of excessive prof- cate I think we are down to our last 2 the previous hour. it-making from World War II. This is minutes. I would yield to the gen- I think, as the gentleman from Ha- not something that is invented for this tleman from Washington to close. waii (Mr. ABERCROMBIE) has suggested, time and place by members of the Mr. INSLEE. Mr. Speaker, I want to we need to have that kind of frank dis- Democratic Party. This is something note getting back to the war on ter- cussion and debate that all too often that was headed up by a Democratic rorism, where is Osama bin Laden? really does not take place on this floor. Senator, who was in charge in the Where is Osama bin Laden? Why is the It is an important dialogue that the United States Senate, on a bipartisan President not talking about Osama bin American public needs to hear. basis, to see to it that profiteering does I believe in the final analysis it is not Laden, who is free tonight threatening not take place at the expense of the the shock and awe of our military and our citizens where they live in our American soldiers or the expense of the the strength that it has that deter- neighborhoods? American taxpayer. mines America’s greatness, but rather, We found out last week that this ad- Mr. DELAHUNT. Mr. Speaker, I the strength of our ideas and our abil- ministration is spending five times think it is important to note that the ity to express those ideas not only here Democratic minority in this House at- more money tracking people who trav- on the floor but for citizens who are tempted to add an enhancement of the el to Cuba than they are trying to out there listening, for them to par- penalties for fraud and abuse and prof- interdict the money going to Osama take and ultimately put in their own iteering, and yet the majority in this bin Laden, who is continuing a threat words, with their own voice, from their House and in the Senate denied that to this country. own heart and head, their feelings proposal. This is one example of this adminis- about these issues. I would like to conclude, and I will be tration taking their eye off the ball of So often I go back to my district and very brief because I think we have got the guy who killed almost 3,000 Ameri- so many of them will ask why is no one to go back to the initial question I cans. We are going to continue this dis- speaking out about these issues, and think that was raised by the gentleman cussion. not understanding the workings of the from Washington (Mr. INSLEE), how did Mr. ABERCROMBIE. Mr. Speaker, I House of Representatives and not un- we get here? believe we are down to our last minute derstanding that so many times meet- If we are to believe Richard Clark, or so. I do want to indicate to members ings are actually going on in commit- who led the anti-terrorism effort under of Iraq Watch that are here tonight tees that do not happen to make it on both Presidents Clinton and Bush until that the chairman of the Committee on to C–SPAN, but also wondering where his retirement 2 years into the Bush Armed Services in the previous hour the voice and conscience of the country administration, if we are to believe the indicated that he and perhaps other is, and the Iraq Watch has done an out- highly respected, again, Republican Members might be interested in having standing job in terms of making sure conservative, who initiated the term of a dialogue with us and perhaps even that there has been this opportunity to this administration as Secretary of the combining hours, if that is acceptable reach out to the American public and Treasury, Paul O’Neill, it was one under the House rules, perhaps this inform them in a nonpartisan way week, one week after the inauguration week or as soon as possible. And if it is about these issues and raise these ques- that there was a meeting of the Na- okay with everybody, I wanted to pur- tions that are so important for the tional Security Council and what was sue that, and I have indicated to the American people to digest, especially discussed there was the need for regime Speaker as we began the hour that that as we face upcoming elections that will change in Iraq. Nothing about ter- was contemplated and we will try to determine the fate and course of the rorism. And again, 6 weeks later, ac- pursue that with the leadership. Nation. cording to Paul O’Neill, there was a b 2200 If we consider that in the previous meeting of the National Security Coun- election, less than 50 percent of the cil where it was discussed how the oil Mr. Speaker, I believe we have come American people voted and under- fields in Iraq were to be divvied up and to essentially the end of our hour. standing that in the aftermath of Sep- divided among nations and corpora- f tember 11 there has been a great out- tions. That is according to Paul O’Neill ANNOUNCEMENT BY THE SPEAKER pouring of patriotism and citizenship, and that is according to Dick Clark. PRO TEMPORE and what better way to express that Mr. LARSON of Connecticut. There than by going out and voting and im- is an important article that was writ- The SPEAKER pro tempore (Mr. mersing and involving one’s self in the ten in Harper’s Magazine by David GINGREY). Members are reminded that issues of the day, it is our responsi- Armstrong back just before the out- it is not in order in debate to engage in bility as Members of Congress to make break of the war. The title of the arti- personal abuse of the President. sure that we inform and educate the cle was ‘‘DICK CHENEY’S Song for Amer- f general public; but it is equally respon- ica.’’ In there he goes back and talks sible that the public have an oppor- about the concept for this plan being THANKING MEMBERS INVOLVED IN IRAQ WATCH tunity to express their concerns. hatched by the then-Secretary of De- Mr. DELAHUNT. Mr. Speaker, will fense and the two Under Secretaries The SPEAKER pro tempore. Under a the gentleman yield. which at the time were Paul Wolfowitz previous order of the House, the gen- Mr. LARSON of Connecticut. I yield and Richard Perle. The goal was to be tleman from Connecticut (Mr. LARSON) to the gentleman from Massachusetts. the lone force in the Middle East. The is recognized for 5 minutes. Mr. DELAHUNT. Mr. Speaker, I plan that was put forward was a bold Mr. LARSON of Connecticut. Mr. thank my friend from Connecticut for one: To go forward and overtake Bagh- Speaker, I thank the distinguished gen- yielding, and I think he is so on the dad. tleman from Georgia for the oppor- mark, if you will.

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.066 H06PT1 H5186 CONGRESSIONAL RECORD — HOUSE July 6, 2004 People are thirsting for respectful and register to vote or to use that dent to raise the Pell grant commit- discourse about these issues because voter registration card to work to- ment a little bit up to $5,000, but he has they are so profoundly important, and wards good for their family and also for not yet been able to do so. Not because I want to thank the gentleman for the their future. the resources have not been there. It is kudos. I know that each of us has bene- There is a lot happening to young because the priority has not been fited from appearing here on a weekly Americans now versus poor young there, which then takes us back to basis, having this conversation; and I Americans, and this is the 30-some- being able to have individuals ready for think what has also amazed us is the thing hour that the gentlewoman from the workforce, that small businesses level of interest, the response that we California (Ms. PELOSI), the minority and businesses need in this country; have received so that there is no doubt leader, has organized. Those of us in and it is so very, very important we that there is a deep need out there for, the House that are living the 30-some- pay very close attention to that be- again, the kind of dialogue that goes thing right now or that recently went cause that is serious business, the busi- on here, at least once a week, and that through 20-something come and give ness of making sure that we have a the gentleman from Hawaii (Mr. ABER- voice to those individuals on the floor, workforce ready to step up and meet CROMBIE) mentioned earlier even should and I think this reaches out to even a the challenge to be able to make Amer- be expanded so that there can be a va- larger demographic, a demographic of ica strong. riety of perspectives expressed, because parents that are paying for their loved If we are going to have these individ- it is important. ones to go to college, a demographic of uals graduating from college in debt My colleague mentioned Ahmed individuals who were not able to go to before they can invest in the American Chalabi earlier. How many people in college immediately after high school dream of being able to buy a home, this Chamber, in this country, know of or completion of a vocational training being able to invest in this economy, it is very important that we do not put Ahmed Chalabi; and yet many, many in program. Some are in community col- them in debt prior to that opportunity. leges that are trying to make a way. the world, in the intelligence commu- Some believe in this Congress that nity, believe that he is as responsible Either they did not have an oppor- we should have variable student loans. as any single individual for the faulty tunity to go to college immediately Well, one may argue, well, it is the intelligence that led us into this war, a after high school, one, they could not lower interest payment now; but guess man, by the way, who is a convicted afford it; two, they had to help their what, they will be forever paying those felon, who was an individual who was family. Many Americans have to make student loans. Being someone that was convicted of embezzlement in Jordan that choice, and it is okay to make once on a college campus, offered a and reports now indicate is being inves- that choice. credit card, I will tell my colleagues I tigated for the dissemination of sen- It is about family. It is about values. am a victim. I put my hands out. I was sitive information to a potential adver- It is about religion. It is about defi- on my campus. sary in Iran. nitely individuals that have strong Mr. RYAN of Ohio. Mr. Speaker, if Mr. LARSON of Connecticut. Mr. morals and outright patriots in our the gentleman would yield, pull it out. Speaker, I thank the gentleman from country that would like to see their Mr. MEEK of Florida. Mr. Speaker, Massachusetts for his comments. I see children and grandchildren have a bet- well, I do not want to pull my credit that our time has expired and the gen- ter opportunity than what they have. card out. I have a couple of credit cards tleman from Florida (Mr. MEEK) has I think it also addresses grand- here, but that is later on in the pro- arrived. parents. I am not one, obviously. I have gram. We have our whole David f two children and a wife; and I would Letterman, Top 10 thing that we have tell my colleague that I look forward, to do, and we have to read some e- 30-SOMETHING WORKING GROUP if God is willing, to allow me to be- mails that we received in the previous The SPEAKER pro tempore. Under come a grandparent one day. I am pret- weeks. We had last week off. the Speaker’s announced policy of Jan- ty sure my goal would be to make sure I can tell the gentleman from Ohio uary 7, 2003, the gentleman from Flor- my children are able to provide for (Mr. RYAN), I missed him. ida (Mr. MEEK) is recognized for 60 min- their children and that their children Mr. RYAN of Ohio. I missed my col- utes. have a better opportunity than the league. Mr. MEEK of Florida. Mr. Speaker, it generations that were before them. Mr. MEEK of Florida. We come to- is an honor to come before the House of So we come to the floor to be able to gether. We have this thing here on the Representatives tonight and the Amer- share with the American people and floor. We have special guests some- ican people and this great house of de- give response to some of their e-mails. times from the 30-something Working mocracy that we serve in day in and We welcome e-mails to the 30-some- Group. I like the new haircut that the day out. It is an honor to serve, and thing group, and we will be giving that gentleman has going on there. every day that we have an opportunity e-mail address out; and I will tell my Mr. RYAN of Ohio. My wife made me to serve it is important that we share colleagues week after week, we have get it. Mr. MEEK of Florida. Mr. Speaker, important information with the Amer- received a number every week. We are let me tell my colleague, if it was not ican people and also with Members of receiving more and more e-mails. It is for our wives, I do not know where we the House. very encouraging. Once again, our 30-something Work- Some Americans have questions that would be, to be honest with him; and I ing Group that consists of 14 Members they need answered. We try to provide thank God. Coming up October 12, it on the Democratic side of the House, those answers to the best of our abil- will be 13 years for me; and, amen, I we come together to share with Ameri- ity. Some Americans are saying, hey, got married young. Mr. RYAN of Ohio. August 22 it will cans things that are going good. We it is great, I am a Republican, I am be 1 year for me. call it the good, bad and ugly; but at glad you are giving voice to the issue Mr. MEEK of Florida. Is that not the same time, we work towards con- of student loans, and the fact that something? What a country. structive change, and as my colleagues more people are graduating from col- Mr. RYAN of Ohio. God bless. know, the gentleman from Ohio (Mr. lege that are in debt now than it was in Mr. MEEK of Florida. What a coun- RYAN) and I have been coming to the the previous generation and the oppor- try. Let me just, if the gentleman floor, along with other Members of this tunity for Pell grants that were prom- would start, I started out with some House, to address issues such as edu- ised, and even those who went through opening comments, just to kind of cation, issues that are facing young college in the early 1970s, I mean we share with the American people and Americans from the ages of 18 to 30- have less of an opportunity for finan- the Members of the House our purpose something. That covers a super- cially challenged individuals that work for being here. majority of individuals that are not ex- every day, individuals who did what we Once again, we pay all respect and ercising their right to vote at this par- told them to do, go to high school, get opportunity to the gentlewoman from ticular time, but I believe now, because that vocational training, that we will California (Ms. PELOSI), the Demo- we are reaching out to those individ- be there to be able to assist you. There cratic leader, that has made a commit- uals, they will find a reason to go out was a commitment made by the Presi- ment that young people in America

VerDate May 21 2004 04:35 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.068 H06PT1 July 6, 2004 CONGRESSIONAL RECORD — HOUSE H5187 will have a time on this floor. This is want to go and where the Republicans Mr. MEEK of Florida. The largest just an hour. They are going to have want to go. agency in the history of the world, time they have not had in the past so This is our e-mail here: Federal Government agency created by we can raise those issues to the level of [email protected]. this Congress, the largest contract the national debate, have people here That is the number 30, the word some- they have given out thus far has gone in this Congress pay respect and treat thing, the word dems, D-E-M-S, at mail to an offshore company. No taxes, no 30-somethings on down to 18 or 16 or 15, dot House dot gov. We have been get- benefit to the American people, no ben- those that are looking to participate in ting some great e-mails, from both of efit of helping to pay for education, no this democracy that we serve under, the parties. benefit to be able to provide for alter- have them use their power that they I listened to my colleague’s opening native fuel sources or towards a health have as it relates to voter registration statement and the one issue I think we care program. cards, have them use their power in need to touch on, there was an article Hopefully, my colleague, we can talking with their Member of Congress, today in The New York Times. Paul share with the American people, and to let it be known that throughout Krugman did an opinion editorial and we always say this is not the Tim they have issues, they have concerns. he talked a little about the Bush boom Ryan/Kendrick Meek Report, this is I also made the correlation between and how the tax cuts that President facts. We spend at least 7 days prior to the parents and grandparents. I mean, Bush initiated and passed and pushed what we are going to talk about in the obviously, parents want their children through this chamber and also through upcoming week getting the facts. So to do well. Grandparents especially the Senate has peaked. And I thought anyone that wants to line up on the want their grandkids to do well and it was very interesting. other side of the aisle and start refut- make sure they are able to have a bet- We had moments in November, De- ing or just saying, well, that is not ter and safer America for the future. cember, January, February, some early true, this is not true, well, we have the So I just wanted to tell my colleague parts of this year where we actually facts. And folks who want to e-mail, we once again I look forward to this. We thought we had some job growth. will send them the facts. were talking earlier today when we Things were starting to come along A lot of this is hard to digest and a and we thought the economy was start- were going through some of the sub- lot of it is hard to believe. And, to be ing to turn around. Now we have recog- jects we are going to talk about here brutally honest with you, we are all nized that the job growth has slowed. It today because we try to be as factual wrapped up in patriotism and we un- is still growing, but it has slowed from as possible, also come out with solu- derstand that we have to protect the previous months. And not only has it tions; but guess what, there was a homeland, but yet we give the largest slowed down, but the unemployment great announcement today. Maybe the contract from the Department of rate is still at 5.6 percent. So it has not gentleman wants to talk about that. Homeland Security to an offshore com- changed. There are still thousands of Mr. RYAN of Ohio. Mr. Speaker, I pany. Now, I am from the South. I am people who are no longer actively seek- think all of us were very excited about from Florida. We have people in South ing to find work because they know the the announcement of Senator EDWARDS Carolina, in Florida, Georgia, North job market is so slow. to join Senator KERRY on the ticket, So here is the point I want to make. Carolina, Alabama, and Mississippi and I think it illustrates the kind of We had two choices in this country who are sitting around not because excitement that is going to be around after 9/11 with all the tax cuts. We had they want to sit at home watching in the fall. I mean, I think it is going two choices: Are we going to try to get cable television. They want a job. They to be an exciting election, and we have some short-term political gain with need a job. But they do not have a job to celebrate not only what party we this trickle-down theory of economics because we are sending the jobs over- stand for but I think process in gen- that was proven that did not work in seas. eral, the fact that there is going to be the 1980s, or were we going to continue And who am I to talk, because my a great election; and Americans are with the Clinton-era balanced budget, colleague is from Ohio. Mr. RYAN of Ohio. Yes, and it is the going to get to decide whether or not invest in education, invest in health same exact situation. We have given the President who has been in charge care, invest in the American people and these companies free rein. We do not for the last 4 years is going to get re- allow them to go out and grow the object to people wanting to make hired, or if he is going to get ‘‘Donald economy? We chose the former, which money. If you can go out in the econ- Trumped,’’ and we are going to ask meant tax cuts, tax cuts, tax cuts, and somebody else to come in and take primarily to the top 1 and 2 percent of omy and do well for yourself, God bless over and set us in another direction. the people in the country. you. That is what America is all about. I think what we have been trying to The theory was that they would However, you are not here to manipu- do here is try to articulate for a lot of begin to take those tax cuts and put it late the system, and that is what is the people, not only those people who back into the economy. But when we happening right now. are 30 or 20 or in college or in high look at the statistics, corporate profits We have these corporations, as we school or affected by the No Child Left after tax are at the highest level com- said, they move the headquarters to Behind, but also to say to other Ameri- pared to the GDP of the economy than Bermuda, they do not pay any taxes, cans who are concerned about the fu- they were since 1929, since they started they move the production manufacture of this country that we are going keeping track of this stuff. So if you turing site to China, they do not pay to have real debate. are a major player in a corporation, anything in wages or in environmental. OSHA. There is no OSHA in China. b 2215 you are doing great, sending jobs to China, move the headquarters to Ber- There is no safety and occupational And I think, from the e-mails we muda, where they do not pay any taxes hazard prevention in China. That does have received, and from the comments there, they pay no wages in China, and not exist. So you take advantage of the that we have heard and the calls we get they take the money and put it in their workers there, you take advantage of at our office, people have appreciated pocket. the tax system here, and you reap the the fact that my colleague and I are Mr. MEEK of Florida. Mr. Speaker, benefits of the profits. Then you take not personalizing this. This is not per- my colleague mentioned Bermuda, and the profits and you put them into this sonal, this is business. This is my col- I cannot help but think of the largest place, into the Congress, and you keep league and I discussing issues that we Homeland Security contract that was getting the same kind of deals over and believe in and the direction we think given to an offshore company. Now, over and over. And who is losing? The the country should go in, as opposed to this was once a U.S. company. average people who used to be able to the direction that I think the Repub- Mr. RYAN of Ohio. And what do they make a middle class wage in the coun- lican Congress, the House and the Sen- pay in taxes? try. They used to be able to afford ate and the Republican White House Mr. MEEK of Florida. Nothing. Zero. health care. right now, wishes the country to go in. Mr. RYAN of Ohio. So the company I want to mention to my colleague a I think there will never be a clearer that gets the most money from the study that the Toledo Blade paper in choice in any election as to where we homeland security budget. Ohio, in Toledo, Ohio, has been doing.

VerDate May 21 2004 04:35 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.070 H06PT1 H5188 CONGRESSIONAL RECORD — HOUSE July 6, 2004 They noted for the average American hardworking men that have the steel power to put us on the floor for an hour family, with a median household in- toes sitting next to their chair watch- every week, I thank God for the gentle- come of $42,409, average median income ing their favorite sitcom when they get woman from California (Ms. PELOSI), $42,409, that they have seen increases in home, if they can stay awake through the Democratic leader. She has been their premium payments, this is a fam- it. I am talking about every day work- here for some time, along with the gen- ily of four, go from $6,348 to $9,086, ing men and women in this country. tleman from Maryland (Mr. HOYER), which is a $2,738 increase from the year And also young people that are having and they have seen this happen. 2000. to pull a little extra wait because the So I can say that we have been about Now, I know a lot of companies back money is not coming in like it used to. the solution on this side of the aisle as in my district that are now renegoti- So if a family tries to get health it relates to Democrats. And guess ating their contracts and their pro- care, someone has to sacrifice. The per- what, there have been some good Re- posals are zero percent increase in son that has the lowest premiums has publicans that wanted to do it, but wages in the first year, zero percent to pay that out of their paychecks. could not. They could not do it because wages increase in the second year, zero This is hard, particularly in a single- they felt there would be repercussions percent wage increase in the third family household. And I will tell my for them manning up and womaning up year, and then maybe in the fourth and colleague that I came up in a single- and leadering it up to be able to say fifth year there will be some increase. parent household, and there is nothing you are wrong. But, guess what? Some But imagine if you are in a family of wrong with that. I want my colleagues have said it. And the record speaks for four that is making $42,000 a year, very to know that right now. I commend itself. little disposable income, and you may those single parents out there doing Once again, this is not the Tim Ryan be trying to send your kids to college what they have to do on behalf of their report or the Kendrick Meek report. and over the last 3 or 4 years you have children. Whatever your faith may be, This is fact. We talked about prescrip- an extra $3,000 a year after taxes that whatever your religion, it is the same tion drug plan. The bottom line is, you have to pay in health care in- thing. The responsibility of taking care Americans get drugs cheaper under the creases. This Congress has done nothing to of one’s child is priority number one. It Democratic proposal. Bottom line. I address health care. And if there is an is close to what we call in the Baptist am sorry. No one can debate that or issue that needs to be talked about this and Christian faith, when you think dispute that. fall for this election, it is health care. about God, agape, love. It is important Now we have the AARP coming out We have done nothing to control the we do that and we practice that. and saying we need the Democratic prices of prescription drugs. Two Now, what I see, because I am not a proposal. I prayed that the leadership things we tried to do during the Medi- pessimist, I am a person that feels that here in Washington, at the time that care bill, and I realize this will not af- tomorrow will bring about a different the issue was here on the floor at 3 a.m. fect everybody, but the Democrat pro- day, a brighter day for Americans. And in the morning, would have said with- posal was we wanted to negotiate that means Democrats, Republicans, out that that they would not support health care prices with these big major Independents, Green Party or what it. But that is the past, and we are drug companies. We wanted the Sec- have you. When it comes down to talking about the future. health care, and you talk about emer- retary of Health and Human Services b 2230 to go to Pfizer and all the big drug gency room health care, no one asks At the same time, when we talk companies and say to them, if you for a party affiliation. No one says, about folks taking money home, and want the Medicare contract and the well, Republicans over here, Democrats what I would like to see and for us to $500 billion that we are going to spend, over here, Independents over there. We continue to let the American people you better sit down and talk price with are going to take the majority party know just because we are Democrats, us. We want a discount for the tax- first. They do not do that. They treat and there are a number of Americans payer, for God sake. Right? We wanted you equally. That means 3 to 4 hours in that are out there, and they are not all that. the emergency room. Democrats, they are Independents, Re- And then we wanted reimportation. Why does it have to come to that? Let us free trade pharmaceuticals. We Why do we not have 41 million Ameri- publicans, they voted for leadership, to free trade cars, textile, steel, every- cans working? I am not talking about make sure they get their voices heard thing in the world we want free trade, individuals looking at want ads, not in this democracy in this House; and but when we tried to impose at 3 even trying to get a job and saying the they are going to get it. The bottom o’clock in the morning the free trade job situation looks sad. I am talking line is if given the opportunity, if we pharmaceuticals, no one wanted to about individuals who go in and punch are able to have as the Speaker the talk about it. So we are not controlling out or sign in and out every day. Those gentlewoman from California (Ms. prices, we are asking the taxpayers to individuals who cannot walk away PELOSI) in the 109th Congress, that this spend an extra $500 billion, and we have from their job, or say, hey, guess what will happen. If we are able to have new done nothing in the market to some- boss, I am leaving. leadership in the White House, this ad- how try to fix a $2,700 increase for a Or what about a small ministration has had their chance. The family of four making $42,000 a year. businessperson? These businesses that Democrats did not impede them from Nothing. have 100, 200 good hard-working Ameri- doing what they wanted to do. The Mr. MEEK of Florida. Mr. Speaker, cans, be they citizens or noncitizens, Democrats are not in the majority. We that is something to be outright mad working in their companies, they are did not appoint the Secretary of De- about, but I can tell you one thing I not offshoring it. They are right here fense and the Secretary of Commerce. find comfort in. I have the opportunity, in America paying their fair share. We did not appoint these individuals, I am Baptist, and I have the oppor- They are the American Dream. the national security person, the At- tunity to do something we call pray, I want to make sure Americans un- torney General. The Bush administra- and we pray for days when things will derstand and the Members of the House tion did. get better for real people, people who understand that we are talking about They cannot say well, the liberal understand what it means to take a 15- super-duper corporations. I mean the Democrats ran the deficit up to the minute break in the morning and a 15- folks who publicly traded on the stock highest level in the history of the Re- minute break in the afternoon, and a market. I am talking about individuals public. They cannot blame that on the solid 30 minutes for lunch. These are who do not even say hello to the indi- Democrats. That game is over. people who know what it means to viduals that we are talking about here. Or the reason we do not have health punch in and punch out. They know And the reason why we are here, at 10- care is because of the Democrats. I am that if you punch in five minutes late plus o’clock at night, taking away sorry, the last I checked at 1600 Penn- that you have to punch out five min- from our families, is to be able to say sylvania, there was a Republican Presi- utes late. Those individuals. there can be a brighter day. dent there. These are the individuals who come And I am glad that even though we Mr. RYAN of Ohio. And we have to home, and I am not just talking about did not have the vision or foresight or listen to some Members from the other

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.072 H06PT1 July 6, 2004 CONGRESSIONAL RECORD — HOUSE H5189 side of the aisle, they are talking about money. So it is not bad enough that we ing licenses, they raise the driver’s li- how the Democrats, they want to keep are borrowing it to give it to the top 1 cense fee, and simple services to local spending. The Democrats are tax and percent, it is not bad enough that we government. Then they cut their com- spenders, and we sit here and scratch are borrowing it and paying interest on mitment to local governments and our heads because if Members have it, we are borrowing it from the Chi- school districts. When they do that, been paying attention, Republicans nese and the Japanese who are taking the school districts do not have the took control of this Chamber in 1994 the interest money, and they invest it credit card. They have to balance their with Newt Gingrich. They have had the in their factories because a lot of their budget. When they balance their budg- Senate and have had the White House factories are state owned. et, the senior feeding program that ev- for 31⁄2 years. They are spending like So the state takes the money that we eryone counts on to be able to provide drunken sailors, and all they can say is borrow from them, and they invest it a warm meal for seniors, the after- look at the Democrats spend; all they back into their company and steal our school program for kids, and I am not do is tax and spend. It is not us. manufacturing jobs. Their economy is just talking about poor minority kids, Mr. Speaker, we were the ones trying booming, and they are doing it with I am talking about kids in rural Amer- to pass the pay-go provisions which our tax dollars. It makes no sense. ica, where families have to work two, mean if we increase spending, we have Until we get it right down here, we are three jobs to make ends meet, these to raise taxes on millionaires or we going to continue to erode the middle sorts of things take place. The quality have to find another program you want class of the United States of America, of life of our communities is just not a to cut. Pay as you go. We were trying our cities, like Youngstown, Ohio; War- priority here. to get that in here. It was the Clinton ren, Ohio; Akron, Ohio; Cleveland, So when we say well, we are sending budget in 1993 that balanced the budg- Ohio; Toledo, Ohio, these areas which you a $150 check, in the final analysis et, that invested in the proper pro- have seen their manufacturing base it is going to end up being a lot more. grams. erode. They have to keep passing police And gas prices are on their way back Mr. MEEK of Florida. Mr. Speaker, and fire levies. They do not have the up again. I do not want to get started that budget was balanced without one tax base. Mental health levies keep on that. Republican vote in this House. I want going down. We have people that need Let me mention quickly what 30 to make sure that we are clear on that mental health treatment but they can- somethings will be handed if we do not because 31⁄2 years ago, we were talking not get it because we cannot pass a make drastic changes here in Wash- about how we were going to spend the tax. ington. We talk about the good, bad surplus. All I am trying to say here is let us and ugly, and we will give credit where Are we going to save Social Security? be responsible, let us take a step back, credit is due, but we will also point out And I want to say this to our older look at the big picture, not self-inter- where there is trickery in what they Americans and future Americans that est but what is in the best interest of are sharing with us. will be eligible for Social Security, the our society. I believe if we would have On July 2, the Labor Department an- little thing on their paycheck, Social taken the Bush tax cut, made sure, like nounced that in the month of June, Security deduction, think about that. Senator KERRY wants to do, take bil- 11,000 manufacturing jobs were lost and We were go to be able to put money lions of that and give it to the States only 12,000 jobs were created in June into the trust fund. where they have to use it at the uni- for the total population of America, Mr. RYAN of Ohio. President Clinton versities to lower tuition prices, double less than half of what was widely ex- said ‘‘save Social Security first’’ from Pell grants, this is long-term economic pected. So what the Labor Department that very podium. Play it smart, do planning for us. We do not have it right is doing, they will make these projec- not spend money you do not have. I now. It is frustrating. tions, these grandiose projections and think that is one of the issues that we Mr. MEEK of Florida. Mr. Speaker, then they will fall short. have talked about early on, and more let me say quickly, we talked a couple The President had to explain himself so last year than this year, but all of of weeks ago, and I want to segue into by saying we are not necessarily gain- these tax cuts that we have been given what is happening in the workforce, ing jobs, but we are steady and the which are great, and I know a lot of and before we leave here we have to economy is solid. It is all in the words. people who have benefited from the tax read some of the e-mails that we have Thank God for institutions such as the cuts, and God bless them. But when we received so our viewers will be able to Children’s Defense Fund which also an- look at the government’s financial po- know we hear them and are responding nounced that almost 60 percent of teen- sition, we have borrowed that money. to them. We get a number of hits on agers lost their job last month, and We did not have that money. There was the 30-something Web site, and a lot of that is the highest June jobless rate not a surplus here that we said we have people are very interested in this. They since the data was first collected in billions of dollars, let us give it back are not just young people, they are 1949. The gentleman from Ohio and I and let the American people have it. older people, they are Republicans and were not even on earth in 1949, but this We went out and borrowed that money. Democrats. should not happen in America in 2004 So we borrowed it and gave it to pri- Mr. RYAN of Ohio. I have one here as it relates to young people. I do not marily the top 1 or 2 percent. Then we from 40-something. even want to get started on the minor- have to pay interest on it. So really we Mr. MEEK of Florida. God willing, I ity numbers. It is 77 percent, even borrowed it, we are paying interest on will be there one day. more. So when we look at it and we it and gave it to rich people who are We talk about a devolution of tax- look at individuals that need jobs and not investing it back into the economy ation, and that is when the Federal summer jobs, even in Florida where for the most part. Because we borrowed Government cuts the Federal commit- you have Walt Disney World and Busch it, we have to pay the interest on it so ment to the States, and the States do Gardens and Universal Studios and all there is not really a tax cut, there is a not have the privilege that we have. of these fine amusement parks, there tax shift. So the next generation of See, here in Congress we have the op- was a big thing in Florida, there was Americans, they are going to have to portunity to put it on the U.S. Treas- an uptick in jobs, but many jobs are pay this bill that we have left here. ury. Oh, we can take that credit card summer jobs. Some 5,000 are summer We have almost a $600 billion annual out any day of the week and we do on jobs, and they provide very little deficit for the past year. That is get- the minute. Then every 3 weeks we health care benefits, if any at all. When ting rolled into our $7 trillion debt that knock on the bank of China or Japan you start looking at a healthy Amer- we have. So almost 20 percent of our and ask for more money to pay down ica, it is not necessarily the case. annual budget that we pay down here is our own interest on debt. The States do It is almost like some of these interest on the debt that we have. So if not have that luxury. The States have infocommercials, buy this and it will you keep accruing this big debt, you to balance their budget. How do they help you lose weight. You wait on the have to keep taking tax money to pay balance it, well, they do not balance it UPS guy to show up, and the bottle is it off. Who is lending us the money? out of thin air. They raise tuition not as big as it looked on television. I Japan and China are lending us the prices, raise fees on hunting and fish- will tell you right now, Americans, we

VerDate May 21 2004 04:35 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.074 H06PT1 H5190 CONGRESSIONAL RECORD — HOUSE July 6, 2004 have to understand that we have an op- to be tough on their Congressman and what do you want? What would you portunity, we cannot change it, we can Congresswoman and they have to be rather have, a government that is say- do all we can in this great House and tough on their local elected officials. ing we are going to invest in you and in we give respect to this House, no mat- They have to be heard, because if they your children, in their college edu- ter what control it may be under at a are not heard, ladies and gentlemen, cation so that they will eventually be- particular time, but guess what, we are you think the last 4 years was a super- come taxpayers? Or do you want a all Americans and we have to uphold roller coaster ride, what will happen in check for $300 from the Bush tax cut, the American dream. the future when there is really no ac- while your property tax goes up, while Part of that dream is a better tomor- countability from this administration they have to pass a police and fire levy row, and that is just the bottom line. If to do the right thing on behalf of ev- in your city, while your tuition in- given the opportunity, and I am talk- eryday working people? creases go up. I know in Ohio they have ing about Democrats, if given the op- Mr. RYAN of Ohio. And this is a clear gone up 9, 10 percent, 3, $4,000 over the portunity, to be able to set the agenda, difference of opinion, and I think the last couple of years. to say health care is a priority in this administration has clearly articulated And then when you look at the House, real health care; making sure where they want the country to go. health care, up $3,000. There are certain that your child is educated, that is a And I want to share a statistic that I things that we can do together as a priority. think I have shared here before. country, as a people, as a Congress, that we cannot do on our own. You Senator KERRY says he wants to give When I was in the State Senate in a $4,000 education tax credit every year Ohio, the University of Akron did a cannot build a hospital on your own. to make sure there is money in your study; and the study was amazing what You cannot build a road on your own. pocket to pay for tuition. When we see the impact of State support for higher You cannot build a school on your own. There are certain things that we need tuition prices going up, that is a tax, in education was. And the study came to do as a country, and one of the my opinion. That is a tax on young back, and it said for every dollar, be- things that we need to do is to make Americans and working Americans. I cause in Ohio we were going through sure that everybody has an opportunity cannot tell you how many parents that the same kind of budget cuts as everyone else, and the legislature at that to go to college, because it will benefit are my age, I am 38 years old, that ac- everybody, and in the long term we are time and the Governor at that time, tually are having to do the prepay col- all going to benefit. lege deal. Oh, I have to put this money still do, are going after the big pot of What I want the American people to away because there is no guarantee money that is going to the univer- know from my perspective is that the that my children will be able to edu- sities. difference is the short-term, $300, here So the study came back. The Univer- cate themselves. At the same time, is your check, government is, you they are trying to provide health care. sity of Akron did a study. It said for know, giving you something back, We do not want any handouts, but we every dollar that the State of Ohio in- which is great and I think a lot of mid- want to make sure that they have a vested in the higher education, they dle-income people need that, and I fair shake at what previous genera- would get almost $2 back in tax money, think we should support the child tax tions have had. basically because a high school di- credits and eliminate the marriage Mr. Speaker, 3 months ago at birth, a ploma, a worker with a high school di- penalty, my own opinion; but to give child born already owes the Federal ploma would make about $20,000 a year millionaires a hundred thousand dol- Government over $23,000. So now we are average. Someone with a college di- lars back at the expense of veterans, a part of this Congress that oversees ploma, with a BA or a BS, would make investments in education and all these the highest deficit in the history of the on average 35 or $40,000 a year. So this other things. Republic. I want to say that again. person who had the college diploma I mean, for example, and I am going Since we have been the United States would pay double in taxes and then go to finish here, when we tried to come of America, today, this year of 2004, on probably to get a master’s or some- here about maybe a couple of weeks this Congress is overseeing the highest thing else, and then you would pay ago, maybe 3, 4 weeks ago, and we deficit in the history of the country. even more in taxes, income tax, sales wanted to say the gentleman from Wis- tax, property tax, the whole nine consin (Mr. OBEY), the ranking Demo- b 2245 yards. crat on the Committee on Appropria- Now, I am going to tell you I do not So from the State’s position, every tions, tried to pass an amendment, and take any great pride in that nor privi- dollar you invest, you get almost $2 he is the Democrat. We tried to pass an lege. The fact that we have men and back in tax money. That is a good deal. amendment that would rescind the tax women that are over in Iraq right now, That is a good deal, because you are in- cuts for millionaires. The millionaire sand in their teeth trying to do the vesting in the long-term growth of worker would still get $23,000 back best that they can and will fight on be- your economy. It is that person with from the Bush tax cut. So we did not half of this country as long as this the bachelor’s degree. For the most completely eliminate the tax cut for country asks them to fight, but the in- part, there is always exceptions, and I him, but we reduced it in order to fully dividuals that are here in shirts and am not saying you have to go to col- fund veterans, fully fund No Child Left ties are making bad decisions. So we lege to be successful, because you do Behind, fully fund college education, need to make sure that we have the not, or have a college degree to be suc- reduce the cost of tuition, double the kind of leadership that is going to cessful, because you do not; but on av- Pell grants, the whole nine yards, in- make the right decisions, make sure erage those people will be out in the vest in health care, provide more cov- that we are fiscally responsible. I want economy creating jobs, being entre- erage for children, and it went down. to say that again, to make sure that we preneurs, developing the new tech- And I think that, if there is one vote are fiscally responsible, making sure nology, the new economy that needs to over the last 2 years for this Congress, that we are spending the taxpayer dol- grow, which we do not even know what that will be the vote. Were you going lar in the right way, not just saying it is yet. to stand here and vote for millionaires that I have a couple of friends, happen And so the best thing that we can do and make sure that these programs are to know the CEO of super mega com- now is just educate a lot of people and not funded, or are you willing to say pany X, and they are happy. That is let them go out into the economy, sup- we need a certain percentage of that their constituent, their base. port them with business incubators, tax cut back, because the long-term in- Our base is individuals who punch in worker retraining, small business terests of the country are at stake? and punch out every day; and I encour- loans; let them go out into the econ- And I think those are going to be clear age every American, because I am only omy and create and manage new, alter- votes that a lot of people will hear one vote, maybe I can influence a few native energies and on and on and on about, and I just think it was an oppor- others, but I am only one vote and you and on. That is a whole other story, tunity for all of us to straighten up are one vote. Okay. But they have to but my point is that what do you want? this budget, the problems that we have do their part, that they have to re- If you are sitting at home right now in been having, and invest in our country. evaluate the leadership, that they have Ohio or somewhere across the country, And we did not do it, unfortunately.

VerDate May 21 2004 04:35 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.075 H06PT1 July 6, 2004 CONGRESSIONAL RECORD — HOUSE H5191 Mr. MEEK of Florida. Well, there are there, the cost of college education has Mr. RYAN of Ohio. And let us be a few Republicans that joined us in increased by 29 percent in Florida’s re- clear. Go to the board of elections, and that philosophy, those individuals who gion since the beginning of the Bush they will tell you you cannot and you raised their right hand at the begin- administration. say, yes, I can. Do not take no for an ning of this Congress. At the same time, Republicans are answer when you go to the election Mr. RYAN of Ohio. And this is not a refusing to increase funding for Pell board, because they just do not know. partisan issue. grants and also for Perkins loans to de- They are misinformed. Mr. MEEK of Florida. This is about fray the costs of higher education. The Mr. MEEK of Florida. who is for real and who is willing to cost of college has increased steadily in Rockthevote.com. put their future in the House on the the Florida region. Tuition for a 4-year Mr. RYAN of Ohio. Rockthevote.com. line on behalf of what they believe in. public college education has increased Mr. MEEK of Florida. That can give That is what it is about. And guess by $852 over the past 3 years. you more information on voter sup- what? We have elections here in this I will tell you, this is from the col- pression. I want to thank those individ- House every two years. And guess lege board. There are a number of uals that have sent us e-mails and said, what? Any American can run for office issues that are out there, but I just listen, we thank you for letting us when they are ready. want to say that it is important that know. We had one young man who had And another thing that we have to we share this information with the to go and get a lawyer to register to do, we have to do and we have to live American people. It is important that vote in America. Can you believe it? through the day, because guess what, they understand that they do have a Mr. RYAN of Ohio. Well, I want to tomorrow is not promised. As it relates choice in the matter. It is important say, too, you were talking about col- to doing the right thing, the right that they know that Democrats in this lege education, and we only have a few thing is making sure the Americans House are willing to be able to carry a minutes left. One of the studies that get their fair shake out of this Con- bucket of heavy water on their behalf, was done here, they are calling it the gress. because we look forward to the oppor- ‘‘Boomerang,’’ and this article was on I am going to talk about a few statis- tunity. ‘‘CNN Money.’’ It says study hard, get tical issues, talk about the voter sup- Matter of fact, we pray for the oppor- into a good college. Graduate. Move pression, and if you can do your e-mail tunity to be able to govern, to be able back in with Mom and Dad; 61 percent thing. See, I do not want to even give to make a better situation and home- of college seniors plan to return to the e-mail address out, because that is front as it relates to health care costs, their family home after graduation, ac- your thing. David Letterman has his health care access, making sure that cording to a survey taken this spring Top 10. You have the e-mail address. we have a stronger America in the fu- by monster.com. Sixty-one percent. So You have a couple of e-mails after you ture, that our children when they grad- I think that illustrates the trouble we read the e-mail address. This is what I uate and they walk across that stage are having with the job market, the like watching you do, because you do it with that diploma, or as an individual failure to invest, the failure to invest so well. walk across the stage, at a technical in science, the box that this adminis- You mentioned something as it re- high school, that they are guaranteed a tration has put us in. lates to the tax cut and really what it future in this America, that they do Mr. MEEK of Florida. I know you means to working Americans. Health not have to move offshore for the job have to give the address out and then care premiums are escalating, middle- that they have trained and hopefully read the e-mails. class tax increase, I must add. Health educated themselves for, that this it Mr. RYAN of Ohio. You said you care costs increased by 13.9 percent na- will be here for them and that this gov- wanted me to say it, but now you are tionwide last year, the third year in a ernment will not have them in debt, cutting me off. row double-digit increases and the larg- leaving a 4-year institution and even Mr. MEEK of Florida. You said you est increase since 1990. Florida, the those individuals that are fortunate were looking at the e-mails, and I State that I am in, the Florida region enough to qualify for future student thought you were going to read those. health care insurance premiums have loans to get through a graduate pro- What you are saying as it relates to 61 increased by 65 percent since the begin- gram. percent, we will have more Americans ning of the Bush administration. This is about America. This is not writing their name on the orange juice Nationally, the increase in family about what the people of Iraq want or at home after they graduate. health care insurance premiums over what people of another country want. the past 3 years has tripled. The This is about making sure what Ameri- b 2300 amount of the tax cut that is ongoing cans want. I can tell you, there is no Mr. RYAN of Ohio. Yes. Have you for middle-class income families over 4 partisanship there. I mean, so leader- seen that one Cellular One commercial, years, now, that is fact. Okay. ship is important, and we need it and with the first kid in their class to get Also you have the college education we need it desperately. a job, and all the other ones are home issue. We talked about that. We talked Last point, and I want you to do the not working yet. It is a funny commer- about raising taxes on college. These e-mail and read the e-mails and do the cial. Pay attention. You need to see are raising tax on middle-class working e-mail address, we want to give a big that. families. Guess what? Millionaires and shot out to Rock the Vote. We are get- Mr. MEEK of Florida. I will, when I billionaires, they do not have to worry ting a lot of response from the voter have time. about paying for college, because nine suppression issue. I just want to share Mr. RYAN of Ohio. It is good. times out of 10, their kids are wel- with the Americans we had supervisors [email protected]. comed into the university and their of elections telling people that they Send us an e-mail. grandchildren are welcomed there be- could not register to vote if they go to I am going to read you one real quick cause of the legacy, because they have school. Right now we have a lot of from a Daniel Spitsburgh in Pennsyl- given money to the institution. But young people that are in school, sum- vania. He says, ‘‘I saw the e-mail ad- guess what? Those individuals, I mean, mer school right now. The fall semes- dress on CSPAN on June 22. My name we may not know their story, we are ter will start in mid-August. is Dan Spitsburgh and I am a reg- not saying that we are upset with Ladies and gentlemen, when you go istered Republican. I fall into the 1 per- them. We are just saying that we back, you can register where you are cent sub-class of voters who are totally should not have two Americas. We going to be in September or late Au- undecided and will probably decide who should have an America that everyone gust, and definitely in November you to vote for immediately before the has a fair shake at a fair opportunity can register to vote there. There is a election.’’ He is a Penn State student, towards higher education. 1975 Supreme Court decision that was considers himself right down the mid- When we look at the whole situation, made saying that if you are registered dle, ‘‘waiting for someone to go out and and I cannot help but continue to talk in school, even if you are from Sioux grab our vote.’’ about Florida, because it is the reality City, Iowa, and you are going to school They are concerned about the present in many of the States that are out in Georgia, you can register in Georgia. circumstances in the Middle East.

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.077 H06PT1 H5192 CONGRESSIONAL RECORD — HOUSE July 6, 2004 ‘‘Don’t forget the college voter. They payers a lot more money. It just is a Mr. BLUMENAUER, for 5 minutes, are often the most spirited, live most bad way to administer. So, today. densely around others and are most [email protected], Mr. DEFAZIO, for 5 minutes, today. able to attract support. We are con- wrapping up another edition. Mr. MCDERMOTT, for 5 minutes, cerned that we just want the best for I want to say hello to my cousins today. our country. Thank you, Representa- that are in town, actually aunt and Mr. HOLT, for 5 minutes, today. tive MEEK and RYAN. If there is any uncle, Jimmy and Tammy Schick, who (The following Members (at the re- way to get involved in the election are here, who took me out to dinner to- quest of Mr. BURGESS) to revise and ex- process or any literature, please let me night, it was very nice, my wife Julie’s tend their remarks and include extra- know.’’ Signed Dan. aunt and uncle. neous material:) We also have one here, ‘‘I am a 40- So, that is it. Mr. COLE, for 5 minutes, today. something conservative Republican, Mr. MEEK of Florida. There is noth- Mr. ISAKSON, for 5 minutes, today. who watches you and I, which is inter- ing like family. Nothing like family. Mr. BURGESS, for 5 minutes, today. esting, is it not? A 40-something. I say to the gentleman from Ohio Mr. PAUL, for 5 minutes, July 7, 8, Mr. MEEK of Florida. Some demo- (Mr. RYAN), it was an outstanding and 9. graphic. pleasure once again. God has made it Mr. JONES of North Carolina, for 5 Mr. RYAN of Ohio. ‘‘Thank you both able for us to come back again to be minutes, July 7 and 8. for speaking honestly and not being able to speak to the American people Mr. SMITH of Michigan, for 5 minutes, mean-spirited in the talk about our and Members of the House. today and July 8. President and other Republicans. The Mr. Speaker, we appreciate the op- (The following Member (at his own growth of Federal spending also con- portunity to address the American peo- request) to revise and extend his re- cerns me. I agree in general concept ple and Members of the House tonight. marks and include extraneous mate- with your ideas you spoke about. We f rial:) all want what is best.’’ But a Repub- Mr. LARSON of Connecticut, for 5 LEAVE OF ABSENCE lican concerned about Federal spend- minutes, today. ing. By unanimous consent, leave of ab- f The one I want to end on here, ‘‘Dear sence was granted to: Members, this is a note to ask for help Mr. BECERRA (at the request of Ms. SENATE ENROLLED BILL SIGNED in getting a state of emergency de- PELOSI) for today on account of per- The SPEAKER pro tempore, Mr. clared for the unemployed.’’ State of sonal reasons. PENCE, announced his signature to an emergency. He is a union member. Ms. CARSON of Indiana (at the request enrolled bill of the Senate of the fol- ‘‘Talented trades and craft union peo- of Ms. PELOSI) for today and the bal- lowing title: ple are proud, hard-working, well- ance of the week on account of per- S. 2507. An act to amend the Richard B. trained people who seem to always sonal reasons. Russell National School Lunch Act and the have work. Things have really slowed Mr. ENGEL (at the request of Ms. Child Nutrition Act of 1966 to provide chil- all over the country or gone to low PELOSI) for today on account of a death dren with increased access to food and nutri- paying, no benefit, nonunion contrac- in the family. tion assistance, to simplify program oper- tors. We serve 4 to 5 year apprentice- Mr. HASTINGS of Florida (at the re- ations and improve program management, to ships to learn our jobs properly as well quest of Ms. PELOSI) for today and the reauthorize child nutrition programs, and for as yearly updates to stay current, and balance of the week on account of offi- other purposes. we don’t need to retrain.’’ He says, and cial business. f this is interesting, ‘‘I wish you would Mr. HINCHEY (at the request of Ms. BILL PRESENTED TO THE look into this matter, as time is cru- PELOSI) for today and the balance of PRESIDENT cial. We need your support right now. the week on account of an injury. We union folk are in great numbers and Mr. HONDA (at the request of Ms. Jeff Trandahl, Clerk of the House re- a little help from you could mean a PELOSI) for today and July 7 and 8 on ports that on July 1, 2004, he presented lot.’’ account of official business. to the President of the United States, These are people that are out strug- Mrs. JONES of Ohio (at the request of for his approval, the following bill. gling. And the CEO of Aetna, and I do Ms. PELOSI) for today and July 7 on ac- H.R. 4103. To extend and modify the trade not know if you saw this quote, the count of personal reasons. benefits under the African Growth and Op- CEO of Aetna said, ‘‘We are pretty sure Mrs. MCCARTHY of New York (at the portunity Act. that the jobs that are going to be cre- request of Ms. PELOSI) for today on ac- f ated will not have health care benefits count of illness. ADJOURNMENT associated with them.’’ Ms. SLAUGHTER (at the request of Ms. So talk about two Americas. I mean, PELOSI) for today on account of official Mr. MEEK of Florida. Mr. Speaker, I literally, you are going to have mil- business. move that the House do now adjourn. lions and millions more than we have Ms. SOLIS (at the request of Ms. The motion was agreed to; accord- now of people who are going to be with- PELOSI) for today on account of official ingly (at 11 o’clock and 4 minutes out health care. There is not a bigger business. p.m.), the House adjourned until to- stress that you could have as a parent f morrow, Wednesday, July 7, 2004, at 10 than thinking, I cannot take my kid to a.m. SPECIAL ORDERS GRANTED the clinic, I cannot take my kid to the f doctor, to the hospital, because I can- By unanimous consent, permission to not afford it, and then when you do go, address the House, following the legis- EXECUTIVE COMMUNICATIONS, you go to the emergency room. That is lative program and any special orders ETC. no way. heretofore entered, was granted to: Under clause 8 of rule XII, executive I think we do have universal health (The following Members (at the re- communications were taken from the care in this country, but it is just ad- quest of Mr. EMANUEL) to revise and ex- Speaker’s table and referred as follows: ministered through the emergency tend their remarks and include extra- 8872. A letter from the Deputy Secretary, rooms, and that is the worst way to do neous material:) Department of Defense, transmitting the it, it is the most inefficient way to do Mrs. MCCARTHY of New York, for 5 semiannual report of the Inspector General it, and it is the most costly way to do minutes, today. and the classified annex for the period Octo- it. Instead of providing the prevention Mr. PALLONE, for 5 minutes, today. ber 1, 2003 — March 31, 2004, pursuant to 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to up front, which would save everybody Mr. EMANUEL, for 5 minutes, today. the Committee on Armed Services. money in the long run, we wait. In- Ms. WOOLSEY, for 5 minutes, today. 8873. A letter from the Chairman, Council stead of going to the doctor with a Mr. BROWN of Ohio, for 5 minutes, of the District of Columbia, transmitting a cold, you go to the emergency room today. copy of D.C. ACT 15-460, ‘‘National Capital with pneumonia, and it costs the tax- Mr. LIPINSKI, for 5 minutes, today. Revitalization Corporation Eminent Domain

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K06JY7.079 H06PT1 July 6, 2004 CONGRESSIONAL RECORD — HOUSE H5193 Clarification and Skyland Eminent Domain 05] (RIN: 2120-AA64) received June 21, 2004, Beckwourth, CA. [Docket No. FAA-14849; Approval Temporary Amendment Act of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Airspace Docket No. 03-AWP-7] received 2004,’’ pursuant to D.C. Code section 1– mittee on Transportation and Infrastruc- June 21, 2004, pursuant to 5 U.S.C. 233(c)(1); to the Committee on Government ture. 801(a)(1)(A); to the Committee on Transpor- Reform. 8885. A letter from the Paralegal Spe- tation and Infrastructure. 8874. A letter from the Chairman, Council cialist, FAA, Department of Transportation, 8894. A letter from the Paralegal Spe- of the District of Columbia, transmitting a transmitting the Department’s final rule — cialist, FAA, Department of Transportation, copy of D.C. ACT 15-458, ‘‘Closing of a Por- Airworthiness Directives; Boeing Model 757 transmitting the Department’s final rule — tion of a Public Alley in Square 235, S.O. 03- Series Airplanes Equipped with Rolls Royce Airworthiness Directives; Boeing Model 767 2526, Act of 2004,’’ pursuant to D.C. Code sec- RB211 Engines [Docket No. 2000-NM-376-AD; Series Airplanes [Docket No. 2004-NM-17-AD; tion 1–233(c)(1); to the Committee on Govern- Amendment 39-13666; AD 2004-12-07] (RIN: Amendment 39-13505; AD 2004-05-10] (RIN: ment Reform. 2120-AA64) received June 21, 2004, pursuant to 2120-AA64) received June 21, 2004, pursuant to 8875. A letter from the Chairman, Council 5 U.S.C. 801(a)(1)(A); to the Committee on 5 U.S.C. 801(a)(1)(A); to the Committee on of the District of Columbia, transmitting a Transportation and Infrastructure. Transportation and Infrastructure. copy of D.C. ACT 15-455, ‘‘Youth Pollworker 8886. A letter from the Paralegal Spe- 8895. A letter from the Paralegal Spe- Amendment Act of 2004,’’ pursuant to D.C. cialist, FAA, Department of Transportation, cialist, FAA, Department of Transportation, Code section 1–233(c)(1); to the Committee on transmitting the Department’s final rule — transmitting the Department’s final rule — Government Reform. Airworthiness Directives; Boeing Model 737- Airworthiness Directives; Aeropatiale Model 8876. A letter from the Chairman, Council 100, -200, -200C, -300, -400, and -500 Series Air- ATR42-500 and ATR72-212A Series Airplanes of the District of Columbia, transmitting a planes [Docket No. 2004-NM-29-AD; Amend- [Docket No. 2002-NM-301-AD; Amendment 39- copy of D.C. ACT 15-456, ‘‘Office of Employee ment 39-13673; AD 2004-03-34 R1] (RIN: 2120- 13672; AD 2004-12-13] (RIN: 2120-AA64) received Appeals Amendment Act of 2004,’’ pursuant AA64) received June 21, 2004, pursuant to 5 June 21, 2004, pursuant to 5 U.S.C. to D.C. Code section 1–233(c)(1); to the Com- U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- mittee on Government Reform. Transportation and Infrastructure. tation and Infrastructure. 8877. A letter from the Chairman, Council 8887. A letter from the Paralegal Spe- 8896. A letter from the Paralegal Spe- of the District of Columbia, transmitting a cialist, FAA, Department of Transportation, cialist, FAA, Department of Transportation, copy of D.C. ACT 15-457, ‘‘Advisory Commis- transmitting the Department’s final rule — transmitting the Department’s final rule — sion on Sentencing Structured Sentencing Airworthiness Directives; Empresa Airworthiness Directives; McDonnell Doug- System Pilot Program Amendment Act of Brasileira de Aeronautica S.A. (EMBRAER) las Model DC-10-30 Airplane [Docket No. 2002- 2004,’’ pursuant to D.C. Code section 1– Model EMB-120 Series Airplanes [Docket No. NM-237-AD; Amendment 39-13642; AD 2004-10- 233(c)(1); to the Committee on Government 2003-NM-79-AD; Amendment 39-13671; AD 12] (RIN: 2120-AA64) received June 21, 2004, Reform. 2004-12-12] (RIN: 2120-AA64) received June 21, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 8878. A letter from the Chairman, Council 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the mittee on Transportation and Infrastruc- of the District of Columbia, transmitting a Committee on Transportation and Infra- ture. copy of D.C. ACT 15-442, ‘‘Omnibus Alcoholic structure. 8897. A letter from the Paralegal Spe- Beverage Amendment Act of 2004,’’ pursuant 8888. A letter from the Paralegal Spe- cialist, FAA, Department of Transportation, to D.C. Code section 1–233(c)(1); to the Com- cialist, FAA, Department of Transportation, transmitting the Department’s final rule — mittee on Government Reform. transmitting the Department’s final rule — Airworthiness Directives; BAE Systems (Op- 8879. A letter from the Chairman, Council Airworthiness Directives; Pilatus Aircraft erations) Limited Model BAe 146 and Avro of the District of Columbia, transmitting a Ltd. Models PC-12 and PC-12/45 Airplanes 146-RJ Series Airplanes [Docket No. 2002-NM- copy of D.C. ACT 15-463, ‘‘Omnibus Public [Docket No. 2004-CE-08-AD; Amendment 39- 343-AD; Amendment 39-13641; AD 2004-10-11] Safety Agency Reform Amendment Act of 13670; AD 2004-12-11] (RIN: 2120-AA64) received (RIN: 2120-AA64) received June 21, 2004, pur- 2004,’’ pursuant to D.C. Code section 1– June 21, 2004, pursuant to 5 U.S.C. suant to 5 U.S.C. 801(a)(1)(A); to the Com- 233(c)(1); to the Committee on Government 801(a)(1)(A); to the Committee on Transpor- mittee on Transportation and Infrastruc- Reform. tation and Infrastructure. ture. 8880. A letter from the Chairman, Council 8889. A letter from the Paralegal Spe- 8898. A letter from the Paralegal Spe- of the District of Columbia, transmitting a cialist, FAA, Department of Transportation, cialist, FAA, Department of Transportation, copy of D.C. ACT 15-459, ‘‘Removal of the transmitting the Department’s final rule — transmitting the Department’s final rule — Permanent System of Highways, a Portion of Modification of Class E Airspace; Des Airworthiness Directives; BAE Systems (Op- 22nd Street, S.E., and the Dedication of Land Moines, IA. [Docket No. FAA-2004-17145; Air- erations) Limited Model BAe 146 Series Air- for Street Purposes (S.O. 00-89) Technical space Docket No. 04-ACE-11] received June planes [Docket No. 2003-NM-171-AD; Amend- Amendment Act of 2004,’’ pursuant to D.C. 21, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to ment 39-13639; AD 2004-10-09] (RIN: 2120-AA64) Code section 1–233(c)(1); to the Committee on the Committee on Transportation and Infra- received June 21, 2004, pursuant to 5 U.S.C. Government Reform. structure. 801(a)(1)(A); to the Committee on Transpor- 8881. A letter from the Assistant Secretary 8890. A letter from the Paralegal Spe- tation and Infrastructure. for Legislative Affairs, Department of State, cialist, FAA, Department of Transportation, 8899. A letter from the Paralegal Spe- transmitting the designation as ‘‘foreign ter- transmitting the Department’s final rule — cialist, FAA, Department of Transportation, rorist organizations’’ pursuant to Section 219 Modification of Class E Airspace; Mount transmitting the Department’s final rule — of the Immigration and Nationality Act, pur- Comfort, IN; Revocation of Class E Airspace; Airworthiness Directives; NARCO Avionics suant to 8 U.S.C. 1189; to the Committee on Indianapolis-Brookside, IN; Modification of Inc. AT150 Transponders [Docket No. 2002- the Judiciary. Legal Description; Indianapolis-Terry, IN. NE-32-AD; Amendment 39-13586; AD 2004-08- 8882. A letter from the Paralegal Spe- [Docket No. FAA-2003-16059; Airspace Docket 16] (RIN: 2120-AA64) received June 21, 2004, cialist, FAA, Department of Transportation, No. 03-AGL-16] received June 21, 2004, pursu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- transmitting the Department’s final rule — ant to 5 U.S.C. 801(a)(1)(A); to the Committee mittee on Transportation and Infrastruc- Airworthiness Directives; Eurocopter France on Transportation and Infrastructure. ture. Model EC 155 B and B1 Heliocopters [Docket 8891. A letter from the Paralegal Spe- 8900. A letter from the Paralegal Spe- No. 2004-SW-05-AD; Amendment 39-13665; AD cialist, FAA, Department of Transportation, cialist, FAA, Department of Transportation, 2004-12-06] (RIN: 2120-AA64) received June 21, transmitting the Department’s final rule — transmitting the Department’s final rule — 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Establishment of Class E Airspace; King Airworthiness Directives; Eagle Aircraft Committee on Transportation and Infra- Cove, AK [Docket No. FAA-2003-13833; Air- (Malaysia) Sdn. Bhd Model Eagle 150B Air- structure. space Docket No. 03-AAL-26] received June planes [Docket No. FAA-2004-17890; Direc- 8883. A letter from the Paralegal Spe- 21, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to torate Identifier 2004-CE-14-AD; Amendment cialist, FAA, Department of Transportation, the Committee on Transportation and Infra- 39-13649; AD 2004-11-04] (RIN: 2120-AA64) re- transmitting the Department’s final rule — structure. ceived June 21, 2004, pursuant to 5 U.S.C. Airworthiness Directives; Hamilton 8892. A letter from the Paralegal Spe- 801(a)(1)(A); to the Committee on Transpor- Sundstrand Corporation (formerly Hamilton cialist, FAA, Department of Transportation, tation and Infrastructure. Standard Division) Model 568F Propellers transmitting the Department’s final rule — 8901. A letter from the Paralegal Spe- [Docket No. 2003-NE-48-AD; Amendment 39- Amendment of Class D, E2 and E4 Airspace; cialist, FAA, Department of Transportation, 13669; AD 2004-12-10] (RIN: 2120-AA64) received Columbus Lawson AAF, GA, and Class E5 transmitting the Department’s final rule — June 21, 2004, pursuant to 5 U.S.C. Airspace; Columbus, GA [Docket No. FAA- Airworthiness Directives; Boeing Defense 801(a)(1)(A); to the Committee on Transpor- 2003-16596; Airspace Docket No. 03-ASO-20] and Space Group Model 234 Helicopters tation and Infrastructure. received June 21, 2004, pursuant to 5 U.S.C. [Docket No. 2004-SW-09-AD; Amendment 39- 8884. A letter from the Paralegal Spe- 801(a)(1)(A); to the Committee on Transpor- 13651; AD 2004-06-51] (RIN: 2120-AA64) received cialist, FAA, Department of Transportation, tation and Infrastructure. June 21, 2004, pursuant to 5 U.S.C. transmitting the Department’s final rule — 8893. A letter from the Paralegal Spe- 801(a)(1)(A); to the Committee on Transpor- Airworthiness Directives; Cessna Model 500, cialist, FAA, Department of Transportation, tation and Infrastructure. 501, 550, and 551 Airplanes [Docket No. 2000- transmitting the Department’s final rule — 8902. A letter from the Paralegal Spe- NM-65-AD; Amendment 39-13594; AD 2004-09- Establishment of Class E Airspace; cialist, FAA, Department of Transportation,

VerDate May 21 2004 04:03 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\L06JY7.000 H06PT1 H5194 CONGRESSIONAL RECORD — HOUSE July 6, 2004 transmitting the Department’s final rule — the Pentagon Reservation, and for other pur- memoration of Chief Justice John Marshall; Airworthiness Directives; Agusta S.p.A. poses (Rept. 108–574 Pt. 1). Ordered to be with an amendment (Rept. 108–473 Pt. 2). Re- Model A109E Helicopters [Docket No. 2003- printed. ferred to the Committee of the Whole House SW-32-AD; Amendment 39-13652; AD 2004-11- [Pursuant to the order of the House on June 25, on the State of the Union. 06] (RIN: 2120-AA64) received June 21, 2004, 2004 the following report was filed on June 28, Mr. THOMAS: Committee on Ways and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2004] Means. H.R. 3277. A bill to require the Sec- retary of the Treasury to mint coins in committee on Transportation and Infrastruc- Mr. BOEHLERT: Committee on Science. memoration of the 230th Anniversary of the ture. H.R. 3980. A bill to establish a National United States Marine Corps, and to support 8903. A letter from the Paralegal Spe- Windstorm Impact Reduction Programs; cialist, FAA, Department of Transportation, construction of the Marine Corps Heritage with an amendment (Rept. 108–575 Pt. 1). Or- Center; with an amendment (Rept. 108–474 transmitting the Department’s final rule — dered to be printed. Airworthiness Directives; Boeing Model 747- Pt. 2). Referred to the Committee of the 400 and -400F Series Airplanes Equipped with [The following action occurred on June 30, 2004] Whole House on the State of the Union. Rolls Royce Engines [Docket No. 2003-NM- Mr. SENSENBRENNER: Committee on the Mr. POMBO: Committee on Resources. 202-AD; Amendment 39-13648; AD 2004-11-03] Judiciary. H.R. 3247. A bill to provide con- H.R. 4362. A bill to authorize the Secretary of (RIN: 2120-AA64) received June 21, 2004, pur- sistent enforcement authority to the Bureau the Interior to accept a parcel of Federal suant to 5 U.S.C. 801(a)(1)(A); to the Com- of Land Management, the National Park land in the State of Washington in trust for mittee on Transportation and Infrastruc- Service, the United States Fish and Wildlife the Nisqually Tribe, to ensure that the ac- ture. Service, and the Forest Service to respond to ceptance of such land does not adversely af- 8904. A letter from the Paralegal Spe- violations of regulations regarding the man- fect the Bonneville Power Administration, cialist, FAA, Department of Transportation, agement, use, and protection of public lands and for other purposes (Rept. 108–582 Pt. 1). transmitting the Department’s final rule — under the jurisdiction of these agencies, to Ordered to be printed. Mr. LINDER: Committee on Rules. House Airworthiness Directives; Raytheon Model clarify the purposes for which collected fines Resolution 701. Resolution providing for con- BAe.125 series 800A (including C-29A and U- may be used, and for other purposes; with an sideration of the bill (H.R. 4754) making ap- 125 Variant) and 800B Airplanes; and Model amendment (Rept. 108–511 Pt. 2). Referred to propriations for the Departments of Com- Hawker 800 (including U-125A Variant) and the Committee of the Whole House on the State of the Union. merce, Justice, and State, the Judiciary, and 800XP Airplanes [Docket No. 2003-NM-216- related agencies for the fiscal year ending [Pursuant to the order of the House on June 25, AD; Amendment 39-13646; AD 2004-11-01] (RIN: September 30, 2005, and for other purposes 2120-AA64) received June 21, 2004, pursuant to 2004, the following reports were filed on July (Rept. 108–583). Referred to the House Cal- 5 U.S.C. 801(a)(1)(A); to the Committee on 1, 2004] endar. Transportation and Infrastructure. Mr. WOLF: Committee on Appropriations. DISCHARGE OF COMMITTEE 8905. A letter from the Paralegal Spe- H.R. 4754. A bill Making appropriations for [Omitted from the Record of June 25, 2004] cialist, FAA, Department of Transportation, the Departments of Commerce, Justice, and transmitting the Department’s final rule — State, the Judiciary, and related agencies for Pursuant to clause 2 of rule XII the Airworthiness Directives; Dornier Model 328- the fiscal year ending September 30, 2005, and Committee on Armed Services dis- 100 and -300 Series Airplanes [Docket No. for other purposes (Rept. 108–576). Referred charged from further consideration. 2003-NM-120-AD; Amendment 39-13606; AD to the Committee of the Whole House on the H.R. 3936 referred to the Committee of 2004-09-17] (RIN: 2120-AA64) received June 21, State of the Union. the Whole House on the State of the 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. KINGSTON: Committee on Appropria- Union. Committee on Transportation and Infra- tions. H.R. 4755. A bill Making appropria- [The following action occurred on June 28, 2004] structure. tions for the Legislative Branch for the fis- 8906. A communication from the President cal year ending September 30, 2005, and for Pursuant to clause of rule XII the of the United States, transmitting a descrip- other purposes (Rept. 108–577). Referred to Committee on Armed Services dis- tion of the changes to existing laws, pre- the Committee of the Whole House on the charged from further consideration. pared by the Administration, that would be State of the Union. H.R. 3980 referred to the Committee of required to bring the United States into Mr. BOEHLERT: Committee on Science. the Whole House on the State of the compliance with the United States-Australia H.R. 4516. A bill to require the Secretary of Union. Free Trade Agreement, as signed by the Energy to carry out a program of research [The following action occurred on June 30, 2004] United States Trade Representative on be- and development to advance high-end com- Pursuant to clause 2 of rule XII the half of the United States on May 18, 2004, puting; with an amendment (Rept. 108–578). pursuant to Public Law 107–210, section 2105 Referred to the Committee of the Whole Committee on Agriculture discharged (a)(1)(B); (H. Doc. No. 108–198); to the Com- House on the State of the Union. from further consideration. H.R. 2966 mittee on Ways and Means and ordered to be Mr. BOEHLERT: Committee on Science. committed to the Committee of the printed. H.R. 3890. A bill to reauthorize the Steel and Whole House on the State of the Union 8907. A letter from the Regulations Coordi- Aluminum Energy Conservation and Tech- and ordered to be printed. nator, Department of Health and Human nology Competitiveness Act of 1988; with an [The following action occurred on July 6, 2004] Services, transmitting the Department’s amendment (Rept. 108–579). Referred to the Pursuant to clause 2 of rule XII the ‘‘Major’’ final rule — Medicare Program; Committee of the Whole House on the State Committee on Armed Services dis- Medicare Ambulance MMA Temporary Rate of the Union. Increases Beginning July 1, 2004 [CMS-1492- Mr. BOEHLERT: Committee on Science. charged from further consideration. IFC] (RIN: 0938-AN24) received July 1, 2004, H.R. 4218. A bill to amend the High-Perform- H.R. 4362 referred to the Committee of pursuant to 5 U.S.C. 801(a)(1)(A); jointly to ance Computing Act of 1991 (Rept. 108–580). the Whole House on the State of the the Committees on Energy and Commerce Referred to the Whole House on the State of Union. and Ways and Means. the Union. f f Mr. BOEHLERT: Committee on Science. H.R. 3598. A bill to establish an interagency TIME LIMITATION OF REFERRED REPORTS OF COMMITTEES ON committee to coordinate Federal manufac- BILL PUBLIC BILLS AND RESOLUTIONS turing research and development efforts in Pursuant to clause 2 of rule XII the Under clause 2 of rule XIII, reports of manufacturing, strengthen existing programs to assist manufacturing innovation following action was taken by the committees were delivered to the Clerk and education, and expand outreach pro- Speaker: for printing and reference to the proper grams for small and medium-sized manufac- [Omitted from the Record of June 25, 2004] calendar, as follows: turers, and for other purposes; with an H.R. 3936. Referral to the Committee on [Omitted from the Record of June 25, 2004] amendment (Rept. 108–581). Referred to the Armed Services extended for a period ending Mr. SMITH of New Jersey: Committee on Committee of the Whole House on the State not later than June 25, 2004. Veterans’ Affairs. H.R. 3936. A bill to amend of the Union. [The following action occurred on July 28, 2004] title 38, United States Code, to authorize the [Submitted July 6, 2004] H.R. 3980. Referral to the Committee on principal office of the United States Court of Mr. THOMAS: Committee on Ways and Transportation and Infrastructure extended Appeals for Veterans Claims to be at any lo- Means. H.R. 1914. A bill to provide for the for a period ending not later than June 28, cation in the Washington, D.C., metropolitan issuance of a coin to commemorate the 400th 2004. area, rather than only in the District of Co- anniversary of the Jamestown settlement; [The following action occurred on June 6, 2004] lumbia, and expressing the sense of Congress with an amendment (Rept. 108–472 Pt. 2). Re- H.R. 4011. Referral to the Committee on that a dedicated Veterans Courthouse and ferred to the Committee of the Whole House the Judiciary extended for a period ending Justice Center should be provided for that on the State of the Union. not later than July 16, 2004. Court and those it serves and should be lo- Mr. THOMAS: Committee on Ways and H.R. 4362. Referral to the Committee on cated, if feasible, at a site owned by the Means. H.R. 2768. A bill to require the Sec- Armed Services extended for a period ending United States that is part of or proximate to retary of the Treasury to mint coins in com- not later than July 6, 2004.

VerDate May 21 2004 05:00 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\L06JY7.000 H06PT1 July 6, 2004 CONGRESSIONAL RECORD — HOUSE H5195 PUBLIC BILLS AND RESOLUTIONS By Ms. ROS-LEHTINEN (for herself, H.R. 2071: Mr. KUCINICH. H.R. 2158: Mr. NUNES and Mr. DOOLEY of Under clause 2 of rule XII, public Mr. LANTOS, Mr. PENCE, Mr. SHER- MAN, Mr. CROWLEY, Mr. ACKERMAN, California. bills and resolutions of the following Ms. HARRIS, Mr. MCCOTTER, Mr. H.R. 2173: Mr. LAMPSON and Mr. HOLDEN. titles were introduced and severally re- ENGEL, Mr. DELAHUNT, Mr. SMITH of H.R. 2198: Mr. UDALL of New Mexico. ferred, as follows: New Jersey, Mr. FALEOMAVAEGA, Mr. H.R. 2727: Mr. MEEHAN and Mrs. By Mr. CLAY: WELLER, Mr. BURTON of Indiana, Mr. CHRISTENSEN. H.R. 4756. A bill to authorize the Secretary CHABOT, Mr. SCHIFF, Mr. BERMAN, Mr. H.R. 2868: Mr. WOLF, Mr. NOWROOD, Mr. of the Interior to conduct a study to deter- HOEFFEL, Mr. HASTINGS of Florida, BURNS, Mr. JOHN, and Mr. JEFFERSON. mine the suitability and feasibility of desig- Mr. ROHRABACHER, Mr. MENENDEZ, H.R. 3127: Mr. OWENS, Mr. MOORE, Mr. nating the Soldiers’ Memorial Military Mu- and Mr. BALLENGER): FOSSELLA, Mr. VAN HOLLEN, Mr. PAYNE, Mr. seum located in St. Louis, Missouri, as a H. Con. Res. 469. Concurrent resolution FROST, Mr. ANDREWS, Mr. BISHOP of Georgia, unit of the National Park System; to the condemning the attack on the AMIA Jewish Mr. FOLEY, Mr. DELAHUNT, Mr. FARR, and Committee on Resources. Community Center in Buenos Aires, Argen- Mrs. CHRISTENSEN. By Mr. STEARNS (for himself and Mr. tina, in July 1994 and expressing the concern H.R. 3193: Ms. ROS-LEHTINEN. BOUCHER): of the United States regarding the con- H.R. 3293: Mr. ANDREWS. H.R. 4757. A bill to promote deployment of tinuing, decade-long delay in the resolution H.R. 3324: Mr. KUCINICH. and investment in advanced Internet com- of this case; to the Committee on Inter- H.R. 3350: Mr. ANDREWS. munications services; to the Committee on national Relations. H.R. 3352: Mr. GUTIERREZ. Energy and Commerce. By Mr. DINGELL (for himself and Mr. H.R. 3474: Mr. GERLACH, Ms. ROS-LEHTINEN, By Mr. WEXLER: EHLERS): Mr. KANJORSKI, Ms. MAJETTE, and Mr. BROWN H.R. 4758. A bill to amend the National H. Res. 702. Resolution honoring former of South Carolina. Voter Registration Act of 1993 to prohibit President Gerald R. Ford on the occasion of H.R. 3800: Mr. CALVERT. States from removing individuals from the his 91st birthday and extending the best H.R. 3803: Mrs. CHRISTENSEN. official list of eligible voters for Federal wishes of the House of Representatives to H.R. 3831: Mr. LIPINSKI and Mrs. DAVIS of elections in the State by reason of criminal former President Ford and his family; to the California. conviction unless the removal is carried out Committee on Government Reform. H.R. 3834: Mr. MCGOVERN. in accordance with standards providing no- By Mr. PETERSON of Pennsylvania H.R. 4026: Mr. FERGUSON and Mr. GUT- tice and an opportunity for an appeal, and (for himself, Mr. SHUSTER, Mr. KNECHT. for other purposes; to the Committee on TOOMEY, Mr. GERLACH, Mr. PLATTS, H.R. 4057: Mr. RAMSTAD. House Administration. Mr. GREENWOOD, Mr. MURPHY, Mr. H.R. 4107: Mr. MARKEY, Mr. HILL, Mr. By Mr. DELAY (for himself and Mr. FEENEY, Mr. DOYLE, Ms. HART, Mr. REHBERG, Ms. CORRINE BROWN of Florida, Mr. RANGEL) (both by request): WOLF, Mr. GRADY of Pennsylvania, RUPPERSBERGER, Mr. CUMMINGS, and Ms. H.R. 4759. A bill to implement the United Mr. HOLDEN, Mr. HOEFFEL, Mr. SHER- LEE. States-Australia Free Trade Agreement; to WOOD, Mr. FATTAH, Mr. PITTS, Mr. H.R. 4140: Mr. UDALL of New Mexico. the Committee on Ways and Means. WELDON of Pennsylvania, Mr. MUR- H.R. 4205: Mr. WYNN. ALLONE By Mr. BURTON of Indiana (for himself THA, and Mr. KANJORSKI): H.R. 4261: Mr. P . and Mr. PALLONE): H. Res. 703. Resolution congratulating the H.R. 4264: Mr. HONDA. H.R. 4760. A bill to ensure that the goals of Pennsylvania State University on 150 years H.R. 4284: Ms. GINNY BROWN-WAITE of Flor- the Dietary Supplement Health and Edu- of service and commending Pennsylvania’s ida, Mr. POMBO, Mr. SAXTON, Mr. WELDON of cation Act of 1994 are met by authorizing ap- designation of the University as Pennsylva- Florida, and Mr. NEUGEBAUER. propriations to fully enforce and implement nia’s land-grant institution; to the Com- H.R. 4312: Mr. MCINTYRE and Mr. ANDREWS. such Act and the amendments made by such mittee on Education and the Workforce. H.R. 4325: Mr. PAYNE. H.R. 4341: Mr. MICHAUD. Act, and for other purposes; to the Com- By Mr. ROYCE (for himself, Ms. LORET- H.R. 4358: Mr. TERRY. mittee on Energy and Commerce. TA SANCHEZ of California, Mr. COX, H.R. 4370: Mr. JOHNSON of Illinois and Ms. By Mr. DAVIS of Florida: Mr. CALVERT, Mr. GARY G. MILLER of LEE. H.R. 4761. A bill to amend the Federal California, and Mr. ROHRABACHER): OLIS, Mr. LEWIS of Cali- Water Pollution Control Act to extend the H. Res. 704. Resolution congratulating the H.R. 4391: Ms. S fornia, Mr. SHERMAN, Mr. BURGESS, Mr. pilot program for alternative water source California State University, Fullerton Ti- DEUTSCH, Ms. WATERS, and Ms. LINDA T. projects; to the Committee on Transpor- tans baseball team for winning the 2004 Na- SANCHEZ of California. tation and Infrastructure. tional Collegiate Athletic Association Divi- H.R. 4420: Mrs. MILLER of Michigan, Mr. By Mr. PALLONE: sion I College World Series; to the Com- PAUL, and Mr. CARTER. H.R. 4762. A bill to require the Secretary of mittee on Education and the Workforce. Health and Human Services to ensure that H.R. 4440: Mr. WELDON of Florida, Mr. the public is provided adequate notice and f FEENEY, and Mr. AKIN. education on the effects of exposure to mer- ADDITIONAL SPONSORS H.R. 4463: Ms. MCCOLLUM and Ms. BALDWIN. cury through the development of health H.R. 4472: Mr. PETERSON of Pennsylvania advisories and by requiring that such appro- Under clause 7 of rule XII, sponsors and Mr. ETHERIDGE. priate advisories be posted, or made readily were added to public bills and resolu- H.R. 4521: Mr. BISHOP of Georgia. available, at all businesses that sell fresh, tions as follows: H.R. 4595: Mr. TIERNEY, Ms. SCHAKOWSKY, frozen, and canned fish and seafood where [The following were submitted July 1, 2004] Mr. MCGOVERN, Mr. DELAHUNT, Mr. the potential for mercury exposure exists; to CUMMINGS, Mr. LANGEVIN, Mr. KUCINICH, Ms. H.R. 4218: Mr. SMITH of Michigan and Mr. the Committee on Energy and Commerce. LEE, Mr. DOGGETT, and Mr. MICHAUD. GORDON. By Mr. RAHALL: H.R. 4600: Mr. MORAN of Kansas, Mr. WIL- H.R. 4516: Mr. GORDON. H.R. 4763. A bill to amend title 38, United SON of South Carolina, Mr. MICHAUD, and Mr. States Code, to extend eligibility for pension [Submitted July 6, 2004] ROGERS of Alabama. benefits under laws administered by the Sec- H.R. 126: Mr. BOSWELL. H.R. 4610: Mr. REYES, Mr. FROST, Mr. LEWIS retary of Veterans Affairs to veterans who H.R. 195: Mrs. CAPITO. of Georgia, Mr. HOLDEN, Ms. SCHAKOWSKY, served during certain periods of time in spec- H.R. 623: Mr. EHLERS. and Mr. KILDEE. ified locations; to the Committee on Vet- H.R. 717: Ms. WOOLSEY. H.R. 4628: Mr. RODRIGUEZ, Mr. MICHAUD, erans’ Affairs. H.R. 814: Mr. KENNEDY of Minnesota. Mr. DAVIS of Illinois, Mr. MCDERMOTT, and By Mr. RAHALL: H.R. 857: Mr. LEVIN. Mrs. CHRISTENSEN. H.R. 4764. A bill to amend title 28, United H.R. 1029: Mr. PALLONE. H.R. 4634: Mr. TERRY, Mr. BOEHNER, Mr. States Code, to extend eligibility for pension H.R. 1285: Mr. GONZALEZ. GILLMOR, Mr. SHAYS, Mr. REYNOLDS, Mr. benefits under laws administered by the Sec- H.R. 1489: Mr. GINGREY. GORDON, and Mr. WOLF. retary of Veterans Affairs to veterans who H.R. 1565: Mrs. CHRISTENSEN. H.R. 4662: Mrs. NORTHUP. received an expeditionary medal during a pe- H.R. 1582: Mr. KENNEDY of Minnesota. H.R. 4677: Mr. HAYES and Mr. GOODE. riod of military service other than a period H.R. 1587: Mr. FILNER. H.R. 4688: Mr. MORAN of Virginia. of war; to the Committee on Veterans’ Af- H.R. 1657: Mrs. CHRISTENSEN and Mr. H.R. 4728: Mr. SERRANO and Mr. SKELTON. fairs. ISRAEL. H.J. Res. 56: Mr. PUTNAM. By Ms. WOOLSEY: H.R. 1726: Mr. DELAHUNT. H.J. Res. 99: Mr. SAM JOHNSON of Texas and H.R. 4765. A bill to amend the Elementary H.R. 1818: Mr. RYAN of Ohio, Mr. CAPUANO, Mr. REGULA. and Secondary Education Act of 1965 to pro- and Mr. MCGOVERN. H. Con. Res. 247: Mr. TIBERI. vide grants to local educational agencies to H.R. 1824: Ms. ROYBAL-ALLARD. H. Con. Res. 371: Ms. SCHAKOWSKY. encourage girls to pursue studies and careers H.R. 1861: Mr. GRIJALVA. H. Res. 129: Mr. JACKSON of Illinois. in science, mathematics, engineering, and H.R. 1995: Mr. BOEHLERT. H. Res. 466: Mr. LIPINSKI and Mrs. technology; to the Committee on Education H.R. 2023: Mr. HOLT, Mr. ISRAEL, and Mr. CHRISTENSEN. and the Workforce. LEWIS of Georgia. H. Res. 570: Mr. LANTOS.

VerDate May 21 2004 05:00 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A06JY7.044 H06PT1 H5196 CONGRESSIONAL RECORD — HOUSE July 6, 2004

H. Res. 642: Mr. UDALL of New Mexico. tion of or tampering with the evidence TITLE VIII—ADDITIONAL GENERAL H. Res. 666: Ms. DUNN. sought under the warrant’’; and PROVISIONS H. Res. 667: Ms. DELAURO and Mr. GOOD- (B) in paragraph (3), by striking ‘‘a reason- SEC. 801. (a) None of the funds made avail- LATTE. able period’’ and all that follows and insert- able in this Act to the Department of Justice H. Res. 673: Mr. RANGEL. ing ‘‘seven calendar days, which period, upon may be used— H. Res. 687: Ms. KAPTUR. application of the Attorney General, the (1) to take any legal action against a phy- H. Res. 688: Mr. TOOMEY. Deputy Attorney General, or an Associate sician for prescribing or administering a H. Res. 690: Ms. WATERS, Mr. MCDERMOTT, Attorney General, may thereafter be ex- drug not included in schedule I of the sched- Mrs. MALONEY, Mr. COOPER, Ms. MCCARTHY tended by the court for additional periods of ules of controlled substances under section of Missouri, Ms. ROYBAL-ALLARD, Mr. up to seven calendar days each if the court 202(c) of the Controlled Substances Act for TIERNEY, Ms. JACKSON-LEE of Texas, Mr. finds, for each application, reasonable cause the purpose of relieving or managing pain; or BLUMENAUER, Mr. FATTAH, Mrs. CAPPS, Mrs. to believe that notice of the execution of the (2) to threaten legal action in order to pre- JONES of Ohio, Mr. SERRANO, Mr. ISRAEL, Ms. warrant will endanger the life or physical vent a physician from prescribing or admin- MCCOLLUM, Mr. OBERSTAR, and Mr. KLECZKA. safety of an individual, result in flight from istering such a drug for such purpose. H. Res. 699: Mr. MEEHAN. prosecution, or result in the destruction of (b) None of the funds made available in H. Res. 700: Mr. MEEHAN and Mr. or tampering with the evidence sought under this Act to the Department of Justice may MCDERMOTT. the warrant.’’; and be used— f (2) by adding at the end the following new (1) to take any legal action against a per- subsection: AMENDMENTS son for acts relating to the prescribing or ad- ‘‘(c) REPORTS.—(1) On a semiannual basis, ministering by a physician of such a drug for Under clause 8 of rule XVIII, pro- the Attorney General shall transmit to Con- such purpose; or posed amendments were submitted as gress and make public a report concerning (2) to threaten any legal action against a follows: all requests for delays of notice, and for ex- person in order to prevent the person from tensions of delays of notice, with respect to H.R. 4754 engaging in acts relating to the prescribing warrants under subsection (b). or administering by a physician of such a OFFERED BY: MR. SANDERS ‘‘(2) Each report under paragraph (1) shall drug for such purpose. AMENDMENT NO. 1: At the end of the bill include, with respect to the preceding six- H.R. 4754 (before the short title), insert the following month period— new title: ‘‘(A) the total number of requests for OFFERED BY: MR. PAUL TITLE VIII—ADDITIONAL GENERAL delays of notice with respect to warrants AMENDMENT NO. 9: At the end of the bill PROVISIONS under subsection (b); (before the short title), insert the following: ‘‘(B) the total number of such requests SEC. 801. None of the funds made available TITLE VIII—ADDITIONAL GENERAL granted or denied; and in this Act may be used to make an applica- PROVISIONS ‘‘(C) for each request for delayed notice tion under section 501 of the Foreign Intel- SEC. 801. None of the funds made available that was granted, the total number of appli- ligence Surveillance Act of 1978 (50 U.S.C. in this Act may be used to pay expenses for cations for extensions of the delay of notice 1861) for an order requiring the production of any United States contribution to the and the total number of such extensions library circulation records, library patron United Nations Educational, Scientific, and granted or denied.’’. lists, library Internet records, bookseller Cultural Organization (UNESCO). sales records, or bookseller customer lists. H.R. 4754 H.R. 4754 OFFERED BY: MR. TANCREDO H.R. 4754 OFFERED BY: MR. PAUL OFFERED BY: MR. SANDERS AMENDMENT NO. 5: At the end of the bill, AMENDMENT NO. 10: At the end of the bill AMENDMENT NO. 2: At the end of the bill insert after the last section (preceding the (before the short title), add the following: short title) the following: (before the short title), insert the following TITLE VIII—ADDITIONAL GENERAL new title: TITLE VIII—ADDITIONAL GENERAL PROVISIONS TITLE VIII—ADDITIONAL GENERAL PROVISIONS SEC. 801. None of the funds made available PROVISIONS SEC. 801. None of the funds made available in this Act may be used to pay any United SEC. 801. None of the funds made available in this Act for the State Criminal Alien As- States contribution to the United Nations or in this Act may be used to make an applica- sistance Program under the heading ‘‘DE- any affiliated agency of the United Nations. tion under section 501 of the Foreign Intel- PARTMENT OF JUSTICE—OFFICE OF JUS- H.R. 4754 ligence Surveillance Act of 1978 (50 U.S.C. TICE PROGRAMS—STATE AND LOCAL LAW EN- 1861) for an order requiring the production of FORCEMENT ASSISTANCE’’ may be used in con- OFFERED BY: MR. KUCINICH library circulation records, library patron travention of section 642(a) of the Illegal Im- AMENDMENT NO. 11: Page 57, line 11, after lists, library Internet records, book sales migration Reform and Immigrant Responsi- the dollar amount, insert the following: ‘‘(re- records, or book customer lists. bility Act of 1996 (8 U.S.C. 1373). duced by $1,000,000) (increased by $1,000,000)’’. H.R. 4754 H.R. 4754 H.R. 4754 OFFERED BY: MR. SANDERS OFFERED BY: MR. FARR OFFERED BY: MR. KUCINICH AMENDMENT NO. 3: At the end of the bill AMENDMENT NO. 6: Insert before the short AMENDMENT NO. 12: Page 57, line 11, after (before the short title), insert the following title at the end the following: the dollar amount, insert the following: ‘‘(re- new title: duced by $250,000) (increased by $250,000)’’. TITLE VIII—ADDITIONAL GENERAL TITLE VIII—ADDITIONAL GENERAL PROVISIONS H.R. 4754 PROVISIONS SEC. 801. None of the funds made available OFFERED BY: MR. KUCINICH SEC. 801. None of the funds made available in this Act to the Department of Justice AMENDMENT NO. 13: Page 57, line 11, after in this Act may be used to make an applica- may be used to prevent the States of Alaska, the dollar amount, insert the following: ‘‘(re- tion under section 501 of the Foreign Intel- California, Colorado, Hawaii, Maine, Mary- duced by $50,000) (increased by $50,000)’’. ligence Surveillance Act of 1978 (50 U.S.C. land, Nevada, Oregon, Vermont, or Wash- 1861) for an order requiring the production of H.R. 4754 ington from implementing State laws au- library circulation records, library patron OFFERED BY: MS. JACKSON-LEE OF TEXAS thorizing the use of medical marijuana in lists, library Internet records, bookseller those States. AMENDMENT NO. 14: Page 2, line 7, after the sales records, or bookseller customer lists. dollar amount, insert ‘‘(decreased by H.R. 4754 H.R. 4754 $1,000,000)’’. OFFERED BY: MR. OTTER OFFERED BY: MR. PAUL Page 84, line 11, after the first dollar amount, insert ‘‘(increased by $1,000,000)’’. AMENDMENT NO. 4: Insert before the short AMENDMENT NO. 7: At the end of the bill title at the end the following: (before the short title), insert the following: H.R. 4754 TITLE VIII—NOTICE OF SEARCH TITLE VIII—ADDITIONAL GENERAL OFFERED BY: MS. JACKSON-LEE OF TEXAS WARRANTS PROVISIONS AMENDMENT NO. 15: Page 2, line 7, after the SEC. 801. Section 3103a of title 18, United SEC. 801. None of the funds made available dollar amount, insert the following: ‘‘(re- States Code, is amended— in this Act may be used for the American duced by $10,000,000)’’. (1) in subsection (b)— Community Survey. Page 26, line 20, after the dollar amount, (A) in paragraph (1), by striking ‘‘may have H.R. 4754 insert the following: ‘‘(increased by an adverse result (as defined in section 2705)’’ $10,000,000)’’. and inserting ‘‘will endanger the life or phys- OFFERED BY: MR. PAUL Page 28, line 4, after the dollar amount, in- ical safety of an individual, result in flight AMENDMENT NO. 8: Insert before the short sert the following: ‘‘(increased by from prosecution, or result in the destruc- title at the end of the bill the following title: $10,000,000)’’.

VerDate May 21 2004 05:00 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A06JY7.050 H06PT1 July 6, 2004 CONGRESSIONAL RECORD — HOUSE H5197 H.R. 4754 H.R. 4754 ‘‘(reduced by $2,605,000) (increased by OFFERED BY: MR. OXLEY $2,605,000)’’. OFFERED BY: MS. JACKSON-LEE OF TEXAS AMENDMENT NO. 17: Page 5, line 20, after H.R. 4754 AMENDMENT NO. 16: Page 8, beginning on the first dollar amount, insert the following: line 4, strike ‘‘Attorneys.’’ and insert ‘‘At- ‘‘, of which $2,605,000 shall be for 25 positions OFFERED BY: MR. AKIN to investigate and prosecute adult obsenity torneys: Provided further, That in using funds AMENDMENT NO. 20: At the end of the bill and child exploitation crimes,’’. made available under this heading to pros- (before the short title), insert the following: ecute crimes described in section 274(a) of H.R. 4754 the Immigration and Nationality Act (8 OFFERED BY: MR. OXLEY TITLE VIII—ADDITIONAL GENERAL U.S.C. 1324(a)), priority shall be given to AMENDMENT NO. 18: Page 5, line 20, after PROVISIONS the first dollar amount, insert the following: cases in which the offense was part of an on- SEC. 801. None of the funds made available going commercial organization or enterprise; ‘‘, of which $2,605,000 shall be for the Child in this Act may be used in contravention of the aliens were transported in groups of 10 or Exploitation and Obscenity Section,’’. the provisions of subsections (e) and (f) of more; and the aliens were transported in a H.R. 4754 section 301 of the United States Leadership manner that endangered their lives or the OFFERED BY: MR. OXLEY Against HIV/AIDS, Tuberculosis, and Ma- aliens presented a life-threatening health AMENDMENT NO. 19: Page 5, line 20, after laria Act of 2003 (Public Law 108–25; 22 U.S.C. risk to people in the United States.’’. the first dollar amount, insert the following: 7631(e) and (f)).

VerDate May 21 2004 05:00 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A06JY7.057 H06PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, SECOND SESSION

Vol. 150 WASHINGTON, TUESDAY, JULY 6, 2004 No. 91 Senate The Senate met at 9:45 a.m. and was appoint the Honorable CONRAD R. BURNS, a I hope we will be able to consider it in called to order by the Honorable Senator from the State of Montana, to per- a fair and expeditious way. As I men- CONRAD R. BURNS, a Senator from the form the duties of the Chair. tioned, this is an abbreviated legisla- State of Montana. TED STEVENS, tive period due to the respective party President pro tempore. conventions which begin later this PRAYER Mr. BURNS thereupon assumed the month. There is a lot of work to do The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. over the next 3 weeks, including con- fered the following prayer: f sideration of the appropriations bills. Let us pray. RESERVATION OF LEADER TIME The best way for us to ensure we Our Lord and our God, as the waters complete the class action measure is fill the sea, let America be filled with The ACTING PRESIDENT pro tem- for the Senate to focus on related people who know You. Help our citi- pore. Under the previous order, the amendments on that bill. The issue has zens to live for Your honor. Increase leadership time is reserved. been before this body previously; there- our faith, hope, and love that we may f fore, I hope we can consider relevant receive Your promises. Be merciful to amendments and ultimately pass this RECOGNITION OF THE MAJORITY our Nation, for You are our hope. The legislation with a large bipartisan LEADER brightness of Your glory covers the vote. If this bill becomes a vehicle for heavens and light flashes from Your The ACTING PRESIDENT pro tem- every unrelated issue that is stored in Hands. Hide not Your mighty power pore. The Senator from Tennessee is people’s desks and in their minds, I am from us. recognized. afraid this abbreviated schedule will Empower our lawmakers today with f not make it possible to do that. And if the music of Your wisdom that they we insist upon offering a lot of unre- may bring hope out of despair and joy SCHEDULE lated amendments, the ultimate con- out of sadness. Teach us to celebrate, Mr. FRIST. Mr. President, I do want sideration of the bill clearly will be im- even in the darkness, because You are to welcome everyone back following possible because of the time involved. the God who saves us. Give us the the Fourth of July recess. Today, we Having said that, I will be working strength to stand on the mountain. return to business for a relatively with the Democratic leadership to see Amen. brief, under-3-week legislative period, if we can finish this bill in a reasonable f but what I know will be a very produc- period of time. Again, I welcome back tive legislative period. This morning all of my colleagues. It will be a very PLEDGE OF ALLEGIANCE we will proceed to executive session busy session over the next 3 weeks. I The Honorable CONRAD R. BURNS led and the consideration of J. Leon ask in advance for everyone’s patience the Pledge of Allegiance, as follows: Holmes to be a U.S. District Judge for and cooperation during this period. I pledge allegiance to the Flag of the the Eastern District of Arkansas. Pur- Mr. DASCHLE. Mr. President, if the United States of America, and to the Repub- suant to the agreement reached prior majority leader will yield? lic for which it stands, one nation under God, to adjourning, there will be up to 6 The ACTING PRESIDENT pro tem- indivisible, with liberty and justice for all. hours of debate today before the vote pore. The Senator from South Dakota. f on the confirmation of this nomina- Mr. DASCHLE. Let me welcome him APPOINTMENT OF ACTING tion. I anticipate that vote occurring back and express the hope that we can PRESIDENT PRO TEMPORE sometime around 5:30 today, and that work together on a number of issues will be the first vote of the day. this work period. Could the majority The PRESIDING OFFICER. The We also expect to consider additional leader give us some indication as to clerk will please read a communication judicial nominations throughout this what we might expect once the class to the Senate from the President pro period prior to the August recess, and action bill has been completed? What tempore (Mr. STEVENS). we will be scheduling those nomina- other issues do you expect to take dur- The legislative clerk read the fol- tions as they become available. ing this 3-week period and in what lowing letter: Following the vote on the Holmes order of sequence? If the majority lead- U.S. SENATE, nomination, we will begin consider- er could share that with us, it would be PRESIDENT PRO TEMPORE, Washington, DC, July 6, 2004. ation of the class action fairness legis- helpful as well. To the Senate: lation, and that debate will begin after Mr. FRIST. Mr. President, as we get Under the provisions of rule I, paragraph 3, the vote and continue tonight. This back and do our planning over the of the Standing Rules of the Senate, I hereby class action bill is a bipartisan bill, and course of the next several hours and

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S7529

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.000 S06PT1 S7530 CONGRESSIONAL RECORD — SENATE July 6, 2004 days, we will do just that. As I men- Nominees should be judged on their Many proposals have been introduced tioned, we have the class action bill. temperament and their ability to im- in this Senate to create jobs and to Once we complete that, we have appro- partially uphold the law. The Framers help people who have lost jobs find new priations bills. We are, at some junc- of the Constitution wisely rejected re- ones. We owe it to the American people ture, going to consider the Federal ligious tests for officeholders. I would to consider a variety of ideas. And in marriage amendment, and there will be hate to see this body try to upend that weighing our economic options, the a number of other issues. But as they wise judgment of our Founders. question we ought to ask ourselves is come forward, I would be happy to dis- A judge should know how to separate not whether an idea is optimistic or cuss it with the leader. his personal views from those of the pessimistic. The question we should law, and Leon Holmes’ record of impar- ask about every proposal is: Does it do f tiality speaks for itself. right by America? Will it lead to the LEON HOLMES Mr. Holmes finished law school at the kind of economic growth that benefits Mr. FRIST. Mr. President, I want to top of his class. He was inducted into all Americans, not just the fortunate spend a few minutes on what the Sen- Phi Beta Kappa while a doctoral stu- few? Does it provide incentives to en- ate will be addressing over the next dent at Duke University. His doctoral courage companies to create jobs in several hours. That is the consider- dissertation discusses the political phi- America—rather than encouraging ation of the nomination of Leon losophies of W.E.B. DuBois and Booker companies to ship American jobs over- Holmes to be a Federal district court T. Washington, and it analyzes the ef- seas? Does it help the people and com- judge in the Eastern District of Arkan- fort Dr. Martin Luther King, Jr. made munities that have lost jobs these last sas. His nomination has been lan- to reconcile their divergent views. Mr. 4 years? Does it give them the tools guishing since January 2003. It is long Holmes was habeas counsel for death and the opportunities to replace those lost jobs with better jobs? Or does it past time that the Senate give Mr. row inmate Ricky Ray Rector, a men- just write them off? Does it do right by Holmes the up-or-down vote he de- tally retarded man whose execution the millions of middle-class families serves. then-Governor Clinton refused to com- who are working harder every year but Mr. Holmes is known in his home mute during the 1992 Presidential elec- are still losing ground economically? State of Arkansas as a brilliant and tion. Clearly, his record speaks of a man Optimism alone can’t stretch a pay- impartial jurist who follows the law. who is compassionate, thoughtful, and check, or pay a mortgage, or put your His nomination has brought substan- fairminded. Taken together, I believe children through college. tial opposition from some liberal activ- Leon Holmes will be a just and impar- Some people point to the fact that ists in Washington. But in Arkansas, tial jurist. He deserves the Senate’s the economy has finally started to cre- he has earned respect and support from support, and I trust that my colleagues ate jobs as proof that we have solved liberals and conservatives alike. will join me in voting to confirm him the jobs problem. They say that all we These supporters include Kent later today. have to do now is stay the course and Rubens, who led the fight to strike I yield the floor. be patient. I wish the people who say down Arkansas’s pro-life laws in the f that would come to North Sioux City, wake of Roe v. Wade. Rubens writes in SD, and some of the communities that a letter to Chairman HATCH and Sen- RECOGNITION OF THE MINORITY surround it. Until very recently, North ator LEAHY on March 21, 2003: LEADER Sioux City was the headquarters for I cannot think of anyone who is better The ACTING PRESIDENT pro tem- Gateway computers, one of the largest qualified to serve . . . As someone who has pore. The distinguished minority lead- private employers in South Dakota. represented the pro-choice view, I ask that er is recognized. Four years ago, Gateway employed you urge your members to support this con- f 6,000 people in the Siouxland area firmation. ON OPTIMISM AND THE ECONOMY around North Sioux City. But the re- Or you can listen to this letter from cession and the shakeout in the tech- Ellen Woods Harrison to Chairman Mr. DASCHLE. Mr. President, we nology sector hit Gateway hard, as it HATCH and Senator LEAHY: hear a lot these days about how essen- did many tech companies. Today, only I am a female attorney in Little Rock, Ar- tial optimism is to economic growth 1,700 people work for Gateway in the kansas. I am a life-long Democrat and am and progress. These discussions remind North Sioux City area. also pro-choice . . . I commend Mr. Holmes me of that old saying that ‘‘an opti- I am not sure if it is a blessing or a to you. He is a brilliant man, a great lawyer mist is someone who believes we’re liv- curse, but the job losses at Gateway and a fine person. ing in the best of all possible worlds, didn’t come in one crushing blow. They And the editorial board of the Arkan- and a pessimist is someone who fears came instead as a steady stream of lay- sas Democrat Gazette supports Mr. this may be true.’’ By those defini- offs. While none was large enough to Holmes’ nomination. They write: tions, there are probably very few opti- grab national media attention, the cu- What distinguishes Mr. Holmes is the rare mists or pessimists in America because mulative impact of these layoffs on the blend of qualities he brings to the law—intel- we all know that America’s economy families and communities in the lect, scholarship, conviction, and detach- today is not the best possible. Siouxland area around North Sioux ment . . . He would not only bring distinc- This morning, I want to say a few City has been devastating. Some of the tion to the bench, but a promise of great- words about how we can strengthen our laid-off workers received severance ness. economy and create new jobs and a packages. Some have found new jobs I should also note that Arkansas’s brighter future for hard-working mid- that pay less. Many are still looking Democratic Senators, Mark Pryor and dle-class families in America. for work. There are many more good Blanche Lincoln, strongly support We are all relieved that the economy workers today in the Siouxland area Leon Holmes. has finally started adding more jobs than there are good jobs. In light of this broad support for Mr. each month than it is shedding. After These times are tough even for many Holmes, one wonders if some activists 21⁄2 years in which our economy lost people who are working. Over the past in Washington are more interested in a jobs every month, these new jobs are year, real weekly earnings actually fell witch hunt than in fairness. This body good news—especially for the millions for the average worker, according to should not erect religious tests for of Americans who are looking for work. the Department of Labor. In South Da- judges. One’s personal religious be- But there are still over a million fewer kota and across America, workers are liefs—in Leon Holmes’ case, his Catho- jobs in America today than there were earning less than they did a year ago, lic beliefs—should not disqualify any- 4 years ago. In addition, the latest job- but they are paying more—for gas, one from serving on the bench. I fear growth figures, released last Friday, health care, tuition, and other basic that the arguments put forth by some were considerably weaker than most necessities. of my colleagues may lead to the dis- analysts had predicted. That dis- Even with the recent easing of prices, qualification of judicial nominees who appointing news reminds us that opti- gas still costs 30 cents a gallon more in are Catholic or Baptist or who hold mism alone is not a national economic South Dakota today than it did a year deeply held religious views. policy. What we need is realism. ago.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.003 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7531 Health care costs continue to rise by shipped overseas, we don’t need to cre- areas, on Indian reservations and in double digits every year. More employ- ate a new government bureaucracy. We other communities in South Dakota ers are being forced to scale back the just need to invest in solutions that we where private lenders weren’t as opti- health care benefits they offer their know work. mistic as the EDA about the commu- workers; others are dropping health The Commerce Department’s Trade nity’s future. If we are looking to re- care coverage altogether. According to Adjustment Assistance program is one ward hard work and optimism, we need a new report by Families USA, 27 per- example. It helps manufacturing work- to make sure EDA has the resources to cent of South Dakotans today have no ers who have lost jobs because of carry out its mission wherever it is health insurance. Across America, 44 globalization get back on their feet. needed. million people are in that category. Among other things, it provides access Around the country there must be And most of the people who are unin- to community college so workers can hundreds, if not thousands, of commu- sured get up and go to work every day. learn new job skills and it helps work- nities like North Sioux City, where They work hard. Some of them work ers maintain their health coverage well-equipped factories stand idle and two and three jobs to support their until they can find work. well-trained, highly skilled workers The Trade Adjustment Assistance families. But they can’t afford health are waiting for an opportunity. Even program is a good program. The only insurance. You don’t have to be an op- though they have had a tough time problem is, it doesn’t cover service-sec- timist to believe that we can do better these last few years, these workers are tor workers, who are among the work- than that. not pessimistic about America. They ers hardest hit by ‘‘outsourcing’’ and Last week, the Federal Reserve believe in America. They believe the ‘‘offshoring.’’ During the debate on the raised interest rates for the first time future can be better than the past and FSC bill, the Senate considered a bi- in 4 years as protection against infla- they’re willing to work hard to make partisan proposal to expand the Trade tion. Most analysts predict that we that happen. will see additional rate hikes in the fu- Adjustment Assistance program to ture. And the enormous budget deficits help service-sector workers whose jobs Let’s work together to show these built up these last 4 years will put even are being shipped to India and other workers that America believes in them. more pressure on interest rates, mak- low-wage countries. Not only did the Optimistic words are not enough. We ing it harder and more expensive for administration oppose our efforts to need a comprehensive economic plan families to borrow money and to pay help these workers get back on their that does right by all Americans. We off mortgages, loans and credit card feet, it continues to encourage compa- need to reduce the squeeze on middle- balances. nies to ship more jobs overseas. class families and make sure that The Gateway workers who have lost Turning our backs on workers who every American worker is able to find their jobs, and middle-class families are being displaced by this economic work that allows them to care for their across South Dakota and across Amer- transition isn’t optimism. And it isn’t family and live in dignity. We have ica, don’t lack for optimism. But it is doing right by America. We can do bet- done it before. Working together, we not easy to be patient when you have ter—by expanding the Trade Adjust- can do it again. lost your job and your unemployment ment Assistance program to match the Mr. President, I yield the floor, and I benefits, and your savings are getting realities of today’s economy and help suggest the absence of a quorum. low. It is not easy when you are work- more laid-off workers get back on their ing harder every year and getting deep- feet. The PRESIDING OFFICER (Mr. er in debt. We should also extend Federal unem- CHAMBLISS). The clerk will call the Middle-class families across America ployment benefits for those workers roll. are getting squeezed between stagnant who have exhausted their State bene- The bill clerk proceeded to call the wages and rising costs. They are being fits and still can’t find work. It is the roll. hurt by an economy that is creating sensible thing to do. It is the decent Mr. PRYOR. Mr. President, I ask jobs too slowly to fill the demand, and thing to do. It is right for America. unanimous consent that the order for by the fact that the new jobs pay, on And with the average length of unem- the quorum call be rescinded. average, 21 percent less than the jobs ployment at a 20-year high, we need to they replaced. do it now. The PRESIDING OFFICER. Without The choices we make must do right We can also do a better job of helping objection, it is so ordered. by these families. Middle-class families businesses create new jobs. Tax cuts need more—and deserve more—than are one tool. But they do not, by them- f soothing words of optimism. They de- selves, create jobs. Small businesses serve action from the Federal Govern- and start-ups need access to capital. ORDER OF BUSINESS ment—smart, sustained, realistic, bi- They need technical advice. They need partisan action to help people who help developing marketing plans. In Mr. REID. Mr. President, will the have lost jobs find new ones and to other words, they need the kind of help Senator yield? make sure that American companies that is provided by innovative pro- Mr. PRYOR. Yes. and workers can compete for, and win, grams such as the Small Business Ad- Mr. REID. It is my understanding the jobs of the future. ministration’s lending and technical One of the fastest, easiest ways we assistance programs, and the Treasury that on the matter we are about to can reduce the economic squeeze on Department’s Community Develop- consider there are 6 hours under the middle-class families is by protecting ment Financial Institutions Fund. order before the Senate; is that right? overtime pay. The Senate voted over- Both of these programs have achieved The PRESIDING OFFICER. That is whelmingly last year to reject the ad- wonderful results with limited re- correct. ministration’s outrageous effort to sources. Yet the President’s proposed Mr. REID. We are starting at ap- deny overtime pay to millions of work- budget for next year drastically re- proximately 10 after. We will have a ers, and we rejected that misguided duces or eliminates funding for many little more than 2 hours before the proposal again this year when we of their efforts. That is a mistake, and lunch break, and we will come back at passed the Senate version of the FSC we should fix it. 2:15. So if all 6 hours were used, what bill. Overtime pay isn’t extra money; it Finally, EDA, the Economic Develop- time would we vote tonight? is essential family income and pro- ment Administration, which is part of tecting it is doing right by America. the Commerce Department, was cre- The PRESIDING OFFICER. Approxi- We need to continue to stand together ated specifically to ‘‘alleviate condi- mately 6 o’clock. and make sure that the final FSC bill tions of substantial and persistent un- Mr. REID. OK. So if we are going to Congress sends to the President pre- employment and underemployment in do what the majority leader suggests, serves overtime protections. economically distressed areas and re- someone would have to yield back When it comes to helping workers gions.’’ I have seen how EDA seed some time for us to be able to vote at whose jobs have disappeared or been money can grow into real jobs in rural 5:30. That is doable. I appreciate that.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.006 S06PT1 S7532 CONGRESSIONAL RECORD — SENATE July 6, 2004 EXECUTIVE SESSION ably would mean, given the number of The sentence about rape victims— Federal judges we have, given his age, Which I just quoted— it would be very unlikely for him to which was made in a letter to the editor in NOMINATION OF J. LEON HOLMES, ever have an abortion case. 1980 is particularly troublesome to me from OF ARKANSAS, TO BE UNITED Second, even if he did have an abor- the distance of 23 years. Regardless of the STATES DISTRICT JUDGE FOR tion case, Mr. Holmes has represented merits of the issue, the articulation in that THE EASTERN DISTRICT OF AR- every pro-life group in the State of Ar- sentence reflects an insensitivity for which KANSAS kansas—I cannot speak to all of his cli- there is no excuse and for which I apologize. The PRESIDING OFFICER. Under ents, but he has represented them and He goes on to say in another para- the previous order, the Senate will now has been very involved with them. So graph: proceed to executive session to con- undoubtedly he would have a conflict if Let me be clear that Roe v. Wade, as af- sider Calendar No. 165. The clerk will any of those cases ever came before firmed by Casey, is the law of the land. As a state the nomination. him as a judge. district judge, I would be bound to follow it The legislative clerk read the nomi- Mr. Holmes has a very deep convic- and would do so. nation of J. Leon Holmes, of Arkansas, tion and a genuine passion about the In another response about when it to be United States District Judge for issue of when life begins and whether comes time for him to consider wheth- the Eastern District of Arkansas. this country should allow women the er he should recuse in cases, he said: The PRESIDING OFFICER. There right to choose under any cir- I would follow 28 U.S.C. 455 and the Code of will be 6 hours of debate equally di- cumstance. It is a position that is Conduct for United States Judges when mak- vided. based on much thought and much rea- ing recusal decisions. The Senator from Arkansas is recog- son and even much prayer. He goes on to say in another para- nized. I can say this: After reviewing his graph: Mr. PRYOR. Mr. President, we find record very thoroughly in the last Roe v. Wade is the law of the land. As a ourselves today considering the nomi- year—by the way, this nomination has judge, I would be bound by oath to follow nation of Leon Holmes for the Eastern been pending in the Senate for over a that law. I do not see how a judge could fol- District of Arkansas. I have known Mr. year—he has made a number of inflam- low the law but restrict the rights estab- Holmes for a number of years. In fact, matory statements, and I thought what lished by the law. I used to practice law with him. Even I would do is read through a few of In other words, he is committing though I count him as a friend, I have those very briefly so my colleagues over and over he is going to follow the to go back to the criteria that I use will understand what the controversy law of the land. when I consider any nomination for the with Mr. Holmes is all about. Again, in answer to another question: Federal bench. At one point, he wrote: I recognize the binding force of the court’s Basically, I have a four-part test that Concern for rape victims is a red herring holding in Griswold and Eizenstat recog- I apply. One: Is the nominee qualified? because conceptions from rape occur with nizing the right to privacy. Two: Does the nominee have the nec- the same frequency as snow in Miami. Once again, people can have a legiti- essary experience for the post? Three: I could go through a series of state- mate, genuine concern and can ask Will the nominee, once he or she is on ments he made. Let me read a couple questions about this point, but time the bench, be fair and impartial? And more. He, in effect, compared the pro- and again he answers his critics. the fourth criteria is more of a catch- choice movement to some things that He says later: all: Are there other circumstances— were going on in Nazi Germany. I think Roe v. Wade establishes that the constitu- maybe his or her temperament or that is a fair statement without trying tional right to privacy includes a woman’s maybe he or she has an agenda—is to get into the long background and right to have an abortion. there something in their background quote on that point. In another section he says: that might prevent this person from Another item which has been con- I do not understand that the Court in Roe serving? troversial is that he wrote a piece for a v. Wade contended that the decision there Clearly, Leon Holmes is a qualified Catholic newspaper in Arkansas. He was mandated by strict construction as the nominee. There is no doubt about that. also cowrote it with his wife. In this term is defined above. Also, clearly he has the necessary expe- piece it says that a wife has the obliga- He is talking about this phrase in the rience to serve as a district judge in tion to ‘‘subordinate herself to her hus- question. the Eastern District of Arkansas. band’’ and ‘‘to place herself under the I recognize these decisions are, once again, Rightly so, people can ask and should authority of the man.’’ Here, again, the law of the land. They are binding prece- ask: Can he be fair and impartial? this is a reflection of Catholic doctrine. dent on all courts. If I am confirmed, I will There is no question about the fact It is a teaching that is found in the do my utmost to follow these and all other that Leon Holmes has been a strong ad- New Testament. It is something in precedents of the Supreme Court of the vocate when it comes to the issue of which Mr. Holmes and his wife both United States. life and choice. He is strongly on the participate. When we hear statements Then the last couple of excerpts I pro-life side. He has been very clear such as that, naturally questions are would like to read are these. Here about that point. For over two decades raised and people ask: Is this the kind again he is talking about Roe v. Wade: now, there is no question, there is no of person we want on the Federal As a judge, I would follow every decision of doubt about where Mr. Holmes stands bench? the Supreme Court that has not been subse- on that important issue facing our Na- If we look at most of the statements quently overruled. tion today. he has made about abortion and other How many times does he have to say Let’s look at that issue and let’s look subjects, not every single one, but that? How many times does he have to at some statements he made and some most are at least 15 years old. He has say he is going to follow the law? things we have learned about Mr. apologized during the course of this I know Leon personally. Lawyers in Holmes during this nomination proc- nomination process, and, for all I Arkansas have worked with him, and ess. know, he has already apologized for they know him personally. We have a First, let me say, I was attorney gen- this, but he has apologized on many oc- high degree of confidence that he will eral in Arkansas for 4 years before I casions for some of the statements he follow the law. came to the Senate. As such, I can has written and said. Something that comes through over think, in 4 years of practice, of only In fact, if I can read some excerpts of and over with Mr. Holmes is he has an one case of which I am aware that ei- the responses from his questionnaire he incredibly strong reputation for high ther my office or anybody else in the answered before the Judiciary Com- ethical standards. State of Arkansas handled relating to mittee. I am not going to try to read In fact, as a demonstration of this, at abortion and that was directly on all this because there are way too one point during the process he met point. The fact that he would be a many of them and way too long. Let with Senator LINCOLN and they talked judge for the Eastern District of Ar- me take selected excerpts. about a number of issues. If we know kansas—we have two districts—prob- At one point he said: Senator LINCOLN, we know she asked a

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.009 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7533 lot of hard questions and she expected dences that I am now ready to assume the years ago. I believe that he is superbly quali- clear and definitive answers, which she responsibility of a United States District fied for the position for which he has been got. Court Judge. I certainly was not ready in nominated. He is a scholar first, and he has At some point during the process, 1980, nor for many years thereafter, and had broad experience in Federal court. He is I do not claim that I was.... a person of rock-solid integrity and sterling other things came to light he had not character. He is compassionate and even- told Senator LINCOLN about or that he In other words, he is admitting he handed. He has an innate sense of fairness. felt, in fairness to her and out of re- had maybe crossed a line and there are He is temperamentally suited for the bench. spect for her, she should know about. some things he wished he had not said He works with dispatch. In short, he has all So on his own volition, without being or wished he had said differently. of the qualities that one would hope to find prompted by anyone or anything, on I will tell my colleagues about Leon in a Federal judge, and seldom are they April 11, 2003—this was over a year ago Holmes. He is a very fine person. He is found in a person so amiable and with his degree of genuine humility. because this has been pending over a a very serious and very sincere Chris- year—he voluntarily wrote Senator tian man. He is a husband, he is a fa- In fact, I know Philip Anderson is a Democrat and was his law partner for a LINCOLN a letter talking about some of ther, and he is a lawyer. He is a man of these statements that had come out. very deep faith. In fact, his faith per- number of years. Here is another one. This one is from He says in the 1980s he wrote letters to meates every aspect of his life. I say Kristine Baker of Little Rock. She is a the editors in newspaper columns re- that very sincerely because I know lawyer. She goes out of her way to Leon. Some people might hear those garding the abortion issue using stri- point out she is a Democrat. She says: words and say, listen, that means he dent and harsh rhetoric. He goes on to I do not always see eye to eye but I re- has this rightwing agenda that when he say almost all of these are over 15 spect him and trust his judgment. gets on the bench he is going to do cer- years old. He says, in a later para- Above all, he is fair. graph: tain things and hold certain ways. She talks about his respect and his Well, Leon is much deeper than that. As I stated in response to written ques- dignity, his intellect, his demeanor, his His agenda is justice. The hallmark tions from Senator DURBIN, I am especially temperament, and his ability. troubled by the sentence about rape victims that really distinguishes Leon from so Here we have another letter. This one in a 1980 letter to the editor regarding the many other people is integrity. He is a is actually from Tulsa, OK. It is from a proposed Human Life Amendment; and as I great example of integrity. said there, regardless of the merits of the lawyer named Dana Baldwin who used I have 23 letters. I promise I am not to practice in Little Rock. She is a na- issue, the articulation of that sentence re- going to read them all. There are doz- flects an insensitivity for which there is no tive Arkansan. She said: excuse and for which I apologize.... ens more I could have brought with me. Despite occasional differences in my and There is a saying in the Bible that if Here again, he is talking about some- Mr. Holmes’ views on social and political we do not testify about it the stones thing he had written over 24 years ago. issues, I can speak highly of his integrity will cry out. Well, what we found in Ar- If we were to apply that same standard and compassion for the law.... kansas is a swelling where the stones to us, if we could think back 24 years She talks about his impartiality. She are crying out, except in this case they before we ever were in office or even 24 talks about his commitment to follow are not stones, they are people who years ago for any of us, we would prob- the law. have practiced with Leon and people ably look back on some of our state- This letter is from Robin Carroll, who have practiced against Leon. ments and not be real pleased with who is a lawyer down in El Dorado, AR. I have personally talked with dozens Robin happens to be the legal counsel some of the things we said. and dozens of lawyers in the State of for the Democratic Party of Arkansas. He goes on when he talks about a 1987 Arkansas. I have asked them: Would He calls Mr. Holmes: effort, when he was president of Arkan- Leon Holmes make a good Federal ...a brilliant and ethical lawyer. sas Right to Life, and he says he asked judge? In almost every single conversa- a rhetorical question in the context of He would be a fair and impartial tion, there is an unequivocal yes, he some columns and things that had been judge. He would be fair and impartial would be an outstanding Federal judge. written and he mentioned Nazi Ger- on every issue. I will read some of these excerpts. Bear in mind, Mr. Carroll and Mr. many. One thing he says to Senator Then I would like to turn this over to Holmes have done battle in the court- LEAHY is: ‘‘I did not intend to say that my colleague, the chairman of the Ju- room before on election issues, and supporters of abortion rights should be diciary Committee. One excerpt is from other party-type issues. equated with Nazis,’’ and he spends a a Federal district judge, Bill Wilson. I Here is another one, Nate Coulter. whole paragraph talking about this, actually asked him to write this letter Nate is a very fine lawyer from Little trying to clarify and give the context because I asked him about whether he Rock. He has been on the statewide for what he had said. thought Leon Holmes could be fair and ballot twice as a Democrat. He says: He also in his letter to Senator LIN- impartial. As part of the explanation, ...I am writing to endorse enthusiastically COLN wrote about this article he had Judge Wilson says before Leon was Mr. Holmes’ nomination to the federal dis- written in his church newspaper. He nominated and chosen for the bench, he trict court. says that ‘‘the marital relationship was ‘‘a New Deal, new frontier, great He says his political views and party symbolizes the relationship between society Democrat, and unabashedly affiliations differ, but those: Christ and the church.’’ He stated: so.’’ He goes on to talk about how Leon . . . do not affect my very high regard for . . . My wife and I believe that this teaching Holmes will have a detached objec- his character and professionalism. ennobles and dignifies marriage and both tivity, that he will set a standard all He says they have been opposite each partners in it. We do not believe that this teaching demeans either the husband or the judges would be proud of. He concludes other in at least six lawsuits. Mr. wife but that it elevates both. It involves a by saying: Coulter talks about Mr. Holmes’ intel- mutual self-giving and self-forgetting, a re- I have seen Leon Holmes in action on sev- lectual fitness and integrity and once ciprocal gift of self. This teaching is not in- eral other occasions, and he is a top-flight again, Nate has done battle with him consistent with the equality of all persons, lawyer with the nicest sense of personal in the courtroom. male and female... honor. I believe this to be his reputation Also now we have a letter from Beth Then he goes on to talk about that. with almost all the legal profession in Ar- Deere. She again goes out of her way to So when we look back at these state- kansas. talk about how she is a Democrat and ments he made 17 years ago, 23 years That is my impression as well. how they do disagree on a number of ago, 24 years ago in one case, Leon Here is a letter from Philip Ander- issues. But she talks about his bright Holmes, by his own words, comes to son. Philip Anderson may not be a legal mind. Once again, she mentions this conclusion in the last paragraph of household name, but Philip Anderson the word ‘‘integrity.’’ That comes his letter. He says: is the former president of the American through over and over and over in Some of the criticisms directed at things I Bar Association. He writes this para- these letters. wrote years ago are just; some of them are graph: Margaret Dobson says: not. I hope that my legal career as a whole, I practiced law with Mr. Holmes for many I have met no man who respects women spanning the years 1982 through 2003, evi- years until he withdrew from our firm two more.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.013 S06PT1 S7534 CONGRESSIONAL RECORD — SENATE July 6, 2004 She talks about the respect she has sued the State? Leon Holmes. She goes they are on opposite sides of the polit- for Leon and Leon has for others. She on in this letter to say, even though he ical fence, but he is confident Leon says he is the partner who had most was ‘‘on the other side,’’ he: Holmes will make a good judge. supported her career growth and her . . . conducted himself in the most profes- Also, here is one from Elizabeth Mur- rise to the level of partner. sional and ethical manner throughout my ray. She is with the largest law firm in Here again she talks about Leon’s po- case. I gained a great respect for him Arkansas, does a lot of defense work, litical views and hers. They may dis- throughout the course of the litigation. probably insurance defense work most- agree, but he is: This isn’t a lawyer who is on the ly, and corporate law work. She talks . . . fair and honest and diligent. other side, this is a litigant. This is a about his intelligence, his integrity, He has a commitment to follow the party and he is the lawyer for the other and his respect for the law. She says law. He has: side. In fact, she closes with a Bible she does not share his opinions on a va- verse and says: riety of issues, but nonetheless she . . . impeccable morals, unquestionable eth- thinks he would be a good Federal ics, and supreme intelligence. ‘‘Let Justice run down like waters, and judge. She talks about how respected he is righteousness like a mighty stream.’’ It is my firm belief that Mr. Holmes is a just and Jeff Rosenzweig offers his ‘‘whole- in the legal community in Arkansas. righteous man who deserves the appointment hearted support.’’ He is a criminal de- Here is one from Stephen Engstrom, to the Federal Bench. fense lawyer. He calls himself a liber- who is a lawyer in Little Rock. He Here is one from Bradley Jesson, tarian Democrat. I am not even sure says: from Fort Smith, a very fine lawyer exactly what that is, but that probably He is an outstanding lawyer and a man of who was for a short time Chief Justice does sum up his political views. But he excellent character. of the Arkansas Supreme Court and a says: Once again, he says: Democrat. He says: He’s a person of the highest character, intelligence and judgment. He’s been an out- Leon Holmes and I differ on political and My opinion is this is one of the best judi- standing advocate and if confirmed will be personal issues such as pro-choice/anti-abor- cial selections that President Bush has an outstanding judge. If there is any person tion. [In fact he says] I am a past board made. member of our local Planned Parenthood in the world who will apply the law without chapter.... He says he has been with Leon in a regard to what his personal beliefs might be, But he goes on to say: number of cases. that person is Leon Holmes. ...I am confident that Leon Holmes will do In some we are on the same side. In others Time and time and time again we see his duty as the law and facts of any given we are on opposing sides. . . . [He’s] one of that. Here is a letter from Charles case require. the best prepared lawyers around and most Schlumberger, a great lawyer in Little courteous and most professional. . . . His Rock and a good friend of mine. He Here again, I am only reading short legal work is among the very best I observed. excerpts from a few of the letters we . . . Leon and I frankly disagree about some says: have received on Mr. Holmes. issues... I am a Democrat, I am pro-choice, and I support gender equality. Here is one from David Grace, who is But Brad Jesson is convinced Leon He goes on to say: a lawyer in Little Rock and practices will follow the law. in downtown. He has a very fine rep- Here is one from Jack Lavey. He is a If ever there was an individual fully quali- utation. He says that he and I have had fied to serve on the federal bench, it is Mr. great lawyer in the State of Arkansas. Holmes. several cases. Some of these have been In fact, he is one of the founding mem- He goes on to say: with him and some against him. bers of the State chapter of the ACLU. . . . Leon has a powerful mind and excellent I am confident that Mr. Holmes will uphold He calls himself, in this letter, a lib- his duty as jurist to follow the rule of law, judgment. He is able to be honestly objec- eral Democrat. He talks about Leon tive.... without bias or deference to his personal Holmes and he says: convictions. He goes on to say: . . . his professional reputation is out- We hear from a lawyer who now lives . . . he is among the very best and most re- standing. He is very bright . . . and he’s a in Naples, FL, but used to practice in spected lawyers in Arkansas. very ethical lawyer. He is very honest. . . . Little Rock, Jeanne Seewald. She gives Once again, he goes out of his way to he has always been very professional and very ethical. her wholehearted endorsement. She say he disagrees strongly with some of talks about how respectful, courteous, Leon’s political or social views, but He says he is honest and fair. He says and supportive he was of her personally they have not: also he will follow the law. He says: at their old law firm when they prac- . . . affected his analysis of a legal problem If a Roe v. Wade issue comes before Mr. ticed together. She says Leon is a gen- or his performance as an attorney. Holmes, if he is appointed as a federal dis- tleman and a scholar. We have a law professor from the trict court judge, he will follow the Supreme Court’s decision in that case. If I thought He has been a faithful mentor over the University of Arkansas Law School, otherwise, I would not be writing this letter years. His ethics are beyond reproach. where Leon was a student. This is How- to you. She talks about his thoughtful and ard Brill. In fact, he was one of my law He goes on to talk about him and brilliant analysis of issues. professors. He says: uses words like ‘‘fairly,’’ ‘‘honestly,’’ I could read a couple of paragraphs I have no doubt that he is scrupulously fair ‘‘ethically,’’ ‘‘in accordance with estab- out of that letter because she says so and will be so on the bench—fair to all indi- lished law.’’ many glowing things about him. viduals, to all groups, to all political persua- Here is one from Steven Shults who He says: sions, to all viewpoints on the issues that di- is, again, a lawyer in Little Rock—a vide Americans. In his judicial role and tem- To conclude, I consider it a privilege to very fine lawyer with a great reputa- perament, he is not a partisan. highly recommend to the United States Sen- ate the appointment of Mr. Holmes as a fed- tion. He talks about how they have Here is a letter from a lawyer, Field been on opposite sides of many law- K. Wassen, Jr., who was Governor Bill eral district judge for the Eastern District of Arkansas. suits, but ‘‘Mr. Holmes is one of the Clinton’s legal counsel. He says Leon finest lawyers in Arkansas and a pre- Holmes has ‘‘unquestioned integrity.’’ Here is one from Sandy McMath. He uses words like ‘‘integrity,’’ ‘‘compas- mier appellate advocate.’’ Here is another one from a plaintiff’s He talks about his integrity. There is sion,’’ ‘‘scholarship.’’ He says: lawyer in the State. Her name is Eileen that word again, ‘‘integrity.’’ It comes Woods Harrison. Her father was a Fed- ... he’s an honorable and upright lawyer. through time and time again. eral judge and she is a lifelong Demo- He goes on to say they have opposed He talks about his ‘‘integrity, judg- crat. In fact, at one point she was on each other vigorously in a case involv- ment, courage, compassion, intellect, the State Workers Compensation Com- ing ERISA, but he was at all times dedication, patience, and intellectual mission and she was released from that compassionate toward the other side’s honesty.’’ post because she was considered to be client. He treated the other client with Here again, Steven Shults is on the too liberal on some of the issues. And tremendous respect. other side of some of these issues, but, lo and behold, who was hired to rep- Once again, Sandy McMath, like nonetheless, he thinks he would be a resent the State against her when she most of these others, talks about how very good judge.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.015 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7535 Here is one from Luther Sutter, who ily has the experience you want to see. Mr. Holmes is widely respected for is a civil rights lawyer in Arkansas. In Will he be fair and impartial? Is there his intelligence, his legal skills, and fact, he may have the largest civil anything else in his background that his commitment to the rule of law. rights practice in the State. I am not might raise questions such as his tem- Leon Holmes knows the value of hard sure, but he is definitely among the perament? Does he have an agenda? work. He came from humble roots and largest. He talks about Leon Holmes Clearly, from his contemporaries and is the only one among his seven sib- being the consummate professional. He from his peers, the answer is yes to lings to attend college. He worked his says: those questions. way through college and finished law I assure you that in my eight years of prac- He has the attitude of being fair and school at night while working a full- tice, I have learned to identify ideologues impartial, and there is nothing in his time day job in order to support his who are also lawyers. Such lawyers routinely background—no circumstance, even family. put their personal and philosophical inter- though he has been a staunch advocate Anyone would know how difficult ests ahead of what I consider to be their cli- on the pro-life side, he still has the re- that is to do. ents’ best interests. Mr. Holmes never did spect and the veneration of his peers in Leon Holmes is an accomplished that. Arkansas and even around the country scholar and has displayed a wide-rang- He goes on to say: from other States. ing academic interest. He is a distin- I recommend Leon Holmes to the Federal I ask all of my colleagues to give him guished graduate of Duke University, bench, with a full understanding of his poli- strong consideration, to wade through where he received a doctorate in polit- tics. Personally, I do not agree with some of some of the rhetoric and look back on ical science, and the University of Ar- his political views. this with the perspective that most of kansas law school. Mr. Holmes finished He goes on to talk about how he these inflammatory things were writ- law school at the top of his class, was heartily recommends Leon Holmes. ten at least 10 years ago, and some as inducted into Phi Beta Kappa while a This is the last letter I will read. I long ago as 24 years ago. doctoral student at Duke University, promise because I know I am trying I appreciate his conviction on the and was named Outstanding Political the patience of everyone in the Cham- issue of abortion. I appreciate his com- Science Student upon graduation from ber right now. But this is a letter that passion and his moral certitude on that college. the majority leader referred to a few question. He has pretty terrific credentials. moments ago from Kent Rubens who is In many cases, people do not always Mr. Holmes is currently a partner a very good lawyer from West Mem- agree with Leon but they have a lot of with the Little Rock firm of phis, AK, which is right across the Mis- respect for him. They think he would Quattlebaum Grooms Tull & Burrow, sissippi River from Memphis, TN. Kent be a good judge in Arkansas. They specializing in complex business litiga- Rubens has been a pillar of that legal would be proud to have him on the Fed- tion, torts, and appellate practice. He community in this part of the State for eral bench. has practiced commercial litigation at a long, long time. He says: With that, I yield the floor and turn the trial and appellate level in State I cannot think of anyone who is better this over to my wonderful colleague and Federal court for many years, and qualified legally or ethically to so serve. from Utah. has acquired significant courtroom ex- He uses a funny phrase that I have The PRESIDING OFFICER. The Sen- perience. Leon Holmes is well re- heard in Arkansas a few times. He ator from Utah. spected by the Arkansas Bar and is one says, ‘‘I will shoot dice with him over Mr. HATCH. Mr. President, I wish to of the finest appellate lawyers in Ar- the telephone.’’ associate myself with the extensive kansas. In 2001, the Arkansas Bar Asso- He talks about his honesty and how and good remarks of the distinguished ciation bestowed its Writing Excel- much integrity he has. Senator from Arkansas, Mr. PRYOR re- lence award on Mr. Holmes. Let me give one little bit of back- garding the nomination of J. Leon In addition, Leon Holmes has been an ground. He goes on in this letter to say: Holmes to be a United States District active participant in the Arkansas Bar. I was privileged to represent a litigant who Court judge. Mr. PRYOR comes from the He has taught continuing legal edu- struck down the abortion statutes here in State. He knows the man. He practiced cation courses to the bar on numerous Arkansas after Roe and Doe were decided. law with him. He has read newspaper occasions. He has been awarded the There is no one who will argue that my views editorials in support of this man. He State bar’s Best CLE award four times. are anything other than pro-choice. has read a number of letters—a wide He sits on the Board of Advisors to the This is the lawyer who actually liti- variety of letters—from Democrats as Arkansas Bar Association’s magazine gated the cases in Arkansas right after well as Republicans in the State who and has chaired the editorial board for Roe v. Wade and decided to strike down say this man would make an excellent the bar’s publication of Handling Ap- Arkansas’ laws on abortion. He is un- judge. peals in Arkansas. abashedly pro-choice, and he is un- Having known Mr. Holmes person- Mr. Holmes sits on the judicial nomi- abashedly in support of Leon Holmes ally, he vouched for his integrity and nations committee for the Arkansas for this position. his qualifications, and I think we State courts, which recommends attor- He says in conclusion: should pay attention to the distin- neys to the Governor for judicial ap- As someone who has represented the pro- guished Senator. pointment in Supreme Court cases choice view and holds the pro-choice view, I Of course, Senator LINCOLN as well is where one or more justices must recuse ask that you urge your Members to support strongly in favor of Leon Holmes for themselves. On two occasions, he him- his confirmation. this Federal district judgeship. self has been appointed to serve as a I have read these letters and I think In addition, this man has the highest special judge of the Arkansas Supreme I have tried everyone’s patience. But I rating by the American Bar Associa- Court. This is a great honor for a prac- will tell you this: From the people who tion that you can have—a ‘‘well-quali- ticing attorney, and the justices know him best, from the people who fied’’ rating—which means he is placed praised Mr. Holmes for his service in practice with him and practice against among the higher echelon of great law- those cases. him, from the people who have seen yers in this country. As a person who took advantage of him up close and know him and have I think we should heed Senator the opportunities presented to him, Mr. had personal contacts and personal PRYOR’s views. Holmes believes in giving back to the interactions and years of affiliation Of course, I think Senator PRYOR community. He is committed to pro- with him in one way or another, they makes an overwhelming case that this viding legal services to all, and has wholeheartedly endorse him to be on man deserves to sit on the Federal dis- given approximately 200 hours of pro the Federal bench. trict court bench. So I rise today to ex- bono services during each of the last 3 Going back to my criteria, is he press my support for the confirmation or 4 years. qualified? Yes. There is no doubt about of J. Leon Holmes of Arkansas who has Among other cases, he has rep- it. Does he have the necessary experi- been nominated to be U.S. District resented, on a pro bono basis, a termi- ence? Yes, no question. You can look at Judge for the Eastern District of Ar- nally ill Laotian immigrant woman de- his resume. It is not even close. He eas- kansas. nied Medicaid coverage for a liver

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.018 S06PT1 S7536 CONGRESSIONAL RECORD — SENATE July 6, 2004 transplant; an indigent man with a his- has been unduly strident and inflammatory. of Arkansas; Philip S. Anderson, a tory of drug felony convictions; and a The sentence about rape victims which was former president of the American Bar woman who lost custody of her chil- made in a letter to an editor in 1980 is par- Association and a leading Arkansas dren to her ex-husband. ticularly troublesome to me from a distance trial attorney; and Stephen Engstrom, of 23 years later. Regardless of the merits of He represented Ricky Rector, a men- the issue, the articulation in that sentence former Little Rock Planned Parent- tally retarded Arkansas man whose reflects an insensitivity for which there is no hood chapter board member. execution then-Governor Bill Clinton excuse and for which I apologize. Mr. Engstrom wrote: refused to commute in 1992. He rep- I believe all of us have made state- I heartily commend Mr. Holmes to you. He resents Clay Ford, who has been sen- ments in the past that we wish we is an outstanding lawyer and a man of excel- tenced to life in prison for shooting at lent character. Leon Holmes and I differ on could apologize for. Many of us have political and personal issues such as pro- pointblank range and killing a police apologized for statements we have officer in 1981. He defended on appeal choice/anti-abortion. I am a past board mem- made in earnest and extreme ways. He ber of our local Planned Parenthood chapter the largest jury verdict in Arkansas is no different. He made some mistakes and have been a trial lawyer in Arkansas for history, which involves a nursing home and says that he was insensitive at the over twenty-five years. Regardless of our resident who allegedly died from ne- time, but he apologizes for them. You personal differences on some issue[s], I am glect. Her family won a $78 million have to look at his overall career and confident that Leon Holmes will do his duty judgment. realize this man has a great reputation as the law and facts of any given case require. Leon Holmes has given back to his in that State and among his people and community in areas outside the law as among his peers. If he is like the rest of Trial attorney Kent J. Rubens, a pro- well. He was a houseparent for the Elon us, and apparently on occasion has choice attorney who successfully Home for Children while a graduate been, he is going to make some state- brought a lawsuit to strike down Ar- student in North Carolina. He also ments for which he has to apologize. kansas’ abortion statutes after Roe v. served as the director of the Florence We all have to do that from time to Wade was decided wrote: Q02 I cannot think of anyone who is better Crittenton Home of Little Rock in 1986 time. There may be some perfect in and 1987, helping young women cope qualified to serve. . . . As someone who has this body who do not have to, but I, for represented the pro-choice view, I ask that with teen pregnancy. one, have had to apologize from time to Those who work with and personally you urge your members to support his con- time myself. firmation. know Leon Holmes strongly support In a different editorial, Mr. Holmes his nomination, as we have already Eileen Woods Harrison sent this let- compared abortion to the Holocaust. ter to the committee: heard from Senator PRYOR, the distin- On another occasion, he wrote: guished Senator from Arkansas, and I am a female attorney in Little Rock, Ar- The abortion issue is the simplest issue kansas. I am a lifelong Democrat and am expect to hear from Senator LINCOLN this country has faced since slavery was also pro-choice . . . I commend Mr. Holmes before the day is out. I certainly appre- made unconstitutional, and it deserves the to you. He is a brilliant man, a great lawyer ciate their endorsements of Mr. Holmes same response. and a fine person. in his nomination hearing last year. In an April 11, 2003, letter to Senator Another letter, this one from Cath- Let me address some of the argu- LINCOLN, Mr. Holmes explained: leen V. Compton, states: ments that are being put forward by In the 1980’s— I heartily recommend Mr. Holmes to you. Mr. Holmes’ opponents: that he is ex- Twenty-four years ago; at least two He is an outstanding lawyer and a fine per- treme in his views on abortion, that he decades ago— son. While he and I differ dramatically on is anti-woman, and that he is insensi- the pro-choice/pro-life issue, I am fully con- I wrote letters to the editor and newspaper tive on matters of race. Those are the fident he will do his duty as the law and columns regarding the abortion issue using facts of a given case require. major arguments that have been strident and harsh rhetoric. I am a good bit brought forth, and I believe based upon older now and, I hope, more mature than I Beth M. Deere wrote the following: all of nothing. A full reading of Mr. was at the time. As the years passed, I came I am proud to be a Democrat. I am also Holmes’ writings and, more impor- to realize that one cannot convey a message proud to recommend Leon Holmes as a fed- tantly, a review of his actions in these about the dignity of the human person, eral district judge for the Eastern District of matters, I think, will set the record which is the message I intended to convey, Arkansas, even though he and I disagree on straight. using that kind of rhetoric in public discus- issues, including a woman’s right to choose There is no question that Mr. Holmes sion. whether to bear a child. . . . I support Leon Holmes because he is not only a bright legal has been a pro-life activist. He served Again, referring to his 1980 ‘‘snow in Miami’’ remark, Mr. Holmes wrote: mind, but also because he is a good person as president of Arkansas Right to Life. who believes that our nation will be judged He was president from 1986 to 1987. He I do not propose to defend that sentence, by the care it affords to the least and the lit- also served as secretary of the Arkan- and I would not expect you or anyone else to tlest in our society. I am not troubled that sas Unborn Child Amendment Com- do so. he is personally opposed to abortion. Mr. mittee in 1984. Some of the statements Based upon this letter, Senator LIN- Holmes is shot through with integrity. He he has made in the course of his activ- COLN reaffirmed her belief that Mr. will, I believe, uphold and apply the law with ism he admits have been insensitive, Holmes would be a fair judge. the utmost care and diligence. and he has expressed regret for such re- The fact is, regardless of any per- Another issue which opponents have marks, but in almost every case they sonal views, Mr. Holmes will abide by distorted is that of gender equality. are decades ago when he was a much the rule of law. He understands that Mr. Holmes cowrote an article with his younger man. principle, and he is committed to it. He wife entitled ‘‘Gender Neutral Lan- For example, in a 1980 letter—think understands that his personal views guage.’’ Let’s get it straight: he wrote about that; it was 24 years ago—to the play no role in his duty as a judge to this article with his wife. It was for a editor, Mr. Holmes criticized the argu- honor stare decisis, or prior precedents, Catholic newspaper. This article, which ment that abortion should be available and to faithfully follow the precedents appeared in a religious newspaper of to rape victims as a red herring be- of the Supreme Court and the Eighth his faith, stated: ‘‘The wife is to subor- cause ‘‘conceptions from rape occur Circuit, within which he lives and prac- dinate herself to her husband’’ and, with approximately the same fre- tices. ‘‘The woman is to place herself under quency as snowfall in Miami.’’ Mr. Pro-choice attorneys and others in the authority of the man.’’ Mr. Holmes’ Holmes has clearly apologized for this Arkansas who work with him have opponents believe these statements in- remark, which he made almost 24 years written to the committee in support of dicate he will not be fair to women ap- ago. Mr. Holmes’ nomination. Those who pearing before him. In response to a written question know him well strongly believe that, However, let me point out those from Senator DURBIN, he wrote: despite his personal views, Mr. Holmes statements are derived from the New I have to acknowledge that my own rhet- will fairly adjudicate any abortion Testament in Ephesians, the 5th chap- oric, particularly when I first became in- cases that may come before him. His ter, verses 22 through 25, and represent volved in the issue [of abortion] in 1980 and supporters include Robin J. Carroll, the orthodox teachings of his religion. perhaps some years thereafter, sometimes legal counsel to the Democratic Party Although I do not have the same

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.021 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7537 version of the Bible, I believe it would deserves the dignity of respect by this hope we don’t hear this misinformed read very much the same. But if you great body whether you believe in the view repeated during this debate—that turn to Ephesians, the 5th chapter, it is New Testament of the Bible or not. I Holmes has said that ‘‘the Almighty interesting because starting with verse firmly believe in the New Testament. said that slavery was a good thing or 21 it says—well, let’s start with verse What Leon Holmes and his wife were that he believes slavery is a good insti- 20 doing was writing about traditional tution.’’ In fact, nowhere has Mr. Giving thanks always for all things unto Catholic values and beliefs with which Holmes said he endorses slavery or God and the Father in the name of our Lord I think millions of people will agree. It that he believes slavery was a good in- Jesus Christ; hardly places him outside the main- stitution. Submitting yourselves one to another in stream and certainly places him in the The article at issue, written for a the fear of God. mainstream as a religious believer and Christian audience, was an expression Husband and wife. Then it says: as somebody who loves his faith and of his belief, shared by Washington, Wives, submit yourselves unto your own his church and his wife, by the way. that God could bring good out of evil. husbands, as unto the Lord. Mr. Holmes’ wife wrote to the com- So while Washington certainly con- For the husband is the head of the wife, mittee to explain that the article in demned slavery as evil, having experi- even as Christ is the head of the church: and he is the Saviour of the body. question was specifically written for enced it first-hand, he held a belief Therefore as the church is subject unto the readership of members of their that ultimate good could come out of Christ, so let the wives be to their own hus- faith, persons who would be familiar it. Mr. Holmes’s article similarly ex- bands in every thing. with the New Testament passages pressed the view that good can come But then Saint Paul goes on to say: being referenced with regard to the re- out of evil and that we are called upon Husbands, love your wives, even as Christ lationship between husband and wife. to love all men and women. also loved the church, and gave himself for It is just terrible to distort their Mr. Holmes also wrote his doctoral it. . . . writings as husband and wife. If you dissertation on the political philoso- I do not think anybody can read this read the whole article, you can hardly phies of three major African-American without understanding that the hus- think Mr. Holmes is anti-woman. Fur- thinkers and activists, W.E.B. DuBois, bands have tremendously positive and thermore, Mr. Holmes’ actions support Booker T. Washington, and Martin Lu- important obligations in order to have the truth he fully believes that men ther King, Jr. He argued that King at- the respect of the wives. and women are equals. tempted a synthesis of militant non- I don’t think you could read it with- He has supported women in the legal violence, ultimately unsuccessful, of out understanding that Paul is com- profession and represented women as DuBois’s advocacy of political agita- paring the husband to the head of the clients. Mr. Holmes’ past and present tion and Washington’s advocacy of a family, even as Christ is head of the female colleagues in Arkansas support Christian persuasion as means to church, more on the priesthood level his nomination to this position. achieve equality for black Americans. than anything else. And the article Jeanne Seewald wrote this letter to However, Mr. Holmes left no doubt seems to say that. the committee: that he admired Dr. King’s achieve- It says: Leon was a strong proponent of my elec- ments in helping to integrate buses, Husbands love your wives, even as Christ tion to the partnership and, subsequently, schools, parks, playgrounds, lunch also loved the church and gave himself for it; encouraged and supported my career ad- counters, and marriages. He noted the That he might sanctify and cleanse it with vancement, as well as the advancement of progress made in terms of the expan- the washing of water by the word; other women within the firm. . . . As a col- sion of rights and opportunities for all That he might present it to himself, a glo- league, Leon treated me in an equitable and Americans, stating: rious church, not having spot, or wrinkle, or respectful manner. I always have found him Considering both the extent of the privi- any such thing; but that it should be holy supportive of my career and believe he is leged status of Southern whites that has and without blemish. very supportive of women in general. Leon been relinquished and the amount of hate So ought men to love their wives as their and I have different political views; however, and prejudice that confronted desegregation own bodies. He that loveth his wife loveth I know him to be a fair and just person and twenty-five years ago, the accomplishment himself. have complete trust in his ability to put aside any personal political views and apply [of social change] is incredible. It gets pretty bad around here when the law in a thoughtful and equitable man- Although Dr. King’s vision has not people misconstrue what somebody ner. been completely realized, Holmes quotes in an article written for a Another co-worker, Kristine Baker, wrote, ‘‘in light of the unexpected church publication of the person’s own wrote the following: changes in the past ten years, who can faith, where the person and his wife say that King’s dreams will not all quote St. Paul. You might disagree Leon has trained me in the practice of law and now, as my partner, works with me on come true and ‘justice will roll down with St. Paul, but there are hundreds several matters. His office has been next to like waters and righteousness like a of millions of people who agree with St. mine at the firm for approximately two mighty stream?’’’ Mr. Holmes con- Paul and who understand that he was years. During that time, I worked with Leon cluded by urging the reader not to dis- trying to make the analogy between as an expectant mother and now work with miss Dr. King’s vision of a promised the church and Christ and between a him as a new mother. Leon’s daughters baby- land, quoting the last words of King’s husband and wife to show how impor- sit my eleven-month-old son. I value Leon’s input, not only on work-related matters but final speech before he was assassinated. tant and sanctified the relationship of Those who know Leon Holmes know marriage is. also on personal matters. I have sought him out for advice on a number of issues. Al- he will be an outstanding jurist. The This article contains other state- though Leon and I do not always see eye-to- Arkansas Democrat-Gazette, Mr. ments, as I have said, supporting the eye, I respect him and trust his judgment. Holmes’ hometown paper that knows equality of men and women such as: Above all, he is fair. While working with his record best, strongly supports his All of us, male and female, are equally sons Leon, I have observed him interact with var- candidacy. The paper, writing while his ious people. He treats all people, regardless of God and, therefore, brothers of one an- candidacy was being considered, indi- other. of gender, station in life or circumstance, The distinction between male and female with the same respect and dignity. He has al- cated that Holmes was a well qualified, in ordination has nothing to do with the dig- ways been supportive of me in my law prac- mainstream nominee: nity or worth of male compared to female. tice, as well as supportive of the other What distinguishes Mr. Holmes is the rare Men and women are equal in their dignity women in our firm. Gender has never been an blend of qualities he brings to the law—intel- and value. issue in any decision in the firm. lect, scholarship, conviction, and detach- These are quotes within the article. Lastly, with regard to issues of race, ment. A reverence not just for the law but The article, to me, was clearly trying Mr. Holmes has been criticized for de- for ideas, for the life of the mind. All of that to state why the men in the Catholic fending and endorsing Booker T. Wash- would shine through the clutter of argument that awaits any judge. . . . He would not Church have the priesthood, but the ington’s view that slavery was a con- only bring distinction to the bench but women have the family. And you might sequence of divine providence designed promise. . . . In choosing Leon Holmes, [the have written it differently, but the fact to teach white people how to be more President] could bequeath a promise of is, they quoted St. Paul, and St. Paul Christ-like. Some have alleged—but I greatness.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.024 S06PT1 S7538 CONGRESSIONAL RECORD — SENATE July 6, 2004 That is a pretty good editorial from Most of us having been home not some of my colleagues have said or will the local Democrat Gazette. only working during the Fourth of say during the consideration of this Considering the total record of Mr. July recess but hopefully spending nomination, Leon is also a devoutly re- Holmes, a record of distinction in aca- some time with our families under- ligious man who has written articles demics, of excellence in practice, and stand how important our families and and made statements that are a reflec- of distinction in his community, it is our children and future generations are tion of his faith, but they are also not surprising that the American Bar to all of us. I know Mr. Holmes has cer- somewhat controversial. We all know Association gave Mr. Holmes their tainly expressed that to me. that for many of us our faith is very highest rating, a ‘‘well-qualified’’ rat- After high school, Leon graduated important. It is important for us to ing. Almost everyone around here has with special distinction from Arkansas have an opportunity to express our called that the gold standard, but espe- State University in 1973. He continued faith, to talk about it, to speak about cially our colleagues on the other side his education by earning a law degree it, to live it in a way that is very im- of the Senate floor. If you get a ‘‘well- from the University of Arkansas where portant to us and reflective of our own qualified’’ rating from the American he graduated first in his class. ministry. Bar Association, you are qualified. Yet Mr. Holmes later received a master’s There is no doubt I have been trou- we have had some who have mis- degree in political philosophy from bled by some of the statements attrib- construed his writings and have indi- Northern Illinois University and a doc- uted to Mr. Holmes, particularly one cated they will vote against him. torate in political science from Duke regarding the role of a woman in a I hope they will listen to what we University where he was inducted into marital relationship. As a mother and have had to say and look at the real Phi Beta Kappa. a wife, I can assure you, I consider my- record. There is no way that anybody Leon’s professional career is equally self equal in every way to my husband. who really understands that record impressive. In addition to being named Our marriage is based on mutual love would vote against this man. a partner in the law firm of and respect, which sustains our union My colleagues should know—and Quattlebaum, Grooms, Tull, and Bur- as a man and a wife. most of them will agree—that Mr. row in Little Rock, Mr. Holmes has I think it is so important in this day Holmes is a well-qualified nominee and held a variety of positions, including and age as we talk about marriage and will make a fine jurist. I urge the Sen- law clerk for Justice Frank Holt on the its importance to our family, to our ate to join me, as well as both Demo- Arkansas Supreme Court, assistant children, to the stability of the fabric cratic home State Senators, BLANCHE professor at Augustana College in Rock of this great country, that we under- LINCOLN and MARK PRYOR, who strong- Island, IL, and adjunct faculty member stand marriage does not just happen; it ly support Leon Holmes’ nomination, of the University of Arkansas at Little has to be those two individuals who to confirm this outstanding candidate Rock School of Law. come together, a man and a woman, for the Federal bench. As an attorney in private practice, working equally as hard at making Mr. President, I suggest the absence Leon has had a wide-ranging legal sure that union is strong and that it is of a quorum. practice, representing large corpora- working. The PRESIDING OFFICER. The tions, small businesses, and individual However, I fully respect the right of clerk will call the roll. litigants, and although I am not a part Mr. Holmes to practice and express his The legislative clerk proceeded to of the legal community in my home religious beliefs freely, even those with call the roll. State of Arkansas as a lawyer like my which I may not agree, just as I expect Mr. HATCH. Mr. President, I ask colleague Senator PRYOR is, I have others to respect my right to do the unanimous consent that the order for heard from a number of practicing law- same. the quorum call be rescinded. yers, judges, and others throughout our Mr. Holmes also made a comment 20- The PRESIDING OFFICER. Without State who have worked with Leon and plus years ago about how women who objection, it is so ordered. have the utmost confidence in his abil- were raped do not get pregnant, which Mr. HATCH. How much time remains ity to administer the rule of law. I think most would agree was inappro- on both sides? But Leon has not spent his whole life The PRESIDING OFFICER. The Sen- priate and offensive. But Mr. Holmes in the library or at a law firm. As you ator’s side has 152 minutes remaining. has apologized for that comment. He well know, Mr. President, that cer- The other side has 144 minutes remain- has acknowledged it was wrong and tainly is something that is important ing. said he regrets saying it. We have all Mr. HATCH. Mr. President, I suggest to me. You may be interested to know said things we should not and wished the absence of a quorum and ask unani- that in his youth, Leon actually we had not said in our lives and I, for mous consent that the time be divided chopped and picked cotton over in our one, accept his apology. I do believe it equally. part of the State in eastern Arkansas. is very critical we understand the com- The PRESIDING OFFICER. Without He worked as a farm laborer in the plications, the emotions, and every- objection, it is so ordered. fields of Prairie County and served as a thing else that are wrapped up in the The clerk will call the roll. carpenter’s helper. While pursuing his circumstances when women find them- The legislative clerk proceeded to education, he worked as a door-to-door selves in those circumstances of rape call the roll. salesman and as a newspaper carrier to or incest or being abused. Again, I do Mrs. LINCOLN. Mr. President, I ask help make ends meet. accept Mr. Holmes’ apology. unanimous consent that the order for In short, during his academic and Mr. President, I ask unanimous con- the quorum call be rescinded. professional career, Leon has distin- sent that a letter from Leon Holmes to The PRESIDING OFFICER. Without guished himself as a scholar and an ac- me apologizing for this remark and re- objection, it is so ordered. complished lawyer. In the process, he sponding to the criticism of other Mrs. LINCOLN. Mr. President, as the has earned the trust, admiration, and statements be printed in the RECORD. senior Senator from Arkansas, I am respect of his friends and colleagues There being no objection, the mate- proud to come to the floor and join my with whom he has lived and worked. rial was ordered to be printed in the colleague Senator MARK PRYOR today As a farmer’s daughter from eastern Record, as follows: to introduce Leon Holmes to my col- Arkansas, I believe the fact that Mr. QUATTLEBAUM, GROOMS, leagues here in the Senate and express Holmes knows the value of an honest TULL & BURROW, my support for his nomination. day’s work both as a lawyer and a la- Little Rock, AR, April 11, 2003. Mr. Holmes is a native of Hazen, AR, borer is a good indication that he has Hon. BLANCHE LINCOLN, in Prairie County, which is not too far the life experience required to admin- U.S. Senate, from my hometown of Helena. He is the ister the law in a very fair and impar- Washington, DC. fourth of seven children and the first in DEAR SENATOR LINCOLN: Certain issues tial manner, regardless of who the liti- have surfaced about my nomination since we his family to go to college. He has been gants are before him. met, and because they have arisen since we married to his wife Susan Holmes for 32 If that were the only part of the met, you and I have not had the opportunity years, and he is the proud father of five record before us, the debate we are hav- to discuss them personally. Out of respect children and has seven grandchildren. ing today would be a very short one. As for you personally, and out of respect for the

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.027 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7539 important constitutional role of the Senate marital relationship symbolizes the relation- mittee in support of this nomination in the appointment process for federal ship between Christ and the Church. My wife include a past president of the Amer- judges, I wanted to write to you this letter and I believe that this teaching ennobles and ican Bar Association, a former presi- to address some of these issues. dignifies marriage and both partners in it. In the 1980’s I wrote letters to the editor We do not believe that this teaching de- dent of the Arkansas Trial Lawyers As- and newspaper columns regarding the abor- means either the husband or the wife but sociation, a founder of the Arkansas af- tion issue using strident and harsh rhetoric. that it elevates both. It involves a mutual filiate of the ACLU, sitting Federal I am a good bit older now and, I hope more self-giving and self-forgetting, a reciprocal judges who are familiar with Leon’s mature than I was at that time. As the years gift of self. This teaching is not inconsistent work, female attorneys who have ar- passed, I came to realize that one cannot with the equality of all persons, male and fe- gued cases with and against Leon, and convey a message about the dignity of the male, and, in fact, in that column we say, many others. human person, which is the message I in- ‘‘[a]ll of us, male and female, are equally tended to convey, using that kind of rhetoric sons of God and therefore brothers of one an- One letter from a self-described lib- in public discussion. While I cannot speak for other.’’ This aspect of my faith—the teach- eral Democrat who is also decidedly those who raise these issues, my impression ing that male and female have equal dignity pro-choice summed up how Mr. Holmes is that my statements about the abortion and are equal in the sight of God—has been is viewed in Arkansas’ legal commu- issue that they criticize are all more than manifest, I believe, in my dealings with my nity when he wrote that after liti- fifteen years old. female colleagues in our firm and in the pro- gating ‘‘with and against Leon for a As I stated in response to written ques- fession as a whole. While I am not at all number of years’’ he had so much faith tions from Senator Durbin, I am especially ashamed of my faith, or any part of it, I do troubled by the sentence about rape victims not believe that the historic Catholic teach- and trust in him that he would ‘‘shoot in a 1980 letter to the editor regarding the ing that the martial relationship symbolizes dice with him over the telephone.’’ proposed Human Life Amendment; and, as I Christ and the Church is or has been relevant Now that might not sound too common said there, regardless of the merits of the to my conduct in my professional life, nor to folks up here, but in Arkansas it is issue, the articulation of that sentence re- would it affect my conduct as a judge, should a pretty good saying, and it certainly flects an insensitivity for which there is no I be fortunate enough to be confirmed. indicates a great deal of trust on that Another aspect of my faith is that God excuse and for which I apologize. I do not gentleman’s part of the gentleman propose to defend that sentence, and I would brings good out of evil. I wrote about this be- not expect you or anyone else to do so. My lief, as taught by Booker T. Washington, in with whom he was dealing, and that impression is that, in fulfilling your respon- the context of a 1981 article in a religious was Mr. Leon Holmes. sibilities in this matter, you have spoken magazine. Washington taught that God could In conclusion, I do not determine my with or heard from many Arkansans, male and would bring good out of evil. Wash- support or opposition to a nominee and female, who know me well. I hope, and I ington, who was born in slavery, recognized based solely on whether we share the believe, that their comments have and will it as evil, not only in theory but as part of same philosophy, ideology, or beliefs. give your assurance that this 23 year old sen- his earliest experience. Yet, his faith was so great that he believed that God could bring Fundamentally, I am interested in tence is not indicative of how I have con- knowing a judicial nominee can fulfill ducted myself in the past several years and good from that evil; and his love was so not indicative of how I would conduct myself great that he hoped that those of his race his or her responsibility under the Con- as a judge. would become a beacon of God’s love to their stitution to apply the law fairly with- In 1987, when I was President of Arkansas oppressors. My article combines his view of out political favor or personal bias. Right to Life, that organization was at- providence—that God brings good out of I am satisfied Mr. Leon Holmes has tacked in a guest column in a newspaper on evil—with his view that we all are called to met that standard based on the strong love one another. This teaching can be criti- the ground that its members allegedly de- support he has received from those who fined life too narrowly and were, as I read cized only if it is misunderstood. Some of the criticisms directed at things I know him the best and his assurances the column, hypocrites. That same column wrote years ago are just; some of them are to me when we met personally. He as- stated that abortion involves a taking of not. I hope that my legal career as a whole, human life. In response, I wrote that, if the sured me personally he is willing and spanning the years 1982 through 2003, evi- author believed that abortion takes a human able to set aside his personal beliefs to dences that I am now ready to assume the life, he should start his own pro-life organi- fulfill his duties as a Federal district responsibility of a United States District zation but should not use our defects as a court judge. Court Judge. I certainly was not ready in reason not to act on his beliefs. In that con- 1980, nor for many years thereafter, and I do Senator PRYOR and I are here to sup- text, I asked rhetorical question, what if not claim that I was. My impression is that port Leon Holmes. He has done a good someone had advanced such a basis as a rea- my colleagues in the Arkansas bar—those job in Arkansas. son not save lives during the holocaust? I did who know me well and who represent clients He is a good man, a good friend, and not intend to say that supporters of abortion in federal court—believe that my legal ca- a well-trusted lawyer among his col- rights should be equated with Nazis. I have reer as a whole manifests a readiness to as- never intended anything that I said to give leagues. We encourage our colleagues sume the responsibilities of a district court in the Senate to look at the evidence that impression, and I do not think my com- judge, and I hope that you believe so as well. ments, which now are criticized, were taken With best wishes and warmest regards, I we have presented and certainly judge to mean that when they were written. From am this man on the basis of all of these in- 1983 through 1988, when I was active in pro- Very truly yours, credible character witnesses, as well as life activity and was writing most of the col- J. LEON HOLMES. his own testimony, in being sure that umns that are now criticized, I was an asso- Mrs. LINCOLN. In making my deci- we can all have the confidence that Mr. ciate at a large law firm, and I worked for Holmes will, without a doubt, imple- and with many lawyers who are pro-choice. sion to support Mr. Holmes’ nomina- Since then, most of my partners have been tion, I have considered many factors. ment the law, the rule of law, accord- pro-choice. I have had many cases with and There is no question he has the nec- ing to the rule of law, and not based on against lawyers who are pro-choice. No one essary legal skills and intellect to per- his own personal views. raised this concern at that time nor at any form the duties of the position. More I thank my colleagues for their at- time prior to the past two weeks. I believe importantly, I have been impressed tention, and I yield the floor. that no one raised this concern because ev- with the overwhelming support Leon The PRESIDING OFFICER. The Sen- eryone who knows me recognizes that I did has received from his friends, cowork- ator from Pennsylvania. not intend such a thing. The letters written ers, and colleagues in Arkansas’ legal Mr. SANTORUM. Mr. President, let on my behalf by pro-choice colleagues are me first congratulate both Senators strong testimony of their confidence in me. community who have firsthand knowl- While I expected that my past activities edge of his temperament, his character, from Arkansas for their eloquent state- relating to the abortion issue would draw and abilities as a lawyer. I have re- ments and their strong defense of Mr. scrutiny, and properly so, I did not expect ceived countless letters, e-mails, and Holmes. It speaks volumes of the quali- that my religious beliefs would draw similar phone calls from all over the State ex- fications and credibility of this nomi- scrutiny, but they have. I am aware that pressing strong support for Leon’s nee that these two Senators would step some concern has been expressed about a 1997 nomination. Many of these contacts forward and speak as straightforwardly column co-authored by my wife and me for are from people I know personally and as they have and to reflect the values our local Catholic newspaper or historic of the people in Arkansas who know teachings of the Catholic Church. The Catho- several, if not most, are from very ac- lic faith is pervaded with the view that the tive, self-described, very strong Demo- him best. This is a man who has strong visible things symbolize aspects of the spir- crats. support from across the ideological itual realm. This pervasive element of the Those from Arkansas who have con- spectrum in Arkansas, again, from the faith is manifest in the teaching that the tacted me and the Judiciary Com- people who know him.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.001 S06PT1 S7540 CONGRESSIONAL RECORD — SENATE July 6, 2004 I have had the privilege of standing He understands his role in the com- ion? Yes. In some respects he was. But before the Senate in the last 3 years to munity. He is someone who gives to as a believing Catholic, he was express- speak on behalf of 20 nominees from the community and is an active person ing the opinion of the church. As a be- Pennsylvania who we have moved in the community as well as in the bar, lieving Catholic, he was merely reflect- through here and into confirmation. I in his profession, and has earned the ing the teachings that he has been have seen many of these men and respect of people throughout his com- taught over the years from the church. women come under assault through munity for the tremendous effort he Now, if this were a writing by an in- this judicial process. It has become in- gives and the equanimity with which dividual who took this passage of creasingly contentious, personal, and is he deals with difficult situations. Scripture and took it off in a different reaching a point where we almost have The one thing that struck me when direction—something alien to the a situation where people are now un- meeting him was—everyone has visions church—then you might be able to say willing to step forward and enter into of when you meet someone what they you can criticize him for not being a this arena of judicial nominations be- are going to look like and what they faithful Catholic. You could say, look, cause of this attitude that has crept up will sound like. He was just a very this is a man who has his own ideas; he in the Senate over the last few years. gentle, kind, knowledgeable, profes- wants to reinterpret Scripture to mean I have seen really good people, who sional lawyer, someone with whom I something that is potentially degrad- obviously otherwise would not be nom- would have felt comfortable rep- ing to men, or women, or both. But inated for the Federal bench, come resenting me because I don’t share nec- that is not what he did. What he did— under assault for things they have said essarily all those qualities. He would and I didn’t ask him this, but I suspect years and years ago, things they may be a nice complement to someone rep- that he did what I would have done, have done years and years ago. I have resenting me in the courtroom. This which is, as a Catholic, if I am going to pored through FBI records, as many was someone I thought: If I had to ap- look at interpreting Scripture, I am members of the Judiciary Committee pear before a judge, I sort of would like going to look at what the church says have, and seen blemishes, indiscretions to appear with someone who had these about these writings in the Bible, be- of youth that have disqualified people kinds of qualities and temperament. So cause the Catholic Church has a very from this office that heretofore would he fits in very nicely with what has rich history of interpreting the Bible. never have disqualified some of them. been described by the Senators from So what I would do is go back and look This is a pretty tough place to put Arkansas, at least from my personal and see what the church has said about your name in nomination these days. meeting. this and how it interprets these pas- One person who has gone through prob- So what is the problem? You have sages and then reflect that in what I ably as much as anyone over the past the two home State Senators of the op- was going to write, because to me that year has been Leon Holmes. His nomi- posite party in support of him. You is what the role of a Catholic is. nation has been out there for well over have the Arkansas Bar and all of his Again, that is what the Catholic a year. He is someone who has had a lot colleagues who have come out and been Church teaches; that is what I believe. of challenges made about things he has supportive. People who are liberal That is what the Catholic Church said and positions he has held. He has Democrats have said some of the most teaches; that is what Leon Holmes be- stood firm in defense of statements flattering things I have ever heard lieves. that were defensible and apologized for about people on the floor of the Senate. Now, what he is being criticized for is those that were not. That sounds to me So what is the problem? Is it a state- for holding these beliefs—beliefs shared like a pretty balanced way of approach- ment he made 20-plus years ago? Do by a billion people. You can say that ing things. When you believe you were you think that could cause the defeat may be out of the mainstream. I don’t right in saying what you were saying, of a man who has a record and a distin- know. But it is shared by a billion peo- you stand by the feelings you articu- guished career and service to his comple. It is an interpretation that has lated, and when you believe you made munity and faithfulness to his family been around for a couple thousand a mistake and were in error, you have and a good father? Does that one state- years. If you say, because you hold the courage to stand up and say you ment 24 years ago disqualify him from these beliefs that are central to the were wrong. I don’t think we could ask being a judge? faith, that you are disqualified for for any more out of someone. I don’t think that is it. What else is writing an article for your church—not In the case of Leon Holmes, specifi- out there? There are only two issues I writing a political article, not writing cally where he said he was wrong, as have heard of that are out there. The a judicial opinion, not writing in a sec- referred to by the Senator from Arkan- second was an article he wrote, an arti- ular magazine, but writing an article sas a minute ago, was his comments cle he wrote with his wife for his dio- about Scriptural interpretation for about rape and pregnancy. He was in cese, for his church, the Roman Catho- your church, that if you do that and it error. He made a mistake. I would lic Church in Arkansas. It was an arti- is not politically correct, it is not seen argue that he has paid dearly over the cle about a particular passage in one of as being within the mainstream of po- past year for that statement. However, Paul’s letters discussing marriage and litical dialog today, you cannot be a that is not what he believes and he has the role of husbands and wives. He sim- Federal judge. I find that to be rather not believed that for quite a long time. ply went through with his wife and de- chilling. The statement was made over 20 years scribed what you would see described There was an article in the Wash- ago. in reading any text describing and ex- ington Times. I have the quote: Again, I remind the Senate how we plaining those verses from the Bible. I will tell you, as a person with a Catholic need to look at the whole person, not a You would see it described in any Vati- background, that these are troubling state- statement made 20-plus years ago for can text, any text that is in line with ments for him to make. which the person has subsequently the teaching of the Catholic Church This is regarding the statements I apologized, not just to this body but that would use the same arguments talked about on the role of women and has said over the years that that was a and say the same things that Leon men in marriage. statement in error. We want to look at Holmes and his wife said in this article. Mr. Holmes’ statements reflect a narrow the whole person, as the Senators from What he gave was the orthodox Catho- view of Catholic theology and do not embody Arkansas, Senator HATCH, our leader, lic interpretation of those sections of contemporary standards that would be fol- has described, the whole person, with the Bible. lowed by any Federal judge in any State. whom I had a chance to meet a few It is what I have heard in many a Think about that. Because of his months ago, someone who is a very im- Sunday sermon. When that section of Catholic faith, because he holds these pressive man, a man who is obviously the Bible has been read and the priest beliefs that the Catholic Church teach- very gifted as a lawyer, a man who is a would get up and talk about it, he es, he cannot be a Federal judge. Is strong family person, believes in the would give almost chapter and verse that what freedom of religion means in centrality of the family, the impor- the explanation that Leon Holmes and our Constitution? Is that what the tance of his role as a husband and fa- his wife gave in that dissertation. So term ‘‘free exercise of religion’’ means ther. was Leon Holmes expressing his opin- in our Constitution—that we are going

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.032 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7541 to eliminate anybody who is nominated This is a dangerous moment for us in NOMINATION OF J. LEON HOLMES, for a Federal judgeship who actually the Senate. It is a dangerous moment, TO BE UNITED STATES DISTRICT exercises their religious beliefs and where a man may not become a judge JUDGE—Continued states them for his own church, and simply because he holds religious te- The PRESIDING OFFICER. Who that now disqualifies them? Let’s start nets that have not kept up with con- yields time? to take sandpaper out and scratch out temporary mores. The Senator from Vermont. ‘‘in God we trust’’ over there; let’s Mr. President, how much time re- Mr. LEAHY. Mr. President, what is start sanitizing this place of any faith mains on both sides? the parliamentary situation? that is not politically correct or of con- The PRESIDING OFFICER. There The PRESIDING OFFICER. We are 1 temporary standards. Isn’t that what are 109 ⁄2 minutes on the majority side, under controlled time. The Senator faith is about, contemporary stand- and 110 minutes on the minority side, from Vermont controls 110 minutes, ards? It changes. If your faith doesn’t with time expiring for the noon recess. and the Senator from Utah has 106 change, you are out. If your faith Mr. SANTORUM. I thank the Chair. Mr. President, I conclude by saying minutes remaining. doesn’t adapt to the contemporary Mr. LEAHY. I thank the Chair. this is an important vote. This is not mores of today in America, you are dis- Mr. President, the Senator from Cali- just a vote to confirm a district judge qualified. fornia, Mrs. BOXER, wishes to speak on in Arkansas. I know that does not Mr. President, that is what is being a matter of personal concern to her sound like a big deal to people who are said here today. If you hold a tradi- State. I believe she mentioned this to hearing my voice. It is a district court, tional religion and stand by it, live it, the Senator from Utah. I ask unani- a small court, Arkansas. It is not practice it, espouse it, you need not mous consent that she be yielded 8 Washington, DC, or New York City. It apply, because your religion hasn’t minutes as in morning business. is not a glamourous place to serve, just adapted to contemporary standards The PRESIDING OFFICER. Without like western Pennsylvania and central and, therefore, you cannot be a judge. objection, it is so ordered. The Senator Pennsylvania are not glamourous Imagine what our Founders would be from California is recognized. places to serve. But we do justice in doing right now. Imagine. Free exercise (The remarks of Mrs. BOXER are these communities because we get good of religion. What does ‘‘exercise’’ printed in today’s RECORD under people who are from the community, mean? Does it mean sitting here like ‘‘Morning Business.’’) who are good, decent, moral people, this? Is that exercise? How about going The PRESIDING OFFICER. The Sen- who live their faith as they are allowed to church on Sunday, sitting in the ator from Vermont. pew, or staying at home and reading to do by our Constitution. Mr. LEAHY. Mr. President, I yield If we send a message out today that your Bible; is that exercise? We all myself such time as I may need. living your faith, espousing your faith, know what exercise means. It means to I welcome the distinguished Pre- exercising your religion is now cause get out and do it. They used an active siding Officer back from his break, and for defeat on the floor of the Senate, if word here. What was Leon Holmes I hope he enjoyed his as much as I did, we send the word out today that unless doing? He was simply exercising his being in Vermont. In fact, I must say I your religious beliefs are contemporary fundamental constitutional right to ex- hated to leave Vermont today; it was or have been contemporized, unless you press his beliefs—not as a member of so nice. have adapted the popular culture into the legal community, not as a citizen But as the Senate resumes our delib- your faith, you are no longer suitable of the State of Arkansas, but as a erations for this session, I would like to hold that office, then I think we faithful Catholic to other Catholics in to make note of some matters that oc- make a dangerous statement, not just his Catholic community. And for that curred on this floor as we were ad- to people in this country, but to the we say he cannot be a judge? journing for the recess. The Senate world. Some in this body today will vote confirmed six more judicial nominees. This is a big vote. Anybody who against this man because he had the That brings to 197 the total confirma- thinks this is not a big vote, let me as- audacity to practice his faith. So we tions since President Bush took office. sure them, I will remind people here for now understand the religious litmus The distinguished Presiding Officer quite some time how big a vote this test. If you belong to a religion that and others may recall, we only had one was. This is a vote about religious free- has not ‘‘adapted,’’ has not stayed with roll call vote on a judicial nominations dom. This is a vote about the free exer- the times, if you are one of these old- that week. At the request of the distin- cise of religion, and this is a vote about fashioned religions who believes the guished majority leader, I agreed to truth was actually laid out and the tolerance. We hear so much from the other side have five judicial confirmation votes truth doesn’t change, and we actually about tolerance—tolerance, tolerance, done by a voice vote. As often happens have people who believe—incredibly, to tolerance. Where is the tolerance of when we consider the judges by voice some in this body—that God laid out people who want to believe what has vote, I think the public, many Sen- certain truths, communicated them, been taught for 2,000 years as truth. ators, and the press have little oppor- and they have not changed because God You have a right to disagree with that tunity to take note of our actions or, has not changed. But if you feel that teaching. You have a right to adapt as in this case, the extraordinary way, you are out. You are out because your contemporary mores to that achievement. I say extraordinary be- the narrow views that do not embody teaching. But where is the tolerance of cause, when the Republicans controlled contemporary standards—God’s ‘‘nar- people who choose to keep that faith? the Senate in the 1996 session, the last row view’’—at least some believe that, We will have a vote on Judge Leon year of President Clinton’s first term, and I argue they have the right to be- Holmes, but it will be a bigger vote they allowed only 17 judges to be con- lieve in these ‘‘narrow views’’ that than just on that judge. It will be a firmed that whole session and they re- have been around for a couple thousand vote on the soul of the free exercise of fused to allow any circuit court nomi- years, but they are narrow views. That religion clause and of tolerance to reli- nees to be confirmed that entire time. is right, the path is narrow. Maybe now gion. If one Republican Senator objected, it it is too narrow to get you through the Mr. President, I yield the floor. was in effect a filibuster of the whole Senate. Imagine. Imagine that here in Republican caucus. They would not f a country that professes, as one of its allow any circuit court nominees to go highest ideals, the freedom of religion, RECESS through during the 1996 session, not in a country that, as we try to build a The PRESIDING OFFICER. Under one. I mention that because that was republic and a democracy in Iraq, that the previous order, the Senate will the most recent year, besides this year, we had letters signed by people on both stand in recess until the hour of 2:15 in which a President was seeking re- sides of the aisle in large numbers en- p.m. today. election. couraging religious pluralism in Iraq, Thereupon, the Senate, at 12:33 p.m., Of course, this year alone, by the end that we now say religious pluralism recessed until 2:17 p.m. and reassem- of June, we far exceeded the number of doesn’t necessarily apply here anymore bled when called to order by the Pre- judicial nominees confirmed, including in the Senate. siding Officer (Mr. SMITH). circuit judges, for this President. We

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.035 S06PT1 S7542 CONGRESSIONAL RECORD — SENATE July 6, 2004 confirmed 28 of President Bush’s judi- 17 months, a much faster pace than the had no objection to him coming up. cial nominees by the end of June, in- previous period of Republican control Many of us oppose the nomination, but cluding 5 to the circuit courts. Again, I of the Senate. we had no objection to bringing him note that—notwithstanding the more The number of Federal judicial va- up. For some reason, the Republican than 60 judicial nominees who were cancies for the whole country is only leadership refused to do so for almost blocked by the Republican leadership 27, the lowest it has been in decades. I 14 months. under President Clinton and the fact mention that because when you look at As you look at the public record of they allowed only 17 judges during the the period from 1995 to 2001 when the this nomination, you can almost see 1996 session in his reelection year, and Republicans controlled the Senate with why they were embarrassed to bring it not a single circuit court judge—we the Democrats in the White House, va- up before now. In fact, this controver- have so far confirmed 28 judicial nomi- cancies on the federal courts reached sial nomination was not only denied nees of President Bush, including 5 cir- over 100 and through systematic block- consideration by the Republican lead- cuit court nominees. ing of nearly two dozen circuit court ership for over a year, but on a remark- In fact, the Senate has confirmed nominees of President Clinton, circuit able day last spring the Republican- nearly 200 judicial nominees of Presi- vacancies more than doubled. Despite controlled Judiciary Committee didn’t dent Bush. In this Congress alone, the additional retirements since then, after even give him a positive recommenda- Senate has confirmed more Federal 197 judicial nominees of President Bush tion. They voted him out without rec- judges than were confirmed during the have been confirmed there are now lit- ommendation. On the few occasions 2 full years, 1995 and 1996, when Repub- tle more than two dozen vacant seats that has happened with lower court licans first controlled the Senate and left in the federal judiciary. nominees in the past, that pretty much President Clinton was in the White A second development was the state- determined you would not get a vote House. We also exceeded the 2-year ment of the Democratic leader urging on the floor. total at the end of the Clinton adminis- bipartisan communications and co- Can you imagine how troubling the tration when Republicans held the Sen- operation. Senator DASCHLE’s proposal record must be if the majority were Re- ate majority in 1999 to 2000. to seek a politics of common ground publicans, the nominee was of a Repub- While the Republican-controlled Sen- should be commended. It should be lican President, and a majority of the ate, during its 25 months in the major- built upon by both sides. I think many Republicans were not willing to vote ity, has not confirmed quite as many Republican partisans treated Senator for him in the Senate Judiciary Com- as the 100 nominees the Democrat-led DASCHLE most unfairly during his mittee? So the leadership held him Senate confirmed in our 17 months, the years as the Democratic leader. It is a back for over a year. I think I understand why. I think I total of 197 is still the fourth highest 4- measure of that good man and a reflec- understand why some of my friends on year total in American history. tion of his understanding of the Senate the other side of the aisle pay lip serv- I am actually saying this to com- that he has sought out common ice to this nomination and are rather pliment the work of my Republican ground. It is a reflection of Senator colleagues for this Republican Presi- embarrassed by it. DASCHLE’s understanding and love for If you look at the record of this dent. During their 25 months in the our system of Government that he dis- nominee, it is quite clear he has made majority, 97 of the judicial nominees of dains bitterness and rejects retaliation. numerous strident, intemperate, and President Bush have been confirmed. Instead, he advocates counsel, coopera- insensitive public statements over the During the 17 months Democrats lead tion, and respect. I commend my years regarding school desegregation, the Senate, we confirmed 100 judicial friend, the senior Senator from South political emancipation, school prayer, nominees of President Bush. Dakota, for that. voting rights, women’s equal rights, In all, we have confirmed more life- Many in this Chamber might also re- gay rights, the death penalty, the Bill time appointees for this President than call that one of President Clinton’s of Rights, and privacy, among other were allowed to be confirmed in the first acts upon reelection was to be- issues. most recent 4-year Presidential term, stow the Presidential Medal of Free- For example, he has argued in the that of President Clinton, from 1997 to dom on his political opponent, Senator area of reproductive privacy law that 2000. We have actually confirmed more Bob Dole. I consider myself very fortu- ‘‘concern for rape victims is a red her- judicial nominees of this President nate to be one of the Senators who ring because conceptions from rape than the first President Bush had con- Senator Dole invited to the White occur with the same frequency as snow firmed by the Senate from 1989 through House for that ceremony. I remember falls in Miami . . . ’’ 1992, and we have confirmed more of the grace shown both by Senator Dole I prosecuted a lot of rape cases when President George W. Bush’s judicial and by President Clinton. I was a prosecutor, and a lot of child nominees than were confirmed during We would also do well to remember abuse cases where the child was President Reagan’s entire first term Senator Bob Dole’s address to Members raped—something that is rape under from 1981 through 1984, when he had a of the Senate as part of the leadership the law of every State in this Union. I Republican majority in the Senate. series of speeches in the Old Senate find the statement of this nominee on One can’t help but think that maybe if Chamber. In that address, he observed this issue to be insensitive and appall- he had a Democratic majority part of the Senate should proceed through bi- ing. Speak to the family of a 13-year- the time he may have had even more partisanship. old girl who is pregnant after being confirmations. Democrats have acted with biparti- raped by her family’s best friend, the I would also note that the five circuit sanship toward judicial nominations next-door neighbor, and in some in- court nominees of President Bush con- and a record number of this President’s stances by her father, and tell them firmed this year are five more than Re- judicial nominations have been con- that pregnancy does not happen from publicans allowed to be confirmed dur- firmed. A few have not. Some of the rape. I prosecuted some of those cases. ing President Clinton’s reelection year. nominations the President has pro- They are the most sickening and ap- These may seem like just numbers, posed for lifetime seats on the federal palling things. but I think Democratic Senators did bench have been extremely controver- But I tell Mr. Holmes, if he is con- what I said we would do when I became sial, extremely troubling. Today the firmed and cases come before his court, chairman of the committee: that we Senate is debating President Bush’s I hope he will open his eyes. I hope he would work to lower the partisan di- controversial nomination of J. Leon will open his eyes to reality and realize vide by treating President Bush’s judi- Holmes to a lifetime position to the these things do happen—not just in cial nominees more fairly than Repub- Federal court in Arkansas. For some this country. What would he say to the licans treated President Clinton’s reason, he is finally coming up for a women who are being raped in Sudan nominees, by working harder to fill va- vote today. The Republican leadership for the purpose of forcing them to have cancies in the federal courts. Under the could have brought him up at any time babies of a certain hue as part of the leadership of TOM DASCHLE who at that in the last 14 months since his nomina- genocide that is going on in Sudan? It time was the Senate majority leader, tion was reported out of the Judiciary is genocide. Our administration doesn’t we confirmed 100 judicial nominees in Committee. The Democratic leadership want to admit it is, but it is.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.039 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7543 Rape is a serious matter. Mr. Holmes But for this Senator, a member of tion. The Supreme Court’s reliance on called concerns about pregnant rape that committee, it is a very difficult ‘‘natural rights’’ was repudiated in victims ‘‘trivialities.’’ That is his question, especially with a record like 1937—70 years ago. word—‘‘trivialities.’’ Ask a pregnant Mr. Holmes’. And it is certainly not a Mr. Holmes has been critical of the rape victim if they consider this a triv- question I would answer by giving dissenting opinion in the Lochner deci- ial matter. somebody a lifetime appointment to a sion, and he seemingly embraces the By making such remarks, Mr. position of such enormous power. idea that the activism of the Supreme Holmes has revealed how tightly closed In fact, the question is so difficult Court almost 100 years ago was justi- his mind is to seeing the realities of that at the Judiciary Committee busi- fied. this world. But worse than that, his ness meeting, where Democrats were Again, I mention this because Presi- statements also reveal a callous dis- prepared to vote on Mr. Holmes’ nomi- dent Bush has spoken repeatedly regard for the trauma of women who nation, Republican Senators asked for against judicial activism while simul- are raped and a disturbingly willful ig- more time to review Mr. Holmes’ taneously nominating people likely to norance of the facts. record. I think perhaps that at that be judicial activists for his social and An interesting matter is that accord- meeting some of them heard for the political agenda, people such as Mr. ing to the Weather Almanac, it did first time some of the statements made Holmes. This approach is one of those: snow one time in Miami, Florida dur- by Mr. Holmes in the material he sub- ing a freak cold spell in 1977. But a Watch what we say; don’t watch what mitted to the Senate Judiciary Com- we do. Republicans will say we are more disturbing statistic is that, ac- mittee. Eventually, in May of last cording to the American Journal of against judicial activists with the one year, they reported him out provided hand, and with the other hand quietly Preventive Medicine, there were more they did not have to vote for him, pro- than 25,000 pregnancies that resulted nominate judicial activists. vided they could vote him out without One of the most troubling things Mr. from rape in 1998 in our country alone. recommendation. That does not happen Not 1, 2, 3, or 4; it was 25,000. And this Holmes has written is his criticism of very often. what is known in our law as ‘‘sub- nominee says such things don’t occur. The last time I can remember that stantive due process.’’ As even Mr. He says that people who express such happening was with Judge Clarence Holmes conceded in his answers to my concerns are focused on trivialities. Thomas. His nomination was reported questions, substantive due process is Where in heaven’s name has he been without recommendation in order to the means by which the rights in the living? What kind of a mindset would allow a vote before the full Senate Constitution’s Bill of Rights apply to he bring to a Federal bench? Why in when he could not achieve a majority protect individuals from State govern- heaven’s name did the President nomi- in the committee. nate him? Like Justice Thomas, Mr. Holmes ments that would deprive them of In fact, according to the medical has been a proponent of what is known those rights, such as the right to free- journals, as many as 22,000 of those as a ‘‘natural rights’’ or ‘‘natural law’’ dom of religion, freedom of speech, pregnancies could have been prevented theory of interpreting our Constitution freedom of the press. Mr. Holmes con- if the women had received emergency in order to achieve judicial recognition cedes that as a scholar he disagreed contraceptive treatment. Instead, with of rights he believes should exist. He with the idea of substantive due proc- more than 300,000 rapes each year in has been supportive of reading new and ess, but now, when he is facing a vote the United States, more than 25,000 undefined rights into the Constitution on his nomination in the Senate, he women each year find that not only based on his personal or political con- says basically: Oh, by the way, of were they violated, but they are preg- ception of ‘‘justice.’’ This sounds to me course now I see it as settled law. He nant as a result. One can barely imag- like the judicial activists the President did not see it that way a few short ine the trauma and heartache of such a has said he does not want to see on the years ago. circumstance. That reminds me again of another For many rape victims, the girl is bench. I guess if they are very conservative Republican judicial activists, it nomination. These issues rose during under 18 or the victim of incest. It is the hearings on Clarence Thomas’s hard to imagine the pain and difficult is OK. Mr. Holmes has supported efforts to hearings on his nomination to the Su- decisions these young women face. But preme Court. He had given many Mr. Holmes has called concerns about require that the language of the Con- stitution be trumped by language he speeches praising natural law prin- these women ‘‘trivialities.’’ ciples, but then disavowed them during This type of statement and attitude prefers in the Declaration of Independ- his Supreme Court confirmation hear- makes one wonder what kind of judge ence in order to advance a social agen- ings. For example, he praised Lew he would make, and federal judgeships da against choice and against the sepa- Lehrman’s article, ‘‘The Declaration of are for life. Can you imagine if such ration of church and state. This meth- Independence and the Right to Life,’’ cases were before a judge like this? In od of interpreting the Constitution, the as ‘‘a splendid example of applying nat- my own conscience, I could not reward fundamental charter of our democratic ural law.’’ That article looked to the a lifetime position of power to such a nation, represents an approach which Declaration of Independence as the person with power over women and has been advocated by the far right in basis for overturning Roe v. Wade. men alike. its effort to erode the longstanding sep- I think this sort of judgmental and aration of church and state that Then, despite his assurances to the intemperate approach is opposite of the assures all Americans their first Senate Judiciary Committee that he qualities needed for the Federal bench. amendment freedoms. would follow the law in this area if he Indeed, given Mr. Holmes’ strong com- The idea of ‘‘natural law’’ is what led was confirmed, of course, Justice mitment to various political causes of to the tyrannical period of judicial ac- Thomas immediately voted to overturn the right wing over these past two dec- tivism at the turn of the last century Roe v. Wade—just the opposite of what ades, a Republican Senator was moved in which the Supreme Court struck he said—as soon as he was confirmed. to ask this nominee: ‘‘Why in the world down numerous State and Federal laws The Senate trusted him, and we saw would you want to serve in a position written to protect the health and safe- what happened. where you have to exercise restraint ty of working Americans. Those deci- Now, Mr. Holmes wishes to regard and you could not, if you were true to sions are discussed at length in law this issue as one in which we should your convictions about what the role of school. In the activist Supreme Court just trust him to set aside what he a judge should be, feel like you have decision of Lochner v. New York fed- himself calls his ‘‘history of activism.’’ done everything you could in order to eral judges found a ‘‘natural right’’ to He admitted to a reporter that the perhaps achieve justice in any given contract in employment decisions that ‘‘only cause that I have actively cam- case?’’ trumped any legislative efforts to end paigned for and really been considered Mr. Holmes, for his part, conceded: child labor—which in many cases was an activist for is the right-to-life I know it is going to be difficult for this basically child slavery—sweatshops, issue.’’ But then he told the Senate Ju- Committee to assess that question, and I and the terribly unsafe workplaces at diciary Committee that he would not know it is a very important question. the beginning of the Industrial Revolu- promise to recuse himself from those

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.041 S06PT1 S7544 CONGRESSIONAL RECORD — SENATE July 6, 2004 cases in which he has a history of ac- courts should not have the power to reverse a lower court order allowing tivism. What he said was: Just trust order school districts to take actions voting hours to extend beyond statu- me. to remedy segregation that was bla- tory times set in Pulaski County, in Well, I do hope that if the Senate Re- tantly unconstitutional. But I would Little Rock. In the Republican Party publicans disagree with me and Mr. remind him that, fortunately, there of Arkansas v. Kilgore, Mr. Holmes was Holmes is confirmed, that he will keep were judges who did not take this the party’s lawyer in its emergency pe- his word and he will not impose his po- twisted, I might say, cowardly view of tition to the Arkansas Supreme Court. litical views on others as a judge, espe- Brown v. Board of Education. According to his questionnaire, the cially as he was under oath when he There were countless judges ap- Democratic Party ‘‘obtained on order made that promise. But I have seen too pointed by Republicans and Democrats at 6:46 p.m. on election night extending many, even though they were under who had courage in their efforts in the the voting hours from 7:30 p.m., the oath, go back on their word as soon as South because they did not believe our statutory time for concluding voting, they were confirmed. federal courts lacked the power to en- to 9:00 p.m. for Pulaski County.’’ This debate is not about his position force a remedy to the violation of a Subsequently, Mr. Holmes was able on right to life issue. We have con- fundamental constitutional right. Be- to get all 300 ballots cast after 7:30 firmed numerous judicial nominees of cause of their courage, Brown v. Board thrown out, even though many of those President Bush who have been active in of Education was enforced. One has to people, working people, who voted had the right-to-life movement or litiga- ask, if Mr. Holmes, based on his state- been waiting in long lines, waiting for tion, such as Judge Lavenski Smith, ment, would have shown that courage. their right to vote. According to press confirmed to the Eighth Circuit; Judge I respect the legacy of Judge Ronald accounts, many of these long lines John Roberts, confirmed to the DC Cir- Davies, who ordered that Little Rock were in precincts with large numbers of cuit; Judge Michael McConnell, con- Central High be integrated and had the African Americans. I think we should firmed to the Tenth Circuit; Judge Ron independence and the strength of char- all be concerned when votes are not Clark, confirmed to the District Court acter to stand up to Governor Orval counted, when the American citizens in Texas; Judge Ralph Erickson, con- Faubus and insist on the enforcement who exercise their right to vote are firmed to the District Court in North of our Constitution as interpreted by disenfranchised. Mr. Holmes does not Dakota; Judge Kurt Englehart and the Supreme Court. We do not honor give much weight to this concern. Judge Jay Zainey, confirmed to the his legacy—his great, great legacy on During the Bush v. Gore recount liti- District Court in Louisiana; and Judge this issue—by voting for this nominee. gation, Mr. Holmes wrote a letter to Joe Heaton, confirmed to the District In fact, Mr. Holmes has suggested the editor strongly opposing the accu- Court in Oklahoma—among the 197 ju- that Booker T. Washington was correct rate counting of Presidential ballots. dicial nominees of President Bush who to teach that slavery in the United Why? Such a recount would result in have been confirmed. States, which resulted in the inhu- more votes to the Democratic can- I have voted for many judges who mane, involuntary servitude and often didate. I do not believe that with the made it very clear in their public brutal deaths of millions of African record of this nominee that he will be record that they had taken a right-to- Americans, was part of divine provi- impartial on such issues in Federal life position. In fact, the judges I just dence. Mr. Holmes who wrote his dis- court. I would hate to be a Democrat to mentioned have been at the forefront sertation on Mr. Washington’s con- have to come before his court with of efforts to reverse Roe v. Wade as troversial ideas, stated that ‘‘what we views like this, but it appears that this lawyers, and all were confirmed. need to learn from Booker T. Wash- is a case where the White House is say- So it is unequivocally false to claim ington is that not everything that pa- ing: We do not want an independent that Democrats have employed a pro- rades under such banners as ‘libera- Federal judge. We want somebody who choice litmus test in voting on judicial tion’ and ‘freedom’ is genuine.’’ we hope will be an arm of the Repub- nominees—not with all the ones we My grandparents and great-grand- lican Party from the bench. have voted for who would fall in that parents came to this country because Finally, I note that among the many area. But the same, about the litmus they believed that the freedom prom- very troubling things this nominee has test, cannot be said of the choices ised by the Constitution in America is said, he has written that he does not made by President Bush. It seems he genuine. They believed liberation is think the Constitution was made for has sought out individuals who share genuine. They believed that this was a people of different views. I believe our his pro-life views and who have strong country that guaranteed it. I was sore- Constitution’s tolerance and protection pro-life credentials for these lifetime ly disappointed to hear Mr. Holmes’ for a diversity of views is one of the positions as Federal judges. In fact, I statement. things that has made our Nation cannot think of a single judicial nomi- I do not think Mr. Holmes is simply strong. Just look at the first amend- nation President Bush has made of an out of step with reasonable interpreta- ment, the beginning of our Bill of individual who has been active on the tions of liberty, privacy, and equality. Rights. The first amendment says you pro-choice side of this issue. Senate He is marching backward in the direc- have the right to practice any religion Democrats have shown we do not have tion of an era in which individual you want or none if you want. It says a litmus test. The White House has rights under our Constitution were not very clearly you have a right of free shown it does. fully endorsed by the courts and were speech. What it says is that we will I am also saddened to note Mr. often empty promises. While such a have diversity because people have Holmes has attacked efforts to enforce narrow approach may once have been freedom of conscience. People have dif- the Supreme Court’s decision in Brown in favor among a few, his hostility to ferent ideas. Not only does the Con- v. Board of Education, the landmark modern understandings about civil stitution inherently value diversity, case which declared that separate is in- rights and human rights is eccentric, but also it guarantees that diversity herently unequal. As a nation we have to say the least. It is the Senate’s job will be protected. Anywhere you have just celebrated the 50th anniversary of under our Constitution to serve as a diversity protected, you can have a this unanimous decision of the Su- check on the executive branch in nomi- strong democracy. preme Court—a unanimous decision nation and it is our job to protect the I cannot think of anything I have with conservative and liberal justices rights of the American people by try- heard by any nominee that goes so joining together, but here we have a ing to ensure that we have a fair and much against our vision of America nominee who has criticized efforts to an independent Federal judiciary. than to say that our Constitution was enforce this decision. Given his views of equality and free- not for people of different views. Mr. Brown v. Board of Education helped dom, it is perhaps not surprising that Holmes seems to think the Constitu- break the shackles of Jim Crow that Mr. Holmes has also been critical of tion is meant only for people who share had bound the Nation’s dream of racial full endorsement of voting rights. For his own views of the world. I cannot equality and the Constitution’s prom- example, he represented the Repub- imagine a fairminded person sug- ise of the 14th amendment. Instead, Mr. lican Party of Arkansas before the Ar- gesting, as this nominee has, that Jus- Holmes suggested that the Federal kansas Supreme Court in late 2002 to tice Oliver Wendell Holmes erred when

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.043 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7545 he wrote that the judicial activism of a Mr. HATCH. Mr. President, I have statements that have been described century ago was wrong. Justice Holmes been here a long time. I sat through today are statements that were made stood up against other judges who were the comments of the Senator. I have almost 24 years ago, for which Leon substituting their personal, political, heard a lot of remarks on the floor of Holmes has apologized and has received and economic views for those of legis- the Senate with regard to judges. In forgiveness from the people of Arkan- lators. Justice Holmes observed our fact, I have heard them for the last 28 sas, and especially the two Senators Constitution is made for people of dif- years. I have to say that not only do I from Arkansas, who know him more ferent views, but Mr. Holmes specifi- totally disagree with everything the than anybody else here. They are both cally objects to that vision of our Na- distinguished Senator from Vermont strong advocates for Leon Holmes. tion’s charter. has said, but I believe he has seriously Yet we sit here and hear very inap- I cannot imagine a fairminded and distorted this man’s record. Let me propriate comments and, in my opin- open-minded person staking out the just answer these distortions with ion, highly distorted, about a man who ground that Mr. Holmes has. Mr. J. maybe a few points. is considered one of the better lawyers Leon Holmes has taken issue with that No. 1, this man has the support of in Arkansas, maybe one of the better bedrock principle of our law. It is abun- virtually everybody who counts in Ar- lawyers in the country. Look, it is dantly clear from the nominee’s own kansas—Democrats and Republicans. time we quit playing these games with writings and record why this nomina- No. 2, he has the support of the lead- judges. Our side should not do it and tion has stirred such controversy in ing newspapers in Arkansas, which are the other side should not do it. If you the Senate and among the American not necessarily known for supporting disagree with Leon Holmes, vote people. Mr. Holmes might be one of the Republicans. against him, but you don’t have to dis- most intolerant nominees we have had No. 3, this man is an intellectually tort his record. Virtually every legiti- before the Senate for a confirmation profound man who earned a Ph.D. from mate criticism he has had has been an- vote in the time I have been in the Sen- Duke University before he got his law swered, and answered substantively. In ate. I can see why, even with a Repub- degree. He graduated with honors with fact, every legitimate question that lican-controlled Judiciary Committee, his law degree as well. has been raised has been answered. he could not get a majority vote to No. 4, this man has the blessing of This is a fine man who has the sup- support him. He should not get a ma- the American Bar Association, with port of his media, which is pretty un- jority vote in the Senate. the highest rating a person can have. usual for a pro-life Republican. He has Ask yourselves, men and women of No. 5, Leon Holmes is a very religious the support of the bar down there. He this Senate, can you really vote to give person, and virtually everybody who has the support of Democratic women, somebody a lifetime appointment when writes in his favor—virtually every- as well as Republican women. He has they interpret the laws of this Nation— body I have seen, including many Dem- the support of people who live religious somebody who says that the laws are ocrat leaders in Arkansas—state that lives. He has the support of his part- not made to protect diversity in Amer- he is totally capable of putting aside ners, many of whom are Democrats ica? Tell my Irish grandfather and my his deeply held personal beliefs in order who don’t agree with his personal Italian grandfather, both of whom were to act with dispassion and fairness on views—although I think many would stonecutters in Vermont, that our Con- the bench. agree with his personal views. His per- stitution should not protect people No. 6, a number of Democrat pro- sonal views are legitimate, but there is from diverse backgrounds. I cannot be- choice women lawyers have written in room to disagree. But I don’t know lieve that a judicial nominee would and informed us that he has been their anybody of substance in Arkansas who take issue with this core value because mentor, their advocate to partnership thinks this man is unworthy to be on he wants to impose his own political in his law firm; that he has not only the Federal district bench, or thinks he views on the Constitution. been fair, he has been decent, honor- will not obey the law when he gets on What we have before us is a very able, and he has been their friend, even the Federal district bench, or thinks he troubling nomination. Here, the Presi- though they disagree with some of his will not uphold the law when he gets dent, who campaigned against the idea personal views. on the Federal district bench. of judicial activism, has nominated My gosh, if we are going to bring up I could go through every argument somebody who is unabashedly an activ- every case an attorney has tried, be- that has been made and every one is ist in a wide range of issues taking a cause we differ with his particular cli- not unanswerable but I think over- narrow view of individual rights. The ents, and paint the attorney as some- whelmingly answerable. It comes down President, who has said he wants to re- body who is not a good person, as has to some statements he made a long spect all views in the country, has been done here, we would not have very time ago for which he has apologized, nominated somebody who does not be- many judges confirmed. which he has said were insensitive. He lieve in such diversity. I could go on and on. Let me say that was a young man dedicated to the pro- I still cannot get out of my mind the you don’t get the well-qualified highest life movement and he made some in- comments about rape and pregnancy. I rating from the ABA because you are a sensitive statements, as some do on still have nightmares when I think of jerk, as has been painted here. You both sides in pro-life or pro-choice con- some of the cases I prosecuted, some of don’t get the support of Democrats and tingencies. the children I counseled, some of the Republicans in your home State if you This man deserves a vote up or down. families who grieved in my office, some are a partisan who won’t obey or follow I hope he will receive that and I hope of the lives I saw shattered by children the law. You don’t get a Ph.D. from he will be confirmed. But those who who had been raped, became pregnant Duke unless you are a very bright per- vote against him, I think, are doing so from that rape, and also were abused. son and somebody who has earned the without the consideration of the high I will soon yield the floor so others right to a Ph.D. His studies were main- qualities this man offers, and without may speak. I will vote against Mr. ly of three great Black leaders, includ- the recognition of the many Democrats Holmes. He is not a man who should be ing DuBois, Washington, and Martin who have written in favor of him. on the federal bench with a lifetime Luther King, Jr. Many pro-choice Democrats have writ- post interpreting the rights of others, a I could go on and on. I am just saying ten in favor of him. If we are going to man whose mind is so set against wom- that I guess we could find a way to debate, we should debate the facts, not en’s rights no matter how polite he decry anybody who has ever tried a distortions of the facts. He has apolo- may be, so set against the idea of pro- case, or at least a controversial case. gized and made amends. He asked for- tecting diversity, so set against the Attorneys do that. I know the distin- giveness for some of his remarks that way our Constitution should be inter- guished Senator from Vermont has were insensitive. preted. His writings are a throwback to done that. I have done that. If this I hope around here we are not of the darker days in our Nation’s approach body cannot understand why a person, persuasion or opinion that everybody to the law and the fundamental free- when they are very young, makes some who comes to the Federal bench has to doms promised by our Constitution. statements they are sorry they made be perfect from the time they graduate I yield the floor. later, then what body can? Many of the from law school on, or even before

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.045 S06PT1 S7546 CONGRESSIONAL RECORD — SENATE July 6, 2004 that, or because we differ with them on Eucharistic Ministers Program, the St. and independent stands in the past? one or two positions that may be very Thomas More Catholic Lawyers Asso- Are they so afraid of the White House important issues to one side or the ciation, the John Carroll Society, the that they would allow this religious other, they do not have a right to serve Guild of Catholic Lawyers, the Catho- McCarthyism to take place? Why are on the bench, or that there may be peo- lic League for Religious and Civil they allowing this to go on? The dema- ple of deeply held religious views who Rights, and the U.S. Catholic Con- goguery, divisive and partisan politics are unwilling to admit, because I think ference, among other organizations. being so cynically used by supporters of some of the stereotypes around here, How dare Republicans come to this of the President’s most extreme judi- they can do a great job on the bench in floor and claim that Democrats oppose cial nominees needs to stop. spite of their religious views. Catholics or others active in their These smears are lies, and like all In this particular case, this man is a church when the public records of the lies they depend on the silence of oth- very religious man who has made it 197 nominees confirmed absolutely re- ers to live, and to gain root. It is time more than clear that he will abide by fute these false and hurtful claims. for the silence to end. The administra- the law even when he differs with it. I stand against the religious McCar- tion has to accept responsibility for This is a trial judge position. This is thyism being used by some Republicans the smear campaign; the process starts not the Supreme Court. But it is an im- to smear Senators who dare to vote with the President. We would not see portant position, and I compliment my against this President’s most extreme this stark divisiveness if the President colleagues on both sides for scruti- nominees for lifetime positions on the would seek to unite, instead of to di- nizing all of these judgeships. But if federal courts. We should come to- vide, the American people and the Sen- they scrutinize fairly this man’s record gether to condemn their injection of ate with his choices for the Federal and what he has done, his reputation, religious smears into the judicial nom- courts. his ability in the law, and his honesty ination process. Partisan political And those senators who actively join and decency, then they are going to groups have used religious intolerance in this kind of a religion smear; they have to vote for him. If my colleagues and bigotry to raise money and to pun- may do it to chill debate on whether do not do that, then I suppose they can ish and broadcast dishonest ads that Mr. Holmes can be a fair and impartial vote against him. If they do so, they falsely accuse Democratic Senators of judge, but they do far more. They hurt the whole country. They hurt Chris- really have not looked at the record, being anti-Catholic. I cannot think of tians and non-Christians. They hurt be- have not been fair, and they have al- anything in my 29 years in the Senate lievers and non-believers. They hurt all lowed buzz issues that have long since that has angered me or upset me so of us, because the Constitution re- been answered to take a precedent po- much as this. Earlier this session I requires judges to apply the law, not call emerging from mass to learn that sition in the arguments that should not their political views, and instead they be permitted. one of these advocates had been on C– try to subvert the Constitution. And Mr. LEAHY. Mr. President. I began SPAN at the same time that morning remember, all of us, no matter what this day calling for bipartisanship and to brand me an anti-Christian bigot. our faith—and I am proud of mine—no civility in this Chamber. It seems that As an American of Irish and Italian matter what our faith, we are able to call has fallen on deaf ears with Repub- heritage, I remember my parents talk- practice it, or none if we want, because licans renewing their baseless charges ing about days I thought were long of the Constitution. All of us ought to that Democrats are anti-Catholic. past, when Irish Catholics were greeted understand that the Constitution is with signs that told them they did not Some Republicans keep recycling these there to protect us, and it is the pro- reckless charges even though they are need apply for jobs. Italians were told tection of the Constitution that has false. They do so in order to play wedge that Americans did not want them or seen this country evolve into a toler- politics, the type of dirty politics pre- their religious ways. This is what my ant country. And those who would try ferred by the President’s strategist parents saw, and a time that they lived to put it back, for short-term political Karl Rove. I have called on the White to see as long passed. And my parents, gains, subvert the Constitution, and House to disavow these charges of reli- rest their souls, though this time was they damage the country. gious bigotry. After all, President Bush long past, because it was a horrible These baseless and outrageous claims ran for office claiming that he would part of U.S. history, and it mocks the harken back to dark days in our na- change the tone in Washington and ‘‘be pain—the smears we see today mock tion’s history. I was just a young man a uniter, not a divider.’’ His repeated the pain and injustice of what so many growing up in Montpelier, VT when actions to the contrary speak louder American Catholics went through at Senator Joseph McCarthy rose to than his words. I have called on the Re- that time. These partisan hate groups power and ignomy as one of our coun- publican administration to disavow rekindle that divisiveness by digging try’s worst demagogues through his these anti-Catholic claims. Everyone up past intolerances and breathing life spectacular brand of the politics of de- knows that the President’s father’s into that shameful history, and they do struction. Senator McCarthy first counsel is pushing these false and par- it for short-term political gains. To claimed to a Republican Party club in tisan charges against Democrats. The raise the specter of religious intoler- West Virginia that he had a list of 205 White House has not stopped these ance in order to try to turn our inde- known communists in the State De- charges. Its allies continue to throw pendent federal courts into an arm of partment. The next day, in Salt Lake this mud. It is beneath the dignity of the Republican party is an outrage. City, he claimed he had a list of 57 this body. They want to subvert the very con- ‘‘card-carrying communists’’ at the Anyone who reviewed the public sub- stitutional process designed to protect State Department. At other times he missions of the 197 judicial nominees of all Americans from prejudice and in- claimed there were 81. You see, the President Bush we have confirmed justice. It is shocking that they would facts do not really matter to would see that many of these nominees cavalierly destroy the independence of McCarthyists—so long as the claim is have been active volunteers in their our federal courts. spectacular and causes voters alarm. communities, including their parishes It is sad, and it is an affront to the I think many Americans believed be- and other faith-based organizations. Senate as well as to so many, when we cause they could not imagine why For example, the judges we have con- see senators sit silent when they are someone would make such false allega- firmed have been active members of invited to disavow these abuses. Where tions and smear the reputations of in- their Diocesan Parish Council, the are the fair-mined Republican Sen- nocent people. That is the advantage of Friends of Cardinal Munich Seminary, ators? Where are the voices of reason of the demagogue, but we must be ever the Altar and Rosary Society, the moderate Members of this body? Do vigilant that such a lie does not be- Knights of Columbus, the Archdiocese they agree with this wedge campaign come the truth through the alchemy of Catholic Foundation, Catholic Char- by the more extreme elements in the repetition. ities, the Archbishop’s Community Re- Republican party to cause further di- Shortly afterward his remarks in lief Fund, the Catholic Metropolitan vide in our nation along religious Utah, Senator McCarthy came to the School Board, Serra Club, their Parish lines? What has silenced these Senators floor of the Senate, this floor, and as- and Pastoral Councils, the Homebound who otherwise have taken moderate serted that he had dossiers on federal

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.048 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7547 employees who were un-American, ator McCarthy’s political agenda in- intolerance of the views of others is changing descriptions as he read them. volved sowing division and fear among manifest in numerous statements he For example where one person was de- people of different faiths—Jews, has made. His insensitivity to rights of scribed as ‘‘liberal’’ on paper, Senator Protestants, and Catholics. After in- others is also apparent, no matter how McCarthy substituted the infammatory stilling fear in Jewish Americans, polite a person he may be. ‘‘communistically inclined.’’ That McCarthyists ‘‘charged the Protestant His statements against efforts to im- year, in 1950, a Senate Committee in- ministry with being, in effect, the cen- plement the Supreme Court’s decision vestigating Senator McCarthy’s ter of Communist influence in this in Brown v. Board of Education, his op- charges issued a report, known as the country.’’ As Senator Flanders ob- position to Federal law intended to re- Tydings Committee Report after Mary- served, ‘‘the ghost of religious intoler- store basic civil rights rules that had land Senator Millard Tydings who ance was not laid’’ by the departure of been modified by conservative activist chaired the subcommittee looking into a few close allies of Senator McCarthy judges, his denigration of political the lies that were being spread. A crit- who had been rebuked for attacking a rights for African Americans, his ac- ical piece of that report from 1950 has majority faith in this country. As Sen- tive work to limit people exercising relevance today, more than 50 years ator Flanders noted, ‘‘Clearer and their right to vote or to have their vote later so I would like to quote a para- clearer evidence of the danger of set- counted, and his screeds against wom- graph in full: ting church against church, Catholic en’s rights are just too much to over- At a time when American blood is again against Protestant. . . . [Senator look. The President has marked the an- being shed to preserve our dream of freedom, McCarthy’s] success in dividing his niversary of the landmark Civil Rights we are constrained fearlessly and frankly to country and his church’’ was paralleled Act of 1964 with public speeches while call the charges, and the methods employed only by his divisiveness to the Repub- below the radar screen he has put for- to give them ostensible validity, what they lican party. ward nominee after nominee with truly are: A fraud and a hoax perpetrated on Later that summer, Senator Flanders records of hostility toward civil rights, the Senate of the United States and the offered resolution of censure con- toward women’s rights, toward envi- American people. They represent perhaps the most nefarious campaign of half-truths and demning the conduct of Senator ronmental protections, and toward untruth in the history of the Republic. For McCarthy, who had smeared so many human rights. This President knows the first time in our history, we have seen innocent people with his false claims what he is looking for in the legacy he the totalitarian technique of the ‘‘big lie’’ and treated some of his colleagues in wants to leave with the lifetime ap- employed on a sustained basis. The result this body with contempt in his zeal. He pointees he has put forward. He has has been to confuse and divide the American noted Senator McCarthy’s penchant for nominated more people active in the people at a time when they should be strong breaking rules, ‘‘The Senator [McCar- Federalist Society, such as Leon in their unity, to a degree far beyond the thy] can break rules faster than we can Holmes, than African Americans, hopes of the Communists whose stock in trade is confusion and division. In such a dis- make them.’’ When the Senate consid- Latinos or Asians combined. He is illusioning setting, we appreciate as never ered the matter, it censured Senator more committed to ideological purity before our Bill of Rights, a free press, and McCarthy, and rightly so. than to diversity or full enforcement of the heritage of freedom that has made this History properly condemns him and civil rights. Nation great. his cohorts, even though it has become President Bush has claimed that he This quote is from the Report of the fashionable for right-wing extremists wants judges who will interpret the law Committee on Foreign Relations pur- such as Ann Coulter to attempt to re- and not make the law, but in the after- suant to S. Res. 231, a resolution to in- write history and call him a brave hero math of the administration’s re-inter- vestigate whether there are employees who saved America. The fact is that pretation of the laws against torture in the State Department disloyal to our Nation and Constitution are lucky that assurance is meaningless. Just the United States, dated July 20, 1950. to have survived his divisive, destruc- look at the torture memo written by The Tydings Report also noted that tive and manipulative tactics which Jay Bybee, who was confirmed for a ‘‘few people, cognizant of the truth in were then and remain, the words of lifetime seat on the Ninth Circuit after even an elementary way, have, in the Senator Flanders, a blot on the reputa- stonewalling the Senate on his legal absence of political partisanship, tion of the Senate. He was a ruthless work and views. It is not fair to the placed any credence in the hit-and-run political opportunist who exploited his American people that this President’s tactics of Senator McCarthy.’’ Simi- position of power in the Senate to judicial nominees be given the benefit larly, the Report sagely observed that smear hundreds of innocent people and of the doubt. Here, in Leon Holmes, we ‘‘the oft-repeated and natural reaction win headlines and followers with his have a nominee whose views are well of many good people . . . goes some- false assertions and innuendo, without known. There is little doubt what kind thing like this—‘Well there must be regard to facts, evidence, rules and of activist judge he was chosen to be something to the charges, or a United human decency. and will be if confirmed. States Senator would never have made Senator Flanders of Vermont stood Senator HATCH has claimed that ask- them!’ The simple truth now is appar- up and fearlessly condemned what Jo- ing about whether a nominee will fol- ent that a conclusion based on this seph McCarthy was doing. And it low Supreme Court precedent on pri- premise, while normally true, is here stopped. I hope some will stand up and vacy and choice is out of bounds be- erroneous. . . .’’ Unfortunately, we face condemn these McCarthyist charges of cause in his view ‘‘the great majority a similar situation today. anti-Catholic bigotry leveled at Catho- of people who are pro-life come to their It was not until 1954 that Senator lics and others who are members of he positions as a result of their religious McCarthy’s deceitful campaign earned Senate Judiciary Committee and Mem- convictions. We hold this view as a re- the censure of the full Senate for con- bers of this Senate. ligious tenet, and this is part and par- duct unbecoming a Member of the Sen- The reality is that not one of the cel of who we are.’’ Under Senator ate. I do remember that year when one Democratic Senators in Committee HATCH’s view that it is improper to ask of the greatest Senators of Vermont, who voted against Mr. Holmes did so judicial nominees about their view of Ralph Flanders, stood up on this floor, because he is Catholic. Half of the legal issues that may also relate some- even though he was a Republican, sort Democratic Members of the Judiciary how to a religious position. I ask, how- of the quintessential Republican and Committee are Catholic. We would not ever, would it be wrong for the Senate condemned the tactics of Joe McCarthy vote for him or vote against him be- to ask a nominee for a lifetime posi- on several occasions. cause of his religious affiliation. What tion for their views on racial discrimi- For example, on June 1, 1954, Senator we cared about was Mr. Holmes long nation? Of course that would be absurd Flanders renewed his deep concerns history of statements that he himself and an abdication of our responsibility about the allegations of Senator admits have been inflammatory and to serve as a check on the nominees McCarthy and made some observations unfortunate. Among the many con- put forward by this or any President. that are particularly relevant, unfortu- cerns are his statements that the Con- As Senator DURBIN has mentioned nately, to the recnt religious smear of stitution, our Constitution, is not based on the tragic shootings insti- Republicans in 2003. He noted how Sen- meant for people of different views. His gated by the racist World Church of the

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.004 S06PT1 S7548 CONGRESSIONAL RECORD — SENATE July 6, 2004 Creator in Illinois, it would be irre- life leader in Louisiana, and Joe With the exception of two instances sponsible for the Senate in its advice- Heaton, a pro-life former Oklahoma where he served as a special judge on and-consent role to ignore, for exam- legislator. The public record shows the Arkansas Supreme Court, he has no ple, questions of racial discrimination that it is obviously false to claim that judicial experience. But that is not my if those views can be cloaked in reli- Democrats have employed a pro-choice main objection. My main objection is gious garb. or anti-Catholic litmus test in voting over the past 24 years he has put for- The Senate has considered the views on judicial nominees. ward in word and writing philosophies of nominees since the beginning of our Why anyone would tell such lies, that are far from U.S. mainstream Nation, when Justice John Rutledge’s claiming that Democrats are anti- opinion on a whole series of subjects, nomination to be Chief Justice of the Catholic or anti-pro-life, and sow such from women’s rights, to choice, to Supreme Court was rejected for a seeds of division and hate. Why, as Sen- race, and to the separation of church speech he gave expressing his views on ator Tydings asked in regard to McCar- and state. These statements make him a treaty. To assert suddenly that al- thy, why would anyone on the floor of a very troubling nominee, and I have though President Bush and his advisors the Senate or in a committee or in a never—again, never—before voted ‘‘no’’ can consider a judicial candidate’s hallway press conference in the Capitol on a nominee to the district court. views, such as on race or choice, the or anywhere make such charges if This is my first ‘‘no’’ vote in the 12 Senate is forbidden from doing so is a there were not something to them? years I have been on the Judiciary terrible manipulation of the process. Conservative columnist Byron York Committee. The Constitution gives the Senate an noted that Republicans are working Let me give you a few examples. Let equal role in the decision about who closely with some organizations to me take a subject, women’s rights. serves on the Federal courts, not a press the debate: ‘‘ ‘The issue is playing Seven years ago—it is not too long lesser rule and certainly not that of a very well in the Catholic press and in ago—seven years ago he wrote: rubber stamp. With these religious as- Catholic e-mail alerts,’ the [unnamed] Republican says. ‘You tap into an en- ‘‘The wife is to subordinate herself to her sertions, Republicans may think that husband,’’ and that ‘‘the woman is to place they have found a loophole to avoid tire community that has its own press, herself under the authority of the man.’’ its own e-mail systems, and that has public questions to and answers by This belief, if sustained, clearly their hand-picked judicial nominees been tenderized by anti-Catholicism, which they consider to be the last per- places this nominee in a place apart. about their views that both Democrats But this is not merely my own view, it and Republicans actually consider to missible bias in America.’’’ This religious McCarthyism of Republican par- is the view of the equal protection be significant areas of law. Support for clause of the 14th Amendment of the protecting racial discrimination should tisans is bad for the Senate. It is bad for the courts. And it is bad for the Constitution, which I would hope any be allowed no loophole from scrutiny. Federal judge would uphold. A nominee’s beliefs and views about country. It is also the view of numerous Fed- constitutional rights should not be hid- Mr. President, I suggest the absence eral civil rights laws, including the den from public view until after a of a quorum and ask that the time be Civil Rights Act of 1964, for which the nominee is confirmed to a lifetime seat divided equally. The PRESIDING OFFICER. Without Nation celebrated its 40th anniversary on the bench. The truth is that Mr. Holmes’ affili- objection, it is so ordered. The clerk on July 2. How can I or any other ation with the Catholic Church neither will call the roll. American believe that one who truly The legislative clerk proceeded to disqualifies him nor qualifies him for believes a woman is subordinate to her call the roll. spouse can interpret the Constitution the Federal bench. And this is how it Mrs. FEINSTEIN. Mr. President, I should be, how it must be, under our fairly? When women are parties to ask unanimous consent the order for claims of job discrimination, sexual Constitution. Mr. Holmes’ record is the quorum call be rescinded. what causes grave concerns. He has harassment, domestic violence, and a The PRESIDING OFFICER. Without host of other issues involving the role been active and outspoken with rigid objection, it is so ordered. and radical views about the meaning of of women in society, how can I be as- Mrs. FEINSTEIN. Mr. President, I sured they can get a fair hearing from the Constitution, the role of the Fed- come to the floor to share my views on eral Government, equality rights and Leon Holmes? What will a plaintiff this nominee to the Federal district think when she finds out the judge other liberties. court. I heard our distinguished chair- Republicans have falsely claimed hearing her case thinks women should man, a man who I greatly respect and subordinate themselves to men? that Democrats have an anti-Catholic admire, mention he was recommended That is a fairly crisp view. It is a bias because we oppose the nomination as well qualified by the American Bar view I have not seen presented, cer- of Leon Holmes for a lifetime job as a Association, and that he in fact could tainly in the last 20 years, in any seri- Federal judge. The opposition to Mr. distance himself from his personal be- ous way. Holmes is not based on his religious af- liefs; that he is a deeply religious man, Let’s take a woman’s right to choose. filiation. No matter his faith, Mr. and the chairman believed he would be Holmes’ record does not demonstrate able to truly distance himself. Again and again over decades, Mr. that he will be fair to all people on I have a very hard time believing Holmes has made comments that show most legal issues that affect the rights that. If I look at his personal beliefs, he is solidly opposed to a woman’s of all Americans. Mr. Holmes’ religious they are extraordinary and they are right to choose, even in the case of affiliation is irrelevant to these serious way out of line with the mainstream of rape. Let me give an example. matters of concern about whether he American thinking. I want to comment In a letter that he wrote to the Mo- would be a fair judge. He has no mean- a little bit about them. They are not line Daily Dispatch—this is a letter he ingful judicial experience that would only outside the mainstream of Amer- writes to a newspaper—Mr. Holmes demonstrate his ability to set aside his ican thinking, but they are outside the called rape victims who become preg- views and apply the law fairly. To sug- mainstream of American judicial nant ‘‘trivialities.’’ gest otherwise is low and base. thought as well. How is a rape victim ever a triv- It is also untrue to claim that Demo- Mr. Holmes has no real judicial expe- iality? crats have a pro-choice litmus test. rience. That is what makes it difficult, He wrote in that same letter that Many of the 197 judicial nominees of because there is no way we know ‘‘concern for rape victims is a red her- President Bush have been active in pro- whether he can distance himself from ring because conceptions from rape life issues or organizations according many of the comments he has made occur with approximately the same fre- to the public record, and most have over many years. He is a native of Ar- quency as snowfall in Miami.’’ been confirmed unanimously, such as kansas. He is a practicing lawyer at a That might be a cute phrase but, in Ron Clark, a pro-life former Texas law firm. He has done some teaching at fact, it is grossly incorrect. Snow falls State legislator, Ralph Erickson, who the University of Arkansas and at the in Miami about once every 100 years, was active in pro-life groups in North Thomas Aquinas College in my State: but, according to the American Jour- Dakota, Kurt Englehardt, a former pro- California. nal of Obstetrics and Gynecology, each

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.006 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7549 year in America over 30,000 women be- of people. It is extraordinary language. can we be sure he will separate his come pregnant as a result of rape or in- It certainly is not a line of thinking faith from the law? How will the par- cest. This is hardly a trivial matter. with which I can agree. These are all ties before him know he is basing his Mr. Holmes’ letter wasn’t a one-time areas where the Federal courts play a rulings on the U.S. Constitution rather comment. I can excuse a lot of one- vital role. than on his spiritual faith? time comments. I understand how they He has also made some shocking This is not a statement on belief. I happen. I understand how they can be statements about race in America. Spe- respect Mr. Holmes’ right to his own taken out of context. But he has also cifically, in a 1981 article, he wrote for faith, and I generally believe that a been an opponent of a woman’s right to a journal called Christianity Today strong and abiding faith is a positive, choose for decades. Other comments he about Booker T. Washington. This is not a negative, factor in reviewing an has made on the very sensitive issue of what he wrote: individual for public service. But here, abortion are equally insensitive. For He taught that God had placed the Negro where a nominee has himself said that example, he said: in America so it could teach the white race faith must trump the law, it would be I think the abortion issue is the simplest by example what it means to be Christlike. troubling at best to grant that nomi- issue this country has faced since slavery Moreover, he believed that God could use the nee a lifetime seat on a Federal bench was made unconstitutional, and it deserves Negroes’ situation to uplift the white race where law must trump all else, if our the same response. spiritually. system of justice is to work. In other words, end it. It is a very Mr. Holmes first wrote those words 23 Mr. Holmes’ disconcerting views precise point of view. years ago. But he still stands by them. about the Constitution go beyond what Mr. Holmes has stated: In April of last year, Leon Holmes he thinks about a particular area of The pro-abortionists counsel us to respond wrote to Senator LINCOLN: law. He has expressed support for the to these problems by abandoning what little My article combines [Washington’s] view concept of natural law, which holds morality our society still recognizes. This of providence—that God brings good out of there are laws that trump the law of was attempted by one highly sophisticated, evil—with his view that we are all called to the Constitution. historically Christian nation in our history— love one another. This teaching can be criti- Natural law, simply put, holds that Nazi Germany. cized only if it is misunderstood. the Constitution is not the supreme In a 1987 article written to the Ar- Are these the words of a man who law of the land. Rather, those who be- kansas Democrat, Mr. Holmes wrote: should be confirmed to interpret the lieve in natural law would subordinate [T]he basic purpose of government is to equal protection clause of our Con- the Constitution to some higher law. prevent the killing of innocent people, so the stitution without prejudice, to inter- This concept is starkly at odds with government has an obligation to stop abor- pret the due process clause, to inter- the role of a Federal judge, who must tion. pret Federal civil rights statutes? swear to uphold the Constitution. But Seven years later, in a 1995 interview, In my view, Mr. Holmes’ statements Mr. Holmes says that natural law with the Arkansas Democrat Gazette, also indicate that he can’t separate his trumps, as I understand it, the Con- Mr. Holmes stated: own religious views from the Federal stitution which he takes an oath to up- I would like to appear before the Supreme law he will be charged with inter- hold. Court of the United States, and I would like preting. This is a trait that is particu- In an article three years ago, in 2001, to have argued Roe v. Wade. larly dangerous, given the strong views he wrote: In response to Senator DURBIN’s writ- he has taken. [T]he Constitution was intended to reflect ten question asking what Supreme On religion, in a speech he delivered the principles of natural law. Court cases Mr. Holmes disagrees with, 2 years ago in Anne Arbor, MI, he stat- In response to a written question he answered: Dred Scott v. Sanford, ed: from Senator DURBIN, Mr. Holmes Buck v. Bell, and Roe v. Wade. Christianity, unlike the pagan religions, wrote: Dred Scott held that blacks were not transcends the political order. [M]y view of natural rights derives from people under the Constitution. As you That is really food for thought. the Declaration of Independence. know, Buck v. Bell held that a woman He continues: Now the Declaration of Independ- could be sterilized against her will. Christianity, in principle, cannot accept ence, which all Americans joyfully Those cases were abominations. subordination to the political authorities, celebrated this past weekend, is the To include Roe v. Wade with these for the end to which it directs men is higher source of our Nation’s liberation. The two decisions clearly indicates that he than the end of the political order; the Constitution is the source of our Gov- holds Roe as a decision to be abolished. source of its authority is higher than the po- ernment and our laws. So they are sep- This is simply not a mainstream per- litical authority. arate and distinct from one another. spective. I guess one could say that all depends This is a critical distinction, and I am These comments don’t sound as if on what he means by the political not sure Mr. Holmes appreciates that. they come from a man with an open order. The political order produces the If he reads natural law into the Con- mind about a most sensitive issue. law and the court interprets the law. stitution, then he is not reading the Rather, they sound as if they come If he is saying the political order same Constitution as the rest of Amer- from a man with an agenda to elimi- which produces the law is subservient ica. nate the constitutional rights of Amer- to Christianity, how can we feel this is There is one final issue I would like ican women to choose. going to be an open-minded judge? to address. At the end of last month, on That is a problem for me because I He also stated in the same speech June 24, we confirmed six judges in a don’t believe someone who has these that he was ‘‘left with some unease single day. Since the accommodation views can fairly hand out justice. I about this notion that Christianity and of the White House, the Senate has don’t believe such a person should be a the political order should be assigned confirmed 24 of the 25 judges to which Federal judge for the rest of his life. to separate spheres, in part because it we agreed to proceed to floor votes. We Mr. Holmes is not merely opposed to seems unavoidably ambiguous.’’ have confirmed 28 nominations this a woman’s constitutionally protected I have no desire to cause Mr. Holmes year alone, including 5 circuit court right to choose. He has also lashed out any additional ‘‘unease.’’ But if he is nominations. And the Senate has con- at contraception, against women gen- confirmed today, that is what he will firmed 197 judges since President Bush erally, and against the rights of gays have, whenever a question about the was elected as our President. and lesbians. He wrote in 1997: separation of church and state comes I have always maintained my own It is not coincidental that the feminist before him. The First Amendment in counsel when it comes to the confirma- movement brought with it artificial contra- reality is not ‘‘ambiguous.’’ It clearly tion of judicial nominees. I do not use ception and abortion on demand, with rec- states that there shall be ‘‘no law re- my blue slip. I do not make a decision ognition of homosexual liaisons soon to fol- specting an establishment of religion.’’ until after the individual has a hearing low. My concerns go further than First and generally until after he or she has That is emotion-laden language. It is Amendment cases. If Mr. Holmes be- answered the written questions. I have offensive to a whole host of a number comes a U.S. district court judge, how always tried to see the potential for

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.050 S06PT1 S7550 CONGRESSIONAL RECORD — SENATE July 6, 2004 good in the nominees who come to us. ments in each individual area, as I Dr. Holmes is a gifted man and a ca- When the President nominates a person have said, are startling. Taken to- pable attorney. He has had a strong ca- to the Senate, it is my feeling we gether, he has given us more than reer and demonstrated commitment to should do everything we can to respect enough reason to fear he will continue his community. His rich spiritual con- the President’s choices, while still tak- to make radical statements when his viction and work ethic are traits for ing with the utmost seriousness our words have the force of law. And that which he is commended. I have listened own constitutional obligation to advise is a risk I, for one, do not want to take. to Dr. Holmes’ supporters. I read state- and consent. So I urge my colleagues today to join ments in support of his candidacy pre- To that end, as I said before, I have me in opposing this confirmation and sented by the Department of Justice. I never before opposed a nominee to a voting no. It will be my first one in 12 know his distinguished career. I have U.S. district court. I have also sup- years. read carefully his writings and public ported nominees to the Court of Fed- I yield the floor. statements, including those for which eral Claims—Susan Braden, Charles Mr. SESSIONS. Mr. President, I be- he has subsequently clarified or apolo- Lettow, and Victor Wolski—whom lieve the Senator from New Mexico is gized. I met Dr. Holmes to talk about other Democrats opposed. to be next. his nomination. Even at the level of the U.S. Court of Mr. DOMENICI. Mr. President, I in- Mr. President, we have made mis- Appeals, I have supported nominees quire, how much time does the Senator takes like this in the past. Last month whom others have opposed. I supported have remaining on the subject matter a judge on the Second U.S. Circuit the nomination of Jeffrey Sutton to at hand? Court of Appeals, a judge who was con- the Sixth Circuit, and I was the only The PRESIDING OFFICER. The Sen- firmed unanimously by the Senate in 1 Democrat on the Judiciary Committee ator from Alabama has 83 ⁄2 minutes, 1994 with my vote, made a disturbing to do so. I supported the nomination of almost 84 minutes, under his control; public speech. In it, he compared Presi- 1 John Roberts to the DC Circuit, even and the opposition has about 31 ⁄2 min- dent Bush’s election in 2000 to the rise though three Democrats on the Judici- utes. of power of Mussolini. The judge has, of Mr. DOMENICI. Mr. President, I ask ary Committee opposed him. I sup- course, apologized. We have all made the Senator if he will yield me up to 10 ported the nomination of Deborah remarks we wish we had not made. But Cook, also to the Sixth Circuit, when minutes. Mr. SESSIONS. Mr. President, I am in this case, coming from a judge, the many of my colleagues voted against delighted to yield the Senator from blatant partisanship and political bias her. revealed by this remark, reduced the In all of these instances, I had con- New Mexico up to 10 minutes. The PRESIDING OFFICER. The Sen- value of the subsequent apology. Now, fidence the nominees would interpret ator from New Mexico. it is a fair question, if a Republican- the Constitution and the Nation’s laws Mr. DOMENICI. Mr. President, I ask oriented litigant comes to the Second fairly and without bias. And that is all unanimous consent that I be permitted Circuit, can he or she be assured of an I ask. I would expect these nominees to to speak for 10 minutes as in morning impartial justice by that judge? be conservative, and that is not a prob- business. In 1980, Leon Holmes wrote: lem, as long as their views are not con- The PRESIDING OFFICER. Without The concern for rape victims is a red her- trary to what a majority of Americans objection, it is so ordered. ring because conceptions from rape occur believe and the judicial thinking of a (The remarks of Mr. DOMENICI are with approximately the same frequency as snowfall in Miami. majority of mainstream judges. But I printed in today’s RECORD under do not feel that way about Mr. Holmes. ‘‘Morning Business.’’) I differ with him absolutely on this I have no doubt he is a man of deep The PRESIDING OFFICER (Mr. issue. and sincere beliefs, and in this great CHAFEE). The Senator from Texas. If one rape victim is pregnant, she Nation he is entitled to those beliefs. I Mrs. HUTCHISON. Mr. President, I deserves protections and rights. She is commend him for his faith. But how yield myself up to 10 minutes off the a victim our society must acknowl- can I entrust protection of separation side of Senator LEAHY. edge. What of the 14-year-old pregnant of church and state, protection of the The PRESIDING OFFICER. Without girl—a victim of incest from her fa- civil rights laws, protection of a wom- objection, it is so ordered. ther? Should she be cast aside as incon- an’s right to choose—all of the major Mrs. HUTCHISON. Mr. President, I sequential? If you talk to any person values which come before a Federal rise to discuss Leon Holmes’ nomina- who has served on a grand jury, in any court judge—with the comments he has tion to the bench of the U.S. District urban area of our country, they have made? Because these comments are Court for the Eastern District of Ar- seen such a case. It happens. Thou- robustly extraordinary. I would never kansas. Article II, section 2 of the Con- sands of rape victims in our country dream of these comments being made stitution imposes profound responsi- become pregnant every year. The Hous- by someone who aspires to be on a Fed- bility on the U.S. Senate to advise and ton Chronicle recently reported that eral court of law. And if you have no consent on appointments of individuals the American Journal of Preventive judicial experience by which to evalu- to lifetime positions. Medicine estimates 25,000 rape-related ate whether he can in fact separate I rarely voted against a judicial pregnancies occur annually. Are these himself from his views, it is a very dif- nominee or even opposed one under victims to be ignored by our laws and ficult nomination to swallow. President Clinton. I have never opposed society? As a woman, how can I possibly vote one under President Bush. On the rare To his credit, Dr. Holmes has ac- for someone to go on to a Federal dis- occasion when I did oppose a judicial knowledged that these comments were trict court who believes women should candidate, it was because a nominee insensitive, but in conjunction with his be subordinate to men, when that judge had failed to show proper judicial tem- other writings, that isn’t enough for a is going to have to look at employment perament, or if questions about judicial lifetime appointment to a federal discrimination, sexual harassment philosophy arose, and there was no ju- judgeship. cases, who in the modern day and age, dicial record on which to base a vote of My vote will not be in any way reas a practical tenet of public thinking, confidence. lated to his views on abortion or his believes—and believes strongly enough I take very seriously the responsi- personal religious beliefs. It is based on to write about it and say it to the bility of confirming an individual for a his body of statements over a 25-year world—that women should be subordi- lifetime appointment. These Federal period that lead me to conclude he does nate to men and a wife should be subor- judges do not answer to anyone after not have a fundamental commitment dinate to her husband, and expect any they take office. So when someone’s to the total equality of women in our woman who comes before that judge is views raise a question or concern and society. going to have fair and even treatment? there is no record as a judge to show he I have supported all of President For over 20 years, Mr. Holmes has or she can set personal views aside, I Bush’s previous nominees. In each in- been making extremist statements on believe caution is warranted. For my stance, if there has been a controversy, women, on race, on abortion, on the vote, such is the case with Leon I have tried to make an independent role of religion in society. His state- Holmes. judgment without employing a litmus

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.052 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7551 test, and without employing my own his religious faith, that is not the test gree, helped them become partners in discrimination based on the nominee’s we have here. The question is, Will his his firm. He has a wonderful wife who personal practices or ideologies. In personal religious beliefs he may ad- respects him and defended him in a real each case, I felt the candidate met the here to strongly interfere with his abil- hot letter in response to the criticism requirements. But I have a constitu- ity to be a good judge? of the article that she and Judge tional role that I must, in good con- He and his wife wrote a letter to a Holmes wrote. I think we ought to look science, uphold as I see it. I believe in church in a church newspaper to dis- at that. the overwhelming majority of cases, cuss how they have ordered their mar- We have confirmed people to the the President should be granted his ap- riage, and they have ordered it in the bench that have made big mistakes in pointments to the bench. The role classical terms of Christianity. As a my judgement—we have confirmed peo- given to the Senate was to allow all matter of fact, I think the Baptist ple to the bench that have used drugs, possible information about a nominee Church recently affirmed a similar po- yet, we are now debating keeping this to come forward to assure that a per- sition in their denomination. It is the man off the bench for his religious son is fit. Personally, I doubt that the second largest denomination in the writings. Would Mr. Holmes be in a writings of this nominee were known U.S.—second to the Catholic Church. better position with members of this to the Administration when the ap- That is not an extreme view. Whether body if he had smoked dope instead of pointment was made. But since his you agree with it, it is scriptural, it is written religious articles? That should statements have come to the attention Christian doctrine. He defended and ex- not be so. of the Senate, we must use our judg- plained and wrote about that. Let’s look at his basic background ment about the overall ability of this Isn’t it good that we have a nominee and reputation for excellence. Of nominee to give impartial justice in all for the Federal bench who is active in course, we know the two Democratic cases. his church, who thinks about the issues Senators from his home State of Ar- I conclude that I cannot provide my facing his country and writes about kansas support his nomination. So he consent for Leon Holmes. them and talks about them? That is a has home State support. I thank the Chair and I yield the healthy thing. The question is—and it We know the American Bar Associa- floor. is legitimate for those who are con- tion rated him their highest rating, The PRESIDING OFFICER. The Sen- cerned about those views—if they don’t ‘‘well-qualified.’’ ator from Alabama is recognized. agree with his view on abortion or on We know he is probably the finest ap- Mr. SESSIONS. Mr. President, I want how marriage is arranged, to inquire of pellate lawyer in the State of Arkan- to share some thoughts about the the nominee whether those views are sas. Holmes nomination. I feel very deeply so strong they would affect his or her We know the Arkansas Supreme about it. I respect so much my friend, opinions from the bench. That is the Court, when at various times they need the Senator from Texas, and her serv- test. If we get away from that, we have a lawyer to sit on that court, they have ice in this body. I will say that she and a problem. called him two or three times to sit on I have talked about it before. I think What is going to happen when we the court. we are missing something here. I urge have a Muslim who has been nominated He is one of the most respected law- her to reconsider the position she has here or an Orthodox Jew, or any other yers in the State of Arkansas. taken, although I know she has taken denomination that doesn’t agree with He was Phi Beta Kappa at Duke Uni- it carefully and I doubt that is likely. us on religious beliefs? Are we going to versity. I think he was No. 1 in his But I urge her and others to consider demand that they come before the Sen- class in law school. what we are doing here, about how we ate Judiciary Committee and renounce This is a man of integrity, of reli- vote on judges. their faith as a price to be paid before gious faith and conviction, who is ac- Let me just say that Americans and they can be a Federal judge? No, sir, tive in his church, who has reached out people around the world have various that is wrong. This is big-time stuff; to the poor all his life, tried to do the beliefs, and to some people different be- this is not a little iddy-biddy matter, right thing, and he is the one who liefs are viewed as strange. Those with Mr. President. We should not be in that comes up here and gets beaten up. religious beliefs may have different position. Yes, inquire if the person’s This is what his hometown news- views on some issues than those who views are so strongly held that they paper, the Arkansas Democrat Gazette, don’t have religious beliefs. There is would impair his ability to be a Fed- said. These are the kinds of comments quite a lot of that. We don’t all agree. eral judge. Yes, ask whether they are a from the people who know him: We have different views about whether good lawyer, or do they have a good What distinguishes Mr. Holmes is a rare there is a Trinity, or what do you reputation among the bar, or do people blend of qualities he brings to the law—intel- think about the virgin birth, and issues respect their integrity, do they have lect, scholarship, conviction, detachment, a reverence not just for the law but for ideas, of all kinds. We have a lot of dif- good judgment, do people like and ad- for the life of the mind. All of that would ferences of opinion. mire them. Ask those things. Ask shine through the clutter of argument that We have a view in this country that whether the person has lack of judg- awaits any judge. He would not only bring there cannot be a religious test for a ment. But don’t say: I don’t agree with distinction to the bench, but promise. In judge or any other position in Govern- your theology on marriage; I don’t choosing Leon Holmes, the President could ment. There cannot be a religious test agree with your church’s view on abor- bequeath a promise of greatness. that you can put on them, saying you tion; therefore, I am not going to vote I think that is high praise. That is a have to have a certain religion or cer- for you. That is a dangerous thing. It beautiful comment. I suggest that is tain belief before you can be an official should not be done. It is a mistake for something anyone would be proud to in this Government. No, that is not us to head down that direction. I can- have said about them. true. We should not do that. not emphasize that too much. He has practiced commercial litiga- I guess what I will first say—and I This is wrong. We should not do this. tion at the trial and appellate level in hope I can be clear about this—we dif- It is not the right way to evaluate Fed- State and Federal courts. He has ac- fer in our religious principles. It has eral judges. I understand when some- quired significant courtroom experi- been suggested that Mr. Holmes’ reli- body says: I just feel strongly about ence. He is currently a partner at gious principles are extreme. I say to this deal on marriage that he and his Quattlebaum, Grooms, Tull & Burrow you that his principles are consistent wife wrote. I feel, feel, feel. We need to in Little Rock. He was rated ‘‘well- with the Catholic Church’s principles. stop thinking like that and not be so qualified’’ by the ABA. What he has said in every writing I much worried about how we feel, and He knows the value of hard work. He have seen, and as I understand it, they we better think about the con- came from humble roots and is the are perfectly consistent—in fact, he de- sequences of our actions and our votes. only one of his seven siblings to attend fended classic Catholic doctrine. He de- This is a dangerous precedent. I re- college. He worked his way through fended classic Catholic doctrine. Re- spect Judge Holmes. He is a man who college, finished law school at night gardless of whether he had a personal has reached out to the poor, helped while working a full-time job to sup- view that was somewhat unusual about women lawyers to an extraordinary de- port his family.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.055 S06PT1 S7552 CONGRESSIONAL RECORD — SENATE July 6, 2004 He is an accomplished scholar. As I of dollars—I do not know. Who did they we think he does not like women. What said, he finished at the top of his class, choose out of the whole State of Ar- about him being a strong supporter of was inducted into Phi Beta Kappa kansas? Leon Holmes. What does that this woman being the first female part- while a doctoral student at Duke Uni- say? They put their money on him. ner at his law firm? versity. He was named outstanding po- Their case was put on his shoulders. Continuing to quote from the letter: litical science student upon graduation Look, he has given back to the com- . . . Leon treated me in an equitable and re- from the college. That is pretty good. munity. This is not a man who is self- spectful manner. I always have found him to Duke University is a pretty fine uni- ish as a practicing lawyer just to see be supportive of my career . . . Leon and I versity. how much money he can make. He was have different political views; however, I During the academic years of 1990 to a habeas counsel for death row inmate know him to be a fair and just person and 1992, he taught a variety of courses at Ricky Ray Rector, the mentally re- have complete trust in his ability to put Thomas Aquinas College in California. tarded man who was attempting to aside any personal or political views and avoid execution. It came before then- apply the law in a thoughtful and equitable He taught law at the University of Ar- manner. kansas during the year he clerked for Arkansas Governor Bill Clinton. He re- Justice Holt of the Arkansas Supreme fused at that time to commute the That is Jeanne Seewald in a letter to Court. One does not get selected to be death sentence. But Holmes helped pre- Chairman HATCH and Senators LEAHY a law clerk for a supreme court judge if pare the case for the evidentiary hear- and SCHUMER dated April 8 of last year one is not good. He displayed wide- ing in Federal court after habeas had when this issue came up. So this lady ranging academic interest. His doctoral already been filed. does not share his political views, or I dissertation discussed the political phi- Not many big-time civil lawyers give assume his views maybe on abortion or losophies of W.E.B. Debois and Booker their time to represent poor people, or other issues, but she knows he will be T. Washington. It analyzed the efforts mentally retarded people on death row. a fair and good judge. of Martin Luther King, Jr., and has Holmes represented a Laotian immi- Here is another letter: made efforts to reconcile their views. grant woman suffering from terminal Leon has trained me in the practice of law He has written substantial essays deal- liver disease when Medicaid refused to and now, as my partner, works with me on ing with the subjects of political phi- cover treatment for a liver transplant. several matters. His office has been next to losophy, law, and theology. He has Do my colleagues think he made a mine at the firm approximately two years. bunch of money off that case? He did it During that time, I worked with Leon as an been active in the bar in Arkansas. He expectant mother and now work with him as taught continuing legal education because he thought it was the right thing to do. He helps people who are a new mother. Leon’s daughters babysit my courses on numerous occasions. He has 11-month-old son. weak and do not have fair access to the been awarded the State bar’s best CLE I value Leon’s input, not only on work-re- award four times. He sits on the board courts. lated matters but also on personal matters. He represented a woman who lost of advisers of the Arkansas Bar Asso- I have sought him out for advice on a num- custody of her children to her ex-hus- ciation. He chaired the editorial board ber of issues. Although Leon and I do not al- band, who could not afford counsel on for the bar’s education for handling ap- ways see eye-to-eye, I respect him and trust appeal. He represented an indigent man his judgment. Above all, he is fair. peals in Arkansas. with a methamphetamine felony his- While working with Leon, I have observed That is pretty good. The Arkansas tory in connection with traffic mis- him interact with various people. He treats Bar does a publication on how to han- demeanors. all people, regardless of gender, station in dle appeals in Arkansas. He was chosen He has given back to his community life, or circumstance, with the same respect to chair the editorial board for that outside the law, also. He was a house and dignity. He has always been supportive publication. I submit to my colleagues parent for the Elan Home for Children of me in my law practice, as well as supportive of the other women in our firm. Gen- that his peers think he is a good law- while a graduate student in North yer. der has never been an issue in any decision Carolina. He served as director of the in the firm. He sits on the judicial nominations Florence Critten Home of Little Rock, That is a letter from Kristine Baker, committee for the Arkansas State helping young women cope with preg- April 8, to Senators HATCH, SCHUMER, courts which recommends attorneys to nancy. the Governor for judicial appointment He is partner with Philip Anderson, a and LEAHY. in supreme court cases where one or former president of the American Bar Another female attorney in Little more justices recuse themselves. He is Association who does not share Judge Rock, AR, Eileen Woods Harrison, one of a top handful of appellate law- Holmes’ views on a lot of issues politi- states: yers in Arkansas, and in 2001, the Ar- cally, but he strongly supports him as I am a life-long Democrat and also pro- kansas Bar Association bestowed its an excellent judge, as do a large num- choice. I commend Mr. Holmes to you. He is writing excellence award on Mr. ber of women. a brilliant man, a great lawyer and a fine Holmes. Let me read some of the people who person. On two occasions Leon Holmes has know him. This is what his history That was a letter sent to Senators been appointed to serve as a special Ar- shows. Some say, well, we do not know. HATCH, SCHUMER, and LEAHY. kansas Supreme Court judge, which is He has these religious beliefs. What do Another one states: a real honor for a practicing attorney. we know about him in practice? Will he I heartily recommend Mr. Holmes to you. The judges have praised his service in get on the bench and do all of these He is an outstanding lawyer and a fine per- those cases, and more than one has horrible things? It is not his record to son. While he and I differ dramatically on urged him to run for a seat on the Ar- do that kind of thing. the pro-choice, pro-life issue, I am fully con- kansas Supreme Court. So he is well Female colleagues from the Arkansas fident he will do his duty as the law and respected by the plaintiffs bar in Ar- bar who know him support him strong- facts of a given case require. kansas. ly. This is what one said: One more—well, let me ask right Mr. Holmes is currently defending on During my 7 years at Williams & Anderson, there, has there been any instance appeal the largest jury verdict ever I worked very close with Leon. We were in shown where he has failed to comply awarded in Arkansas history. It is the contact on a daily basis and handled many with the law in his practice, in any case of a nursing home resident who al- cases together. I toiled many long hours way shown disrespect to the court, or legedly died from neglect. He is rep- under stressful circumstances with Leon and in any way said a judge or a lawyer always found him to be respectful, courteous resenting the plaintiffs side on appeal. should not obey the law and follow the If you are a plaintiff lawyer and you and supportive. I was the first female associate to be named as a partner at Williams & law? No, and these letters say that. won in trial the largest civil judgment Anderson. Leon was a strong proponent of Beth Deere, in a letter dated March in Arkansas history, and it is on appeal my election to the partnership and, subse- 24, 2003, to Senators HATCH and LEAHY, and you want a lawyer to represent quently, encouraged and supported my ca- states: you, you want the best lawyer you can reer advancement, as well as the advance- I support Leon Holmes because he is not get, and you have the money to get ment of other women within the firm. only a bright legal mind, but also because he that lawyer, you have a verdict worth So they say, well, he and his wife is a good person who believes that our nation millions, probably hundreds of millions wrote this article quoting St. Paul and will be judged by the care it affords the least

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.057 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7553 and the littlest in our society. I am not trou- who affirm him so beautifully and so We have nothing but his personal be- bled that he is personally opposed to abor- strongly, say he is going to follow the liefs that are consistent with the faith tion. Mr. Holmes is shot through with integ- law. The American Bar Association, of his church. Some people don’t agree rity. He will, I believe, uphold and apply the law with the utmost care and diligence. which is pro-choice and to the left of with his views regarding his faith and America on a host of issues, gave him tell us that they are going to vote Well, I do not know what else can be their highest rating of well qualified. against him because of that. That is said. The only thing I can see is that The Arkansas Supreme Court has not a good idea; that is not a good prin- people do not like his views on abor- asked him to sit on their court at var- ciple for us in this body to follow. tion, they do not like the views on fam- ious times because they respected him. This is what his wife wrote. The first ily he and his wife have, and they are In 2001, he wrote the best legal writing thing I will just note in here, she said, holding him up for that. His views are in the State. ‘‘The article is a product of my’’—she not extreme. His views are consistent Some say they are worried because italicized ‘‘my’’—‘‘my Bible study over with the faith of his church, not only he has never been a judge. So he has many years of my marriage.’’ his church, but the majority of Chris- not sat on the bench before. I do not But it was a joint article. She says tendom. think that is a matter that disqualifies Now does that make someone un- this: qualified to be a Federal judge? Is the him. Most people who become judges I am incredulous that some apparently be- rule that no true believers in Catholic have not been a judge before on the dis- lieve my husband views men and women as doctrine need apply for a Federal trict bench. unequal when the article states explicitly So what do we do to assess how he that men and women are equal. The women judgeship? They say that is not it; they will act as a Judge? We talk to the law- who have worked with my husband, women say that they are not anti-Catholic. I family members, women friends, can all at- am not saying anybody is anti-Catho- yers, talk to the American Bar Asso- ciation, talk to other judges in the test to the fact that he treats men and lic. I am saying a lot of people do not women with equal respect and dignity. I can agree with the doctrine of a lot of State, and ask: What is this person attest to that in a special way as his wife. Christian churches and that should not like? They all say he is first rate. Both She noted this was an article from a affect how they vote on a nominee if Democratic Senators from Arkansas, Catholic couple to Catholic laypeople. the nominee is proven to be committed ‘‘It has no application to anyone who is to following the law. who know this man, known lawyers who know this man and are familiar not attempting to follow the Catholic It is all right, of course, for a person Christian faith.’’ She also notes that to have a religious faith; everybody with his reputation, support him. As one of our Members said earlier, Leon cooks his share of meals, washes says that. We would never discriminate the dishes, does laundry, and has against anybody who has religious in criticizing him, they asked: How can I vote for someone who believes women changed innumerable diapers, and she faith. But if their faith calls on them has worked many years outside the to actually believe something and they should be subordinated to men in this modern age? home, although right now she does not. have to make choices and those choices I would like to have printed in the are not popular or politically correct That is not the gist of the Pauline doctrine in Ephesians. Mrs. Holmes RECORD an article from the Mobile at a given time, but they adhere to Press-Register of the State of Ala- them because they believe in them, it wrote to tell us that she is not subordinate and she believes in equality and bama. It notes the similarity to the is part of the tenets of their faith and treatment given to Alabama’s attorney the church to which they belong—and I that their joint article did not mean anything other than that. general, Bill Pryor, when he was nomi- would note parenthetically no church nated to the Federal court of appeals, a spends more time studying carefully The Catholic Church does believe in ordination of only males. Some may man who also is a thoughtful, intel- the theology of its church and the doc- ligent, committed Christian Catholic. trines of its church than the Catholic disagree with that. I am a Methodist. We, I am pleased to say, ordain women. This is what the Mobile Press-Register church—if they are consistent with says: that church’s beliefs, they now no There are many women ministers in longer can be confirmed as a Federal our church. But I want to ask again, if The example of Bill Pryor should be illus- trative in the case of Leon Holmes as well. judge? a person agrees with the doctrine of his church, which has been discussed and When a nominee enjoys strong bipartisan It is all right if one goes along and support from the home-state folks who know does not ever do anything to actually considered by the finest theologians for him best, and from some of the top non-par- affirm aggressively the doctrine of hundreds of years, and he agrees with tisan legal officers in the country, that sup- their church. In other words, if one that, and we don’t agree with that, we port should weigh far more heavily than goes to mass and never says anything don’t think that is right, do we now should the out-of-context criticisms from about the question of abortion or fam- think we should vote against that per- ideological pressure groups whose fund-rais- ily or other issues outside of the son because we don’t agree with his re- ing prowess depends on how much havoc church doors, then they are all right, ligious beliefs? It is very dangerous to they wreak on the nomination process. but if someone actually writes an arti- do that. We should not do it. I know Attorney General Bill Pryor cle somewhere and says, I believe in I ask again, what about other de- was asked about his personal religious this, they risk being punished. Actu- nominations and other faiths that have views on issues such as abortion. He ally, in this case it was an article writ- different views from ours? We may find answered honestly and truthfully and ten from one Catholic couple to other them far more offensive than this. Are consistently with his faith, a faith that Catholics discussing in depth some of we going to refuse to vote for them? he studied carefully. People didn’t like the doctrines of the church and how Are we going to insist that those peo- it: Well, I don’t agree with you on abor- they believed in them. So the Holmes ple renounce the doctrines of the tion, they say. shared their thoughts within their church to which they belong as a price So what. We don’t have to agree on church family about how the church’s to be paid before they can become a abortion to support somebody for a views ought to be interpreted and ex- Federal judge? I hope not. I think we Federal judgeship. He affirmed and had pressed their personal views about how are making a mistake. demonstrated that he would follow any it ought to be, does that disqualify If there was something which would Supreme Court rulings and could dem- them from being a Federal judge? No. I show that Judge Holmes could not fol- onstrate as attorney general of Ala- think this is a bad policy. low the law, was not a first-rate attor- bama he followed those rulings. That The question should simply be this: ney, did not have the respect of his col- wasn’t enough for them. They weren’t Will he follow the law of the U.S. Su- leagues, did not have the respect of the satisfied. preme Court on abortion even if he American Bar Association, had women I ask unanimous consent this article does not agree with it? And the answer lawyers who thought he was a sexist dated July 5, 2004, be printed in the is, yes. He has already stated that un- and unfair in the treatment of them RECORD. equivocally. His record shows that. and they came forward and said so, OK, There being no objection, the mate- The lawyers who practice with him I might be convinced. But none of that rial was ordered to be printed in the who are pro-choice, women lawyers occurs here. That is not what we have. RECORD, as follows:

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.060 S06PT1 S7554 CONGRESSIONAL RECORD — SENATE July 6, 2004 [From al.com, July 5, 2004] he brings to the law—intellect, scholarship, United States. That is what it is all PRYOR’S EXAMPLE BEARS ON HOLMES conviction, and detachment.’’ about. That is what we need to adhere CONTROVERSY And so on and so forth: For every out-of- to here. If we move away from that context allegation against Mr. Holmes, there U.S. Senators considering how to vote is a perfectly good answer. idea, if we suggest we no longer believe Tuesday in a new judicial nomination battle or expect judges to follow the law and BIPARTISAN SUPPORT should reflect on a lesson provided by a deci- not to be politicians, we have under- Philip Anderson, a recent president of the sion just written by Judge William Pryor of mined law in this country to an ex- the 11th U.S. Circuit Court of Appeals. American Bar Association and a long-time Judge Pryor, of course, is the Mobile na- law partner of Leon Holmes, endorsed Mr. traordinary degree. The American peo- tive and former Alabama attorney general Holmes: ‘‘I believe that Leon Holmes is su- ple will not put up with it. whose own nomination to the bench was long perbly qualified for the position for which he The American people will accept rul- blocked by smear tactics employed against has been nominated. He is a scholar first, ings even if they don’t like them if him by liberal opponents. When Senate and he has had broad experience in federal they believe the court is following the Democrats used a questionable filibuster to court. He is a person of rock-solid integrity law, if they believe the court is hon- deny Mr. Pryor the ordinary lifelong term as and sterling character. He is compassionate estly declaring the Constitution. But if and even-handed. He has an innate sense of a judge, President George W. Bush gave him they believe our Supreme Court has a special ‘‘recess appointment’’ to the bench fairness.’’ that lasts only through the end of 2005. Finally, in what in less contentious times ceased to do that, or any other judges One of the many cheap shots launched at would end all questions about Mr. Holmes’ in this country have ceased to do that, Mr. Pryor during the confirmation battle fitness, both senators from his home state, and they are then imposing their per- was the charge that he was insensitive to Blanche Lincoln and Mark Pryor (no rela- sonal views—even though they have women’s rights. The allegation, based on a tion to Bill), have endorsed his nomination— not been elected to office, don’t have to legal brief he filed on one technical aspect of even though he and President Bush are Re- stand for election for office, hold their publicans, while both of them are Demo- a federal law, ignored the overwhelming bulk office for life and they are unaccount- of his legal and volunteer work to secure crats. protections for women. It would be virtually unprecedented for the able—they will not accept that. One of Mr. Pryor’s first decisions as a fed- Senate to turn down a candidate nominated There is a danger in America at this eral judge, released last Wednesday, proves by one party and supported by both of his point in time. What President Bush is again the illegitimacy of the original charge home-state senators from the other party. doing, day after day, week after week, against him. The case involved a woman in The example of Bill Pryor should be illus- is simply sending up judges who believe Delray Beach, Fla., who claimed she was the trative in the case of Leon Holmes as well: the law ought to be followed and they victim of two counts of sex discrimination When a nominee enjoys strong bipartisan ought not to impose their political by her former employer. The district court support from the home-state folks who know him bests, and from some of the top non-par- views from the bench. had thrown out both of her claims on ‘‘sum- How can we be afraid of that? Our mary judgment,’’ meaning it found so little tisan legal officers in the country, that sup- legal merit to her allegations that the case port should weigh far more heavily than liberties are not at risk by these wasn’t even worth a full trial. should the out-of-context criticisms from judges, as one wise lawyer said at a On appeal, however, Mr. Pryor reinstated ideological pressure groups whose fund-rais- hearing of the Judiciary Committee, of one of the woman’s claims and ordered it ing prowess depends on how much havoc which I am a member. He said: I don’t back to trial at the district level. His will- they wreak on the nomination process. see that our liberties are at great risk ingness—on well-reasoned legal grounds, we Leon Holmes is no more antagonistic to women’s rights than is Bill Pryor—who, it from judges who show restraint. Our might add—to force the woman’s case to be liberties are at risk from those who im- heard provides yet more evidence refuting should be mentioned, is in the Hall of Fame the allegation that he somehow is hostile to of Penelope House, a prominent local wom- pose their political views from the women’s rights. en’s shelter. bench. Mr. Holmes ought to be confirmed, and the HOLMES IS LIKE PRYOR I think Justice Holmes has dem- character assassination must come to an onstrated a career of commitment to As it happens, another Bush nominee is end. facing similar, and similarly baseless, allega- the law. He has won the respect of both tions. Arkansas lawyer and scholar Leon Mr. SESSIONS. Mr. President, I of the Democratic Senators from Ar- Holmes is due for a Senate vote on Tuesday. think we will soon be voting—at 5:30. I kansas. He has won the respect of the While no filibuster is planned against him, urge my colleagues to remember this. Supreme Court of Arkansas. He has opponents hope to defeat him on a straight You do not have to agree with a nomi- won the respect of the American Bar up-or-down vote by highlighting past state- nee’s personal religious views to sup- Association, fellow women lawyers who ments of his that supposedly touch on wom- port him or her as judge. The fact that worked with him, year after year after en’s rights. you do not share a person’s personal re- The parallels to the Pryor nomination bat- year. He is the kind of person we want tle are striking, both because opponents are ligious views on a host of different on the bench, a person who truly be- taking the nominee’s statements out of con- matters is not a basis to vote no. The lieves in something more than making text and because much of the opposition question is, Will that person follow the a dollar, who has represented the poor stems from factors emanating from the law? and dispossessed, who has spoken out nominee’s Catholic faith. That is the right test. That is the on issues that are important to him, In the most prominent controversy, Mr. classical test we have always had. We who is active in his church. That is Holmes and his wife together wrote an arti- are getting away from it. We have what we need more of on the bench. I cle for a Catholic magazine that touched on Members I respect in this body who say Catholic theological teachings concerning urge the Senate to confirm Leon marriage and gender roles in the clergy. In- we just ought to consider ideology, we Holmes. cluded was an explication of the famous lines just ought to consider their politics, I yield the floor. in St. Paul’s letter to the Ephesians that just put it out on the table. Let’s not Mr. President, I suggest the absence say, ‘‘Wives, submit to your husbands as to pretend anymore that these things are of a quorum and ask unanimous con- the Lord.’’ not what some of my colleagues base sent that the quorum call be charged Aha! Sen. Dianne Feinstein of California their judicial votes on, let’s put it out equally to both sides. asserted that this passage makes Mr. Holmes there. The PRESIDING OFFICER. Without antagonistic towards women’s rights. Never But I say to you that is a dangerous mind that in the very same article, the objection, it is so ordered. Holmes couple wrote: ‘‘The distinction be- philosophy because it suggests that The clerk will call the roll. tween male and female in ordination has judges are politicians, that judges are The assistant legislative clerk pro- nothing to do with the dignity or worth of people who are empowered to make po- ceeded to call the roll. male compared to female,’’ and ‘‘Men and litical decisions; therefore, we ought to Mr. KENNEDY. Mr. President, I ask women are equal in their dignity and value.’’ elect judges who agree with our poli- unanimous consent that the order for Never mind that Mr. Homes has elsewhere tics. It is contrary to the Anglo-Amer- the quorum call be dispensed with. written that ‘‘Christianity and the political ican rule of law through our whole be- The PRESIDING OFFICER. Without order are assigned separate spheres, separate lief system in which judges are given objection, it is so ordered. jurisdictions.’’ Never mind that a host of pro-choice, liberal women from Arkansas lifetime appointments so they can be Mr. KENNEDY. Mr. President, I un- have written in favor of Mr. Holmes’ nomina- expected to resist politics and to ad- derstand that we are under time con- tion, nor that the Arkansas Democrat-Ga- here to the law as it is written and as trol. I yield myself such time as I may zette has praised the ‘‘rare blend of qualities defined by the Supreme Court of the use.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.021 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7555 The PRESIDING OFFICER. The Sen- Catholic Christians, is based on the historic their relationship is a visible sign of an un- ator from Massachusetts is recognized. Catholic teaching regarding the relation be- seen reality, the relationship between Christ Mr. KENNEDY. Mr. President, I tween male and female. and the Church. Distorting the relationship strongly oppose the nomination of So when that teaching is rejected, the re- between male and female is as sacrilegious jection pierces the heart of who we are as as profaning any of the other sacraments Leon Holmes to a lifetime appointment persons, as family, and as Catholic Chris- that by which God symbolizes a divine, un- to the U.S. District Court for the East- tians. Nothing causes us greater grief than seen reality through tangible symbols. ern District of Arkansas. His record the fact that the historic and scriptural The use of male and female to symbolize gives us no confidence that he will be teaching on the relationship between male the relationship between Christ and the fair in the wide range of cases that and female is widely unpopular in the Church is pervasive in Scripture. In Leviti- come before him, particularly in cases Church today. We have studied these teach- cus, for instance, whenever a sacrificial ani- involving the rights of women, gay ings, prayed about them, and struggled to mal was to stand for Christ, a priest, or a rights, and the right to choose. His live them for the largest part of the almost leader, the animal was required to be male; 25 years we have been married; and we ask whereas, whenever a sacrificial animal was record contains example after example your indulgence and patience as we attempt to stand for the common man or for the com- of extreme views of the law that sug- to share the fruits of our reflection and munity, the animal was required to be a fe- gest he will not follow established struggle with you. male. In the Gospels, Christ always forgave precedent. The historic teachings of the Catholic and never condemned women, though he Every nominee who comes before us Church are grand, elegant, and beautiful. sometimes condemned men. Women were al- promises to follow the law, including When they are unpopular amount Catholics, ways forgiven because the Church will al- laws in cases with which they disagree. it is usually because they are not under- ways be forgiven. Men could be condemned Mr. Holmes is no exception. But the stood; and so it is; we think with respect to for their sins because Christ was condemned the teaching of the Church regarding the re- for our sins. If we were to use ‘‘gender neu- Senate’s constitutional role of advise lationship between male and female. The tral’’ language to describe the relationship and consent gives each of us the duty passages of Scripture that call Christians between Christ and the Church, we would de- to evaluate these claims carefully. It is ‘‘sons of God’’ and ‘‘brothers’’ are offensive stroy an essential element of our faith. To be clear from his record that Mr. Holmes only if they are misunderstood. The teaching true to the reality of the relationship, we has not shown the dedication to up- that only males can be ordained to be the must recognize Christ as the groom and the holding constitutional principles and priesthood and the diaconate is offensive Church as the bride. Christ cannot be the the judgment necessary for a Federal only if it is misunderstood. Far from being bride, the Church cannot be the groom; nor judge. offensive, these teachings are elegant and can Christ and the Church both be groom or beautiful; and true for this age, as for every both be bride. Mr. Holmes has expressed extraor- age, because truth is eternal. This unseen reality is signified once again dinary hostility to equal rights for Catholic theology is essentially sac- by an outward sign within the Church, which women. In 1997 he wrote that it is a ramental, which is to say that its teaching is ordains only males to those positions in the woman’s obligation to ‘‘subordinate permeated by and flows from the notion that Church that represent Christ among us, the herself to her husband.’’ He also wrote there is an unseen reality that is symbolized priesthood and the diaconate. Ignoring the that a woman must ‘‘place herself by visible, external signs. We believe, for in- distinction between male and female in ordi- under the authority of the man.’’ It stance, that Christ was incarnate as a male nation is like ignoring the distinction be- doesn’t get much more extreme than because His masculinity is the most fitting tween male and female in marriage. It has sign of the unseen reality of His place in the nothing to do with dignity or worth of male that. Holy Trinity, who is revealed to us as Fa- In fact, Mr. Holmes has blamed femi- compared to female. When a woman chooses ther, Son, and Holy Spirit. Our relationship to marry a man, it is not because she thinks nism for the erosion of morality. He to God is a part of this unseen reality, and it men have more dignity or value than women. has written that ‘‘to the extent that we is twofold. In one aspect, we are related to The suggestion that male-only ordination adopt the feminist principle that the God as individuals; in another aspect, we are implies a devaluation of women is as silly as distinction between the sexes is of no related to God as a community. Individually, the suggestion that a woman devalues consequence . . . we are contributing we are adopted into the same relationship to women when she looks exclusively among to the culture of death.’’ Are we really the God the Father as Christ enjoys,which is men for a husband. The assertion that males expected to believe that someone with to say; we are all sons of God the Father and and females both should be ordained without such medieval views will dispense 21st brothers of Christ. All of us, male and fe- regard to their sex is akin to the assertion male, are equally sons of God and therefore that same-sex relationships should be re- century justice? brothers of one another. The equality of our This nomination is an insult to work- garded as having equal legitimacy with het- relationship is destroyed when some of us erosexual marriage. ing women. It is an insult to all Ameri- are called sons but others are called daugh- The demand of some women to be ordained cans who believe in fairness and equal- ters, some are called brothers but others are is prefigured in the Old Testament when ity. called sisters. Daughters have not the same Korah and 250 ‘‘well-known men’’ claimed Just last week we celebrated the 40th relationship to their father as sons have. the right to offer sacrifice equally with anniversary of the Civil Rights Act of Daughters cannot be like their father to the Moses and Aaron because ‘‘all the congrega- 1964 which gave women equal oppor- same extent as can sons. Sisters have not the tion are holy, every one of them, and the tunity in the workplace. Democrats same relationship to brothers as brothers Lord is among them’’ (Nm. 16:3). It is true and Republicans alike joined in cele- have to one another. Sisters cannot be like that all the congregation are holy and the brothers to same extent as brothers can be Lord is among them; but it does not follow brating that important law. If that like one another. Hence Scripture refers to that all are entitled to offer sacrifice. By the celebration is to be more than lip serv- all Christians—Jew and Greek, male and fe- same token, it is true that men and women ice, we cannot approve this nomina- male, slave and free—as sons of God (Gal. are equal in their dignity and value, but it tion. 3:26) and brothers of one another to signify does not follow that all are entitled to be or- Judges appointed to lifetime posi- the equality, the sameness of our spiritual dained. Ordination does not signify the in- tions on the Federal court must have a relationship in its unseen reality to God. trinsic worth or holiness of the one ordained; clear commitment to the principles of As a community, as a Church, we also have it signifies that the one ordained is to be an- equality in our basic civil rights laws. a relationship to God as the bride of Christ. other other Christ to the Church, which is to Mr. Holmes’ view that a woman must This relationship is an unseen reality that is say another groom to the bride. A woman signified in the visible world by the relation- ‘‘place herself under the authority of cannot be ordained, not because she is infe- ship between male and female and especially rior in dignity to a man, but because she the man’’ does not demonstrate such a by the relationship between husband and cannot be a husband to the Church, which is commitment. wife. Hence, the husband is to love his wife the bride of Christ. I ask unanimous consent to be print- as Christ loves the Church; and as the In a way that we cannot understand, the ed in the RECORD Mr. Holmes’ article Church subordinates herself to Christ, in relationship between the unseen reality and containing these statements. that manner the wife is to subordinate her- the visible signs is reciprocal. St. Paul says There being no objection, the mate- self to her husband. The verb used in Ephe- he was made a minister to make all men see rial was ordered to be printed in the sians 5:24 is hypotassetai, which means to what is the plan of the mystery hidden for RECORD, as follows: place one’s self under. The Church is to place ages in God who created all things, that herself under the protection of Christ and through the church the manifold wisdom of GENDER NEUTRAL LANGUAGE—DESTROYING AN ipso facto place herself under His authority. God might now be made known to the prin- ESSENTIAL ELEMENT OF OUR FAITH Likewise, the woman is to place herself cipalities and powers in the heavenly places (By Leon and Susan Holmes) under the authority of the man and ipso (Eph 3:10). He also says the apostles have Our whole life as husband and wife, as fa- facto place herself under his authority. Both been made a spectacle ‘‘to the world, to an- ther and mother to our children; and as the man and the woman are to live so that gels and to me’’ (1 Cor. 4:9). In the same vein,

VerDate jul 14 2003 05:59 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.063 S06PT1 S7556 CONGRESSIONAL RECORD — SENATE July 6, 2004 he says a woman should have a veil on her that Federal court orders requiring as- broad, he and others like him should propose head (as a sign of authority) ‘‘because of the signment of students to desegregate a ‘‘complex response’’ to these ‘‘complex angels.’’ It is an awesome thought that what public schools are part of ‘‘a cultural issues.’’ In the absence of an alternative pro- we do somehow signifies the reality of the posal, I cannot help but think their criticism unseen world; but it is even a more awesome and constitutional revolution in the a dishonest effort to perpetuate the status thought, that God calls us to make known past 20 years . . . for which the Nation quo, with some 1.8 million abortions per year the reality of the unseen world to the unseen has never voted.’’ He has called such performed, including 160,000 in the 6th, 7th world. remedies authoritarian and argued and 8th months of pre-natal life. In light of In the biological sphere, life depends on the that it is an ‘‘injustice,’’ that over- these facts, it simply cannot be true that relationship between male and female. In turning them would require a change ‘‘The reality is that no one likes abortion.’’ this respect, the biological sphere is a visible in the Constitution. Bishoff’s letter contrasts ‘‘a fetus’’ with sign of the unseen reality of the spiritual I ask unanimous consent that Mr. ‘‘people.’’ But the word ‘‘fetus means, sim- realm in which life depends on the relation- ply, a person developing in the womb. To ship of Christ and the Church. Sexuality is a Holmes’ letters on this subject also continue our present policy is to give those ‘‘great mystery . . . in reference to Christ been printed in the RECORD. persons in the womb no rights at all, not and the Church’’ (Eph. 5:32). There being no objection, the mate- even the most minimal right, the right to All of this is why denominations whose rial was ordered to be printed in the life. I think that the abortion issue is the theology is not essentially sacramental have RECORD, as follows: simplest issue this country has faced since been quick to endorse artificial contracep- [From the Christian Science Monitor, Dec. slavery was made unconstitutional. And it tion, divorce and the ordination of women; 23, 1980] deserves the same response. and it is why they are much more open to LEON HOLMES, Nina Totenberg asks in ‘‘Did America vote the legitimation of homosexual relation- Ass’t Prof. of Political Science, for this, too?’’ whether the people of the ships. Churches whose theology is essentially Augustana College, Rock Island. sacramental, which is to say the Catholic United States voted for ‘‘a cultural and constitutional revolution.’’ The truth is that the Mr. KENNEDY. Mr. President, he op- Church and the Orthodox Churches, cannot posed the Civil Rights Restoration Act accommodate the spirit of the age with re- United States has undergone a cultural and spect to these matters no matter how over- constitutional revolution in the past 20 of 1987, an act approved by a broad, bi- whelming the society pressure. To do so years, and the revolution is one for which partisan majority to restore the origi- would be to repudiate the essence (in the the nation has never voted. nal meaning of title VI and title IX of Seven years ago, seven members of the Su- strictest Thomistic sense of the word) of our the Civil Rights Act which prohibit dis- preme Court held that the abortion laws in whole theology. Apart from sacramental the- all 50 states violate the 14th Amendment, de- crimination in federally funded activi- ology sexuality is just another physical func- spite the fact that virtually every state that ties. tion and the distinction between the sexes is ratified the amendment had a restrictive Mr. Holmes has also expressed views no more significant than the distinction be- abortion law at the time. Eight years ago hostile to gay rights. At one point he tween right-handed persons and left-handed the Supreme Court held the death penalty even said he opposed the feminist ones. When we treat the distinction between laws in virtually every state to be in viola- the sexes as of no consequence, we are part- movement because he feared it would tion of the 14th Amendment, despite the fact ing from sacramental theology, which is to bring ‘‘recognition of homosexual liai- that the very wording of the amendment ac- say we are parting form Catholicism, which sons.’’ knowledges the authority of states to take is to say we are parting from Christianity. Mr. Holmes’ record also indicates It is not coincidental that this culture of life when done according to due process. Nine that he is intensely opposed to a wom- death in which we live is a culture that seeks years ago the Supreme Court held that the 14th amendment grants to federal courts the an’s constitutional right to choose. In to eliminate the distinctions between male his answers to questions, however, he and female. It is not coincidental that the power to order schools to bus students to feminist movement brought with it artificial achieve racial balance. Nineteen years ago said that he disagrees with the Su- contraception and abortion on demand, with the Supreme Court held that public schools preme Court’s decision in Roe v. Wade, recognition of homosexual liaisons soon to are not allowed to authorize prayer as a part but he would not try to undermine Roe follow. The project of eliminating the dis- of their activities. if he became a Federal judge. But Combined, these rulings constitute a sig- tinctions between the sexes is inimical to merely repeating the mantra that he nificant cultural and constitutional revolu- the transmission of life, which is the raison tion. This revolution, not the conservative will ‘‘follow the law’’ does not make it d’etre of that distinction in both the biologi- reaction to it, is the novelty on the Amer- credible that he will do so. cal and spiritual realms. No matter how ican political scene. This revolution has been Regardless of the assurances he made often we condemn abortion, to the extent we accomplished by authoritarian means, de- after he was nominated for a Federal adopt the feminist principle that the distinc- spite the charges that its opponents are au- tion between the sexes is of no consequence judgeship, no one looking at his record thoritarians. and should be disregarded in the organiza- can avoid the conclusion Mr. Holmes If we now submit these issues to the election of society and the Church, we are con- has dedicated much of his career to op- torate or the legislative process, the only in- tributing to the culture of death. posing Roe v. Wade. It defies reason to As Church, we are the bride of Christ. We justice will be that the opponents of the recent revolution will bear the burden of mus- believe he will abandon that position if are to submit to Him. This means in part he becomes a Federal judge. that we are to take on the mind of Christ tering a two-thirds majority in Congress and majorities in 38 states in order to restore the In fact, he has demonstrated a clear rather than adopt whatever paradigm pre- commitment to using a variety of po- vails in the age in which we live. As Bishop Constitution. EON HOLMES, McDonald said last January when talking L litical and legal means to take away a about abortion, ‘‘I do not want a Church that Augustana College, Rock Island, IL. woman’s right to choose. His state- is right when the world is right, I want a [From Daily Dispatch, December 24, 1980] ments opposing it are among the most Church that is right when the whole world is ABORTION ISSUE extreme we have seen. wrong.’’ TO THE EDITOR: In response to the mis- He has said the concern expressed by We write in a spirit of friendship, not of representations of Murray Bishoff’s recent supporters of choice for ‘‘rape victims animosity. We have brought all five of our letter, I make the following comments: is a red herring because conceptions children into the Catholic Church. It is no First, the HLA explicitly permits ‘‘those from rape occur with the same fre- exaggeration to say we have bet their eter- medical procedures required to prevent the quency as snow in Miami.’’ According nal lives on the Church. At the same time, death of the mother’’ Second, nothing in the we have built our whole family life on the HLA would affect the birth control pill or to the American Journal of Preventive traditional and now unpopular teachings prevent anyone from buying and using con- Medicine, at least 25,000 pregnancies re- about the relationship between male and fe- traception. Mr. Bishoff simply misstates the sulted from rape in 1998 alone. male. What are we to do when we see these effect of the HLA on these issues. third, it Mr. Holmes has likened abortion to pillars of our life start to separate and pull seems to me that the language of the HLA slavery and the Holocaust. apart? How do we stand on both? How can we neither explicitly allows nor explicitly pro- In the mid-1980s, Mr. Holmes helped stand on only one? hibits the IUD and the morning after pill. write an amendment to the Arkansas Mr. KENNEDY. Mr. President, Mr. Bishoff’s concern for rape victims is a red Constitution to ban the use of any pub- Holmes has expressed opinions that herring because conceptions from rape occur lic funds for abortion, even in cases of cast doubt on his fairness on other civil with approximately the same frequency as rape or incest, and even if abortion was snowfall in Miami. Fourth, it is silly to say rights issues as well. He has criticized that such trivialities are the principal con- necessary to safeguard a woman’s remedies to enforce the requirements cern of either HLA proponents of opponents. health. of school desegregation under Brown v. If Bishoff really is not ‘‘anti-life’’ and if he In 1995, he stated the ‘‘only cause Board of Education. He has written sincerely believes the HLA to be overly that I have actively campaigned for

VerDate jul 14 2003 05:59 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.017 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7557 and really been considered an activist The PRESIDING OFFICER (Mr. FITZ- diciary Committee, by Democratic is the right to life issue.’’ GERALD). Without objection, it is so or- members, about when they asked him In 2000, he wrote an article express- dered. about it. He said: ing his approval of ‘‘natural law,’’ the Mr. SESSIONS. Mr. President, I want In my scholarly capacity, I wrote in my idea that people have inalienable to respond to a few of the comments ‘‘Comment on Shankman’’ that there are no rights that precede the Constitution. that have been made earlier today. other provisions that open the door to nat- That great phrase is part of the Dec- One of the complaints that has been ural law. laration of Independence. But then Mr. made is that Leon Holmes, in a letter, He was asked whether he said that Holmes went on to state any recogni- said pregnancies from rape were as rare you couldn’t alter the Constitution on tion of a right to privacy in cases such as snowstorms in Miami. I think there a natural law basis on a specific case. I as Roe v. Wade is illegitimate and in- is a literary device called exaggeration believe one of the members of the com- consistent with natural law. Sup- for effect. I am sure he did not intend mittee asked him, what about any porters of Mr. Holmes’ nomination say that literally. As a matter of fact, other case? And he said no. his statements do not show he will fail some of the studies at that time He was asked another question: to enforce the law if he becomes a Fed- showed pregnancies as a result of rape During his Supreme Court confirmation eral judge. It is true that after he was to be very rare indeed. I think since hearings, Clarence Thomas testified that he pressed by several Senators, Mr. then numbers have come out to show a did not ‘‘see a role for the use of natural law Holmes admitted his statement that larger number have resulted from rape. in constitutional adjudication.’’ Do you dis- pregnancies from rape occur as fre- Mr. Holmes apologized, not recently agree or agree? Please explain why or why quently as snow in Miami was too in- but a number of years ago, for that not? flammatory. But this was more than statement and, in fact, has written a Mr. Holmes replied: an isolated statement—it came in the nice letter in which he dealt with that As I have stated above, I do not believe context of an extensive pattern of stri- explicitly and said that was not appro- that the courts are empowered by the Con- dent, anti-choice statements, writings, priate and noted he had matured over stitution to appeal to natural law as a basis and actions over the past two decades. the years. I point out he wrote that let- for their decisions. The courts are given His cavalier dismissal of the problems whatever authority they have by the Con- ter before he became a lawyer in the stitution. The Constitution does not author- facing rape and incest victims is con- early 1980s, or earlier, as a young man ize the courts to use natural law as a basis sistent with his repeated attempts to debating as a free American citizen an for overruling acts of Congress or acts of repeal or severely limit the right to issue that was important to him. state legislatures. choose, even in cases of rape or incest. So that is what he said. That is how The comment that he believes nat- Supporters of the nomination suggest that came about. He has apologized for ural law overrides the Constitution is many intemperate statements he has it. I do not think it was malicious. I do contrary to his personal religious views made say nothing about how he will in- not think he intended anything bad by but proves that he will be a fair judge. terpret the law. But that defies com- it. I think he was trying to make the He was attacked viciously for the ar- mon sense. Mr. Holmes is a self-pro- point that based on the evidence he had ticle he and his wife wrote about mar- claimed activist against a fundamental at the time not that many abortions riage. I will just note that he and his constitutional right. Why should we occurred as a result of rape. But he has wife together were quoting the Pauline approve a nominee who has made such admitted that was wrong and he should doctrine of marriage out of the book of strong and intemperate statements not have used that kind of language. Ephesians in the New Testament. It against rights established in the Con- He has apologized to everybody he can was written in a Catholic magazine for stitution? Why should we confirm a apologize to. But it will not make nominee who has stated women must Catholic readership. It assumed certain much difference, I am sure, to some background knowledge by the readers be subservient to men? Even if we as- people. sume those strong opinions will some- of the article on Catholic doctrine. It I see the chairman of the Judiciary did not attempt to explicate Catholic how not affect how he interprets the Committee in the Chamber, Senator law, they clearly do not reflect the theology for readers of other faiths HATCH. judgment and temperament we expect who would lack that background and I remember we had a young man who have difficulty understanding. More- from a Federal judge. had gone off to college, I guess in his I respect the views of my colleagues over, the main thrust of the article was early twenties, and had used a college to explain why gender-neutral lan- from Arkansas who support Mr. credit card to purchase illegal property Holmes’ nomination. But too much is guage was inappropriate in the liturgy for himself, and they found it in the at stake. Once nominees are confirmed of a church. It did not focus on Catho- dorm room. He went off to the Army for the Federal courts, they serve for lic doctrine on marriage. and did well and went to law school life, and will influence the law for In a letter to Senator BLANCHE LIN- and did well, and we considered that years to come. COLN, a fine Senator from Arkansas We all know the values Americans re- and sat down, and we felt this was not who supports him and a Democratic spect the most: the commitment to disqualifying. Senator, he wrote this in explaining So they say that as a young man he fairness, equality, opportunity for all, what he and his wife meant: made this one statement and this is and adherence to the rule of law. The The Catholic faith is pervaded with the American people expect us to honor going to disqualify him from sitting on view that the visible things symbolize as- these values in evaluating nominees to the bench? It was 24 years ago. Well, as pects of the spiritual realm. This pervasive the Federal courts, and our consciences if there is something bad about this element of the faith is manifest in the teach- demand it. Mr. Holmes has every right man, his comment was on the only ing that the marital relationship symbolizes thing he has politically ever really the relationship between Christ and the to advocate his deeply held beliefs, but Church. My wife and I believe that this his record and his many extreme state- been engaged with—the pro-life issue. His pro-life views are his religious be- teaching ennobles and dignifies marriage and ments—especially about women’s role both partners in it. We do not believe that in our modern society—raise too many lief. It is consistent with his church’s this teaching demeans either the husband or grave doubts to justify his confirma- belief. It is his personal belief. He be- the wife but that it elevates both. It involves tion, and I urge my colleagues to op- lieves it is a bad thing to abort human a mutual self-giving and self-forgetting, a re- pose his nomination. life. And he has been active out there ciprocal gift of self. This teaching is not in- Mr. President, I suggest the absence as a private citizen—not as a judge, as consistent with the equality of all persons, of a quorum. a private citizen—advocating. But the male and female, and, in fact, in that column The PRESIDING OFFICER. The complaints they had about him on this we say: ‘‘[a]ll of us, male and female, are issue were over 20 years ago before he equally sons of God and therefore brothers of clerk will call the roll. one another.’’ This aspect of my faith—the The assistant legislative clerk pro- even got his law degree. So I think teaching that male and female have equal ceeded to call the roll. they are not persuasive in this debate. dignity and are equal in the sight of God— Mr. SESSIONS. Mr. President, I ask He has also been attacked about the has been manifest, I believe in my dealings unanimous consent that the order for question of ‘‘natural law.’’ And he an- with my female colleagues in our firm and in the quorum call be rescinded. swered the questions of the Senate Ju- the profession as a whole.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.066 S06PT1 S7558 CONGRESSIONAL RECORD — SENATE July 6, 2004 Indeed, many of them support him Letters like this, from people who ments, many in letters to the editor or quite strongly. I reserve the remainder have known Mr. Holmes well in the in published articles, that raise serious of the time and yield the floor. context in which he would serve, are questions about his ability to set aside Mr. KYL. Mr. President, I rise today the best evidence regarding Mr. his deeply held beliefs in order to im- to respond briefly to the comments Holmes. It is always appropriate to partially apply laws with which he dis- made by Members on the other side of consider questions raised about com- agrees. In fact, Mr. Holmes himself has the aisle about the nomination of J. ments that a nominee has made in the characterized some of his previous Leon Holmes to be a District Court past, and there certainly has been con- comments as ‘‘strident and harsh rhet- Judge for the Eastern District of Ar- troversy about some of Mr. Holmes’ oric.’’ These statements were not made kansas. statements. In this situation, I defer to in the midst of casual conversation; Mr. Holmes has been criticized for a those who know the nominee, and who they were largely written pieces that number of comments—some of which are in the best position to put his reflected the thoughts of Mr. Holmes are more than two decades old. Yet his statements into context. In this case, on these matters. opponents ignore the best evidence Mr. Holmes has overwhelming bipar- In one extremely troubling instance, about Mr. Holmes: the people who have tisan support from those in his home Mr. Holmes wrote that ‘‘concern for known him well throughout the past State, especially those in the legal rape victims is a red herring because two decades of his legal career. As Sen- community, who have known him over conceptions from rape occur with ap- ator LINCOLN of Arkansas recently the past two decades. Based on this evi- proximately the same frequency as noted in reaffirming her support for dence, I will support Mr. Holmes’ con- snowfall in Miami.’’ This appalling Mr. Holmes, letters of support from: firmation to the Federal bench. statement was not a chance comment, the legal community in Arkansas, many of Ms. COLLINS. Mr. President, I rise instantly regretted. Rather, Mr. whom share different views than Mr. Holmes today to speak on the nomination of Holmes included this statement in a . . . describe him as ‘‘fair,’’ ‘‘compas- Leon Holmes to be a district court letter he submitted for publication in sionate,’’ ‘‘even-handed,’’ and ‘‘disciplined.’’ judge for the U.S. District Court of Ar- The Daily Dispatch. In addition to the His colleagues hold him in high esteem. kansas. insensitivity and inaccuracy dem- That is from a press release of Sen- The ‘‘advice and consent’’ role given onstrated by this comment, I believe it ator BLANCHE LINCOLN, April 11, 2003. to the Senate in the U.S. Constitution demonstrates that Mr. Holmes lacks The other home State Senator, Senator is one of the Senate’s most solemn du- the measured approach that is critical PRYOR also, of course, a Democrat— ties, and one to which I give the ut- for sound judicial decision-making and supports Mr. Holmes. most care. Since Federal judges serve the ability to set aside his personal Additionally, the strong support of for lifetime terms, I carefully review views to apply settled principles of law. Mr. Holmes’ colleagues in the legal every nominee to ensure that he or she In an April 11, 2004 letter to Senator community caused the American Bar is well-qualified and possesses the LINCOLN, Mr. Holmes stated, ‘‘I do not Association to give him its highest rat- proper professional competence and in- propose to defend that sentence, and I ing of ‘‘well-qualified.’’ Finally, the Ar- tegrity. Although, naturally, I apply would not expect you or anyone else to kansas Democrat-Gazette, Holmes’ no litmus test with respect to a nomi- do so.’’ While in this same letter Mr. hometown paper, is intimately familiar nee’s personal beliefs, a commitment Holmes went on to apologize for this with his record and strongly supports to following the law and applying it remark, he also acknowledged that his him. The paper, writing while Mr. soundly is critical. comment ‘‘reflects an insensitivity for Holmes was being considered, indicated Perhaps the most important factor in which there is no excuse.’’ I agree with that Mr. Holmes was a well qualified, evaluating a nominee is whether the Mr. Holmes that there is no excuse for mainstream nominee: person has the proper ‘‘judicial tem- this statement, and his belated apology What distinguishes Mr. Holmes is the rare perament.’’ There are two elements came only after he was nominated for blend of qualities he brings to the law—intel- that must be considered when making the Federal bench. lect, scholarship, conviction, and detach- this determination. The first involves Unfortunately, this type of comment ment. A reverence not just for the law but what we would commonly understand is not an isolated one, but one in a se- for ideas, for the life of the mind. All of that ries of unsettling statements Mr. would shine through the clutter of argument the characteristics of good tempera- that awaits any judge . . . . He would not ment to entail: would the nominee Holmes has made in his writings over only bring distinction to the bench but show courtesy and respect toward the many years. For example, Mr. Holmes promise. . . . In choosing Leon Holmes, [the practitioners and parties in his court- authored an article in 1997 in which he President] could bequeath a promise of room, while at the same time remain- wrote that ‘‘the wife is to subordinate greatness. ing confident and firm. From all I have herself to her husband,’’ and ‘‘the That is from an editorial, Name on a heard about Mr. Holmes, he has a fine woman is to place herself under the au- List in a Field of Seven, One Stands reputation for being both civil and pro- thority of the man.’’ In 1982, Mr. Out, Arkansas Democrat Gazette, Dec. fessional, and I have no concerns about Holmes authored another letter for the 1, 2002, at 86. his nomination in this regard. Arkansas Gazette, entitled ‘‘The Scary It is easy to use out-of-context com- The second element of judicial tem- New Argument for Abortion,’’ in which ments to paint an incomplete and inac- perament is more troubling in this he compared certain arguments justi- curate picture of a person. By looking case. It involves the deliberative fying abortion to arguments used to at the entire context of Mr. Holmes’ mindset that is so valued in our ju- justify the actions of Nazi Regime. In career, it is clear that he is held in rists—the ability to separate emotion 2001, he authored a comment for an- high regard by those who know him and personal views while applying the other publication in which he criticized and his work. This includes those who laws in a neutral and impartial man- both Roe and Casey as hold views contrary to those of Mr. ner. A judge must be able to transcend ‘‘constitutionaliz[ing] the theory of Holmes, such as Stephen Engstrom, personal views in ruling on the matters moral relativism.’’ who on March 24, 2003 wrote to Chair- before the court. It is for this reason Mr. President, let me be clear that I man HATCH and Senator LEAHY: that I am concerned about whether Mr. respect Mr. Holmes’ personal views on I heartily commend Mr. Holmes to you. He Holmes has the proper judicial tem- abortion rights and am not opposing is an outstanding lawyer and a man of excel- perament to receive a lifetime appoint- his nomination on those grounds. In lent character. Leon Holmes and I differ on ment to the federal bench. fact, I have voted for many judicial political and personal issues such as pro- After a careful review of the Judici- nominees whose personal views were choice/anti-abortion. I am a past board mem- ary Committee proceedings and Mr. different from mine on the right to ber of our local Planned Parenthood chapter Holmes’ record, I have come to the con- choose, among other issues. Nor do I and have been a trial lawyer in Arkansas for clusion that Mr. Holmes has not dem- believe that a nominee should be re- over twenty-five years. Regardless of our personal differences on some issues, I am onstrated the requisite ability to put quired to indicate how he would decide confident that Leon Holmes will do his duty aside his personal views and follow set- issues of substantive law that may as the law and facts of any given case re- tled law. Over many years, Mr. Holmes arise in future cases. That is not the quire. has made a number of public state- issue. The issue is whether Mr. Holmes

VerDate jul 14 2003 06:44 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.013 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7559 can put aside his personal views and law school class at the University of up or down vote on the Senate floor. follow settled law. Unfortunately, his Arkansas, holds a Ph.D. in Political Any objective look at the record shows strident statements about a woman’s Science from Duke University and an that Democrats have been willing to right to choose raise doubts about his M.A. degree from Northern Illinois work with the White House to confirm commitment to following settled law, University and is a member of Phi Beta President Bush’s nominees to the Fed- including Roe v. Wade. Kappa. eral bench. I note that the Judiciary Committee In voting for confirmation of Mr. While Democrats have worked with reported Mr. Holmes’ nomination Holmes, I also noted that he has the Republicans to provide James Leon ‘‘without recommendation.’’ It is ex- support of both of his home State sen- Holmes an up or down vote, I must op- tremely rare for a nominee to be passed ators. In their floor statements, Sen- pose this nomination. I have great re- from the Judiciary Committee in this ator BLANCHE LINCOLN and Senator spect for my esteemed colleagues from manner. In fact, according to the Con- MARK PRYOR noted that Mr. Holmes Arkansas, who are supporting his nom- gressional Research Service, a district has broad support among pro-choice ination. However, my review of the court nominee has never been reported advocates from Arkansas, and both nominee’s record raises serious con- out of Committee to the floor without Senators concluded that he should be cerns about Mr. Holmes’ ability to put recommendation. It is my belief that confirmed based on their knowledge of his personal beliefs aside and decide the Judiciary Committee’s unusual ac- his legal skills, temperament and char- cases based on the law. The Federal ju- tion in this regard represents more acter and based on his reputation in diciary is too important to allow the than an historical quirk. In fact, it un- their community among others who appointment of any individual whose derscores the concerns about this nom- know him. In addition to their floor personal views interfere with his abil- ination. statements, I talked individually to ity to interpret and adjudicate the laws of the United States impartially. Because of the concerns raised by the Senators LINCOLN and PRYOR who am- This controversial nomination has many writings and comments of Mr. plified to me their solid support for Mr. been pending for a vote on the Senate Holmes, of which I have cited only a Holmes. few examples, I am unable to support For these reasons, I am voting to floor for more than a year. His nomination was reported out of the Judiciary his nomination. Our legal system de- confirm Mr. J. Leon Holmes. Committee last year without rec- pends on having judges who put an al- Mr. DASCHLE. Mr. President, I ommendation, a rarely used procedure. legiance to following settled law above would like to discuss the nomination of Mr. Holmes has been a lawyer for 20 any personal beliefs. Mr. Holmes’ his- James Leon Holmes to be a federal years, and has made countless insensi- tory of inflammatory statements could court judge in the district court of Ar- tive and extreme statements over the cause the parties before him to ques- kansas. Before I address Mr. Holmes’ years. In just one troubling example, tion whether his strong personal beliefs record and qualifications, however, I Mr. Holmes described slavery as divine would allow him to follow settled law think it is important to remind my col- providence intended to teach whites to and apply it in a fair and unbiased way. leagues of where we are in confirming President Bush’s judicial nominees and be more Christlike. Mr. President, in light of these con- During his hearing before the Judici- how the Senate’s record stands in his- cerns, I will oppose this nomination. ary Committee, Mr. Holmes admitted torical context. Mr. SPECTER. Mr. President, after that some of his remarks have been Thanks to bipartisan cooperation, careful consideration, I am voting to ‘‘unduly strident and inflammatory,’’ the Senate has confirmed nearly 200 of confirm Mr. J. Leon Holmes for the however, he also refused to promise to President Bush’s judicial nominees. United States District Court for the recuse himself in cases involving issues This is more confirmations than in Eastern District of Arkansas. on which he already holds a committed I am concerned about certain of his President Reagan’s entire first term, position. writings/statements where he said: President George H.W. Bush’s presi- In fact, during his hearing one Re- ‘‘. . . concern for rape victims is a red dency, or in President Clinton’s last publican Senator on the Judiciary herring because conceptions from rape term. There are now only 27 vacant Committee asked Mr. Holmes, ‘‘why in occur with approximately the same fre- seats in the Federal courts, the lowest the world would you want to serve in a quency as snowfall in Miami . . .’’, level of vacancies since the Reagan ad- position where you have to exercise re- ‘‘the wife is to subordinate herself to ministration. In fact, more than 96 per- straint and you could not, if you were her husband’’ and analogies of pro- cent of Federal judicial seats are filled. true to your convictions about what choice advocates to Nazis and abortion With 28 judicial confirmations in this that role as a judge should be, how you to slavery. year alone, this Senate is well ahead of could feel like you have done every- Mr. Holmes subsequently acknowl- 1996, the last time a President was run- thing you could in order to perhaps edged ‘‘using strident and harsh rhet- ning for re-election, and when Repub- achieve justice in any given case.’’ oric’’ on abortion and wrote to Senator licans allowed not one single judge to Rather than assuring the Committee of Blanche Lincoln that ‘‘I am a good bit be confirmed until July. In 1996, Repub- his ability to separate his personal be- older now and I hope more mature than licans allowed only 17 of President liefs from his role as a judge, Mr. I was at that time,’’ blaming immatu- Clinton’s judicial nominees to be con- Holmes simply conceded that ‘‘I know rity for his past harsh statements. firmed, none of which were for the cir- it is going to be difficult for this Com- After discussing these issues with cuit courts. The Senate has confirmed mittee to assess that question, and I Mr. Holmes and noting that they were five circuit court nominees this year. know it is a very important question.’’ written some time ago, in 1980 and 1997 In total, the Senate has confirmed 35 Another example of why this concern respectively, I do not believe that they circuit court nominees, which is more was raised, in October 200, Mr. Holmes reflect a fixed state of mind dem- than President Reagan and President delivered a speech in which he stated onstrating a pre-disposition on judicial Clinton saw confirmed in each of their that, ‘‘Christianity, in principle, can- issues to come before his Court. I am first terms. not accept subordination to the polit- also mindful that, as a District Court There have been limited occasions ical authorities, for the end to which it Judge, his decisions will be subject to where a nomination raises such signifi- directs men is higher than the end of review by the Court of Appeals. There cant concerns that members choose to the political order.’’ would be a substantially different con- oppose granting that nominee a life- Mr. Holmes is entitled to these be- sideration if he were a Circuit Court time appointment on the Federal liefs. And one of the magnificent as- Judge where he could cast the decisive bench. However, these cases have been pects of our country is that every vote on a three-judge panel where it few. Democrats have allowed 98 percent American can hold such beliefs and ad- would be unlikely to be reviewed by of President Bush’s nominees to be vance them in the national discourse. the U.S. Supreme Court since certio- confirmed. In addition, Democrats re- But our country was founded on the rari is granted in such a small number cently reached an agreement with Re- separation of church and state and the of cases. publican leadership and the White administration and adjudication of our Mr. Holmes has a very impressive House to ensure that 25 judicial nomi- laws must remain free from the influ- academic record, graduating first in his nees, including Mr. Holmes, receive an ence of any one religious perspective.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.070 S06PT1 S7560 CONGRESSIONAL RECORD — SENATE July 6, 2004 That separation has been one of the court of appeals nominees means I give bound to subordinate themselves to linchpins of American liberty. Because them a little extra room because they men, he doesn’t see why women should of the unique role of the federal judici- have less say and it is not an appellate be troubled by this. To paraphrase Sir ary in preserving our liberties, the Sen- court. But I think that Holmes is so far Arthur Conan Doyle, ‘‘It is elementary, ate needs to be vigilant and ensure over, one of the most far over we have Mr. Holmes.’’ It is pretty basic stuff. that no judge is able to impose his or seen, that even though he is a district This is not a great epistemological ar- her religious views on the rest of our court judge, he did not deserve nomina- gument. It is very simple why women country. tion, and he does not deserve approval could be offended. If you cannot see it, Mr. Holmes’s actions and statements by this body. you should not be on the bench. If I raise profound, and unanswered, ques- Mr. Holmes clearly has been an ar- were a woman in a dispute with a man, tions about his willingness to set aside dent and passionate advocate for and my case was assigned to Mr. his personal beliefs when interpreting causes in which he genuinely believes. Holmes, I would be worried that Mr. the law. Each member of the Senate I respect that advocacy. But some of Holmes could not even see why I had has taken an oath to uphold and defend the rhetoric he has used, some of the these concerns. That is troubling. the Constitution and I believe that in arguments he has advanced should give There is a lot more to be worried good conscience we should not support one real pause—they sure give me real about when it comes to the Holmes the appointment of a judicial candidate pause—as to who cares about the im- nomination. In his comments, which who will not be able to do the same. partial enforcement of the rule of law. have already been printed in the The PRESIDING OFFICER. The Sen- Mr. Holmes said that our Nation’s RECORD, just over and over again he de- ator from Utah. record on abortion is comparable to fended and endorsed Booker T. Wash- Mr. HATCH. Mr. President, I ask our Nation’s record on slavery. Perhaps ington’s view that slavery was a con- unanimous consent that the vote on even more disturbingly on this count, sequence of divine providence, designed the nomination of J. Leon Holmes he said that rape leads to pregnancy to teach white people how to be more occur at 5:45 p.m. today and the time about as often as snow falls on Miami. Christ-like. Is the President going to be equally divided. I further ask that That last comment isn’t about choice mention that when he goes to Michi- when the Senate begins consideration or abortion. It is offensive, it is dis- gan? See what people think of that one. of the class action bill this evening, it turbing, and it shows a pattern of He said of all the cases in history, he be for debate only. thought. If it were a total aberration, would want to have argued the cre- then one might say, well, it is a mis- The PRESIDING OFFICER. Without ation case. It is right at the top of the take. But it wasn’t. objection, it is so ordered. list. I don’t know why he said that, According to the weather almanacs The Senator from Nevada. we have consulted, it snowed once in since John Scopes was convicted. I Mr. REID. Mr. President, how much Miami in the last 100 years. According guess Mr. Holmes thinks he could have time remains on the minority side? to a study published by the American done a better job teaching the evolu- The PRESIDING OFFICER. There is Journal of Obstetrics and Gynecology, tionary theory in the public schools. 15 minutes. over 32,000 women a year become preg- More egregious, in not any of these in- Mr. REID. We have Senator SCHUMER nant as a result of rape or incest. I stances, with maybe the exception of and Senator DURBIN here to speak. We would say to Mr. Holmes, those 32,000 the first, has he disavowed them; he can divide that time between the two stands behind them. These are not slips 1 women a year are not a myth. If you of them, so 7 ⁄2 to each Senator, with were looking at the facts, not what you of the tongue. This is a man caught, Senator SCHUMER first. want to believe because of your deeply when you look at his writing, in almost The PRESIDING OFFICER. The Sen- held views but the facts, you wouldn’t a time warp. This man probably ator from New York. have said that. And certainly you doesn’t even want to turn the clock Mr. SCHUMER. Mr. President, I am wouldn’t have said it casually without back to the 1930s or 1890s but some- 1 not sure I will take my entire 7 ⁄2 min- doing some research. These 32,000 where way back in the 1600s. utes, but I do wish to speak for a women are not red herrings. They are Holmes said he believes he possesses minute regarding this nomination. real women in real pain, making trau- sufficient self-transcendence—his Let me say before we begin that judg- matic decisions about whether to give words—to be able to set aside his views ing a potential judge is not an easy birth to their tormentor’s child. and judge cases impartially. I don’t question. The question many of us Unfortunately, that remark may be think it is enough to get up and just grapple with is, Would this judge follow the most egregious but it is hardly iso- say: I will follow the law. the law or would this judge impose his lated. He said that it is a woman’s duty I don’t mean to be flip, but it is just or her own views instead of the law? to subordinate herself to her husband not that easy. That is a difficult question for most and to place herself under the author- The PRESIDING OFFICER. The Sen- nominees. I think both sides of the ity of the man. You can see, I hope, ator’s time has expired. aisle think that way. why we might be concerned that he is Mr. SCHUMER. In conclusion, if Senator HATCH said a few years ago: insufficiently attuned to women’s moderation is a criteria in choosing I believe the Senate can and should do rights. judges—and it is one of mine—Mr. what it can to ascertain the jurisprudential I know the President is going to go Holmes abjectly fails the test. I urge views of a nominee, that a nominee will tomorrow to Michigan to speak on the that he be defeated. bring to the bench, in order to prevent the issue of judicial nominees. I would like The PRESIDING OFFICER. The Sen- confirmation of those who are likely to be- him to tell all the women in the audi- ator from Illinois is recognized. come judicial activists. ence what his nominee said about Mr. DURBIN. Mr. President, I rise in Activists go both ways. You can be women and their rights. Let’s see if he opposition to the nomination of J. an activist and want to move the clock will talk about that tomorrow. Leon Holmes. There is a reason this way ahead or you can be an activist My guess is that 99 percent of the nomination has been sitting on the cal- and want to move the clock way back. women would be aghast that he said endar for over a year. There is a reason If you want to move the body politic that—whether they are Democrats, Re- the Republican Senators are breaking further to the left or further to the publicans, liberals, or conservatives. I ranks to vote against this nominee be- right, then jurisprudence would dic- asked Mr. Holmes in written questions cause, frankly, the nomination of J. tate. In my judgment, if you use that whether he was concerned that, for ex- Leon Holmes really speaks volumes standard, it is not very difficult to ample, a woman advancing a battered about the message being sent by this come to the conclusion that Mr. woman’s defense against her husband White House to the American people. Holmes does not deserve to be on the would lack confidence in his impar- Is this the kind of person they want Federal bench. tiality. He said he doesn’t see why any- to give a lifetime appointment on the It is true that when we evaluate can- thing he has written would justify any Federal bench? The things he said—his didacies of judges—at least some of us concern that he could not be impartial. own words—condemn him. He has writ- on this side; I for one—the fact they Not only does Mr. Holmes not dis- ten that ‘‘the wife is to subordinate are district court nominees rather than avow his assertion that women are herself to her husband’’ and ‘‘the

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.012 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7561 woman is to place herself under the au- apology for his statement about the the people of Arkansas believe it is. thority of the man and ipso facto place subordination of women to men? No The Democrat Gazette newspaper herself under his authority.’’ statement of explanation or apology thinks it is. A lot of Democratic He wrote that abortion should not be was forthcoming. Some have come to women who are law partners with this available for rape victims ‘‘because the floor on the other side and said: man think it is. I personally think it is conceptions from rape occur with the Listen, these happen to be his religious a great nomination. same frequency as snow in Miami.’’ views. If you say you will not support His record has been visibly distorted Does that sound like the kind of state- him because of that, then you are dis- on the floor today. Let me take a few ment you want to hear from a man who criminating against his religion. minutes to rebut some of the charges is going to stand in judgment of cases That is an upside down view of the and arguments made by those opposing brought before him, cases that involve world. Whether Mr. Holmes’ views are Mr. Holmes’ nomination. Many of these the rights of women, the rights of vic- based on religious beliefs, personal be- were addressed in the morning in my tims of rape? liefs, cultural upbringing, or his life ex- opening statement and by others. Words count in life and in law. The periences, that is irrelevant. The basis I refer my colleagues to the excellent words of a judge determine the out- for his beliefs is not important. What is statement made by the Senator who come of a trial and the rights of the relevant is whether his beliefs and his knows him best, our colleague from Ar- parties in the courtroom. The words of reasoning will guide his decisions as a kansas—in fact, both colleagues from J. Leon Holmes convict him of insen- Federal judge, his values that influence Arkansas, Senators PRYOR and LIN- sitivity to some of the most basic his judicial philosophy. The real ques- COLN. Senator PRYOR worked with him issues in modern America. tion is, Are those beliefs reasonable, and associated with him. Both he and I know Mr. Holmes and I disagree on mainstream, commonsense beliefs? Senator LINCOLN support Mr. Holmes’ some critical issues, but that is not the How can you read what this man has confirmation. basis for my opposition. We have al- said about the issues of race and gender It seems kind of specious to make the ready confirmed 197 of President Bush’s and say that these are mainstream argument that nobody in their right nominees to the Federal bench. Trust views and he should have a lifetime ap- mind would support this man. There is me, the majority of them disagree with pointment to instill those views into no doubt Mr. Holmes has taken a pub- my positions on many issues, and I the decisions of the United States of lic stance on many issues while in pri- voted overwhelmingly because the America through its judicial system? vate life. He had a right to do so as an President has his right to choose his Those on the other side say this is all American citizen. We encourage citi- nominees. But of all of the attorneys in about religion. It is not. It is about a zens to play a role in the democratic Arkansas, and of all of the Republican candidate, a nominee for a judicial life- process. That is what Mr. Holmes has attorneys in the State of Arkansas, of time appointment. Our Constitution done. all of the conservative Republican at- only refers to religion in a few par- We all can recognize abortion is a torneys in the State of Arkansas, is ticular areas: First, it says there will very divisive issue in this body about this the best the White House can do? be no religious test to qualify to any which many persons feel strongly. The A man who cannot really distinguish office of public trust in the United issue today is not whether one view is the role of women in a modern society? States. Of course, in the first amend- right or wrong, but whether Mr. A man who so cavalierly dismisses the ment it says that Congress shall make Holmes is able to set aside his personal plight of a rape victim? This is a man no law respecting the establishment of views, whatever they may be, and act who needs a lifetime appointment to religion or prohibiting the free exercise as a judge should act. stand in judgment of others? The American Bar Association says, I asked him in a written question thereof. Mr. Holmes is entitled to his religious beliefs, as I am, as Senator by giving him the highest rating pos- about whether he would recuse himself sible, that he is able to do that. His in cases as a Federal district court HATCH is, as every Member of the Sen- ate is. But when his religious beliefs friends in Arkansas say he is. The judge if any of the anti-abortion orga- newspapers say he is. The two Senators nizations that he has represented or reach a point where they call into question whether he will be fair and from Arkansas, both Democrats, say he founded came into his court. He said is. Let me make a few points in this reno; he was going to stand in judgment balanced in his judicial capacity, that is an important public policy issue. We gard. of the same organizations that he Some of the statements Mr. Holmes founded and those that paid him. He must face it. To say that his beliefs, whether generated by religion or other- has made in the course of his activism would not recuse himself. are, without doubt, inflammatory. I also asked him a basic question wise, are inconsistent with mainstream They were made 24 years ago when he that we ask of all nominees. I asked: thinking in America is not antireligious. He is entitled to his reli- was 27 years of age. To his credit, Mr. Mr. Holmes, name 3 Supreme Court cases Holmes has apologized for his remark with which you disagree. gious beliefs. It is a statement that we about rape which he made 24 years ago He said: do not want to perpetuate those beliefs in the findings of a judge with a life- in the heat of the moment. As a citizen, I am troubled by the Supreme In response to a written question Court decisions in Dred Scott v. Sandford, time appointment. Mr. Holmes’ state- from Senator DURBIN, he wrote: Buck v. Bell, and Roe v. Wade, because in my ments, I am afraid, give us fair warning view each of those decisions failed to respect of what he will do as a judge. I have to acknowledge that my own rhet- the dignity and worth of the human person. Of all of the conservative Republican oric, particularly when I first became involved in the issue [of abortion] in 1980 and How could a person make that state- attorneys in Arkansas, why did it come perhaps some years thereafter, sometimes ment in response to that question and down to this man? I don’t think it is an has been unduly strident and inflammatory. say he will uphold the decision in Roe accident. I think it is a test. This The sentence about rape victims which was v. Wade, which is a basic right of pri- White House is testing this Senate to made in a letter to an editor in 1980 is par- vacy for women in America? That is see how far we can go, how far they can ticularly troublesome to me from a distance what Mr. Holmes said. In fairness to push us to put someone on the bench of 23 years later. Mr. Holmes, though, he has apologized who is clearly out of the mainstream of It was a year ago he wrote this an- for his statement about rape victims American thinking. swer. that ‘‘conceptions from rape occur with I yield the floor. Regardless of the merits of the issue, the the same frequency as snow in Miami.’’ Mr. HATCH. How much time re- articulation in that sentence reflects an in- When I asked about his statement, he mains? sensitivity for which there is no excuse and wrote back and said: The PRESIDING OFFICER. Fifteen for which I apologize. Regardless of the merits of the issue, the minutes. He was 27 years old. He was an activ- articulation in that sentence reflects an in- The Senator from Utah. ist in the pro-life cause. He has apolo- sensitivity for which there is no excuse and Mr. HATCH. Mr. President, I know gized over and over. Can we not as for which I apologize. the Senator from Illinois asked the adults accept his apology, or do we re- I think it is important that that question, Is this the best the White quire everybody to be perfect from 27 apology is on the record. Where is the House can do? In all honesty, I think years old or before and on?

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.074 S06PT1 S7562 CONGRESSIONAL RECORD — SENATE July 6, 2004 In an April 11, 2002, letter to Senator What do my colleagues need? Senator DURBIN, I think I will take St. Paul LINCOLN, Mr. Holmes explained in a LEAHY implied Leon Holmes has had every time, and I think most every- similar manner. some kind of confirmation conversion. body else in the country would, too. He In the 1980s I wrote letters to the editor That is the usual bullcorn that happens and his wife were quoting St. Paul. and newspaper columns regarding the abor- on the floor from time to time, espe- We have even had some indications tion issue using strident and harsh rhetoric. cially with regard to judicial nominees. that St. Paul was out of whack. Not ac- I am a good bit older now and, I hope, more I note that the overwhelming evi- cording to the Bible, in which I think mature as I was at the time. As the years dence, based on his own actions and most of us claim to believe. I will passed, I came to realize that one cannot letters of support, is Mr. Holmes is a choose St. Paul every time. By the convey a message about the dignity of the way, the article is why only males in human person, which is the message I in- man who respects the rule of law and is tended to convey, using that kind of rhetoric a man of integrity and will follow the the Catholic Church hold the priest- in public discussion. law. His colleagues say that. His hood. If one reads it fairly, that is what he was driving home. If one reads it Referring directly to his 1980 ‘‘snow women colleagues say that. People who fairly, one will find he was very fair to in Miami’’ remark—which has been differ with him personally on his views women and treated them equally, as more than plastered all over this place say that. They say he will respect the his partners. Democratic women in his today in spite of the case we made that law and follow it. law firm whom he mentored and tu- the remark was made years ago when Mr. Holmes is not nominated to the tored and helped and worked with and he was a young man, and he has more Supreme Court where the Justices, works with today have testified than prostrated himself in asking for such as Justice Thomas, Justice O’Con- through letters to us that they trust forgiveness—he said: nor, or other Justices, are required to review and sometimes vote to overturn him, believe in him. Even though they I do not propose to defend that sentence— previous decisions. Mr. Holmes, as a differ with his views in some matters, The sentence about ‘‘snow in district court judge, is bound by the they know he will follow the law be- Miami’’— Supreme Court and the appellate court cause they know he is devoted to the and I would not expect you or anyone else to determinations and precedents. law. do so. I also heard some criticism that was We ought to be able to give some Based upon this letter and the level raised by Senator FEINSTEIN from Cali- credibility to people of that quality of support Mr. Holmes enjoys in Arkan- fornia that Mr. Holmes placed the Roe who get the highest possible rating by sas, Senator LINCOLN reaffirmed her be- v. Wade decision in the same category the American Bar Association. That is lief that Mr. Holmes will be a fair as Dred Scott and Buck v. Bell, as Su- not always totally dispositive, I have judge, and so do the people of Arkansas preme Court decisions with which he to admit, but it certainly adds to the and anybody who knows him. disagrees. If he has, he has millions of belief of those of us who support this I share Senator LINCOLN’s views. The Americans who also disagree with man and the Democrat people down fact that Mr. Holmes recognizes his those three decisions, and I am one of there who also support him. Mr. words in the past were sometimes stri- them myself. Holmes enjoys the support of numerous dent and insensitive suggests to me he Let me give the full and complete an- women in Arkansas, including cowork- has undergone a maturation process for swer of Mr. Holmes on this issue. He ers and colleagues who know him best. There is a charge against Mr. which he is given no credit by the per- stated: fect people here in the Senate who are Holmes. Holmes does not have the tem- In my view, each of these decisions failed perament to be a Federal judge, some so willing to sit in judgment on state- to respect the dignity and worth of the ments made by 27-year-olds. I wonder human person. As a judge, I would follow have said. He has said that rape occurs how they would fare if all of their 27- every decision of the Supreme Court that has with the same frequency as snow in year-old statements were used to deter- not been subsequently overruled. Miami and compared abortion to the mine whether they could sit in the Even though he disagrees with Roe v. Holocaust. He has openly apologized for his 27- Senate. Wade, he will uphold it. I do not know year-old rhetoric: Mr. Holmes was questioned by my when this business of not believing peo- Democratic colleagues on many of the ple on this issue started to take place, The sentence about rape victims which was made in a letter to an editor in 1980 is par- issues they raised today. I thought his but it started back around the time of ticularly troublesome to me from a distance answers were very responsive, and I Justice Rehnquist’s nomination, and it of 23 years later. want to review them today so there is has been coming every year. And they He goes on to say: no further distortion of his record, be- say they do not have a litmus test. Regardless of the merits of the issue, the cause we have had plenty of that Give me a break. articulation in that sentence reflects an in- today. One can disagree with Mr. Holmes’ sensitivity for which there is no excuse and In response to another question by personal views, but one cannot credibly for which I apologize. Senator DURBIN, which was whether argue that he does not respect the su- That is a written response to Senator Mr. Holmes, as a judge, would restrict premacy of the laws laid down by the DURBIN. We cannot take his word for the rights granted by Roe v. Wade, Mr. Supreme Court. Everything the man that? He was 27 years old, a fervent be- Holmes responded: stands for says that. liever in the pro-life cause. Arkansans The judge is an instrument of the court Let me quickly turn to a few other holding strong pro-choice views uni- and hence the law. Thus, the judge’s personal issues raised today. I have already ad- formly attest that Holmes will set views are irrelevant. Roe v. Wade is the law dressed the issue regarding the charge aside any personal beliefs and follow of the land. As a judge, I would be bound by that Mr. Holmes is antiwomen. The ar- the law while on the bench. oath to follow that law. I do not see how a ticle he wrote with his wife—both of Holmes’ ‘‘well-qualified’’ rating judge could follow the law but restrict the them wrote it—was to discuss their fer- rights established by that law. shows he is at the top of the legal pro- vent belief in Catholic teachings re- fession in his legal community. He has I do not know what more he has to garding relationships. It was written outstanding legal ability, but listening say to show good faith, but he surely for his religious peers in the Catholic to the arguments today, one would said it there. In response to the ques- faith, published in a religious docu- think he is a total malcontent who tion, ‘‘Do you believe in and support a ment. It was not a statement of his does not believe in the law. He has a constitutional right to privacy?’’ Mr. legal views. breadth of experience and the highest Holmes responded: A fair reading of the article would reputation for integrity. He has dem- I recognize the binding force of the court’s show a support for the equality of onstrated or exhibited the capacity for holding in Griswold and Eisenstadt recog- women. I have read it a number of judicial temperament. nizing a right to privacy. I have never en- times. And by the way, if it comes gaged in political activity directed toward There is a charge that Holmes does overturning the result obtained in Griswold down to a choice between St. Paul and not believe in the separation of church or Eisenstadt. If I am confirmed by the Sen- my distinguished friend from Massa- and State. He said this: ate, I would follow the rulings of the Su- chusetts, Senator KENNEDY, or my dis- Christianity in principle cannot accept preme Court. tinguished friend from Illinois, Senator subordination to the political authorities,

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.076 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7563 for the end to which it directs men is higher Rather, he writes: The PRESIDING OFFICER (Mr. AL- than the end of the political order. [w]hen citizens believe that natural rights EXANDER). Are there any other Sen- That is what they say. He quoted are not safeguarded adequately by the ators in the Chamber desiring to vote? him, so he must not believe in the sep- present system of government, they may ex- The result was announced—yeas 51, aration of church and State. But what press that view in the electoral process, or nays 46, as follows: they may seek to amend the Constitution did he say? Holmes was contrasting [Rollcall Vote No. 153 Ex.] pursuant to Article V. Christianity with the pagan religions YEAS—51 about which Aristotle wrote in which Mr. Holmes has demonstrated, and his record demonstrates, that once he Alexander Dole McCain religious activities are political con- Allard Domenici McConnell cerns. The speech makes the point that dons the robes of a judge, he will set Allen Ensign Miller Christianity looks to an ultimate aside those beliefs and follow the law Bennett Enzi Nelson (NE) as it is stated. Mr. Holmes understands Bond Fitzgerald Nickles source of authority beyond Earthly au- Breaux Frist Pryor thority, and that is God. key differences between an advocate Brownback Graham (SC) Roberts I mean, give him a break. and a judge, and that personal views Bunning Grassley Santorum Holmes notes that the model of as- play no role in the duty of a judge to Burns Gregg Sessions abide by stare decisis and apply the Campbell Hagel Shelby signing religious and political matters Chambliss Hatch Smith to separate spheres is favored by mod- precedent of the Supreme Court and Cochran Inhofe Specter ern liberalism, including John Locke, Eighth Circuit. For those reasons, I be- Coleman Kyl Stevens Thomas Jefferson, and Alexis de lieve that Mr. Holmes will make an Cornyn Landrieu Sununu Craig Lincoln Talent Tocqueville, and the modern Catholic outstanding Federal district judge. Crapo Lott Thomas Church. He urges us not to miss the I close by yielding my last few min- DeWine Lugar Voinovich strengths of de Tocqueville’s argument utes to Senator PRYOR, a Member of NAYS—46 that the church is stronger when sepa- the Senate who knows Mr. Holmes the Akaka Dodd Levin rate from the State. Holmes offers his best. I believe we ought to listen to the Baucus Dorgan Lieberman own theological grounds for the separa- Senator from Arkansas. Bayh Durbin Mikulski tion of church and State, and yet one The PRESIDING OFFICER. The Sen- Biden Feingold Murray ator from Arkansas is recognized for 1 Bingaman Feinstein Nelson (FL) would think he was not. Boxer Graham (FL) Another charge is that Holmes is un- minute. Reed Byrd Harkin Reid willing to recuse himself from cases in- Mr. PRYOR. Mr. President, how Cantwell Hollings Rockefeller Carper Hutchison volving anti-abortion organizations or much time do we have remaining? Sarbanes Chafee Inouye Schumer abortion matters. He has pledged that: The PRESIDING OFFICER. There is Clinton Jeffords Snowe In any case in which litigants were con- 58 seconds remaining. Collins Johnson Stabenow cerned about my fairness and impartiality, Mr. PRYOR. I will be brief. Conrad Kennedy Corzine Kohl Warner or the appearance of impropriety, I would Earlier today, I read from 23 different Wyden take those concerns seriously. I would follow Daschle Lautenberg letters of people from Arkansas, law- Dayton Leahy 28 U.S.C. Section 455 and the Code of Conduct yers who practice with him, who sup- for United States Judges when making port him. Many of these statements are NOT VOTING—3 recusal decisions. inflammatory. I admit that. He admits Edwards Kerry Murkowski He would follow the law. He will that. He has apologized. Many of these The nomination was confirmed. abide by the same standards of conduct were done 15, 20, in one case 24 years Mr. GRASSLEY. I move to recon- that govern every Federal judge. ago. sider the vote and I move to lay that Since the issue of natural law has I hope we will tone down the rhet- motion on the table. been raised in discussing Mr. Holmes’ oric. If Senators vote for Leon Holmes, The motion to lay on the table was nomination, I want to set the record they are not antiwoman. If Senators agreed to. straight. vote against him, certainly they are f Some have expressed concern that not anti-Catholic. Let us have a Mr. Holmes seems to be a believer in straight up-or-down vote. LEGISLATIVE SESSION natural law and will allow those beliefs I encourage all of my colleagues to The PRESIDING OFFICER. Under to influence his rulings on the bench. vote for Leon Holmes. Over and over, the previous order, the Senate will re- The facts show otherwise. people in Arkansas who know him, who turn to legislative session. When asked if he believes that the repeatedly say they do not agree with Declaration of Independence estab- f him on many of these issues, think he lishes or references rights not listed or will be a fair, impartial, and an excel- CLASS ACTION FAIRNESS ACT OF interpreted by the Supreme Court to be lent member of the bench. 2004 in the Constitution, Mr. Holmes wrote: I ask my colleagues for their consid- The PRESIDING OFFICER. The I do not believe the Declaration of Inde- eration. clerk will report S. 2062. pendence establishes judicially enforceable rights. The PRESIDING OFFICER. All time The legislative clerk read as follows: has expired. Instead, he wrote: A bill (S. 2062) to amend the procedures Mr. HATCH. I ask for the yeas and that apply to consideration of interstate The Constitution as a whole is aimed at se- nays. class actions to assure fairer outcomes for curing the rights described as unalienable by The PRESIDING OFFICER. Is there a class members and defendants, and for other the Declaration of Independence. sufficient second? purposes. Mr. Holmes noted that: There is a sufficient second. The PRESIDING OFFICER. The Sen- Working all together, the entire system of The question is, Will the Senate ad- ator from Utah. government should . . . result in a free coun- vise and consent to the nomination of Mr. HATCH. Mr. President, I rise try, a country without tyranny, which, in the terms that the founders used, is equiva- J. Leon Holmes, of Arkansas, to be today to express my strong support for lent to saying a country in which natural United States District Judge for the the Class Action Fairness Act of 2004, rights generally are respected. Eastern District of Arkansas? which is now renumbered S. 2062, to ac- Mr. Holmes, however, cautions: The clerk will call the roll. The legis- commodate the bipartisan compromise we reached last November with Sen- [T]here is no constitutional authority for lative clerk called the roll. the courts to use the Declaration of Inde- Mr. McCONNELL. I announce that ators DODD, SCHUMER, and LANDRIEU. pendence to overrule the Constitution. The the Senator from Alaska (Ms. MUR- This improved bill embodies a carefully authority of the courts is granted by the KOWSKI), is necessarily absent. balanced legislative solution that re- Constitution, not the Declaration. Mr. REID. I announce that the Sen- sponds to some of the most outrageous He also wrote: ator from North Carolina (Mr. ED- abuses of the class action litigation de- No one branch of government can appeal to WARDS) and the Senator from Massa- vice in some of our State courts. natural rights as a basis for exceeding or al- chusetts (Mr. KERRY) are necessarily As anyone who has read the bill tering its authority under the Constitution. absent. knows, it restores fairness to the class

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.079 S06PT1 S7564 CONGRESSIONAL RECORD — SENATE July 6, 2004 action system. Among other things, it We are talking about people such as have spent many sleepless nights wondering eliminates the opportunity that exists Martha Preston of Baraboo, WI, as evi- if my business would survive the tidal wave in the current system for unscrupulous denced by this picture of her. Martha of lawsuits cresting over it. lawyers to profit by victimizing injured was involved in the infamous Critics have argued the Senate parties with sham settlements. It takes BancBoston case, brought in Alabama should vote this bill down because it away the opportunity for those lawyers State court, which involved the bank’s amounts to nothing more than special to use the system to extort legitimate alleged failure to post interest to mort- interest legislation. These critics are businesses for their personal financial gage escrow accounts in a prompt man- dead wrong and stand in desperate need gain. ner. Ms. Preston received a settlement of a reality check. To be perfectly Throughout the years, Congress has of about $4. Approximately $95 was de- clear, it is because of the wrongs com- received powerful evidence showing an ducted from her account to help pay mitted against everyday American con- extraordinary concentration of large the class action fees of $8.5 million. sumers such as Irene Taylor and Mar- interstate class action lawsuits in a This is the Bank of Boston chart, a tha Preston that the time has come for handful of outlier State courts—cer- perfect illustration of class action the Senate to pass class action reform. tain county courts, to be precise. The abuses going on in this country as we It is because of the victimization of in- evidence further shows these outlier speak. A Bank of Boston settlement nocent people like Hilda Bankston that courts operate in a manner that de- over disputed accounting practices pro- the Senate needs to act now, and it is prives the rights of truly injured indi- duced $8.5 million in attorneys’ fees— because of the public’s collapsing con- vidual plaintiffs, as well as defendants. costing the class members as much as fidence in our civil justice system that In too many cases, the families have $95, which was deducted from their ac- we need to pass this bill without fur- fallen prey to the manipulation, and in counts. The plaintiffs’ attorneys in this ther delay. Arguments being raised to some cases outright evasions, by cer- case later sued class members for an the contrary are red herrings that dis- tain plaintiffs’ lawyers of the settled additional $25 million. I do not care tort the real truth of the matter. The rules supposed to ensure basic fairness who you are, you have to say that is class action problem is real and signifi- during the major interstate class ac- outrageous. cantly affects the general public. The Class Action Fairness Act rep- tion disputes. Too often, judges ap- Ms. Preston testified before the Judi- resents a modest and balanced solution prove settlements that primarily ben- ciary Committee 5 years ago asking us to the class action problems. There are efit the class action attorneys rather to halt these abusive class action lawsuits, but it appears that, at least so two core features to the legislation. than the injured class members. First, the bill implements consumer Indeed, it has become all too common far, her plea has fallen on very deaf protections against abusive settle- for certain State courts to approve pro- ears. Class action abuses are far-reaching, ments by, No. 1, valuing attorneys’ fees posed settlements where class members so far-reaching that they affect non- in coupon settlements to those coupons receive little or nothing of value, such consumers as well. Take, for instance, that are actually redeemed by class as meaningless coupons, while their at- Hilda Bankston, a hard-working Amer- members; No. 2, providing a standard torneys rake in millions of dollars in ican, shown in this picture, who came for judicial approval of settlements fees. that would result in a net monetary It is one of the new games in litiga- to this country seeking to fulfill the American dream. Hilda found that in- loss to plaintiffs; No. 3, prohibiting set- tion practice in America. It is a dis- stead of reaping the rewards that nor- tlements that favor class members grace caused by a relatively small few mally come with hard work, she was based upon geographic proximity to in the legal profession but enough to unmercifully dragged into hundreds of the courthouse; and, No. 4, requiring make it a matter of great concern. lawsuits filed by personal injury law- notice of class action settlements be This bill would clarify and solve some yers in the State of Mississippi. Why? sent to appropriate State and Federal of these problems. authorities to provide them with suffi- To make matters worse, multiple She owned the only drugstore in Jeffer- son County—a county known for cient information to determine wheth- class action lawsuits asserting the hosting one of the most notorious mag- er the settlement is in the best interest same claims on behalf of the same net courts in the country. of the citizens they represent. plaintiffs are routinely filed in dif- Her small business became a prime Second, the bill corrects a flaw in the ferent State courts, thus creating judi- target for forum-shopping personal in- current Federal diversity jurisdiction cial inefficiencies and encouraging col- jury lawyers in pharmaceutical cases, statute so the class actions with a lusive settlement behavior. Unfortu- not because her business committed truly interstate impact are adjudicated nately, the injuries caused by these acts of negligence, and certainly not where they originally should be adju- abuses are not confined to the parties because her business had deep pockets dicated, and that is in our Federal who are named in the class action com- to pay a large jury award or a lucrative courts. Specifically, S. 2062 amends the plaint. Rather, they extend to every- settlement. To the contrary, they were diversity of citizenship jurisdiction day consumers who unwittingly get sued, in this particular case, for the statute to allow larger interstate class dragged into these lawsuits as sole purpose of evading Federal court actions to be adjudicated in Federal unnamed class members simply be- jurisdiction so the class action lawsuit court by granting original jurisdiction cause they purchased a cell phone, could remain in State court. in class actions where there is ‘‘mini- bought a box of cereal, drove a car Why would personal injury lawyers mal diversity’’ and the aggregate fitted with a certain brand of tires, or go to such trouble to keep a class ac- amount in controversy among all class rented a video. What we are talking tion in State court? Because unlike our members exceeds $5 million. about is a system that impacts the Federal courts which have judges who The bill also balances the States’ in- vast majority of people who live in this are insulated from political influence terest in adjudicating local disputes by country, not only lawyers and some through lifetime appointments, many providing that class actions filed in the businesses, as some have wrongly sug- State court judges are elected officials home State of the primary defendants gested. who answer through the political proc- remain in State court subject to a tri- We are talking about people such as ess itself. ple-tiered formula that looks at the Irene Taylor of Tyler, TX, who was Even though Ms. Bankston no longer composition of the plaintiffs’ class cheated out of approximately $20,000 in owns the drugstore, she continues to be membership. This formula become a telemarketing scam that defrauded named a defendant in these lawsuits known as the Feinstein compromise, senior citizens out of more than $200 today and is buried under a mountain which we were able to reach with Sen- million. of discovery requests because of the ator FEINSTEIN during the Judiciary This is a picture of Irene Taylor. In a litigation. On a more personal level, Committee markup on the bill. class action brought in Madison Coun- Ms. Bankston told us about how this Moreover, after negotiations with ty, IL, the attorneys purportedly rep- ordeal has affected her both personally Senators DODD, SCHUMER, and resenting Ms. Taylor negotiated a pro- and professionally. She testified that: LANDRIEU last November, we were able posed settlement which excluded her [N]o small business should have to endure to reach consensus on further refine- from any recovery whatsoever. the nightmares I have experienced. . . . I ments that allow truly local disputes

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.081 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7565 involving principal injuries within the ous amendments to the bill, many of tem, abuses that are actually hurting forum State to be adjudicated in the which will have nothing to do with the those in the system we are supposed to State courts. subject of class action. Look, we know help. Now that I have summarized what this bill is going to be used as an at- This is an important bill. We have the bill does, let me explain what it tempt to bring up all kinds of political worked long and hard to get to this does not do. First, this bill does not amendments for the purpose of scoring point. I hope with all my heart that eliminate all State court class action political points. I wish my colleagues our colleagues on both sides will live litigation. Class action suits brought in wouldn’t do that on a bill this impor- up to the commitments they have State courts have proven in many con- tant. Naturally, some of them want to made and that we can pass this bill and texts to be an effective and desirable adopt some of these amendments so solve some of these terrible problems. tool for protecting consumer rights, they can kill this bill. Others just want I yield the floor. nor do the proposed reforms in any way a shot at making Senators vote on po- The PRESIDING OFFICER. The Sen- diminish the rights or practical ability litical issues that they think will be ator from Vermont. of victims to band together to pursue embarrassing to them. I would hope we Mr. LEAHY. Mr. President, the cur- their claims against large corpora- would concentrate on the bill because rent version of class action legislation tions. In fact, we have included several it is important, and if there are legiti- has undergone a number of changes consumer-protection provisions in our mate amendments, certainly we will since it was reported by the Judiciary legislation that I believe will substan- give every consideration to them. Committee. Some of these changes tially improve plaintiffs’ chances of While I understand the desire to fol- have been improvements. I want to achieving a fair result in any proposed low regular order, I would like to note note that. Some have not. I know that settlement. that this bill rests on a delicate bipar- Senators DODD, LANDRIEU, SCHUMER, My summary of the bill should not tisan compromise that at least on KOHL, and CARPER negotiated some come as a surprise to anyone here be- paper commands a supermajority of procedural improvements to S. 1751. I cause these reform efforts have an ex- votes—beyond 60—to overcome a believe these do help. I appreciate their tensive history in this body. Most im- Democratic filibuster. But with each efforts to rein in some of the worst as- portantly, this bill maintains strong controversial measure added to this pects of the bill. support from several Members on the bill, we all know it is less likely to be- For example, these improvements re- other side of the aisle. In this regard, I come law. That is after 5 years of very stricted the use of worthless coupon extend a special thanks to Senators hard work and an agreement by 62 settlements. I agree with that. To hear CARPER, KOHL, and MILLER for their Members of this body who have signed some of the commentators about this tireless efforts in pushing for class ac- on to this bill up front to see that it bill, you would think that was not in tion reform. Their commitment has passes. As such, I urge my colleagues, there, but I want everybody to know it helped us to get where we are today especially those who have supported is. They also eliminated some provi- with this bill, and I look forward to class action reform, to limit and op- sions that were harmful to civil rights their efforts in the coming days to pose amendments so we can move an and consumer plaintiffs who endure keep the focus on passing this much- important bipartisan measure through hardships as a result of initiating and needed compromise legislation without the Senate. pursuing litigation. becoming mired in extraneous amend- Again, while I expect opponents of But in other aspects, the compromise ments. this bill to do everything in their failed to achieve their intended goals. I also thank my colleagues—Senators power to gut and weaken the bill, I For example, one provision seeks to re- SCHUMER, DODD, and LANDRIEU—for trust that my Democratic colleagues duce the delay plaintiffs can experience working with us in good faith to build who support class action reform will when a case is removed to Federal a stronger bipartisan consensus for this remain faithful to the bipartisan deal court. It sets a time limit for appeals bill. As you may know, we fell one vote by vigorously opposing these amend- and remand orders. But there is not a shy of invoking cloture, on getting 60 ments that will likely be offered in the concomitant measure that would set a votes, last year. These three Members, coming days. That is what we do when timeline for the district court to rule who originally voted against the bill we agree to a settlement. We agree to on the actual remand motion. presented us with a detailed list of work to stop all poison pill amend- This may seem like a bit of arcane issues they wanted resolved before they ments, and we agree to work to stop lawyer’s jargon, but it is a lot more could support class action reform legis- amendments that those who made the than that. It means that you could be lation. After extensive discussions last a plaintiff, be in State court legiti- November, we responded in good faith agreement to begin with do not agree mately. You suddenly get plucked out to each and every concern they raised with. Class action reform is long overdue, of State court. But then they could put by making the appropriate changes and it is now time for us to act. We you on the Federal docket. Somebody that are now embodied in S. 2062. I look forward to continuing the good have considered legislation for many could say, OK, we are just going to faith that was displayed last November years now, and the pattern of abuse has leave it there year after year after year as we proceed on this bill. become clear. What once began as an after year, and there is nothing you Opponents of this legislation would, occasional outrageous class action set- could do about it. There is no recourse. no doubt, like to derail it by bogging it tlement has now become a routine oc- I understand that Senator FEINGOLD down in the amendment process. I look currence. There are jurisdictions in will offer an amendment to set a rea- to the leadership of my Democratic this country, State jurisdictions and sonable time limit for the district colleagues who have worked with me local jurisdictions, that border on cor- court to rule on these remand orders. on getting this legislation to where it ruption, that literally don’t care what It seems like common sense. Rule them is, and to others who are serious about the facts are, don’t care what the law up or rule them down, but have a time ending the victimization of American is. They are just going to give the to do it. I hope all Senators will sup- consumers, to do all they can to pre- plaintiffs’ attorneys whatever they port him. vent this from happening. want. The plaintiffs’ attorneys have In addition, I am disturbed the bill Above all, I look to the leadership of caught on to it, so they forum shop to may deny justice to consumers and Senator GRASSLEY, who was the origi- these outrageous jurisdictions so they others in class actions involving mul- nal sponsor of this bill and who de- can get judgments and verdicts far be- tiple State laws. The recent trend in serves a lot of credit for having fought yond what they could ever get in a ju- the Federal courts is to not certify this bill through in such a magnificent risdiction that treated the law with re- class actions if multiple State laws are way through all of these years. He is a spect. involved; thus, the class action bill gutsy guy. He stands for what he be- The legislation we are considering could force nationwide class actions lieves. He deserves a lot of the credit would fix all of these problems. I would into Federal court and then just be dis- for this bill. consider it a shame if we allowed par- missed for involving too many State In the coming days, I fully expect tisan politics to kill much-needed re- laws. It is kind of a way of making sure that some Members will offer numer- form of the abuses in the current sys- that you never reach the merits of the

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.083 S06PT1 S7566 CONGRESSIONAL RECORD — SENATE July 6, 2004 case, whether in Federal courts or litigation where they occur. But sim- of California, Illinois, Iowa, Maine, State courts, because you could get rid ply shoving most suits into Federal Maryland, Massachusetts, Minnesota, of it on a technicality. I understand court will not correct the real prob- Montana, New Mexico, New York, Senator BINGAMAN has an amendment lems faced by plaintiffs and defendants. Oklahoma, Vermont, and West Virginia to prevent this from happening. I We have done something like this by in opposition to S. 2062 be printed in would support that. taking a whole lot of criminal matters the RECORD. I am also concerned with provisions that should easily be handled in State There being no objection, the mate- contained in the most recent iteration courts and put them into the Federal rial was ordered to be printed in the of this class action bill before the Sen- courts, and the Federal courts are so RECORD, as follows: ate. I try to keep up with it, but it overloaded they don’t get to either the STATE OF NEW YORK, keeps undergoing so many changes. criminal or civil cases. OFFICE OF THE ATTORNEY GENERAL, But this latest part would deprive Our State-based tort system has Albany, NY, June 22, 2004. Vermonters of the right to band to- grown over 200 years. It remains one of Hon. BILL FRIST, gether to protect themselves against the greatest and most powerful vehi- Majority Leader, U.S. Senate, Dirksen Senate violations of State civil rights, con- cles for justice anywhere in the world. Office Building, Washington, DC. sumer, health, and environmental pro- One reason for that is the availability Hon. TOM DASCHLE, tection laws in their own State courts. of class action litigation to let ordi- Minority Leader, U.S. Senate, Hart Senate Of- What it is saying is, we here in the nary people band together to take on fice Building, Washington, DC. Senate can make a far better judgment DEAR MR. MAJORITY LEADER AND MR. MI- powerful corporations or, in some NORITY LEADER: On behalf of the Attorneys than the people of Vermont going into cases, even their own Government. No- General of California, Illinois, Iowa, Maine, State courts on State matters or the body has the money by themselves to Maryland, Massachusetts, Minnesota, Mon- people of Tennessee going into Ten- take on the Government. Nobody has tana, New Mexico, New York, Oklahoma, nessee court on a Tennessee matter. the money by themselves to take on Vermont, and West Virginia, we are writing I hear so many speeches about how some multibillion-dollar corporation. in opposition to S. 2062, the so-called ‘‘Class we have to protect our States and keep Banding together, sometimes they can. Action Fairness Act,’’ which reportedly will the heavy hand of government from Defrauded investors, deceived con- be scheduled for a vote in the next few them, but basically we are saying that sumers, victims of defective products, weeks. Although S. 2062 has been improved if a group of people, say, in Iowa, want environmental torts, and thousands of in some ways over similar legislation considered last year (S. 274), it still unduly limits to band together to protect themselves other people are currently able to ac- the right of individuals to seek redress for against a violation of State civil rights cess class action lawsuits in their corporate wrongdoing in their state courts. or consumer or health or environ- State court system to seek and receive We therefore strongly recommend that this mental protection laws, and do it just justice. They can band together to af- legislation not be enacted in its present in their own State courts, they can’t do ford a competent lawyer. Whether they form. it because the U.S. Senate has figured are getting together to force manufac- As you know, under S. 2062, almost all we know a lot better than the people of turers to recall products or to clean up class actions brought by private individuals Iowa or Tennessee or Vermont. after devastating environmental harm in state court based on state law claims This bill continues to deprive citizens would be forced into federal court, and for or to vindicate basic civil rights, they the reasons set forth below many of these of the right to sue on State law claims are using class action. We should not cases may not be able to continue as class in their own State courts if the prin- try to make it more difficult or costly actions. All Attorneys General aggressively cipal defendant is a citizen of another for them to right those wrongs, al- prosecute violations of our states’ laws State, even if that defendant has a sub- though many people who cause the through public enforcement actions filed in stantial presence in the plaintiff’s wrongs would love us to put roadblocks state court. Particularly in these times of home State and even if the harm done in the way. state fiscal constraints, class actions provide was in the plaintiff’s home State. In So the so-called Class Action Fair- an important ‘‘private attorney general’’ other words, you might have somebody ness Act falls short in the expectation supplement to our efforts to obtain redress from State A, but they have invested a set by its title. It is going to leave for violations of state consumer protection, civil rights, labor, public health and environ- huge amount in the second State. They many injured parties who have valid mental laws. are involved in things in that second claims with no way to seek relief. Class We recognize that some class action law- State. They do something in that sec- action suits have enabled our citizens suits in state and federal courts have re- ond State. They may deprive citizens to receive justice and expose wrong- sulted in substantial attorneys’ fees but of their rights in that second State, doing by corporations and their own minimal benefits to the class members, and and they can’t sue in that State. I un- Government. It has given the average we support targeted efforts to prevent such derstand that Senator BREAUX intends American a local venue and a chance. abuses and preserve the integrity of the class to offer an amendment to keep these This legislation may be the last au- action mechanism. However, S. 2062 fun- in-State class actions in State courts. thorization bill the Senate considers damentally alters the basic principles of fed- eralism, and if enacted would result in far They should be. this year. We have only passed one ap- greater harm than good. It therefore is not I am also troubled by the scope of the propriations bill for the upcoming fis- surprising that organizations such as AARP, legislation in that it federalizes a lot cal year. The Senate has so few days AFL–CIO, Consumer Federation of America, more than class actions. This goes way left. Can you imagine that? There are Consumers Union, Leadership Conference on beyond class actions. Despite the fact 14 appropriations bills and we have Civil Rights, NAACP and Public Citizen all that such a provision was struck from only passed 1. We have not passed a oppose this legislation in its present form. the bill during markup in the Judiciary budget yet. I think that is supposed to 1. Class Actions Should Not Be ‘‘Federal- Committee, mass torts now again are be done in March or April. We are not ized’’ included in the bill. This expansion going to do our appropriations bills. S. 2062 would vastly expand federal diversity jurisdiction, and thereby would result in simply amplifies the harm done to citi- Everybody knows that. Someone will most class actions being filed in or removed zens’ rights and to the possibility of write a huge omnibus bill with the to federal court. This transfer of jurisdiction vindicating those rights in their own White House and try to cram it in cases raising questions of state law will State courts. through. So I think because this is the inappropriately usurp the primary role of Some special interest groups are dis- last authorization bill, you are going state courts in developing their own state torting the state of class action litiga- to have Senators on both sides of the tort and contract laws, and will impair their tion by relying on a few anecdotes in aisle with both germane and non- ability to establish consistent interpreta- an ends-oriented attempt to impede germane amendments. tions of those laws. There is no compelling plaintiffs bringing class action cases. It So we will vote and see where we go. need for such a sweeping change in our long- will make a lot of money in radio and There were improvements made. We established system for adjudicating state law issues. Indeed, by transferring most state TV stations. The ads are designed to showed we could make improvements. court class actions to an already overbur- actually be seen or heard only by 535 But as soon as it started really being dened federal court system, this bill will people—Members of Congress. improved, the doors got slammed shut. delay (if not deny) justice to substantial I think we should take steps to cor- I ask unanimous consent that a let- numbers of injured citizens. The federal judi- rect actual problems in class action ter on behalf of the attorneys general ciary faces a serious challenge in managing

VerDate jul 14 2003 05:59 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.086 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7567 its current caseload, and thus it is no sur- our nation’s system of justice that will dis- probably have an opportunity to say a prise that the Judicial Conference of the enfranchise individual citizens from obtain- few words tomorrow. I find that the United States has opposed the ‘‘federaliza- ing redress for harm, and thereby impede ef- summertime laryngitis is coming back, tion’’ of class action litigation. forts against egregious corporate wrong- S. 2062 is fundamentally flawed because doing. Although the Attorneys General of and I see my dear friend from Iowa on under this legislation, most class actions California, Illinois, Iowa, Maine, Maryland, the floor. brought against a defendant who is not a Massachusetts, Minnesota, Montana, New I yield the floor. ‘‘citizen’’ of the state will be removed to fed- Mexico, New York, Oklahoma, Vermont, and The PRESIDING OFFICER. The Sen- eral court, no matter how substantial a pres- West Virginia oppose S. 2062 in its present ator from Iowa is recognized. ence the defendant has in the state or how form, we fully support the goal of preventing Mr. GRASSLEY. Mr. President, I am much harm the defendant has caused in the abusive class action settlements, and would pleased that Majority Leader FRIST has state. While the amendments made last fall be willing to provide assistance in your ef- called up the Class Action Fairness give the federal judge discretion to decline fort to implement necessary reforms while maintaining our federal system of justice Act. I have been working on this bill jurisdiction in some cases if more than one- since the 105th Congress, so I think it third of the plaintiffs are from the same and safeguarding the interests of the public. state, and place additional limitations on Sincerely, is about time the Senate completes ac- the exercise of federal court jurisdiction if ELIOT SPITZER, tion on this bill. more than two-thirds of the plaintiffs are Attorney General of My colleagues will recall that in Oc- from a single state, even in those cir- the State of New tober of last year Senator FRIST cumstances there are additional hurdles that York. brought this bill to the floor, but we frequently will prevent the case from being W.A. DREW EDMONDSON, were not able to proceed to the bill be- Attorney General of heard in state court. cause of filibuster, and we lost the vote 2. Many Multi-State Class Actions Cannot the State of Okla- Be Brought in Federal Court homa. on cloture on the motion to proceed by Another significant problem with S. 2062 is Mr. LEAHY. Mr. President, I ask just a one-vote margin. A super- that many federal courts have refused to cer- unanimous consent that an editorial in majority of 60 votes was needed. We tify multi-state class actions because the today’s New York Times in opposition had 59 votes which, obviously, means court would be required to apply the law of be printed in the RECORD. that last fall we had enough votes to different jurisdictions to different plain- There being no objection, the mate- pass the legislation but could not get tiffs—even if the laws of those jurisdictions rial was ordered to be printed in the around the filibuster. are very similar. Thus, cases commenced as When you are up against a filibuster, state class actions and them removed to fed- RECORD, as follows: eral court may not be able to be continued as [From the New York Times, July 6, 2004] you have to work out issues because class actions in federal court. CLASS-ACTION UNFAIRNESS nothing in the Senate gets done that is In theory, injured plaintiffs in each state A mischievous bill masquerading as an ef- not done in a fairly broad bipartisan could bring a separate class action lawsuit in fort to reform the system of class-action way. Since then, I have worked in good federal court, but that defeats one of the lawsuits is headed for the Senate floor this faith with Senator HATCH, chairman of main purposes of class actions, which is to week. The bill would tilt the civil justice the Judiciary Committee, and our lead conserve judicial resources. Moreover, while system in favor of corporations and against Democratic cosponsors, Senator KOHL the population of some states may be large consumers, the environment and public and Senator CARPER, to modify the bill enough to warrant a separate class action in- health. Democrats blocked a nearly identical volving only residents of those states, it is measure by just one vote last October, Since to address a number of concerns raised very unlikely that similar lawsuits will be then, three Democratic senators—Mary by their colleagues on the Democratic brought on behalf of the residents of many Landrieu of Louisiana, Christopher Dodd of side, Senators DODD, LANDRIEU, and smaller states. We understand that Senator Connecticut and Charles Schumer of New SCHUMER. Jeff Bingaman will be proposing an amend- York—have agreed to switch sides to support These Senators are now satisfied ment to address this problem, and that the bill in exchange for certain improve- with the changes we made to this bill. amendment should be adopted. ments in it. We reintroduced the legislation this 3. Civil Rights and Labor Cases Should be Unfortunately, those improvements would Exempted not cure the bill’s core defect: namely, that year as S. 2062. So the bill before us Proponents of S. 2062 point to allegedly it would move almost all major class-action goes even further in terms of compro- ‘‘collusive’’ consumer class action settle- lawsuits to overburdened federal courts from mising on the issues than were brought ments in which plaintiffs’ attorneys received state courts. Such a shift is likely to delay before the Senate last October—enough substantial fee awards, while the class mem- or deny justice in numerous instances, and, action, I hope, that we can get to final- bers merely received ‘‘coupons’’ towards the ultimately, to dilute the impact of the ity within a few days. purchase of other goods sold by defendants. strong consumer protection laws in many As many colleagues may already If so, then this ‘‘reform’’ should apply only states. know, this bill has gone through many to consumer class actions. Class action A letter to Congress representing the views treatment provides a particularly important of 13 state attorneys general, including Eliot changes and mostly changes to accom- mechanism for adjudicating the claims of Spitzer of New York, makes this point em- modate the minority in the Senate, a low-wage workers and victims of discrimina- phatically. It goes on to note that the bill’s few Democratic Senators. I have tion, and there is no apparent need to place sweeping provisions moving state class ac- worked in good faith with my col- limitations on these types of actions. Sen- tions to federal courts would not only leagues on the other side of the aisle to ator Kennedy reportedly will offer an amend- threaten individual plaintiffs but would also bring people together and to address ment on this issue, which also should be trespass on traditional principles of fed- valid concerns to increase support for eralism. adopted. this bill, especially to get over the hur- 4. The Notification Provisions Are Mis- Should the Senate measure be passed, it guided would have to be reconciled with an even dle of the supermajority of 60 to get to S. 2062 requires that federal and state regu- more damaging House bill, which would stop debate and get to finality. lators be notified of proposed class action apply retroactively to pending class-action To tell you the truth, Mr. President, settlements, and be provided with copies of cases. The best result would be for the Sen- I really didn’t think we needed to make the complaint, class notice, proposed settle- ate to defeat the bill and go back to the any changes in this class action bill ment and other materials. Apparently this drawing board. At the very least, however, it that we originally introduced this Con- should limit the damage by approving cor- provision is intended to protect against ‘‘col- gress—in other words, last year. I lusive’’ settlements between defendants and rective amendments being offered by Sen- plaintiffs’ counsel, but those materials would ator Jeff Bingaman and others to lessen the thought then, and I think now, that be unlikely to reveal evidence of collusion, disadvantage to plaintiffs. the original introduction was a pretty and thus would provide little or no basis for No one disputes that certain provisions of good bill. But, of course, being a pretty objecting to the settlement. In addition, the bill address real class-action abuses, good bill in my judgment doesn’t mean class members could be misled into believing foremost among them the collusive settle- it has enough votes to get that super- that their interests are being protected by ments that benefit plaintiffs’ lawyers while shortchanging their clients. But taken as a majority and get the compromise that their government representatives, simply be- is necessary to get to finality. So in cause the notice was sent to the Attorney whole, the bill before the Senate isn’t genuine tort reform. It is mostly a gift to order to move the class action bill for- General of the United States and other fed- wealthy special interests that is mislabeled eral and state regulators. ward, I did my best to listen to the Equal access to the American system of as reform. issues raised and to make modifica- justice is a foundation of our democracy. S. Mr. LEAHY. Mr. President, I see tions to the bill where there was room 2062 would effect a sweeping reordering of other Senators seeking the floor. I will for compromise.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.025 S06PT1 S7568 CONGRESSIONAL RECORD — SENATE July 6, 2004 Yet S. 2062 still retains the goals I action cases that are going to impact years, both the House and Senate Judi- wanted to achieve and other cosponsors people all across our country? Those ciary Committees have convened nu- wanted to achieve; that is, to fix some cases ought to be decided in a Federal merous hearings on these class action of the more egregious problems that we jurisdiction. This present system has abuses and, more importantly, high- are seeing in the class action system, never made sense to me. lighting the need for reform. The House and to provide a more legitimate forum To further compound the problem, passed similar versions of class action for nationwide class action lawsuits. the present rules are easily gamed by bills in several Congresses with very The deal we have struck is a very unscrupulous lawyers who steer class strong bipartisan support. carefully crafted compromise that action cases to certain State-preferred In the Senate, in the 105th Congress, should not need any further modifica- courts where judges are quick to cer- I held a hearing on class action abuse tions. So I am asking my colleagues to tify a class and approve settlements in the Judiciary Committee’s Adminis- withhold offering amendments to avoid with little regard to class members’ in- trative Oversight Subcommittee. In disrupting the balance we have terests and the parties’ due process the 106th Congress, my subcommittee achieved. I also hope we will not see a rights. held another hearing on class action, lot of nongermane amendments offered We have heard of class action lawyers and the Judiciary Committee, at that to this bill—meaning nothing to do manipulating case pleadings to avoid time, marked up and reported out our with this legislation. Under the rules of removal of a class action lawsuit to class action legislation. The Judiciary the Senate, they can be offered but Federal court, claiming that their cli- Committee held a hearing on class ac- they are very distracting. We ought to ents suffered under $75,000 in damages, tion abuse again in the 107th Congress keep our focus upon the class action in order to avoid the Federal jurisdic- and again in this 108th Congress. The system reform. Instead, we should tion amount threshold in existing law. Judiciary Committee marked up the focus on the germane amendments, get We have also heard of class action bill which is before the Senate. this bill done, and move on. We should lawyers crafting lawsuits in such a way Chairman HATCH, Senator KOHL, and not get all caught up in message to defeat the complete diversity re- I worked closely with Senator FEIN- amendments that will do nothing but quirements by ensuring that at least STEIN to make sure that more in-State play politics and delay all the hard one named class member is from the class actions stayed in State court. work that we put into this bipartisan same State as one of the defendants, compromise bill. So I hope we can pass That was a compromise to garner a lit- even if every other class member is tle more bipartisan support at that this bipartisan class action bill with- from a different State. out changes and without any further time. These are only a couple of the games- We also worked closely with Senator delay. manship tactics that we hear lawyers SPECTER, albeit a Republican but a per- The reality is that the class action like to utilize to bring down an entire system is broken and we should do son who had some questions about this class action legal system. The fact is, legislation, to make sure that his con- something about it. The current class many of these class action cases are action system is rife with problems cerns relative to class actions were adjust frivolous lawsuits that are cooked dressed. which have undermined the rights of up by lawyers to make a quick buck, The bill was approved by the Judici- both plaintiffs and defendants. Class with little benefit to class members ary Committee with solid bipartisan members are often in the dark as to whom the lawyers are supposed to be support. Late last year, we worked what their rights are, with the class representing. with Senators SCHUMER, DODD, and lawyers, driving the lawsuits and the This is a real drag on the economy. LANDRIEU to address concerns they settlements, with their interests as Many a good business is being hurt by raised and to get them on board. Those much in mind as those of members of frivolous litigation costs. Unfortu- Senators joined us in the introduction the class. nately, the current class action rules Class members receive court and set- of the numbered bill before us, S. 2062, are contributing to the cost of busi- tlement notices in hard-to-understand in February of this year in a bipartisan nesses across America and particularly legalese. The notices are written in show of support for class action reform. hitting hard small businesses that get small print and in confusing legal jar- caught up in the class action web. I wanted to elaborate on the history gon so class members often do not un- Too many frivolous lawsuits are of this bill so my colleagues were derstand their rights or, more impor- being filed and too many good compa- aware of the tremendous amount of tantly, the consequences of their ac- nies and consumers are having to pay time, over almost a decade, that Con- tions with respect to the class action for lawyer greed. We need to restore gress has spent studying the problem lawsuit of which they are a part. some commonsense reform to our legal with our class action system and all Furthermore, many class action set- the work and compromises that we put tlements only benefit lawyers, with lit- system, and this legislation does it. It should have been done years ago. into this bipartisan bill to hopefully tle or nothing going to the members now get it passed. who have been harmed. We are all fa- So my colleagues understand, then, why Senator KOHL of Wisconsin and I I will highlight some of the changes miliar with class action settlements that we made to the bill to increase bi- where the members get a coupon of lit- originally joined forces several Con- partisan support since Senator KOHL tle or no value, and the lawyers get all gresses ago—too long ago—to do something about these runaway abuses, and and I introduced the first Class Action the money available in the settlement Fairness Act several years ago. agreement. We know that is not pro- the only thing standing between us and The bill, as was originally intro- tecting the consumers of America. success several years ago was the pow- In addition, the current class action erful influence of personal injury law- duced, did several things. It required rules are such that the majority of the yers within our political system. that notice of proposed settlements in large nationwide class action lawsuits The Class Action Fairness Act will all class actions, as well as all class no- can only proceed in State court when address some of the more egregious tices, be in clear, easily understood they are clearly the kinds of cases that problems within our class action sys- English and include all material settle- should be decided in our Federal courts tem, and it will, at the same time, pre- ments and the terms of those settle- because they have nationwide implica- serve class action lawsuits as an impor- ments, including amount and source of tions. tant tool to bring representation to the attorney’s fees. Mr. President, you At least these class action lawsuits unrepresented. should not have to be a lawyer to un- should have had an opportunity to be I remind my colleagues of all the derstand what you are suing about and heard in Federal court because usually time that was spent working on finding what your cause is and what is going to they are the cases that involve the a fair solution to the class action prob- happen to attorney’s fees and other most amount of money, citizens from lem. For the past four Congresses, Sen- issues in the settlement. Presently, it all across the country, and issues of na- ator KOHL, Senator HATCH, and others is pretty complicated to understand tionwide concern. have joined me in studying the abuses that situation. Why should a State court or a county in the class action system and working Because plaintiffs give up their right court be deciding these kinds of class to solve these problems. Over the to sue by joining a class action, they

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.091 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7569 have a right to understand the rami- provision dealing with the dismissal of The bottom line is class action re- fications of their actions in joining a cases that failed to meet rule 23 reform is badly needed. Both plaintiffs class. quirements so that existing law con- and defendants alike are calling for Then our bill required that State at- tinues to apply. change. The Class Action Fairness Act torneys general, or other responsible We deleted a provision allowing will help curb many problems that State government officials, be notified plaintiff class members to remove class have plagued the class action system. of any proposed class settlement that action because of gaming concerns. The bill will increase class member would affect the residents of their We placed reasonable time limita- protections and ensure the approval of States. tions on appellate review of remand or- fair settlements. It will allow nation- We included this provision to help ders in the bill. wide class actions to be heard in the protect class members because such no- We clarified that citizenship of pro- proper forum—the Federal courts—but tices would provide State officials with posed class members is to be deter- keep primarily State class actions in an opportunity to object if the settle- mined on the date plaintiffs file the State court. It will preserve the proc- ment terms were unfair to the citizens original complaint or when plaintiffs ess but put a stop to the more egre- of their particular State. Somebody at amend that complaint. gious abuses. It will also help to put a the State level ought to be reviewing We made modifications to the Fein- stop to the frivolous lawsuits that are that for the populations of their stein compromise that I have already a drag on our economy and especially States. referred to and to the class actions lan- harmful to small business. Our bill also requires that courts guage referred to. Now that we have worked out a deli- closely scrutinize class action settle- We clarified that nothing in the bill cate compromise, we should be able to ments where the plaintiffs only receive restricts the authority of the Judicial get this bipartisan bill done without a coupon or some other noncash award Conference to promulgate rules with any changes. while, as I have said before, the law- respect to class actions. A lot of my colleagues listening will yers get the bulk of the money. Finally, we crafted a new local class say: Well, the gall of the Senator from Our bill required the Judiciary Com- action exception which would allow Iowa to say that we have such a perfect mittee to report back to Congress on class actions to remain in State court bill before the Senate that we should the best practices in class action cases if, No. 1, more than two-thirds of the not have any amendments. Well, over and how to best ensure fairness of class class members are citizens of the the course of several years, this has action settlements. forum State; No. 2, there is at least one been a bipartisan bill in sponsorship. Finally, the bill allowed more class in-State defendant from whom signifi- We developed more broad bipartisan action lawsuits to be removed from cant relief is sought by members of the consensus last year to get this bill out State court to Federal court. The bill class and whose conduct forms a sig- of committee. We just about had eliminated the complete diversity rule nificant basis of the plaintiffs’ claims; enough consensus to move the bill, one for class action cases but left in State No. 3, principal injuries resulting from vote short of a supermajority, last Oc- court those class actions with fewer the alleged conduct or related conduct tober, of 60 votes, to move this bill. than 100 plaintiffs, class actions that of each defendant were incurred in the Then there were further compromises involved less than $5 million, and class State where the action was originally made to get over that hurdle. You can actions in which the State government filed; and lastly, no other class action quantify in this body, what it takes, as entity, like the attorney general—well, asserting the same or similar factual a measure of bipartisanship. It is no that is not right—where a State allegations against any of the defend- whether you get that 60-vote super- government entity is a primary defendants on behalf of the same or other per- majority to stop debate and to get to ant. Our bill still does many of these sons has been filed during the pre- finality. That is where the power of the things, but we have made a number of ceding 3 years. We did this to ensure minority comes into play in this body. modifications to get broader bipartisan that truly local class action cases, such They can say they need further com- support. as a plant explosion or some other lo- promise to move this bill to finality. In the Judiciary Committee last calized event, would be able to stay in We did that between last October and year, we incorporated the Feinstein the State court where the harm took now. amendment, which would leave in place. Some people do not want class action State court class action cases brought So we have made significant conces- reform and they have a right to vote against a company in its home State sions to get our Democratic colleagues against it. But it seems when the Sen- where two-thirds or more of the class on board the Class Action Fairness ate process has worked to bring about members are also residents of that Act. They have been telling us they are the necessary votes, and those nec- State. We also incorporated changes to ready to support the bill and to get it essary votes are gotten by the proper address issues raised by Senator SPEC- passed. Both sides have been asking the bipartisan compromises being worked TER relative to how mass actions leader to bring up this bill. Now that out, then we ought to be able to let the should be treated under the bill. we have an agreement to proceed to Senate work its will. The rights of the In our negotiations in late 2003 with the bill, hopefully no partisan politics minority have been protected. Senators SCHUMER, DODD, and will be played and we will get down to Have the rights of every last Senator LANDRIEU, we made numerous changes. business and finally get this job done. been protected? No. But if we had to I am only going to mention a few of It is time to make real progress on the wait for that to happen, no bill would those important compromises reached. class action bill and get it passed. pass. But if it did pass, it would pass by Examples: We made changes to the Again, I want to remind my col- a 100-to-0 margin. coupon settlement provisions in the leagues that we crafted a carefully bal- We are there. Hopefully this bill will bill, providing that attorneys fees must anced bill that consists of all of these pass the way it has been worked out be based either on the value of the cou- compromises and more that I have and be done in a short period of a few pons actually redeemed by class mem- mentioned. I believe we have done a days. We do not have a lot of time to bers or the hours actually billed in pretty good job of addressing legiti- spend on it. Of course, that works to prosecuting the case. mate concerns with the bill, and I am the advantage of those who do not We deleted the bounties provision be- hopeful we will not see lots of amend- want anything because they represent cause of concern that it might harm ments to disrupt this compromise. the interests, they would say, of the civil rights plaintiffs. I urge my colleagues to refrain from consumers, and I don’t doubt that is We deleted provisions in the bill that offering nonrelevant amendments, what they are concerned about. But dealt with specific notice requirements amendments that have nothing to do they are also, intended or not, rep- because the Judicial Conference has al- with this bill, because this is a bill that resenting the interests of the selfish ready approved similar notice require- should not be bogged down with every- personal injury lawyers who want to ments to the Federal Rules of Civil one’s pet project, for which the Senate play games with picking this county in Procedure. is so famous. All of our hard work of this State, or that county in that To address questions about the forging a bipartisan compromise bill State—some Podunk county where merry-go-round issue, we eliminated a should not go down the drain. they can win their case.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.093 S06PT1 S7570 CONGRESSIONAL RECORD — SENATE July 6, 2004 It would be OK if that case were only groups, I am often asked about when Province. He was assigned to 2nd Bat- pertinent to the people of that State, are we going to get class action reform. talion, 1st Marine Regiment, 1st Ma- but you find this forum shopping with I say, under certain circumstances we rine Division, Camp Pendleton, CA. national implications. Something of will get it. Sometimes people com- LCpl Bob W. Roberts died May 17 due national implication should not be de- pliment me because I was the prime to hostile fire in Al Anbar Province. He cided in one Podunk county in one sponsor of this legislation. But I say at was assigned to 1st Combat Engineer State but should be decided by our Fed- every one of these meetings, they need Battalion, 1st Marine Division, Camp eral courts. to thank Senator CARPER whenever Pendleton, CA. I yield the floor. they see him, because no person in the SPC Marcos Nolasco died May 18 in Mr. CARPER. Will the Senator yield? Senate is trying move this bill along Baji, Iraq, as a result of an electrocu- Mr. GRASSLEY. Yes. I yielded the and do it in a bipartisan way, no one tion accident. He was assigned to Bat- floor, but if you want me to hold the more than Senator CARPER. tery B, 1st Battalion, 33rd Field Artil- floor—— I can say to Senator CARPER, I thank lery, 1st Infantry Division, Bamberg, Mr. CARPER. I would appreciate it. him very much for what he has done Germany. He was from Chino, CA. If the Senator will yield, I would like and I yield the floor. PFC Michael M. Carey, age 20, died to make a comment. The PRESIDING OFFICER (Mr. TAL- May 18 in Iraq. He apparently fell into Mr. GRASSLEY. Yes. ENT). Who seeks recognition? a canal and did not resurface. His re- Mr. CARPER. I want to thank the Mr. CARPER. I do. mains were recovered on May 18. He chairman, as the prime sponsor of this The PRESIDING OFFICER. The Sen- was assigned to 1st Battalion, 5th Ma- bill, for his willingness to entertain ator from Delaware is recognized. rine Regiment, 1st Marine Division, changes and ideas from our side of the Mr. CARPER. I thank Senator Camp Pendleton, CA. aisle, from Democrats who had what GRASSLEY for what he said. I under- Cpl Rudy Salas, age 20, died May 20 we thought were ideas to improve this stand Senator GRASSLEY may need to from fatal injuries sustained when his legislation. I think as the bill has gone do some wrap-up here. I am not sure. If vehicle was involved in an accident through its introduction, its markup he does, I will be happy to yield. while conducting a resupply convoy in and debate in the Judiciary Com- Mr. GRASSLEY. Yes. I guess I didn’t Al Anbar Province. He was assigned to mittee, been reported out of the Judici- understand that was part of my respon- 1st Light Armored Reconnaissance ary Committee—the bill was sort of re- sibility. I will do that right away. Battalion, 1st Marine Division, Camp reported out of the Judiciary Com- The PRESIDING OFFICER. The Sen- Pendleton, CA. Corporal Salas was mittee with some further changes, ator from Iowa is recognized. from Baldwin Park, CA. there was the adoption of the changes f Sgt Jorge A. MolinaBautista, age 37, and incorporation of the changes that was killed May 23 in an explosion while were negotiated with a number of us, MORNING BUSINESS conducting combat operations in the including Senators SCHUMER, DODD, Mr. GRASSLEY. Mr. President, for Al Anbar Province. He was assigned to LANDRIEU, KOHL, and myself—I think our leader, I ask there now be a period 1st Light Armored Reconnaissance one of the reasons why we are here to- of morning business with Senators Battalion, 1st Marine Division, Camp night with a bill we can go forward speaking for up to 10 minutes each. Pendleton, CA. He was from Rialto, with, that is going to get pretty good The PRESIDING OFFICER. Without CA. bipartisan support, has been your will- objection, it is so ordered. PFC Daniel P. Unger, age 19, died ingness to not only listen to some f May 25 in Forward Operating Base other ideas but to incorporate them Kalsu during a rocket attack. He was HONORING OUR ARMED FORCES into this bill. assigned to the Navy National Guard’s As I listened to the Senator go Mrs. BOXER. Mr. President, I rise to 1st Battalion, 185th Armor, 81st Sepa- through the bill and talk about it, par- pay tribute to 34 young Americans who rate Armor Brigade, Visalia, CA. He ticularly to talk about the changes have been killed in Iraq since May 6. I was from Exeter, CA. that have been made in it, I was struck have been doing this all throughout the LCpl Kyle W. Codner, age 19, died how far we have come in the course of war. All of them were from California May 26 due to hostile action in Al the last year or two. I want, while you or they were based in California. Anbar Province, Iraq. He was assigned are still here, to express my thanks for LCpl Jeremiah E. Savage, age 21, died to 1st Combat Engineer Battalion, 1st the way you approached this subject May 12 of wounds received due to hos- Marine Division, Camp Pendleton, CA. and the openminded way you have en- tile action in Al Anbar Province. He Cpl Matthew C. Henderson, age 25, abled us to move forward. was assigned to 2nd Battalion, 4th Ma- died May 26 due to hostile action in Al Mr. GRASSLEY. Mr. President, if I rine Regiment, 1st Marine Division, Anbar Province. He was assigned to 1st could say this before I yield the floor, Camp Pendleton, CA. Combat Engineer Battalion, 1st Marine and I am going to yield the floor right SGT Brud Cronkrite died May 14 Division, Camp Pendleton, CA. away, first of all, I appreciate the from injuries sustained in Karbala. He LCpl Benjamin R. Gonzalez, age 23, statement by the Senator from Dela- was assigned to the 1st Battalion, 37th was killed May 29 from an explosion ware. He may have missed it, but some- Armor, 1st Armored Division, while conducting combat operations in time in my remarks tonight I made Friedberg, Germany. Sergeant the Al Anbar Province. He was as- some commentary about his efforts to Cronkrite was from Spring Valley, CA. signed to 2nd Battalion, 4th Marine help work a compromise and bring up PFC Michael A. Mora, age 19, died Regiment, 1st Marine Division, Camp issues that were very important to get May 14 in An Najaf when his military Pendleton, CA. He was from Los Ange- settled in order to move to finality. vehicle slid off the road and turned les, CA. Also, Mr. President, I want to tell over. He was assigned to the Army’s Pfc Cody S. Calavan, age 19, died May you as well as other Members of this 3rd Squadron, 2nd Armored Cavalry 29 due to hostile action in Al Anbar body, this bill is where it is because of Regiment, 1st Calvary Division, Fort Province. He was assigned to 2nd Bat- the urgency Senator CARPER has put on Polk, LA. Private First Class Mora was talion, 4th Marine Regiment, 1st Ma- this legislation, to get it passed, be- from Arroyo Grande, CA. rine Division, Camp Pendleton, CA. cause he knows of the need. He also un- PFC Brian K. Cutter, age 19, was LCpl Rafael Reynosasuarez, age 28, derstands the need of bipartisanship. found unconscious on May 13 and was was killed May 29 from an explosion I hope I have given him proper credit later pronounced dead in Al Asad, Iraq. while conducting combat operations in in this way. So many times as we Sen- Cause of death is under investigation. the A1 Anbar Province. He was as- ators do, we go to breakfasts or He was assigned to 3rd Assault Am- signed to 2nd Battalion, 4th Marine lunches to speak to groups that are in- phibian Battalion, 1st Marine Division, Regiment, 1st Marine Division, Camp terested in legislation, and they are al- Camp Pendleton, CA. Private First Pendleton, CA. He was from Santa ways asking us about this bill or that Class Cutter was from Riverside, CA. Ana, CA. bill. More often than not, particularly PFC Brandon Sturdy, age 19, died Cpl Dominique J. Nicolas, age 25, when I am talking to small business May 13 from hostile fire in Al Anbar died May 26 from hostile fire in A1

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.097 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7571 Anbar Province, Iraq. He was assigned Guard’s 579th Engineer Battalion, That day I encountered the first American to 1st Combat engineer Battalion, 1st Petaluma, CA. He was from Riverside, soldiers in Buchenwald concentration camp. Marine Division, Camp Pendleton, CA. CA. I remember them well. Bewildered, dis- 1LT Kenneth Michael Ballard, age 26, SPC Patrick R. McCaffrey, Sr., age believing, they walked around the place, hell on earth, where our destiny had been played died May 30 in Najaf during a firefight 34, died June 22 in Balad, Iraq, when out. They looked at us, just liberated, and with insurgents. He was assigned to the enemy forces ambushed his ground pa- did not know what to do or say. Survivors Army’s 2nd Battalion, 37th Armored trol. He was assigned to the Army Na- snatched from the dark throes of death, we Regiment, 1st Armored Division, from tional Guard’s 579th Engineer Bat- were empty of all hope—too weak, too ema- Friedburg, Germany. He was from talion, Petaluma, CA. He was from ciated to hug them or even speak to them. Mountain View, CA. Tracy, CA. Like lost children, the American soldiers LCpl Dustin L. Sides, age 22, died LCPL Manuel A. Ceniceros, age 23, wept and wept with rage and sadness. And we May 31 from hostile fire in A1 Anbar died June 26 from an explosion while received their tears as if they were heart- Province. He was assigned to 9th Com- conducting combat operations in Al rending offerings from a wounded and generous humanity. munications Battalion, I Marine Expe- Anbar Province. He was assigned to Ever since that encounter, I cannot repress ditionary Force, Camp Pendleton, CA. Regimental Combat Team 1 Head- my emotion before the flag and the uni- Cpl Bum R. Lee, age 21, died June 2 quarters Company, 1st Marine Divi- form—anything that represents American as the result of multiple traumatic in- sion, Camp Pendleton, CA. He was from heroism in battle. That is especially true on juries received from an explosion while Santa Ana, CA. July Fourth. I reread the Declaration of conducting combat operations in Al Sgt Kenneth Conde, Jr., age 23, died Independence, a document sanctified by the Anbar Province. He was assigned to 2nd July 1 due to injuries received from passion of a nation’s thirst for justice and sovereignty, forever admiring both its moral Battalion, 4th Marine Regiment, 1st enemy action in Al Anbar Province. He content and majestic intonation. Opposition Marine Division, Camp Pendleton, CA. was assigned to 2nd Battalion, 4th Ma- to oppression in all its forms, defense of all He was from Sunnyvale, CA. rine Regiment, 1st Marine Division, human liberties, celebration of what is right LCpl Todd J. Bolding, age 23, died Camp Pendleton, CA. in social intercourse: All this and much more June 3 of wounds received due to hos- LCPL James B. Huston, Jr., age 22, is in that text, which today has special tile action in Al Anbar Province. He died July 2 in a vehicle accident while meaning. was assigned to 2nd Battalion, 4th Ma- his unit was responding to hostile ac- Granted, U.S. history has gone through se- rine Regiment, 1st Marine Division, tion in Al Anbar Province. He was as- vere trials, of which anti-black racism was the most scandalous and depressing. I hap- Camp Pendleton, CA. signed to 2nd Battalion, lst Marine pened to witness it in the late Fifties, as I LCpl Jeremy L. Bohlman, age 21, died Regiment, 1st Marine Division, Camp traveled through the South. What did I feel? June 7 from hostile action in Al Anbar Pendleton, CA. Shame. Yes, shame for being white. What Province. He was assigned to 1st Light Mr. President, 206 soldiers who were made it worse was the realization that, at Armored Reconnaissance Battalion, 1st either from California or based in Cali- that time, racism was the law, thus making Marine Division, Camp Pendleton, CA. fornia have been killed while serving the law itself immoral and unjust. PFC Sean Horn, age 19, died June 19 our country in Iraq. I pray for these Still, my generation was lucky to see the due to a non-hostile incident at Camp young Americans and their families, downfall of prejudice in many of its forms. True, it took much pain and protest for that Taqaddum, Iraq. He was assigned to and I pray for those who are over there. law to be changed, but it was. Today, while Combat Service Support Group 11, 1st I look forward to the day when we have fanatically stubborn racists are still around, Force Service Support Group, Camp a plan to bring our troops home. some of them vocal, racism as such has van- Pendleton, CA. He was from Orange, I, again, thank Senators LEAHY and ished from the American scene. That is true CA. HATCH and I yield the floor. of anti-Semitism too. Jew-haters still exist here and there, but organized anti-Semitism SSgt Marvin Best, age 33, died June f 20 due to hostile action in Al Anbar does not—unlike in Europe, where it has AN ARTICLE WRITTEN BY ELIE Province. He was assigned to 2nd Bat- been growing with disturbing speed. WIESEL As a great power, America has always talion, 7th Marine Regiment, 1st ma- seemed concerned with other people’s wel- rine division, Twentynine Palms, CA. Mr. DOMENICI. Mr. President, I do fare, especially in Europe. Twice in the 20th SPC Thai Vue, age 22, died June 18 in not frequently come to the floor—I as- century, it saved the ‘‘Old World’’ from dic- Baghdad when a mortar round hit the sume not very many Senators do—call- tatorship and tyranny. motor pool where he was working. He ing to the attention of the Senate an America understands that a nation is great was assigned to the Army’s 127th Mili- article that has appeared in ‘‘Parade,’’ not because its economy is flourishing or its tary Police Company, 709th Military the magazine that is inserted in our army invincible but because its ideals are Sunday newspapers. But this past loftier. Hence America’s desire to help those Police Battalion, 18th Military Police who have lost their freedom to conquer it Brigade, V Corps, Hanau, Germany. He weekend I witnessed and then read an again. America’s credo might read as fol- was from Willows, CA. article entitled ‘‘The America I Love.’’ lows: For an individual, as for a nation, to be LCpl Pedro Contreras, age 27, died It was by Elie Wiesel. I think we all free is an admirable duty—but to help others June 21 from hostile fire in Al Anbar have heard of him. He is a Jewish man become free is even more admirable. Province. He was assigned to 2nd Bat- who was in the concentration camps. Some skeptics may object: But what about talion, 4th Marine Regiment, 1st Ma- He was freed by American soldiers and Vietnam? And Cambodia? And the support then came to America. He has spent some administrations gave to corrupt re- rine Division, Camp Pendleton, CA. gimes in Africa or the Middle East? And the LCpl Deshon E. Otey, age 24, died much of his life here, becoming a cit- occupation of Iraq? Did we go wrong—and if June 21 from hostile fire in Al Anbar izen. He has been a professor for a long so, where? Province. He was assigned to 2nd Bat- time at one of our universities and has And what are we to make of the despicable, talion, 4th Marine Regiment, 1st Ma- written about 40 books. abominable ‘‘interrogation methods’’ used on rine Division, Camp Pendleton, CA. I do not know why this article came Iraqi prisoners of war by a few soldiers (but Cpl Tommy L. Parker, Jr., age 21, up this weekend, but let me read ex- even a few are too many) in Iraqi military died June 21 from hostile fire in Al cerpts from it, and then I will ask that prisons? the entire article be made a part of the Well, one could say that no nation is com- Anbar Province. He was assigned to 2nd posed of saints alone. None is sheltered from Battalion, 4th Marine Regiment, 1st RECORD. mistakes or misdeeds. All have their Cain Marine Division, Camp Pendleton, CA. At one point, Mr. Wiesel says: and Abel. It takes vision and courage to un- LCpl Juan Lopez, age 22, died June 21 In America, compassion for the refugees dergo serious soul-searching and to favor from hostile fire in Al Anbar Province. and respect for the other still have biblical moral conscience over political expediency. He was assigned to 2nd Battalion, 4th connotations. And America, in extreme situations, is en- Marine Regiment, 1st Marine Division, Grandiloquent words used for public ora- dowed with both. America is always ready to Camp Pendleton, CA. tory? Even now, as America is in the midst learn from its mishaps. Self-criticism re- of puzzling uncertainty and understandable mains its second nature. 2LT Andre D. Tyson, age 33, died introspection because of tragic events in Not surprising, some Europeans do not June 22 in Balad, Iraq, when enemy Iraq, these words reflect my personal belief. share such views. In extreme left-wing polit- forces ambushed his ground patrol. He For I cannot forget another day that re- ical and intellectual circles, suspicion and was assigned to the Army National mains alive in my memory: April 11, 1945. distrust toward America is the order of the

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.048 S06PT1 S7572 CONGRESSIONAL RECORD — SENATE July 6, 2004 went to war only to please the oil-rich cap- form—anything that represents American Hope is a key word in the vocabulary of italists. heroism in battle. That is especially true on men and women like myself and so many They are wrong. America went to war to July Fourth. I reread the Declaration of others who discovered in America the liberate a population too long subjected to Independence, a document sanctified by the strength to overcome cynicism and despair. terror and death. passion of a nation’s thirst for justice and Remember the legendary Pandora’s box? It We see in newspapers and magazines and sovereignty, forever admiring both its moral is filled with implacable, terrifying curses. on television screens the mass graves and content and majestic intonation. Opposition But underneath, at the very bottom, there is torture chambers imposed by Saddam Hus- to oppression in all its forms, defense of all hope. Now as before, now more than ever, it sein and his accomplices. One cannot but feel human liberties, celebration of what is right is waiting for us. grateful to the young Americans who leave is social intercourse: All this and much more f their families, some to lose their lives, in is in that text, which today has special order to bring to Iraq the first rays of hope— meaning. 111TH VIBORG DANISH DAYS without which no people can imagine the Granted, U.S. history has gone through se- Mr. DASCHLE. Mr. President, I take happiness of welcoming freedom. vere trials, of which anti-black racism was this opportunity to recognize the up- Hope is a key word in the vocabulary of the most scandalous and depressing. I hap- men and women like myself and so many pened to witness it in the late Fifties, as I coming Danish Days Festival in others who discovered in America the traveled through the South. What did I feel? Viborg, SD. This annual event attracts strength to over come cynicism and despair. Shame. Yes, shame for being white. What hundreds of people to the small South Remember the legendary Pandora’s box? It made it worse was the realization that, at Dakota town to celebrate the area’s is filled with implacable, terrifying curses. that time, racism was the law, thus making rich Danish history. I especially ap- But underneath, at the very bottom, there is the law itself immoral and unjust. plaud the Danish Days planning com- hope. Now as before, now more than ever, it Still, my generation was lucky to see the mittee and the Danish Heritage Asso- is waiting for us. downfall of prejudice in many of its forms. ciation for their work to make this True, it took much pain and protest for that Mr. DOMENICI. Mr. President, I ask event a success. unanimous consent to print the full law to be changed, but it was. Today, while fanatically stubborn racists are still around, Denmark-native Peter Larsen text of the article in the RECORD. some of them vocal, racism as such has van- Christensen first settled near Viborg in There being no objection, the mate- ished from the American scene. That is true 1864, establishing a small general store rial was ordered to be printed in the of anti-Semitism too. Jew-haters still exist on his homestead. Southwestern Rail- RECORD, as follows: here and there, but organized anti-Semitism road completed a line connecting Sioux THE AMERICA I LOVE does not—unlike in Europe, where it has Falls and Yankton in 1893, which (By Elie Wiesel) been growing with disturbing speed. As a great power, America has always passed through the present-day Viborg. Born in Sighet, Transylvania (Romania), seemed concerned with other people’s wel- The community incorporated on Au- Elie Wiesel became a U.S. citizen in 1963. fare, especially in Europe. Twice in the 20th gust 25, 1893, shortly after the rail- Since then, Wiesel—a Holocaust survivor, century, it saved the ‘‘Old World’’ from dic- road’s arrival, and quickly grew into a Boston University professor and the author tatorship and tyranny. bustling Danish community on the new of more than 40 books—has become one of America understands that a nation is great South Dakota prairie. our nation’s most honored citizens. In 1985, not because its economy is flourishing or its President Ronald Reagan awarded him the Today, this town of 800 remains a vi- army is invincible but because its ideals are brant community. In a time when Congressional Gold Medal, the highest honor loftier. Hence America’s desire to help those Congress can bestow on a civilian. In 1992, who have lost their freedom to conquer it small town stores continue to close, President George Bush recognized Wiesel again. America’s credo might read as fol- Viborg’s Main Street features full with the Presidential Medal of Freedom. lows: For an individual, as for a nation, to be storefronts offering a variety of serv- Wiesel, who has been an outspoken advocate free is an admirable duty—but to help others ices, including a pharmacy, grocery of human rights around the world, won the become free is even more admirable. store and bank. The city’s industrial Nobel Peace Prize in 1986. Some skeptics may object: But what about park also continues to grow. Viborg’s The day I received American citizenship Vietnam? And Cambodia? And the support was a turning point in my life. I had ceased strong business community exists be- some administrations gave to corrupt re- cause of the town’s strong foundation to be stateless. Until then, unprotected by gimes in Africa or the Middle East? And the any government and unwanted by any soci- occupation of Iraq? Did we go wrong—and if of community, established more than ety, the Jew in me was overcome by a feeling so, where? 100 years ago. of pride mixed with gratitude. And what are we to make of the despicable, Each year, the Danish Days Festival From that day on, I felt privileged to be- abominable ‘‘interrogation methods’’ used on provides Viborg residents, past and long to a country which, for two centuries, Iraqi prisoners of war by a few soldiers (but present, with an opportunity to cele- has stood as a living symbol of all that is even a few are too many) in Iraqi military brate the community’s proud heritage. charitable and decent to victims of injustice prisons? The event will feature a leadership everywhere—a country in which every per- Well, one could say that no nation is com- son is entitled to dream of happiness, peace posed of saints alone. None is sheltered from luncheon for Turner County’s public and liberty; where those who have are taught mistakes or misdeeds. All have their Cain servants and an honoring reception for to give back. and Abel. It takes vision and courage to un- the decedents of 2004 Danish Days hon- In America, compassion for the refugee and dergo serious soul-searching and to favor orees, C.J. and Cena Glood. A parade, respect for the other still have biblical con- moral conscience over political expediency. community barbecue, car show, and notations. And America, in extreme situations, is en- fireworks display are also planned. Grandiloquent words used for public ora- dowed with both. America is always ready to The C.J. and Cena Glood family tory? Even now, as America is in the midst learn from its mishaps. Self-criticism reopened Viborg’s first hardware and im- of puzzling uncertainty and understandable mains its second nature. introspection because of tragic events in Not surprising, some Europeans do not plement store shortly after the com- Iraq, these words reflect my personal belief. share such views. In extreme left-wing polit- munity was incorporated, and their de- For I cannot forget another day that re- ical and intellectual circles, suspicion and cedents have continued to impact mains alive in my memory: April 11, 1945. distrust toward America is the order of the Viborg’s prosperity through proud That day I encountered the first American day. They deride America’s motives for its leadership. Most prominently, their soldiers in the Buchenwald concentration military interventions, particularly in Iraq. eldest son, Royal, served 10 years in camp. I remember them well. Bewildered, They say: It’s just money. As if America South Dakota State Legislature, advo- disbelieving, they walked around the place, went to war only to please the oil-rich cap- hell on earth, where our destiny had been italists. cating for the interests of Turner played out. They looked at us, just liberated, They are wrong. America went to war to County. and did not know what to do or say. Sur- liberate a population too long subjected to Their daughter, Dagmar, maintained vivors snatched from the dark throes of terror and death. a medical practice in Viborg for nearly death, we were empty of all hope—too weak, We see in newspapers and magazines and 20 years and made numerous contribu- too emaciated to hug them or even speak to on television screens, the mass graves and tions to the community. The family them. Like lost children, the American sol- torture chambers imposed by Saddam Hus- has had a substantial impact on diers wept and wept with rage and sadness. sein and his accomplices. One cannot but feel Viborg’s development and are worthy And we received their tears as if they were grateful to the young Americans who leave heartrending offerings from a wounded and their families, some to lose their lives, in honorees. generous humanity. order to bring to Iraq the first rays of hope— Finally, the Danish Heritage Associa- Ever since that encounter, I cannot repress without which no people can imagine the tion will unveil Viborg’s first Danish my emotion before the flag and the uni- happiness of welcoming freedom. heritage museum during the festivities.

VerDate jul 14 2003 05:59 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.029 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7573 heritage museum during the festivities. vada cold war history. Her husband was swer. For long-term growth, Africans The Association has dedicated hours of trained at Area 51, a military facility must work hand-in-hand with the volunteer time and labor to ‘‘pre- in Nevada, and Mrs. Powers was well United States to open markets both in serving yesterday and today for tomor- aware of the many other contributions Africa and around the world. History row,’’ and I am pleased that artifacts of that Nevadans made during the cold proves that the most economically ad- Viborg’s history will be preserved in war. vanced nations are those that embrace this fashion. Many Government personnel were free trade and free markets. Too often, South Dakota communities each trained at Area 51, Nellis Air Force unduly high tariff barriers in devel- have their own unique history. I am Base, or the Naval Air Station in oping countries hinder the trade and proud to recognize Vibrog’s ongoing Fallon. Nevada was also crucial to the investment that is so vital to economic work to preserve its heritage while cold-war effort because it was home to growth. I want to help create a climate building toward the future. intercontinental ballistic missiles, of sustained prosperity in Africa, so we f fight training centers, nuclear weapons can eliminate poverty and provide hope test sites, and strategic tactical re- for a better future. Passage of this bill HONORING SUE POWERS sources. is a good first step. I hope we can con- Mr. REID. Mr. President, today I rise Mrs. Powers appreciated the impor- tinue our work with the African people to remember Sue Powers, a woman who tance of these contributions and was to help advance both our economies devoted her last years to honoring the diligent in her efforts to ensure that and build toward a brighter, more pros- memory of cold-war veterans, and the the Silver State’s role in the cold war perous future. widow of famed U–2 pilot Gary Powers. was not forgotten. I would now like to take a minute When the United States salutes its Sue never swayed in her loyalty to and thank my staff who helped bring war heroes, those who fought the cold cold-war veterans or her determination this legislation into realization. First war are often overlooked. Sue Powers, to ensure their sacrifices were not for- and foremost is my staff director and who died last month in Las Vegas, gotten. For this, she herself is a hero. chief counsel, Kolan Davis, for his lead- worked tirelessly to change that, and It is only fitting that she will be buried ership and loyalty. I would like to to preserve this important chapter of on July 13 in Arlington National Ceme- thank Everrett Eissenstat, my chief our history. tery, along with her beloved husband. international trade counsel, for his Mrs. Powers served as a volunteer at f hard work as well as that of the rest of the Atomic Testing Museum in Las my trade team, including Stephen PASSAGE OF THE AGOA Vegas, and was a founding member of Schaefer, David Johanson, Zach ACCELERATION ACT OF 2004 the Cold War Museum. Paulsen and Dan Shepherdson. I must ‘‘She was as much of a cold-war war- Mr. GRASSLEY. Mr. President, I rise not forget to mention Carrie Clark— rior as her husband and believed in him today to praise the Senate for the pas- now Carrie Clark-Philips—who com- and what he did through the events in sage of the African Growth and Oppor- petently covered this issue for me be- the Soviet Union’’ said Troy Wade, tunity Acceleration Act of 2004 which fore leaving the Committee. And fi- chairman of the Nevada Test Site His- was completed before we adjourned for nally, I want to thank the ranking torical Foundation. the Fourth of July recess. The House of member on the Finance Committee, Mrs. Powers, born Claudia Edwards, Representatives passed the legislation Senator BAUCUS, and his able trade grew up in Warrenton, VA., and Wash- on June 14, 2004, and it was imperative staff of Tim Punke, Brian Pomper, ington, DC. After graduating from Ana- the Senate quickly follow suit. Shara Aranoff, Sara Andrews, John costia High School, she went to work The passage of AGOA is great news Gilliland and Pascal Niedermann, for for the Central Intellegence Agency as for Africa. Since AGOA was first en- the work they did in getting this bill a psychometrist. acted in 2000, investment in Africa is compelted. In 1962 she met Francis Gary Powers, up, and trade from Africa is up. Be- I look forward to seeing the Presi- a famed U–2 pilot. Two years earlier in cause of the Africa Growth and Oppor- dent sign this legislation into law 1960, Powers had been shot down and tunity Act, many African families can quickly, so we can continue to work taken as a prisoner of war while flying now feed their children. For the first with the African nations in furthering his U–2 spy plane over the Soviet time there is a new sense of hope in economic progress. I thank the Senate Union. many countries. Many provisions of for the bipartisan nature extended in Gary and Sue met just after Gary’s the Africa Growth and Opportunity Act the passage of this important legisla- return from Russia. He literally were set to expire this year. This cre- tion. bumped into her when he walked ated an environment of uncertainty, f around a corner near their offices. Ac- which as leading to investment flight cording to their son Gary Jr., there was and lost opportunities. Passage of this LOCAL LAW ENFORCEMENT ACT spilled coffee, which led to a cup of cof- bill will help people in Africa reap the OF 2003 fee, which led to dinner, which led to full benefits of the program. Mr. SMITH. Mr. President, I rise romance and marriage. It is encouraging that this bill re- today to speak about the need for hate Sue left the CIA and the couple was ceived such strong bipartisan support crimes legislation. On May 1, 2003, Sen- married in 1963. After their marriage in the House and Senate. Trade can be ator KENNEDY and I introduced the they moved to Sun Valley, CA, where a powerful tool of growth, and I am Local Law Enforcement Enhancement Gary worked as a pilot first for Lock- pleased that the majority of my col- Act, a bill that would add new cat- heed then for KNBC television. They leagues share this view. egories to current hate crimes law, worked together to preserve the memo- Although passage of this bill is a sending a signal that violence of any ries of those people who sacrificed great step forward, there is still a lot kind is unacceptable in our society. their lives during the cold war. Sue was of work to be done. For example, the On January 2, 1993, police found left to carry on their cold-war crusade United States is currently negotiating Chrissey Johnson naked, with her feet alone after Gary died in a helicopter a free trade agreement with members tied together. She had been stabbed ap- crash in 1977 while piloting for KNBC. of the Southern African Customs proximately 15 times and thrown from After her husband’s death Mrs. Pow- Union. This will include the nations of the second floor of her apartment. The ers moved to Los Angeles and eventu- South Africa, Botswana, Lesotho, Swa- disturbing nature of the murder sug- ally to Las Vegas. She devoted the rest ziland, and Namibia. Completion of gested to police that Johnson was tar- of her life to preserving the legacy of this agreement will help foster trade geted for being transgendered. her husband and other heroes of the and investment in the region, which I believe that Government’s first cold war. She was honorary chair- could lead to a new period of sustained duty is to defend its citizens, to defend woman of the Silent Heroes of the Cold economic growth. them against the harms that come out War National Memorial Committee. For trade to work, it has to be two- of hate. The Local Law Enforcement As a citizen of Nevada, Mrs. Powers way street. Foreign aid and preference Enhancement Act is a symbol that can worked especially hard to preserve Ne- programs are always a short-term an- become substance. I believe that by

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.059 S06PT1 S7574 CONGRESSIONAL RECORD — SENATE July 6, 2004 passing this legislation and changing bition facility includes the concept giving them tools to help them become current law, we can change hearts and that the exhibition has to be ‘‘open to productive citizens and future leaders. minds as well. the public or is made to an assembled Providing children a safe place to learn f group of viewers outside of a normal and grow is just the beginning for this circle of a family and its social ac- wonderful organization, which supports COLLOQUY ON CAMCORDER quaintances.’’ This definition makes and inspires its members to participate PROVISION OF S. 1932 clear that someone recording from a in community service, arts, and cul- Mr. HATCH. Mr. President, Section 3 television in his home does not meet ture, and sports and fitness activities, of the ART Act establishes a new pro- that definition. It is important to em- to learn important health and life vision of Title 18 entitled, ‘‘Unauthor- phasize that the clause ‘‘open to the skills, and much more. ized Recording of Motion Pictures in a public’’ applies specifically to the exhi- I am especially proud of the vibrant Motion Picture Exhibition Facility.’’ I bition, not to the facility. An exhi- 115-year history of the Boys and Girls ask Senator CORNYN, what is the pur- bition in a place open to the public Clubs of Milwaukee, whose five clubs pose of this provision? that is itself not made to the public is currently serve more than 22,000 Mil- Mr. CORNYN. Section 3 addresses a not the subject of this bill. Thus, for waukee-area members. The Milwaukee serious piracy issue facing the movie example, a university film lab may be clubs have won national awards for business: the use of camcorders in a ‘‘open to the public.’’ However, a stu- their technology and dental programs, motion picture theater. Sad to say, dent who is watching a film in that lab and have achieved tremendous success there are people who go to the movie for his or her own study or research in inspiring their members to strive to theater, generally during pre-opening would not be engaging in an exhibition attend college. An impressive 85 per- ‘‘screenings’’ or during the first week- that is ‘‘open to the public.’’ Thus, if cent of Milwaukee Club alumni credit end of theatrical release, and using so- that student copied an excerpt from Club staff for helping them learn lead- phisticated digital equipment, record such an exhibition, he or she would not ership skills and build self-confidence. the movie. They’re not trying to save be subject to liability under the bill. I am pleased that the legislation passed $8.00 so they can see the movie again. Mr. HATCH. Do the users of hearing by the Judiciary Committee and the Instead, they sell the camcorded aids, cell phones or similar devices full Senate will help the Milwaukee- version to a local production factory or have anything to fear from this stat- area clubs continue their important to an overseas producer, where it is ute? work. converted into DVDs or similar prod- Mrs. FEINSTEIN. Of course not. The I strongly support this bill, and I ex- ucts and sold on the street for a few statute covers only a person who press my gratitude to Judiciary Com- dollars per copy. This misuse of ‘‘knowingly uses or attempts to use an mittee Chairman HATCH and Ranking camcorders is a significant factor in audiovisual recording device to trans- Minority Member LEAHY for giving this the estimated $3.5 billion per year of mit or make a copy of a motion picture important cause the attention it de- losses the movie industry suffers be- or other audiovisual work protected serves. The Boys and Girls Clubs of cause of hard goods piracy. Even worse, America are integral in fostering a safe under Title 17, or any part thereof. these camcorded versions are posted on and productive environment for our ...’’ In other words, the defendant the Internet through ‘‘P2P’’ networks Nation’s young people, our country’s would have to be making, or attempt- such as KaZaa, Grockster and Mor- greatest resource for the future. ing to make, a copy that is itself an pheus—and made available for millions f to download. The goal of our bill is to audiovisual work, or make, or attempt provide a potent weapon in the arsenal to make, a transmission embodying an ADDITIONAL STATEMENTS of prosecutors to stem the piracy of audiovisual work, as that term is de- commercially valuable motion pictures fined in Section 101 of Title 17. As such, the Act would not reach the conduct of TRIBUTE TO JAMES A. ZIMBLE, at its source. M.D. Mr. HATCH. I have heard it said that a person who uses a hearing aid, a still this bill could be used against a sales- camera, or a picture phone to capture ∑ Mr. INOUYE. Mr. President, today I person or a customer at stores such as an image or mere sound from the pay tribute to James A. Zimble, Presi- Best Buy or Circuit City if he or she movie. dent of the Uniformed Services Univer- were to point a video camera at a tele- Mr. HATCH. It appears that there is sity of the Health Sciences, USUHS. On vision screen showing a movie. Is this no fair use exception to this provision. August 3, 2004, this remarkable indi- cause for concern? Is that correct? vidual will mark the end of his 46-year Mr. CORNYN. Absolutely not. The of- Mrs. FEINSTEIN. This is a criminal career in Federal service. fense is only applicable to transmitting provision under Title 18, not a copy- Dr. Zimble, Vice Admiral, Medical or copying a movie in a motion picture right provision under Title 17. Accord- Corps, United States Navy (Retired), exhibition facility, which has to be a ingly, there is no fair use exception in- and 30th Surgeon General of the United movie theater or similar venue ‘‘that is cluded. However, Federal prosecutors States Navy, was born on October 12, being used primarily for the exhibition should use their discretion not to bring 1933, in Philadelphia, PA. He served as of a copyrighted motion picture.’’ In criminal prosecutions against activi- a senior medical student and ensign in the example of Best Buy—the store is ties within movie theaters that would the Navy Reserve Program from 1958 being used primarily to sell electronic constitute fair use under the copyright through 1959, earning a Medical Degree equipment, not to exhibit motion pic- laws. The object of this legislation is to from the University of Pennsylvania, tures. For the same reason, the statute prevent the copying and distribution of School of Medicine (SOM). Thus com- would not cover a university student motion pictures in a manner that menced a career dedicated to service to who records a short segment of a film causes serious commercial harm. This his nation, medical readiness, and force being shown in film class, as the venue legislation is not intended to chill le- health protection. is being used primarily as a classroom, gitimate free speech. Dr. Zimble’s 33-year career in the and not as a movie theater. Mr. HATCH. Does the Senator from Navy began with his internship and Mr. HATCH. Does the Senator from Texas agree? residency at the Naval Hospital in St. California agree with our colleague Mr. CORNYN. Yes, on all points. Albans, New York. By 1969, he was from Texas? f board certified by the American Board Mrs. FEINSTEIN. Absolutely, on all of Obstetrics and Gynecology. From BOYS AND GIRLS CLUBS OF points. 1972 through 1987 he served with dis- Mr. HATCH. I have also heard some AMERICA tinction in a series of assignments di- say that this statute could be used to Mr. FEINGOLD. Mr. President, I wish recting clinical services and strategic prosecute someone for camcording a to express my strong support for S. 2363 planning. His Navy career culminated DVD at his home. Is this a fair con- and the Boys and Girls Clubs of Amer- with his selection to serve as Surgeon cern? ica. For over a hundred years, the Boys General of the Navy, from 1987 through Mrs. FEINSTEIN. No, it is not. The and Girls Clubs of America have been 1991. Vice Admiral Zimble earned mul- definition of a motion picture exhi- empowering the youth of our Nation by tiple honors and awards during his

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.102 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7575 Navy career, including the Department required during Joint Service deploy- Mundie, Director of the Office of Re- of Defense Distinguished Service, Supe- ments. Relevant knowledge in the psy- gional Aviation Assistance for the rior Service, and Meritorious Service chological stresses of combat and trau- Maryland Aviation Administration. Medals, the Department of Navy Le- ma and the medical effects of nuclear, Bruce is retiring after a distinguished gion of Merit, the Naval Reserve Asso- chemical, and biological weapons and career serving the public and the avia- ciation Distinguished Service Award, extreme environments have been inte- tion community and I would like to ex- and the Association of Military Sur- grated throughout the USUHS edu- tend my personal congratulations and geons of the United States Founder’s cational programs. USUHS’ inter- thanks for his tremendous public serv- Medal. nationally recognized operational exer- ice. Dr. Zimble was selected by the Sec- cises, Operations Kerkesner and Bush- When the next chapter in Maryland’s retary of Defense to serve as the Presi- master, ensure flexibility in meeting aviation history is written, Bruce dent of USUHS in 1991. He was first to the ever-evolving requirements of med- Mundie’s name is likely to figure initiate strategic planning and assess- ical readiness. Dr. Zimble’s meticulous prominently as one of the key leaders ment processes, which focused on mis- focus has secured recognition for who helped make the sky more accession accomplishment and the annual USUHS throughout the uniformed and sible and greatly improved Maryland’s achievements of the 1,824 members of civilian health care communities for air transportation infrastructure. Over the USUHS community. Today, the providing uniformed physicians, ad- the past 17 years, Bruce has worked University provides a comprehensive, vanced practice nurses and scientists tirelessly to enhance aviation at Mary- performance-based annual report to the with a better understanding of, com- land’s 34 regional general aviation air- Office of the Secretary of Defense mitment to, and preparation for the ports and more than 100 private airports. Among his many other accom- (OSD). practice of health care in the military. plishments, Bruce was instrumental in In 1996, under Dr. Zimble’s leader- Such accomplishments were recognized the development of the Maryland Aid ship, the Graduate School of Nursing in 2000, when the Surgeon General of to Private Airports program, the Mary- was established and officially recog- the United States awarded Dr. Zimble nized by OSD, thereby, providing land Airport Equipment Loan Pro- the Public Health Service Surgeon gram, and the Maryland Airport Man- uniquely qualified advanced practice General’s Medallion. In December of nurses for the military. In December of agers Association. He also introduced 1998 and 2001, the Association of Amer- the innovative system of using auto- 2000, the OSD Joint Meritorious Unit ican Medical Colleges confirmed the Award was presented to Dr. Zimble and mated weather stations, allowing for critical role of USUHS in national se- the institution of all-weather commer- the University, which officially recog- curity by recognizing the USUHS is the nized the multiple products and serv- cial service at eight new airports. In one place where physicians of tomor- addition, he oversaw the replacement ices of USUHS and their generation of row, obtain today, thorough prepara- cost avoidance for the Department. In of 27 visual approach slope indicators tion to deal with many contingencies, that violated FAA standards and intro- addition, research conducted at USUHS including the medical aspects of chem- was recognized in Science as one of the duced new units that will save Mary- ical and biological terrorism. As of land 95 percent of the cost of new top ten scientific breakthroughs of April 2004, the USUHS SOM alumni 2002. In 2003, the University received equipment. averaged approximately 20 years of ac- I have had the privilege of working the maximum term of ten years of active duty service and represent 22.2 per- closely with Bruce since he was first creditation with commendation from cent of the 11,901 physicians on active appointed to the Maryland Aviation the Middle States Commission on duty. The Center for Navy Analysis has Administration. Over the years we Higher Education. Today, the USUHS reported that where the median length worked to bring a new control tower to School of Medicine Graduate Edu- of non-obligated service for physician Salisbury-Ocean City-Wicomico Re- cation Programs in Public Health rank specialists is 2.9 years, the median gional Airport, expand the runways at sixth in the Nation according to U.S. length of non-obligated service for Hagerstown, Garrett County, and Car- News & World Report’s 2004 Rankings USUHS SOM alumni is 9 years, making roll County Airports, and create a bi- of America’s Best Graduate Schools on USUHS the most cost-effective and state compact for the Greater Cum- the list of the top 10 community health recommended accession source for berland Regional Airport, to name just master or doctoral programs. The leadership positions and ensuring con- a few projects. In every instance, Bruce American Medical Association has rec- tinuity in the military health system. exhibited an extraordinary commit- ognized that USUHS not only educates Today, USUHS alumni are globally de- ment to elevating airport efficiency its own graduates, but also provides a ployed and providing essential care for and safety standards in Maryland. significant national service through its our Armed Forces in every theater of But Bruce’s passion for flying and continuing medical education courses operation. aviation was not just exemplified in his for military physicians in combat cas- Dr. Zimble provided visionary leader- work. As a founding member of Oppor- ualty care, tropical medicine, combat ship in the establishment of the Na- tunity Skyway, Bruce introduced pro- stress, disaster medicine, and medical tional Capital Area Medical Simula- grams that target students at risk of responses to terrorism, courses not tion Center and the immersive Com- dropping out of school, benefiting citi- available through civilian medical puter-Aided Virtual Environment. zens across the State and allowing stu- schools. Significantly, the Emerging Both projects serve as a template for dents to pursue their interests in avia- Infectious Diseases Graduate Edu- civilian entities to model and partici- tion. He has worked to integrate avia- cation Program provides courses on the pate in similar training scenarios. tion into school curriculums through agents and effects of bioterrorism and Dr. Zimble’s extraordinary contribu- an aerospace workshop for teachers en- is the only graduate program in the tions are respected and admired titled ‘‘Take It to the Top.’’ Bruce also Nation to offer formal training in these throughout the Joint Services and contributed to area institutions of critical areas. Over the past 13 years, within the Federal and civilian health higher education, teaching Aviation USUHS has gained recognition and care communities. Our Nation is proud Management at the University of evolved into the Academic Center for of Dr. Zimble’s long and distinguished Maryland Eastern Shore. Military Medicine. career and his devotion to the health of Bruce’s contributions and accom- During his tenure, Dr. Zimble re- the Armed Forces and that of all citi- plishments to aviation and public serv- mained focused on the medical readi- zens. I take this opportunity to thank ice have been recognized numerous ness and force health protection re- him for his tremendous dedication and times with prestigious honors, includ- quirements of the Uniformed Services. love for our country. I wish him fair ing his National Association of Avia- Today, USUHS prepares its career-ori- winds and following seas.∑ tion Officials Distinguished Service ented physicians, advanced practice f Award in 2000. He also received the Dis- nurses, and scientists for the practice tinguished Flying Cross in Vietnam of health care in contingency environ- TRIBUTE TO BRUCE F. MUNDIE and left the service a Lieutenant Colo- ments. USUHS alumni possess the es- ∑ Mr. SARBANES. Mr. President, I nel after a 26-year career in the United sential knowledge, skills, and attitudes wish to pay tribute today to Bruce States Air Force.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.054 S06PT1 S7576 CONGRESSIONAL RECORD — SENATE July 6, 2004 It is my firm conviction that public EXECUTIVE MESSAGE REFERRED of some U.S. agricultural sectors and service is the highest calling, one that As in executive session the Presiding their possible vulnerability to in- demands the most dedicated efforts of Officer laid before the Senate a mes- creased imports. The U.S.-Australia FTA also rein- those who have the opportunity to sage from the President of the United forces the importance of creativity and serve their fellow citizens and country. States submitting a nomination which technology to both of our economies. Throughout his career Bruce has exem- was referred to the Committee on the The Agreement includes rules pro- plified a firm commitment to meeting Judiciary. viding for strong protection and en- this demand, constantly and tirelessly (The nomination received today is devoting his energy to improving forcement of intellectual property printed at the end of the Senate pro- rights, promotes the use of electronic Maryland airports and the community ceedings.) through his education initiatives that commerce, and provides for increased have fostered local interest in aviation f cooperation between our agencies on and encouraged adolescents to remain LEGISLATION AND SUPPORTING addressing anticompetitive practices, in school. DOCUMENTS TO IMPLEMENT THE financial services, telecommuni- It has been a pleasure working with a UNITED STATES-AUSTRALIA cations, and other matters. The Agreement memorializes our man who has followed his passion to FREE TRADE AGREEMENT shared commitment to labor and envi- make aviation safer, more efficient, (FTA)—PM 90 and accessible to young people. I want ronmental issues. The United States to extend my personal congratulations The PRESIDING OFFICER laid be- and Australia have worked in close co- and thanks for his years of hard work fore the Senate the following message operation on these issues in the past and dedication and wish him the best from the President of the United and will pursue this strategy and com- in his future endeavors.∑ States, together with an accompanying mitment to cooperation in bilateral report; which was referred to the Com- and global fora in the future. f mittee on Finance: With the approval of this Agreement HONORING DR. DONALD DAHLIN To the Congress of the United States: and passage of the implementing legis- ∑ Mr. JOHNSON. Mr. President, I rise I am pleased to transmit legislation lation by the Congress, we will advance today to publicly congratulate Dr. and supporting documents prepared by U.S. economic, security, and political Donald Dahlin who is retiring from his my Administration to implement the interests, and set an example of the position as Vice President for Aca- United States-Australia Free Trade benefits of free trade and democracy demic Affairs at the University of Agreement (FTA). This Agreement for the world. South Dakota. He will be returning to adds an important dimension to our bi- GEORGE W. BUSH. THE WHITE HOUSE, July 6, 2004. the Department of Political Science lateral relationship with a steadfast where he will be teaching American ally in the global economic and stra- f Government and Constitutional Law tegic arena. This FTA will enhance the MESSAGES FROM THE HOUSE on a part-time basis. prosperity of the people of the United DURING ADJOURNMENT As the Vice President for Academic States and Australia, serve the interest ENROLLED BILLS SIGNED Affairs over the past 7 years, Don has of expanding U.S. commerce, and ad- further enhanced the ideals and prin- Under authority of the order of the vance our overall national interest. Senate of January 7, 2003, the Sec- ciples upon which the University of My Administration is committed to South Dakota stands. Much has been retary of the Senate, on June 28, 2004, securing a level playing field and cre- during the adjournment of the Senate, accomplished during his tenure. Of par- ating opportunities for America’s received a message from the House of ticular note is the progress made on a workers, farmers, and businesses. The Representatives announcing that the strategic plan and implementation of United States and Australia already Speaker has signed the following en- the First Year Experience and IdEA enjoy a strong trade relationship. The rolled bill: programs. U.S.-Australia FTA will further open University of South Dakota Presi- S. 2507. An act to amend the Richard B. Australia’s market for U.S. manufac- Russell National School Lunch Act and the dent James W. Abbott said that the tured goods, agricultural products, and Child Nutrition Act of 1966 to provide chil- University of South Dakota has bene- services, and will promote new growth dren with increased access to food and nutri- fited greatly from Dr. Dahlin’s service. in our bilateral trade. As soon as this tion assistance, to simplify program oper- As a new president without academic expe- ations and improve program management, to rience, I was extremely fortunate to have FTA enters into force, tariffs will be reauthorize child nutrition programs, and for been the beneficiary of Don Dahlin’s wisdom eliminated on almost all manufactured other purposes. and expertise. goods traded between our countries, Under the authority of the order of Don has provided leadership in many providing significant export opportuni- January 7, 2003, the enrolled bill was different roles. He served as the acting ties for American manufacturers. signed by the Acting President pro President at USD, Chair of the Depart- American farmers will also benefit due tempore (Mr. WARNER) during the ad- ment of Political Science, and Director to the elimination of tariffs on all ex- journment of the Senate, on June 28, of the Criminal Justice Studies Pro- ports of U.S. agricultural products. 2004. gram. He also served the State as Sec- The U.S.-Australia FTA will also Under authority of the order of Janu- retary of the Department of Public benefit small- and medium-sized busi- ary 7, 2003, the Secretary of the Senate, Safety as well as the Nation as an ac- nesses and their employees. Such firms on July 1, 2004, during the adjournment tive consultant in the field of law en- already account for a significant of the Senate, received a message from forcement, public safety, the judiciary amount of bilateral trade. The market the House of Representatives announc- and court management. opening resulting from this Agreement ing that the Speaker has signed the fol- Don’s leadership and character is ex- presents opportunities for those firms lowing enrolled bills: actly what the USD community and looking to start or enhance participa- H.R. 1731. An act to amend title 18, United education field in South Dakota needs tion in global trade. States Code, to establish penalties for aggra- to evolve and survive in the future. I In negotiating this FTA, my Admin- vated identity theft, and for other purposes. istration was guided by the negotiating H.R. 3846. An act to authorize the Sec- wish nothing but the best for him and retary of Agriculture and the Secretary of his family. It is with great honor that objectives set out in the Trade Act of the Interior to enter into an agreement or I share his impressive accomplish- 2002. The Agreement’s provisions on ag- contract with Indian tribes meeting certain ments with my colleagues.∑ riculture represent a balanced response criteria to carry out projects to protect In- to those seeking improved access to dian forest land. f Australia’s markets, through imme- Under the authority of the order of MESSAGE FROM THE PRESIDENT diate elimination of tariffs on U.S. ex- January 7, 2003, the enrolled bills were A message from the President of the ports and mechanisms to resolve sani- signed by the Acting President pro United States was communicated to tary and phytosanitary issues and fa- tempore (Mr. STEVENS) during the ad- the Senate by Mr. Williams, one of his cilitate trade between our countries, journment of the Senate, on July 6, secretaries. while recognizing the sensitive nature 2004.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.089 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7577 MESSAGE FROM THE HOUSE EC–8165. A communication from the Para- tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of At 11:09 a.m., a message from the tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: House of Representatives, delivered by transmitting, pursuant to law, the report of Hamilton Sunstrand Corporation (formerly Ms. Niland, one of its reading clerks, a rule entitled ‘‘Airworthiness Directives: Hamilton Standard Division) Model 568F announced that the House has passed Bell Helicopter Textron Canada Model 407 Propellers Doc. No. 2003–NE–48’’ (RIN2120– the following bill, in which it requests Helicopters Doc. No. 2003–SW–08’’ (RIN2120– AA64) received on June 22, 2004; to the Com- the concurrence of the Senate: AA64) received on June 22, 2004; to the Com- mittee on Commerce, Science, and Transpor- mittee on Commerce, Science, and Transpor- tation. H.R. 4614. An act making appropriations tation. for energy and water development for the fis- EC–8175. A communication from the Para- EC–8166. A communication from the Para- legal Specialist, Federal Aviation Adminis- cal year ending September 30, 2005, and for legal Specialist, Federal Aviation Adminis- other purposes. tration, Department of Transportation, tration, Department of Transportation, transmitting, pursuant to law, the report of f transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Airworthiness Directives: Boeing Model 757 Series Airplanes Equipped MEASURES REFERRED Fokker Model F27 Mark 100, 200, 300, 400, 500, With Rolls Royce RB211 Engines Doc. No. 600, and 700 Airplanes Doc. No. 2002–NM–253’’ The following bill was read the first 2000–NM–376’’ (RIN2120–AA64) received on (RIN2120–AA64) received on June 22, 2004; to and the second times by unanimous June 22, 2004; to the Committee on Com- the Committee on Commerce, Science, and consent, and referred as indicated: merce, Science, and Transportation. Transportation. H.R. 4614. An act making appropriations EC–8167. A communication from the Para- EC–8176. A communication from the Para- for energy and water development for the fis- legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- cal year ending September 30, 2005, and for tration, Department of Transportation, tration, Department of Transportation, other purposes; to the Committee on Appro- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of priations. a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Airworthiness Directives: f Raytheon Aircraft Company Model 1900, Airbus Model A330–200 Airplanes Doc. No. 1900C, 190C (C–12J), and 1900 D Airplanes Doc. 2003–NM–128’’ (RIN2120–AA64) received on MEASURES PLACED ON THE No. 95–CE–46’’ (RIN2120–AA64) received on June 22, 2004; to the Committee on Com- CALENDAR June 22, 2004; to the Committee on Com- merce, Science, and Transportation. The following bill was read the sec- merce, Science, and Transportation. EC–8177. A communication from the Para- EC–8168. A communication from the Para- ond time, and placed on the calendar: legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, H.R. 4359. An act to amend the Internal tration, Department of Transportation, transmitting, pursuant to law, the report of Revenue Code of 1986 to increase the child transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: tax credit. a rule entitled ‘‘Airworthiness Directives: Dornier Model 328–300 Airplanes Doc. No. f Boeing Model 757–200 Airplanes Doc. No. 2002–NM–156’’ (RIN2120–AA64) received on 2004–NM–44’’ (RIN2120–AA64) received on ENROLLED BILL PRESENTED June 22, 2004; to the Committee on Com- June 22, 2004; to the Committee on Com- merce, Science, and Transportation. The Secretary of the Senate reported merce, Science, and Transportation. EC–8178. A communication from the Para- EC–8169. A communication from the Para- that on June 30, 2004, she had presented legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, to the President of the United States tration, Department of Transportation, transmitting, pursuant to law, the report of the following enrolled bill: transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: S. 2507. An act to amend the Richard B. a rule entitled ‘‘Airworthiness Directives: Cessna Aircraft Company Models 208 and Russell National School Lunch Act and the Airbus Model A319 and A320 Airplanes Doc. 208B Airplanes Doc. No. 2004–CE–09’’ Child Nutrition Act of 1966 to provide chil- No. 2002–NM–278’’ (RIN2120–AA64) received on (RIN2120–AA64) received on June 22, 2004; to dren with increased access to food and nutri- June 22, 2004; to the Committee on Com- the Committee on Commerce, Science, and tion assistance, to simplify program oper- merce, Science, and Transportation. Transportation. ations and improve program management, to EC–8170. A communication from the Para- reauthorize child nutrition programs, and for legal Specialist, Federal Aviation Adminis- EC–8179. A communication from the Para- other purposes. tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of tration, Department of Transportation, f a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of EXECUTIVE AND OTHER Empresa Brasileira de Aeronautica S.A. a rule entitled ‘‘Airworthiness Directives: COMMUNICATIONS (EMBRAER) Model EMB–135 and 145 Air- McDonnell Douglas Model DC–9–14, 15, and planes Doc. No. 2002–NM–165’’ (RIN2120–AA64) 15F Airplanes Model DC–9–20, 30, 40, and 50 The following communications were received on June 22, 2004; to the Committee Airplanes, and Model DC–9–81 (MD81), MD82, laid before the Senate, together with on Commerce, Science, and Transportation. MD83, MD87, MD88, and MD90–30 Airplanes accompanying papers, reports, and doc- EC–8171. A communication from the Para- Doc. No. 2002–NM–203’’ (RIN2120–AA64) re- uments, and were referred as indicated: legal Specialist, Federal Aviation Adminis- ceived on June 22, 2004; to the Committee on tration, Department of Transportation, Commerce, Science, and Transportation. EC–8162. A communication from the Para- transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- EC–8180. A communication from the Para- a rule entitled ‘‘Airworthiness Directives: tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- Dornier Model 328–100 and 300 Airplanes Doc. tration, Department of Transportation, transmitting, pursuant to law, the report of No. 2003–NM–263’’ (RIN2120–AA64) received on a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of June 22, 2004; to the Committee on Com- a rule entitled ‘‘Airworthiness Directives: Boeing Model 767 Airplanes Powered by Gen- merce, Science, and Transportation. eral Electric or Pratt and Whitney Engines Eurocopter France Model EC155B and B1 Hel- EC–8172. A communication from the Para- icopters Doc. No. 2004–SW–05’’ (RIN2120– Doc. No. 2002–NM–275’’ (RIN2120–AA64) re- legal Specialist, Federal Aviation Adminis- ceived on June 22, 2004; to the Committee on AA64) received on June 22, 2004; to the Com- tration, Department of Transportation, mittee on Commerce, Science, and Transpor- Commerce, Science, and Transportation. transmitting, pursuant to law, the report of tation. EC–8163. A communication from the Para- a rule entitled ‘‘Airworthiness Directives: legal Specialist, Federal Aviation Adminis- Dornier Model 328–100 and –300 Airplanes EC–8181. A communication from the Para- tration, Department of Transportation, Doc. No. 2003–NM–112’’ (RIN2120–AA64) re- legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of ceived on June 22, 2004; to the Committee on tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: Commerce, Science, and Transportation. transmitting, pursuant to law, the report of Boeing Model 767 Airplanes Doc. No. 2004– EC–8173. A communication from the Para- a rule entitled ‘‘Airworthiness Directives: NM–17’’ (RIN2120–AA64) received on June 22, legal Specialist, Federal Aviation Adminis- Boeing Model 737–100, 200, 200C, 300, 400, and 2004; to the Committee on Commerce, tration, Department of Transportation, 500 Airplanes Doc. No. 2004–NM–29’’ (RIN2120– Science, and Transportation. transmitting, pursuant to law, the report of AA64) received on June 22, 2004; to the Com- EC–8164. A communication from the Para- a rule entitled ‘‘Airworthiness Directives: mittee on Commerce, Science, and Transpor- legal Specialist, Federal Aviation Adminis- Empresa Brasileira de Aeronautica S.A. tation. tration, Department of Transportation, (EMBRAER) Model DMB–135BJ and EMB– EC–8182. A communication from the Para- transmitting, pursuant to law, the report of 145XR Airplanes Doc. No. 2003–NM–218’’ legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives: (RIN2120–AA64) received on June 22, 2004; to tration, Department of Transportation, Lockheed Model L–1011 Airplanes Doc. No. the Committee on Commerce, Science, and transmitting, pursuant to law, the report of 2000–NM–145’’ (RIN2120–AA64) received on Transportation. a rule entitled ‘‘Airworthiness Directives: June 22, 2004; to the Committee on Com- EC–8174. A communication from the Para- Empresa Brasileira de Aeronautica S.A. merce, Science, and Transportation. legal Specialist, Federal Aviation Adminis- (EMBRAER) Model EMB–120 Airplanes Doc.

VerDate jul 14 2003 05:59 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.058 S06PT1 S7578 CONGRESSIONAL RECORD — SENATE July 6, 2004 No. 2003–NM–79’’ (RIN2120–AA64) received on EC–8192. A communication from the Para- a rule entitled ‘‘Modification of Class E Air- June 22, 2004; to the Committee on Com- legal Specialist, Federal Aviation Adminis- space; Fulton, MO Doc. No. 04–ACE–15’’ merce, Science, and Transportation. tration, Department of Transportation, (RIN2120–AA66) received on June 22, 2004; to EC–8183. A communication from the Para- transmitting, pursuant to law, the report of the Committee on Commerce, Science, and legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Modification of Class E Air- Transportation. tration, Department of Transportation, space; Mount Comfort, IN Revocation of EC–8202. A communication from the Para- transmitting, pursuant to law, the report of Class E Airspace; Indianapolis-Brookside, IN; legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives: Modification of Legal Description; Indianap- tration, Department of Transportation, Gulfstream Aerospace LP Models Astra SPX olis-Terry, IN Doc. No. 03–AGL–16’’ (RIN2120– transmitting, pursuant to law, the report of and 1125 Westwind Astra Airplanes Doc. No. AA66) received on June 22, 2004; to the Com- a rule entitled ‘‘Modification of Class E Air- 2002–NM–236’’ (RIN2120–AA64) received on mittee on Commerce, Science, and Transpor- space; North Platte, NE’’ (RIN2120–AA66) re- June 22, 2004; to the Committee on Com- tation. ceived on June 22, 2004; to the Committee on merce, Science, and Transportation. EC–8193. A communication from the Para- Commerce, Science, and Transportation. EC–8184. A communication from the Para- legal Specialist, Federal Aviation Adminis- EC–8203. A communication from the Para- legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, transmitting, pursuant to law, the report of tration, Department of Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Modification of Class E Air- transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: space; Chappell, NE Doc. No. 04–ACE–22’’ a rule entitled ‘‘Modification of Class E Air- CORRECTION Cessna Model 500, 501, 550, and (RIN2120–AA66) received on June 22, 2004; to space; Excelsior Springs, MO Doc. No. 04– 551 Airplanes Doc. No. 2000–NM–65’’ (RIN2120– the Committee on Commerce, Science, and ACE–13’’ (RIN2120–AA66) received on June 22, AA64) received on June 22, 2004; to the Com- Transportation. 2004; to the Committee on Commerce, mittee on Commerce, Science, and Transpor- EC–8194. A communication from the Para- Science, and Transportation. tation. legal Specialist, Federal Aviation Adminis- EC–8204. A communication from the Para- EC–8185. A communication from the Para- tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of tration, Department of Transportation, tration, Department of Transportation, a rule entitled ‘‘Modification of Class E Air- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of space; McCook, NE Doc. No. 04–ACE–34’’ a rule entitled ‘‘Modification of Class E Air- a rule entitled ‘‘Airworthiness Directives: (RIN2120–AA66) received on June 22, 2004; to space; Gideon, MO Doc. No. 04–ACE–16’’ Pilatus Aircraft Ltd. Models PC–12 and PC– the Committee on Commerce, Science, and (RIN2120–AA66) received on June 22, 2004; to 12/45 Airplanes Doc. No. 2004–CE–08’’ Transportation. the Committee on Commerce, Science, and (RIN2120–AA64) received on June 22, 2004; to EC–8195. A communication from the Para- Transportation. the Committee on Commerce, Science, and legal Specialist, Federal Aviation Adminis- EC–8205. A communication from the Para- Transportation. tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- EC–8186. A communication from the Para- transmitting, pursuant to law, the report of tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Establishment of Class E transmitting, pursuant to law, the report of tration, Department of Transportation, Airspace; Hamilton, MT Doc. No. 03–ANM– a rule entitled ‘‘Modification of Class E Air- transmitting, pursuant to law, the report of 05’’ (RIN2120–AA66) received on June 22, 2004; space; Cassville, MO Doc. No. 04–ACE–18’’ a rule entitled ‘‘Airworthiness Directives: to the Committee on Commerce, Science, (RIN2120–AA66) received on June 22, 2004; to Boeing Model 747–400 and 40D Airplanes Doc. and Transportation. the Committee on Commerce, Science, and No. 2004–NM–01’’ (RIN2120–AA64) received on EC–8196. A communication from the Para- Transportation. June 22, 2004; to the Committee on Com- legal Specialist, Federal Aviation Adminis- EC–8206. A communication from the Para- merce, Science, and Transportation. tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- EC–8187. A communication from the Para- transmitting, pursuant to law, the report of tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Modification of Class E Air- transmitting, pursuant to law, the report of tration, Department of Transportation, space; Wahoo, NE Doc. No. 04–ACE–37’’ a rule entitled ‘‘Modification of Class E Air- transmitting, pursuant to law, the report of (RIN2120–AA66) received on June 22, 2004; to space; Moberly, MO Doc. No. 04–ACE–21’’ a rule entitled ‘‘Airworthiness Directives: the Committee on Commerce, Science, and (RIN2120–AA66) received on June 22, 2004; to Dornier Model 328–100 and 300 Airplanes Doc. Transportation. the Committee on Commerce, Science, and No. 2003–NM–120’’ (RIN2120–AA64) received on EC–8197. A communication from the Para- Transportation. June 22, 2004; to the Committee on Com- legal Specialist, Federal Aviation Adminis- EC–8207. A communication from the Para- merce, Science, and Transportation. tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- EC–8188. A communication from the Para- transmitting, pursuant to law, the report of tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Modification of Class E Air- transmitting, pursuant to law, the report of tration, Department of Transportation, space; Ogallala, NE Doc. No. 04–ACE–36’’ a rule entitled ‘‘Modification of Class E Air- transmitting, pursuant to law, the report of (RIN2120–AA66) received on June 22, 2004; to space; Wayne, NE Doc. No. 04–ACE–38’’ a rule entitled ‘‘Establishment of Class E the Committee on Commerce, Science, and (RIN2120–AA66) received on June 22, 2004; to Airspace; King Cove, AK Doc. No. 03–AAL– Transportation. the Committee on Commerce, Science, and 26’’ (RIN2120–AA66) received on June 22, 2004; EC–8198. A communication from the Para- Transportation. to the Committee on Commerce, Science, legal Specialist, Federal Aviation Adminis- EC–8208. A communication from the Para- and Transportation. tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- EC–8189. A communication from the Para- transmitting, pursuant to law, the report of tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Modification of Class E Air- transmitting, pursuant to law, the report of tration, Department of Transportation, space; Moberly, MO Doc. No. 04–ACE–21’’ a rule entitled ‘‘Establishment of Class E transmitting, pursuant to law, the report of (RIN2120–AA66) received on June 22, 2004; to Airspace; Clayton, NM Doc. No. 2004–SW–08’’ a rule entitled ‘‘Amendment of Class D, E2 the Committee on Commerce, Science, and (RIN2120–AA66) received on June 22, 2004; to and E4 Airspace; Columbus Lawson AAF, Transportation. the Committee on Commerce, Science, and GA, and Class E5 Airspace; Columbus, GA EC–8199. A communication from the Para- Transportation. Doc. No. 03–ASO–20’’ (RIN2120–AA66) received legal Specialist, Federal Aviation Adminis- EC–8209. A communication from the Para- on June 22, 2004; to the Committee on Com- tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- merce, Science, and Transportation. transmitting, pursuant to law, the report of tration, Department of Transportation, EC–8190. A communication from the Para- a rule entitled ‘‘Modification of Class E Air- transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- space; Gothenburg, NE Doc. No. 04–ACE–24’’ a rule entitled ‘‘Establishment of Class E tration, Department of Transportation, (RIN2120–AA66) received on June 22, 2004; to Airspace; Manchester, NH Doc. No. 2003–NE– transmitting, pursuant to law, the report of the Committee on Commerce, Science, and 104’’ (RIN2120–AA66) received on June 22, a rule entitled ‘‘Establishment of Class E Transportation. 2004; to the Committee on Commerce, Airspace; Beckwourth, CA Doc. No. 03–AWP– EC–8200. A communication from the Para- Science, and Transportation. 7’’ (RIN2120–AA66) received on June 22, 2004; legal Specialist, Federal Aviation Adminis- EC–8210. A communication from the Para- to the Committee on Commerce, Science, tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- and Transportation. transmitting, pursuant to law, the report of tration, Department of Transportation, EC–8191. A communication from the Para- a rule entitled ‘‘Modification of Class E Air- transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- space; Johnson, KS Doc. No. 04–CE–17’’ a rule entitled ‘‘Establishment of Class E tration, Department of Transportation, (RIN2120–AA66) received on June 22, 2004; to Airspace; Kipnuk, AK Doc. No. 04–AAL–05’’ transmitting, pursuant to law, the report of the Committee on Commerce, Science, and (RIN2120–AA66) received on June 22, 2004; to a rule entitled ‘‘Modification of Class E Air- Transportation. the Committee on Commerce, Science, and space; Des Moines, IA Doc. No. 04–ACE–11’’ EC–8201. A communication from the Para- Transportation. (RIN2120–AA66) received on June 22, 2004; to legal Specialist, Federal Aviation Adminis- EC–8211. A communication from the Para- the Committee on Commerce, Science, and tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- Transportation. transmitting, pursuant to law, the report of tration, Department of Transportation,

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.035 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7579 transmitting, pursuant to law, the report of EC–8221. A communication from the Para- cific Whiting Fishery South of 42 Degrees a rule entitled ‘‘Establishment of Class E legal Specialist, Federal Aviation Adminis- North Latitude’’ (ID052004B) received on Airspace; Allakaket, AK Doc. No. 04–AAL– tration, transmitting, pursuant to law, the June 22, 2004; to the Committee on Com- 04’’ (RIN2120–AA66) received on June 22, 2004; report of a rule entitled ‘‘Airworthiness Di- merce, Science, and Transportation. to the Committee on Commerce, Science, rectives: Aerospataile Model ATR42–500 and EC–8231. A communication from the Acting and Transportation. ATR72–212A Airplanes Doc. No. 2002–NM–301’’ Director, Office of Sustainable Fisheries, Na- EC–8212. A communication from the Para- (RIN2120–AA64) received on June 22, 2004; to tional Marine Fisheries Service, transmit- legal Specialist, Federal Aviation Adminis- the Committee on Commerce, Science, and ting, pursuant to law, the report of a rule en- tration, Department of Transportation, Transportation. titled ‘‘Fisheries Off West Coast States and transmitting, pursuant to law, the report of EC–8222. A communication from the Para- in the Western Pacific; West Coast Salmon a rule entitled ‘‘Establishment of Class E legal Specialist, Federal Aviation Adminis- Fisheries; Inseason Action #1—Adjustment Airspace; Galliano, LA Doc. No. 04–SW–07’’ tration, transmitting, pursuant to law, the of the Commercial Fishery from the U.S.- (RIN2120–AA66) received on June 22, 2004; to report of a rule entitled ‘‘Revision of Federal Canada Border to Cape Falcon, Oregon’’ the Committee on Commerce, Science, and Airway 137 Doc. No. 03–AWP–2’’ (RIN2120– (ID051704B) received on June 22, 2004; to the Transportation. AA66) received on June 22, 2004; to the Com- Committee on Commerce, Science, and EC–8213. A communication from the Para- mittee on Commerce, Science, and Transpor- Transportation. legal Specialist, Federal Aviation Adminis- tation. EC–8232. A communication from the Dep- tration, Department of Transportation, EC–8223. A communication from the Para- uty Associate Administrator for Regulatory transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- Programs, National Marine Fisheries Serv- a rule entitled ‘‘Establishment of Class E tration, transmitting, pursuant to law, the ice, Office of Sustainable Fisheries, National Airspace; Wales, AK Doc. No. 04–AAL–02’’ report of a rule entitled ‘‘Standard Instru- Marine Fisheries Service, transmitting, pur- (RIN2120–AA66) received on June 22, 2004; to ment Approach Procedures; Miscellaneous suant to law, the report of a rule entitled the Committee on Commerce, Science, and Amendments (18) Amendment No. 3097’’ ‘‘Designation of the AT1 Group of Transient Transportation. (RIN2120–AA65) received on June 22, 2004; to Killer Whales as a Depleted Stock Under the EC–8214. A communication from the Para- the Committee on Commerce, Science, and Marine Mammal Protection Act’’ (RIN0648– legal Specialist, Federal Aviation Adminis- Transportation. AR14) received on June 22, 2004; to the Com- tration, Department of Transportation, EC–8224. A communication from the Para- mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- tation. a rule entitled ‘‘Establishment of Class E tration, transmitting, pursuant to law, the EC–8233. A communication from the Sec- Airspace; Platinum, AK Doc. No. 04–AAL–03’’ report of a rule entitled ‘‘Standard Instru- retary of Transportation, transmitting, pur- (RIN2120–AA66) received on June 22, 2004; to ment Approach Procedures; Miscellaneous suant to law, a report entitled ‘‘Buckle Up the Committee on Commerce, Science, and Amendments (52) Amendment No. 3096’’ America’’; to the Committee on Commerce, Transportation. (RIN2120–AA65) received on June 22, 2004; to Science, and Transportation. EC–8215. A communication from the Para- EC–8234. A communication from the Acting the Committee on Commerce, Science, and legal Specialist, Federal Aviation Adminis- Director, Office of Sustainable Fisheries, Na- Transportation. tration, Department of Transportation, EC–8225. A communication from the Para- tional Marine Fisheries Service, transmit- transmitting, pursuant to law, the report of ting, pursuant to law, the report of a rule en- legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Establishment of Restricted titled ‘‘Fisheries Off West Coast States and tration, transmitting, pursuant to law, the Area 2204; Oliktok Point, AK Doc. No. 03– in the Western Pacific; West Coast Salmon report of a rule entitled ‘‘Standard Instru- AAL–1’’ (RIN2120–AA66) received on June 22, Fisheries; Inseason Actions #2 and #3—Ad- ment Approach Procedures; Miscellaneous 2004; to the Committee on Commerce, justments of the Commercial Fishery from Amendments (76) Amendment No. 3095’’ Science, and Transportation. the U.S.-Canada Border to Cape Falcon, Or- (RIN2120–AA65) received on June 22, 2004; to EC–8216. A communication from the Para- egon’’ (ID05/2704B) received on June 22, 2004; the Committee on Commerce, Science, and legal Specialist, Federal Aviation Adminis- to the Committee on Commerce, Science, Transportation. tration, Department of Transportation, and Transportation. EC–8226. A communication from the Para- transmitting, pursuant to law, the report of EC–8235. A communication from the Sec- a rule entitled ‘‘Establishment of Class D legal Specialist, Federal Aviation Adminis- retary of Defense, transmitting, pursuant to Airspace; Denton, TX Doc. No. 04–ASW–09’’ tration, transmitting, pursuant to law, the law, the report of a retirement; to the Com- (RIN2120–AA66) received on June 22, 2004; to report of a rule entitled ‘‘Standard Instru- mittee on Armed Services. the Committee on Commerce, Science, and ment Approach Procedures; Miscellaneous EC–8236. A communication from the Under Transportation. Amendments (63) Amendment No. 3094’’ Secretary of Defense for Personnel and Read- EC–8217. A communication from the Para- (RIN2120–AA65) received on June 22, 2004; to iness, transmitting, pursuant to law, the re- legal Specialist, Federal Aviation Adminis- the Committee on Commerce, Science, and port of a retirement; to the Committee on tration, Department of Transportation, Transportation. Armed Services. transmitting, pursuant to law, the report of EC–8227. A communication from the Para- EC–8237. A communication from the Under a rule entitled ‘‘Amendment of Class E Air- legal Specialist, Federal Aviation Adminis- Secretary of Defense for Personnel and Read- space; Lynchburg, VA Doc. No. 04–AEA–03’’ tration, transmitting, pursuant to law, the iness, transmitting, pursuant to law, the re- (RIN2120–AA66) received on June 22, 2004; to report of a rule entitled ‘‘Standard Instru- port of a retirement; to the Committee on the Committee on Commerce, Science, and ment Approach Procedures; Miscellaneous Armed Services. Transportation. Amendments (49) Amendment No. 3098’’ EC–8238. A communication from the Prin- EC–8218. A communication from the Para- (RIN2120–AA65) received on June 22, 2004; to cipal Deputy, Under Secretary of Defense for legal Specialist, Federal Aviation Adminis- the Committee on Commerce, Science, and Personnel and Readiness, transmitting, pur- tration, Department of Transportation, Transportation. suant to law, the authorization of officers to transmitting, pursuant to law, the report of EC–8228. A communication from the Para- wear the insignia of the next higher grade; to a rule entitled ‘‘Modification of Restricted legal Specialist, Federal Aviation Adminis- the Committee on Armed Services. Area 5115, NM; and Restricted Areas 6316, tration, transmitting, pursuant to law, the EC–8239. A communication from the Prin- 6317, and 6318, TX Doc. No. 04–ASW–03’’ report of a rule entitled ‘‘IFR Altitudes; Mis- cipal Deputy, Under Secretary of Defense for (RIN2120–AA66) received on June 22, 2004; to cellaneous Amendments (14) Amendment No. Personnel and Readiness, transmitting, pur- the Committee on Commerce, Science, and 448’’ (RIN2120–AA63) received on June 22, suant to law, the authorization of officers to Transportation. 2004; to the Committee on Commerce, wear the insignia of the next higher grade; to EC–8219. A communication from the Para- Science, and Transportation. the Committee on Armed Services. legal Specialist, Federal Aviation Adminis- EC–8229. A communication from the Dep- EC–8240. A communication from the Prin- tration, Department of Transportation, uty Assistant Administrator for Regulatory cipal Deputy, Under Secretary of Defense for transmitting, pursuant to law, the report of Programs, National Marine Fisheries Serv- Personnel and Readiness, transmitting, pur- a rule entitled ‘‘Airworthiness Directives; ice, Department of Commerce, transmitting, suant to law, the authorization of an officer Dassault Model Mystere-Falcon 50 Airplanes pursuant to law, the report of a rule entitled to wear the insignia of the next higher grade; Doc. No. 2002–NM–2004’’ (RIN2120–AA64) re- ‘‘Sea Turtle Conservation; Additional Excep- to the Committee on Armed Services. ceived on June 22, 2004; to the Committee on tion to Sea Turtle Take Prohibition’’ EC–8241. A communication from the Prin- Commerce, Science, and Transportation. (RIN0648–AR69) received on June 22, 2004; to cipal Deputy, Under Secretary of Defense for EC–8220. A communication from the Para- the Committee on Commerce, Science, and Personnel and Readiness, transmitting, pur- legal Specialist, Federal Aviation Adminis- Transportation. suant to law, the authorization of an officer tration, Department of Transportation, EC–8230. A communication from the Acting to wear the insignia of the next higher grade; transmitting, pursuant to law, the report of Director, Office of Sustainable Fisheries, Na- to the Committee on Armed Services. a rule entitled ‘‘Airworthiness Directives: tional Marine Fisheries Service, transmit- EC–8242. A communication from the Prin- CORRECTION: McDonnell Douglas MD–11 ting, pursuant to law, the report of a rule en- cipal Deputy, Under Secretary of Defense for and 11F Airplanes Doc. No. 2001–NM–161’’ titled ‘‘Fisheries Off West Coast States and Personnel and Readiness, transmitting, pur- (RIN2120–AA66) received on June 22, 2004; to in the Western Pacific; Pacific Coast suant to law, the authorization of an officer the Committee on Commerce, Science, and Groundfish Fishery; Temporary Closure of to wear the insignia of the next higher grade; Transportation. the Primary Season of the Shore-based Pa- to the Committee on Armed Services.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.037 S06PT1 S7580 CONGRESSIONAL RECORD — SENATE July 6, 2004 EC–8243. A communication from the Chair- transmitting, pursuant to law, the report of ject to the nominee’s commitment to man, Technology and Privacy Advisory Com- a nomination for the position of Assistant respond to requests to appear and tes- mittee, Department of Defense, transmit- Secretary for Enforcement, Department of tify before any duly constituted com- ting, pursuant to law, a report entitled the Treasury received on June 7, 2004; to the mittee of the Senate. ‘‘Safeguarding Privacy in the Fight Against Committee on Banking, Housing, and Urban Terrorism’’; to the Committee on Armed Affairs. f Services. EC–8255. A communication from the White EC–8244. A communication from the Direc- House Liaison, Department of the Treasury, INTRODUCTION OF BILLS AND tor, Defense Procurement and Acquisition transmitting, pursuant to law, the report of JOINT RESOLUTIONS Policy, Department of Defense, transmit- a vacancy and designation of acting officer The following bills and joint resolu- ting, pursuant to law, the report of a rule en- for the position of Inspector General, Depart- tions were introduced, read the first titled ‘‘Follow-On Production Contracts for ment of the Treasury received on June 7, Products Developed Pursuant to Prototype 2004; to the Committee on Banking, Housing, and second times by unanimous con- Projects’’ (DFARS Case 2002–D023) received and Urban Affairs. sent, and referred as indicated: on June 22 , 2004; to the Committee on Armed EC–8256. A communication from the White By Mr. LEVIN: Services. House Liaison, Department of the Treasury, S. 2607. A bill to provide for the reliquida- EC–8245. A communication from the Direc- transmitting, pursuant to law, the report of tion of certain entries of candles; to the tor, Defense Procurement and Acquisition a nomination for the position of Under Sec- Committee on Finance. Policy, Department of Defense, transmit- retary for Enforcement, Department of the By Mr. LEVIN: ting, pursuant to law, the report of a rule en- Treasury received on June 7, 2004; to the S. 2608. A bill to provide for the reliquida- titled ‘‘Production Surveillance and Report- Committee on Banking, Housing, and Urban tion of certain entries of clock radios; to the ing’’ (DFARS Case 2002–D015) received on Affairs. Committee on Finance. June 22, 2004; to the Committee on Armed EC–8257. A communication from the White By Mr. COLEMAN (for himself, Mr. Services. House Liaison, Department of the Treasury, KOHL, Mr. LEAHY, Ms. COLLINS, Mr. EC–8246. A communication from the Direc- transmitting, pursuant to law, the report of DASCHLE, Mr. JOHNSON, and Mr. HAR- tor, Defense Procurement and Acquisition a nomination confirmed for the position of KIN): Policy, Department of Defense, transmit- Under Secretary for Domestic Finance, De- S. 2609. A bill to amend the Farm Security ting, pursuant to law, the report of a rule en- partment of the Treasury received on June 7, and Rural Investment Act of 2002 to extend titled ‘‘Fish, Shellfish, and Seafood Prod- 2004; to the Committee on Banking, Housing, and improve national dairy market loss pay- ucts’’ (DFARS Case 2002–D034) received on and Urban Affairs. ments; to the Committee on Agriculture, Nu- June 22, 2004; to the Committee on Armed EC–8258. A communication from the White trition, and Forestry. Services. House Liaison, Department of the Treasury, By Mr. GRASSLEY (for himself, Mr. EC–8247. A communication from the Direc- transmitting, pursuant to law, the report of BAUCUS, and Mr. FRIST) (by request): tor, Defense Procurement and Acquisition a nomination confirmed for the position of S. 2610. A bill to implement the United Policy, Department of Defense, transmit- Assistant General Counsel (Treasury)/Chief States-Australia Free Trade Agreement; to ting, pursuant to law, the report of a rule en- Counsel, IRS, Department of the Treasury the Committee on Finance pursuant to sec- titled ‘‘Contracting for Architect-Engineer received on June 7, 2004; to the Committee tion 2103(b)(3) of Public Law 107–210. Services’’ (DFARS Case 2003–D105) received on Banking, Housing, and Urban Affairs. on June 22, 2004; to the Committee on Armed f Services. f SUBMISSION OF CONCURRENT AND EC–8248. A communication from the Sec- REPORTS OF COMMITTEES retary of Defense, transmitting, pursuant to SENATE RESOLUTIONS law, a report relative to the health coordina- Under the authority of the order of The following concurrent resolutions tion and sharing activities portion of the Na- the Senate of June 25, 2004, the fol- and Senate resolutions were read, and tional Defense Authorization Act of 2003; to lowing reports of committees were sub- referred (or acted upon), as indicated: the Committee on Armed Services. mitted on June 30, 2004: EC–8249. A communication from the White By Mr. LUGAR: By Ms. COLLINS, from the Committee on House Liaison, Department of the Treasury, S. Res. 398. A resolution expressing the Government Affairs, without amendment: transmitting, pursuant to law, the report of sense of the Senate on promoting initiatives S. 2351. A bill to establish a Federal Inter- a nomination confirmed for the position of to develop an HIV vaccine; to the Committee agency Committee on Emergency Medical Deputy Secretary, Department of the Treas- on Foreign Relations. Services and a Federal Interagency Com- ury received on June 7, 2004; to the Com- mittee on Emergency Medical Services Advi- f mittee on Banking, Housing, and Urban Af- sory Council, and for other purposes (Rept. fairs. No. 108–291). ADDITIONAL COSPONSORS EC–8250. A communication from the White House Liaison, Department of the Treasury, f S. 346 At the request of Mrs. DOLE, her transmitting, pursuant to law, the report of REPORTS OF COMMITTEES a vacancy and designation of acting officer name was added as a cosponsor of S. for the position of Assistant Secretary for The following reports of committees 346, a bill to amend the Office of Fed- Tax Policy, Department of the Treasury re- were submitted: eral Procurement Policy Act to estab- ceived on June 7, 2004; to the Committee on By Mr. HATCH, from the Committee on lish a governmentwide policy requiring Banking, Housing, and Urban Affairs. the Judiciary, with an amendment in the na- EC–8251. A communication from the White competition in certain executive agen- ture of a substitute: cy procurements. House Liaison, Department of the Treasury, S. 1735. A bill to increase and enhance law S. 453 transmitting, pursuant to law, the report of enforcement resources committed to inves- a vacancy and designation of acting officer tigation and prosecution of violent gangs, to At the request of Mrs. HUTCHISON, the for the position of Assistant Secretary for deter and punish violent gang crime, to pro- name of the Senator from Virginia (Mr. Management, Department of the Treasury tect law abiding citizens and communities WARNER) was added as a cosponsor of S. received on June 7, 2004; to the Committee from violent criminals, to revise and en- 453, a bill to authorize the Health Re- on Banking, Housing, and Urban Affairs. hance criminal penalties for violent crimes, EC–8252. A communication from the White sources and Services Administration to reform and facilitate prosecution of juve- House Liaison, Department of the Treasury, and the National Cancer Institute to nile gang members who commit violent transmitting, pursuant to law, the report of crimes, to expand and improve gang preven- make grants for model programs to a vacancy and designation of acting officer tion programs, and for other purposes. provide to individuals of health dis- for the position of Chief Financial Officer, parity populations prevention, early f Department of the Treasury received on detection, treatment, and appropriate June 7, 2004; to the Committee on Banking, EXECUTIVE REPORT OF follow-up care services for cancer and Housing, and Urban Affairs. EC–8253. A communication from the White COMMITTEE chronic diseases, and to make grants House Liaison, Department of the Treasury, The following executive report of regarding patient navigators to assist transmitting, pursuant to law, the report of committee was submitted: individuals of health disparity popu- a nomination confirmed for the position of By Ms. COLLINS for the Committee on lations in receiving such services. Assistant Secretary for Economic Policy, Government Affairs. S. 467 Department of the Treasury received on *David M. Stone, of Virginia, to be an As- At the request of Mrs. MURRAY, her June 7, 2004; to the Committee on Banking, sistant Secretary of Homeland Security. Housing, and Urban Affairs. name was added as a cosponsor of S. EC–8254. A communication from the White *Nomination was reported with rec- 467, a bill to amend the Internal Rev- House Liaison, Department of the Treasury, ommendation that it be confirmed sub- enue Code of 1986 to allow a deduction

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.039 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7581 for State and local sales taxes in lieu of who became disabled for life while MILLER) was added as a cosponsor of S. State and local income taxes and to serving in the Armed Forces of the 2439, a bill to award a congressional allow the State and local income tax United States. gold medal to Michael Ellis DeBakey, deduction against the alternative min- S. 1735 M.D. imum tax. At the request of Mr. HATCH, the S. 2461 S. 560 names of the Senator from New York At the request of Mr. DEWINE, the At the request of Mr. DAYTON, the (Mr. SCHUMER) and the Senator from names of the Senator from Pennsyl- name of the Senator from Massachu- Delaware (Mr. BIDEN) were added as co- vania (Mr. SPECTER) and the Senator setts (Mr. KERRY) was added as a cosponsors of S. 1735, a bill to increase from Connecticut (Mr. DODD) were sponsor of S. 560, a bill to impose tariff- and enhance law enforcement resources added as cosponsors of S. 2461, a bill to rate quotas on certain casein and milk committed to investigation and pros- protect the public health by providing protein concentrates. ecution of violent gangs, to deter and the Food and Drug Administration S. 664 punish violent gang crime, to protect with certain authority to regulate to- At the request of Mr. NELSON of Flor- law abiding citizens and communities bacco products. ida, his name was added as a cosponsor from violent criminals, to revise and S. 2468 of S. 664, a bill to amend the Internal enhance criminal penalties for violent At the request of Ms. COLLINS, the Revenue Code of 1986 to permanently crimes, to reform and facilitate pros- name of the Senator from Virginia (Mr. extend the research credit, to increase ecution of juvenile gang members who ALLEN) was added as a cosponsor of S. the rates of the alternative incre- commit violent crimes, to expand and 2468, a bill to reform the postal laws of mental credit, and to provide an alter- improve gang prevention programs, the United States. native simplified credit for qualified and for other purposes. S. 2477 research expenses. S. 2132 At the request of Mr. REED, the name EINGOLD S. 847 At the request of Mr. F , the of the Senator from California (Mrs. name of the Senator from Pennsyl- At the request of Mrs. CLINTON, the BOXER) was added as a cosponsor of S. name of the Senator from Massachu- vania (Mr. SPECTER) was added as a co- 2477, a bill to amend the Higher Edu- sponsor of S. 2132, a bill to prohibit ra- setts (Mr. KENNEDY) was added as a co- cation Act of 1965 to expand college ac- sponsor of S. 847, a bill to amend title cial profiling. cess and increase college persistence, XIX of the Social Security Act to per- S. 2248 to simplify the process of applying for mit States the option to provide med- At the request of Mr. LAUTENBERG, student assistance, and for other pur- icaid coverage for low income individ- the name of the Senator from Oregon poses. uals infected with HIV. (Mr. SMITH) was added as a cosponsor S. 2533 of S. 2248, a bill to clarify the Har- At the request of Ms. MIKULSKI, the S. 893 monized Tariff Schedule classification names of the Senator from Georgia At the request of Mr. SANTORUM, the of certain leather goods. (Mr. MILLER), the Senator from Arkan- name of the Senator from Georgia (Mr. S. 2328 sas (Mr. PRYOR) and the Senator from MILLER) was added as a cosponsor of S. At the request of Mr. DORGAN, the Indiana (Mr. LUGAR) were added as co- 893, a bill to amend title VII of the names of the Senator from Nevada (Mr. sponsors of S. 2533, a bill to amend the Civil Rights Act of 1964 to establish REID), the Senator from North Dakota Public Health Service Act to fund provisions with respect to religious ac- (Mr. CONRAD) and the Senator from breakthroughs in Alzheimer’s disease commodation in employment, and for Maryland (Mr. SARBANES) were added research while providing more help to other purposes. as cosponsors of S. 2328, a bill to amend caregivers and increasing public edu- S. 944 the Federal Food, Drug, and Cosmetic cation about prevention. At the request of Mr. JEFFORDS, the Act with respect to the importation of S. CON. RES. 41 name of the Senator from New York prescription drugs, and for other pur- At the request of Mr. KENNEDY, the (Mrs. CLINTON) was added as a cospon- poses. name of the Senator from New Jersey sor of S. 944, a bill to enhance national S. 2351 (Mr. LAUTENBERG) was added as a co- security, environmental quality, and At the request of Mr. FEINGOLD, the sponsor of S. Con. Res. 41, a concurrent economic stability by increasing the name of the Senator from New Jersey resolution directing Congress to enact production of clean, domestically pro- (Mr. LAUTENBERG) was added as a co- legislation by October 2005 that produced renewable energy as a fuel sponsor of S. 2351, a bill to establish a vides access to comprehensive health source for the national electric system. Federal Interagency Committee on care for all Americans. S. 1129 Emergency Medical Services and a S. RES. 271 At the request of Mrs. FEINSTEIN, the Federal Interagency Committee on At the request of Mr. COLEMAN, the name of the Senator from Hawaii (Mr. Emergency Medical Services Advisory name of the Senator from Pennsyl- AKAKA) was added as a cosponsor of S. Council, and for other purposes. vania (Mr. SANTORUM) was added as a 1129, a bill to provide for the protection S. 2363 cosponsor of S. Res. 271, a resolution of unaccompanied alien children, and At the request of Mr. HATCH, the urging the President of the United for other purposes. name of the Senator from Nebraska States diplomatic corps to dissuade S. 1368 (Mr. NELSON) was added as a cosponsor member states of the United Nations At the request of Mr. LEVIN, the of S. 2363, a bill to revise and extend from supporting resolutions that un- name of the Senator from West Vir- the Boys and Girls Clubs of America. fairly castigate Israel and to promote ginia (Mr. BYRD) was added as a co- At the request of Mr. HAGEL, his within the United Nations General As- sponsor of S. 1368, a bill to authorize name was added as a cosponsor of S. sembly more balanced and constructive the President to award a gold medal on 2363, supra. approaches to resolving conflict in the behalf of the Congress to Reverend S. 2383 Middle East. Doctor Martin Luther King, Jr. (post- At the request of Mr. NELSON of Flor- S. RES. 345 humously) and his widow Coretta Scott ida, his name was added as a cosponsor At the request of Mrs. CLINTON, the King in recognition of their contribu- of S. 2383, a bill to amend title 10, names of the Senator from Illinois (Mr. tions to the Nation on behalf of the United States Code, to require the reg- DURBIN) and the Senator from Maine civil rights movement. istration of contractors’ taxpayer iden- (Ms. COLLINS) were added as cosponsors S. 1379 tification numbers in the Central Con- of S. Res. 345, a resolution expressing At the request of Mr. JOHNSON, the tractor Registry database of the De- the Sense of the Senate that Congress name of the Senator from California partment of Defense, and for other pur- should expand the supports and serv- (Mrs. FEINSTEIN) was added as a co- poses. ices available to grandparents and sponsor of S. 1379, a bill to require the S. 2439 other relatives who are raising children Secretary of the Treasury to mint At the request of Mrs. HUTCHISON, the when their biological parents have died coins in commemoration of veterans name of the Senator from Georgia (Mr. or can no longer take care of them.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.062 S06PT1 S7582 CONGRESSIONAL RECORD — SENATE July 6, 2004 S. RES. 387 SUBMITTED RESOLUTIONS they confront in developing new medical At the request of Mr. FEINGOLD, the products for poor countries; name of the Senator from West Vir- Whereas the members of the Group of SENATE RESOLUTION 398—EX- Eight (Canada, France, Germany, Italy, ginia (Mr. BYRD) was added as a co- Japan, Russia, the United Kingdom, and the sponsor of S. Res. 387, a resolution PRESSING THE SENSE OF THE United States) met in Sea Island, Georgia in commemorating the 40th Anniversary SENATE ON PROMOTING INITIA- June 2004 and reaffirmed their commitment of the Wilderness Act. TIVES TO DEVELOP AN HIV VAC- to combat the global HIV/AIDS pandemic by CINE accelerating and coordinating efforts to de- S. RES. 389 Mr. LUGAR submitted the following velop an HIV vaccine; At the request of Mr. CAMPBELL, the Whereas at the meeting in Sea Island, name of the Senator from Maine (Ms. resolution; which was referred to the Georgia, the President encouraged the Group COLLINS) was added as a cosponsor of S. Committee on Foreign Relations: of Eight to endorse the establishment of a Res. 389, a resolution expressing the S. RES. 398 Global HIV Vaccine Enterprise, a virtual sense of the Senate with respect to Whereas more than 20,000,000 people have consortium to accelerate HIV vaccine devel- prostate cancer information. died of the acquired immune deficiency syn- opment by enhancing coordination, informa- drome (hereinafter referred to as ‘‘AIDS’’) tion sharing, and collaboration globally; S. RES. 392 between 1984 and 2004; Whereas the United States currently has At the request of Mr. BINGAMAN, the Whereas AIDS claimed the lives of more an HIV vaccine research and development name of the Senator from Texas (Mr. than 3,000,000 people in 2003, and nearly 8,500 center at the National Institutes of Health, and the President announced plans to estab- CORNYN) was added as a cosponsor of S. people die each day from AIDS; Whereas an estimated 40,000,000 people lish a second HIV vaccine research and devel- Res. 392, a resolution conveying the opment center in the United States; and sympathy of the Senate to the families around the world are living with the human immunodeficiency virus (hereinafter referred Whereas an HIV vaccine has the potential of the young women murdered in the to as ‘‘HIV’’) or AIDS; to prevent new HIV and AIDS cases, which State of Chihuahua, Mexico, and en- Whereas an estimated 14,000 people become would save millions of lives and dramati- couraging increased United States in- infected with HIV every day; cally reduce the negative economic con- volvement in bringing an end to these Whereas there will be 45,000,000 new infec- sequences of HIV and AIDS: Now, therefore, crimes. tions by 2010 and nearly 70,000,000 deaths by be it 2020; Resolved, Whereas an estimated 14,000,000 children SECTION 1. SENSE OF THE SENATE ON THE DE- f have lost 1 or both parents to AIDS, and this VELOPMENT OF AN HIV VACCINE. number is expected to increase to 25,000,000 It is the sense of the Senate that— STATEMENTS ON INTRODUCED by 2010; (1) the President should seek to build on BILLS AND JOINT RESOLUTIONS Whereas a child loses a parent to AIDS the initiative of the members of the Group of every 14 seconds; Eight (Canada, France, Germany, Italy, By Mr. COLEMAN (for himself, Whereas more than 90 percent of the people Japan, Russia, the United Kingdom, and the Mr. KOHL, Mr. LEAHY, Ms. COL- infected with HIV live in the developing United States) to develop a vaccine to cur- LINS, Mr. DASCHLE, Mr. JOHN- world; tail the spread of the human immuno- SON, and Mr. HARKIN): Whereas more than 70 percent of the people deficiency virus (hereinafter referred to as S. 2609. A bill to amend the Farm Se- infected with HIV live in sub-Saharan Africa; ‘‘HIV’’) and should mobilize necessary eco- curity and Rural Investment Act of Whereas communities and countries are nomic and scientific support to establish a Global HIV Vaccine Enterprise, as described 2002 to extend and improve national struggling with the devastating human and economic toll that HIV and AIDS has taken in section 2; dairy market loss payments; to the on them; (2) the President should continue to urge Committee on Agriculture, Nutrition, Whereas the HIV/AIDS pandemic threatens the members of the Group of Eight and other and Forestry. political and regional stability and has con- countries to garner support from their own Mr. KOHL. Mr. President, I am tributed to broader economic and social economic, scientific, and philanthropic com- pleased to help lead the effort to put problems, including food insecurity, labor munities for the development of an HIV vac- the Milk Income Loss Contract (MILC) shortages, and the orphaning of generations cine; (3) the President should establish a second program on equal footing with other of children; Whereas the United States is leading glob- vaccine research and development center in counter-cyclical income support pro- al efforts to combat the HIV/AIDS pandemic the United States, as he announced in June grams in the farm bill. through its $15,000,000,000 Emergency Plan 2004; The MILC program provides critical for AIDS Relief and its commitment to the (4) the members of the Group of Eight support to dairy farmers when prices Global Fund to Fight AIDS, Tuberculosis should follow-up the June 2004 meeting in are low. When dairy prices rebound, as and Malaria; Sea Island, Georgia with official and private meetings, conferences, and other events to they have in recent months, it makes Whereas, through the World Health Orga- nization, the Joint United Nations Pro- further explore and implement initiatives no payments to dairy farmers and the gramme on HIV/AIDS (UNAIDS), and the concerning the Global HIV Vaccine Enter- government spends nothing. Global Fund to Fight AIDS, Tuberculosis prise; For thousands of family-sized dairy and Malaria, the international community is (5) the members of the Group of Eight operations across the nation, the MILC cooperating multilaterally to combat HIV/ should leverage financial contributions from program has meant the difference be- AIDS; the international philanthropic community tween bankruptcy and survival. Unfor- Whereas developing an HIV vaccine is espe- to provide funding, including funding to the private sector, to promote the development tunately, the program as authorized in cially challenging due to the complicated nature of the virus; of an HIV vaccine; the last farm bill will come to an end Whereas many biotechnology companies (6) the members of the Group of Eight in September, 2005. have not invested in the development of HIV should include the scientific and political As many of my colleagues will recall, vaccines; leadership of those countries most affected the MILC program was established Whereas during 2001–2002, only 7 HIV vac- by the pandemic of HIV and the acquired im- after an extremely painful debate over cine candidates entered clinical trials, and mune deficiency syndrome (hereinafter re- dairy compacts. I remain resolutely op- only 1 of those candidates entered advanced ferred to as ‘‘AIDS’’); and (7) the members of the Group of Eight posed to dairy compacts or any scheme human testing, but it proved ineffective; Whereas the International AIDS Vaccine should develop a specific plan for furthering that further exacerbates regional dis- Initiative (IAVI) has been a very effective its efforts towards this goal by the June 2005 content in diary. Extending the MILC and positive force in the development of an meeting in the United Kingdom. program to the 2007 Farm Bill—rather HIV vaccine and has been instrumental in SEC. 2. ESTABLISHING A GLOBAL HIV VACCINE than reopening rancorous regional war- laying the groundwork for developing an HIV ENTERPRISE. fare over dairy—seems the only pru- vaccine; The Senate urges the President to con- dent course of action. Whereas the Bill and Melinda Gates Foun- tinue the efforts of the United States to gen- This proposal is a bipartisan and na- dation, the Rockefeller Foundation, and erate global support for the establishment of other public and private organizations are a Global HIV Vaccine Enterprise by carrying tional approach that will provide sta- pursuing a variety of initiatives to develop out an initiative that— bility and predictability in an other- an HIV vaccine, including establishing BIO (1) is in coordination and partnership with wise volatile industry. I encourage my Ventures for Global Health to help small bio- the members of the Group of Eight, the pri- colleagues to support this effort. technology companies address the problems vate sector, and other countries, especially

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.063 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7583 those most affected by the HIV/AIDS pan- Recently, under President Bush’s ment intended to be proposed by him demic; leadership, the Members of the Group to the bill S. 2062, to amend the proce- (2) encourages the members of the Group of of Eight Industrialized Nations (G–8), dures that apply to consideration of Eight to act swiftly to mobilize money and during their meeting at Sea Island, en- interstate class actions to assure fairer resources to make the establishment of a dorsed the establishment of a Global Global HIV Vaccine Enterprise a reality; outcomes for class members and de- (3) includes a strategic plan to prioritize HIV Vaccine Enterprise. The Enter- fendants, and for other purposes; which the scientific and other challenges to be ad- prise, an international alliance work- was ordered to lie on the table; as fol- dressed, to coordinate research and product ing to develop an HIV vaccine, would lows: development efforts, and to encourage great- be modeled after the Human Gnome At the end of the bill, add the following: er use of information-sharing networks and Project which brought together public DIVISION B—CLIMATE CHANGE technologies; and private sector researchers to map (4) encourages the establishment of a num- the human genetic code. Similarly, the SECTION 1. SHORT TITLE. ber of coordinated global HIV vaccine devel- HIV Vaccine Enterprise is intended to This division may be cited as the ‘‘Climate Stewardship Act of 2004’’. opment centers that would have the critical accelerate progress by promoting inter- mass and scientific expertise necessary to national public-private collaboration. SEC. 2. TABLE OF CONTENTS. advance the development of an HIV vaccine; The table of contents for this Act is as fol- and It would coordinate the research ef- lows: forts of scientists from around the (5) increases cooperation, communication, Sec. 1. Short title. and sharing of information on issues related globe to improve the chances of devel- Sec. 2. Table of contents. to HIV and AIDS among regulatory authori- oping an HIV vaccine. President Bush Sec. 3. Definitions. ties in various countries. also announced plans to establish a Title I—Federal Climate Change Research Mr. LUGAR. Mr. President, I rise to second HIV Vaccine Research and De- and Related Activities velopment Center, in addition to the submit a resolution expressing the Sec. 101. National Science Foundation fel- Sense of the Senate on promoting ini- one at the U.S. National Institutes of lowships. tiatives to develop an HIV vaccine. Health. The new center will become a Sec. 102. Commerce Department study of The HIV/AIDS pandemic is unlike key component of the Global HIV Vac- technology transfer barriers. any disease in history and has profound cine Enterprise. Sec. 103. Report on United States impact of implications for political stability, de- The International AIDS Vaccine Ini- Kyoto protocol. velopment, and human welfare. The tiative (IAVI) has been instrumental in Sec. 104. Research grants. sheer magnitude of the crisis is over- laying the groundwork for such an en- Sec. 105. Abrupt climate change research. whelming. An estimated 40,000,000 peo- terprise. The IAVI is an international Sec. 106. NIST greenhouse gas functions. organization that collaborates with de- Sec. 107. Development of new measurement ple around the world live with HIV or technologies. AIDS, and nearly 8,500 people die every veloping countries, governments, and Sec. 108. Enhanced environmental measure- day from AIDS. Last year alone, more international agencies dedicated to ac- ments and standards. than 3,000,000 people died from AIDS. celerating the development of a vac- Sec. 109. Technology development and diffu- Every 14 seconds, a child loses a parent cine to halt the AIDS epidemic. The sion. to AIDS. An estimated 14,000,000 chil- IAVI, however, cannot accomplish this Sec. 110. Agricultural outreach program. dren have lost one or both parents to task alone. Here in the United States, Title II—National Greenhouse Gas Database AIDS, and this number is expected in the Bill and Melinda Gates Foundation Sec. 201. National greenhouse gas database increase to 25,000,000 by 2010. According and the Rockefeller Foundation have and registry established. to recent projections from the World joined forces to help address the finan- Sec. 202. Inventory of greenhouse gas emis- Health Organization and the Joint cial problems faced by small bio- sions for covered entities. United Nations Program on HIV/AIDS technology companies. They founded Sec. 203. Greenhouse gas reduction report- (UNAIDS), if the pandemic spreads at BIO Ventures for Global Health to help ing. this current rate, there will be small biotechnology companies address Sec. 204. Measurement and verification. 45,000,000 new infections by 2010 and the problems they confront in devel- Title III—Market-driven Greenhouse Gas nearly 70 million deaths by 2020. Sub- oping new medical products for poor Reductions Saharan Africa has been hardest hit by countries. The wider application of this Subtitle A—Emission Reduction the disease, with more than 75 percent model would greatly improve the de- Requirements; Use of Tradeable Allowances of the people infected with HIV living velopment of vaccines and other medi- Sec. 301. Covered entities must submit al- in the region. cines aimed at improving health in the lowances for emissions. The U.S. is leading global efforts to Sec. 302. Compliance. developing world. Sec. 303. Borrowing against future reduc- combat the pandemic through its $15 I commend the President’s leadership tions. billion dollar Emergency Plan for on this critically important issue. The Sec. 304. Other uses of tradeable allowances. AIDS relief and its commitment to the G–8’s endorsement of a Global HIV Sec. 305. Exemption of source categories. Global Fund to Fight AIDS, Tuber- Vaccine Enterprise is a big step for- Subtitle B—Establishment and Allocation of culosis, and Malaria. But the human ward in the development of an HIV vac- Tradeable Allowances and economic toll of the HIV pandemic cine. My resolution acknowledges the Sec. 331. Establishment of tradeable allow- demands that these activities be com- President’s and the G–8’s actions to- ances. plemented by accelerated efforts to de- wards this goal and urges them to con- Sec. 332. Determination of tradeable allow- velop an HIV vaccine. An HIV vaccine tinue to cooperate with other coun- ance allocations. would prevent new HIV and AIDS tries, particularly those hit hardest by Sec. 333. Allocation or tradeable allowances. cases, which could save millions of the HIV/AIDS pandemic, to achieve Sec. 334. Ensuring target adequacy. lives and dramatically reduce the nega- this important objective. Sec. 335. Initial allocations for early partici- tive social and economic consequences pation and accelerated partici- f pation. of the disease. Yet, HIV vaccine devel- Sec. 336. Bonus for accelerated participa- opment is still not prominent on na- AMENDMENTS SUBMITTED AND PROPOSED tion. tional or international public health Subtitle C—Climate Change Credit agendas. SA 3546. Mr. MCCAIN (for himself and Mr. Corporation Developing an HIV vaccine is par- LIEBERMAN) submitted an amendment intended to be proposed by him to the bill S. Sec. 351. Establishment. ticularly challenging because HIV is Sec. 352. Purposes and functions. one of the most complicated viruses 2062, to amend the procedures that apply to consideration of interstate class actions to Subtitle D—Sequestration Accounting; ever identified. In addition, many pri- assure fairer outcomes for class members Penalties vate sector biotechnology companies and defendants, and for other purposes; Sec. 371. Sequestration accounting. have not invested money and expertise which was ordered to lie on the table. Sec. 372. Penalties. in the search for an HIV vaccine. De- f SEC. 3. DEFINITIONS. veloping an HIV vaccine, therefore, is TEXT OF AMENDMENTS In this Act: unlikely to occur without a well-co- (1) ADMINISTRATOR.—The term ‘‘Adminis- ordinated and focused global research SA 3546. Mr. MCCAIN (for himself and trator’’ means the Administrator of the En- effort. Mr. LIEBERMAN) submitted an amend- vironmental Protection Agency.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.066 S06PT1 S7584 CONGRESSIONAL RECORD — SENATE July 6, 2004

(2) BASELINE.—The term ‘‘baseline’’ means (13) PERMANENCE.—The term ‘‘perma- (c) INCREASED INCENTIVES FOR DEVELOP- the historic greenhouse gas emission levels nence’’ means the extent to which green- MENT OF CLIMATE-CHANGE OR ENERGY-EFFI- of an entity, as adjusted upward by the Ad- house gases that are sequestered will not CIENT TECHNOLOGY.—Section 14(a) of the Ste- ministrator to reflect actual reductions that later be returned to the atmosphere. venson-Wydler Technology Innovation Act of are verified in accordance with— (14) REGISTRY.—The term ‘‘registry’’ means 1980 (15 U.S.C. 3710c(a)) is amended— (A) regulations promulgated under section the registry of greenhouse gas emission re- (1) by striking ‘‘15 percent,’’ in paragraph 201(c)(1); and ductions established under section 201(b)(2). (1)(A) and inserting ‘‘15 percent (25 percent (B) relevant standards and methods devel- (15) SECRETARY.—The term ‘‘Secretary’’ for climate change-related technologies),’’; oped under this title. means the Secretary of Commerce. and (3) CARBON DIOXIDE EQUIVALENTS.—The (16) SEQUESTRATION.— (2) by inserting ‘‘($250,000 for climate term ‘‘carbon dioxide equivalents’’ means, (A) IN GENERAL.—The term ‘‘sequestra- change-related technologies)’’ after for each greenhouse gas, the amount of each tion’’ means the capture, long-term separa- ‘‘$150,000’’ each place it appears in paragraph such greenhouse gas that makes the same tion, isolation, or removal of greenhouse (3). contribution to global warming as one met- gases from the atmosphere. SEC. 103. REPORT ON UNITED STATES IMPACT OF ric ton of carbon dioxide, as determined by (B) INCLUSIONS.—The term ‘‘sequestration’’ KYOTO PROTOCOL. the Administrator. includes— Within 6 months after the date of enact- (i) agricultural and conservation practices; (4) COVERED SECTORS.—The term ‘‘covered ment of this Act, the Secretary shall execute sectors’’ means the electricity, transpor- (ii) reforestation; a contract with the National Academy of (iii) forest preservation; and Science for a report to the Senate Com- tation, industry, and commercial sectors, as (iv) any other appropriate method of cap- mittee on Commerce, Science, and Transpor- such terms are used in the Inventory. ture, long-term separation, isolation, or re- OVERED ENTITY.—The term ‘‘covered tation and the House of Representatives (5) C moval of greenhouse gases from the atmos- entity’’ means an entity (including a branch, Committee on Science on the effects that phere, as determined by the Administrator. department, agency, or instrumentality of the entry into force of the Kyoto Protocol (C) EXCLUSIONS.—The term ‘‘sequestra- without United States participation will Federal, State, or local government) that— tion’’ does not include— have on— (A) owns or controls a source of greenhouse (i) any conversion of, or negative impact (1) United States industry and its ability gas emissions in the electric power, indus- on, a native ecosystem; or to compete globally; trial, or commercial sectors of the United (ii) any introduction of non-native species. (2) international cooperation on scientific States economy (as defined in the Inven- (17) SOURCE CATEGORY.—The term ‘‘source research and development; and tory), refines or imports petroleum products category’’ means a process or activity that (3) United States participation in inter- for use in transportation, or produces or im- leads to direct emissions of greenhouse national environmental climate change miti- ports hydrofluorocarbons, perfluorocarbons, gases, as listed in the Inventory. gation efforts and technology deployment. or sulfur hexafluoride; and (18) STATIONARY SOURCE.—The term ‘‘sta- (B) emits, from any single facility owned tionary source’’ means generally any source SEC. 104. RESEARCH GRANTS. by the entity, over 10,000 metric tons of of greenhouse gases except those emissions Section 105 of the Global Change Research greenhouse gas per year, measured in units resulting directly from an engine for trans- Act of 1990 (15 U.S.C. 2935) is amended— of carbon dioxide equivalents, or produces or portation purposes. (1) by redesignating subsection (e) as sub- imports— section (d); and TITLE I—FEDERAL CLIMATE CHANGE (2) by inserting after subsection (b) the fol- (i) petroleum products that, when com- RESEARCH AND RELATED ACTIVITIES. busted, will emit, lowing: (ii) hydrofluorocarbons, perfluorocarbons, SEC. 101. NATIONAL SCIENCE FOUNDATION FEL- ‘‘(c) RESEARCH GRANTS.— LOWSHIPS. ‘‘(1) COMMITTEE TO DEVELOP LIST OF PRI- or sulfur hexafluoride that, when used, will The Director of the National Science Foun- ORITY RESEARCH AREAS.—The Committee emit, or dation shall establish a fellowship program shall develop a list of priority areas for re- (iii) other greenhouse gases that, when for students pursuing graduate studies in search and development on climate change used, will emit, global climate change, including capability that are not being addressed by Federal over 10,000 metric tons of greenhouse gas per in observation, analysis, modeling, agencies. year, measured in units of carbon dioxide paleoclimatology, consequences, and adapta- ‘‘(2) DIRECTOR OF OSTP TO TRANSMIT LIST TO equivalents. tion. NSF.—The Director of the Office of Science ATABASE (6) D .—The term ‘‘database’’ SEC. 102. COMMERCE DEPARTMENT STUDY OF and Technology Policy shall transmit the means the national greenhouse gas database TECHNOLOGY TRANSFER BARRIERS. list to the National Science Foundation. established under section 201. (a) STUDY.—The Assistant Secretary of ‘‘(3) FUNDING THROUGH NSF.— (7) DIRECT EMISSIONS.—The term ‘‘direct Technology Policy at Department of Com- ‘‘(A) BUDGET REQUEST.—The National emissions’’ means greenhouse gas emissions merce shall conduct a study of technology Science Foundation shall include, as part of by an entity from a facility that is owned or transfer barriers, best practices, and out the annual request for appropriations for the controlled by that entity. comes of technology transfer activities at Science and Technology Policy Institute, a (8) FACILITY.—The term ‘‘facility’’ means a Federal laboratories related to the licensing request for appropriations to fund research building, structure, or installation located and commercialization of energy efficient in the priority areas on the list developed on any 1 or more contiguous or adjacent technologies, and other technologies that, under paragraph (1). properties of an entity in the United States. compared to similar technology in commer- ‘‘(B) AUTHORIZATION.—For fiscal year 2005 (9) GREENHOUSE GAS.—The term ‘‘green- cial use, result in reduced emissions of and each fiscal year thereafter, there are au- house gas’’ means— greenhouse gases or increased sequestration thorized to be appropriated to the National (A) carbon dioxide; of greenhouse gases. The study shall be sub- Science Foundation not less than $25,000,000, (B) methane; mitted to the Senate Committee on Com- to be made available through the Science (C) nitrous oxide; merce, Science, and Transportation and the and Technology Policy Institute, for re- (D) hydrofluorocarbons; House of Representatives Committee on search in those priority areas.’’. (E) perfluorocarbons; and Science within 6 months after the date of en- SEC. 105. ABRUPT CLIMATE CHANGE RESEARCH. (F) sulfur hexafluoride. actment of this Act. The Assistant Secretary (a) IN GENERAL.—The Secretary, through (10) INDIRECT EMISSIONS.—The term ‘‘indi- shall work with the existing interagency the National Oceanic and Atmospheric Ad- rect emissions’’ means greenhouse gas emis- working group to address identified barriers. ministration, shall carry out a program of sions that are— (b) AGENCY REPORT TO INCLUDE INFORMA- scientific research on potential abrupt cli- (A) a result of the activities of an entity; TION ON TECHNOLOGY TRANSFER INCOME AND mate change designed— but ROYALTIES.—Paragraph (2)(B) of section 11(f) (1) to develop a global array of terrestrial (B) emitted from a facility owned or con- of the Stevenson-Wydler Technology Innova- and oceanographic indicators of trolled by another entity. tion Act of 1980 (15 U.S.C. 3710(f)) is amend- paleoclimate in order sufficiently to identify (11) INVENTORY.—The term ‘‘Inventory’’ ed— and describe past instances of abrupt climate means the Inventory of U.S. Greenhouse Gas (1) by striking ‘‘and’’ after the semicolon change; Emissions and Sinks, prepared in compliance in clause (vi); (2) to improve understanding of thresholds with the United Nations Framework Conven- (2) by redesignating clause (vii) as clause and nonlinearities in geophysical systems re- tion on Climate Change Decision 3/CP.5). (ix); and lated to the mechanisms of abrupt climate (12) LEAKAGE.—The term ‘‘leakage’’ (3) by inserting after clause (vi) the fol- change; means— lowing: (3) to incorporate these mechanisms into (A) an increase in greenhouse gas emis- ‘‘(vii) the number of fully-executed licenses advanced geophysical models of climate sions by one facility or entity caused by a re- which received royalty income in the pre- change; and duction in greenhouse gas emissions by an- ceding fiscal year for climate-change or en- (4) to test the output of these models other facility or entity; or ergy-efficient technology; against an improved global array of records (B) a decrease in sequestration that is ‘‘(viii) the total earned royalty income for of past abrupt climate changes. caused by an increase in sequestration at an- climate-change or energy-efficient tech- (b) ABRUPT CLIMATE CHANGE DEFINED.—In other location. nology; and’’. this section, the term ‘‘abrupt climate

VerDate jul 14 2003 06:44 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.091 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7585 change’’ means a change in climate that oc- ‘‘(B) to assist in establishing a baseline ref- ganizations and individual farmers on global curs so rapidly or unexpectedly that human erence point for future trading in greenhouse climate change. or natural systems may have difficulty gases and the measurement of progress in (b) PROGRAM COMPONENTS.—The program— adapting to it. emissions reduction; (1) shall be designed to ensure that agricul- (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(C) that will be exchanged internationally tural organizations and individual farmers There are authorized to be appropriated to as scientific or technical information which receive detailed information about— the Secretary for fiscal year 2005 $60,000,000 has the stated purpose of developing mutu- (A) the potential impact of climate change to carry out this section, such sum to remain ally recognized measurements, standards, on their operations and well-being; (B) market-driven economic opportunities available until expended. and procedures for reducing greenhouse that may come from storing carbon in soils gases; and SEC. 106. NIST GREENHOUSE GAS FUNCTIONS. and vegetation, including emerging private ‘‘(D) to assist in developing improved in- Section 2(c) of the National Institute of sector markets for carbon storage; and Standards and Technology Act (15 U.S.C. dustrial processes designed to reduce or (C) techniques for measuring, monitoring, 272(c)) is amended— eliminate greenhouse gases. verifying, and inventorying such carbon cap- (1) by striking ‘‘and’’ after the semicolon ‘‘(c) NATIONAL MEASUREMENT LABORA- ture efforts; in paragraph (21); TORIES.— (2) may incorporate existing efforts in any (2) by redesignating paragraph (22) as para- ‘‘(1) IN GENERAL.—In carrying out this sec- area of activity referenced in paragraph (1) graph (23); and tion, the Director shall utilize the collective or in related areas of activity; (3) by inserting after paragraph (21) the fol- skills of the National Measurement Labora- (3) shall provide— lowing: tories of the National Institute of Standards (A) outreach materials to interested par- ‘‘(22) perform research to develop enhanced and Technology to improve the accuracy of ties; measurements, calibrations, standards, and measurements that will permit better under- (B) workshops; and technologies which will facilitate activities standing and control of these industrial (C) technical assistance; and that reduce emissions of greenhouse gases or chemical processes and result in the reduc- (4) may include the creation and develop- increase sequestration of greenhouse gases, tion or elimination of greenhouse gases. ment of regional centers on climate change including carbon dioxide, methane, nitrous (2) MATERIAL, PROCESS, AND BUILDING RE- or coordination with existing centers (in- oxide, ozone, perfluorocarbons, SEARCH.—The National Measurement Lab- cluding such centers within NRCS and the hydrofluorocarbons, and sulfur hexafluoride; oratories shall conduct research under this Cooperative State Research Education and and’’. subsection that includes— Extension Service). SEC. 107. DEVELOPMENT OF NEW MEASUREMENT ‘‘(A) developing material and manufac- TITLE II—NATIONAL GREENHOUSE GAS TECHNOLOGIES. turing processes which are designed for en- DATABASE To facilitate implementation of section ergy efficiency and reduced greenhouse gas SEC. 201. NATIONAL GREENHOUSE GAS DATA- 204, the Secretary shall initiate a program to emissions into the environment; BASE AND REGISTRY ESTABLISHED. develop, with technical assistance from ap- ‘‘(B) developing chemical processes to be (a) ESTABLISHMENT.—As soon as prac- propriate Federal agencies, innovative used by industry that, compared to similar ticable after the (late of enactment of this standards and measurement technologies to processes in commercial use, result in re- Act, the Administrator, in coordination with calculate greenhouse gas emissions or reduc- duced emissions of greenhouse gases or in- the Secretary, the Secretary of Energy, the tions for which no accurate or reliable meas- creased sequestration of greenhouse gases; Secretary of Agriculture, and private sector urement technology exists. The program and and nongovernmental organizations, shall shall include— ‘‘(C) enhancing building performance with establish, operate, and maintain a database, (1) technologies (including remote sensing a focus in developing standards or tools to be known as the ‘‘National Greenhouse technologies) to measure carbon and other which will help incorporate low- or no-emis- Gas Database’’, to collect, verify, and ana- greenhouse gas emissions and reductions sion technologies into building designs. lyze information on greenhouse gas emis- from agriculture, forestry, and other land ‘‘(3) STANDARDS AND TOOLS.—The National sions by entities. (b) NATIONAL GREENHOUSE GAS DATABASE use practices; and Measurement Laboratories shall develop COMPONENTS.—The database shall consist (2) technologies to calculate non-carbon di- standards and tools under this subsection that include software to assist designers in of— oxide greenhouse gas emissions from trans- (1) an inventory of greenhouse gas emis- portation. selecting alternate building materials, performance data on materials, artificial intel- sions; and SEC. 108. ENHANCED ENVIRONMENTAL MEAS- (2) a registry of greenhouse gas emission ligence-aided design procedures for building UREMENTS AND STANDARDS. reductions and increases in greenhouse gas subsystems and ‘smart buildings’, and im- The National Institute of Standards and sequestrations. proved test methods and rating procedures Technology Act (15 U.S.C. 271 et seq.) is (c) COMPREHENSIVE SYSTEM.— amended— for evaluating the energy performance of (1) IN GENERAL.—Not later than 2 years (1) by redesignating sections 17 through 32 residential and commercial appliances and after the date of enactment of this Act, the as sections 18 through 33, respectively; and products. Administrator shall promulgate regulations (2) by inserting after section 16 the fol- ‘‘(d) NATIONAL VOLUNTARY LABORATORY AC- to implement a comprehensive system for lowing: CREDITATION PROGRAM.—The Director shall greenhouse gas emissions reporting, utilize the National Voluntary Laboratory SEC. 17. CLIMATE CHANGE STANDARDS AND inventorying, and reductions registration. PROCESSES. Accreditation Program under this section to (2) REQUIREMENTS.—The Administrator establish a program to include specific cali- ‘‘(a) IN GENERAL.—The Director shall es- shall ensure, to the maximum extent prac- tablish within the Institute a program to bration or test standards and related meth- ticable, that— perform and support research on global cli- ods and protocols assembled to satisfy the (A) the comprehensive system described in mate change standards and processes, with unique needs for accreditation in measuring paragraph (1) is designed to— the goal of providing scientific and technical the production of greenhouse gases. In car- (i) maximize completeness, transparency, knowledge applicable to the reduction of rying out this subsection the Director may and accuracy of information reported; and (ii) minimize costs incurred by entities in greenhouse gases (as defined in section 3(8) of cooperate with other departments and agen- measuring and reporting greenhouse gas the Climate Stewardship Act of 2004) and of cies of the Federal Government, State and emissions; and facilitating implementation of section 204 of local governments, and private organiza- (B) the regulations promulgated under that Act. tions.’’. paragraph (1) establish procedures and proto- ‘‘(b) RESEARCH PROGRAM.— SEC. 109. TECHNOLOGY DEVELOPMENT AND DIF- FUSION. cols necessary— ‘‘(1) IN GENERAL.—The Director is author- The Director of the National Institute of (i) to prevent the double-counting of green- ized to conduct, directly or through con- house gas emissions or emission reductions tracts or grants, a global climate change Standards and Technology, through the Manufacturing Extension Partnership Pro- reported by more than 1 reporting entity; standards and processes research program. (ii) to provide for corrections to errors in gram, may develop a program to promote the ‘‘(2) RESEARCH PROJECTS.—The specific con- data submitted to the database; use, by the more than 380,000 small manufac- tents and priorities of the research program (iii) to provide for adjustment to data by turers, of technologies and techniques that shall be determined in consultation with ap- reporting entities that have had a significant result in reduced emissions of greenhouse propriate Federal agencies, including the En- organizational change (including mergers, gases or increased sequestration of green- vironmental Protection Agency, the Na- acquisitions, and divestiture), in order to house gases. tional Oceanic and Atmospheric Administra- maintain comparability among data in the tion, and the National Aeronautics and SEC. 110. AGRICULTURAL OUTREACH PROGRAM. database over time; Space Administration. The program gen- (a) IN GENERAL.—The Secretary of Agri- (iv) to provide for adjustments to reflect, erally shall include basic and applied re- culture, acting through the Global Change new technologies or methods for measuring search— Program Office and in consultation with the or calculating greenhouse gas emissions; ‘‘(A) to develop and provide the enhanced heads of other appropriate departments and (v) to account for changes in registration measurements, calibrations, data, models, agencies, shall establish the Climate Change of ownership of emission reductions result- and reference material standards which will Education and Outreach Initiative Program ing from a voluntary private transaction be- enable the monitoring of greenhouse gases; to educate, and reach out to, agricultural or- tween reporting entities; and

VerDate jul 14 2003 06:44 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.093 S06PT1 S7586 CONGRESSIONAL RECORD — SENATE July 6, 2004 (vi) to clarify the responsibility for report- is required to comply with the requirements (I) relative to historic emission levels of ing in the case of any facility owned or con- by reason of an activity other than the the entity; and trolled by more than 1 entity. agreement. (II) after accounting for any increases in (3) SERIAL NUMBERS.—Through regulations (e) REPORTS.— indirect emissions described in paragraph promulgated under paragraph (1), the Admin- (1) REQUIRED REPORT.—Not later than July (1)(C)(i); or istrator shall develop and implement a sys- 1st of the each calendar year beginning more (ii) actual increases in net sequestration. tem that provides— than 2 years after the date of enactment of (4) FAILURE TO SUBMIT REPORT.—An entity (A) for the verification of submitted emis- this Act, but subject to paragraph (3), an en- that participates or has participated in the sions reductions registered under section 204; tity described in subsection (a) shall submit registry and that fails to submit a report re- (B) for the provision of unique serial num- to the Administrator a report that states, for quired under this subsection shall be prohib- bers to identify the registered emission re- the preceding calendar year, the entity-wide ited from using, or allowing another entity ductions made by an entity relative to the greenhouse gas emissions (as reported at the to use, its registered emissions reductions or baseline of the entity; facility level), including— increases in sequestration to satisfy the re- (C) for the tracking of the registered reduc- (A) the total quantity of direct greenhouse quirements of section 301. tions associated with the serial numbers and gas emissions from stationary sources, ex- (5) INDEPENDENT THIRD-PARTY VERIFICA- (D) for such action as may be necessary to pressed in units of carbon dioxide equiva- TION.—To meet the requirements of this sec- prevent counterfeiting of the registered re- lents; tion and section 203, an entity that is reductions. (B) the amount of petroleum products sold quired to submit a report under this section SEC. 202. INVENTORY OF GREENHOUSE GAS or imported by the entity and the amount of may— EMISSIONS FOR COVERED ENTITIES. greenhouse gases, expressed in units of car- (A) obtain independent third-party (a) IN GENERAL.—Not later than July 1st of bon dioxide equivalents, that would be emit- verification; and each calendar year after 2008, each covered ted when these products are used for trans- (B) present the results of the third-party entity shall submit to the Administrator a portation in the United States, as deter- verification to the Administrator. report that states, for the preceding calendar mined by the Administrator under section (6) AVAILABILITY OF DATA.— year, the entity-wide greenhouse gas emis- 301(b); (A) IN GENERAL.—The Administrator shall sions (as reported at the facility level), in- (C) the amount of hydrofluorocarbons, ensure that information in the database is— (i) published; and cluding— perfluorocarbons, or sulfur hexafluoride, ex- (ii) accessible to the public, including in (1) the total quantity of direct greenhouse pressed in units of carbon dioxide equiva- electronic format on the Internet. gas emissions from stationary sources, ex- lents, that are sold or imported by the entity (B) EXCEPTION.—Subparagraph (A) shall pressed in units of carbon dioxide equiva- and will ultimately be emitted in the United not apply in any case in which the Adminis- lents, except those reported under paragraph States, as determined by the Administrator trator determines that publishing or other- (3); under section 301(d); and wise making available information described (2) the amount of petroleum products sold (D) such other categories of emissions as in that subparagraph poses a risk to national or imported by the entity and the amount of the Administrator determines in the regula- security or discloses confidential business greenhouse gases, expressed in units of car- tions promulgated under section 201(c)(1) information that can not be derived from in- bon dioxide equivalents, that would be emit- may be practicable and useful for the pur- formation that is otherwise publicly avail- ted when these products are used for trans- poses of this Act, such as— (i) indirect emissions from imported elec- able and that would cause competitive harm portation in the United States, as deter- tricity, heat, and steam; if published. mined by the Administrator under section (ii) process and fugitive emissions; and (7) DATA INFRASTRUCTURE.—The Adminis- 301(b), (iii) production or importation of green- trator shall ensure, to the maximum extent (3) the amount of hydrofluorocarbons, house gases. practicable, that the database rises, and is perfluorocarbons, or sulfur hexafluoride, ex- (2) VOLUNTARY REPORTING.—An entity de- integrated with, Federal, State, and regional pressed in units of carbon dioxide equiva- scribed in subsection (a) may (along with es- greenhouse gas data collection and reporting lents, that are sold or imported by the entity tablishing a baseline and reporting emissions systems in effect as of the date of enactment and will ultimately be emitted in the United under this section)— of this Act. States, as determined by the Administrator (A) submit a report described in paragraph (8) ADDITIONAL ISSUES TO BE CONSIDERED.— under section 301(d); and (1) before the date specified in that para- In promulgating the regulations under sec- (4) such other categories of emissions as graph for the purposes of achieving and tion 201(c)(1) and implementing the database, the Administrator determines in the regula- commoditizing greenhouse gas reductions the Administrator shall take into consider- tions promulgated under section 201(c)(1) through use of the registry and for other pur- ation a broad range of issues involved in es- may be practicable and useful for the purposes; and tablishing an effective database, including— poses of this Act, such as— (B) submit to the Administrator, for inclu- (A) the data and information systems and (A) indirect emissions from imported elec- sion in the registry, information that has measures necessary to identify, track, and tricity, heat, and steam; been verified in accordance with regulations verify greenhouse gas emissions in a manner (B) process and fugitive emissions; and promulgated under section 201(c)(1) and that that will encourage private sector trading (C) production or importation of green- relates to— and exchanges; house gases. (i) any activity that resulted in the net re- (B) the greenhouse gas reduction and se- (b) COLLECTION AND ANALYSIS OF DATA.— duction of the greenhouse gas emissions of questration measurement and estimation The Administrator shall collect and analyze the entity or a net increase in sequestration methods and standards applied in other information reported under subsection (a) for by the entity that were carried out during or countries, as applicable or relevant; use under title III. after 1990 and before the establishment of the (C) the extent to which available fossil SEC. 203. GREENHOUSE GAS REDUCTION RE- database, verified in accordance with regula- fuels, greenhouse gas emissions, and green- PORTING. tions promulgated under section 201(c)(1), house gas production acid importation data (a) IN GENERAL.—Subject to the require- and submitted to the Administrator before are adequate to implement the database; and ments described in subsection (b)— the date that is 4 years after the date of en- (D) the differences in, and potential (1) a covered entity may register green- actment of this Act; and uniqueness of, the facilities, operations, and house gas emission reductions achieved after (ii) with respect to the calendar year pre- business and other relevant practices of per- 1990 and before 2010 under this section; and ceding the calendar year in which the infor- sons and entities in the private and public (2) an entity that is not a covered entity mation is submitted, any project or activity sectors that may be expected to participate may register greenhouse gas emission reduc- that resulted in the net reduction of the in the database. tions achieved at any time since 1990 under greenhouse gas emissions of the entity or a (d) ANNUAL REPORT.—The Administrator this section. net increase in net sequestration by the enti- shall publish an annual report that— (b) REQUIREMENTS.— ty. (1) describes the total greenhouse gas emis- (1) IN GENERAL.—The requirements re- (3) PROVISION OF VERIFICATION INFORMATION sions and emission reductions reported to ferred to in subsection (a) are that an entity BY REPORTING ENTITIES.—Each entity that the database during the year covered by the (other than an entity described in paragraph submits a report under this subsection shall report; (2)) shall— provide information sufficient for the Ad- (2) provides entity-by-entity and sector-by- (A) establish a baseline; and ministrator to verify, in accordance with sector analyses of the emissions and emis- (B) submit the report described in sub- measurement and verification methods and sion reductions reported; section (c)(1). standards developed under section 204, that (3) describes the atmospheric concentra- (2) REQUIREMENTS APPLICABLE TO ENTITIES the greenhouse gas report of the reporting tions of greenhouse gases; ENTERING INTO CERTAIN AGREEMENTS.—An en- entity— (4) provides a comparison of current and tity that enters into an agreement with a (A) has been accurately reported; and past atmospheric concentrations of green- participant in the registry for the purpose of (B) in the case of each voluntary report house gases; and a carbon sequestration project shall not be under paragraph (2), represents— (5) describes the activity during the year required to comply with the requirements (i) actual reductions in direct greenhouse covered by the period in the trading of green- specified in paragraph (1) unless that entity gas emissions— house gas emission allowances.

VerDate jul 14 2003 06:44 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.096 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7587 SEC. 204. MEASUREMENT AND VERIFICATION. (1) make available to the public for com- SEC. 302. COMPLIANCE. (a) STANDARDS.— ment, in draft form and for a period of at (a) IN GENERAL.— (1) IN GENERAL.—Not later than 1 year after least 90 days, the methods and standards de- (1) SOURCE OF TRADEABLE ALLOWANCES the date of enactment of this Act, the Sec- veloped under subsection (a); and USED.—A covered entity may use a tradeable retary shall establish by rule, in coordina- (2) after the 90-day period referred to in allowance to meet the requirements of this tion with the Administrator, the Secretary paragraph (1), in coordination with the Sec- section without regard to whether the of Energy, and the Secretary of Agriculture, retary of Energy, the Secretary of Agri- tradeable allowance was allocated to it comprehensive measurement and culture, and the Administrator, adopt the under subtitle B or acquired from another verification methods and standards to ensure methods and standards developed under sub- entity or the Climate Change Credit Cor- a consistent and technically accurate record section (a) for use in implementing the data- poration established under section 351. of greenhouse gas emissions, emission reduc- base. (2) VERIFICATION BY ADMINISTRATOR.—At tions, sequestration, and atmospheric con- (d) EXPERTS AND CONSULTANTS.— various times during each year, the Adminis- centrations for use in the registry. (1) IN GENERAL.—The Secretary may obtain trator shall determine whether each covered (2) REQUIREMENTS.—The methods and the services of experts and consultants in the entity has met the requirements of this sec- standards established under paragraph (1) private and nonprofit sectors in accordance tion. In making that determination, the Ad- shall include— with section 3109 of title 5, United States ministrator shall— (A) a requirement that a covered entity Code, in the areas of greenhouse gas meas- (A) take into account the tradeable allow- use a continuous emissions monitoring sys- urement, certification, and emission trading. ances submitted by the covered entity to the tem, or another system of measuring or esti- (2) AVAILABLE ARRANGEMENTS.—In obtain- Administrator; and mating emissions that is determined by the ing any service described in paragraph (1), (B) retire the serial number assigned to Secretary to provide information with preci- the Secretary may use any available grant, each such tradeable allowance. sion, reliability, accessibility, and timeliness contract, cooperative agreement, or other (b) ALTERNATIVE MEANS OF COMPLIANCE.— similar to that provided by a continuous arrangement authorized by law. For the years 2010 and after, a covered entity emissions monitoring system where techno- TITLE III—MARKET-DRIVEN may satisfy up to 15 percent of its total al- logically feasible; GREENHOUSE GAS REDUCTIONS lowance submission requirement under this (B) establishment of standardized measure- section by— ment and verification practices for reports Subtitle A—Emission Reduction (1) submitting tradeable allowances from made by all entities participating in the, Requirements; Use of Tradeable Allowances another nation’s market in greenhouse gas registry, taking into account— SEC. 301. COVERED ENTITIES MUST SUBMIT AL- (i) protocols and standards in use by enti- LOWANCES FOR EMISSIONS. emissions if— ties requiring or desiring to participate in (a) IN GENERAL.—Beginning with calendar (A) the Secretary determines that the the registry as of the date of development of year 2010— other nation’s system for trading in green- the methods and standards under paragraph (1) each covered entity in the electric gen- house gas emissions is complete, accurate, (1); eration, industrial, and commercial sectors and transparent and reviews that determina- (ii) boundary issues, such as leakage; shall submit to the Administrator one tion at least once every 5 years; (iii) avoidance of double counting of green- tradeable allowance for every metric ton of (B) the other nation has adopted enforce- house gas emissions and emission reductions; greenhouse gases, measured in units of car- able limits on its greenhouse gas emissions (iv) protocols to prevent a covered entity bon dioxide equivalents, that it emits from which the tradeable allowances were issued from avoiding the requirements of this Act stationary sources, except those described in to implement; and by reorganization into multiple entities that paragraph (2); (C) the covered entity certifies that the are under common control; and (2) each producer or importer of tradeable allowance has been retired unused (v) such other factors as the Secretary, in hydrofluorocarbons, perfluorocarbons, or sul- in the other nation’s market; consultation with the Administrator, deter- fur hexafluoride that is a covered entity (2) submitting a registered net increase in mines to be appropriate; shall submit to the Administrator one sequestration, as registered in the database, (C) establishment of methods of— tradeable allowance for every metric ton of adjusted, if necessary, to comply with the (i) estimating greenhouse gas emissions, hydrofluorocarbons, perfluorocarbons, or sul- accounting standards and methods estab- for those cases in which the Secretary deter- fur hexafluoride, measured in units of carbon lished under section 372; mines that methods of monitoring, meas- dioxide equivalents; that it produces or im- (3) submitting a greenhouse gas emissions uring or estimating such emissions with pre- ports and that will ultimately be emitted in reduction (other than a registered net in- cision, reliability, accessibility, and timeli- the United States, as determined by the Ad- crease in sequestration) that was registered ness similar to that provided by a contin- ministrator under subsection (d) and in the database by a person that is not a cov- uous emissions monitoring system are not (3) each petroleum refiner or importer that ered entity; or technologically feasible at present; and is a covered entity shall submit one (4) submitting credits obtained from the (ii) reporting the accuracy of such esti- tradeable allowance for every unit of petro- Administrator under section 303. mations; leum product it sells that will produce one (c) DEDICATED PROGRAM FOR SEQUESTRA- (D) establishment of measurement and metric ton of greenhouse gases, measured in TION IN AGRICULTURAL SOILS.—If a covered verification standards applicable to actions units of carbon dioxide equivalents, as deter- entity chooses to satisfy 15 percent of its taken to reduce, avoid, or sequester green- mined by the Administrator under sub- total allowance submission requirements house gas emissions; section (b), when used for transportation. under the provisions of subsection (b), it (E) in coordination with the Secretary of shall satisfy up to 1.5 percent of its total al- Agriculture, standards to measure the re- (b) DETERMINATION OF TRANSPORTATION SECTOR AMOUNT.—For the transportation lowance submission requirement by submit- sults of the use of carbon sequestration and ting registered net increases in sequestration carbon recapture technologies, including— sector, the Administrator shall determine the amount of greenhouse gases, measured in in agricultural soils, as registered in the (i) soil carbon sequestration practices; and database, adjusted, if necessary, to comply (ii) forest preservation and reforestation units of carbon dioxide equivalents, that will with the accounting standards and methods activities that adequately address the issues be emitted when petroleum products are established under section 371. of permanence, leakage, and verification; used for transportation. (E) establishment of such other measure- (c) EXCEPTION FOR CERTAIN DEPOSITED SEC. 303. BORROWING AGAINST FUTURE REDUC- ment and verification standards as the Sec- EMISSIONS.—Notwithstanding subsection (a), TIONS. retary, in consultation with the Secretary of a covered entity is not required to submit a (a) IN GENERAL.—The Administrator shall Agriculture, the Administrator, and the Sec- tradeable allowance for any amount of establish a prograrn under which a covered retary of Energy, determines to be appro- greenhouse gas that would otherwise have entity may— priate; been emitted from a facility under the own- (1) receive a credit in the current calendar (F) establishment of standards for obtain- ership or control of that entity if— year for anticipated reductions in emissions ing the Secretary’s approval of the suit- (1) the emission is deposited in a geological in a future calendar year; and ability of geological storage sites that in- storage facility approved by the Adminis- (2) use the credit in lieu of a tradeable al- clude evaluation of both the geology of the trator under section 204(a)(2)(F); and lowance to meet the requirements of this site and the entity’s capacity to manage the (2) the entity agrees to submit tradeable Act for the current calendar year, subject to site; and allowances for any portion of the deposited the limitation imposed by section 302(b). (G) establishment of other features that, as emission that is subsequently emitted from (b) DETERMINATION OF TRADEABLE ALLOW- determined by the Secretary, will allow enti- that facility. ANCE CREDITS.—The Administrator may ties to adequately establish a fair and reli- (d) DETERMINATION OF HYDROFLUROCARBON, make credits available under subsection (a) able measurement and reporting system. PERFLUOROCARBON, AND SULFUR HEXAFLUOR- only for anticipated reductions in emissions (b) REVIEW AND REVISION.—The Secretary IDE AMOUNT.—The Administrator shall deter- that— shall periodically review, and revise as nec- mine the amounts of hydrofluorocarbons, (1) are attributable to the realization of essary, the methods and standards developed perfluorocarbons, or sulfur hexafluoride, capital investments in equipment, the con- under subsection (a). measured in units of carbon dioxide equiva- struction, reconstruction, or acquisition of (c) PUBLIC PARTICIPATION.—The Secretary lents, that will be deemed to be emitted for facilities, or the deployment of new tech- shall— purposes of this Act. nologies—

VerDate jul 14 2003 06:44 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.099 S06PT1 S7588 CONGRESSIONAL RECORD — SENATE July 6, 2004 (A) for which the covered entity has exe- reduce the total tradeable allowances under turing and avoid the additional loss of cuted a binding contract and secured, or ap- section 331(a)(1) by the amount of greenhouse United States manufacturing jobs. plied for, all necessary permits and oper- gas emissions that the exempted source cat- (c) ALLOCATION RECOMMENDATIONS AND IM- ating or implementation authority; egory emitted in calendar year 2000, as iden- PLEMENTATION.—Before allocating or pro- (B) that will not become operational with- tified in the 2000 Inventory. viding tradeable allowances under subsection in the current calendar year; and (c) LIMITATION ON EXEMPTION.—The Admin- (a) and within 24 months after the date of en- (C) that will become operational and begin istrator may not grant, an exemption under actment of this Act, the Secretary shall sub- to reduce, emissions from the covered entity subsection (a) to carbon dioxide produced mit the determinations under subsection (a) within 5 years after the year in which the from fossil fuel. to the Senate Committee on Commerce, credit is used; and Subtitle B—Establishment and Allocation of Science, and Transportation, the Senate (2) will be realized within 5 years after the Tradeable Allowances Committee on Environment and Public year in which the credit is used. SEC. 331. ESTABLISHMENT OF TRADEABLE AL- Works, the House of Representatives Com- (c) CARRYING COST.—If a covered entity LOWANCES. mittee on Science, and the House of Rep- uses a credit under this section to meet the (a) IN GENERAL.—The Administrator shall resentatives Committee on Energy and Com- requirements of this Act for a calendar year promulgate regulations to establish merce. The Secretary’s determinations (referred to as the use year), the tradeable tradeable allowances, denominated in units under paragraph (1), including the alloca- allowance requirement for the year from of carbon dioxide equivalents, for calendar tions and provision of tradeable allowances which the credit was taken (referred to as years beginning after 2009, equal to— pursuant to that determination, are deemed the source year) shall be increased by an (1) 5896 million metric tons, measured in to be a major rule (as defined in section amount equal to— units of carbon dioxide equivalents, reduced 804(2) of title 5, United States Code), and sub- (1) 10 percent for each credit borrowed from by ject to the provisions of chapter 8 of that the source year, multiplied by (2) the amount of emissions of greenhouse title. (2) the number of years beginning after the gases in calendar year 2000 from non-covered SEC. 333. ALLOCATION OF TRADEABLE ALLOW- use year and before the source year. entities. ANCES. (d) MAXIMUM BORROWING PERIOD.—A credit (b) SERIAL NUMBERS.—The Administrator (a) IN GENERAL.—Beginning with calendar from a year beginning more than 5 years shall assign a unique serial number to each year 2010 and after taking into account any after the current year may not be used to tradeable allowance established under sub- initial allocations under section 334, the Ad- meet the requirements of this Act for the section (a), and shall take such action as ministrator shall— current year. may be necessary to prevent counterfeiting (1) allocate to each covered sector that sec- (e) FAILURE TO ACHIEVE REDUCTIONS GEN- of tradeable allowances. tor’s allotments determined by the Adminis- ERATING CREDIT.—If a covered entity that (c) NATURE OF TRADEABLE ALLOWANCES.—A trator under section 332 (adjusted for any uses a credit under this section fails to tradeable allowance is not a property right, such initial allocations and the allocation to achieve the anticipated reduction for which and nothing in this title or any other provi- the Climate Change Credit Corporation es- the credit was granted for the year from sion of law limits the authority of the tablished under section 351); and which the credit was taken, then— United States to terminate or limit a (1) the covered entity’s requirements under tradeable allowance. (2) allocate to the Climate Change Credit Corporation established under section 351 the this Act for that year shall be increased by (d) NON-COVERED ENTITY.—In this section: the amount of the credit, plus the amount (1) IN GENERAL.—The term ‘non-covered en- tradeable allowances allocable to that Cor- determined under subsection (c); tity’ means an entity that— poration. (2) any tradeable allowances submitted by (A) owns or controls a source of greenhouse (b) INTRASECTORIAL ALLOTMENTS.—The Ad- the covered entity for that year shall be gas emissions in the electric power, indus- ministrator shall, by regulation, establish a counted first against the increase in those trial, or commercial sectors of the United process for the allocation of tradeable allow- requirements; and States economy (as defined in the Inven- ances under this section, without cost to (3) the covered entity may not use credits tory), refines or imports petroleum products covered entities, that will— under this section to meet the increased re- for use in transportation, or produces or im- (1) encourage investments that increase quirements. ports hydrofluorocarbons, perfluorocarbons, the efficiency of the processes that produce SEC. 304. OTHER USES OF TRADEABLE ALLOW- or sulfur hexafluoride; and greenhouse gas emissions; ANCES. (B) is not a covered entity. (2) minimize the costs to the government (a) IN GENERAL.—Tradeable allowances (2) EXCEPTION.—Notwithstanding para- of allocating the tradeable allowances; may be sold, exchanged, purchased, retired, graph (1), an entity that is a covered entity (3) not penalize a covered entity for emis- or used as provided in this section. for any calendar year beginning after 2009 sions reductions made before 2010 and reg- (b) INTERSECTOR TRADING.—Covered enti- shall not be considered to be a non-covered istered with the database; and ties may purchase or otherwise acquire entity for purposes of subsection (a) only be- (4) provide sufficient allocation for new en- tradeable allowances from other covered sec- cause it emitted, or its products would have trants into the sector. tors to satisfy the requirements of section emitted, 10,000 metric tons or less of green- (c) POINT SOURCE ALLOCATION.—The Ad- 301. house gas, measured in units of carbon diox- ministrator shall allocate the tradeable al- (c) CLIMATE CHANGE CREDIT ORGANIZA- ide equivalents, in the year 2000. lowances for the electricity generation, in- TION.—The Climate Change Credit Corpora- SEC. 332. DETERMINATION OF TRADEABLE AL- dustrial, and commercial sectors to the enti- tion established under section 351 may sell LOWANCE ALLOCATIONS. ties owning or controlling the point sources tradeable allowances allocated to it under (a) In GENERAL.—The Secretary shall de- of greenhouse gas emissions within that sec- section 332(a)(2) to any covered entity or to termine— tor. (1) the amount of tradeable allowances to any investor, broker, or dealer in such (d) HYDROFLUOROCARBONS, PERFLUORO- be allocated to each covered sector of that tradeable allowances. The Climate Change CARBONS, AND SULFUR HEXAFLUORIDE.—The Credit Corporation shall use all proceeds sector’s allotments; and Administrator shall allocate the tradeable (2) the amount of tradeable allowances to from such sales in accordance with the provi- allowances for producers or importers of be allocated to the Climate Change Credit sions of section 352. hydrofluorocarbons, perfluorocarbons, or sul- Corporation established under section 351. (d) BANKING OF TRADEABLE ALLOWANCES.— fur hexafluoride to such producers or import- (b) ALLOCATION FACTORS.—In making the Notwithstanding the requirements of section ers, determination required by subsection (a), the 301, a covered entity that has more than a (e) SPECIAL RULE FOR ALLOCATION WITHIN sufficient amount of tradeable allowances to Secretary shall consider— (1) the distributive effect of the allocations THE TRANSPORTATION SECTOR.—The Adminis- satisfy the requirements of section 301, may on household income and net worth of indi- trator shall allocate the tradeable allow- refrain from submitting a tradeable allow- viduals; ances for the transportation sector to petro- ance to satisfy the requirements in order to (2) the impact of the allocations on cor- leum refiners or importers that produce or sell, exchange, or use the tradeable allow- porate income, taxes, and asset value; import petroleum products that will be used ance in the future. (3) the impact of the allocations on income as fuel for transportation. SEC. 305. EXEMPTION OF SOURCE CATEGORIES. levels of consumers and on their energy con- (f) ALLOCATIONS TO RURAL ELECTRIC CO- (a) IN GENERAL.—The Administrator may sumption; OPERATIVES.—For each electric generating grant an exemption from the requirements of (4) the effects of the allocations in terms of unit that is owned or operated by a rural this Act to a source category if the Adminis- economic efficiency; electric cooperative, the Administrator shall trator determines, after public notice and (5) the ability of covered entities to pass allocate each year, at no cost, allowances in comment, that it is not feasible to measure through compliance costs to their cus- an amount equal to the greenhouse gas emis- or estimate emissions from that source cat- tomers; sions of cash such unit in 2000, plus an egory, until such time as measurement or es- (6) the degree to which the amount of allo- amount equal to the average emissions timation becomes feasible. cations to the covered sectors should de- growth expected for all such units. The allo- (b) REDUCTION OF LIMITATIONS.—If the Ad- crease over time; and cations shall be offset from the allowances ministrator exempts a source category under (7) the need to maintain the international allocated to the Climate Change Credit Cor- subsection (a), the Administrator shall also competitiveness of United States manufac- poration.

VerDate jul 14 2003 06:44 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.102 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7589 SEC. 334. ENSURING TARGET ADEQUACY. crease in sequestration) that was registered (B) grants to State and local governments (a) IN GENERAL.—Beginning 2 years after in the National Greenhouse Gas Database by to assist communities in attracting new em- the date of enactment of this Act, the Under a person that is not a covered entity. ployers or providing essential local govern- Secretary of Commerce for Oceans and At- (b) TERMINATION.—An entity that executes ment services. mosphere shall review the allowances estab- an agreement described in subsection (a) (3) PHASE-OUT OF TRANSITION ASSISTANCE.— lished by section 331 no less frequently than may terminate the agreement at any time. The percentage allocated by the Corporation biennially— (c) FAILURE TO MEET COMMITMENT.—If an under paragraph (2)— (1) to re-evaluate the levels established by entity that executes an agreement described (A) shall be 20 percent for 2010; that subsection, after taking into account in subsection (a) fails to achieve the level of (B) shall be reduced by 2 percentage points the best available science and the most cur- emissions to which it committed by calendar each year thereafter; and rently available data, and year 2010— (C) may not be reduced below zero. (2) to re-evaluate the environmental and (1) its requirements under section 301 shall (4) TECHNOLOGY DEPLOYMENT PROGRAMS.— public health impacts of specific concentra- be increased by the amount of any tradeable The Corporation shall establish and carry tion levels of greenhouse gases, allowances provided to it under subsection out a program, through direct grants, revolv- (a)(1); and ing loan programs, or other financial meas- to determine whether the allowances estab- (2) any tradeable allowances submitted lished by subsection (a) continue to be con- ures, to provide support for the deployment thereafter shall be counted first against the of technology to assist in compliance with sistent with the objective of the United Na- increase in those requirements. tions’ Framework Convention on Climate this Act by distributing the proceeds from no Subtitle C—Climate Change Credit less than 10 percent of the total allowances Change of stabilizing levels of greenhouse Corporation gas emissions at a level that will prevent allocated to it. The support shall include the dangerous anthropogenic interference with SEC. 351. ESTABLISHMENT. following: (a) IN GENERAL.—The Climate Change the climate system. (A) COAL GASIFICATION COMBINED-CYCLE AND Credit Corporation is established as a non- GEOLOGICAL CARBON STORAGE PROGRAM (b) REVIEW OF 2010 LEVELS.—The Under .—The profit corporation without stock. The Cor- Secretary shall specifically review in 2008 Corporation shall establish and carry out a poration shall not be considered to be an the level established under section 331(a)(1), program, through direct grants, to provide agency or establishment of the United States and transmit, a report on his reviews, to- incentives for the repowering of existing fa- Government. gether with any recommendations, including cilities or construction of new facilities pro- (b) APPLICABLE LAWS.—The Corporation ducing electricity or other products from legislative recommendations, for modifica- shall be subject to the provisions of this title tion of the levels, to the Senate Committee coal gasification combined-cycle plants that and, to the extent consistent with this title, capture and geologically store at least 90 on Commerce, Science, and Transportation, to the District of Columbia Business Cor- the Senate Committee on Environment and percent of the carbon dioxide produced at the poration Act. facility in accordance with requirements es- Public Works, the House of Representatives (c) BOARD OF DIRECTORS.—The Corporation Committee on Science, and the House of tablished by the Administrator to ensure the shall have a board of directors of 5 individ- permanence of the storage and that such Representatives Committee on Energy and uals who are citizens of the United States, of Commerce. storage will not cause or contribute to sig- whom 1 shall be elected annually by the nificant adverse effects on public health or SEC. 335. INITIAL ALLOCATIONS FOR EARLY PAR- board to serve as chairman. No more than 3 TICIPATION AND ACCELERATED the environment. The Corporation shall en- members of the board serving at any time sure that no less than 20 percent of the fund- PARTICIPATION. may be affiliated with the same political Before making any allocations under sec- ing under this program is distributed to party. The members of the board shall be ap- rural electric cooperatives. tion 333, the Administrator shall allocate— pointed by the President of the United (1) to any covered entity an amount, of (B) AGRICULTURAL PROGRAMS.—The Cor- States, by and with the advice and consent poration shall establish and carry out a pro- tradeable allowances equivalent to the of the Senate and shall serve for terms of 5 amount, of greenhouse gas emissions reduc- gram, through direct grants, revolving loan years. programs, or other financial measures, to tions registered by that covered entity in the SEC. 352. PURPOSES AND FUNCTIONS. national greenhouse gas database if— provide incentives for greenhouse gas emis- (a) TRADING.—The Corporation— sions reductions or net increases in green- (A) the covered entity has registered to use (1) shall receive and manage tradeable al- house gas sequestration on agricultural the registered reduction in the year of allo- lowances allocated to it under section lands. The program shall include incentives cation; 333(a)(2); and for— (B) the reduction was registered prior to (2) shall buy and sell tradeable allowances, (i) production of wind energy on agricul- 2010; and whether allocated to it under that section or tural lands; (C) the Administrator retires the unique obtained by purchase, trade, or donation (ii) agricultural management practices serial number assigned to the reduction from other entities; but under section 201(c)(3); and (3) may not retire tradeable allowances un- that achieve verified, incremental increases (2) to any covered entity that has entered used. in net carbon sequestration, in accordance into an accelerated participation agreement (b) USE OF TRADEABLE ALLOWANCES AND with the requirements established by the Ad- under section 336, such tradeable allowances PROCEEDS.— ministrator under section 371; and as the Administrator has determined to be (1) IN GENERAL.—The Corporation shall use (iii) production of renewable fuels that, appropriate under that section. the tradeable allowances, and proceeds de- after consideration of the energy needed to rived from its trading activities in tradeable produce such fuels, result in a net reduction SEC. 336. BONUS FOR ACCELERATED PARTICIPA- in greenhouse gas emissions. TION. allowances, to reduce costs borne by con- (a) IN GENERAL.—If a covered entity exe- sumers as a result of the greenhouse gas re- Subtitle D—Sequestration Accounting; cutes an agreement with the Administrator duction requirements of this Act. The reduc- Penalties under which it agrees to reduce its level of tions— SEC. 371. SEQUESTRATION ACCOUNTING. (A) may be obtained by buy-down, subsidy, greenhouse gas emissions to a level no great- (a) SEQUESTRATION ACCOUNTING.—If a cover than the level of its greenhouse gas emis- negotiation of discounts, consumer rebates, ered entity uses a registered net increase in sions for calendar year 1990 by the year 2010, or otherwise; sequestration to satisfy the requirements of (B) shall be, as nearly as possible, equi- then, for the 6–year period beginning with section 301 for any year, that covered entity tably distributed across all regions of the calendar year 2010, the Administrator shall— shall submit information to the Adminis- United States; and (1) provide additional tradeable allowances (C) may include arrangements for pref- trator every 5 years thereafter sufficient to to that entity when allocating allowances erential treatment to consumers who can allow the Administrator to determine, using under section 334 in order to recognize the least afford any such increased costs. the methods and standards created under additional emissions reductions that will be (2) TRANSITION ASSISTANCE TO DISLOCATED section 204, whether that net increase in se- required of the covered entity; WORKERS AND COMMUNITIES.—The Corpora- questration still exists. Unless the Adminis- (2) allow that entity to satisfy 20 percent tion shall allocate a percentage of the pro- trator determines that the net increase in of its requirements under section 301 by— ceeds derived from its trading activities in sequestration continues to exist, the covered (A) submitting tradeable allowances from tradeable allowances to provide transition entity shall offset any loss of sequestration another nation’s market in greenhouse gas assistance to dislocated workers and commu- by submitting additional tradeable allow- emissions under the conditions described in nities. Transition assistance may take the ances of equivalent amount in the calendar section 312(b)(1); form of— year following that determination. (B) submitting a registered net increase in (A) grants to employers, employer associa- (b) REGULATIONS REQUIRED.—The Sec- sequestration, as registered in the National tions, and representatives of employees— retary, acting through the Under Secretary Greenhouse Gas Database established under (i) to provide training, adjustment assist- of Commerce for Science and Technology, in section 201, and as adjusted by the appro- ance, and employment services to dislocated coordination with the Secretary of Agri- priate sequestration discount rate estab- workers; and culture, the Secretary of Energy, and the lished under section 371; or (ii) to make income-maintenance and Administrator, shall issue regulations estab- (C) submitting a greenhouse gas emission needs-related payments to dislocated work- lishing the sequestration accounting rules reduction (other than a registered net in- ers; and for all classes of sequestration projects.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.104 S06PT1 S7590 CONGRESSIONAL RECORD — SENATE July 6, 2004 (c) CRITERIA FOR REGULATIONS.—In issuing S. 2317, to limit the royalty on soda an exchange of land at Fort Frederica regulations under this section, the Secretary ash; S. 2353, to reauthorize and amend National Monument, and for other pur- shall use the following criteria: the National Geologic Mapping Act of poses. (1) If the range of possible amounts of net 1992; H.R. 1189, to increase the waiver increase in sequestration for a particular Because of the limited time available class of sequestration project is not more requirement for certain local matching for the hearings, witnesses may testify than 10 percent of the median of that range, requirements for grants provided to by invitation only. However, those the amount of sequestration awarded shall American Samoa, Guam, the Virgin Is- wishing to submit written testimony be equal to the median value of that range. lands, or the Commonwealth of the for the hearing record should send two (2) If the range of possible amounts of net Northern Mariana Islands, and for copies of their testimony to the Com- increase in sequestration for a particular other purposes; and H.R. 2010, to pro- mittee on Energy and Natural Re- class of sequestration project is more than 10 tect the voting rights of members of sources, United States Senate, SD–364 percent of the median of that range, the the Armed Services in elections for the amount of sequestration awarded shall be Dirksen Senate Office Building, Wash- equal to the fifth percentile of that range. Delegate representing American ington, DC 20510–6150. (3) The regulations shall include proce- Samoa in the United States House of For further information, please con- dures for accounting for potential leakage Representatives, and for other pur- tact Tom Lillie at (202) 224–5161 or from sequestration projects and for ensuring poses. Sarah Creachbaum at (202) 224–6293. that any registered increase in sequestration Because of the limited time available f is in addition to that which would have oc- for the hearing, witnesses may testify curred if this Act had not been enacted. by invitation only. However, those PRIVILEGES OF THE FLOOR (d) UPDATES.—The Secretary shall update the sequestration accounting rules for every wishing to submit written testimony Mr. HATCH. Mr. President, I ask class of sequestration project at least once for the hearing record should send two unanimous consent that floor privi- every 5 years. copies of their testimony to the Com- leges be extended to the following SEC. 372. PENALTIES. mittee on Energy and Natural Re- staffers for the duration of debate on S. Any covered entity that fails to meet the sources, United States Senate, Wash- 2062: Harold Kim, Kevin O’Scannlain, requirements of section 301 for a year shall ington, DC 20510–6150. Ryan Triplette, Brendan Dunn, Levi be liable for a civil penalty, payable to the For further information, please con- Smylie, and Kevin Madigan from the Administrator, equal to thrice the market tact Dick Bouts at 202–224–7545, Kellie Judiciary Committee. value (determined as of the last day of the Donnelly at 202–224–9360, or Amy Millet The PRESIDING OFFICER. Without year at issue) of the tradeable allowances at 202–224–8276. that would be necessary for that covered en- objection, it is so ordered. tity to meet those requirements on the date COMMITTEE ON RULES AND ADMINISTRATION f Mr. LOTT. Mr. President, I wish to of the emission that resulted in the viola- APPOINTMENT tion. announce that the Committee on Rules f and Administration will meet at 9:30 The PRESIDING OFFICER. The a.m., Wednesday, July 14, 2004, to con- Chair announces the following appoint- NOTICES OF HEARINGS/MEETINGS duct an oversight hearing on the Fed- ment made by the Democratic Leader COMMITTEE ON ENERGY AND NATURAL eral Election Commission. during the adjournment: Pursuant to RESOURCES For further information concerning Public Law 105–18, on behalf of the Mr. DOMENICI. Mr. President, I this meeting, please contact Susan Democratic Leader, the appointment of would like to announce for the infor- Wells at 202–224–6352. Clare M. Cotton of Massachusetts to mation of the Senate and the public SUBCOMMITTEE ON NATIONAL PARKS serve as a member of the National that the following hearing has been Mr. THOMAS. Mr. President, I would Commission on the cost of Higher Edu- scheduled before the Committee on En- like to announce for the information of cation on June 30, 2004. ergy and Natural Resources: the Senate and the public that the fol- f The hearing will be held on Tuesday, lowing hearing has been scheduled be- July 13, at 10 a.m. in room SD–366 of fore the Subcommittee on National THE CALENDAR the Dirksen Senate Office Building in Parks of the Committee on Energy and Washington, DC. Natural Resources: NATIONAL AIRBORNE DAY The purpose of the hearing is to re- The hearing will be held on Thurs- ceive testimony regarding the role of day, July 15, 2004 at 2:30 p.m. in room nuclear power in national energy pol- SD–366 of the Dirksen Senate Office NATIONAL HEALTH CENTER WEEK icy. Building in Washington, DC. Because of the limited time available The purpose of the hearing is to re- for the hearing, witnesses may testify ceive testimony on the following bills: NATIONAL ATTENTION DEFICIT by invitation only. However, those S. 1852, to provide financial assistance DISORDER AWARENESS DAY wishing to submit written testimony for the rehabilitation of the Benjamin Mr. GRASSLEY. Mr. President, I ask for the hearing record should send two Franklin National Memorial in Phila- unanimous consent the Senate proceed copies of their testimony to the Com- delphia, Pennsylvania, and the develop- to immediate consideration of Cal- mittee on Energy and Natural Re- ment of an exhibit to commemorate endar Nos. 585, 586, and 587, en bloc. sources, United States Senate, SD–364 the 300th anniversary of the birth of The assistant legislative clerk read Dirksen Senate Office Building, Wash- Benjamin Franklin; S. 2142, to author- as follows: ington, DC 20510–6150. ize appropriations for the New Jersey For further information, please con- Coastal Heritage Trial Route, and for A resolution (S. Res. 322) designating Au- gust 16, 2004 as ‘‘National Airborne Day.’’ tact Dr. Pete Lyons at 202–224–5861 or other purposes; S. 2181, to adjust the A resolution (S. Res. 357) designating the Shane Perkins at 202–224–7555. boundary of Rocky Mountain National week of August 8 through August 14, 2004, as SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS Park in the State of Colorado; S. 2374, ‘‘National Health Center Week.’’ Mr. CRAIG. Mr. President, I an- to provide for the conveyance of cer- A resolution (S. Res. 370) designating Sep- nounce for the information of the Sen- tain land to the United States and to tember 7, 2004, as ‘‘National Attention Def- ate and the public that a hearing has revise the boundary of Chickasaw Na- icit Disorder Awareness Day.’’ been scheduled before the Sub- tional Recreation Area, OK, and for There being no objection, the Senate committee on Public Lands and For- other purposes; S. 2397 and H.R. 3706, to proceeded to consider the resolutions ests of the Committee on Energy and adjust the boundary of the John Muir en bloc. Natural Resources. national Historic Site, and for other Mr. GRASSLEY. I ask unanimous The hearing will be held on Wednes- purposes; S. 2432, to expand the bound- consent the resolutions be agreed to, day, July 14, 2004, at 2:30 p.m. in room aries of Wilson’s Creek Battlefield Na- the preambles be agreed to, and the SD–366 of the Dirksen Senate Office tional Park, and for other purposes; S. motions to reconsider be laid on the Building. 2567, to adjust the boundary of Red- table, all en bloc. The purpose of the hearing is to re- wood National Park in the State of The PRESIDING OFFICER. Without ceive testimony on the following bills: California; and H.R. 1113, to authorize objection, it is so ordered.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.107 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7591 The resolutions were agreed to. Armed Forces, have been prosecuting the 7 people of color, and 1 of every 9 rural Amer- The preambles were agreed to. war against terrorism by carrying out com- icans; The resolutions, with their pre- bat operations in Afghanistan, training oper- Whereas these health centers and other in- ambles, read as follows: ations in the Philippines, and other oper- novative programs in primary and preven- ations elsewhere; tive care reach out to over 621,000 homeless S. RES. 322 Whereas in the aftermath of the Presi- individuals and more than 709,000 migrant Whereas the airborne forces of the United dent’s announcement of Operation Iraqi and seasonal farm workers; States Armed Forces have a long and honor- Freedom in March 2003, the 75th Ranger Whereas these health centers make health able history as units of adventuresome, Regiment, special forces units, and units of care responsive and cost effective by inte- hardy, and fierce warriors who, for the na- the 82nd Airborne Division, the 101st Air- grating the delivery of primary care with ag- tional security of the United States and the borne Division (Air Assault), and the 173rd gressive outreach, patient education, trans- defense of freedom and peace, project the ef- Airborne Brigade, together with other units lation, and enabling support services; fective ground combat power of the United of the Armed Forces, have been prosecuting Whereas these health centers increase the States by Air Force air transport to the far the war against terrorism, carrying out com- use of preventive health services such as im- reaches of the battle area and, indeed, to the bat operations, conducting civil affair mis- munizations, Pap smears, mammograms, and far corners of the world; sions, and assisting in establishing democ- glaucoma screenings; Whereas August 16, 2004, marks the anni- racy in Iraq; Whereas in communities served by these versary of the first official validation of the Whereas the airborne forces are and will health centers, infant mortality rates have innovative concept of inserting United continue to be at the ready and the forefront been reduced between 10 and 40 percent; States ground combat forces behind the bat- until the Global War on Terrorism is con- Whereas these health centers are built by tle line by means of a parachute; cluded; community initiative; Whereas the United States experiment of Whereas of the members and former mem- Whereas Federal grants provide seed airborne infantry attack began on June 25, bers of the United States combat airborne money that empowers communities to find 1940, when the Army Parachute Test Platoon was first authorized by the United States De- forces, all have achieved distinction by earn- partners and resources and to recruit doctors partment of War, and was launched when 48 ing the right to wear the airborne’s ‘‘Silver and needed health professionals; volunteers began training in July of 1940; Wings of Courage’’, thousands have achieved Whereas Federal grants on average form 25 Whereas the Parachute Test Platoon per- the distinction of making combat jumps, 69 percent of such a health center’s budget, formed the first official Army parachute have earned the Medal of Honor, and hun- with the remainder provided by State and jump on August 16, 1940; dreds have earned the Distinguished-Service local governments, Medicare, Medicaid, pri- Whereas the success of the Parachute Test Cross, Silver Star, or other decorations and vate contributions, private insurance, and Platoon in the days immediately preceding awards for displays of such traits as heroism, patient fees; the entry of the United States into World gallantry, intrepidity, and valor; Whereas these health centers are commu- War II led to the formation of a formidable Whereas the members and former members nity oriented and patient focused; force of airborne units that, since then, have of the United States combat airborne forces Whereas these health centers tailor their served with distinction and repeated success are members of a proud and honorable frater- services to fit the special needs and prior- in armed hostilities; nity of the profession of arms that is made ities of communities, working together with Whereas among those units are the former exclusive by those distinctions which, to- schools, businesses, churches, community or- 11th, 13th, and 17th Airborne Divisions, the gether with their special skills and achieve- ganizations, foundations, and State and local venerable 82nd Airborne Division, the ments, distinguish them as intrepid combat governments; versatile 101st Airborne Division (Air As- parachutists, special operations forces, and Whereas these health centers contribute to sault), and the airborne regiments and bat- (in former days) glider troops; and the health and well-being of their commu- talions (some as components of those divi- Whereas the history and achievements of nities by keeping children healthy and in sions, some as separate units) that achieved the members and former members of the air- school and helping adults remain productive distinction as the elite 75th Ranger Regi- borne forces of the United States Armed and on the job; ment, the 173rd Airborne Brigade, the 187th Forces warrant special expressions of the Whereas these health centers engage cit- Infantry (Airborne) Regiment, the 503rd, gratitude of the American people as the air- izen participation and provide jobs for over 507th, 508th, 517th, 541st, and 542nd Parachute borne community celebrates August 16, 2004, 70,000 community residents; and Infantry Regiments, the 88th Glider Infantry as the 64th anniversary of the first official Whereas designating the week of August 8 Regiment, the 509th, 551st, and 555th Para- jump by the Army Parachute Test Platoon: through August 14, 2004, as ‘‘National Health chute Infantry Batallions, and the 550th Air- Now, therefore, be it Center Week’’ would raise awareness of the borne Infantry Battalion; Resolved, That the Senate— health services provided by health centers: Whereas the achievements of the airborne (1) designates August 16, 2004, as ‘‘National Now, therefore, be it forces during World War II provided a basis Airborne Day’’; and Resolved, That the Senate— of evolution into a diversified force of para- (2) requests that the President issue a (1) designates the week of August 8 chute and air assault units that, over the proclamation calling on Federal, State, and through August 14, 2004, as ‘‘National Health years, have fought in Korea, Vietnam, Gre- local administrators and the people of the Center Week’’; and nada, Panama, the Persian Gulf Region, and United States to observe ‘‘National Airborne (2) requests that the President issue a Somalia, and have engaged in peacekeeping Day’’ with appropriate programs, cere- proclamation calling upon the people of the operations in Lebanon, the Sinai Peninsula, monies, and activities. United States to observe the week with ap- the Dominican Republic, Haiti, Bosnia, and propriate ceremonies and activities. Kosovo; S. RES. 357 Whereas the modern-day airborne force Whereas community, migrant, public hous- S. RES. 370 that has evolved from those World War II being, and homeless health centers are non- Whereas Attention Deficit/Hyperactivity ginnings is an agile, powerful force that, in profit, community owned and operated Disorder (also known as AD/HD or ADD), is a large part, is composed of the 82nd Airborne health providers and are vital to the Na- chronic neurobiological disorder, affecting Division, the 101st Airborne Division (Air As- tion’s communities; both children and adults, that can signifi- sault), and the 75th Ranger Regiment which, Whereas there are more than 1,000 such cantly interfere with an individual’s ability together with other units, comprise the health centers serving 15,000,000 people in to regulate activity level, inhibit behavior, quick reaction force of the Army’s XVIII over 3,500 communities in every State and and attend to tasks in developmentally ap- Airborne Corps when not operating sepa- territory, spanning urban and rural commu- propriate ways; rately under a regional combatant com- nities in all 50 States, the District of Colum- Whereas AD/HD can cause devastating con- mander; bia, Puerto Rico, Guam, and the Virgin Is- sequences, including failure in school and Whereas that modern-day airborne force lands; the workplace, antisocial behavior, encoun- also includes other elite forces composed en- Whereas these health centers have pro- ters with the justice system, interpersonal tirely of airborne trained and qualified spe- vided cost-effective, high-quality health care difficulties, and substance abuse; cial operations warriors, including Army to the Nation’s poor and medically under- Whereas AD/HD, the most extensively Special Forces, Marine Corps Force Recon- served (including the working poor, the unin- studied mental disorder in children, affects naissance units, Navy SEALs, and Air Force sured, and many high-risk and vulnerable an estimated 3 percent to 7 percent (2,000,000) combat control teams, all or most of which populations), acting as a vital safety net in of young school-age children and an esti- comprise the forces of the United States Spe- the Nation’s health delivery system, meeting mated 4 percent (8,000,000) of adults across cial Operations Command; escalating health needs, and reducing health racial, ethnic, and socioeconomic lines; Whereas in the aftermath of the terrorist disparities; Whereas scientific studies clearly indicate attacks on the United States on September Whereas these health centers provide care that AD/HD runs in families and suggest that 11, 2001, the 75th Ranger Regiment, special to individuals in the United States who genetic inheritance is an important risk fac- forces units, and units of the 82nd Airborne would otherwise lack access to health care, tor, with between 10 and 35 percent of chil- Division and the 101st Airborne Division (Air including 1 of every 8 uninsured individuals, dren with AD/HD having a first-degree rel- Assault), together with other units of the 1 of every 9 Medicaid beneficiaries, 1 of every ative with past or present AD/HD, and with

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.104 S06PT1 S7592 CONGRESSIONAL RECORD — SENATE July 6, 2004 approximately 50 percent of parents who had SECTION 1. SHORT TITLE. Sec. 218. Neurotoxin mitigation research. AD/HD having a child with the disorder; This Act may be cited as the ‘‘Ronald W. Sec. 219. Spiral development of joint threat Whereas despite the serious consequences Reagan National Defense Authorization Act warning system maritime that can manifest in the family and life ex- for Fiscal Year 2005’’. variants. periences of an individual with AD/HD, stud- SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; Sec. 220. Advanced ferrite antenna. ies indicate that less than 85 percent of TABLE OF CONTENTS. Sec. 221. Prototype littoral array system for adults with the disorder are diagnosed and (a) DIVISIONS.—This Act is organized into operating submarines. less than half of children and adults with the three divisions as follows: Sec. 222. Advanced manufacturing tech- disorder are receiving treatment; (1) Division A—Department of Defense Au- nologies and radiation casualty Whereas poor and minority communities thorizations. research. (2) Division B—Military Construction Au- are particularly underserved by AD/HD re- Subtitle C—Ballistic Missile Defense sources; thorizations. Whereas the Surgeon General, the Amer- (3) Division C—Department of Energy Na- Sec. 231. Fielding of ballistic missile defense ican Medical Association (AMA), the Amer- tional Security Authorizations and Other capabilities. ican Psychiatric Association, the American Authorizations. Sec. 232. Patriot Advance Capability-3 and Academy of Child and Adolescent Psychiatry (b) TABLE OF CONTENTS.—The table of con- Medium Extended Air Defense (AACAP), the American Psychological Asso- tents for this Act is as follows: System. ciation, the American Academy of Pediatrics Sec. 1. Short title. Sec. 233. Comptroller General assessments (AAP), the Centers for Disease Control and Sec. 2. Organization of Act into divisions; of ballistic missile defense pro- Prevention (CDC), and the National Institute table of contents. grams. of Mental Health, among others, recognize Sec. 3. Congressional defense committees Sec. 234. Baselines and operational test and the need for proper diagnosis, education, and defined. evaluation for ballistic missile defense system. treatment of AD/HD; DIVISION A—DEPARTMENT OF DEFENSE Whereas the lack of public knowledge and AUTHORIZATIONS Subtitle D—Other Matters understanding of the disorder play a signifi- TITLE I—PROCUREMENT Sec. 241. Annual report on submarine tech- cant role in the overwhelming numbers of Subtitle A—Authorization of Appropriations nology insertion. undiagnosed and untreated cases of AD/HD, Sec. 101. Army. Sec. 242. Sense of the Senate regarding fund- and the dissemination of inaccurate, mising of the advanced ship- leading information contributes to the ob- Sec. 102. Navy and Marine Corps. Sec. 103. Air Force. building enterprise under the stacles preventing diagnosis and treatment Sec. 104. Defense-wide activities. national shipbuilding research of the disorder; program of the Navy. Whereas lack of knowledge, combined with Subtitle B—Army Programs TITLE III—OPERATION AND the issue of stigma associated with AD/HD, Sec. 111. Light utility helicopter program. MAINTENANCE has a particularly detrimental effect on the Sec. 112. Up-armored high mobility multi- diagnosis and treatment of AD/HD; purpose wheeled vehicles or Subtitle A—Authorization of Appropriations Whereas there is a need to educate health wheeled vehicle ballistic add-on Sec. 301. Operation and maintenance fund- care professionals, employers, and educators armor protection. ing. about the disorder and a need for well- Sec. 113. Command-and-control vehicles or Sec. 302. Working capital funds. trained mental health professionals capable field artillery ammunition sup- Sec. 303. Other Department of Defense proof conducting proper diagnosis and treat- port vehicles. grams. ment activities; and Subtitle C—Navy Programs Sec. 304. Amount for one source military Whereas studies by the National Institute Sec. 121. LHA(R) amphibious assault ship counseling and referral hotline. of Mental Health and others consistently re- program. Subtitle B—Program Requirements, veal that through proper and comprehensive Sec. 122. Multiyear procurement authority Restrictions, and Limitations diagnosis and treatment, the symptoms of for the light weight 155-milli- Sec. 311. Commander’s Emergency Response AD/HD can be substantially decreased and meter howitzer program. quality of life for the individual can be im- Sec. 123. Pilot program for flexible funding Program. proved: Now, therefore, be it of submarine engineered refuel- Sec. 312. Limitation on transfers out of Resolved, That the Senate— ing overhaul and conversion. working capital funds. (1) designates September 7, 2004, as ‘‘Na- Sec. 313. Family readiness program of the Subtitle D—Air Force Programs National Guard. tional Attention Deficit Disorder Awareness Sec. 131. Prohibition of retirement of KC– Subtitle C—Environmental Provisions Day’’; 135E aircraft. (2) recognizes Attention Deficit/Hyper- Sec. 132. Prohibition of retirement of F–117 Sec. 321. Payment of certain private cleanup activity Disorder (AD/HD) as a major public aircraft. costs in connection with De- health concern; Sec. 133. Senior scout mission bed-down ini- fense Environmental Restora- (3) encourages all people of the United tiative. tion Program. States to find out more about AD/HD and its Subtitle E—Other Matters Sec. 322. Reimbursement of Environmental supporting mental health services, and to Protection Agency for certain Sec. 141. Report on options for acquisition of seek the appropriate treatment and support, costs in connection with Moses precision-guided munitions. if necessary; Lake Wellfield Superfund Site, (4) expresses the sense of the Senate that Sec. 142. Report on maturity and effectiveness of the Global Information Moses Lake, Washington. the Federal Government has a responsibility Sec. 323. Satisfaction of certain audit re- to— Grid Bandwidth Expansion (GIG–BE) Network. quirements by the Inspector (A) endeavor to raise public awareness General of the Department of about AD/HD; and TITLE II—RESEARCH, DEVELOPMENT, Defense. (B) continue to consider ways to improve TEST AND EVALUATION Sec. 324. Comptroller General study and re- access to, and the quality of, mental health Subtitle A—Authorization of Appropriations port on drinking water con- services dedicated to the purpose of improv- Sec. 201. Authorization of appropriations. tamination and related health ing the quality of life for children and adults Sec. 202. Amount for science and tech- effects at Camp Lejeune, North with AD/HD; and nology. Carolina. (5) requests that the President issue a Subtitle B—Program Requirements, Sec. 325. Increase in authorized amount of proclamation calling on Federal, State and Restrictions, and Limitations environmental remediation, local administrators and the people of the Sec. 211. DD(X)-class destroyer program. Front Royal, Virginia. United States to observe the day with appro- Sec. 212. Global Positioning System III sat- Sec. 326. Comptroller General study and re- priate programs and activities. ellite. port on alternative tech- f Sec. 213. Initiation of concept demonstra- nologies to decontaminate groundwater at Department of NATIONAL DEFENSE AUTHORIZA- tion of Global Hawk high alti- tude endurance unmanned aer- Defense installations. TION ACT FOR FISCAL YEAR 2005 ial vehicle. Sec. 327. Sense of Senate on perchlorate con- On Wednesday, June 23 (legislative Sec. 214. Joint Unmanned Combat Air Sys- tamination of ground and sur- day of Tuesday, June 22), 2004, the Sen- tems program. face water. ate passed S. 2400, as follows: Sec. 215. Joint Strike Fighter Aircraft pro- Sec. 328. Amount for research and develop- gram. ment for improved prevention S. 2400 Sec. 216. Joint experimentation. of Leishmaniasis. Be it enacted by the Senate and House of Rep- Sec. 217. Infrastructure system security en- Sec. 329. Report regarding encroachment resentatives of the United States of America in gineering development for the issues affecting Utah Test and Congress assembled, Navy. Training Range, Utah.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0655 E:\CR\FM\A06JY6.045 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7593 Subtitle D—Depot-Level Maintenance and Subtitle C—Authorizations of Appropriations Subtitle F—Military Justice Repair Sec. 421. Authorization of appropriations for Sec. 551. Reduced blood alcohol content Sec. 331. Simplification of annual reporting military personnel. limit for offense of drunken op- requirements concerning funds Sec. 422. Armed Forces Retirement Home. eration of a vehicle, aircraft, or expended for depot mainte- TITLE V—MILITARY PERSONNEL POLICY vessel. nance and repair workloads. Sec. 552. Waiver of recoupment of time lost Sec. 332. Repeal of requirement for annual Subtitle A—Joint Officer Personnel for confinement in connection report on management of depot Management with a trial. employees. Sec. 501. Modification of conditions of eligi- Sec. 553. Department of Defense policy and Sec. 333. Extension of special treatment for bility for waiver of joint duty procedures on prevention and certain expenditures incurred credit requirement for pro- response to sexual assaults in- in the operation of centers of motion to general or flag offi- volving members of the Armed industrial and technical excel- cer. Forces. lence. Sec. 502. Management of joint specialty offi- Subtitle G—Scope of Duties of Ready Reserve Subtitle E—Extensions of Program cers. Personnel in Inactive Duty Status Authorities Sec. 503. Revised promotion policy objectives for joint officers. Sec. 561. Redesignation of inactive-duty Sec. 341. Two-year extension of Department training to encompass oper- Sec. 504. Length of joint duty assignments. of Defense telecommunications ational and other duties per- Sec. 505. Repeal of minimum period require- benefit. formed by Reserves while in in- ment for Phase II Joint Profes- Sec. 342. Two-year extension of Arsenal Sup- active duty status. sional Military Education. port Program Initiative. Sec. 562. Repeal of unnecessary duty status Sec. 506. Revised definitions applicable to Sec. 343. Reauthorization of warranty distinction for funeral honors joint duty. claims recovery pilot program. duty. Subtitle F—Defense Dependents Education Subtitle B—Other Officer Personnel Policy Sec. 563. Conforming amendments to other Sec. 351. Assistance to local educational Sec. 511. Transition of active-duty list offi- laws referring to inactive-duty agencies that benefit depend- cer force to a force of all reg- training. ents of members of the Armed ular officers. Sec. 564. Conforming amendments to other Forces and Department of De- Sec. 512. Eligibility of Navy staff corps offi- laws referring to funeral honors fense civilian employees. cers to serve as Deputy Chiefs duty. Sec. 352. Impact aid for children with severe of Naval Operations and Assist- Subtitle H—Other Matters disabilities. ant Chiefs of Naval Operations. Sec. 571. Accession of persons with special- Sec. 353. Sense of the Senate regarding the Sec. 513. One-year extension of authority to ized skills. impact of the privatization of waive joint duty experience as Sec. 572. Federal write-in ballots for absen- military housing on local eligibility requirement for ap- tee military voters located in schools pointment of chiefs of reserve the United States. components. Subtitle G—Other Matters Sec. 573. Renaming of National Guard Chal- Sec. 514. Limitation on number of officers lenge Program and increase in Sec. 361. Charges for Defense Logistics Infor- frocked to major general and mation Services materials. maximum Federal share of cost rear admiral (upper half). of State programs under the Sec. 362. Temporary authority for con- Sec. 515. Study regarding promotion eligi- tractor performance of secu- program. bility of retired warrant offi- Sec. 574. Appearance of veterans service or- rity-guard functions. cers recalled to active duty. Sec. 363. Pilot program for purchase of cer- ganizations at preseparation tain municipal services for De- Subtitle C—Reserve Component Personnel counseling provided by the De- partment of Defense installa- Policy partment of Defense. tions. Sec. 521. Repeal of exclusion of active duty Sec. 575. Sense of the Senate regarding re- Sec. 364. Consolidation and improvement of for training from authority to turn of members to active duty authorities for Army working- order reserves to active duty. service upon rehabilitation capital funded facilities to en- Sec. 522. Exception to mandatory retention from service-related injuries. gage in public-private partner- of Reserves on active duty to TITLE VI—COMPENSATION AND OTHER ships. qualify for retirement pay. PERSONNEL BENEFITS Sec. 365. Program to commemorate 60th an- Subtitle D—Education and Training Subtitle A—Pay and Allowances niversary of World War II. Sec. 531. One-year extension of Army Col- Sec. 601. Geographic basis for housing allow- Sec. 366. Media coverage of the return to the lege First pilot program. ance during short-assignment United States of the remains of Sec. 532. Military recruiter equal access to permanent changes of station deceased members of the Armed campus. for education or training. Forces from overseas. Sec. 533. Exclusion from denial of funds for Sec. 602. Immediate lump-sum reimburse- Sec. 367. Tracking and care of members of preventing ROTC access to ment for unusual nonrecurring the Armed Forces who are in- campus of amounts to cover in- expenses incurred for duty out- jured in combat. dividual costs of attendance at side the continental United TITLE IV—MILITARY PERSONNEL institutions of higher edu- States. AUTHORIZATIONS cation. Sec. 603. Permanent increase in authorized Subtitle A—Active Forces Sec. 534. Transfer of authority to confer de- amount of family separation al- Sec. 401. End strengths for active forces. grees upon graduates of the lowance. Sec. 402. Additional authority for increases Community College of the Air Subtitle B—Bonuses and Special and of Army active duty personnel Force. Incentive Pays Sec. 535. Repeal of requirement for officer to end strengths for fiscal years Sec. 611. One-year extension of certain retire upon termination of serv- 2005 through 2009. bonus and special pay authori- ice as Superintendent of the Air Sec. 403. Exclusion of service academy per- ties for reserve forces. Force Academy. manent and career professors Sec. 612. One-year extension of certain from a limitation on certain of- Subtitle E—Decorations, Awards, and bonus and special pay authori- ficer grade strengths. Commendations ties for certain health care pro- Subtitle B—Reserve Forces Sec. 541. Award of medal of honor to indi- fessionals. Sec. 411. End strengths for Selected Reserve. vidual interred in the Tomb of Sec. 613. One-year extension of special pay Sec. 412. End strengths for Reserves on ac- the Unknowns as representative and bonus authorities for nu- tive duty in support of the re- of casualties of a war. clear officers. serves. Sec. 542. Separate campaign medals for Op- Sec. 614. One-year extension of other bonus Sec. 413. End strengths for military techni- eration Enduring Freedom and and special pay authorities. cians (dual status). for Operation Iraqi Freedom. Sec. 615. Reduced service obligation for Sec. 414. Fiscal year 2005 limitations on non- Sec. 543. Plan for revised criteria and eligi- nurses receiving nurse acces- dual status technicians. bility requirements for award sion bonus. Sec. 415. Authorized strengths for Marine of combat infantryman badge Sec. 616. Assignment incentive pay. Corps Reserve officers in active and combat medical badge for Sec. 617. Permanent increase in authorized status in grades below general service in Korea after July 28, amount of hostile fire and im- officer. 1953. minent danger special pay.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0655 E:\CR\FM\A06JY6.071 S06PT1 S7594 CONGRESSIONAL RECORD — SENATE July 6, 2004 Sec. 618. Eligibility of enlisted members to Sec. 706. Expanded eligibility of Ready Re- Subtitle C—Extensions of Temporary qualify for critical skills reten- serve members under TRICARE Program Authorities tion bonus while serving on in- program. Sec. 821. Extension of contract goal for definite reenlistment. Sec. 707. Continuation of non-TRICARE small disadvantaged business Sec. 619. Clarification of educational pur- health benefits plan coverage and certain institutions of suits qualifying for Selected for certain Reserves called or higher education. Reserve Education Loan Repay- ordered to active duty and their Sec. 822. Extension of Mentor-Protege pro- ment Program for health pro- dependents. gram. fessions officers. Subtitle B—Other Matters Sec. 823. Extension of test program for nego- Sec. 620. Bonus for certain initial service of Sec. 711. Repeal of requirement for payment tiation of comprehensive small commissioned officers in the of subsistence charges while business subcontracting plans. Selected Reserve. Sec. 824. Extension of pilot program on sales Sec. 621. Relationship between eligibility to hospitalized. Sec. 712. Opportunity for young child de- of manufactured articles and receive supplemental subsist- pendent of deceased member to services of certain Army indus- ence allowance and eligibility become eligible for enrollment trial facilities. to receive imminent danger in a TRICARE dental plan. pay, family separation allow- Subtitle D—Industrial Base Matters Sec. 713. Pediatric dental practice necessary ance, and certain Federal as- for professional accreditation. Sec. 831. Commission on the Future of the sistance. Sec. 714. Services of marriage and family National Technology and Indus- Subtitle C—Travel and Transportation therapists. trial Base. Allowances Sec. 715. Chiropractic health care benefits Sec. 832. Waiver authority for domestic Sec. 631. Travel and transportation allow- advisory committee. source or content requirements. ances for family members to at- Sec. 716. Grounds for Presidential waiver of Sec. 833. Consistency with United States ob- tend burial ceremonies of mem- requirement for informed con- ligations under trade agree- bers who die on duty. sent or option to refuse regard- ments. Sec. 632. Lodging costs incurred in connec- ing administration of drugs not Sec. 834. Repeal of certain requirements and tion with dependent student approved for general use. limitations relating to the de- travel. Sec. 717. Eligibility of cadets and mid- fense industrial base. Subtitle D—Retired Pay and Survivor shipmen for medical and dental Subtitle E—Defense Acquisition and Support Benefits care and disability benefits. Workforce Sec. 641. Special rule for computing the Sec. 718. Continuation of sub-acute care for Sec. 841. Limitation and reinvestment au- high-36 month average for dis- transition period. thority relating to reduction of Sec. 719. Temporary authority for waiver of abled members of reserve com- the defense acquisition and sup- collection of payments due for ponents. port workforce. CHAMPUS benefits received by Sec. 642. Death benefits enhancement. Sec. 842. Defense acquisition workforce im- disabled persons unaware of Sec. 643. Repeal of phase-in of concurrent re- provements. ceipt of retired pay and vet- loss of CHAMPUS eligibility. Subtitle F—Public-Private Competitions erans’ disability compensation Sec. 720. Vaccine Healthcare Centers Net- for veterans with service-con- work. Sec. 851. Public-private competition for nected disabilities rated as 100 Sec. 721. Use of Department of Defense funds work performed by civilian em- percent. for abortions in cases of rape ployees of the Department of Sec. 644. Full SBP survivor benefits for sur- and incest Defense. viving spouses over age 62. TITLE VIII—ACQUISITION POLICY, ACQUI- Sec. 852. Performance of certain work by Sec. 645. Open enrollment period for sur- SITION MANAGEMENT, AND RELATED Federal Government employ- vivor benefit plan commencing MATTERS ees. October 1, 2005. Subtitle A—Acquisition Policy and Sec. 853. Competitive sourcing reporting re- Subtitle E—Other Matters Management quirement. Sec. 651. Increased maximum period for Sec. 801. Responsibilities of acquisition ex- Subtitle G—Other Matters leave of absence for pursuit of a ecutives and Chief Information Sec. 861. Inapplicability of certain fiscal program of education in a Officers under the Clinger- laws to settlements under spe- health care profession. Cohen Act. cial temporary contract close- Sec. 652. Eligibility of members for reim- Sec. 802. Software-related program costs out authority. bursement of expenses incurred under major defense acquisition Sec. 862. Demonstration program on ex- for adoption placements made programs. panded use of Reserves to per- by foreign governments. Sec. 803. Internal controls for Department of form developmental testing, Sec. 653. Acceptance of frequent traveler Defense purchases through GSA new equipment training, and miles, credits, and tickets to fa- Client Support Centers. related activities. cilitate the air or surface travel Sec. 804. Defense commercial satellite serv- Sec. 863. Applicability of competition excep- of certain members of the ices procurement process. tions to eligibility of National Armed Forces and their fami- Sec. 805. Revision and extension of author- Guard for financial assistance lies. ity for advisory panel on review for performance of additional Sec. 654. Child care for children of members of government procurement duties. of Armed Forces on active duty laws and regulations. Sec. 864. Management plan for contractor for Operation Enduring Free- Subtitle B—General Contracting Authorities, security personnel. dom or Operation Iraqi Free- Procedures, and Limitations, and Other Sec. 865. Report on contractor performance dom. Matters of security, intelligence, law Sec. 655. Relief for mobilized military re- Sec. 811. Increased thresholds for applica- enforcement, and criminal jus- servists from certain Federal bility of certain requirements. tice functions in Iraq. agricultural loan obligations. Sec. 812. Period for multiyear task and de- Sec. 866. Accreditation study of commercial TITLE VII—HEALTH CARE livery order contracts. off-the-shelf processes for eval- Subtitle A—Enhanced Benefits for Reserves Sec. 813. Submission of cost or pricing data uating information technology Sec. 701. Demonstration project on health on noncommercial modifica- products and services. benefits for Reserves. tions of commercial items. Sec. 867. Contractor performance of acquisi- Sec. 702. Permanent earlier eligibility date Sec. 814. Delegations of authority to make tion functions closely associ- for TRICARE benefits for mem- determinations relating to pay- ated with inherently govern- bers of reserve components. ment of defense contractors for mental functions. Sec. 703. Waiver of certain deductibles for business restructuring costs. Sec. 868. Contracting with employers of per- members on active duty for a Sec. 815. Limitation regarding service sons with disabilities. period of more than 30 days. charges imposed for defense Sec. 869. Energy savings performance con- Sec. 704. Protection of dependents from bal- procurements made through tracts. ance billing. contracts of other agencies. Sec. 870. Availability of Federal supply Sec. 705. Permanent extension of transi- Sec. 816. Sense of the Senate on effects of schedule supplies and services tional health care benefits and cost inflation on the value to United Service Organiza- addition of requirement for range of the contracts to which tions, incorporated. preseparation physical exam- a small business contract res- Sec. 871. Acquisition of aerial refueling air- ination. ervation applies. craft for the Air Force.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0655 E:\CR\FM\A06JY6.071 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7595 TITLE IX—DEPARTMENT OF DEFENSE Sec. 1029. Comptroller General analysis of Sec. 1062. Two-year extension of authority ORGANIZATION AND MANAGEMENT use of transitional benefit cor- of Secretary of Defense to en- Subtitle A—Reserve Components porations in connection with gage in commercial activities competitive sourcing of per- as security for intelligence col- Sec. 901. Modification of stated purpose of formance of Department of De- lection activities abroad. the reserve components. fense activities and functions. Sec. 1063. Liability protection for persons Sec. 902. Commission on the National Guard Sec. 1029A. Comptroller General study of voluntarily providing mari- and Reserves. programs of transition assist- time-related services accepted Sec. 903. Chain of succession for the Chief of ance for personnel separating by the Navy. the National Guard Bureau. from the Armed Forces. Sec. 1064. Licensing of intellectual property. Sec. 904. Redesignation of Vice Chief of the Sec. 1029B. Study on coordination of job Sec. 1065. Delay of electronic voting dem- National Guard Bureau as Di- training and certification onstration project. rector of the Joint Staff of the standards. Sec. 1066. War risk insurance for merchant National Guard Bureau. Sec. 1029C. Content of preseparation coun- marine vessels. Sec. 905. Authority to redesignate the Naval seling for personnel separating Sec. 1067. Repeal of quarterly reporting re- Reserve. from active duty service. quirement concerning pay- Sec. 906. Homeland security activities of the Sec. 1029D. Periodic detailed accounting for ments for District of Columbia National Guard. operations of the global war on water and sewer services and terrorism. Subtitle B—Other Matters establishment of annual report Sec. 1029E. Report on the stabilization of by Treasury. Sec. 911. Study of roles and authorities of Iraq. the Director of Defense Re- Sec. 1029F. Reports on matters relating to Sec. 1068. Receipt of pay by reserves from ci- search and Engineering. detainment of prisoners by the vilian employers while on ac- Sec. 912. Directors of Small Business Pro- Department of Defense. tive duty in connection with a grams. contingency operation. Sec. 913. Leadership positions for the Naval Subtitle D—Matters Relating to Space Sec. 1069. Protection of Armed Forces per- Postgraduate School. Sec. 1031. Space posture review. sonnel from retaliatory actions Sec. 914. United States Military Cancer In- Sec. 1032. Panel on the Future of Military for communications made stitute. Space Launch. through the chain of command. Sec. 915. Authorities of the Judge Advocates Sec. 1033. Operationally responsive national Sec. 1070. Missile defense cooperation. General. security payloads for space sat- Sec. 1071. Policy on nonproliferation of bal- ellites. listic missiles. TITLE X—GENERAL PROVISIONS Sec. 1034. Nondisclosure of certain products Sec. 1072. Reimbursement for certain protec- Subtitle A—Financial Matters of commercial satellite oper- tive, safety, or health equip- ations. Sec. 1001. Transfer authority. ment purchased by or for mem- Sec. 1035. Sense of Congress on space launch Sec. 1002. United States contribution to bers of the Armed Forces for ranges. NATO common-funded budgets deployment in operations in in fiscal year 2005. Subtitle E—Defense Against Terrorism Iraq and central Asia. Sec. 1003. Reduction in overall authorization Sec. 1041. Temporary acceptance of commu- Sec. 1073. Preservation of search and rescue due to inflation savings. nications equipment provided capabilities of the Federal Gov- Sec. 1004. Defense business systems invest- by local public safety agencies. ernment. ment management. Sec. 1042. Full-time dedication of airlift sup- Sec. 1074. Grant of Federal charter to Ko- Sec. 1005. Uniform funding and management port for homeland defense oper- rean War Veterans Association, of service academy athletic and ations. Incorporated. recreational extracurricular Sec. 1043. Survivability of critical systems Sec. 1075. Coordination of USERRA with the programs. exposed to chemical or biologi- Internal Revenue Code of 1986. cal contamination. Sec. 1006. Authorization of appropriations Sec. 1076. Aerial firefighting equipment. for a contingent emergency re- Subtitle F—Matters Relating to Other Sec. 1077. Sense of Senate on American serve fund for operations in Nations Forces Radio and Television Iraq and Afghanistan. Sec. 1051. Humanitarian assistance for the Service. Subtitle B—Naval Vessels and Shipyards detection and clearance of land- Sec. 1078. Sense of Congress on America’s Sec. 1011. Exchange and sale of obsolete mines and explosive remnants National World War I Museum. Navy service craft and boats. of war. Sec. 1079. Reduction of barriers for Hispanic- Sec. 1012. Limitation on disposal of obsolete Sec. 1052. Use of funds for unified serving institutions in defense naval vessel. counterdrug and contracts, defense research pro- Sec. 1013. Award of contracts for ship dis- counterterrorism campaign in grams, and other minority-re- mantling on net cost basis. Colombia. lated defense programs. Sec. 1014. Authority to transfer naval ves- Sec. 1053. Assistance to Iraq and Afghani- Sec. 1080. Extension of scope and jurisdic- sels to certain foreign coun- stan military and security tion for current fraud offenses. tries. forces. Sec. 1081. Contractor accountability. Sec. 1054. Assignment of NATO naval per- Sec. 1082. Definition of United States. Subtitle C—Reports sonnel to submarine safety re- Sec. 1021. Report on contractor security in search and development pro- Sec. 1083. Mentor-protege pilot program. Iraq. grams. Sec. 1084. Broadcast Decency Enforcement Sec. 1022. Technical correction to reference Sec. 1055. Compensation for former prisoners Act of 2004. to certain annual reports. of war. Sec. 1085. Children’s Protection from Vio- Sec. 1023. Study of establishment of mobili- Sec. 1056. Drug eradication efforts in Af- lent Programming Act. zation station at Camp Ripley ghanistan. Sec. 1086. Assessment of effectiveness of cur- National Guard Training Cen- Sec. 1057. Humane treatment of detainees. rent rating system for violence ter, Little Falls, Minnesota. Sec. 1058. United Nations Oil-For-Food Pro- and effectiveness of V-chip in Sec. 1024. Report on training provided to gram. blocking violent programming. members of the Armed Forces Sec. 1059. Sense of Congress on the global Sec. 1087. Unlawful distribution of violent to prepare for post-conflict op- partnership against the spread video programming that is not erations. of weapons of mass destruction. specifically rated for violence Sec. 1025. Report on availability of potential Sec. 1059A Exception to bilateral agreement and therefore is not blockable. overland ballistic missile de- requirements for transfers of Sec. 1088. Separability. fense test ranges. defense items. Sec. 1089. Effective Date. Sec. 1026. Operation of the Federal voting Sec. 1059B. Redesignation and modification Sec. 1090. Pilot program on cryptologic serv- assistance program and the of authorities relating to In- ice training. Military Postal System. spector General of the coalition Sec. 1091. Energy savings performance con- Sec. 1027. Report on establishing national provisional authority. tracts. centers of excellence for un- Sec. 1059C. Treatment of foreign prisoners. Sec. 1092. Clarification of fiscal year 2004 manned aerial and ground vehi- Subtitle G—Other Matters funding level for a National In- cles. Sec. 1061. Technical amendments relating to stitute of Standards and Tech- Sec. 1028. Report on post-major combat op- definitions of general applica- nology account. erations phase of Operation bility in title 10, United States Sec. 1093. Report on offset requirements Iraqi Freedom. Code. under certain contracts.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0655 E:\CR\FM\A06JY6.071 S06PT1 S7596 CONGRESSIONAL RECORD — SENATE July 6, 2004 TITLE XI—DEPARTMENT OF DEFENSE Sec. 2104. Authorization of appropriations, Sec. 2813. Authority to exchange or sell re- CIVILIAN PERSONNEL POLICY Army. serve component facilities and Sec. 1101. Science, mathematics, and re- Sec. 2105. Modification of authority to carry lands to obtain new reserve search for transformation out certain fiscal year 2004 component facilities and lands. (SMART) defense scholarship projects. Sec. 2814. Repeal of authority of Secretary pilot program. Sec. 2106. Modification of authority to carry of Defense to recommend that Sec. 1102. Foreign language proficiency pay. out certain fiscal year 2003 installations be placed in inac- Sec. 1103. Pay and performance appraisal project. tive status during 2005 round of parity for civilian intelligence TITLE XXII—NAVY defense base closure and re- personnel. Sec. 2201. Authorized Navy construction and alignment. Sec. 1104. Accumulation of annual leave by land acquisition projects. Subtitle C—Land Conveyances intelligence senior level em- Sec. 2202. Family housing. Sec. 2821. Transfer of administrative juris- ployees. Sec. 2203. Improvements to military family diction, Defense Supply Center, Sec. 1105. Pay parity for senior executives in housing units. Columbus, Ohio. defense nonappropriated fund Sec. 2204. Authorization of appropriations, Sec. 2822. Land conveyance, Browning Army instrumentalities. Navy. Reserve Center, Utah. Sec. 1106. Health benefits program for em- Sec. 2205. Modification of authority to carry Sec. 2823. Land exchange, Arlington County, ployees of nonappropriated fund out certain fiscal year 2004 Virginia. instrumentalities. projects. Sec. 2824. Land conveyance, Hampton, Vir- Sec. 1107. Bid protests by Federal employees TITLE XXIII—AIR FORCE ginia. in actions under Office of Man- Sec. 2301. Authorized Air Force construction Sec. 2825. Land conveyance, Seattle, Wash- agement and Budget Circular and land acquisition projects. ington. A–76. Sec. 2302. Family housing. Sec. 2826. Transfer of jurisdiction, Nebraska Sec. 1108. Report on how to recruit and re- Sec. 2303. Improvements to military family Avenue Naval Complex, Dis- tain individuals with foreign housing units. trict of Columbia. language skills. Sec. 2304. Authorization of appropriations, Sec. 2827. Land conveyance, Honolulu, Ha- Sec. 1109. Plan on implementation and utili- Air Force. waii. zation of flexible personnel Sec. 2828. Land conveyance, Portsmouth, TITLE XXIV—DEFENSE AGENCIES management authorities in De- Virginia. partment of Defense labora- Sec. 2401. Authorized Defense Agencies con- Sec. 2829. Land conveyance, former Griffiss tories. struction and land acquisition Air Force Base, New York. Sec. 1110. Nonreduction in pay while Federal projects. Sec. 2830. Land exchange, Maxwell Air Force employee is performing active Sec. 2402. Improvements to military family Base, Alabama. service in the uniformed serv- housing units. Sec. 2831. Land exchange, Naval Air Station, ices or National Guard. Sec. 2403. Energy conservation projects. Patuxent River, Maryland. Sec. 2404. Authorization of appropriations, Sec. 2832. Land conveyance, March Air TITLE XII—COOPERATIVE THREAT RE- Defense Agencies. DUCTION WITH STATES OF THE Force Base, California. FORMER SOVIET UNION TITLE XXV—NORTH ATLANTIC TREATY Sec. 2833. Land conveyance, Sunflower Army ORGANIZATION SECURITY INVESTMENT Sec. 1201. Specification of Cooperative Ammunition Plant, Kansas. PROGRAM Sec. 2834. Land conveyance, Naval Weapons Threat Reduction programs and Station, Charleston, South funds. Sec. 2501. Authorized NATO construction Carolina. Sec. 1202. Funding allocations. and land acquisition projects. Sec. 2835. Land conveyance, Louisiana Army Sec. 1203. Modification and waiver of limita- Sec. 2502. Authorization of appropriations, Ammunition Plant, Doyline, tion on use of funds for chem- NATO. Louisiana. ical weapons destruction facili- TITLE XXVI—GUARD AND RESERVE Sec. 2836. Modification of authority for land ties in Russia. FORCES FACILITIES conveyance, equipment and Sec. 1204. Inclusion of descriptive sum- Sec. 2601. Authorized Guard and Reserve storage yard, Charleston, South maries in annual Cooperative construction and land acquisi- Carolina. Threat Reduction reports and tion projects. Subtitle D—Other Matters budget justification materials. TITLE XXVII—EXPIRATION AND TITLE XIII—MEDICAL READINESS EXTENSION OF AUTHORIZATIONS Sec. 2841. Department of Defense Follow-On Laboratory Revitalization TRACKING AND HEALTH SURVEILLANCE Sec. 2701. Expiration of authorizations and Demonstration Program. Sec. 1301. Annual medical readiness plan and amounts required to be speci- Sec. 2842. Jurisdiction and utilization of Joint Medical Readiness Over- fied by law. former public domain lands, sight Committee. Sec. 2702. Extension of authorizations of cer- Umatilla Chemical Depot, Or- Sec. 1302. Medical readiness of Reserves. tain fiscal year 2002 projects. egon. Sec. 1303. Baseline Health Data Collection Sec. 2703. Extension of authorization of cer- Sec. 2843. Development of heritage center Program. tain fiscal year 2001 project. for the National Museum of the Sec. 1304. Medical care and tracking and Sec. 2704. Effective date. United States Army. health surveillance in the the- TITLE XXVIII—GENERAL PROVISIONS Sec. 2844. Authority to settle claim of Oak- ater of operations. Subtitle A—Military Construction Program land Base Reuse Authority and Sec. 1305. Declassification of information on and Military Family Housing Changes Redevelopment Agency of the exposures to environmental City of Oakland, California. hazards. Sec. 2801. Increase in thresholds for unspec- Sec. 2845. Comptroller general report on clo- Sec. 1306. Environmental hazards. ified minor military construc- sure of Department of Defense Sec. 1307. Post-deployment medical care re- tion projects. Dependent Elementary and Sec- sponsibilities of installation Sec. 2802. Modification of approval and no- ondary Schools and com- commanders. tice requirements for facility missary stores. Sec. 1308. Full implementation of Medical repair projects. Readiness Tracking and Health Sec. 2803. Additional reporting requirements TITLE XXIX—MARITIME ADMINISTRATION Surveillance Program and relating to alternative author- Sec. 2901. Modification of priority afforded Force Health Protection and ity for acquisition and improve- applications for national de- Readiness Program. ment of military housing. fense tank vessel construction Sec. 1309. Other matters. Sec. 2804. Modification of authorities under assistance. alternative authority for acqui- Sec. 1310. Use of civilian experts as consult- DIVISION C—DEPARTMENT OF ENERGY ants. sition and improvement of military housing. NATIONAL SECURITY AUTHORIZATIONS DIVISION B—MILITARY CONSTRUCTION AND OTHER AUTHORIZATIONS Subtitle B—Real Property and Facilities AUTHORIZATIONS Administration TITLE XXXI—DEPARTMENT OF ENERGY Sec. 2001. Short title. NATIONAL SECURITY PROGRAMS Sec. 2811. Recodification and consolidation TITLE XXI—ARMY of certain authorities and limi- Subtitle A—National Security Programs Sec. 2101. Authorized Army construction tations relating to real prop- Authorizations and land acquisition projects. erty administration. Sec. 3101. National Nuclear Security Admin- Sec. 2102. Family housing. Sec. 2812. Modification and enhancement of istration. Sec. 2103. Improvements to military family authorities on facilities for re- Sec. 3102. Defense environmental manage- housing units. serve components. ment.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0655 E:\CR\FM\A06JY6.071 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7597 Sec. 3103. Other defense activities. Sec. 3164. Termination of effect of other en- DIVISION A—DEPARTMENT OF DEFENSE Sec. 3104. Defense nuclear waste disposal. hancements of Energy Employ- AUTHORIZATIONS Subtitle B—Program Authorizations, ees Occupational Illness Com- TITLE I—PROCUREMENT Restrictions, and Limitations pensation Program. Subtitle A—Authorization of Appropriations Sec. 3165. Sense of Senate on resource center Sec. 3111. Limitation on availability of SEC. 101. ARMY. for energy employees under En- funds for Modern Pit Facility. Funds are hereby authorized to be appro- ergy Employee Occupational Sec. 3112. Limitation on availability of priated for fiscal year 2005 for procurement Illness Compensation Program funds for Advanced Nuclear for the Army as follows: in Western New York and West- Weapons Concepts Initiative. (1) For aircraft, $2,702,640,000. ern Pennsylvania region. Sec. 3113. Limited authority to carry out (2) For missiles, $1,488,321,000. Sec. 3166. Review by Congress of individuals new projects under Facilities (3) For weapons and tracked combat vehi- designated by President as and Infrastructure Recapital- cles, $1,693,595,000. members of cohort. ization Program after project (4) For ammunition, $1,598,302,000. selection deadline. Sec. 3167. Inclusion of certain former nu- (5) For other procurement, $5,384,296,000. Sec. 3114. Modification of milestone and re- clear weapons program workers SEC. 102. NAVY AND MARINE CORPS. port requirements for National in special exposure cohort (a) NAVY.—Funds are hereby authorized to under the Energy Employees Ignition Facility. be appropriated for fiscal year 2005 for pro- Sec. 3115. Modification of submittal date of Occupational Illness Compensa- curement for the Navy as follows: annual plan for stewardship, tion Program. (1) For aircraft, $8,870,832,000. management, and certification TITLE XXXII—DEFENSE NUCLEAR (2) For weapons, including missiles and of warheads in the nuclear FACILITIES SAFETY BOARD torpedoes, $2,183,829,000. weapons stockpile. (3) For shipbuilding and conversion, Sec. 3116. Defense site acceleration comple- Sec. 3201. Authorization. $10,127,027,000. tion. TITLE XXXIII—NATIONAL DEFENSE (4) For other procurement, $4,904,978,000. Sec. 3117. National Academy of Sciences STOCKPILE (b) MARINE CORPS.—Funds are hereby au- study. Sec. 3301. Disposal of ferromanganese. thorized to be appropriated for fiscal year Sec. 3118. Annual report on expenditures for Sec. 3302. Revisions to required receipt ob- 2005 for procurement for the Marine Corps in safeguards and security. jectives for certain previously the amount of $1,303,203,000. Sec. 3119. Authority to consolidate counter- authorized disposals from the (c) NAVY AND MARINE CORPS AMMUNITION.— intelligence offices of Depart- National Defense Stockpile. Funds are hereby authorized to be appro- ment of Energy and National priated for fiscal year 2005 for procurement Nuclear Security Administra- Sec. 3303. Prohibition on storage of mercury at certain facilities. of ammunition for the Navy and the Marine tion within National Nuclear Corps in the amount of $873,140,000. Security Administration. TITLE XXXIV—LOCAL LAW ENFORCEMENT Sec. 3120. Treatment of waste material. ENHANCEMENT ACT SEC. 103. AIR FORCE. Sec. 3121. Local stakeholder organizations Funds are hereby authorized to be appro- Sec. 3401. Short Title. priated for fiscal year 2005 for procurement for Department of Energy envi- Sec. 3402. Findings. ronmental management 2006 for the Air Force as follows: Sec. 3403. Definition of hate crime. closure sites. (1) For aircraft, $13,033,674,000. Sec. 3122. Report on maintenance of retire- Sec. 3404. Support for criminal investiga- (2) For missiles, $4,635,613,000. ment benefits for certain work- tions and prosecutions by State (3) For ammunition, $1,396,457,000. ers at 2006 closure sites after and local law enforcement offi- (4) For other procurement, $13,298,257,000. closure of sites. cials. SEC. 104. DEFENSE-WIDE ACTIVITIES. Sec. 3123. Report on Efforts of National Nu- Sec. 3405. Grant Program. Funds are hereby authorized to be appro- clear Security Administration Sec. 3406. Authorization for additional per- priated for fiscal year 2005 for Defense-wide to understand plutonium aging. sonnel to assist State and local procurement in the amount of $2,967,402,000. law enforcement. Subtitle C—Proliferation Matters Subtitle B—Army Programs Sec. 3407. Prohibition of certain hate crime Sec. 3131. Modification of authority to use SEC. 111. LIGHT UTILITY HELICOPTER PROGRAM. acts. international nuclear materials (a) LIMITATION.—Of the funds authorized to Sec. 3408. Duties of Federal Sentencing protection and cooperation pro- be appropriated under section 101(1) for the Commission. gram funds outside the former procurement of light utility helicopters, Soviet Union. Sec. 3409. Statistics. $45,000,000 may not be obligated or expended Sec. 3132. Acceleration of removal or secu- Sec. 3410. Severability. until 30 days after the date on which the Sec- rity of fissile materials, radio- TITLE XXXV—ASSISTANCE TO retary of the Army submits to the congres- logical materials, and related FIREFIGHTERS sional defense committees a report that contains— equipment at vulnerable sites Sec. 3501. Short title. worldwide. (1) the Secretary’s certification that all re- Sec. 3502. Authority of Secretary of Home- quired documentation for the acquisition of Subtitle D—Other Matters land Security for Firefighter light utility helicopters has been completed Sec. 3141. Indemnification of Department of Assistance Program. and approved; and Energy contractors. Sec. 3503. Grants to volunteer emergency (2) the Army aviation modernization plan Sec. 3142. Two-year extension of authority medical service organizations. required by subsection (b). for appointment of certain sci- Sec. 3504. Grants for automated external (b) ARMY AVIATION MODERNIZATION PLAN.— entific, engineering, and tech- defibrillator devices. (1) Not later than March 1, 2005, the Sec- nical personnel. Sec. 3505. Criteria for reviewing grant appli- retary of the Army shall submit to the con- Sec. 3143. Enhancement of Energy Employ- cations. gressional defense committees an updated ees Occupational Illness Com- Sec. 3506. Financial assistance for fire- modernization plan for Army aviation. pensation Program authorities. fighter safety programs. (2) The updated Army aviation moderniza- Sec. 3144. Support for public education in Sec. 3507. Assistance for applications. tion plan shall contain, at a minimum, the the vicinity of Los Alamos Na- Sec. 3508. Reduced requirements for match- following matters: tional Laboratory, New Mexico. (A) The analysis on which the plan is Sec. 3145. Review of Waste Isolation Pilot ing funds. Sec. 3509. Grant recipient limitations. based. Plant, New Mexico, pursuant to (B) A discussion of the Secretary’s decision Sec. 3510. Other considerations. competitive contract. to terminate the Comanche helicopter pro- Sec. 3511. Reports to congress. Sec. 3146. Compensation of Pajarito Plateau, gram and to restructure the aviation force of New Mexico, homesteaders for Sec. 3512. Technical corrections. the Army. acquisition of lands for Man- Sec. 3513. Authorization of appropriations. (C) The actions taken or to be taken to ac- hattan Project in World War II. SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES celerate the procurement and development Subtitle E—Energy Employees Occupational DEFINED. of aircraft survivability equipment for Army Illness Compensation Program For purposes of this Act, the term ‘‘con- aircraft, together with a detailed list of air- Sec. 3161. Coverage of individuals employed gressional defense committees’’ means— craft survivability equipment that specifies at atomic weapons employer fa- (1) the Committee on Armed Services and such equipment by platform and by the re- cilities during periods of resid- the Committee on Appropriations of the Sen- lated programmatic funding for procure- ual contamination. ate; and ment. Sec. 3162. Update of report on residual con- (2) the Committee on Armed Services and (D) A discussion of the conversion of tamination of facilities. the Committee on Appropriations of the Apache helicopters to block III configura- Sec. 3163. Workers compensation. House of Representatives. tion, including the rationale for converting

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.071 S06PT1 S7598 CONGRESSIONAL RECORD — SENATE July 6, 2004 only 501 Apache helicopters to that configu- amphibious assault ship of the LHA(R) class, (E) Each account to which the amounts are ration and the costs associated with a con- subject to the availability of appropriations to be transferred. version of all Apache helicopters to the for that purpose. (F) A discussion of the implications of the block III configuration. (b) AUTHORIZED AMOUNT.—Of the amount transfer for the total cost of the submarine (E) A discussion of the procurement of authorized to be appropriated under section engineered refueling overhaul and conver- light armed reconnaissance helicopters, in- 102(a)(3) for fiscal year 2005, $150,000,000 shall sion program for which the transfer is to be cluding the rationale for the requirement for be available for the advance procurement made. light armed reconnaissance helicopters and a and advance construction of components for (e) MERGER OF FUNDS.—A transfer made discussion of the costs associated with up- the first amphibious assault ship of the from one account to another with respect to grading the light armed reconnaissance heli- LHA(R) class. The Secretary of the Navy the engineered refueling overhaul and con- copter to meet Army requirements. may enter into a contract or contracts with version of a submarine under the authority (F) The rationale for the Army’s require- the shipbuilder and other entities for the ad- of this section shall be deemed to increase ment for light utility helicopters, together vance procurement and advance construction the amount authorized for the account to with a summary and copy of the analysis of of those components. which the amount is transferred by an the alternative means for meeting such re- SEC. 122. MULTIYEAR PROCUREMENT AUTHOR- amount equal to the amount transferred and quirement that the Secretary considered in ITY FOR THE LIGHT WEIGHT 155-MIL- shall be available for the engineered refuel- the determination to procure light utility LIMETER HOWITZER PROGRAM. ing overhaul and conversion of such sub- helicopters, including, at a minimum, the (a) AUTHORITY.—Beginning with the fiscal marine for the same period as the account to analysis of the alternative of using light year 2005 program year, the Secretary of the which transferred. armed reconnaissance helicopters and UH–60 Navy may, in accordance with section 2306b (f) RELATIONSHIP TO OTHER TRANSFER AU- Black Hawk helicopters instead of light util- of title 10, United States Code, enter into a THORITY.—The authority to make transfers ity helicopters to meet such requirement. multiyear contract for the procurement of under this section is in addition to any other (G) The rationale for the procurement of the light weight 155-millimeter howitzer. transfer authority provided in this or any cargo fixed-wing aircraft. (b) LIMITATION.—The Secretary may not other Act and is not subject to any restric- (H) The rationale for the initiation of a enter into a multiyear contract for the pro- tion, limitation, or procedure that is appli- joint multi-role helicopter program. curement of light weight 155 millimeter how- cable to the exercise of any such other au- (I) A description of the operational em- itzers under subsection (a) until the Sec- thority. ployment of the Army’s restructured avia- retary determines on the basis of operational (g) FINAL REPORT.—Not later than October tion force. testing that the light weight 155-millimeter 1, 2011, the Secretary of the Navy shall sub- SEC. 112. UP-ARMORED HIGH MOBILITY MULTI- howitzer is effective for fleet use. mit to the congressional defense committees PURPOSE WHEELED VEHICLES OR SEC. 123. PILOT PROGRAM FOR FLEXIBLE FUND- a report containing the Secretary’s evalua- WHEELED VEHICLE BALLISTIC ADD- ING OF SUBMARINE ENGINEERED tion of the efficacy of the authority provided ON ARMOR PROTECTION. REFUELING OVERHAUL AND CON- under this section. (a) AMOUNT.—Of the amount authorized to VERSION. (h) TERMINATION OF PROGRAM.—No transfer be appropriated for the Army for fiscal year (a) ESTABLISHMENT.—The Secretary of the may be made under this section after Sep- 2005 for other procurement under section Navy may carry out a pilot program of flexi- tember 30, 2012. ble funding of engineered refueling overhauls 101(5), $610,000,000 shall be available for both Subtitle D—Air Force Programs of the purposes described in subsection (b) and conversions of submarines in accordance and may be used for either or both of such with this section. SEC. 131. PROHIBITION OF RETIREMENT OF KC–135E AIRCRAFT. purposes. (b) AUTHORITY.—Under the pilot program, (b) PURPOSES.—The purposes referred to in the Secretary of the Navy may, subject to The Secretary of the Air Force may not re- subsection (a) are as follows: subsection (d), transfer amounts described in tire any KC–135E aircraft of the Air Force in (1) The procurement of up-armored high subsection (c) to the authorization of appro- fiscal year 2005. mobility multi-purpose wheeled vehicles at a priations for the Navy for procurement for SEC. 132. PROHIBITION OF RETIREMENT OF rate up to 450 such vehicles each month. shipbuilding and conversion for any fiscal F–117 AIRCRAFT. (2) The procurement of wheeled vehicle year to continue to provide authorization of No F–117 aircraft in use by the Air Force ballistic add-on armor protection. appropriations for any engineered refueling during fiscal year 2004 may be retired during (c) ALLOCATION BY SECRETARY OF THE conversion or overhaul of a submarine of the fiscal year 2005. ARMY.—(1) The Secretary of the Army shall Navy for which funds were initially provided SEC. 133. SENIOR SCOUT MISSION BED-DOWN INI- allocate the amount available under sub- on the basis of the authorization of appro- TIATIVE. section (a) between the two purposes set priations to which transferred. (a) AMOUNT FOR PROGRAM.—The amount forth in subsection (b) as the Secretary de- (c) AMOUNTS AVAILABLE FOR TRANSFER.— authorized to be appropriated by section termines appropriate to meet the require- The amounts available for transfer under 103(1) is hereby increased by $2,000,000, with ments of the Army. this section are amounts authorized to be ap- the amount of the increase to be available (2) Not later than 15 days before making an propriated to the Navy for any fiscal year for a bed-down initiative to enable the C–130 allocation under paragraph (1), the Secretary after fiscal year 2004 and before fiscal year aircraft of the Idaho Air National Guard to shall transmit a notification of the proposed 2013 for the following purposes: be the permanent carrier of the SENIOR allocation to the congressional defense com- (1) For procurement as follows: SCOUT mission shelters of the 169th Intel- mittees. (A) For shipbuilding and conversion. ligence Squadron of the Utah Air National (d) PROHIBITION ON USE FOR OTHER PUR- (B) For weapons procurement. Guard. POSES.—The amount available under sub- (C) For other procurement. (b) OFFSET.—The amount authorized to be section (a) may not be used for any purpose appropriated by section 421 is hereby reduced other than a purpose specified in subsection (2) For operation and maintenance. IMITATIONS.—(1) A transfer may be by $2,000,000, with the amount of the reduc- (b). (d) L made with respect to a submarine under this tion to be derived from excess amounts pro- SEC. 113. COMMAND-AND-CONTROL VEHICLES OR vided for military personnel of the Air Force. FIELD ARTILLERY AMMUNITION section only to meet either (or both) of the SUPPORT VEHICLES. following requirements: Subtitle E—Other Matters (a) INCREASED AMOUNT FOR PROCUREMENT (A) An increase in the size of the workload SEC. 141. REPORT ON OPTIONS FOR ACQUISITION OF WEAPONS AND TRACKED COMBAT VEHI- for engineered refueling overhaul and con- OF PRECISION-GUIDED MUNITIONS. CLES.—The amount authorized to be appro- version to meet existing requirements for (a) REQUIREMENT FOR REPORT.—Not later priated under section 101(3) is hereby in- the submarine. than March 1, 2005, the Secretary of Defense creased by $5,000,000. (B) A new engineered refueling overhaul shall submit a report on options for the ac- (b) AMOUNT FOR COMMAND-AND-CONTROL and conversion requirement resulting from a quisition of precision-guided munitions to VEHICLES OR FIELD ARTILLERY AMMUNITION revision of the original baseline engineered the congressional defense committees. SUPPORT VEHICLES.—Of the amount author- refueling overhaul and conversion program (b) CONTENT OF REPORT.—The report shall ized to be appropriated under section 101(3), for the submarine. include the following matters: $5,000,000 may be used for the procurement of (2) A transfer may not be made under this (1) A list of the precision-guided munitions command-and-control vehicles or field artil- section before the date that is 30 days after in the inventory of the Department of De- lery ammunition support vehicles. the date on which the Secretary of the Navy fense. (c) OFFSET.—The amount authorized to be transmits to the congressional defense com- (2) For each such munition— appropriated by section 421 is hereby reduced mittees a written notification of the in- (A) the inventory level as of the most re- by $5,000,000, with the amount of the reduc- tended transfer. The notification shall in- cent date that it is feasible to specify when tion to be derived from excess amounts pro- clude the following matters: the report is prepared; vided for military personnel of the Air Force. (A) The purpose of the transfer. (B) the inventory objective that is nec- Subtitle C—Navy Programs (B) The amounts to be transferred. essary to execute the current National Mili- SEC. 121. LHA(R) AMPHIBIOUS ASSAULT SHIP (C) Each account from which the funds are tary Strategy prescribed by the Chairman of PROGRAM. to be transferred. the Joint Chiefs of Staff; (a) AUTHORIZATION OF SHIP.—The Secretary (D) Each program, project, or activity from (C) the year in which that inventory objec- of the Navy is authorized to procure the first which the amounts are to be transferred. tive would be expected to be achieved—

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.071 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7599 (i) if the munition were procured at the 201(4) and available for the purpose of re- and budget for all joint experimentation of minimum sustained production rate; search, development, test, and evaluation on the Armed Forces as a separate, dedicated (ii) if the munition were procured at the the Global Positioning System III satellite program element under research, develop- most economic production rate; and may be obligated or expended for that pur- ment, test, and evaluation, Defense-wide ac- (iii) if the munition were procured at the pose until the Secretary of Defense— tivities. maximum production rate; and (1) completes an analysis of alternatives (b) APPLICABILITY TO FISCAL YEARS AFTER (D) the procurement cost (in constant fis- for the satellite and ground architectures, FISCAL YEAR 2005.—This section shall apply cal year 2004 dollars) at each of the produc- satellite technologies, and tactics, tech- with respect to fiscal years beginning after tion rates specified in subparagraph (C). niques, and procedures for the next genera- 2005. SEC. 142. REPORT ON MATURITY AND EFFECTIVE- tion global positioning system (GPS); and SEC. 217. INFRASTRUCTURE SYSTEM SECURITY NESS OF THE GLOBAL INFORMA- (2) submits to the congressional defense ENGINEERING DEVELOPMENT FOR TION GRID BANDWIDTH EXPANSION committees a report on the results of the THE NAVY. (GIG–BE) NETWORK. analysis, including an assessment of the re- (a) INCREASE IN AMOUNT FOR RESEARCH, DE- (a) REPORT REQUIRED.—Not later that 180 sults of the analysis. VELOPMENT, TEST AND EVALUATION, NAVY.— days after the date of the enactment of this SEC. 213. INITIATION OF CONCEPT DEMONSTRA- The amount authorized to be appropriated Act, the Secretary of Defense shall submit to TION OF GLOBAL HAWK HIGH ALTI- by section 201(2) for research, development, the Committee on Armed Services of the TUDE ENDURANCE UNMANNED AER- test and evaluation, Navy, is hereby in- Senate and the Committee on Armed Serv- IAL VEHICLE. creased by $3,000,000. ices of the House of Representatives a report Section 221(c) of the Floyd D. Spence Na- (b) AVAILABILITY OF AMOUNT FOR INFRA- on a test program to demonstrate the matu- tional Defense Authorization Act for Fiscal STRUCTURE SYSTEM SECURITY ENGINEERING rity and effectiveness of the Global Informa- Year 2001 (as enacted into law by Public Law DEVELOPMENT.—Of the amount authorized to tion Grid-Bandwidth Expansion (GIG–BE) 106–398; 114 Stat. 1654A–40) is amended by be appropriated by section 201(2) for re- network architecture. striking ‘‘March 1, 2001’’ and inserting search, development, test, and evaluation, (b) CONTENTS OF REPORT.—The report ‘‘March 1, 2005’’. Navy, as increased by subsection (a), under subsection (a) shall— SEC. 214. JOINT UNMANNED COMBAT AIR SYS- $3,000,000 may be available for infrastructure (1) determine whether the results of the TEMS PROGRAM. system security engineering development. test program described in subsection (a) (a) EXECUTIVE COMMITTEE.—(1) The Sec- (c) OFFSET.—(1) The amount authorized to demonstrate compliance of the GIG–BE ar- retary of Defense shall, subject to subsection be appropriated by section 101(5) for other chitecture with the overall goals of the GIG– (b), establish and require an executive com- procurement, Army, is hereby reduced by BE program; mittee to provide guidance and recommenda- $1,000,000, with the amount of the reduction (2) identify— tions for the management of the Joint Un- to be allocated to Buffalo Landmine Vehi- (A) the extent to which the GIG–BE archi- manned Combat Air Systems program to the cles. tecture does not meet the overall goals of Director of the Defense Advanced Research (2) The amount authorized to be appro- the program; and Projects Agency and the personnel who are priated by section 102(b) for procurement for (B) the components that are not yet suffi- managing the program for such agency. the Marine Corps is hereby reduced by ciently developed to achieve the overall (2) The executive committee established $500,000, with the amount of the reduction to goals of the program; under paragraph (1) shall be composed of the be allocated to Combat Casualty Care. (3) include a plan and cost estimates for following members: (3) The amount authorized to be appro- achieving compliance; and (A) The Under Secretary of Defense for Ac- priated by section 201(1) for research, devel- (4) document the equipment and network quisition, Technology, and Logistics, who opment, test, and evaluation, Army, is here- configuration used to demonstrate real- shall chair the executive committee. by reduced by $1,000,000, with the amount of world scenarios within the continental (B) The Assistant Secretary of the Navy the reduction to the allocated to Active United States. for Research, Development, and Acquisition. Coating Technology. TITLE II—RESEARCH, DEVELOPMENT, (C) The Assistant Secretary of the Air (4) The amount authorized to be appro- TEST AND EVALUATION Force for Acquisition. priated by section 201(4) for research, devel- (D) The Deputy Chief of Naval Operations opment, test, and evaluation, Defense-wide Subtitle A—Authorization of Appropriations for Warfare Requirements and Programs. activities, is hereby reduced by $500,000, with SEC. 201. AUTHORIZATION OF APPROPRIATIONS. (E) The Deputy Chief of Staff of the Air the amount of the reduction to be allocated Funds are hereby authorized to be appro- Force for Air and Space Operations. to Radiation Hardened Complementary priated for fiscal year 2005 for the use of the (F) Any additional personnel of the Depart- Metal Oxide Semi-Conductors. Department of Defense for research, development of Defense whom the Secretary deter- SEC. 218. NEUROTOXIN MITIGATION RESEARCH. ment, test, and evaluation as follows: mines appropriate for membership on the ex- (a) INCREASE IN AMOUNT FOR RESEARCH, DE- (1) For the Army, $9,686,958,000. ecutive committee. VELOPMENT, TEST, AND EVALUATION, DE- (2) For the Navy, $16,679,391,000. (b) APPLICABILITY ONLY TO DARPA-MAN- FENSE-WIDE.—The amount authorized to be (3) For the Air Force, $21,264,267,000. AGED PROGRAM.—The requirements of sub- appropriated by section 201(4) for research, (4) For Defense-wide activities, section (a) apply with respect to the Joint development, test, and evaluation, Defense- $20,635,937,000, of which $309,135,000 is author- Unmanned Combat Air Systems program wide activities, is hereby increased by ized for the Director of Operational Test and only while the program is managed by the $2,000,000. Evaluation. Defense Advanced Research Projects Agency. (b) AVAILABILITY FOR NEUROTOXIN MITIGA- SEC. 202. AMOUNT FOR SCIENCE AND TECH- SEC. 215. JOINT STRIKE FIGHTER AIRCRAFT PRO- TION RESEARCH.—Of the amount authorized NOLOGY. GRAM. to be appropriated by section 201(4) for re- (a) AMOUNT FOR PROJECTS.—Of the total (a) REQUIREMENT FOR STUDY.—The Sec- search, development, test, and evaluation, amount authorized to be appropriated by retary of Defense shall require the Defense Defense-wide activities, as increased by subsection 201, $10,998,850,000 shall be available Science Board to conduct a study on the section (a), $2,000,000 may be available in for science and technology projects. Joint Strike Fighter aircraft program. Program Element PE 62384BP for neurotoxin (b) SCIENCE AND TECHNOLOGY DEFINED.—In (b) MATTERS TO BE STUDIED.—The study mitigation research. this section, the term ‘‘science and tech- shall include, for each of the three variants (c) OFFSET.—The amount authorized to be nology project’’ means work funded in proof the Joint Strike Fighter aircraft, the fol- appropriated by section 301(1) for operation gram elements for defense research, develop- lowing matters: and maintenance for the Army is hereby re- ment, test, and evaluation under Depart- (1) The current status. duced by $2,000,000, with the amount of the ment of Defense budget activities 1, 2, or 3. (2) The extent of the effects of excess air- reduction to be allocated to Satellite Com- Subtitle B—Program Requirements, craft weight on estimated performance. munications Language training activity Restrictions, and Limitations (3) The validity of the technical ap- (SCOLA) at the Army Defense Language In- SEC. 211. DD(X)-CLASS DESTROYER PROGRAM. proaches being considered to achieve the re- stitute. (a) AUTHORIZATION OF SHIP.—For the sec- quired performance. SEC. 219. SPIRAL DEVELOPMENT OF JOINT ond destroyer in the DD(X)-class destroyer (4) The risks of those technical approaches. THREAT WARNING SYSTEM MARI- program, the Secretary of the Navy is au- (5) A list of any alternative technical ap- TIME VARIANTS. thorized to use funds authorized to be appro- proaches that have the potential to achieve (a) AMOUNT FOR PROGRAM.—The amount priated to the Navy under section 201(2). the required performance. authorized to be appropriated by section (b) AMOUNT FOR DETAIL DESIGN.—Of the (c) REPORT.—The Secretary shall submit a 201(4) is hereby increased by $2,000,000, with amount authorized to be appropriated under report on the results of the study to the con- the amount of the increase to be available in section 201(2) for fiscal year 2005, $99,400,000 gressional defense committees at the same the program element PE 1160405BB for joint shall be available for the detail design of the time that the President submits the budget threat warning system maritime variants. second destroyer of the DD(X)-class. for fiscal year 2006 to Congress under section (b) OFFSET.—The amount authorized to be SEC. 212. GLOBAL POSITIONING SYSTEM III SAT- 1105(a) of title 31, United States Code. appropriated by section 421 is hereby reduced ELLITE. SEC. 216. JOINT EXPERIMENTATION. by $2,000,000, with the amount of the reduc- Not more than 80 percent of the amount (a) DEFENSE-WIDE PROGRAM ELEMENT.—The tion to be derived from excess amounts pro- authorized to be appropriated by section Secretary of Defense shall plan, program, vided for military personnel of the Air Force.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.071 S06PT1 S7600 CONGRESSIONAL RECORD — SENATE July 6, 2004 SEC. 220. ADVANCED FERRITE ANTENNA. (A) the Patriot Advanced Capabilities-3 partment of Defense, after completion of the (a) AMOUNT FOR DEVELOPMENT AND TEST- missile system; or spiral development, from the applicability of ING.—Of the amount authorized to be appro- (B) PAC–3 configuration-3 radars, launch- any provision of chapter 144 of title 10, priated under section 201(2), $3,000,000 may be ers, or fire control units; or United States Code, or section 139, 181, 2366, available for development and testing of the (3) changes the baseline development 2399, or 2400 of such title in accordance with Advanced Ferrite Antenna. schedule that is in effect for the program as the terms and conditions of such provision. (b) OFFSET.—The amount authorized to be of the date of the enactment of this Act. (d) EVALUATION.—(1) The Director of Oper- appropriated by section 421 is hereby reduced (b) DEFINITIONS.—In this section: ational Test and Evaluation shall evaluate by $3,000,000, with the amount of the reduc- (1) The term ‘‘system level technical speci- the results of each test conducted under sub- tion to be derived from excess amounts pro- fications’’, with respect to a system to which section (a) as soon as practicable after the vided for military personnel of the Air Force. this section applies, means technical speci- completion of such test. SEC. 221. PROTOTYPE LITTORAL ARRAY SYSTEM fications expressed in terms of technical per- (2) The Director shall submit to the Sec- FOR OPERATING SUBMARINES. formance, including test specifications, that retary of Defense and the congressional de- (a) INCREASE IN AMOUNT FOR RESEARCH, DE- affect the ability of the system to contribute fense committees a report on the evaluation VELOPMENT, TEST, AND EVALUATION, NAVY.— to the capability of the ballistic missile de- of each test conducted under subsection (a) The amount authorized to be appropriated fense system of the United States, as deter- upon completion of the evaluation of such by section 201(2) for research, development, mined by the Director of the Missile Defense test under paragraph (1). test, and evaluation for the Navy is hereby Agency. (e) COST, SCHEDULE, AND PERFORMANCE increased by $5,000,000. (2) The term ‘‘significant change’’, with re- BASELINES.—(1) The Director of the Missile (b) AVAILABILITY OF AMOUNT.—Of the spect to a planned procurement quantity, Defense Agency shall establish cost, sched- amount authorized to be appropriated by means any change of such quantity that ule, and performance baselines for each section 201(2) for research, development, test, would result in a significant change in the block configuration of the Ballistic Missile and evaluation for the Navy, as increased by contribution that, as of the date of the en- Defense System being fielded. The cost base- subsection (a), $5,000,000 may be available for actment of this Act, is planned for the Pa- line for a block configuration shall include Program Element PE 0604503N for the de- triot Advanced Capability-3 system to make full life cycle costs for the block configura- sign, development, and testing of a prototype to the ballistic missile defense system of the tion. littoral array system for operating sub- United States. (2) The Director shall include the baselines marines. (3) The term ‘‘baseline development sched- established under paragraph (1) in the first (c) OFFSET.—The amount authorized to be ule’’ means the schedule on which tech- Selected Acquisition Report for the Ballistic appropriated by section 421 is hereby reduced nology upgrades for the combined acquisi- Missile Defense System that is submitted to by $5,000,000, with the amount of the reduction program referred to in subsection (a) are Congress under section 2432 of title 10, tion to be derived from excess amounts pro- planned for development. United States Code, after the establishment vided for military personnel of the Air Force. (4) The terms ‘‘Patriot Advanced Capa- of such baselines. SEC. 222. ADVANCED MANUFACTURING TECH- bility-3’’ and ‘‘PAC–3 configuration-3’’— (3) The Director shall also include in the NOLOGIES AND RADIATION CAS- (A) mean the air and missile defense sys- Selected Acquisition Report submitted to UALTY RESEARCH. tem that, as of June 1, 2004, is referred to by Congress under paragraph (2) the significant (a) ADDITIONAL AMOUNT FOR ADVANCED either such name in the management of the assumptions used in determining the per- MANUFACTURING STRATEGIES.—Of the amount combined acquisition program referred to in formance baseline under paragraph (1), in- authorized to be appropriated by section subsection (a); and cluding any assumptions regarding threat 201(4) for research, development, test, and (B) include such system as it is improved missile countermeasures and decoys. evaluation, Defense-wide activities, the with new air and missile defense tech- (f) VARIATIONS AGAINST BASELINES.—In the amount available for Advanced Manufac- nologies. event the cost, schedule, or performance of turing Technologies (PE 0708011S) is hereby SEC. 233. COMPTROLLER GENERAL ASSESS- any block configuration of the Ballistic Mis- increased by $2,000,000. MENTS OF BALLISTIC MISSILE DE- sile Defense System varies significantly (as (b) AMOUNT FOR RADIATION CASUALTY RE- FENSE PROGRAMS. determined by the Director of the Ballistic SEARCH.—Of the amount authorized to be ap- (a) ANNUAL ASSESSMENTS.—At the conclu- Missile Defense Agency) from the applicable propriated by section 201(4) for research, de- sion of each of 2004 through 2009, the Comp- baseline established under subsection (d), the velopment, test, and evaluation, Defense- troller General of the United States shall Director shall include such variation, and wide activities, $3,000,000 may be available conduct an assessment of the extent to the reasons for such variation, in the Se- for Radiation Casualty Research which each ballistic missile defense program lected Acquisition Report submitted to Con- (PE 0603002D8Z). met the cost, scheduling, testing, and per- gress under section 2432 of title 10, United (c) OFFSET.—The amount authorized to be formance goals for such program for such States Code. appropriated by section 421 is hereby reduced year as established pursuant to section 232(c) (g) MODIFICATIONS OF BASELINES.—In the by $5,000,000, with the amount of the reduc- of the National Defense Authorization Act event the Director of the Missile Defense tion to be derived from excess amounts pro- for Fiscal Year 2002 (10 U.S.C. 2431 note). Agency elects to undertake any modification vided for military personnel of the Air Force. (b) REPORTS ON ANNUAL ASSESSMENTS.— of a baseline established under subsection Not later than February 15 of each of 2005 Subtitle C—Ballistic Missile Defense (d), the Director shall submit to the congres- through 2010, the Comptroller General shall sional defense committees a report setting SEC. 231. FIELDING OF BALLISTIC MISSILE DE- submit to the congressional defense commit- forth the reasons for such modification. FENSE CAPABILITIES. tees a report on the assessment conducted by Subtitle D—Other Matters Funds authorized to be appropriated under the Comptroller General under subsection (a) section 201(4) for the Missile Defense Agency for the previous year. SEC. 241. ANNUAL REPORT ON SUBMARINE TECH- may be used for the development and field- NOLOGY INSERTION. SEC. 234. BASELINES AND OPERATIONAL TEST ing of an initial set of ballistic missile de- AND EVALUATION FOR BALLISTIC (a) REPORT REQUIRED.—(1) For each of fis- fense capabilities. MISSILE DEFENSE SYSTEM. cal years 2006, 2007, 2008, and 2009, the Sec- SEC. 232. PATRIOT ADVANCE CAPABILITY-3 AND (a) TESTING CRITERIA.—Not later than Feb- retary of Defense shall submit to the con- MEDIUM EXTENDED AIR DEFENSE ruary 1, 2005, the Secretary of Defense, in gressional defense committees a report on SYSTEM. consultation with the Director of Oper- the submarine technologies that are avail- (a) OVERSIGHT.—In the management of the ational Test and Evaluation, shall prescribe able or potentially available for insertion in combined program for the acquisition of the appropriate criteria for operationally real- submarines of the Navy to reduce the pro- Patriot Advanced Capability-3 missile sys- istic testing of fieldable prototypes devel- duction and operating costs of the sub- tem and the Medium Extended Air Defense oped under the ballistic missile defense spi- marines while maintaining or improving the System, the Secretary of Defense shall re- ral development program. The Secretary effectiveness of the submarines. quire the Secretary of the Army to obtain shall submit a copy of the prescribed criteria (2) The annual report for a fiscal year the approval of the Director of the Missile to the congressional defense committees. under paragraph (1) shall be submitted at the Defense Agency before the Secretary of the (b) USE OF CRITERIA.—(1) The Secretary of same time that the President submits to Army— Defense shall ensure that, not later than Oc- Congress the budget for that fiscal year (1) either— tober 1, 2005, a test of the ballistic missile under section 1105(a) of title 31, United (A) changes any system level technical defense system is conducted consistent with States Code. specifications that are in effect under the the criteria prescribed under subsection (a). (b) CONTENT.—The report on submarine program as of the date of the enactment of (2) The Secretary of Defense shall ensure technologies under subsection (a) shall in- this Act; or that each block configuration of the ballistic clude, for each class of submarines of the (B) establishes any new system level tech- missile defense system is tested consistent Navy, the following matters: nical specifications after such date; with the criteria prescribed under subsection (1) A list of the technologies that have (2) makes any significant change in a pro- (a). been demonstrated, together with— curement quantity (including any quantity (c) RELATIONSHIP TO OTHER LAW.—Nothing (A) a plan for the insertion of any such in any future block procurement) that, as of in this section shall be construed to exempt technologies that have been determined ap- such date, is planned for— any spiral development program of the De- propriate for such submarines; and

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.071 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7601 (B) the estimated cost of such technology (16) For Environmental Restoration, De- Subtitle B—Program Requirements, insertions. fense-wide, $23,684,000. Restrictions, and Limitations (2) A list of the technologies that have not (17) For Environmental Restoration, For- SEC. 311. COMMANDER’S EMERGENCY RESPONSE been demonstrated, together with a plan for merly Used Defense Sites, $256,516,000. PROGRAM. the demonstration of any such technologies (18) For Overseas Humanitarian, Disaster, (a) FUNDING.—Of the amounts authorized that have the potential for being appropriate and Civic Aid programs, $59,000,000. to be appropriated for fiscal year 2005 by sec- for such submarines. (19) For Cooperative Threat Reduction pro- tion 301(5) for operation and maintenance for SEC. 242. SENSE OF THE SENATE REGARDING grams, $409,200,000. Defense-wide activities, not more than FUNDING OF THE ADVANCED SHIP- SEC. 302. WORKING CAPITAL FUNDS. $300,000,000 may be made available in fiscal BUILDING ENTERPRISE UNDER THE Funds are hereby authorized to be appro- year 2005 for the following: NATIONAL SHIPBUILDING RE- priated for fiscal year 2005 for the use of the SEARCH PROGRAM OF THE NAVY. (1) The Commander’s Emergency Response Armed Forces and other activities and agen- (a) FINDINGS.—Congress makes the fol- Program, which was established by the Ad- lowing findings: cies of the Department of Defense for pro- ministrator of the Coalition Provisional Au- (1) The budget for fiscal year 2005, as sub- viding capital for working capital and re- thority for the purpose of enabling United mitted to Congress by the President, pro- volving funds in amounts as follows: States military commanders in Iraq to re- vides $10,300,000 for the Advanced Ship- (1) For the Defense Working Capital Funds, spond to urgent humanitarian relief and rebuilding Enterprise under the National Ship- $1,625,686,000. construction needs within their areas of rebuilding Research Program of the Navy. (2) For the National Defense Sealift Fund, sponsibility by carrying out programs to (2) The Advanced Shipbuilding Enterprise $1,269,252,000. provide immediate assistance to the people is an innovative program to encourage great- SEC. 303. OTHER DEPARTMENT OF DEFENSE of Iraq. er efficiency in the national technology and PROGRAMS. (2) A similar program to enable United industrial base. (a) DEFENSE HEALTH PROGRAM.—Funds are States military commanders in Afghanistan (3) The leaders of the United States ship- hereby authorized to be appropriated for the to respond in such manner to similar needs building industry have embraced the Ad- Department of Defense for fiscal year 2005 for in Afghanistan. vanced Shipbuilding Enterprise as a method expenses, not otherwise provided for, for the (b) QUARTERLY REPORTS REQUIRED.—The for exploring and collaborating on innova- Defense Health Program, $17,992,211,000, of Secretary of Defense shall submit to the con- tion in shipbuilding and ship repair that col- which— gressional defense committees on a quar- lectively benefits all components of the in- (1) $17,555,169,000 is for Operation and Main- terly basis reports on the use of amounts dustry. tenance; made available under subsection (a). (b) SENSE OF THE SENATE.—It is the sense (2) $72,407,000 is for Research, Development, SEC. 312. LIMITATION ON TRANSFERS OUT OF of the Senate— Test and Evaluation; and WORKING CAPITAL FUNDS. (1) that the Senate— (3) $364,635,000 is for Procurement. Section 2208 of title 10, United States Code, (A) strongly supports the innovative Ad- (b) CHEMICAL AGENTS AND MUNITIONS DE- is amended by adding at the end the fol- vanced Shipbuilding Enterprise under the STRUCTION, DEFENSE.—(1) Funds are hereby lowing new subsection: National Shipbuilding Research Program as authorized to be appropriated for the Depart- ‘‘(r) LIMITATION ON TRANSFERS.—(1) Not- an enterprise between the Navy and industry ment of Defense for fiscal year 2005 for ex- withstanding any authority for transfer of that has yielded new processes and tech- penses, not otherwise provided for, for Chem- funds provided in this section, no transfer niques that reduce the cost of building and ical Agents and Munitions Destruction, De- may be made out of a working capital fund repairing ships in the United States; and fense, $1,518,990,000, of which— or between or among working capital funds (B) is concerned that the future-years de- (A) $1,138,801,000 is for Operation and Main- under such authority unless the Secretary of fense program of the Department of Defense tenance; Defense has submitted a notification of the that was submitted to Congress for fiscal (B) $301,209,000 is for Research, Develop- proposed transfer to the congressional de- year 2005 does not reflect any funding for the ment, Test and Evaluation; and fense committees in accordance with cus- Advanced Shipbuilding Enterprise after fis- (C) $78,980,000 is for Procurement. tomary procedures. cal year 2005; and (2) Amounts authorized to be appropriated ‘‘(2) The amount of a transfer covered by a (2) that the Secretary of Defense should under paragraph (1) are authorized for— notification under paragraph (1) that is pro- continue to provide in the future-years de- (A) the destruction of lethal chemical posed to be made in a fiscal year does not fense program for funding the Advanced agents and munitions in accordance with count for the purpose of any limitation on Shipbuilding Enterprise at a sustaining level section 1412 of the Department of Defense the total amount of transfers that may be in order to support additional research to Authorization Act, 1986 (50 U.S.C. 1521); and made for that fiscal year under authority further reduce the cost of designing, build- (B) the destruction of chemical warfare provided to the Secretary of Defense in a law ing, and repairing ships. materiel of the United States that is not authorizing appropriations for a fiscal year covered by section 1412 of such Act. TITLE III—OPERATION AND for military activities of the Department of (c) DRUG INTERDICTION AND COUNTER-DRUG MAINTENANCE Defense or a law making appropriations for ACTIVITIES, DEFENSE-WIDE.—Funds are here- the Department of Defense.’’. Subtitle A—Authorization of Appropriations by authorized to be appropriated for the De- SEC. 301. OPERATION AND MAINTENANCE FUND- partment of Defense for fiscal year 2005 for SEC. 313. FAMILY READINESS PROGRAM OF THE NATIONAL GUARD. ING. expenses, not otherwise provided for, for (a) AMOUNT FOR PROGRAM.—The amount Funds are hereby authorized to be appro- Drug Interdiction and Counter-Drug Activi- authorized to be appropriated by section priated for fiscal year 2005 for the use of the ties, Defense-Wide, $852,697,000. 301(1) for operation and maintenance for the Armed Forces and other activities and agen- (d) DEFENSE INSPECTOR GENERAL.—Funds cies of the Department of Defense for ex- are hereby authorized to be appropriated for Army is hereby increased by $10,000,000 for penses, not otherwise provided for, for oper- the Department of Defense for fiscal year the Family Readiness Program of the Na- ation and maintenance, in amounts as fol- 2005 for expenses, not otherwise provided for, tional Guard. FFSET.—The amount authorized to be lows: for the Office of the Inspector General of the (b) O appropriated by section 421 is hereby reduced (1) For the Army, $26,305,611,000. Department of Defense, $164,562,000, of by $10,000,000, with the amount of the reduc- (2) For the Navy, $29,702,790,000. which— tion to be derived from excess amounts pro- (3) For the Marine Corps, $3,682,727,000. (1) $162,362,000 is for Operation and Mainte- vided for military personnel of the Air Force. (4) For the Air Force, $27,423,560,000. nance; (5) For Defense-wide activities, (2) $100,000 is for Research, Development, Subtitle C—Environmental Provisions $17,453,576,000. Test, and Evaluation; and SEC. 321. PAYMENT OF CERTAIN PRIVATE CLEAN- (6) For the Army Reserve, $1,925,728,000. (3) $2,100,000 is for Procurement. UP COSTS IN CONNECTION WITH DE- (7) For the Naval Reserve, $1,240,038,000. SEC. 304. AMOUNT FOR ONE SOURCE MILITARY FENSE ENVIRONMENTAL RESTORA- (8) For the Marine Corps Reserve, COUNSELING AND REFERRAL HOT- TION PROGRAM. $197,496,000. LINE. (a) PAYMENT FOR ACTIVITIES AT FORMER (9) For the Air Force Reserve, $2,154,790,000. (a) AUTHORIZATION OF APPROPRIATION OF DEFENSE PROPERTY SUBJECT TO COVENANT (10) For the Army National Guard, ADDITIONAL AMOUNT.—The amount author- FOR ADDITIONAL REMEDIAL ACTION.—Section $4,227,236,000. ized to be appropriated under section 301(5) is 2701(d) of title 10, United States Code, is (11) For the Air National Guard, hereby increased by $5,000,000, which shall be amended— $4,366,738,000. available (in addition to other amounts (1) in paragraph (1), by striking ‘‘paragraph (12) For the United States Court of Appeals available under this Act for the same pur- (3)’’ and inserting ‘‘paragraph (4)’’; for the Armed Forces, $10,825,000. pose) only for the Department of Defense (2) by redesignating paragraphs (2), (3), and (13) For Environmental Restoration, Army, One Source counseling and referral hotline. (4), as paragraphs (3), (4), and (5), respec- $405,598,000. (b) OFFSET.—The amount authorized to be tively; and (14) For Environmental Restoration, Navy, appropriated by section 421 is hereby reduced (3) by inserting after paragraph (1) the fol- $266,820,000. by $5,000,000, with the amount of the reduc- lowing new paragraph (2): (15) For Environmental Restoration, Air tion to be derived from excess amounts pro- ‘‘(2) ACTIVITIES AT CERTAIN FORMER DE- Force, $397,368,000. vided for military personnel of the Air Force. FENSE PROPERTY.—In addition to agreements

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.072 S06PT1 S7602 CONGRESSIONAL RECORD — SENATE July 6, 2004 under paragraph (1), the Secretary may also SEC. 324. COMPTROLLER GENERAL STUDY AND 113 Stat. 378) is amended by striking enter into agreements with owners of prop- REPORT ON DRINKING WATER CON- ‘‘$12,000,000’’ and inserting ‘‘$22,000,000’’. TAMINATION AND RELATED HEALTH erty subject to a covenant provided by the SEC. 326. COMPTROLLER GENERAL STUDY AND EFFECTS AT CAMP LEJEUNE, NORTH REPORT ON ALTERNATIVE TECH- United States under section 120(h)(3)(A)(ii) of CAROLINA. NOLOGIES TO DECONTAMINATE CERCLA (42 U.S.C. 9620(h)(3)(A)(ii)) to reim- (a) STUDY.—The Comptroller General of burse the owners of such property for activi- GROUNDWATER AT DEPARTMENT OF the United States shall conduct a study on DEFENSE INSTALLATIONS. ties under this section with respect to such drinking water contamination and related property by reason of the covenant.’’. (a) COMPTROLLER GENERAL STUDY.—The health effects at Camp Lejeune, North Caro- Comptroller General of the United States (b) SOURCE OF FUNDS FOR FORMER BRAC lina. The study shall consist of the following: shall conduct a study to determine whether PROPERTY SUBJECT TO COVENANT FOR ADDI- (1) A study of the history of drinking water or not cost-effective technologies are avail- TIONAL REMEDIAL ACTION.—Section 2703 of contamination at Camp Lejeune to deter- able to the Department of Defense for the such title is amended— mine, to the extent practical— cleanup of groundwater contamination at (1) in subsection (g)(1), by striking ‘‘The (A) what contamination has been found in Department installations in lieu of tradi- sole source’’ and inserting ‘‘Except as pro- the drinking water; tional methods, such as pump and treat, that vided in subsection (h), the sole source’’; and (B) the source of such contamination and can be expensive and take many years to (2) by adding at the end the following new when it may have begun; complete. (C) when Marine Corps officials first be- subsection: (b) ELEMENTS.—The study under subsection came aware of such contamination; ‘‘(h) SOLE SOURCE OF FUNDS FOR ENVIRON- (a) shall include the following: (D) what actions have been taken to ad- MENTAL REMEDIATION AT CERTAIN BASE RE- (1) An identification of current tech- dress such contamination; nologies being used or field tested by the De- ALIGNMENT AND CLOSURE SITES.—In the case (E) the appropriateness of such actions in of property disposed of pursuant to a base partment to treat groundwater at Depart- light of the state of knowledge regarding ment installations, including the contami- closure law and subject to a covenant decontamination of that type, and applicable nants being addressed. scribed in section 2701(d)(2) of this title, the legal requirements regarding such contami- (2) An identification of cost-effective tech- sole source of funds for activities under such nation, as of the time of such actions; and nologies described in that subsection that section shall be the base closure account es- (F) any other matters that the Comptroller are currently under research, under develop- tablished under the applicable base closure General considers appropriate. ment by commercial vendors, or available law.’’. (2) An assessment of the study on the pos- commercially and being used outside the De- sible health effects associated with the SEC. 322. REIMBURSEMENT OF ENVIRONMENTAL partment and that have potential for use by drinking of contaminated drinking water at PROTECTION AGENCY FOR CERTAIN the Department to address the contaminants COSTS IN CONNECTION WITH MOSES Camp Lejeune as proposed by the Agency for identified under paragraph (1). LAKE WELLFIELD SUPERFUND SITE, Toxic Substances and Disease Registry MOSES LAKE, WASHINGTON. (ATSDR), including whether the proposed (3) An evaluation of the potential benefits and limitations of using the technologies (a) AUTHORITY TO REIMBURSE.—(1) Using study— (A) will address the appropriate at-risk identified under paragraphs (1) and (2). funds described in subsection (b), the Sec- (4) A description of the barriers, such as retary of Defense may transfer not more populations; (B) will encompass an appropriate time- cost, capability, or legal restrictions, to than $524,926.54 to the Moses Lake Wellfield using the technologies identified under para- Superfund Site 10–6J Special Account. frame; (C) will consider all relevant health effects; graph (2). (2) The payment under paragraph (1) is to and (5) Any other matters the Comptroller reimburse the Environmental Protection (D) can be completed on an expedited basis General considers appropriate. Agency for its costs, including interest, in- (c) REPORT.—By April 1, 2005, the Comp- without compromising its quality. curred in overseeing a remedial investiga- (b) AUTHORITY TO USE EXPERTS.—The troller General shall submit to Congress a tion/feasibility study performed by the De- Comptroller General may use experts in con- report on the study under subsection (a). The partment of the Army under the Defense En- ducting the study required by subsection (a). report shall include the results of the study vironmental Restoration Program at the Any such experts shall be independent, high- and any recommendations, including rec- former Larson Air Force Base, Moses Lake ly qualified, and knowledgeable in the mat- ommendations for administrative or legisla- Superfund Site, Moses Lake, Washington. ters covered by the study. tive action, that the Comptroller General (3) The reimbursement described in para- (c) PARTICIPATION BY OTHER INTERESTED considers appropriate. graph (2) is provided for in the interagency PARTIES.—In conducting the study required SEC. 327. SENSE OF SENATE ON PERCHLORATE agreement entered into by the Department by subsection (a), the Comptroller General CONTAMINATION OF GROUND AND of the Army and the Environmental Protec- shall ensure that interested parties, includ- SURFACE WATER. (a) FINDINGS.—The Senate makes the fol- tion Agency for the Moses Lake Wellfield ing individuals who lived or worked at Camp lowing findings: Superfund Site in March 1999. Lejeune during the period when the drinking water may have been contaminated, have the (1) Because finite water sources in the (b) SOURCE OF FUNDS.—Any payment under opportunity to submit information and views United States are stretched by regional subsection (a) shall be made using funds au- on the matters covered by the study. drought conditions and increasing demand thorized to be appropriated by section 301(17) (d) CONSTRUCTION WITH ATSDR STUDY.— for water supplies, there is increased need for for operation and maintenance for Environ- The requirement under subsection (a) that safe and dependable supplies of fresh water mental Restoration, Formerly Used Defense the Comptroller General conduct the study for drinking and use for agricultural pur- Sites. required by paragraph (2) of that subsection poses. (c) USE OF FUNDS.—The Environmental may not be construed as a basis for the delay (2) Perchlorate, a naturally occurring and Protection Agency shall use the amount of the study proposed by Agency for Toxic manmade compound with medical, commer- transferred under subsection (a) to pay costs Substances and Disease Registry as de- cial, and national defense applications, incurred by the Agency at the Moses Lake scribed in that subsection, but is intended to which has been used primarily in military Wellfield Superfund Site. provide an independent review of the appro- munitions and rocket fuels, has been de- priateness and credibility of the study protected in fresh water sources intended for SEC. 323. SATISFACTION OF CERTAIN AUDIT RE- posed by the Agency and to identify possible use as drinking water and water necessary QUIREMENTS BY THE INSPECTOR improvements in the plan or implementation for the production of agricultural commod- GENERAL OF THE DEPARTMENT OF of the study proposed by the Agency. DEFENSE. ities. (e) REPORT.—(1) Not later than one year (3) If ingested in sufficient concentration after the date of the enactment of this Act, (a) SATISFACTION OF REQUIREMENTS.—The and in adequate duration, perchlorate may the Comptroller General shall submit to the Inspector General of the Department of De- interfere with thyroid metabolism, and this congressional defense committees a report fense shall be deemed to be in compliance effect may impair the normal development with the requirements of subsection (k) of on the study required by subsection (a), including such recommendations as the Comp- of the brain in fetuses and newborns. section 111 of Comprehensive Environmental (4) The Federal Government has not yet es- Response, Compensation, and Liability Act troller General considers appropriate for further study or for legislative or other action. tablished a drinking water standard for per- of 1980 (42 U.S.C. 9611) if the Inspector Gen- chlorate. eral conducts periodic audits of the pay- (2) Recommendations under paragraph (1) may include recommendations for modifica- (5) The National Academy of Sciences is ments, obligations, reimbursements and conducting an assessment of the state of the other uses of the Fund described in that sections or additions to the study proposed by the Agency for Toxic Substances and Disease science regarding the effects on human tion, even if such audits do not occur on an health of perchlorate ingestion that will aid annual basis. Registry, as described in subsection (a)(2), in order to improve the study. in understanding the effect of perchlorate (b) REPORTS TO CONGRESS ON AUDITS.—The SEC. 325. INCREASE IN AUTHORIZED AMOUNT OF exposure on sensitive populations. Inspector General shall submit to Congress a ENVIRONMENTAL REMEDIATION, (b) SENSE OF SENATE.—It is the sense of the report on each audit conducted by the In- FRONT ROYAL, VIRGINIA. Senate that— spector General as described in subsection Section 591(a)(2) of the Water Resources (1) perchlorate has been identified as a con- (a). Development Act of 1999 (Public Law 106–53; taminant of drinking water sources or in the

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.072 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7603 environment in 34 States and has been used tion, or electronic tracking systems (or the Subtitle F—Defense Dependents Education or manufactured in 44 States; infrastructure supporting such systems) nec- (2) perchlorate exposure at or above a cer- essary for effective testing and training to SEC. 351. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPEND- tain level may adversely affect public meet military requirements in the Utah Test ENTS OF MEMBERS OF THE ARMED health, particularly the health of vulnerable and Training Range. FORCES AND DEPARTMENT OF DE- and sensitive populations; and Subtitle D—Depot-Level Maintenance and FENSE CIVILIAN EMPLOYEES. (3) the Department of Defense should— Repair (a) CONTINUATION OF DEPARTMENT OF DE- (A) work to develop a national plan to re- SEC. 331. SIMPLIFICATION OF ANNUAL REPORT- FENSE PROGRAM FOR FISCAL YEAR 2005.—Of mediate perchlorate contamination of the ING REQUIREMENTS CONCERNING the amount authorized to be appropriated environment resulting from Department’s FUNDS EXPENDED FOR DEPOT pursuant to section 301(5) for operation and activities to ensure the Department is pre- MAINTENANCE AND REPAIR WORK- maintenance for Defense-wide activities, pared to respond quickly and appropriately LOADS. $30,000,000 shall be available only for the pur- (a) CONSOLIDATION AND REVISION OF DE- once a drinking water standard is estab- pose of providing educational agencies as- PARTMENTAL REPORTING REQUIREMENTS.— lished; sistance to local educational agencies. (B) in cases in which the Department is al- Section 2466(d) of title 10, United States ready remediating perchlorate contamina- Code, is amended— (b) NOTIFICATION.—Not later than June 30, tion, continue that remediation; (1) in paragraph (1)— 2005, the Secretary of Defense shall notify (C) prior to the development of a drinking (A) by striking ‘‘February 1’’ and inserting each local educational agency that is eligible water standard for perchlorate, develop a ‘‘April 1’’; and for educational agencies assistance for fiscal plan to remediate perchlorate contamination (B) by striking ‘‘the preceding two fiscal year 2005 of— in cases in which such contamination from years’’ and inserting ‘‘the preceding fiscal (1) that agency’s eligibility for the assist- the Department’s activities is present in year and are projected to be expended in the ance; and ground or surface water at levels that pose a fiscal year in which submitted and ensuing (2) the amount of the assistance for which hazard to human health; and fiscal years’’; and that agency is eligible. (D) continue the process of evaluating and (2) by striking paragraph (2). (c) DISBURSEMENT OF FUNDS.—The Sec- prioritizing sites without waiting for the de- (b) TIMING AND CONTENT OF GAO VIEWS.— retary of Defense shall disburse funds made velopment of a Federal standard. Paragraph (3) of such section— available under subsection (a) not later than SEC. 328. AMOUNT FOR RESEARCH AND DEVEL- (1) is redesignated as paragraph (2); and 30 days after the date on which notification OPMENT FOR IMPROVED PREVEN- (2) is amended— to the eligible local educational agencies is TION OF LEISHMANIASIS. (A) by striking ‘‘60 days’’ and inserting ‘‘90 provided pursuant to subsection (b). (a) INCREASE IN AMOUNT FOR DEFENSE days’’; and (d) DEFINITIONS.—In this section: HEALTH PROGRAM.—The amount authorized (B) by striking ‘‘whether—’’ and all that (1) The term ‘‘educational agencies assist- to be appropriated by section 303(a)(2) for the follows and inserting the following: ‘‘wheth- ance’’ means assistance authorized under Defense Health Program for research, devel- er the Department of Defense has complied section 386(b) of the National Defense Au- opment, test, and evaluation is hereby in- with the requirements of subsection (a) for thorization Act for Fiscal Year 1993 (Public creased by $500,000, with the amount of the the fiscal year preceding the fiscal year in Law 102–484; 20 U.S.C. 7703 note). increase to be available for purposes relating which the report is submitted and whether (2) The term ‘‘local educational agency’’ to Leishmaniasis Diagnostics Laboratory. the expenditure projections for the other fis- has the meaning given that term in section (b) INCREASE IN AMOUNT FOR RDT&E, ARMY cal years covered by the report are reason- 8013(9) of the Elementary and Secondary FOR LEISHMANIASIS TOPICAL TREATMENT.— able.’’. Education Act of 1965 (20 U.S.C. 7713(9)). The amount authorized to be appropriated SEC. 332. REPEAL OF REQUIREMENT FOR AN- (3) The term ‘‘basic support payment’’ by section 201(1) for research, development, NUAL REPORT ON MANAGEMENT OF means a payment authorized under section test, and evaluation, Army, as increased by DEPOT EMPLOYEES. 8003(b)(1) of the Elementary and Secondary subsection (b), is hereby further increased by (a) REPEAL.—Section 2472 of title 10, Education Act of 1965 (20 U.S.C. 7703(b)(1)). $4,500,000, with the amount of the increase to United States Code, is amended by striking be available in Program Element subsection (b). SEC. 352. IMPACT AID FOR CHILDREN WITH SE- PE 0604807A for purposes relating to Leish- (b) CONFORMING AMENDMENT.—Subsection VERE DISABILITIES. maniasis Topical Treatment. (a) of such section is amended by striking Of the amount authorized to be appro- (c) OFFSET.—The amount authorized to be ‘‘(a) PROHIBITION ON MANAGEMENT BY END priated pursuant to section 301(5) for oper- appropriated by section 421 is hereby reduced STRENGTH.—’’. ation and maintenance for Defense-wide ac- by $5,000,000, with the amount of the reduc- SEC. 333. EXTENSION OF SPECIAL TREATMENT tivities, $5,000,000 shall be available for pay- tion to be derived from excess amounts pro- FOR CERTAIN EXPENDITURES IN- ments under section 363 of the Floyd D. vided for military personnel of the Air Force. CURRED IN THE OPERATION OF Spence National Defense Authorization Act CENTERS OF INDUSTRIAL AND SEC. 329. REPORT REGARDING ENCROACHMENT for Fiscal Year 2001 (as enacted into law by TECHNICAL EXCELLENCE. ISSUES AFFECTING UTAH TEST AND Public Law 106–398; 114 Stat. 1654A–77; 20 Section 2474(f)(1) of title 10, United States TRAINING RANGE, UTAH. U.S.C. 7703a). (a) REPORT REQUIRED.—(1) The Secretary of Code, is amended by striking ‘‘through 2006’’ and inserting ‘‘through 2009’’. SEC. 353. SENSE OF THE SENATE REGARDING the Air Force shall prepare a report that THE IMPACT OF THE PRIVATIZATION outlines current and anticipated encroach- Subtitle E—Extensions of Program OF MILITARY HOUSING ON LOCAL ments on the use and utility of the special Authorities SCHOOLS. use airspace of the Utah Test and Training SEC. 341. TWO-YEAR EXTENSION OF DEPART- (a) FINDINGS.—The Senate finds the fol- Range in the State of Utah, including en- MENT OF DEFENSE TELECOMMUNI- lowing: croachments brought about through actions CATIONS BENEFIT. (1) There are approximately 750,000 school- of other Federal agencies. The Secretary Section 344(c) of the National Defense Au- aged children of members of the active duty shall include such recommendations as the thorization Act for Fiscal Year 2004 (Public Armed Forces in the United States. Secretary considers appropriate regarding Law 108–136; 117 Stat. 1449) is amended by (2) Approximately 650,000 of those students any legislative initiatives necessary to ad- striking ‘‘September 30, 2004’’ and inserting are currently being served in public schools dress encroachment problems identified by ‘‘September 30, 2006’’. across the United States. the Secretary in the report. SEC. 342. TWO-YEAR EXTENSION OF ARSENAL (3) The Department of Defense has em- (2) It is the sense of the Senate that such SUPPORT PROGRAM INITIATIVE. barked on military housing privatization ini- recommendations should be carefully consid- Section 343 of the Floyd D. Spence Na- tiatives using authorities provided in sub- ered for future legislative action. tional Defense Authorization Act for Fiscal chapter IV of chapter 169 of part IV of sub- (b) SUBMISSION OF REPORT.—Not later than Year 2001 (10 U.S.C. 4551 note) is amended— one year after the date of the enactment of (1) in subsection (a), by striking ‘‘2004’’ and title A of title 10, United States Code, which this Act, the Secretary shall submit the re- inserting ‘‘2006’’; and will result in the improvement or replace- port to the Committee on Armed Services of (2) in subsection (g)— ment of 120,000 military family housing units the House of Representatives and the Com- (A) in paragraph (1), by striking ‘‘2004’’ and in the United States. mittee on Armed Services of the Senate. inserting ‘‘2006’’; and (4) The Secretary of each military depart- (c) PROHIBITION ON GROUND MILITARY OPER- (B) in paragraph (2), by striking ‘‘2003’’ and ment is authorized to include the construc- ATIONS.—Nothing in this section shall be inserting ‘‘2005’’. tion of new school facilities in agreements carried out under subchapter IV of chapter construed to permit a military operation to SEC. 343. REAUTHORIZATION OF WARRANTY be conducted on the ground in a covered wil- CLAIMS RECOVERY PILOT PRO- 169 of part IV of subtitle A of title 10, United derness study area in the Utah Test and GRAM. States Code. Training Range. Section 391(f) of the National Defense Au- (b) SENSE OF THE SENATE.—It is the sense (d) COMMUNICATIONS AND TRACKING SYS- thorization Act for Fiscal Year 1998 (Public of the Senate that the Department of De- TEMS.—Nothing in this section shall be con- Law 105–85; 10 U.S.C. 2304 note) is amended fense should support the construction of strued to prevent any required maintenance by striking ‘‘September 30, 2004’’ and insert- schools in housing privatization agreements of existing communications, instrumenta- ing ‘‘September 30, 2006’’. that severely impact student populations.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.072 S06PT1 S7604 CONGRESSIONAL RECORD — SENATE July 6, 2004 Subtitle G—Other Matters ‘‘(A) each installation at which such secu- industrial facility may enter into coopera- SEC. 361. CHARGES FOR DEFENSE LOGISTICS IN- rity-guard functions are performed or are to tive arrangements with non-Army entities to FORMATION SERVICES MATERIALS. be performed; carry out military or commercial projects (a) AUTHORITY.—Subchapter I of chapter 8 ‘‘(B) the period and amount of such con- with the non-Army entities. A cooperative of title 10, United States Code, is amended by tract; arrangement under this section shall be adding at the end the following new section: ‘‘(C) the number of security guards em- known as a ‘public-private partnership’. ‘‘§ 197. Defense Logistics Agency: fees charged ployed or to be employed under such con- ‘‘(b) AUTHORIZED PARTNERSHIP ACTIVI- for logistics information tract; and TIES.—A public-private partnership entered ‘‘(a) AUTHORITY.—The Secretary of Defense ‘‘(D) the actions taken or to be taken with- into by an Army industrial facility may pro- may charge fees for providing information in in the Department of Defense to ensure that the Federal Logistics Information System the conditions applicable under paragraph (1) vide for any of the following activities: through Defense Logistics Information Serv- of subsection (a) or determined under para- ‘‘(1) The sale of articles manufactured by ices to a department or agency of the execu- graph (2) of such subsection are satisfied;’’; the facility or services performed by the fa- tive branch outside the Department of De- (4) by striking ‘‘and’’ at the end of para- cility to persons outside the Department of fense, or to a State, a political subdivision of graph (2), as redesignated by paragraph (2); Defense. a State, or any person. and ‘‘(2) The performance of— ‘‘(b) AMOUNT.—The fee or fees prescribed (5) by inserting after paragraph (2), as so ‘‘(A) work by a non-Army entity at the fa- under subsection (a) shall be such amount or redesignated, the following new paragraph: cility; or amounts as the Secretary of Defense deter- ‘‘(3) identify any limitation or constraint ‘‘(B) work for a non-Army entity by the fa- mines appropriate for recovering the costs of on the end strength of the civilian workforce cility. providing information as described in such of the Department of Defense that makes it ‘‘(3) The sharing of work by the facility subsection. difficult to meet requirements identified and one or more non-Army entities. ‘‘(c) RETENTION OF FEES.—Fees collected under paragraph (2) by hiring personnel as ‘‘(4) The leasing, or use under a facilities under this section shall be credited to the civilian employees of the Department of De- use contract or otherwise, of the facility (in- appropriation available for Defense Logistics fense; and’’. cluding excess capacity) or equipment (in- Information Services for the fiscal year in SEC. 363. PILOT PROGRAM FOR PURCHASE OF cluding excess equipment) of the facility by which collected, shall be merged with other CERTAIN MUNICIPAL SERVICES FOR a non-Army entity. sums in such appropriation, and shall be DEPARTMENT OF DEFENSE INSTAL- ‘‘(5) The preparation and submission of available for the same purposes and period as LATIONS. joint offers by the facility and one or more the appropriation with which merged. (a) AUTHORITY.—The Secretary of Defense non-Army entities for competitive procure- ‘‘(d) DEFENSE LOGISTICS INFORMATION SERV- may carry out a pilot program to provide for ments entered into with a department or ICES DEFINED.—In this section, the term ‘De- the purchase of certain services needed for a agency of the United States. fense Logistics Information Services’ means Department of Defense installation from a ‘‘(c) CONDITIONS FOR PUBLIC-PRIVATE PART- the organization within the Defense Logis- county or municipality where the installa- tics Agency that is known as Defense Logis- tion is located. NERSHIPS.—An activity described in sub- tics Information Services.’’. (b) PURPOSE OF PROGRAM.—The purpose of section (b) may be carried out as a public- (b) CLERICAL AMENDMENT.—The table of the pilot program is to provide the Secretary private partnership at an Army industrial fa- sections at the beginning of such subchapter with a basis for evaluating the efficacy of cility only under the following conditions: is amended by adding at the end the fol- purchasing public works, utility, and other ‘‘(1) In the case of an article to be manu- lowing new item: services needed for Department of Defense factured or services to be performed by the ‘‘197. Defense Logistics Agency: fees charged installations from counties or municipalities facility, the articles can be substantially where the installations are located. for logistics information.’’. manufactured, or the services can be sub- (c) SERVICES AUTHORIZED FOR PROCURE- SEC. 362. TEMPORARY AUTHORITY FOR CON- stantially performed, by the facility without MENT.—Only the following services may be subcontracting for more than incidental per- TRACTOR PERFORMANCE OF SECU- purchased for a participating installation RITY-GUARD FUNCTIONS. formance. under the pilot program: (a) CONDITIONAL EXTENSION OF AUTHOR- ‘‘(2) The activity does not interfere with (1) Refuse collection. ITY.—Subsection (c) of section 332 of the Bob performance of— Stump National Defense Authorization Act (2) Refuse disposal. ‘‘(A) work by the facility for the Depart- for Fiscal Year 2003 (Public Law 107–314; 116 (3) Library services. ment of Defense; or Stat. 2513) is amended— (4) Recreation services. ‘‘(B) a military mission of the facility. (5) Facility maintenance and repair. (1) by inserting ‘‘(1)’’ after ‘‘AUTHORITY.—’’; ‘‘(3) The activity meets one of the fol- and (6) Utilities. lowing objectives: (d) PROGRAM INSTALLATIONS.—The Sec- (2) by striking ‘‘at the end of the three- ‘‘(A) Maximize utilization of the capacity retary of each military department may des- year period’’ and all that follows through the ignate under this section not more than two of the facility. period at the end and inserting ‘‘at the end installations of such military department for ‘‘(B) Reduction or elimination of the cost of September 30, 2006, except that such au- participation in the pilot program. Only in- of ownership of the facility. thority shall not be in effect under this sec- stallations located in the United States are ‘‘(C) Reduction in the cost of manufac- tion for any period after December 1, 2004, eligible for designation under this sub- turing or maintaining Department of De- during which the Secretary has failed to section. fense products at the facility. comply with the requirement to submit the (e) REPORT.—Not later than February 1, ‘‘(D) Preservation of skills or equipment plan under subsection (d)(2). 2010, the Secretary of Defense shall submit related to a core competency of the facility. ‘‘(2) No security-guard functions may be to Congress a report on any pilot program ‘‘(4) The non-Army entity partner or pur- performed under any contract entered into carried out under this section. The report chaser agrees to hold harmless and indem- using the authority provided under this sec- shall include— nify the United States from any liability or tion during any period for which the author- (1) the Secretary’s evaluation of the effi- claim for damages or injury to any person or ity for contractor performance of security- cacy of purchasing public works, utility, and property arising out of the activity, includ- guard functions under this section is not in other services for Department of Defense in- ing any damages or injury arising out of a effect. stallations from counties or municipalities decision by the Secretary of the Army or the ‘‘(3) The term of any contract entered into where the installations are located; and Secretary of Defense to suspend or terminate using the authority provided under this sec- (2) any recommendations that the Sec- an activity, or any portion thereof, during a tion may not extend beyond the date of the retary considers appropriate regarding au- war or national emergency or to require the expiration of authority under paragraph thority to make such purchases. facility to perform other work or provide (1).’’. (f) PERIOD OF PILOT PROGRAM.—The pilot other services on a priority basis, except— (b) REAFFIRMATION AND REVISION OF RE- program may be carried out during fiscal ‘‘(A) in any case of willful misconduct or PORTING REQUIREMENT.—Subsection (d) of years 2005 through 2010. gross negligence; and such section is amended— SEC. 364. CONSOLIDATION AND IMPROVEMENT ‘‘(B) in the case of a claim by a purchaser (1) by striking ‘‘180 days after the date of OF AUTHORITIES FOR ARMY WORK- of articles or services under this section that the enactment of this Act,’’ and inserting ING-CAPITAL FUNDED FACILITIES damages or injury arose from the failure of ‘‘December 1, 2004,’’; TO ENGAGE IN PUBLIC-PRIVATE the Government to comply with quality, PARTNERSHIPS. (2) by redesignating paragraphs (1) and (2) schedule, or cost performance requirements (a) PUBLIC-PRIVATE PARTNERSHIPS AUTHOR- as paragraphs (2) and (4), respectively; in the contract to carry out the activity. (3) by inserting after ‘‘shall—’’ the fol- IZED.—Chapter 433 of title 10, United States lowing new paragraph: Code, is amended by adding at the end the ‘‘(d) METHODS OF PUBLIC-PRIVATE PARTNER- ‘‘(1) identify each contract for the perform- following new section: SHIPS.—To conduct an activity of a public- ance of security-guard functions entered into ‘‘§ 4544. Army industrial facilities: public-pri- private partnership under this section, the pursuant to the authority in subsection (a) vate partnerships approval authority described in subsection on or before September 30, 2004, including in- ‘‘(a) PUBLIC-PRIVATE PARTNERSHIPS AU- (f) for an Army industrial facility may, in formation regarding— THORIZED.—A working-capital funded Army the exercise of good business judgment—

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.072 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7605 ‘‘(1) enter into a firm, fixed-price contract a public-private partnership under this sec- (2) There shall be deposited in the account, (or, if agreed to by the purchaser, a cost re- tion. from amounts appropriated to the Depart- imbursement contract) for a sale of articles ‘‘(j) DEFINITIONS.—In this section: ment of Defense for operation and mainte- or services or use of equipment or facilities; ‘‘(1) The term ‘Army industrial facility’ in- nance of Defense Agencies, such amounts as ‘‘(2) enter into a multiyear partnership cludes an ammunition plant, an arsenal, a the Secretary considers appropriate to con- contract for a period not to exceed five depot, and a manufacturing plant. duct the program referred to in subsection years, unless a longer period is specifically ‘‘(2) The term ‘non-Army entity’ includes (a). authorized by law; the following: (3) The Secretary may use the funds in the ‘‘(3) charge a partner the amounts nec- ‘‘(A) An executive agency. account established in paragraph (1) only for essary to recover the full costs of the arti- ‘‘(B) An entity in industry or commercial the purpose of conducting the program re- cles or services provided, including capital sales. ferred to in subsection (a). improvement costs, and equipment deprecia- ‘‘(C) A State or political subdivision of a (4) Not later than 60 days after the termi- tion costs associated with providing the arti- State. nation of the authority of the Secretary to cles, services, equipment, or facilities; ‘‘(D) An institution of higher education or conduct the program referred to in sub- ‘‘(4) authorize a partner to use incremental vocational training institution. section (a), the Secretary shall transmit to funding to pay for the articles, services, or ‘‘(3) The term ‘incremental funding’ means the Committees on Armed Services of the use of equipment or facilities; and a series of partial payments that— Senate and House of Representatives a re- ‘‘(5) accept payment-in-kind. ‘‘(A) are made as the work on manufacture port containing an accounting of all the ‘‘(e) DEPOSIT OF PROCEEDS.—(1) The pro- or articles is being performed or services are funds deposited into and expended from the ceeds of sales of articles and services re- being performed or equipment or facilities account or otherwise expended under this ceived in connection with the use of an Army are used, as the case may be; and section, and of any amount remaining in the industrial facility under this section shall be ‘‘(B) result in full payment being com- account. Unobligated funds which remain in credited to the appropriation or working- pleted as the required work is being com- the account after termination of the author- capital fund that incurs the variable costs of pleted. ity of the Secretary under this section shall manufacturing the articles or performing the ‘‘(4) The term ‘full costs’, with respect to be held in the account until transferred by services. Notwithstanding section 3302(b) of articles or services provided under this sec- law after the Committees receive the report. title 31, the amount so credited with respect tion, means the variable costs and the fixed (d) ACCEPTANCE OF VOLUNTARY SERVICES.— to an Army industrial facility shall be avail- costs that are directly related to the produc- (1) Notwithstanding section 1342 of title 31, able, without further appropriation, as fol- tion of the articles or the provision of the United States Code, the Secretary may ac- lows: services. cept from any person voluntary services to ‘‘(A) Amounts equal to the amounts of the ‘‘(5) The term ‘variable costs’ means the be provided in furtherance of the program re- variable costs so incurred shall be available costs that are expected to fluctuate directly ferred to in subsection (a). for the same purposes as the appropriation with the volume of sales or services provided (2) A person providing voluntary services or working-capital fund to which credited. or the use of equipment or facilities.’’. under this subsection shall be considered to ‘‘(B) Amounts in excess of the amounts of (b) CLERICAL AMENDMENT.—The table of be an employee for the purposes of chapter 81 the variable costs so incurred shall be avail- sections at the beginning of such chapter is of title 5, United States Code, relating to able for operations, maintenance, and envi- amended by adding at the end the following compensation for work-related injuries. ronmental restoration at that Army indus- new item: Such a person who is not otherwise employed trial facility. by the Federal Government shall not be con- ‘‘4544. Army industrial facilities: public-pri- ‘‘(2) Amounts credited to a working-capital sidered to be a Federal employee for any vate partnerships.’’. fund under paragraph (1) shall remain avail- other purposes by reason of the provision of able until expended. Amounts credited to an SEC. 365. PROGRAM TO COMMEMORATE 60TH AN- such service. appropriation under paragraph (1) shall re- NIVERSARY OF WORLD WAR II. (3) The Secretary may reimburse a person main available for the same period as the ap- (a) IN GENERAL.—For fiscal year 2005, the providing voluntary services under this sub- propriation to which credited. Secretary of Defense may conduct a pro- section for incidental expenses incurred by ‘‘(f) APPROVAL OF SALES.—The authority of gram— such person in providing such services. The an Army industrial facility to conduct a pub- (1) to commemorate the 60th anniversary Secretary shall determine which expenses lic-private partnership under this section of World War II; and are eligible for reimbursement under this shall be exercised at the level of the com- (2) to coordinate, support, and facilitate paragraph. mander of the major subordinate command other such commemoration programs and ac- of the Army that has responsibility for the SEC. 366. MEDIA COVERAGE OF THE RETURN TO tivities of the Federal Government, State THE UNITED STATES OF THE RE- facility. The commander may approve such and local governments, and other persons. MAINS OF DECEASED MEMBERS OF partnership on a case basis or a class basis. (b) PROGRAM ACTIVITIES.—The program re- THE ARMED FORCES FROM OVER- ‘‘(g) COMMERCIAL SALES.—Except in the ferred to in subsection (a) may include ac- SEAS. case of work performed for the Department tivities and ceremonies— (a) FINDINGS.—Congress makes the fol- of Defense, for a contract of the Department (1) to provide the people of the United lowing findings: of Defense, for foreign military sales, or for States with a clear understanding and appre- (1) The Department of Defense, since 1991, authorized foreign direct commercial sales ciation of the lessons and history of World has relied on a policy of no media coverage (defense articles or defense services sold to a War II; of the transfers of the remains of members foreign government or international organi- (2) to thank and honor veterans of World Ramstein Air Force Base, Germany, nor at zation under export controls), a sale of arti- War II and their families; Dover Air Force Base, Delaware, and the cles or services may be made under this sec- (3) to pay tribute to the sacrifices and con- Port Mortuary Facility at Dover Air Force tion only if the approval authority described tributions made on the home front by the Base, nor at interim stops en route to the in subsection (f) determines that the articles people of the United States; point of final destination in the transfer of or services are not available from a commer- (4) to foster an awareness in the people of the remains. cial source located in the United States in (2) The principal focus and purpose of the the required quantity or quality, or within the United States that World War II was the the time required. central event of the 20th century that de- policy is to protect the wishes and the pri- ‘‘(h) EXCLUSION FROM DEPOT-LEVEL MAIN- fined the postwar world; vacy of families of deceased members of the TENANCE AND REPAIR PERCENTAGE LIMITA- (5) to highlight advances in technology, Armed Forces during their time of great loss TION.—Amounts expended for depot-level science, and medicine related to military re- and grief and to give families and friends of maintenance and repair workload by non- search conducted during World War II; the dead the privilege to decide whether to Federal personnel at an Army industrial fa- (6) to inform wartime and postwar genera- allow media coverage at the member’s duty cility shall not be counted for purposes of ap- tions of the contributions of the Armed or home station, at the interment site, or at plying the percentage limitation in section Forces of the United States to the United or in connection with funeral and memorial 2466(a) of this title if the personnel are pro- States; services. vided by a non-Army entity pursuant to a (7) to recognize the contributions and sac- (3) In a 1991 legal challenge to the Depart- public-private partnership established under rifices made by World War II allies of the ment of Defense policy, as applied during Op- this section. United States; and eration Desert Storm, the policy was upheld ‘‘(i) RELATIONSHIP TO OTHER LAWS.—Noth- (8) to highlight the role of the Armed by the United States District Court for the ing in this section shall be construed to af- Forces of the United States, then and now, in District of Columbia, and on appeal, by the fect the application of— maintaining world peace through strength. United States Court of Appeals for the Dis- ‘‘(1) foreign military sales and the export (c) ESTABLISHMENT OF ACCOUNT.—(1) There trict of Columbia in the case of JB Pictures, controls provided for in sections 30 and 38 of is established in the Treasury of the United Inc. v. Department of Defense and Donald B. the Arms Export Control Act (22 U.S.C. 2770 States an account to be known as the ‘‘De- Rice, Secretary of the Air Force on the basis and 2778) to activities of a public-private partment of Defense 60th Anniversary of that denying the media the right to view the partnership under this section; and World War II Commemoration Account’’ return of remains at Dover Air Force Base ‘‘(2) section 2667 of this title to leases of which shall be administered by the Secretary does not violate the first amendment guar- non-excess property in the administration of as a single account. antees of freedom of speech and of the press.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.072 S06PT1 S7606 CONGRESSIONAL RECORD — SENATE July 6, 2004 (4) The United States Court of Appeals for amount of the increase to be allocated to the United States Air Force Academy, and the District of Columbia in that case cited Program Element PE 0603826D8Z. up to 50 professors of the United States the following two key Government interests (2) Of the amount authorized to be appro- Naval Academy who are career military pro- that are served by the Department of De- priated by section 201(4) for research, devel- fessors (as defined in regulations prescribed fense policy: opment, test, and evaluation, Defense-wide by the Secretary of the Navy).’’. (A) Reducing the hardship on the families activities, and allocated to Program Ele- Subtitle B—Reserve Forces ment PE 0603826D8Z, as provided by para- and friends of the war dead, who may feel ob- SEC. 411. END STRENGTHS FOR SELECTED RE- ligated to travel great distances to attend graph (1), $10,000,000 may be available for SERVE. arrival ceremonies at Dover Air Force Base medical equipment and combat casualty care (a) IN GENERAL.—The Armed Forces are au- if such ceremonies were held. technologies. thorized strengths for Selected Reserve per- (B) Protecting the privacy of families and (e) OFFSET.—The amount authorized to be sonnel of the reserve components as of Sep- friends of the dead, who may not want media appropriated by section 421 is hereby reduced tember 30, 2005, as follows: coverage of the unloading of caskets at by $10,000,000, with the amount of the reduc- (1) The Army National Guard of the United Dover Air Force Base. tion to be derived from excess amounts pro- States, 350,000. (5) The Court also noted, in that case, that vided for military personnel of the Air Force. (2) The Army Reserve, 205,000. the bereaved may be upset at the public dis- TITLE IV—MILITARY PERSONNEL (3) The Naval Reserve, 83,400. play of the caskets of their loved ones and AUTHORIZATIONS (4) The Marine Corps Reserve, 39,600. that the policy gives the family the right to Subtitle A—Active Forces (5) The Air National Guard of the United grant or deny access to the media at memo- SEC. 401. END STRENGTHS FOR ACTIVE FORCES. States, 106,800. rial or funeral services at the home base and (6) The Air Force Reserve, 76,100. that the policy is consistent in its concern The Armed Forces are authorized strengths for active duty personnel as of (7) The Coast Guard Reserve, 10,000. for families. (b) ADJUSTMENTS.—The end strengths pre- September 30, 2005, as follows: (b) SENSE OF CONGRESS.—It is the sense of scribed by subsection (a) for the Selected Re- (1) The Army, 502,400, subject to the condi- Congress that the Department of Defense serve of any reserve component shall be pro- tion that costs of active duty personnel of policy regarding no media coverage of the portionately reduced by— the Army in excess of 482,400 shall be paid transfer of the remains of deceased members (1) the total authorized strength of units out of funds authorized to be appropriated of the Armed Forces appropriately protects organized to serve as units of the Selected for fiscal year 2005 for a contingent emer- the privacy of the members’ families and Reserve of such component which are on ac- gency reserve fund or as an emergency sup- friends of and is consistent with United tive duty (other than for training) at the end plemental appropriation. States constitutional guarantees of freedom of the fiscal year; and (2) The Navy, 365,900. of speech and freedom of the press. (2) the total number of individual members (3) The Marine Corps, 175,000. SEC. 367. TRACKING AND CARE OF MEMBERS OF not in units organized to serve as units of (4) The Air Force, 359,700. THE ARMED FORCES WHO ARE IN- the Selected Reserve of such component who JURED IN COMBAT. SEC. 402. ADDITIONAL AUTHORITY FOR IN- are on active duty (other than for training or (a) FINDINGS.—The Senate makes the fol- CREASES OF ARMY ACTIVE DUTY for unsatisfactory participation in training) lowing findings: PERSONNEL END STRENGTHS FOR without their consent at the end of the fiscal (1) Members of the Armed Forces of the FISCAL YEARS 2005 THROUGH 2009. year. United States place themselves in harm’s (a) AUTHORITY.—During fiscal years 2005 way in the defense of democratic values and through 2009, the Secretary of Defense is au- Whenever such units or such individual to keep the United States safe. thorized to increase by up to 30,000 the end members are released from active duty dur- (2) This call to duty has resulted in the ul- strength authorized for the Army for such ing any fiscal year, the end strength pre- timate sacrifice of members of the Armed fiscal year under section 115(a)(1)(A) of title scribed for such fiscal year for the Selected Forces of the United States who are killed or 10, United States Code, as necessary to sup- Reserve of such reserve component shall be critically injured while serving the United port the operational mission of the Army in proportionately increased by the total au- States. Iraq and Afghanistan and to achieve trans- thorized strengths of such units and by the (b) SENSE OF SENATE.—It is the sense of the formational reorganization objectives of the total number of such individual members. Senate— Army, including objectives for increased SEC. 412. END STRENGTHS FOR RESERVES ON AC- (1) to honor the sacrifice of the members of numbers of combat brigades, unit manning, TIVE DUTY IN SUPPORT OF THE RE- the Armed Forces who have been killed or force stabilization and shaping, and rebal- SERVES. critically wounded while serving the United ancing of the active and reserve component Within the end strengths prescribed in sec- States; forces of the Army. tion 411(a), the reserve components of the (2) to recognize the heroic efforts of the (b) RELATIONSHIP TO PRESIDENTIAL WAIVER Armed Forces are authorized, as of Sep- medical personnel of the Armed Forces in AUTHORITY.—Nothing in this section shall be tember 30, 2005, the following number of Re- treating wounded military personnel and ci- construed to limit the President’s authority serves to be serving on full-time active duty vilians; and under section 123a of title 10, United States or full-time duty, in the case of members of (3) to support advanced medical tech- Code, to waive any statutory end strength in the National Guard, for the purpose of orga- nologies that assist the medical personnel of a time of war or national emergency. nizing, administering, recruiting, instruct- the Armed Forces in saving lives and reduc- (c) RELATIONSHIP TO OTHER VARIANCE AU- ing, or training the reserve components: ing disability rates for members of the THORITY.—The authority under subsection (1) The Army National Guard of the United Armed Forces. (a) is in addition to the authority to vary au- States, 26,602. (c) POLICY ON TRACKING OF WOUNDED FROM thorized end strengths that is provided in (2) The Army Reserve, 14,970. COMBAT ZONES.—(1) Not later than 120 days subsections (e) and (f) of section 115 of title (3) The Naval Reserve, 14,152. after the date of the enactment of this Act, 10, United States Code. (4) The Marine Corps Reserve, 2,261. the Secretary of Defense shall— (d) BUDGET TREATMENT.—If the Secretary (5) The Air National Guard of the United (A) prescribe the policy of the Department of Defense plans to increase the Army active States, 12,253. of Defense for providing timely notification duty end strength for a fiscal year under sub- (6) The Air Force Reserve, 1,900. to the next of kin of the status, including section (a) of this section or pursuant to a SEC. 413. END STRENGTHS FOR MILITARY TECH- health and location, of members of the suspension of end-strength limitation under NICIANS (DUAL STATUS). Armed Forces who are seriously ill or in- section 123a of title 10, United States Code, The minimum number of military techni- jured in a combat zone; and then the budget for the Department of De- cians (dual status) as of the last day of fiscal (B) transmit to the Committees on Armed fense for such fiscal year as submitted to year 2005 for the reserve components of the Services of the Senate and House of Rep- Congress shall specify the amounts nec- Army and the Air Force (notwithstanding resentatives a copy of the policy prescribed essary for funding the active duty end section 129 of title 10, United States Code) under subparagraph (A). strength of the Army in excess of 482,400 (the shall be the following: (2) The policy prescribed under paragraph end strength authorized for active duty per- (1) For the Army Reserve, 7,299. (1) shall ensure respect for the expressed de- sonnel of the Army for fiscal year 2004 in sec- (2) For the Army National Guard of the sires of individual members of the Armed tion 401(1) of the National Defense Author- United States, 25,076. Forces regarding notification of next of kin ization Act for Fiscal Year 2004 (Public Law (3) For the Air Force Reserve, 9,954. under the policy, and shall also include 108–136; 117 Stat. 1450)). (4) For the Air National Guard of the standards of timeliness for the initial and SEC. 403. EXCLUSION OF SERVICE ACADEMY PER- United States, 22,956. continuing notification of next of kin under MANENT AND CAREER PROFESSORS SEC. 414. FISCAL YEAR 2005 LIMITATIONS ON the policy. FROM A LIMITATION ON CERTAIN NON-DUAL STATUS TECHNICIANS. (d) FUNDING FOR MEDICAL EQUIPMENT AND OFFICER GRADE STRENGTHS. (a) LIMITATIONS.—(1) Within the limitation COMBAT CASUALTY TECHNOLOGIES.—(1) The Section 523(b) of title 10, United States provided in section 10217(c)(2) of title 10, amount authorized to be appropriated by Code, is amended by adding at the end the United States Code, the number of non-dual section 201(4) for research, development, test, following new paragraph: status technicians employed by the National and evaluation, Defense-wide activities, is ‘‘(8) Up to 50 permanent professors of each Guard as of September 30, 2005, may not ex- hereby increased by $10,000,000, with the of the United States Military Academy and ceed the following:

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.072 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7607 (A) For the Army National Guard of the ‘‘(i) a program accredited by Chairman of a full tour of duty in a joint duty assignment United States, 1,600. the Joint Chiefs of Staff that is presented by upon the completion of any of the following: (B) For the Air National Guard of the a joint professional military education insti- ‘‘(1) Service in a joint duty assignment United States, 350. tution; and that meets the standards of subsection (a). (2) The number of non-dual status techni- ‘‘(ii) a full tour of duty in a joint duty as- ‘‘(2) Service in a joint duty assignment for cians employed by the Army Reserve as of signment; or a period that equals or exceeds the standard September 30, 2005, may not exceed 795. ‘‘(B) completing two full tours of duty in length of the joint duty assignments that is (3) The number of non-dual status techni- joint duty assignments.’’. prescribed under subsection (c) for the in- cians employed by the Air Force Reserve as (2) Subsection (c) of such section is further stallation or other location of the officer’s of September 30, 2005, may not exceed 90. amended— joint duty assignment. (b) NON-DUAL STATUS TECHNICIANS DE- (A) by striking paragraphs (2) and (3); and ‘‘(3) Cumulative service of at least one year FINED.—In this section, the term ‘‘non-dual (B) by redesignating paragraph (4) as para- on one or more headquarters staffs within a status technician’’ has the meaning given graph (2). United States or multinational joint task the term in section 10217(a) of title 10, United (b) DESIGNATION OF JOINT SPECIALTY GEN- force. States Code. ERAL AND FLAG OFFICER POSITIONS.—Section ‘‘(4) Service in a second joint duty assign- SEC. 415. AUTHORIZED STRENGTHS FOR MARINE 661 of such title is further amended— ment for not less than 24 months, without re- CORPS RESERVE OFFICERS IN AC- (1) by redesignating subsection (f) as sub- gard to how much of the officer’s service in TIVE STATUS IN GRADES BELOW section (g); and the first joint duty assignment has been GENERAL OFFICER. (2) by inserting after subsection (e) the fol- credited as service in a joint duty assign- (a) INCREASED STRENGTHS FOR FIELD GRADE lowing new subsection (f): ment. AND COMPANY GRADE OFFICERS.—Section ‘‘(f) JOINT SPECIALTY OFFICER DESIGNATION ‘‘(5) Any service in a joint duty assignment 12005(c)(1), of title 10, United States Code, is FOR GENERAL AND FLAG POSITIONS.—(1) The if the Secretary of Defense has granted a amended by amending the table to read as Secretary of Defense shall ensure that the waiver for such officer under subsection (d). follows: general and flag officer positions required to ‘‘(c) STANDARD LENGTH OF JOINT DUTY AS- ‘‘Colonel ...... 2 percent be filled by officers with the joint specialty SIGNMENTS.—The Secretary of Defense shall ‘‘Lieutenant colonel ...... 8 percent as joint duty assignments are designated as prescribe in regulations, for each installa- ‘‘Major ...... 16 percent such. tion and other location authorized joint duty ‘‘Captain ...... 39 percent ‘‘(2) An officer without the joint specialty assignment positions, the standard length of ‘‘First lieutenant and sec- may be assigned to a position designated the joint duty assignments in such positions ond lieutenant (when under paragraph (1) only if the Secretary of at that installation or other location, as the combined with the num- Defense determines that the assignment of case may be. ber authorized for gen- that officer to such position is necessary and ‘‘(d) WAIVER AUTHORITY.—The Secretary of eral officer grades under waives the requirement to assign an officer Defense may waive the applicability of this section 12004 of this title) 35 percent.’’. with the joint specialty to that position.’’. section in the case of any particular officer (b) EFFECTIVE DATE.—The amendment if the Secretary determines that it is in the made by subsection (a) shall take effect on SEC. 503. REVISED PROMOTION POLICY OBJEC- TIVES FOR JOINT OFFICERS. national security interests of the United October 1, 2004. (a) QUALIFICATIONS.—Subsection (a) of sec- States to do so.’’. Subtitle C—Authorizations of Appropriations tion 662 of title 10, United States Code, is SEC. 505. REPEAL OF MINIMUM PERIOD RE- SEC. 421. AUTHORIZATION OF APPROPRIATIONS amended to read as follows: QUIREMENT FOR PHASE II JOINT FOR MILITARY PERSONNEL. ‘‘(a) QUALIFICATIONS.—(1) The Secretary of PROFESSIONAL MILITARY EDU- There is hereby authorized to be appro- a military department shall prescribe for the CATION. Section 663 of title 10, United States Code, priated to the Department of Defense for officers in each of the armed forces under the is amended by striking subsection (e). military personnel for fiscal year 2005 a total jurisdiction of such Secretary policies and of $104,535,458,000. The authorization in the procedures to ensure that an adequate num- SEC. 506. REVISED DEFINITIONS APPLICABLE TO JOINT DUTY. preceding sentence supersedes any other au- ber of senior colonels, or in the case of the (a) JOINT DUTY ASSIGNMENT.—Subsection thorization of appropriations (definite or in- Navy, senior captains, who are serving in or (b)(2) of section 668 of title 10, United States definite) for such purpose for fiscal year 2005. have served in joint duty assignments meet Code, is amended by striking ‘‘a list’’ in the SEC. 422. ARMED FORCES RETIREMENT HOME. the requirements of section 619a of this title matter preceding subparagraph (A) and in- There is hereby authorized to be appro- for eligibility for promotion to brigadier serting ‘‘a joint duty assignment list’’. priated for fiscal year 2005 from the Armed general and rear admiral (lower half). (b) TOUR OF DUTY.—Subsection (c) of such ‘‘(2) The Secretary of Defense shall ensure Forces Retirement Home Trust Fund the section is amended to read as follows: that the qualifications of officers assigned to sum of $61,195,000 for the operation of the ‘‘(c) TOUR OF DUTY.—In this chapter, the Armed Forces Retirement Home. joint duty assignments are such that— term ‘tour of duty’ includes two or more con- TITLE V—MILITARY PERSONNEL POLICY ‘‘(A) officers who are serving on or have secutive tours of duty in joint duty assign- served on the Joint Staff are expected, as a Subtitle A—Joint Officer Personnel ment positions that is credited as service in group, to be promoted to the next higher Management a joint duty assignment under this chap- grade at a rate not less than the rate for offi- ter.’’. SEC. 501. MODIFICATION OF CONDITIONS OF ELI- cers of the same armed force in the same GIBILITY FOR WAIVER OF JOINT grade and competitive category who are Subtitle B—Other Officer Personnel Policy DUTY CREDIT REQUIREMENT FOR SEC. 511. TRANSITION OF ACTIVE-DUTY LIST OF- PROMOTION TO GENERAL OR FLAG serving on the headquarters staff of their armed force; and FICER FORCE TO A FORCE OF ALL OFFICER. REGULAR OFFICERS. ‘‘(B) officers who are serving in or have (a) CAREER FIELD SPECIALTIES WITH NO (a) ORIGINAL APPOINTMENTS AS COMMIS- served in joint duty assignments are ex- JOINT REQUIREMENTS.—Paragraph (2) of sec- SIONED OFFICERS.—(1) Section 532 of title 10, pected, as a group, to be promoted to the tion 619a(b) of title 10, United States Code, is United States Code, is amended by striking next higher grade at a rate not less than the amended by striking ‘‘scientific and tech- subsection (e). rate for all officers of the same armed force nical qualifications’’ and inserting ‘‘career (2) Subsection (a)(2) of such section is in the same grade and competitive category. field specialty qualifications’’. amended by striking ‘‘fifty-fifth birthday’’ ‘‘(3) The Secretary of Defense shall pre- (b) OFFICERS SELECTED FOR PROMOTION and inserting ‘‘sixty-second birthday’’. WHILE IN JOINT DUTY ASSIGNMENT.—Para- scribe policies to ensure that the Secretaries (3)(A) Such section 532, as amended by graph (4) of such section is amended by strik- of the military departments provide for pro- paragraph (1), is further amended by adding ing ‘‘if—’’ and all that follows and inserting motion selection boards to give appropriate at the end the following new subsection (e): ‘‘if the officer’s total consecutive service in consideration to officers who are serving in ‘‘(e) For an original appointment in a joint duty assignments meets the require- or have served in joint duty assignments and grade below major or, in the case of the ments of section 664 of this title for credit are eligible for consideration by such Navy, a grade below lieutenant commander for having completed a full tour of duty in a boards.’’. under subsection (a), the Secretary of De- joint duty assignment.’’. (b) CONFORMING AMENDMENT.—Subsection fense may waive the applicability of the re- SEC. 502. MANAGEMENT OF JOINT SPECIALTY OF- (b) of such section is amended by striking quirement of subsection (a)(1) to an alien FICERS. ‘‘paragraphs (1), (2), and (3) of subsection (a)’’ lawfully admitted to permanent residence in (a) EDUCATION AND EXPERIENCE REQUIRE- and inserting ‘‘subparagraphs (A) and (B) of the United States when the Secretary deter- MENTS.—(1) Subsection (c) of section 661 of subsection (a)(2)’’. mines that it is the national security inter- title 10, United States Code, is amended by SEC. 504. LENGTH OF JOINT DUTY ASSIGNMENTS. ests of the United States to do so.’’. striking paragraph (1) and inserting the fol- Section 664 of title 10, United States Code, (B) Section 619(d) of title 10, United States lowing: ‘‘(1) An officer shall have the joint is amended by striking subsection (b) and all Code, is amended by adding at the end the specialty (and shall be designated with a that follows and inserting the following new following new paragraph: joint specialty officer identifier) upon— subsections: ‘‘(5) An officer in the grade of captain or, ‘‘(A) successfully completing (in any se- ‘‘(b) FULL CREDIT FOR JOINT DUTY.—An of- in the case of the Navy, lieutenant who is quence)— ficer shall be credited with having completed not a citizen of the United States.’’.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.073 S06PT1 S7608 CONGRESSIONAL RECORD — SENATE July 6, 2004 (4) Section 531(a) of such title is amended ‘‘(2) An officer transferred from the active- number of brigadier generals and Navy rear to read as follows: duty list of an armed force to a reserve ac- admirals (lower half) on the active-duty list ‘‘(a)(1) Original appointments in the grades tive-status list of an armed force under sec- who are authorized as described in sub- of second lieutenant through captain in the tion 647 of this title is not required to subsection (a) to wear the insignia for the grade Regular Army, Regular Air Force, and Reg- scribe to the oath referred to in paragraph of major general or rear admiral (upper half), ular Marine Corps and in the grades of en- (1) in order to qualify for an appointment as the case may be, may not exceed 30.’’. sign through lieutenant in the Regular Navy under that paragraph.’’. SEC. 515. STUDY REGARDING PROMOTION ELIGI- shall be made by the President. The Presi- (4) Section 12203 of such title is amended— BILITY OF RETIRED WARRANT OFFI- dent may delegate to the Secretary of De- (A) by redesignating subsection (b) as sub- CERS RECALLED TO ACTIVE DUTY. fense authority to make such appointments. section (c); and (a) REQUIREMENT FOR STUDY.—The Sec- ‘‘(2) Original appointments in the grades of (B) by inserting after subsection (a) the retary of Defense shall carry out a study to major, lieutenant colonel, and colonel in the following new subsection (b): determine whether it would be equitable for Regular Army, Regular Air Force, and Reg- ‘‘(b) Subject to the authority, direction, retired warrant officers on active duty, but ular Marine Corps and in the grades of lieu- and control of the President, the Secretary not on the active-duty list by reason of sec- tenant commander, commander, and captain concerned may appoint as a reserve commis- tion 582(2) of title 10, United States Code, to in the Regular Navy shall be made by the sioned officer any regular officer transferred be eligible for consideration for promotion President, by and with the advice and con- from the active-duty list of an armed force under section 573 of such title. (b) REPORT.—Not later than 180 days after sent of the Senate.’’. to the reserve active-status list of a reserve the date of the enactment of this Act, the (b) REPEAL OF TOTAL STRENGTH LIMITATION component under section 647 of this title, Secretary of Defense shall submit to Con- FOR ACTIVE DUTY REGULAR COMMISSIONED notwithstanding the requirements of sub- gress a report on the results of the study FFICERS section (a).’’. O .—(1) Section 522 of title 10, United under subsection (a). The report shall in- (5) Section 531 of such title is amended by States Code, is repealed. clude a discussion of the Secretary’s deter- adding at the end the following new sub- (2) The table of sections at the beginning of mination regarding the issue covered by the section: chapter 32 of such title is amended by strik- study, the rationale for the Secretary’s de- ‘‘(c) Subject to the authority, direction, ing the item relating to section 522. termination, and any recommended legisla- and control of the President, an original ap- (c) FORCE SHAPING AUTHORITY.—(1)(A) Sub- tion that the Secretary considers appro- pointment as a commissioned officer in the chapter V of chapter 36 of such title is priate regarding that issue. amended by adding at the end the following Regular Army, Regular Air Force, Regular new section: Navy, or Regular Marine Corps may be made Subtitle C—Reserve Component Personnel by the Secretary concerned in the case of a Policy ‘‘§ 647. Force shaping authority reserve commissioned officer upon the trans- SEC. 521. REPEAL OF EXCLUSION OF ACTIVE ‘‘(a) AUTHORITY.—The Secretary concerned fer of such officer from the reserve active- DUTY FOR TRAINING FROM AUTHOR- may, solely for the purpose of restructuring ITY TO ORDER RESERVES TO ACTIVE status list of a reserve component of the DUTY. an armed force under the jurisdiction of that armed forces to the active-duty list of an Secretary— (a) GENERAL AUTHORITY TO ORDER RE- armed force, notwithstanding the require- SERVES TO ACTIVE DUTY.—Section 12301 of ‘‘(1) discharge an officer described in sub- ments of subsection (a).’’. section (b); or title 10, United States Code, is amended— (d) ACTIVE-DUTY READY RESERVE OFFICERS (1) in the first sentence of subsection (a), ‘‘(2) transfer such an officer from the ac- NOT ON ACTIVE-DUTY LIST.—Section 641(1)(F) tive-duty list of that armed force to the re- by striking ‘‘(other than for training)’’; of such title is amended by striking ‘‘section (2) in subsection (c)— serve active-status list of a reserve compo- 12304’’ and inserting ‘‘sections 12302 and nent of that armed force. (A) by striking ‘‘(other than for training)’’ 12304’’. and inserting ‘‘as described in subsection ‘‘(b) COVERED OFFICERS.—(1) The authority (e) ALL REGULAR OFFICER APPOINTMENTS (a)’’ in the first sentence; and under this section may be exercised in the FOR STUDENTS ATTENDING THE UNIVERSITY OF (B) by striking ‘‘(other than for training)’’ case of an officer who— HEALTH SCIENCES.—Section 2114(b) of such in the second sentence; and ‘‘(A) has completed not more than 5 years title is amended by striking ‘‘Notwith- (3) in subsection (e), by striking ‘‘(other of service as a commissioned officer in the standing any other provision of law, they than for training)’’ and inserting ‘‘as de- armed forces; or shall serve’’ and all that follows through ‘‘if scribed in subsection (a)’’. ‘‘(B) has completed more than 5 years of qualified,’’ and inserting ‘‘Notwithstanding (b) READY RESERVE 24-MONTH CALLUP AU- service as a commissioned officer in the any other provision of law, they shall be ap- THORITY.—Section 12302 of such title is armed forces, but has not completed a min- pointed as regular officers in the grade of O– amended by striking ‘‘(other than for train- imum service obligation applicable to that 1 and shall serve on active duty in that ing)’’ in subsections (a) and (c). member. grade. Upon graduation they shall be re- (c) SELECTED RESERVE AND INDIVIDUAL ‘‘(2) In this subsection, the term ‘minimum quired to serve on active duty’’. READY RESERVE 270-DAY CALLUP AUTHOR- service obligation’ means the initial period (f) EFFECTIVE DATE.—This section and the ITY.—Section 12304(a) of such title is amend- of required active duty service together with amendments made by this section shall take ed by striking ‘‘(other than for training)’’. any additional period of required active duty effect 180 days after the date of the enact- (d) STANDBY RESERVE CALLUP AUTHORITY.— service incurred during the initial period of ment of this Act. Section 12306 of such title is amended— required active duty service. SEC. 512. ELIGIBILITY OF NAVY STAFF CORPS OF- (1) in subsection (a), by striking ‘‘active ‘‘(c) APPOINTMENT OF TRANSFERRED OFFI- FICERS TO SERVE AS DEPUTY duty (other than for training) only as pro- CERS.—An officer of the Regular Army, Reg- CHIEFS OF NAVAL OPERATIONS AND vided in section 12301 of this title’’ and in- ular Air Force, Regular Navy, or Regular ASSISTANT CHIEFS OF NAVAL OPER- serting ‘‘active duty only as provided in sec- ATIONS. Marine Corps who is transferred to a reserve tion 12301 of this title, but subject to the (a) DEPUTY CHIEFS OF NAVAL OPERATIONS.— active-status list under this section shall be limitations in subsection (b)’’; and Section 5036(a) of title 10, United States discharged from the regular component con- (2) in subsection (b)— Code, is amended by striking ‘‘in the line’’. cerned and appointed as a reserve commis- (A) in paragraph (1), by striking ‘‘(other (b) ASSISTANT CHIEFS OF NAVAL OPER- sioned officer under section 12203 of this than for training)’’ and inserting ‘‘under sec- title. ATIONS.—Section 5037(a) of such title is amended by striking ‘‘in the line’’. tion 12301(a) of this title’’; and ‘‘(d) REGULATIONS.—The Secretary con- (B) in paragraph (2), by striking ‘‘no other SEC. 513. ONE-YEAR EXTENSION OF AUTHORITY cerned shall prescribe regulations for the ex- member’’ and all that follows through ‘‘with- ercise of the Secretary’s authority under TO WAIVE JOINT DUTY EXPERIENCE AS ELIGIBILITY REQUIREMENT FOR out his consent’’ and inserting ‘‘notwith- this section.’’. APPOINTMENT OF CHIEFS OF RE- standing section 12301(a) of this title, no (B) The table of sections at the beginning SERVE COMPONENTS. other member in the Standby Reserve may of such subchapter is amended by adding at Sections 3038(b)(4), 5143(b)(4), 5144(b)(4), and be ordered to active duty as an individual the end the following new item: 8038(b)(4) of title 10, United States Code, are under such section without his consent’’. ‘‘647. Force shaping authority.’’. amended by striking ‘‘December 31, 2004’’ and SEC. 522. EXCEPTION TO MANDATORY RETEN- (2) Section 1174(e)(2)(B) of such title is inserting ‘‘December 31, 2005’’. TION OF RESERVES ON ACTIVE amended by inserting after ‘‘obligated serv- SEC. 514. LIMITATION ON NUMBER OF OFFICERS DUTY TO QUALIFY FOR RETIREMENT ice’’ the following: ‘‘, unless the member is FROCKED TO MAJOR GENERAL AND PAY. an officer discharged or released under the REAR ADMIRAL (UPPER HALF). Section 12686(a) of title 10, United States authority of section 647 of this title’’. Section 777(d) of title 10, United States Code, is amended by inserting ‘‘(other than (3) Section 12201(a) of such title is amend- Code, is amended— retired pay for non-regular service under ed— (1) by redesignating paragraphs (1) and (2) chapter 1223 of this title)’’ after ‘‘a purely (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; as paragraphs (2) and (3), respectively; and military retirement system’’. (B) in the first sentence, by inserting ‘‘, ex- (2) by striking ‘‘(d) LIMITATION ON NUMBER Subtitle D—Education and Training cept as provided in paragraph (2),’’ after ‘‘the OF OFFICERS FROCKED TO SPECIFIED SEC. 531. ONE-YEAR EXTENSION OF ARMY COL- armed force concerned and’’; and GRADES.—’’ and inserting the following: LEGE FIRST PILOT PROGRAM. (C) by adding at the end the following new ‘‘(d) LIMITATION ON NUMBER OF OFFICERS Section 573(h) of the National Defense Au- paragraph: FROCKED TO SPECIFIED GRADES.—(1) The total thorization Act for Fiscal Year 2000 (Public

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Law 106–65; 10 U.S.C. 513 note), is amended by (b) CLERICAL AMENDMENTS.—Subtitle D of applied to Army personnel in the awarding of striking ‘‘September 30, 2004’’ and inserting title 10, United States Code, is amended— such badges for Army service in the Republic ‘‘December 31, 2005’’. (1) in the table of sections at the beginning of Korea in comparison to the standards ap- SEC. 532. MILITARY RECRUITER EQUAL ACCESS of chapter 867, by striking the item relating plied to Army personnel in the awarding of TO CAMPUS. to section 8921; and such badges for Army service in other areas Subsection (b)(1) of section 983 of title 10, (2) in the table of sections at the beginning of operations. United States Code, is amended— of chapter 903, by striking the item relating Subtitle F—Military Justice (1) by striking ‘‘entry to campuses’’ and in- to section 9333a. SEC. 551. REDUCED BLOOD ALCOHOL CONTENT serting ‘‘access to campuses’’; and Subtitle E—Decorations, Awards, and LIMIT FOR OFFENSE OF DRUNKEN (2) by inserting before the semicolon at the Commendations OPERATION OF A VEHICLE, AIR- end the following: ‘‘in a manner that is at CRAFT, OR VESSEL. SEC. 541. AWARD OF MEDAL OF HONOR TO INDI- least equal in quality and scope to the degree VIDUAL INTERRED IN THE TOMB OF Section 911(b)(3) of title 10, United States of access to campuses and to students that is THE UNKNOWNS AS REPRESENTA- Code (article 111(b)(3) of the Uniform Code of provided to any other employer’’. TIVE OF CASUALTIES OF A WAR. Military Justice), is amended by striking SEC. 533. EXCLUSION FROM DENIAL OF FUNDS (a) AWARD TO INDIVIDUAL AS REPRESENTA- ‘‘0.10 grams’’ in both places it appears and FOR PREVENTING ROTC ACCESS TO TIVE.—Chapter 57 of title 10, United States inserting ‘‘0.08 grams’’. CAMPUS OF AMOUNTS TO COVER IN- Code, is amended by adding at the end the SEC. 552. WAIVER OF RECOUPMENT OF TIME DIVIDUAL COSTS OF ATTENDANCE following new section: LOST FOR CONFINEMENT IN CON- AT INSTITUTIONS OF HIGHER EDU- NECTION WITH A TRIAL. ‘‘§ 1134. Medal of honor: award to individual CATION. Section 972 of title 10, United States Code, interred in Tomb of the Unknowns as rep- (a) CODIFICATION AND EXTENSION OF EXCLU- is amended by adding at the end the fol- resentative of casualties of a war SION.—Subsection (d) of section 983 of title lowing new subsection: 10, United States Code, is amended— ‘‘The medal of honor awarded post- ‘‘(c) WAIVER OF RECOUPMENT OF TIME LOST (1) by striking ‘‘The’’ after ‘‘(1)’’ and in- humously to a deceased member of the FOR CONFINEMENT.—The Secretary concerned serting ‘‘Except as provided in paragraph (3), armed forces who, as an unidentified cas- shall waive liability for a period of confine- the’’; and ualty of a particular war or other armed con- ment in connection with a trial under sub- (2) by adding at the end the following new flict, is interred in the Tomb of the Un- section (a)(3), or exclusion of a period of con- paragraph: knowns at Arlington National Cemetery, finement in connection with a trial under ‘‘(3) Any Federal funding specified in para- Virginia, is awarded to the member as the subsection (b)(3), in a case upon the occur- graph (1) that is provided to an institution of representative of the members of the armed rence of any of the following events: higher education, or to an individual, to be forces who died in such war or other armed ‘‘(1) For each charge— available solely for student financial assist- conflict and whose remains have not been ‘‘(A) the charge is dismissed before or dur- ance, related administrative costs, or costs identified, and not to the individual person- ing trial in a final disposition of the charge; associated with attendance, may be used for ally.’’. or the purpose for which the funding is pro- (b) CLERICAL AMENDMENT.—The table of ‘‘(B) the trial results in an acquittal of the vided.’’. sections at the beginning of such chapter is charge. (b) CONFORMING AMENDMENTS.—Sub- amended by adding at the end the following ‘‘(2) For each charge resulting in a convic- sections (a) and (b) of such section are new item: tion in such trial— amended by striking ‘‘(including a grant of ‘‘1134. Medal of honor: award to individual ‘‘(A) the conviction is set aside in a final funds to be available for student aid)’’. interred in Tomb of the Un- disposition of such charge, other than in a (c) CONFORMING REPEAL OF CODIFIED PROVI- knowns as representative of grant of clemency; or SION.—Section 8120 of the Department of De- casualties of a war.’’. ‘‘(B) a judgment of acquittal or a dismissal fense Appropriations Act, 2000 (Public Law SEC. 542. SEPARATE CAMPAIGN MEDALS FOR OP- is entered upon a reversal of the conviction 106–79; 10 U.S.C. 983 note), is repealed. ERATION ENDURING FREEDOM AND on appeal.’’. SEC. 534. TRANSFER OF AUTHORITY TO CONFER FOR OPERATION IRAQI FREEDOM. SEC. 553. DEPARTMENT OF DEFENSE POLICY AND DEGREES UPON GRADUATES OF THE (a) REQUIREMENT.—The President shall es- PROCEDURES ON PREVENTION AND COMMUNITY COLLEGE OF THE AIR tablish a campaign medal specifically to rec- RESPONSE TO SEXUAL ASSAULTS IN- FORCE. ognize service by members of the uniformed VOLVING MEMBERS OF THE ARMED (a) AUTHORITY OF AIR UNIVERSITY COM- services in Operation Enduring Freedom and FORCES. MANDER.—Subsection (a) of section 9317 of a separate campaign medal specifically to (a) COMPREHENSIVE POLICY ON PREVENTION title 10, United States Code, is amended— recognize service by members of the uni- AND RESPONSE TO SEXUAL ASSAULTS.—(1) Not (1) by striking ‘‘and’’ at the end of para- formed services in Operation Iraqi Freedom. later than January 1, 2005, the Secretary of graph (2); (b) ELIGIBILITY.—Subject to such limita- Defense shall develop a comprehensive policy (2) by striking the period at the end of tions as may be prescribed by the President, for the Department of Defense on the preven- paragraph (3) and inserting ‘‘; and’’; and eligibility for a campaign medal established tion of and response to sexual assaults in- (3) by adding at the end the following new pursuant to subsection (a) shall be set forth volving members of the Armed Forces. paragraph: in regulations to be prescribed by the Sec- (2) The policy shall be based on the rec- ‘‘(4) an associate level degree upon grad- retary concerned (as defined in section 101 of ommendations of the Department of Defense uates of the Community College of the Air title 10, United States Code). In the case of Task Force on Care for Victims of Sexual As- Force who fulfill the requirements for that regulations prescribed by the Secretaries of saults and on such other matters as the Sec- degree.’’. the military departments, the regulations retary considers appropriate. (b) ELEMENTS OF COMPREHENSIVE POLICY.— (b) TERMINATION OF EXISTING AUTHORITY.— shall be subject to approval by the Secretary The policy developed under subsection (a) (1) Paragraph (1) of section 9315(c) of such of Defense and shall be uniform throughout shall address the following matters: title is amended by striking ‘‘the com- the Department of Defense. mander’’ and all that follows through ‘‘at the (1) Prevention measures. level of associate’’ and inserting ‘‘an aca- SEC. 543. PLAN FOR REVISED CRITERIA AND ELI- (2) Education and training on prevention GIBILITY REQUIREMENTS FOR demic degree at the level of associate may be AWARD OF COMBAT INFANTRYMAN and response. conferred under section 9317 of this title’’. BADGE AND COMBAT MEDICAL (3) Investigation of complaints by com- (2) Paragraph (2) of such section is amend- BADGE FOR SERVICE IN KOREA mand and law enforcement personnel. ed by striking ‘‘Air Education and Training AFTER JULY 28, 1953. (4) Medical treatment of victims. Command of the Air Force’’ and inserting (a) REQUIREMENT FOR PLAN.—Not later (5) Confidential reporting of incidents. ‘‘Air University’’. than 90 days after the date of the enactment (6) Victim advocacy and intervention. (c) CONFORMING AND CLERICAL AMEND- of this Act, the Secretary of the Army shall (7) Oversight by commanders of adminis- MENTS.—(1) The heading of section 9317 of submit to the Committees on Armed Serv- trative and disciplinary actions in response title 10, United States Code, is amended by ices of the Senate and the House of Rep- to substantiated incidents of sexual assault. striking ‘‘graduate-level degrees’’ and insert- resentatives a plan for revising the Army’s (8) Disposition of victims of sexual assault, ing ‘‘conferral of degrees’’. criteria and eligibility requirements for including review by appropriate authority of (2) The item relating to such section in the award of the Combat Infantryman Badge and administrative separation actions involving table of sections at the beginning of chapter the Combat Medical Badge for service in the victims of sexual assault. 901 of such title is amended to read as fol- Republic of Korea after July 28, 1953, to ful- (9) Disposition of members of the Armed lows: fill the purpose stated in subsection (b). Forces accused of sexual assault. ‘‘9317. Air University: conferral of degrees.’’. (b) PURPOSE OF REVISED CRITERIA AND ELI- (10) Liaison and collaboration with civilian SEC. 535. REPEAL OF REQUIREMENT FOR OFFI- GIBILITY REQUIREMENTS.—The purpose for re- agencies on the provision of services to vic- CER TO RETIRE UPON TERMINATION vising the criteria and eligibility require- tims of sexual assault. OF SERVICE AS SUPERINTENDENT ments for award of the Combat Infantryman (11) Uniform collection of data on the inci- OF THE AIR FORCE ACADEMY. Badge and the Combat Medical Badge for dence of sexual assaults and on disciplinary (a) REPEALS.—Sections 8921 and 9333a of service in the Republic of Korea after July actions taken in substantiated cases of sex- title 10, United States Code, are repealed. 28, 1953, is to ensure fairness in the standards ual assault.

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(c) REPORT ON IMPROVEMENT OF CAPABILITY volving members of the Armed Force con- while remaining overnight between succes- TO RESPOND TO SEXUAL ASSAULTS.—Not later cerned during the preceding year. sive periods of inactive-duty training, at or than March 1, 2005, the Secretary of Defense (2) Each report on an Armed Force under in the vicinity of the site of the inactive shall submit to Congress a proposal for such paragraph (1) shall contain the following: duty, if the site is outside reasonable com- legislation as the Secretary considers nec- (A) The number of sexual assaults against muting distance of the member’s resi- essary to enhance the capability of the De- members of the Armed Force, and the num- dence;’’. partment of Defense to address matters re- ber of sexual assaults by members of the (4) Section 1471(b)(3)(A) of such title is lating to sexual assaults involving members Armed Force, that were reported to military amended by striking ‘‘for training’’ in of the Armed Forces. officials during the year covered by such re- clauses (ii) and (iii). (d) APPLICATION OF COMPREHENSIVE POLICY port, and the number of the cases so reported (5) Section 1478(a) of such title is amend- TO MILITARY DEPARTMENTS.—The Secretary cases that were substantiated. ed— shall ensure that, to the maximum extent (B) A synopsis of and the disciplinary ac- (A) in paragraph (3)— practicable, the policy developed under sub- tion taken in each substantiated case. (i) by striking ‘‘from inactive duty train- section (a) is implemented uniformly by the (C) The policies, procedures, and processes ing’’ and inserting ‘‘from the location of in- military departments. implemented by the Secretary concerned active duty’’; and (e) POLICIES AND PROCEDURES OF MILITARY during the year covered by such report in re- (ii) by striking ‘‘on inactive duty training’’ DEPARTMENTS.—(1) Not later than March 1, sponse to incidents of sexual assault involv- and inserting ‘‘on inactive duty’’; 2005, the Secretaries of the military depart- ing members of the Armed Force concerned. (B) in paragraph (7)— ments shall prescribe regulations, or modify (D) A plan for the actions that are to be (i) by striking ‘‘inactive duty training’’ current regulations, on the policies and pro- taken in the year following the year covered and inserting ‘‘inactive duty’’; and cedures of the military departments on the by such report on the prevention of and re- (ii) by striking ‘‘or training’’; and prevention of and response to sexual assaults sponse to sexual assault involving members (C) in paragraph (8), by striking ‘‘inactive involving members of the Armed Forces in of the Armed Forces concerned. duty training’’ both places it appears and in- order— (3) Each report under paragraph (1) in 2006, serting ‘‘inactive duty’’. (A) to conform such policies and proce- 2007, and 2008 shall also include the assess- (6) Section 12317 of such title is amended dures to the policy developed under sub- ment conducted by the Secretary concerned by striking ‘‘, or to participate in inactive section (a); and under subsection (f). duty training,’’ and inserting ‘‘inactive (B) to ensure that such policies and proce- (4) The Secretary of Defense shall transmit duty’’. dures include the elements specified in para- to the Committees on Armed Services of the (7) Section 12319(c) of such title is amend- graph (2). Senate and the House of Representatives ed— (2) The elements specified in this para- each report submitted to the Secretary (A) by striking ‘‘inactive-duty training’’ graph are as follows: under this subsection, together with the both places it appears and inserting ‘‘inac- (A) A program to promote awareness of the comments of the Secretary on each such re- tive duty’’; and incidence of sexual assaults involving mem- port. The Secretary shall transmit the re- (B) by striking ‘‘that training)’’ and insert- bers of the Armed Forces. port on 2004 not later than May 1, 2005, and ing ‘‘that duty)’’. (B) A program to provide victim advocacy shall transmit the report on any year after (8) Section 12603(a) of such title is amend- and intervention for members of the Armed 2004 not later than March 15 of the year fol- ed— Force concerned who are victims of sexual lowing such year. (A) by striking ‘‘inactive duty training’’ assault, which program shall make avail- (h) SEXUAL ASSAULT DEFINED.—In this sec- and inserting ‘‘inactive duty’’; and able, at home stations and in deployed location, the term ‘‘sexual assault’’ includes (B) by striking ‘‘the training’’ and insert- tions, trained advocates who are readily rape, acquaintance rape, sexual assault, and ing ‘‘such duty’’. available to intervene on behalf of such vic- other criminal sexual offenses. (9) Section 12604(a) of such title is amended tims. Subtitle G—Scope of Duties of Ready Reserve by striking ‘‘to inactive-duty training’’ and (C) Procedures for members of the Armed Personnel in Inactive Duty Status inserting ‘‘to perform inactive duty’’. Force concerned to follow in the case of an (10)(A) The headings for sections 1204, 1206, incident of sexual assault involving a mem- SEC. 561. REDESIGNATION OF INACTIVE-DUTY TRAINING TO ENCOMPASS OPER- 12603, and 18505 of such title are amended by ber of such Armed Force, including— ATIONAL AND OTHER DUTIES PER- striking ‘‘inactive-duty training’’ and insert- (i) specification of the person or persons to FORMED BY RESERVES WHILE IN IN- ing ‘‘inactive duty’’. whom the alleged offense should be reported; ACTIVE DUTY STATUS. (B) The heading for section 1475 of such (ii) specification of any other person whom (a) REDESIGNATION OF DUTY STATUS.—(1) title is amended by striking ‘‘training’’. the victim should contact; The duty status applicable to members of (C) The heading for section 1476 of such (iii) procedures for the preservation of evi- the reserve components of the Armed Forces title is amended by striking ‘‘or training’’. dence; and that is known as ‘‘inactive-duty training’’ is (D) The heading for section 12604 of such (iv) procedures for confidential reporting redesignated as ‘‘inactive duty’’. title is amended by striking ‘‘attending inac- and for contacting victim advocates. (2) Any reference that is made in any law, tive-duty training’’ and inserting ‘‘per- (D) Procedures for disciplinary action in regulation, document, paper, or other record forming inactive duty’’. cases of sexual assault by members of the of the United States to inactive-duty train- (11)(A) The table of sections at the begin- Armed Force concerned. ing, as such term applies to members of the ning of chapter 61 of such title is amended— (E) Other sanctions authorized to be im- reserve components of the Armed Forces, (i) by striking the item relating to section posed in substantiated cases of sexual as- shall be deemed to be a reference to inactive 1204 and inserting the following: sault, whether forcible or nonforcible, by duty. ‘‘1204. Members on active duty for 30 days or members of the Armed Force concerned. (b) TITLE 10 CONFORMING AND CLERICAL less or on inactive duty: retire- (F) Training on the policies and procedures AMENDMENTS.—(1) The following provisions ment.’’; for all members of the Armed Force con- of title 10, United States Code, are amended cerned, including specific training for mem- by striking ‘‘inactive-duty training’’ each and bers of the Armed Force concerned who proc- place it appears and inserting ‘‘inactive (ii) by striking the item relating to section ess allegations of sexual assault against duty’’: sections 101(d)(7), 802(a)(3), 1206 and inserting the following: members of such Armed Force. 802(d)(2)(B), 802(d)(5)(B), 803(d), 936(a), 936(b), ‘‘1206. Members on active duty for 30 days or (G) Any other matters that the Secretary 976(a)(1)(C), 1061(b), 1074a(a), 1076(a)(2)(B), less or on inactive duty: separa- of Defense considers appropriate. 1076(a)(2)(C), 1204(2), 1448(f)(1)(B), tion.’’. (f) ANNUAL ASSESSMENT OF POLICIES AND 1476(a)(1)(B), 1476(a)(2)(A), 1481(a)(2), (B) The table of sections at the beginning PROCEDURES.—Not later than January 15, 9446(a)(3), 12602(a)(3), 12602(b)(3), and 18505(a). of subchapter II of chapter 75 of such title is 2006, and each year thereafter, each Sec- (2) The following provisions of such title amended by striking the items relating to retary of a military department shall con- are amended by striking ‘‘inactive duty sections 1475 and 1476 and inserting the fol- duct an assessment of the implementation training’’ each place it appears and inserting lowing: during the preceding fiscal year of the poli- ‘‘inactive duty’’: sections 1086(c)(2)(B), ‘‘1475. Death gratuity: death of members on cies and procedures of such department on 1175(e)(2), 1475(a)(2), 1475(a)(3), 2031(d)(2), and active duty or inactive duty the prevention of and response to sexual as- 10204(b). and of certain other persons. saults involving members of the Armed (3) Section 1206(2) of such title is amended ‘‘1476. Death gratuity: death after discharge Forces in order to determine the effective- by striking ‘‘in line of duty—’’ and all that or release from duty.’’. ness of such policies and procedures during follows through ‘‘residence; or’’ and insert- such fiscal year in providing an appropriate ing the following: ‘‘in line of duty while— (C) The table of sections at the beginning response to such sexual assaults. ‘‘(A) performing active duty or inactive of chapter 1217 of such title is amended by (g) ANNUAL REPORTS.—(1) Not later than duty; striking the items relating to sections 12603 April 1, 2005, and January 15 of each year ‘‘(B) traveling directly to or from the place and 12604 and inserting the following: thereafter, each Secretary of a military de- at which such duty is performed; or ‘‘12603. Attendance of inactive duty assem- partment shall submit to the Secretary of ‘‘(C) remaining overnight immediately be- blies: commercial travel at Defense a report on the sexual assaults in- fore the commencement of inactive duty, or Federal supply schedule rates.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0655 E:\CR\FM\A06JY6.073 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7611 ‘‘12604. Billeting in Department of Defense Stat. 1518) is amended by striking ‘‘inactive- by striking ‘‘inactive duty training’’ each facilities: Reserves performing duty training’’ and inserting ‘‘inactive place it appears and inserting ‘‘inactive inactive duty.’’. duty’’. duty’’: sections 106(d)(1), 1112(c)(3)(A)(ii), (D) The item relating to section 18505 in SEC. 562. REPEAL OF UNNECESSARY DUTY STA- 1302(b)(2), 1312(a)(2)(A), 1965(3), 1965(4), 1965(5), the table of sections at the beginning of TUS DISTINCTION FOR FUNERAL 1967(a)(1)(B), 1967(b), 1969(a)(3), 1977(e), 2402(2), chapter 1805 of such title is amended to read HONORS DUTY. 4303(13), and 4303(16). as follows: (a) TITLE 10 DUTY.—(1) Section 12503 of (2) Section 1968 of such title is amended— title 10, United States Code, is repealed. (A) by striking ‘‘inactive duty training’’ ‘‘18505. Reserves traveling for inactive duty: (2) Section 12552 of such title is repealed. and inserting ‘‘inactive duty’’— space-required travel on mili- (b) TITLE 32 DUTY.—(1) Section 115 of title (i) in subsection (a), in the matter pre- tary aircraft.’’. 32, United States Code, is repealed. ceding paragraph (1); (c) TITLE 14 CONFORMING AMENDMENT.— (2) Section 114 of such title is amended by (ii) in subsection (a)(3); and Sections 704 and 705(a) of title 14, United striking the second sentence. (iii) in subsection (b)(2); and States Code, are amended by striking ‘‘inac- (c) TITLE 10 CONFORMING AND CLERICAL (B) in subsection (a)(3)— tive-duty training’’ and inserting ‘‘inactive AMENDMENTS.—Title 10, United States Code, (i) by striking ‘‘such scheduled training pe- duty’’. is amended as follows: riod’’ and inserting ‘‘such period of scheduled (d) TITLE 37 CONFORMING AND CLERICAL (1) Section 1074a(a) is amended— duty’’; AMENDMENTS.—(1) Sections 101(22), (A) in paragraph (1)— (ii) by striking ‘‘the date of such training’’ 205(e)(2)(A), and 433(d) of title 37, United (i) by inserting ‘‘or’’ at the end of subpara- and inserting ‘‘the date on which such duty States Code, are amended by striking ‘‘inac- graph (A); period ends’’; and tive-duty training’’ each place it appears and (ii) by striking ‘‘; or’’ at the end of sub- (iii) by striking ‘‘such training termi- inserting ‘‘inactive duty’’. paragraph (B) and inserting a period; and nated’’ and inserting ‘‘on which such duty (2) Section 204 of such title is amended— (iii) by striking subparagraph (C); period ends’’. (A) in subsection (g)(1)— (B) in paragraph (2)— SEC. 564. CONFORMING AMENDMENTS TO OTHER (i) in subparagraphs (B) and (D), by strik- (i) by inserting ‘‘or’’ at the end of subpara- LAWS REFERRING TO FUNERAL ing ‘‘inactive-duty training’’ each place it graph (A); HONORS DUTY. appears and inserting ‘‘inactive duty’’ and (ii) by striking ‘‘; or’’ at the end of sub- (a) TITLE 5.—Section 6323(a)(1) of title 5, (ii) in subparagraph (C), by striking ‘‘or paragraph (B) and inserting a period; and United States Code, is amended by striking training’’; and (iii) by striking subparagraph (C); and ‘‘funeral honors duty (as described in section (B) in subsection (h)(1)— (C) by striking paragraph (4). 12503 of title 10 and section 115 of title 32),’’. (i) in subparagraphs (B) and (D), by strik- (2) Section 1076(a)(2) is amended by strik- (b) TITLE 38.—Section 4303(13) of title 38, ing ‘‘inactive-duty training’’ each place it ing subparagraph (E). United States Code, is amended— appears and inserting ‘‘inactive duty’’; and (3) Section 1204(2) is amended— (1) by inserting ‘‘and’’ after ‘‘full-time Na- (ii) in subparagraph (C), by striking ‘‘or (A) by inserting ‘‘or’’ at the end of subpara- tional Guard duty,’’; and training’’; and graph (A)(iii); (2) by striking ‘‘, and a period for which a (3) Section 206 of such title is amended— (B) by striking ‘‘or’’ at the end of subpara- person is absent from employment for the (A) in subsection (a)(3)— graph (B)(iii) and inserting a period; and purpose of performing funeral honors duty as (i) by striking clause (ii) of subparagraph (C) by striking subparagraph (C). authorized by section 12503 of title 10 or sec- (A) and inserting the following: (4) Section 1206(2) is amended by striking tion 115 of title 32.’’. ‘‘(ii) inactive duty;’’; ‘‘(B) while the member—’’ and all that fol- Subtitle H—Other Matters (ii) in subparagraph (B), by striking ‘‘or lows through ‘‘immediately before so serv- SEC. 571. ACCESSION OF PERSONS WITH SPE- training’’; and ing;’’. CIALIZED SKILLS. (iii) in subparagraph (C), by striking ‘‘inac- (5) Section 1481(a)(2) is amended— (a) INITIAL SERVICE OBLIGATION.—Sub- tive-duty training’’ each place it appears and (A) by inserting ‘‘or’’ at the end of subpara- section (a) of section 651 of title 10, United inserting ‘‘inactive duty’’; and graph (D); States Code, is amended— (B) in subsection (b)(1), by inserting ‘‘or (B) by striking ‘‘; or’’ at the end of sub- (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; duty’’ after ‘‘kind of training’’. paragraph (E) and inserting a period; and (2) by striking ‘‘deferred under the next to (4) Section 308d(a) of such title is amended (C) by striking subparagraph (F). the last sentence of section 6(d)(1) of the by striking ‘‘for training’’. (6) Section 12732(a)(2)(E) is amended by in- Military Selective Service Act (50 U.S.C. (5) Section 415 of such title is amended— serting ‘‘(as such section 12503 or 115, respec- App. 456(d)(1))’’ and inserting ‘‘described in (A) in subsection (a)(3), by striking ‘‘inac- tively, was in effect before the date of the paragraph (3)’’; and tive-duty training’’ and inserting ‘‘inactive enactment of the National Defense Author- (3) by adding at the end the following new duty’’; and ization Act for Fiscal Year 2005)’’ after ‘‘sec- paragraphs: (B) in subsection (c)(1), by striking ‘‘on in- tion 115 of title 32’’. ‘‘(2) The Secretary concerned may— active duty training status’’ and inserting (7)(A) The table of sections at the begin- ‘‘(A) waive the applicability of paragraph ‘‘inactive duty’’. ning of chapter 1213 is amended by striking (1) to a person who, as determined by the (6) Section 552 of such title is amended— the item relating to section 12503. Secretary concerned, is accessed into an (A) in subsection (a)— (B) The table of sections at the beginning armed force under the jurisdiction of that (i) by striking ‘‘performing inactive-duty of chapter 1215 is amended by striking the Secretary based on unique skills acquired in training,’’ in the matter preceding paragraph item relating to 12552. a civilian occupation and is to serve in that (1), and inserting ‘‘inactive duty,’’; and (c) TITLE 32 CLERICAL AMENDMENT.—The armed force in a specialty requiring those (ii) by striking ‘‘or inactive-duty training’’ table of sections at the beginning of chapter skills; and in the second sentence and inserting ‘‘or in- 1 of title 32, United States Code, is amended ‘‘(B) require any alternative period of obli- active duty’’; and by striking the item relating to section 115. gated service that the Secretary considers (B) in subsection (d), by striking ‘‘inactive- (d) TITLE 37 CONFORMING AMENDMENTS.— appropriate to meet the needs of the armed duty training’’ and inserting ‘‘on inactive Section 204 of title 37, United States Code, is force that such person is entering. duty’’. amended— ‘‘(3) The requirement under paragraph (1) (7)(A) The heading for section 206 of such (1) in subsection (g)(1)— does not apply to a person who is deferred title is amended by striking ‘‘inactive-duty (A) by inserting ‘‘or’’ at the end of subpara- under the next to the last sentence of section training’’ and inserting ‘‘inactive duty’’. graph (C); 6(d)(1) of the Military Selective Service Act (B) The item relating to such section in (B) by striking ‘‘; or’’ at the end of sub- (50 U.S.C. App. 456(d)(1)). the table of sections at the beginning of paragraph (D) and inserting a period; and (b) BASIC TRAINING PERIOD.—Subsection (c) chapter 3 of such title is amended to read as (C) by striking subparagraph (E); and of section 671 of such title is amended— follows: (2) in subsection (h)(1)— (1) by redesignating paragraph (2) as para- (A) by inserting ‘‘or’’ at the end of subparagraph (3); and ‘‘206. Reserves; members of National Guard: graph (C); (2) by striking ‘‘(c)(1)’’ and all that follows inactive duty.’’. (B) by striking ‘‘; or’’ at the end of sub- through ‘‘Any such period’’ in the second (8) The heading for subsection (c) of section paragraph (D) and inserting a period; and sentence of paragraph (1) and inserting the 305b of such title is amended by striking (C) by striking subparagraph (E). following: ‘‘DUTY TRAINING.—’’ and inserting ‘‘DUTY.— SEC. 563. CONFORMING AMENDMENTS TO OTHER ‘‘(c)(1) A period of basic training (or equiv- ’’. LAWS REFERRING TO INACTIVE- alent training) shorter than 12 weeks may be (9) The heading for subsection (e) of section DUTY TRAINING. established by the Secretary concerned for 320 of such title is amended by striking (a) TITLE 5.—Section 6323(a)(1) of title 5, members of the armed forces who, as deter- ‘‘DUTY TRAINING.—’’ and inserting ‘‘DUTY.— United States Code, is amended by striking mined by the Secretary under regulations ’’. ‘‘inactive-duty training’’ and inserting ‘‘in- prescribed under paragraph (3)— (e) PUBLIC LAW 108–136.—Section 644(c) of active duty’’. ‘‘(A) have been credentialed in a medical the National Defense Authorization Act for (b) TITLE 38.—(1) The following provisions profession or occupation and are serving in a Fiscal Year 2004 (Public Law 108–136; 117 of title 38, United States Code, are amended health-care occupational specialty; or

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.073 S06PT1 S7612 CONGRESSIONAL RECORD — SENATE July 6, 2004 ‘‘(B) have unique skills acquired in a civil- operating the State program during such sume the performance of active military ian occupation and are to serve in a military year.’’. service, including, in a few cases, the capa- specialty or position requiring those skills. (c) CONFORMING AND CLERICAL AMEND- bility to participate directly in the perform- ‘‘(2) Any period of basic training under MENTS.—(1) The heading of such section is ance of combat missions. paragraph (1)’’. amended to read as follows: (b) SENSE OF THE SENATE.—It is the sense SEC. 572. FEDERAL WRITE-IN BALLOTS FOR AB- ‘‘§ 509. National Guard Youth Challenge Pro- of the Senate that— SENTEE MILITARY VOTERS LO- gram of opportunities for civilian youth’’. (1) members of the Armed Forces who on CATED IN THE UNITED STATES. their own initiative are highly motivated to (2) The table of sections at the beginning of (a) DUTIES OF PRESIDENTIAL DESIGNEE.— return to active duty service following reha- chapter 5 of such title is amended by strik- Section 101(b)(3) of the Uniformed and Over- bilitation from injuries incurred in their ing the item relating to section 509 and in- seas Citizens Absentee Voting Act (42 U.S.C. service in the Armed Forces, after appro- serting the following new item: 1973ff(b)(3)) is amended by striking ‘‘overseas priate medical review should be given the op- voters’’ and inserting ‘‘absent uniformed ‘‘509. National Guard Youth Challenge Pro- portunity to present their cases for con- services voters and overseas voters’’. gram of opportunities for civil- tinuing to serve on active duty in varied (b) FEDERAL WRITE-IN ABSENTEE BALLOT.— ian youth.’’. military capacities; Section 103 of such Act (42 U.S.C. 1973ff–2) is SEC. 574. APPEARANCE OF VETERANS SERVICE (2) other than appropriate medical review, amended— ORGANIZATIONS AT PRESEP- there should be no barrier in policy or law to (1) in subsection (a), by striking ‘‘overseas ARATION COUNSELING PROVIDED such a member having the option to return voters’’ and inserting ‘‘absent uniformed BY THE DEPARTMENT OF DEFENSE. to military service on active duty; and services voters and overseas voters’’; (a) APPEARANCE TO COUNSELING FOR DIS- (3) the Secretary of Defense should develop (2) in subsection (b), by striking the second CHARGE OR RELEASE FROM ACTIVE DUTY.— specific protocols that expand options for sentence and inserting the following new Section 1142 of title 10, United States Code, such members to return to active duty serv- sentence: ‘‘A Federal write-in absentee bal- is amended by adding at the end the fol- ice and to be retrained to perform military lot of an absent uniformed services voter or lowing new subsection: missions for which they are fully capable. overseas voter shall not be counted— ‘‘(d) APPEARANCE BY VETERANS SERVICE OR- TITLE VI—COMPENSATION AND OTHER ‘‘(1) if the application of the absent uni- GANIZATIONS.—(1) The Secretary concerned formed services voter or overseas voter for a may permit a representative of a veterans PERSONNEL BENEFITS State absentee ballot is received by the ap- service organization to appear at and partici- Subtitle A—Pay and Allowances propriate State election official after the pate in any preseparation counseling pro- SEC. 601. GEOGRAPHIC BASIS FOR HOUSING AL- later of— vided to a member of the armed forces under LOWANCE DURING SHORT-ASSIGN- ‘‘(A) the deadline of the State for receipt of this section. MENT PERMANENT CHANGES OF such application; or ‘‘(2) For purposes of this subsection, a vet- STATION FOR EDUCATION OR TRAINING. ‘‘(B) the date that is 30 days before the erans service organization is any organiza- (a) AUTHORITY.—Paragraph (3) of sub- general election; or tion recognized by the Secretary of Veterans section (d) of section 403 of title 37, United ‘‘(2) if a State absentee ballot of the absent Affairs for the representation of veterans States Code, is amended by adding at the end uniformed services voter or overseas voter is under section 5902 of title 38.’’. the following new subparagraph: received by the appropriate State election (b) MEETING WITH RESERVES RELEASED ‘‘(C) In the case of a member who is reas- official not later than the deadline for re- FROM ACTIVE DUTY FOR FURTHER SERVICE IN signed for a permanent change of station or ceipt of the State absentee ballot under THE RESERVES.—(1) A unit of a reserve com- permanent change of assignment from a duty State law.’’; ponent on active duty in the Armed Forces station within the continental United States (3) in subsection (c)(1), by striking ‘‘over- may, upon release from active duty in the to another duty station within the conti- seas voter’’ and inserting ‘‘absent uniformed Armed Forces for further service in the re- nental United States for a period of not more services voter or overseas voter’’; serve components, meet with a veterans than one year for the purpose of partici- (4) in subsection (d), by striking ‘‘overseas service organization for information and as- pating in professional military education or voter’’ both places it appears and inserting sistance relating to such release if the com- training classes, the amount of the basic al- ‘‘absent uniformed services voter or overseas mander of the unit authorizes the meeting. lowance for housing for the member may be (2) The time of a meeting for a unit under voter’’; and based on whichever of the following areas paragraph (1) may be scheduled by the com- (5) in subsection (e)(2), by striking ‘‘over- the Secretary concerned determines to pro- mander of the unit for such time after the seas voters’’ and inserting ‘‘absent uni- vide the more equitable basis for the allow- release of the unit as described in that para- formed services voters and overseas voters’’. ance: (c) CONFORMING AMENDMENTS.—(1) The graph as the commander of the unit deter- ‘‘(i) The area of the duty station to which heading of section 103 of such Act is amended mines appropriate to maximize the benefit of the member is reassigned. to read as follows: the meeting to the members of the unit. ‘‘(ii) The area of the member’s last duty ‘‘SEC. 103. FEDERAL WRITE-IN ABSENTEE BALLOT (3) For purposes of this subsection, a vet- station, but only if, and for the period that, IN GENERAL ELECTIONS FOR FED- erans service organization is any organiza- the member’s dependents reside in that area ERAL OFFICE FOR ABSENT UNI- tion recognized by the Secretary of Veterans on and after the date of the member’s depar- FORMED SERVICES VOTERS AND Affairs for the representation of veterans OVERSEAS VOTERS.’’. ture for the duty station to which the mem- under section 5902 of title 38, United States (2) The subsection caption for subsection ber is reassigned.’’. Code. (d) of such section is amended by striking (b) CONFORMING AMENDMENT.—The heading ‘‘OVERSEAS VOTER’’ and inserting ‘‘ABSENT SEC. 575. SENSE OF THE SENATE REGARDING RE- of such subsection is amended by striking UNIFORMED SERVICES VOTER OR OVERSEAS TURN OF MEMBERS TO ACTIVE ‘‘ARE UNABLE TO’’ and inserting ‘‘DO NOT’’. DUTY SERVICE UPON REHABILITA- VOTER’’. TION FROM SERVICE-RELATED INJU- SEC. 602. IMMEDIATE LUMP-SUM REIMBURSE- SEC. 573. RENAMING OF NATIONAL GUARD CHAL- RIES. MENT FOR UNUSUAL NON- LENGE PROGRAM AND INCREASE IN RECURRING EXPENSES INCURRED (a) FINDINGS.—Congress makes the fol- MAXIMUM FEDERAL SHARE OF COST FOR DUTY OUTSIDE THE CONTI- OF STATE PROGRAMS UNDER THE lowing findings: NENTAL UNITED STATES. PROGRAM. (1) The generation of young men and Section 405 of title 37, United States Code, (a) RENAMING.—The text of section 509 of women currently serving on active duty in is amended by adding at the end the fol- title 32, United States Code, is amended by the Armed Forces, which history will record lowing new subsection: striking ‘‘National Guard Challenge Pro- as being among the greatest, has shown in ‘‘(d) NONRECURRING EXPENSES.—(1) The gram’’ each place it appears and inserting remarkable numbers an individual resolve to Secretary concerned may pay a member of ‘‘National Guard Youth Challenge Program’’. recover from injuries incurred in such serv- the uniformed services on duty as described (b) INCREASE IN MAXIMUM FEDERAL SHARE ice and to return to active service in the in subsection (a) a reimbursement for a non- OF COST OF STATE PROGRAMS.—Subsection (d) Armed Forces. recurring expense incurred by the member of such section is amended by striking para- (2) Since September 11, 2001, numerous incident to such duty that— graphs (1), (2), (3), and (4), and inserting the brave soldiers, sailors, airmen, and Marines ‘‘(A) is directly related to the conditions or following new paragraphs: have incurred serious combat injuries, in- location of the duty; ‘‘(1) for fiscal year 2004, 60 percent of the cluding (as of June 2004) approximately 100 ‘‘(B) is of a nature or a magnitude not nor- costs of operating the State program during members of the Armed Forces who have been mally incurred by members of the uniformed that year; fitted with artificial limbs as a result of dev- services on duty inside the continental ‘‘(2) for fiscal year 2005, 65 percent of the astating injuries sustained in combat over- United States; and costs of operating the State program during seas. ‘‘(C) is not included in the per diem deter- that year; (3) In cases involving combat-related inju- mined under subsection (b) as payable to the ‘‘(3) for fiscal year 2006, 70 percent of the ries and other service-related injuries it is member under subsection (a). costs of operating the State program during possible, as a result of advances in tech- ‘‘(2) Any reimbursement payable to a mem- that year; and nology and extensive rehabilitative services, ber under paragraph (1) is in addition to a ‘‘(4) for fiscal year 2007 and each subse- to restore to members of the Armed Forces per diem payable to that member under sub- quent fiscal year, 75 percent of the costs of sustaining such injuries the capability to re- section (a).’’.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.074 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7613 SEC. 603. PERMANENT INCREASE IN AUTHORIZED striking ‘‘December 31, 2004’’ and inserting amended by striking ‘‘$150’’ in the matter AMOUNT OF FAMILY SEPARATION ‘‘December 31, 2005’’. preceding paragraph (1) and inserting ‘‘$225’’. ALLOWANCE. (c) NUCLEAR CAREER ANNUAL INCENTIVE (b) REPEAL OF TEMPORARY AUTHORITY.— (a) PERMANENT AMOUNT.—Subsection (a)(1) BONUS.—Section 312c(d) of such title is Subsection (e) of such section is repealed. of section 427 of title 37, United States Code, amended by striking ‘‘December 31, 2004’’ and (c) EFFECTIVE DATE.—This section and the is amended by striking ‘‘$100’’ and inserting inserting ‘‘December 31, 2005’’. amendments made by this section shall take ‘‘$250’’. SEC. 614. ONE-YEAR EXTENSION OF OTHER effect on the earlier of— (b) REPEAL OF TEMPORARY AUTHORITY.— BONUS AND SPECIAL PAY AUTHORI- (1) the first day of the first month that be- Subsection (e) of such section is repealed. TIES. gins after the date of the enactment of this FFECTIVE ATE (c) E D .—This section and the (a) AVIATION OFFICER RETENTION BONUS.— Act; or amendments made by this section shall take Section 301b(a) of title 37, United States (2) January 1, 2005. effect on the earlier of— Code, is amended by striking ‘‘December 31, SEC. 618. ELIGIBILITY OF ENLISTED MEMBERS (1) the first day of the first month that be- 2004’’ and inserting ‘‘December 31, 2005’’. TO QUALIFY FOR CRITICAL SKILLS gins after the date of the enactment of this (b) ASSIGNMENT INCENTIVE PAY.—Section RETENTION BONUS WHILE SERVING Act; or 307a(f) of such title is amended by striking ON INDEFINITE REENLISTMENT. (2) January 1, 2005. ‘‘December 31, 2005’’ and inserting ‘‘Decem- Paragraph (2) of section 323(a) of title 37, Subtitle B—Bonuses and Special and ber 31, 2006’’. United States Code, is amended to read as Incentive Pays (c) REENLISTMENT BONUS FOR ACTIVE MEM- follows: SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BERS.—Section 308(g) of such title is amend- ‘‘(2) in the case of an enlisted member— BONUS AND SPECIAL PAY AUTHORI- ed by striking ‘‘December 31, 2004’’ and in- ‘‘(A) the member, if serving under an en- TIES FOR RESERVE FORCES. serting ‘‘December 31, 2005’’. listment for a definite period— (a) SELECTED RESERVE REENLISTMENT (d) ENLISTMENT BONUS FOR ACTIVE MEM- ‘‘(i) reenlists for a period of at least one BONUS.—Section 308b(g) of title 37, United BERS.—Section 309(e) of such title is amended year; or States Code, is amended by striking ‘‘Decem- by striking ‘‘December 31, 2004’’ and insert- ‘‘(ii) voluntarily extends the member’s en- ber 31, 2004’’ and inserting ‘‘December 31, ing ‘‘December 31, 2005’’. listment for a period of at least one year; or 2005’’. (e) RETENTION BONUS FOR MEMBERS WITH ‘‘(B) the member, if serving under an en- (b) SELECTED RESERVE ENLISTMENT CRITICAL MILITARY SKILLS.—Section 323(i) of listment for an indefinite period, enters into BONUS.—Section 308c(e) of such title is such title is amended by striking ‘‘December a written agreement with the Secretary con- amended by striking ‘‘December 31, 2004’’ and 31, 2004’’ and inserting ‘‘December 31, 2005’’. cerned to remain on active duty for at least inserting ‘‘December 31, 2005’’. (f) ACCESSION BONUS FOR NEW OFFICERS IN one year under such enlistment.’’. (c) SPECIAL PAY FOR ENLISTED MEMBERS CRITICAL SKILLS.—Section 324(g) of such title SEC. 619. CLARIFICATION OF EDUCATIONAL PUR- ASSIGNED TO CERTAIN HIGH PRIORITY UNITS.— is amended by striking ‘‘December 31, 2004’’ SUITS QUALIFYING FOR SELECTED Section 308d(c) of such title is amended by and inserting ‘‘December 31, 2005’’. RESERVE EDUCATION LOAN REPAY- MENT PROGRAM FOR HEALTH PRO- striking ‘‘December 31, 2004’’ and inserting SEC. 615. REDUCED SERVICE OBLIGATION FOR FESSIONS OFFICERS. ‘‘December 31, 2005’’. NURSES RECEIVING NURSE ACCES- (d) SELECTED RESERVE AFFILIATION SION BONUS. Section 16302(a)(5) of title 10, United States BONUS.—Section 308e(e) of such title is (a) PERIOD OF OBLIGATED SERVICE.—Section Code, is amended by striking ‘‘regarding’’ amended by striking ‘‘December 31, 2004’’ and 302d(a)(1) of title 37, United States Code, is and inserting ‘‘for a basic professional quali- inserting ‘‘December 31, 2005’’. amended by striking ‘‘four years’’ and insert- fying degree (as determined under regula- (e) READY RESERVE ENLISTMENT AND REEN- ing ‘‘three years’’. tions prescribed by the Secretary), or grad- LISTMENT BONUS.—Section 308h(g) of such (b) EFFECTIVE DATE AND APPLICABILITY.— uate education, in’’. title is amended by striking ‘‘December 31, The amendment made by subsection (a) shall SEC. 620. BONUS FOR CERTAIN INITIAL SERVICE 2004’’ and inserting ‘‘December 31, 2005’’. take effect on October 1, 2004, and shall apply OF COMMISSIONED OFFICERS IN (f) PRIOR SERVICE ENLISTMENT BONUS.— with respect to agreements entered into THE SELECTED RESERVE. Section 308i(f ) of such title is amended by under section 302d of title 37, United States (a) AUTHORITY.—Chapter 5 of title 37, striking ‘‘December 31, 2004’’ and inserting Code, on or after such date. United States Code, is amended by inserting ‘‘December 31, 2005’’. after section 308i the following new section: SEC. 616. ASSIGNMENT INCENTIVE PAY. SEC. 612. ONE-YEAR EXTENSION OF CERTAIN (a) DISCONTINUATION UPON COMMENCEMENT ‘‘§ 308j. Special pay: bonus for certain initial BONUS AND SPECIAL PAY AUTHORI- OF TERMINAL LEAVE.—(1) Subsection (e) of service of commissioned officers in the Se- TIES FOR CERTAIN HEALTH CARE lected Reserve PROFESSIONALS. section 307a of title 37, United States Code, is ‘‘(a) AFFILIATION BONUS.—(1) The Secretary (a) NURSE OFFICER CANDIDATE ACCESSION amended by striking ‘‘absence of the member concerned may pay an affiliation bonus PROGRAM.—Section 2130a(a)(1) of title 10, for authorized leave.’’ and inserting the fol- United States Code, is amended by striking lowing: under this section to an eligible commis- ‘‘December 31, 2004’’ and inserting ‘‘Decem- ‘‘(2) absence of the member for authorized sioned officer in any of the armed forces who ber 31, 2005’’. leave, other than leave authorized for a pe- enters into an agreement with the Secretary (b) REPAYMENT OF EDUCATION LOANS FOR riod ending upon the discharge of the mem- to serve, for the period specified in the CERTAIN HEALTH PROFESSIONALS WHO SERVE ber or the release of the member from active agreement, in the Selected Reserve of the IN THE SELECTED RESERVE.—Section 16302(d) duty.’’. Ready Reserve of an armed force under the of such title is amended by striking ‘‘Janu- (2) Such subsection is further amended by Secretary’s jurisdiction— ary 1, 2005’’ and inserting ‘‘January 1, 2006’’. striking ‘‘by reason of’’ and all that follows ‘‘(A) in a critical officer skill designated (c) ACCESSION BONUS FOR REGISTERED through ‘‘pursuant to orders or’’ and insert- under paragraph (3); or NURSES.—Section 302d(a)(1) of title 37, ing ‘‘by reason of— ‘‘(B) to meet a manpower shortage in— United States Code, is amended by striking ‘‘(1) temporary duty performed by the ‘‘(i) a unit of that Selected Reserve; or ‘‘December 31, 2004’’ and inserting ‘‘Decem- member pursuant to orders; or’’. ‘‘(ii) a particular pay grade in that armed ber 31, 2005’’. (b) DISCRETIONARY WRITTEN AGREEMENTS.— force. (d) INCENTIVE SPECIAL PAY FOR NURSE AN- Subsection (b) of such section is amended to ‘‘(2) A commissioned officer is eligible for ESTHETISTS.—Section 302e(a)(1) of such title read as follows: an affiliation bonus under this section if the is amended by striking ‘‘December 31, 2004’’ ‘‘(b) WRITTEN AGREEMENT.—The Secretary officer— and inserting ‘‘December 31, 2005’’. concerned may require a member to enter ‘‘(A) either— (e) SPECIAL PAY FOR SELECTED RESERVE into a written agreement with the Secretary ‘‘(i) is serving on active duty for a period of HEALTH PROFESSIONALS IN CRITICALLY SHORT in order to qualify for the incentive pay more than 30 days; or WARTIME SPECIALTIES.—Section 302g(f ) of under this section. A written agreement ‘‘(ii) is a member of a reserve component such title is amended by striking ‘‘December under this subsection shall set forth the pe- not on active duty and, if the member for- 31, 2004’’ and inserting ‘‘December 31, 2005’’. riod for which the incentive pay is to be pro- merly served on active duty, was released (f) ACCESSION BONUS FOR DENTAL OFFI- vided and the monthly rate at which the in- from active duty under honorable conditions; CERS.—Section 302h(a)(1) of such title is centive pay is to be paid.’’. ‘‘(B) has not previously served in the Se- amended by striking ‘‘December 31, 2004’’ and (c) EFFECTIVE DATE AND APPLICABILITY.— lected Reserve of the Ready Reserve; and inserting ‘‘December 31, 2005’’. (1) The amendments made by subsection (a) ‘‘(C) is not entitled to receive retired or re- SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY shall take effect on October 1, 2004. tainer pay. AND BONUS AUTHORITIES FOR NU- (2) Paragraph (2) of section 307a(e) of title ‘‘(3)(A) The Secretary concerned shall des- CLEAR OFFICERS. 37, United States Code, shall apply with re- ignate for an armed force under the Sec- (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED spect to authorized leave for days after Sep- retary’s jurisdiction the critical officer OFFICERS EXTENDING PERIOD OF ACTIVE SERV- tember 30, 2004. skills to which the bonus authority under ICE.—Section 312(e) of title 37, United States SEC. 617. PERMANENT INCREASE IN AUTHORIZED this subsection is to be applied. Code, is amended by striking ‘‘December 31, AMOUNT OF HOSTILE FIRE AND IM- ‘‘(B) A skill may be designated as a critical 2004’’ and inserting ‘‘December 31, 2005’’. MINENT DANGER SPECIAL PAY. officer skill for an armed force under sub- (b) NUCLEAR CAREER ACCESSION BONUS.— (a) PERMANENT AMOUNT.—Subsection (a) of paragraph (A) if, to meet requirements of Section 312b(c) of such title is amended by section 310 of title 37, United States Code, is that armed force, it is critical for that armed

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.074 S06PT1 S7614 CONGRESSIONAL RECORD — SENATE July 6, 2004 force to have a sufficient number of officers discharge in bankruptcy under title 11 that (B) The extent to which members of the who are qualified in that skill. is entered less than five years after the ter- Armed Forces and their families utilize the ‘‘(4) An affiliation bonus payable pursuant mination of an agreement entered into under social services for which they are eligible to an agreement under this section to an eli- this section does not discharge a person from under the programs identified under subpara- gible officer accrues on the date on which a debt arising under an agreement entered graph (A). the person is assigned to a unit or position in into under this subsection or a debt arising (C) The efforts made by each of the mili- the Selected Reserve pursuant to such agree- under paragraph (1).’’. tary departments— ment. (b) CLERICAL AMENDMENT.—The table of (i) to ensure that members of the Armed ‘‘(b) ACCESSION BONUS.—(1) The Secretary sections at the beginning of such chapter is Forces and their families are aware of the so- concerned may pay an accession bonus under amended by adding at the end the following cial services for which they are eligible this section to an eligible person who enters new item: under the programs identified under subpara- into an agreement with the Secretary— ‘‘308j. Special pay: bonus for certain initial graph (A); and ‘‘(A) to accept an appointment as a com- service of commissioned offi- (ii) to assist members and their families in missioned officer in the armed forces; and cers in the Selected Reserve.’’. applying for and obtaining such social serv- ‘‘(B) to serve in the Selected Reserve of the SEC. 621. RELATIONSHIP BETWEEN ELIGIBILITY ices. Ready Reserve in a skill designated under TO RECEIVE SUPPLEMENTAL SUB- (2) The committees of Congress referred to paragraph (2) for a period specified in the SISTENCE ALLOWANCE AND ELIGI- in paragraph (1) are as follows: agreement. BILITY TO RECEIVE IMMINENT DAN- (A) The Committee on Armed Services and ‘‘(2)(A) The Secretary concerned shall des- GER PAY, FAMILY SEPARATION AL- the Committee on Health, Education, Labor, ignate for an armed force under the Sec- LOWANCE, AND CERTAIN FEDERAL and Pensions of the Senate. retary’s jurisdiction the officer skills to ASSISTANCE. (B) The Committee on Armed Services of which the authority under this subsection is (a) ENTITLEMENT NOT AFFECTED BY RECEIPT the House of Representatives. to be applied. OF IMMINENT DANGER PAY AND FAMILY SEPA- (d) EFFECTIVE DATE.—(1) Except as pro- ‘‘(B) A skill may be designated for an RATION ALLOWANCE.—Subsection (b)(2) of sec- vided in paragraph (2), this section and the armed force under subparagraph (A) if, to tion 402a of title 37, United States Code, is amendments made by this section shall take mitigate a current or projected significant amended by striking subparagraph (A) and effect on October 1, 2004. shortage of personnel in that armed force inserting the following: (2) Subsection (c) shall take effect on the who are qualified in that skill, it is critical ‘‘(A) shall not take into consideration— date of the enactment of this Act. to increase the number of persons accessed ‘‘(i) the amount of the supplemental sub- Subtitle C—Travel and Transportation into that armed force who are qualified in sistence allowance that is payable under this Allowances section; that skill or are to be trained in that skill. SEC. 631. TRAVEL AND TRANSPORTATION ALLOW- ‘‘(3) An accession bonus payable to a per- ‘‘(ii) the amount of special pay (if any) ANCES FOR FAMILY MEMBERS TO son pursuant to an agreement under this sec- that is payable under section 310 of this sec- ATTEND BURIAL CEREMONIES OF tion accrues on the date on which that tion, relating to duty subject to hostile fire MEMBERS WHO DIE ON DUTY. agreement is accepted by the Secretary con- or imminent danger; or (a) AUTHORIZED TRAVEL DESTINATION.— cerned. ‘‘(iii) the amount of family separation al- Subsection (a)(1) of section 411f of title 37, ‘‘(c) PERIOD OF OBLIGATED SERVICE.—An lowance (if any) that is payable under sec- United States Code, is amended by inserting agreement entered into with the Secretary tion 427 of this title; but’’. before the period at the end the following: concerned under this section shall require (b) ELIGIBILITY FOR OTHER FEDERAL ASSIST- ‘‘at the location determined under sub- the person entering into that agreement to ANCE.—Section 402a of such title is amend- section (a)(8) or (d)(2) of section 1482 of title serve in the Selected Reserve for a specified ed— 10’’. period. The period specified in the agreement (1) by redesignating subsections (g) and (h) (b) LIMITATION ON AMOUNT.—Subsection (b) shall be any period not less than three years as subsections (h) and (i), respectively; and of such section is amended to read as follows: ‘‘(b) LIMITATION ON AMOUNT.—Allowances that the Secretary concerned determines ap- (2) by inserting after subsection (f) the fol- for travel under subsection (a) may not ex- propriate to meet the needs of the reserve lowing new subsection (g): ceed the rates for two days and the time nec- component in which the service is to be per- ‘‘(g) ELIGIBILITY FOR OTHER FEDERAL AS- essary for such travel.’’. formed. SISTANCE.—(1)(A) A child or spouse of a mem- (c) UNCONDITIONAL ELIGIBILITY OF ‘‘(d) AMOUNT.—The amount of a bonus ber of the armed forces receiving the supple- DECEASED’S PARENTS.—Subsection (c)(1)(C) under this section may be any amount not in mental subsistence allowance under this section who, except for the receipt of such al- of such section is amended by striking ‘‘If no excess of $6,000 that the Secretary concerned person described in subparagraph (A) or (B) lowance, would otherwise be eligible to re- determines appropriate. is provided travel and transportation allow- ‘‘(e) PAYMENT.—Upon acceptance of a writ- ceive a benefit described in subparagraph (B) ances under subsection (a)(1), the’’ and in- shall be considered to be eligible for that ten agreement by the Secretary concerned serting ‘‘The’’. under this section, the total amount of the benefit. ‘‘(B) The benefits referred to in subpara- SEC. 632. LODGING COSTS INCURRED IN CONNEC- bonus payable under the agreement becomes TION WITH DEPENDENT STUDENT fixed. The agreement shall specify whether graph (A) are as follows: TRAVEL. ‘‘(i) Assistance provided under the Richard the bonus is to be paid in one lump sum or (a) AUTHORITY.—Section 430(b)(1) of title in installments. B. Russell National School Lunch Act (42 37, United States Code, is amended— ‘‘(f) RELATION TO OTHER ACCESSION BONUS U.S.C. 1751 et seq.). (1) by inserting ‘‘(A)’’ after ‘‘(b) ALLOWANCE AUTHORITY.—No person may receive an affili- ‘‘(ii) Assistance provided under the Child AUTHORIZED.—(1)’’; and ation bonus or accession bonus under this Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). (2) by adding at the end the following new section and financial assistance under chap- ‘‘(iii) A service under the Head Start Act subparagraph: ter 1608, 1609, or 1611 of title 10, or under sec- (42 U.S.C. 9831 et seq.). ‘‘(B) The allowance authorized under sub- tion 302g of this title, for the same period of ‘‘(iv) Assistance under the Child Care and paragraph (A) for an eligible dependent’s service. Development Block Grant Act of 1990 (42 travel may include reimbursement for costs ‘‘(g) REPAYMENT FOR FAILURE TO COM- U.S.C. 9858 et seq.). that are incurred by or for the dependent for MENCE OR COMPLETE OBLIGATED SERVICE.—(1) ‘‘(2) A household that includes a member of lodging of the dependent that is necessitated A person who, after receiving all or part of the armed forces receiving the supplemental by an interruption in the travel caused by the bonus under an agreement entered into subsistence allowance under this section extraordinary circumstances prescribed in by that person under this section, does not and, except for the receipt of such allowance, the regulations under subsection (a). The accept a commission as an officer or does not would otherwise be eligible to receive a ben- amount of a reimbursement payable under commence to participate or does not satis- efit under the Low-Income Home Energy As- this subparagraph shall be a rate that is ap- factorily participate in the Selected Reserve sistance Act of 1981 (42 U.S.C. 8621 et seq.) plicable to the circumstances under regula- for the total period of service specified in the shall be considered to be eligible for that tions prescribed by the Secretaries con- agreement shall repay to the United States benefit.’’. cerned.’’. such compensation or benefit, except under (c) REQUIREMENT FOR REPORT.—(1) Not (b) EFFECTIVE DATE AND APPLICABILITY.— conditions prescribed by the Secretary con- later than 180 days after the date of the en- The amendments made by subsection (a) cerned. actment of this Act, the Secretary of De- shall take effect on October 1, 2004, and shall ‘‘(2) The Secretary concerned shall include fense shall submit to the committees of Con- apply with respect to lodging that com- in each agreement entered into by the Sec- gress named in paragraph (2) a report on the mences on or after such date. retary under this section the requirements accessibility of social services to members of Subtitle D—Retired Pay and Survivor that apply for any repayment under this sub- the Armed Forces and their families. The re- Benefits port shall include the following matters: section, including the method for computing SEC. 641. SPECIAL RULE FOR COMPUTING THE the amount of the repayment and any excep- (A) The social services for which members HIGH-36 MONTH AVERAGE FOR DIS- tions. of the Armed Forces and their families are ABLED MEMBERS OF RESERVE COM- ‘‘(3) An obligation to repay the United eligible under social services programs gen- PONENTS. States imposed under paragraph (1) is for all erally available to citizens and other nation- (a) COMPUTATION OF HIGH 36-MONTH AVER- purposes a debt owed to the United States. A als of the United States. AGE.—Subsection (c) of section 1407 of title

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.074 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7615 10, United States Code, is amended by adding (A) an increase of the maximum benefit section 252(d) of the Balanced Budget and at the end the following new paragraph: provided under Servicemembers’ Group Life Emergency Deficit Control Act of 1985 (2 ‘‘(3) SPECIAL RULE FOR RESERVE COMPONENT Insurance to $350,000, together with an in- U.S.C. 902(d)) with respect to the fiscal years MEMBERS.—In the application of paragraphs crease, each fiscal year, by the same overall referred to in paragraph (1). (1) and (2) to a member of a reserve compo- average percentage increase that takes ef- (f) EARLY SUBMISSION OF PROPOSAL FOR AD- nent of a uniformed service who is entitled fect during such fiscal year in the rates of DITIONAL DEATH BENEFITS.—Congress urges to retired pay under section 1201 or 1202 of basic pay under section 204 of title 37, United the President to submit the draft of legisla- this title, each month during which the States Code; and tion for the additional set of death benefits member performed duty for which basic pay (B) a minimum benefit of $100,000 at no under paragraph (2) of subsection (c) before is paid under section 203 of title 37 or com- cost to the insured members of the uni- the time for submission required under that pensation is paid under section 206 of such formed services who elect the maximum cov- subsection and as soon as is practicable after title shall be treated as if it were one month erage, together with an increase in such min- the date of the enactment of this Act. of active service.’’. imum benefit each fiscal year by the same (g) APPROPRIATE COMMITTEES OF CON- (b) EFFECTIVE DATES AND APPLICABILITY.— percentage increase as is described in sub- GRESS.—For the purposes of subsection (c), (1) Paragraph (3) of section 1407(c) of title 10, paragraph (A). the appropriate committees of Congress are United States Code (as added by subsection (2) An additional set of death benefits for as follows: (a)), shall take effect on October 1, 2004, and each member of the uniformed services who (1) The Committees on Armed Services of shall apply with respect to months beginning dies in the line of duty while on active duty the Senate and the House of Representatives, on or after such date, except as provided in that includes, at a minimum, an additional with respect to draft legislation that is with- paragraph (2). death gratuity in the amount that— in the jurisdiction of such committees. (2) For the computation of survivor annu- (A) in the case of a member not described (2) The Committees on Veterans Affairs of ities under subparagraph (A)(i) or (B) of sec- in subparagraph (B), is equal to the sum of— the Senate and the House of Representatives, tion 1451(c)(1) of title 10, United States Code (i) the total amount of the basic pay to with respect to draft legislation within the (as amended by section 642(b) of Public Law which the deceased member would have been jurisdiction of such committees. 107–107; 115 Stat. 1152)), paragraph (3) of sec- entitled under section 204 of title 37, United SEC. 643. REPEAL OF PHASE-IN OF CONCURRENT tion 1407(c) of title 10, United States Code (as States Code, if the member had not died and had continued to serve on active duty for an RECEIPT OF RETIRED PAY AND VET- added by subsection (a)), shall take effect as ERANS’ DISABILITY COMPENSATION of September 10, 2001, and shall apply with additional year; and FOR VETERANS WITH SERVICE-CON- respect to deaths of members of the uni- (ii) the total amount of all allowances and NECTED DISABILITIES RATED AS 100 formed services occurring on or after that special pays that the member would have PERCENT. date. been entitled to receive under title 37, Section 1414 of title 10, United States Code, SEC. 642. DEATH BENEFITS ENHANCEMENT. United States Code, over the one-year period is amended— beginning on the member’s date of death if (a) FINAL ACTIONS ON FISCAL YEAR 2004 (1) in subsection (a)(1)— the member had not died and had continued DEATH BENEFITS STUDY.—(1) Congress finds (A) by inserting after the first sentence the to serve on active duty for an additional that the study of the Federal death benefits following new sentence: ‘‘During the period year with the unit to which the member was for survivors of deceased members of the beginning on January 1, 2004, and ending on assigned or detailed on such date; and Armed Forces under section 647 of the Na- December 31, 2004, payment of retired pay to (B) in the case of a member who dies as a tional Defense Authorization Act for Fiscal such a qualified retiree described in sub- result of an injury caused by or incurred Year 2004 (Public Law 108–136; 117 Stat. 1520) section (c)(1)(B) is subject to subsection while exposed to hostile action (including has given Congress sufficient insight to ini- (c).’’; and any hostile fire or explosion and any hostile tiate action to provide for the enhancement (B) in the last sentence, by inserting action from a terrorist source), is equal to of the current set of death benefits that are ‘‘(other than a qualified retiree covered by twice the amount calculated under subpara- provided under law for the survivors. the preceding sentence)’’ after ‘‘such a quali- graph (A). (2) The Secretary of Defense shall expedite fied retiree’’; and (3) Any other new death benefits or en- the completion and submission of the final (2) in subsection (c)— hancement of existing death benefits that report, which was due on March 1, 2004, under (A) in paragraph (1)— the President recommends. section 647 of the National Defense Author- (i) in subparagraph (A), by inserting (4) Retroactive applicability of the benefits ization Act for Fiscal Year 2004. ‘‘(other than a retiree described by subpara- referred to in paragraph (2) and, as appro- (3) It is the sense of Congress that the graph (B))’’ after ‘‘the retiree’’; priate, the benefits recommended under President should promptly submit to Con- (ii) by redesignating subparagraphs (B) paragraph (3) so as to provide the benefits— gress any recommendation for legislation, through (F) as subparagraphs (C) through (A) for members of the uniformed services together with a request for appropriations, (G), respectively; and who die in line of duty on or after October 7, that the President determines necessary to (iii) by inserting after subparagraph (A) 2001, of a cause incurred or aggravated while implement the death benefits enhancements the following new subparagraph (B): deployed in support of Operation Enduring that are recommended in the final report ‘‘(B) For a month for which the retiree re- Freedom; and under section 647 of the National Defense Au- ceives veterans’ disability compensation for (B) for members of the uniformed services thorization Act for Fiscal Year 2004. a disability rated as 100 percent, $750.’’; who die in line of duty on or after March 19, (b) INCREASES OF DEATH GRATUITY CON- (B) by redesignating paragraph (11) as 2003, of a cause incurred or aggravated while SISTENT WITH INCREASES OF RATES OF BASIC paragraph (12); and deployed in support of Operation Iraqi Free- PAY.—Section 1478 of title 10, United States (C) by inserting after paragraph (10) the dom. Code, is amended— following new paragraph (11): (d) CONSULTATION.—The President shall ‘‘(11) INAPPLICABILITY TO VETERANS WITH (1) in subsection (a), by inserting ‘‘(as ad- consult with the Secretary of Defense and justed under subsection (c)’’ before the pe- DISABILITIES RATED AS 100 PERCENT AFTER CAL- the Secretary of Veterans Affairs in devel- ENDAR YEAR 2004.—This subsection shall not riod at the end of the first sentence; and oping the draft legislation required under (2) by adding at the end the following new apply to a qualified retiree described by subsection (c). paragraph (1)(B) after calendar year 2004.’’. subsection: (e) FISCAL YEAR 2006 BUDGET SUBMISSION.— ‘‘(c) Effective on the date on which rates of The budget for fiscal year 2006 that is sub- SEC. 644. FULL SBP SURVIVOR BENEFITS FOR basic pay under section 204 of this title are mitted to Congress under section 1105(a) of SURVIVING SPOUSES OVER AGE 62. increased under section 1009 of title 37 or any title 31, United States Code, shall include (a) PHASED INCREASE IN BASIC ANNUITY.— other provision of law, the amount of the draft legislation (other than draft appropria- (1) INCREASE TO 55 PERCENT.—Subsection death gratuity provided under subsection (a) tions) that includes provisions that, on the (a)(1)(B)(i) of section 1451 of title 10, United shall be increased by the same overall aver- basis of the assumption that the draft legis- States Code, is amended by striking ‘‘35 per- age percentage of the increase in the rates of lation submitted under subsection (c) would cent of the base amount.’’ and inserting ‘‘the basic pay taking effect on that date.’’. be enacted and would take effect in fiscal product of the base amount and the percent (c) FISCAL YEAR 2005 ACTIONS.—At the year 2006— applicable for the month. The percent appli- same time that the President submits to (1) would offset fully the increased outlays cable for a month is 35 percent for months Congress the budget for fiscal year 2006 that would result from enactment of the pro- beginning before October 2005, 40 percent for under section 1105(a) of title 31, United visions of the draft legislation submitted months beginning after September 2005 and States Code, the President shall submit to under subsection (c), for fiscal year 2006 and before October 2008, 45 percent for months the appropriate committees of Congress re- each of the ensuing nine fiscal years; beginning after September 2008, and 55 per- ferred to in subsection (g) a draft or drafts of (2) expressly state that they are proposed cent for months beginning after September legislation to provide enhanced death bene- for the purpose of the offset described in 2014.’’. fits for survivors of deceased members of the paragraph (1); and (2) RESERVE-COMPONENT ANNUITY.—Sub- uniformed services. The draft legislation (3) are included in full in the estimates section (a)(2)(B)(i)(I) of such section is shall include provisions for the following: that are made by the Director of the Con- amended by striking ‘‘35 percent’’ and insert- (1) Revision of the Servicemembers’ Group gressional Budget Office and the Director of ing ‘‘the percent specified under paragraph Life Insurance program to provide for— the Office of Management and Budget under (1)(B)(i) as being applicable for the month’’.

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(3) SPECIAL-ELIGIBILITY ANNUITY.—Sub- (2) ELECTION OF SUPPLEMENTAL ANNUITY in the case of any other participant in the section (c)(1)(B)(i) of such section is amend- COVERAGE.—An eligible retired or former Survivor Benefit Plan. ed— member who elects under paragraph (1) to (d) MANNER OF MAKING ELECTIONS.—An (A) by striking ‘‘35 percent’’ and inserting participate in the Survivor Benefit Plan at election under this section shall be made in ‘‘the applicable percent’’; and the maximum level may also elect during writing, signed by the person making the (B) by adding at the end the following: the open enrollment period to participate in election, and received by the Secretary con- ‘‘The percent applicable for a month under the Supplemental Survivor Benefit Plan es- cerned before the end of the open enrollment the preceding sentence is the percent speci- tablished under subchapter III of chapter 73 period. Any such election shall be made sub- fied under subsection (a)(1)(B)(i) as being ap- of title 10, United States Code. ject to the same conditions, and with the plicable for the month.’’. (3) ELIGIBLE RETIRED OR FORMER MEMBER.— same opportunities for designation of bene- (4) CONFORMING AMENDMENT.—The heading For purposes of paragraphs (1) and (2), an eli- ficiaries and specification of base amount, for subsection (d)(2)(A) of such section is gible retired or former member is a member that apply under the Survivor Benefit Plan amended to read as follows: ‘‘COMPUTATION or former member of the uniformed services or the Supplemental Survivor Benefit Plan, OF ANNUITY.—’’. who on the day before the first day of the as the case may be. A person making an elec- (b) PHASED ELIMINATION OF SUPPLEMENTAL open enrollment period is not a participant tion under subsection (a) to provide a re- ANNUITY.— in the Survivor Benefit Plan and— serve-component annuity shall make a des- (1) DECREASING PERCENTAGES.—Section (A) is entitled to retired pay; or ignation described in section 1448(e) of title 1457(b) of title 10, United States Code, is (B) would be entitled to retired pay under 10, United States Code. amended— chapter 1223 of title 10, United States Code, (e) EFFECTIVE DATE FOR ELECTIONS.—Any (A) by striking ‘‘5, 10, 15, or 20 percent’’ and but for the fact that such member or former such election shall be effective as of the first inserting ‘‘the applicable percent’’; and member is under 60 years of age. day of the first calendar month following the (B) by inserting after the first sentence the (4) STATUS UNDER SBP OF PERSONS MAKING month in which the election is received by following: ‘‘The percent used for the com- ELECTIONS.— the Secretary concerned. putation shall be an even multiple of 5 per- (A) STANDARD ANNUITY.—A person making (f) OPEN ENROLLMENT PERIOD.—The open cent and, whatever the percent specified in an election under paragraph (1) by reason of enrollment period under this section shall be the election, may not exceed 20 percent for eligibility under paragraph (3)(A) shall be the one-year period beginning on October 1, months beginning before October 2005, 15 per- treated for all purposes as providing a stand- 2005. cent for months beginning after September ard annuity under the Survivor Benefit Plan. (g) EFFECT OF DEATH OF PERSON MAKING 2005 and before October 2008, and 10 percent (B) RESERVE-COMPONENT ANNUITY.—A per- ELECTION WITHIN TWO YEARS OF MAKING for months beginning after September 2008.’’. son making an election under paragraph (1) ELECTION.—If a person making an election (2) REPEAL OF PROGRAM IN 2014.—Effective by reason of eligibility under paragraph under this section dies before the end of the on October 1, 2014, chapter 73 of such title is (3)(B) shall be treated for all purposes as pro- two-year period beginning on the effective amended— viding a reserve-component annuity under date of the election, the election is void and (A) by striking subchapter III; and the Survivor Benefit Plan. the amount of any reduction in retired pay (B) by striking the item relating to sub- (b) ELECTION TO INCREASE COVERAGE UNDER of the person that is attributable to the elec- chapter III in the table of subchapters at the SBP.—A person who on the day before the tion shall be paid in a lump sum to the per- beginning of that chapter. first day of the open enrollment period is a son who would have been the deceased per- (c) RECOMPUTATION OF ANNUITIES.— participant in the Survivor Benefit Plan but son’s beneficiary under the voided election if (1) REQUIREMENT FOR RECOMPUTATION.—Ef- is not participating at the maximum base the deceased person had died after the end of fective on the first day of each month re- amount or is providing coverage under the such two-year period. ferred to in paragraph (2)— Plan for a dependent child and not for the (h) APPLICABILITY OF CERTAIN PROVISIONS (A) each annuity under section 1450 of title person’s spouse or former spouse may, during OF LAW.—The provisions of sections 1449, 10, United States Code, that commenced be- the open enrollment period, elect to— 1453, and 1454 of title 10, United States Code, fore that month, is computed under a provi- (1) participate in the Plan at a higher base are applicable to a person making an elec- sion of section 1451 of that title amended by amount (not in excess of the participant’s re- tion, and to an election, under this section in subsection (a), and is payable for that month tired pay); or the same manner as if the election were shall be recomputed so as to be equal to the (2) provide annuity coverage under the made under the Survivor Benefit Plan or the amount that would be in effect if the percent Plan for the person’s spouse or former spouse Supplemental Survivor Benefit Plan, as the applicable for that month under that provi- at a base amount not less than the base case may be. sion, as so amended, had been used for the amount provided for the dependent child. (i) ADDITIONAL PREMIUM.—The Secretary of initial computation of the annuity; and (c) ELECTION FOR CURRENT SBP PARTICI- Defense shall prescribe in regulations pre- (B) each supplemental survivor annuity PANTS TO PARTICIPATE IN SUPPLEMENTAL miums which a person electing under this under section 1457 of such title that com- SBP.— section shall be required to pay for partici- menced before that month and is payable for (1) ELECTION.—A person who is eligible to pating in the Survivor Benefit Plan pursuant that month shall be recomputed so as to be make an election under this paragraph may to the election. The total amount of the pre- equal to the amount that would be in effect elect during the open enrollment period to miums to be paid by a person under the regu- if the percent applicable for that month participate in the Supplemental Survivor lations shall be equal to the sum of— under that section, as amended by this sec- Benefit Plan established under subchapter (i) the total amount by which the retired tion, had been used for the initial computa- III of chapter 73 of title 10, United States pay of the person would have been reduced tion of the supplemental survivor annuity. Code. before the effective date of the election if the (2) TIMES FOR RECOMPUTATION.—The re- (2) PERSONS ELIGIBLE.—Except as provided person had elected to participate in the Sur- quirements for recomputation of annuities in paragraph (3), a person is eligible to make vivor Benefit Plan (for the same base under paragraph (1) apply with respect to the an election under paragraph (1) if on the day amount specified in the election) at the first following months: before the first day of the open enrollment opportunity that was afforded the member to (A) October 2005. period the person is a participant in the Sur- participate under chapter 73 of title 10, (B) October 2008. vivor Benefit Plan at the maximum level, or United States Code; (C) October 2014. during the open enrollment period the person (ii) interest on the amounts by which the (d) RECOMPUTATION OF RETIRED PAY REDUC- increases the level of such participation to retired pay of the person would have been so TIONS FOR SUPPLEMENTAL SURVIVOR ANNU- the maximum level under subsection (b) of reduced, computed from the dates on which ITIES.—The Secretary of Defense shall take such actions as are necessitated by the this section, and under that Plan is pro- the retired pay would have been so reduced amendments made by subsection (b) and the viding annuity coverage for the person’s at such rate or rates and according to such requirements of subsection (c)(1)(B) to en- spouse or a former spouse. methodology as the Secretary of Defense de- sure that the reductions in retired pay under (3) LIMITATION ON ELIGIBILITY FOR CERTAIN termines reasonable; and section 1460 of title 10, United States Code, SBP PARTICIPANTS NOT AFFECTED BY TWO-TIER (iii) any additional amount that the Sec- are adjusted to achieve the objectives set ANNUITY COMPUTATION.—A person is not eligi- retary determines necessary to protect the forth in subsection (b) of that section. ble to make an election under paragraph (1) actuarial soundness of the Department of SEC. 645. OPEN ENROLLMENT PERIOD FOR SUR- if (as determined by the Secretary con- Defense Military Retirement Fund against VIVOR BENEFIT PLAN COMMENCING cerned) the annuity of a spouse or former any increased risk for the fund that is asso- OCTOBER 1, 2005. spouse beneficiary of that person under the ciated with the election. (a) PERSONS NOT CURRENTLY PARTICIPATING Survivor Benefit Plan is to be computed (A) Premiums paid under the regulations IN SURVIVOR BENEFIT PLAN.— under section 1451(e) of title 10, United shall be credited to the Department of De- (1) ELECTION OF SBP COVERAGE.—An eligible States Code. However, such a person may fense Military Retirement Fund. retired or former member may elect to par- during the open enrollment period waive the (B) In this paragraph, the term ‘‘Depart- ticipate in the Survivor Benefit Plan under right to have that annuity computed under ment of Defense Military Retirement Fund’’ subchapter II of chapter 73 of title 10, United such section 1451(e). Any such election is ir- means the Department of Defense Military States Code, during the open enrollment pe- revocable. A person making such a waiver Retirement Fund established under section riod specified in subsection (f). may make an election under paragraph (1) as 1461(a) of title 10, United States Code.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.074 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7617 Subtitle E—Other Matters may, as the Secretary determines appro- paragraph (1) in circumstances where funds SEC. 651. INCREASED MAXIMUM PERIOD FOR priate, limit— are inadequate to provide all children de- LEAVE OF ABSENCE FOR PURSUIT ‘‘(A) eligibility to family members who, by scribed in that paragraph with access to OF A PROGRAM OF EDUCATION IN A reason of affinity, degree of consanguinity, child care as described in that paragraph. HEALTH CARE PROFESSION. or otherwise, are sufficiently close in rela- (b) PRESERVATION OF SERVICES AND PRO- Section 708(a) of title 10, United States tionship to the member of the armed forces GRAMS.—The Secretary shall provide for the Code, is amended— to justify the travel assistance; attendance and participation of children in (1) by striking ‘‘for a period not to exceed ‘‘(B) the number of family members who military child development centers and child two years’’; and may travel; and care and development programs and activi- (2) by adding at the end the following: ‘‘(C) the number of trips that family mem- ties under subsection (a) in a manner that ‘‘The period of a leave of absence granted bers may take. preserves the scope and quality of child care under this section may not exceed two years, ‘‘(4) Notwithstanding paragraph (2), the and development programs and activities except that the period may exceed two years Secretary of Defense may, in an exceptional otherwise provided by the Secretary. but may not exceed three years in the case of case, authorize a person not described in sub- (c) FUNDING.—Amounts otherwise available an eligible member pursuing a program of paragraph (B) of that paragraph to use fre- to the Department of Defense and the mili- education in a health care profession.’’. quent traveler miles, credits, or a ticket ac- tary departments under this Act may be SEC. 652. ELIGIBILITY OF MEMBERS FOR REIM- cepted under this subsection to visit a mem- available for purposes of providing access to BURSEMENT OF EXPENSES IN- ber of the armed forces described in such child care under subsection (a). CURRED FOR ADOPTION PLACE- subparagraph if that person has a notably (d) DEFINITIONS.—In this section: MENTS MADE BY FOREIGN GOVERN- close relationship with the member. The fre- (1) The term ‘‘covered members of the MENTS. quent traveler miles, credits, or ticket may Armed Forces’’ means members of the Section 1052(g)(3) of title 10, United States be used by such person only in accordance Armed Forces on active duty, including Code, is amended by adding at the end the with such conditions and restrictions as the members of the Reserves who are called or following new subparagraph: Secretary determines appropriate and the ordered to active duty under a provision of ‘‘(D) A foreign government or an agency rules established by the air carrier or surface law referred to in section 101(a)(13)(B) of title authorized by a foreign government to place carrier that is the source of the miles, cred- 10, United States Code, for Operation Endur- children for adoption, in any case in which— its, or ticket. ing Freedom or Operation Iraqi Freedom. ‘‘(i) the adopted child is entitled to auto- ‘‘(5) The Secretary of Defense shall encour- (2) The term ‘‘military child development matic citizenship under section 320 of the age air carriers and surface carriers to par- center’’ has the meaning given such term in Immigration and Nationality Act (8 U.S.C. ticipate in, and to facilitate through mini- section 1800(1) of title 10, United States Code. 1431); or mization of restrictions and otherwise, the SEC. 655. RELIEF FOR MOBILIZED MILITARY RE- ‘‘(ii) a certificate of citizenship has been donation, acceptance, and use of frequent SERVISTS FROM CERTAIN FEDERAL issued for such child under section 322 of traveler miles, credits, and tickets under AGRICULTURAL LOAN OBLIGATIONS. that Act (8 U.S.C. 1433).’’. this section. The Consolidated Farm and Rural Develop- SEC. 653. ACCEPTANCE OF FREQUENT TRAVELER ‘‘(6) The Secretary of Defense may enter ment Act is amended by inserting after sec- MILES, CREDITS, AND TICKETS TO into an agreement with a nonprofit organization 331F (7 U.S.C. 1981f) the following: FACILITATE THE AIR OR SURFACE tion to use the services of the organization— ‘‘SEC. 332. RELIEF FOR MOBILIZED MILITARY RE- TRAVEL OF CERTAIN MEMBERS OF ‘‘(A) to promote the donation of frequent SERVISTS FROM CERTAIN AGRICUL- THE ARMED FORCES AND THEIR traveler miles, credits, and tickets under TURAL LOAN OBLIGATIONS. FAMILIES. paragraph (1), except that amounts appro- ‘‘(a) DEFINITION OF MOBILIZED MILITARY RE- Section 2608 of title 10, United States Code, priated to the Department of Defense may SERVIST.—In this section, the term ‘mobi- is amended— not be expended for this purpose; and lized military reservist’ means an individual (1) by redesignating subsections (g) ‘‘(B) to assist in administering the collec- who— through (k) as subsections (h) through (l), re- tion, distribution, and use of donated fre- ‘‘(1) is on active duty under section 688, spectively; and quent traveler miles, credits, and tickets. 12301(a), 12301(g), 12302, 12304, 12306, or 12406, (2) by inserting after subsection (f) the fol- ‘‘(7) Members of the armed forces, family or chapter 15 of title 10, United States Code, lowing new subsection: members, and other persons who receive air or any other provision of law during a war or ‘‘(g) OPERATION HERO MILES.—(1) The Sec- or surface transportation using frequent during a national emergency declared by the retary of Defense may use the authority of traveler miles, credits, or tickets donated President or Congress, regardless of the loca- subsection (a) to accept the donation of fre- under this subsection are deemed to recog- tion at which the active duty service is per- quent traveler miles, credits, and tickets for nize no income from such use. Donors of fre- formed; or air or surface transportation issued by any quent traveler miles, credits, or tickets ‘‘(2) in the case of a member of the Na- air carrier or surface carrier that serves the under this subsection are deemed to obtain tional Guard, is on full-time National Guard public and that consents to such donation, no tax benefit from such donation. duty (as defined in section 101(d)(5) of title and under such terms and conditions as the ‘‘(8) In this subsection, the term ‘family 10, United States Code) under a call to active air or surface carrier may specify. The Sec- member’ has the meaning given that term in service authorized by the President or the retary shall designate a single office in the section 411h(b)(1) of title 37.’’. Secretary of Defense for a period of more Department of Defense to carry out this sub- than 30 consecutive days under section 502(f) section, including the establishment of such SEC. 654. CHILD CARE FOR CHILDREN OF MEM- BERS OF ARMED FORCES ON ACTIVE of title 32, United States Code, for purposes rules and procedures as may be necessary to DUTY FOR OPERATION ENDURING of responding to a national emergency de- facilitate the acceptance of such frequent FREEDOM OR OPERATION IRAQI clared by the President and supported by traveler miles, credits, and tickets. FREEDOM. Federal funds. ‘‘(2) Frequent traveler miles, credits, and (a) CHILD CARE FOR CHILDREN WITHOUT AC- ‘‘(b) FORGIVENESS OF INTEREST PAYMENTS tickets accepted under this subsection shall CESS TO MILITARY CHILD CARE.—(1) In any DUE WHILE BORROWER ISAMOBILIZED MILI- be used only in accordance with the rules es- case where the children of a covered member TARY RESERVIST.—Any requirement that a tablished by the air carrier or surface carrier of the Armed Forces are geographically dis- borrower of a direct loan made under this that is the source of the miles, credits, or persed and do not have practical access to a title make any interest payment on the loan tickets and shall be used only for the fol- military child development center, the Sec- that would otherwise be required to be made lowing purposes: retary of Defense may, to the extent funds while the borrower is a mobilized military ‘‘(A) To facilitate the travel of a member are available for such purpose, provide such reservist is rescinded. of the armed forces who— funds as are necessary permit the member’s ‘‘(c) DEFERRAL OF PRINCIPAL PAYMENTS ‘‘(i) is deployed on active duty outside the family to secure access for such children to DUE WHILE OR AFTER BORROWER ISAMOBI- United States away from the permanent State licensed child care and development LIZED MILITARY RESERVIST.—The due date of duty station of the member in support of a programs and activities in the private sector any payment of principal on a direct loan contingency operation; and that are similar in scope and quality to the made to a borrower under this title that ‘‘(ii) is granted, during such deployment, child care and development programs and ac- would otherwise be required to be made rest and recuperative leave, emergency tivities the Secretary would otherwise pro- while or after the borrower is a mobilized leave, convalescent leave, or another form of vide access to under subchapter II of chapter military reservist is deferred for a period leave authorized for the member. 88 of title 10, United States Code, and other equal in length to the period for which the ‘‘(B) In the case of a member of the armed applicable provisions of law. borrower is a mobilized military reservist. forces recuperating from an injury or illness (2) Funds may be provided under paragraph ‘‘(d) NONACCRUAL OF INTEREST.—Interest on incurred or aggravated in the line of duty (1) in accordance with the provisions of sec- a direct loan made to a borrower described in during such deployment, to facilitate the tion 1798 of title 10, United States Code, or this section shall not accrue during the pe- travel of family members of the member to by such other mechanism as the Secretary riod the borrower is a mobilized military re- be reunited with the member. considers appropriate. servist. ‘‘(3) For the use of miles, credits, or tickets (3) The Secretary shall prescribe in regula- ‘‘(e) BORROWER NOT CONSIDERED TO BE DE- under paragraph (2)(B) by family members of tions priorities for the allocation of funds for LINQUENT OR RECEIVING DEBT FORGIVENESS.— a member of the armed forces, the Secretary the provision of access to child care under Notwithstanding section 373 or any other

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.074 S06PT1 S7618 CONGRESSIONAL RECORD — SENATE July 6, 2004 provision of this title, a borrower who re- undergo a comprehensive physical examina- the applicable premium of a health benefits ceives assistance under this section shall tion immediately before the member is sepa- plan for the family members of a reserve not, as a result of the assistance, be consid- rated from active duty as described in para- component member under this section in a ered to be delinquent or receiving debt for- graph (2).’’. fiscal year may not exceed the amount deter- giveness for purposes of receiving a direct or SEC. 706. EXPANDED ELIGIBILITY OF READY RE- mined by multiplying— guaranteed loan under this title.’’. SERVE MEMBERS UNDER TRICARE ‘‘(1) the sum of one plus the number of the TITLE VII—HEALTH CARE PROGRAM. family members covered by the health bene- (a) UNCONDITIONAL ELIGIBILITY.—Sub- fits plan, by Subtitle A—Enhanced Benefits for Reserves section (a) of section 1076b of title 10, United ‘‘(2) the per capita cost of providing SEC. 701. DEMONSTRATION PROJECT ON HEALTH States Code, is amended by striking ‘‘is eli- TRICARE coverage and benefits for depend- BENEFITS FOR RESERVES. gible, subject to subsection (h), to enroll in ents under this chapter for such fiscal year, (a) DEMONSTRATION PROJECT REQUIRED.— TRICARE’’ and all that follows through ‘‘an as determined by the Secretary of Defense. The Secretary of Defense shall carry out a employer-sponsored health benefits plan’’ ‘‘(f) BENEFITS COVERAGE CONTINUATION PE- demonstration project under section 1092 of and inserting ‘‘, except for a member who is RIOD.—The benefits coverage continuation title 10, United States Code, to assess the enrolled or is eligible to enroll in a health period under this section for qualified health need for, and feasibility of, providing bene- benefits plan under chapter 89 of title 5, is el- benefits plan coverage for the family mem- fits under the TRICARE program to mem- igible to enroll in TRICARE, subject to sub- bers of an eligible reserve component members of the Ready Reserve of the Armed section (h)’’. ber called or ordered to active duty is the pe- Forces who are (1) eligible unemployment (b) PERMANENT AUTHORITY.—Subsection (l) riod that— compensation recipients, (2) in a period of of such section is repealed. ‘‘(1) begins on the date of the call or order; continuous unemployment from the end of (c) CONFORMING REPEAL OF OBSOLETE PRO- and their last month as eligible unemployment VISIONS.—Such section is further amended— ‘‘(2) ends on the earlier of— compensation recipients, or (3) ineligible for (1) by striking subsections (i) and (j); and ‘‘(A) the date on which the reserve compo- coverage by employer-sponsored health bene- (2) by redesignating subsection (k) as sub- nent member’s eligibility for transitional fits plans for employees. section (i). health care under section 1145(a) of this title (b) DEFINITION.—In this section, the term SEC. 707. CONTINUATION OF NON-TRICARE terminates under paragraph (3) of such sec- ‘‘eligible unemployment compensation re- HEALTH BENEFITS PLAN COVERAGE tion; or cipient’’ has the meaning given such term in FOR CERTAIN RESERVES CALLED ‘‘(B) the date on which the reserve compo- OR ORDERED TO ACTIVE DUTY AND section 1076b(j) of title 10, United States nent member elects to terminate the contin- Code. THEIR DEPENDENTS. (a) REQUIRED CONTINUATION.—(1) Chapter 55 ued qualified health benefits plan coverage SEC. 702. PERMANENT EARLIER ELIGIBILITY of title 10, United States Code, is amended by of the member’s family members. DATE FOR TRICARE BENEFITS FOR ‘‘(g) EXTENSION OF PERIOD OF COBRA COV- MEMBERS OF RESERVE COMPO- inserting after section 1078a the following new section: ERAGE.—Notwithstanding any other provi- NENTS. sion of law— Section 1074(d) of title 10, United States ‘‘§ 1078b. Continuation of non-TRICARE ‘‘(1) any period of coverage under a COBRA Code, is amended by striking paragraph (3). health benefits plan coverage for depend- continuation provision (as defined in section SEC. 703. WAIVER OF CERTAIN DEDUCTIBLES ents of certain Reserves called or ordered 9832(d)(1) of the Internal Revenue Code of FOR MEMBERS ON ACTIVE DUTY to active duty 1986) for an eligible reserve component mem- FOR A PERIOD OF MORE THAN 30 ‘‘(a) PAYMENT OF PREMIUMS.—The Sec- DAYS. ber under this section shall be deemed to be retary concerned shall pay the applicable equal to the benefits coverage continuation Section 1095d(a) of title 10, United States premium to continue in force any qualified period for such member under this section; Code, is amended by striking ‘‘a period of health benefits plan coverage for the mem- and less than one year’’ both places that it ap- bers of the family of an eligible reserve com- ‘‘(2) with respect to the election of any pe- pears and inserting ‘‘a period of more than 30 ponent member for the benefits coverage riod of coverage under a COBRA continu- days’’. continuation period if timely elected by the ation provision (as so defined), rules similar SEC. 704. PROTECTION OF DEPENDENTS FROM member in accordance with regulations pre- to the rules under section 4980B(f)(5)(C) of BALANCE BILLING. scribed under subsection (j). such Code shall apply. Section 1079(h)(4) of title 10, United States ‘‘(b) ELIGIBLE MEMBER; FAMILY MEMBERS.— ‘‘(h) NONDUPLICATION OF BENEFITS.—A Code, is amended by adding at the end the (1) A member of a reserve component is eligi- member of the family of a reserve compo- following new subparagraph: ble for payment of the applicable premium nent member who is eligible for benefits ‘‘(C) In the case of a member of the reserve for continuation of qualified health benefits under qualified health benefits plan coverage components serving on active duty for a pe- plan coverage under subsection (a) while paid on behalf of the reserve component riod of more than 30 days in support of a con- serving on active duty pursuant to a call or member by the Secretary concerned under tingency operation under a provision of law order issued under a provision of law referred this section is not eligible for benefits under referred to in section 101(a)(13)(B) of this to in section 101(a)(13)(B) of this title during the TRICARE program during a period of the title, the Secretary may pay the amount ap- a war or national emergency declared by the coverage for which so paid. plicable under subparagraph (B) to a depend- President or Congress. ‘‘(i) REVOCABILITY OF ELECTION.—A reserve ent of such member who is referred to in sub- ‘‘(2) For the purposes of this section, the component member who makes an election paragraph (A).’’. members of the family of an eligible reserve under subsection (a) may revoke the elec- SEC. 705. PERMANENT EXTENSION OF TRANSI- component member include only the mem- tion. Upon such a revocation, the member’s TIONAL HEALTH CARE BENEFITS ber’s dependents described in subparagraphs family members shall become eligible for AND ADDITION OF REQUIREMENT (A), (D), and (I) of section 1072(2) of this title. benefits under the TRICARE program as pro- FOR PRESEPARATION PHYSICAL EX- ‘‘(c) QUALIFIED HEALTH BENEFITS PLAN vided for under this chapter. AMINATION. COVERAGE.—For the purposes of this section, ‘‘(j) REGULATIONS.—The Secretary of De- (a) PERMANENT REQUIREMENT.—(1) Para- health benefits plan coverage for the mem- graph (3) of section 1145(a) of title 10, United fense shall prescribe regulations for carrying bers of the family of a reserve component out this section. The regulations shall in- States Code, is amended to read as follows: member called or ordered to active duty is ‘‘(3) Transitional health care for a member clude such requirements for making an elec- qualified health benefits plan coverage if— tion of payment of applicable premiums as under subsection (a) shall be available for 180 ‘‘(1) the coverage was in force on the date days beginning on the date on which the the Secretary considers appropriate.’’. on which the Secretary notified the reserve (2) The table of sections at the beginning of member is separated from active duty.’’. component member that issuance of the call such chapter is amended by inserting after (2) The following provisions of law are re- or order was pending or, if no such notifica- the item relating to section 1078a the fol- pealed: tion was provided, the date of the call or lowing new item: (A) Section 704 of the National Defense Au- order; thorization Act for Fiscal Year 2004 (Public ‘‘(2) on such date, the coverage applied to ‘‘1078b. Continuation of non-TRICARE health Law 108–136; 117 Stat. 1527; 10 U.S.C. 1145 the reserve component member and members benefits plan coverage for de- note). of the family of the reserve component mem- pendents of certain Reserves (B) Section 1117 of the Emergency Supple- ber; and called or ordered to active mental Appropriations Act for Defense and ‘‘(3) the coverage has not lapsed. duty.’’. for the Reconstruction of Iraq and Afghani- ‘‘(d) APPLICABLE PREMIUM.—The applicable (b) APPLICABILITY.—Section 1078b of title stan, 2004 (Public Law 108–106; 117 Stat. 1218; premium payable under this section for con- 10, United States Code (as added by sub- 10 U.S.C. 1145 note). tinuation of health benefits plan coverage section (a)), shall apply with respect to calls (b) REQUIREMENT FOR PHYSICAL EXAMINA- for the family members of a reserve compo- or orders of members of reserve components TION.—Such section 1145(a), as amended by nent member is the amount of the premium of the Armed Forces to active duty as de- subsection (a), is further amended by adding payable by the member for the coverage of scribed in subsection (b) of such section, that at the end the following new paragraph: the family members. are issued by the Secretary of a military de- ‘‘(4) The Secretary concerned shall require ‘‘(e) MAXIMUM AMOUNT.—The total amount partment before, on, or after the date of the each member referred to in paragraph (1) to that the Department of Defense may pay for enactment of this Act, but only with respect

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.075 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7619 to qualified health benefits plan coverage (as oversight advisory committee to provide the ‘‘(B) The waiver authority provided in sub- described in subsection (c) of such section) Secretary with advice and recommendations paragraph (A) shall not be construed to that is in effect on or after the date of the regarding the continued development and apply to any case other than a case in which enactment of this Act. implementation of an effective program of an individual is required to be informed of an Subtitle B—Other Matters chiropractic health care benefits for mem- option to accept or refuse administration of bers of the uniformed services on active a particular product by reason of a deter- SEC. 711. REPEAL OF REQUIREMENT FOR PAY- duty. MENT OF SUBSISTENCE CHARGES mination by the Secretary of Health and (b) MEMBERSHIP.—The advisory committee WHILE HOSPITALIZED. Human Services that emergency use of such shall be composed of members selected from (a) REPEAL.—Section 1075 of title 10, product is authorized under section 564 of the among persons who, by reason of education, United States Code, is repealed. Federal Food, Drug, and Cosmetic Act.’’. training, and experience, are experts in (b) CLERICAL AMENDMENT.—The table of SEC. 717. ELIGIBILITY OF CADETS AND MID- chiropractic health care, as follows: sections at the beginning of chapter 55 of SHIPMEN FOR MEDICAL AND DEN- (1) Members appointed by the Secretary of such title is amended by striking the item TAL CARE AND DISABILITY BENE- Defense in such number as the Secretary de- FITS. relating to section 1075. termines appropriate for carrying out the (a) MEDICAL AND DENTAL CARE.—(1) Chap- SEC. 712. OPPORTUNITY FOR YOUNG CHILD DE- duties of the advisory committee effectively. ter 55 of title 10, United States Code, is PENDENT OF DECEASED MEMBER TO BECOME ELIGIBLE FOR ENROLL- (2) A representative of each of the Armed amended by inserting after section 1074a the MENT IN A TRICARE DENTAL PLAN. Forces, as designated by the Secretary of the following new section: Section 1076a(k)(2) of title 10, United military department concerned. ‘‘§ 1074b. Medical and dental care: cadets and HAIRMAN.—The Secretary of Defense States Code, is amended— (c) C midshipmen shall designate one member of the advisory (1) by striking ‘‘under subsection (a) or’’ ‘‘(a) ELIGIBILITY.—Under joint regulations committee to serve as the Chairman of the and inserting ‘‘under subsection (a),’’; and prescribed by the administering Secretaries, advisory committee. (2) by inserting after ‘‘under subsection (d) MEETINGS.—The advisory committee the following persons are, except as provided (f),’’ the following: ‘‘or is not enrolled be- shall meet at the call of the Chairman, but in subsection (c), entitled to the benefits de- cause the dependent is a child under the min- not fewer than three times each fiscal year, scribed in subsection (b): imum age for enrollment,’’. beginning in fiscal year 2005. ‘‘(1) A cadet at the United States Military SEC. 713. PEDIATRIC DENTAL PRACTICE NEC- (e) DUTIES.—The advisory committee shall Academy, the United States Air Force Acad- ESSARY FOR PROFESSIONAL AC- have the following duties: emy, or the Coast Guard Academy, and a CREDITATION. (1) Review and evaluate the program of midshipman at the United States Naval Section 1077(c) of title 10, United States chiropractic health care benefits provided to Academy, who incurs or aggravates an in- Code, is amended— members of the uniformed services on active jury, illness, or disease in the line of duty. (1) by striking ‘‘A dependent’’ and insert- duty under chapter 55 of title 10, United ‘‘(2) Each member of, and each designated ing ‘‘(1) Except as specified in paragraph (2), States Code. applicant for membership in, the Senior Re- a dependent’’; and (2) Provide the Secretary of Defense with serve Officers’ Training Corps who incurs or (2) by adding at the end the following new advice and recommendations as described in aggravates an injury, illness, or disease in paragraph: subsection (a). the line of duty while performing duties ‘‘(2)(A) Dependents 12 years of age or (3) Upon the Secretary’s determination under section 2109 of this title. younger who are covered by a dental plan that the program of chiropractic health care ‘‘(b) BENEFITS.—A person eligible for bene- under section 1076a of this title may be benefits referred to in paragraph (1) has been fits in subsection (a) for an injury, illness, or treated by postgraduate dental students in a fully implemented, prepare and submit to disease is entitled to— dental treatment facility of the uniformed the Secretary a report containing the advi- ‘‘(1) the medical and dental care under this services accredited by the American Dental sory committee’s evaluation of such program chapter that is appropriate for the treatment Association under a graduate dental edu- as implemented. of the injury, illness, or disease until the in- cation program accredited by the American (f) APPLICABILITY OF TEMPORARY ORGANIZA- jury, illness, disease, or any resulting dis- Dental Association if— TIONS LAW.—(1) Section 3161 of title 5, United ability cannot be materially improved by ‘‘(i) treatment of pediatric dental patients States Code, shall apply to the advisory com- further hospitalization or treatment; and is necessary in order to satisfy an accredita- mittee under this section. ‘‘(2) meals during hospitalization. tion standard of the American Dental Asso- (2) The Federal Advisory Committee Act (5 ‘‘(c) EXCEPTION.—A person is not entitled ciation that is applicable to such facility or U.S.C. App.) shall not apply to the oversight to benefits under subsection (b) for an in- program, or training in pediatric dental care advisory committee under this section. jury, illness, or disease, or the aggravation is necessary for the students to be profes- (g) TERMINATION.—The advisory committee of an injury, illness, or disease that is a re- sionally qualified to provide dental care for shall terminate 90 days after the date on sult of the gross negligence or the mis- dependent children accompanying members which the committee submits the report to conduct of that person.’’. of the uniformed services outside the United the Secretary of Defense under subsection (2) The table of sections at the beginning of States; and (e)(3). such chapter is amended by inserting after ‘‘(ii) the caseload of pediatric patients at SEC. 716. GROUNDS FOR PRESIDENTIAL WAIVER the item relating to section 1074a the fol- such facility is insufficient to support satis- OF REQUIREMENT FOR INFORMED lowing new item: faction of the accreditation or professional CONSENT OR OPTION TO REFUSE ‘‘1074b. Medical and dental care: cadets and requirements in pediatric dental care that REGARDING ADMINISTRATION OF DRUGS NOT APPROVED FOR GEN- midshipmen of the service acad- apply to such facility, program, or students. ERAL USE. emies.’’. ‘‘(B) The total number of dependents treat- (a) INVESTIGATIONAL NEW DRUGS.—Section (b) ELIGIBILITY OF ACADEMY CADETS AND ed in all facilities of the uniformed services 1107(f) of title 10, United States Code, is MIDSHIPMEN FOR DISABILITY RETIRED PAY.— under subparagraph (A) in a fiscal year may amended— (1)(A) Section 1217 of title 10, United States not exceed 2,000.’’. (1) in paragraph (1), by striking ‘‘obtaining Code, is amended to read as follows: SEC. 714. SERVICES OF MARRIAGE AND FAMILY consent—’’ and all that follows through ‘‘(C) THERAPISTS. ‘‘§ 1217. Cadets, midshipmen, and aviation ca- is’’ and inserting ‘‘obtaining consent is’’; and dets: applicability of chapter (a) AUTHORITY TO ENTER INTO PERSONAL (2) by striking paragraph (2) and inserting ‘‘(a) This chapter applies to cadets at the SERVICES CONTRACTS.—Section 704(c)(2) of the following new paragraph: United States Military Academy, the United the National Defense Authorization Act for ‘‘(2) The waiver authority provided in para- States Air Force Academy, and the United Fiscal Year 1995 (Public Law 103–337; 108 graph (1) shall not be construed to apply to States Coast Guard Academy and mid- Stat. 2799; 10 U.S.C. 1091 note) is amended by any case other than a case in which prior shipmen of the United States Naval Acad- inserting ‘‘marriage and family therapists consent for administration of a particular emy. certified as such by a certification recog- drug is required by reason of a determination ‘‘(b) Monthly cadet pay and monthly mid- nized by the Secretary of Defense,’’ after by the Secretary of Health and Human Serv- shipman pay under section 203(c) of title 37 ‘‘psychologists,’’. ices that such drug is subject to the inves- shall be considered to be basic pay for pur- (b) APPLICABILITY OF LICENSURE REQUIRE- tigational new drug requirements of section poses of this chapter and the computation of MENT FOR HEALTH-CARE PROFESSIONALS.— 505(i) of the Federal Food, Drug, and Cos- retired pay and severance and separation pay Section 1094(e)(2) of title 10, United States metic Act.’’. to which entitlement is established under Code, is amended by inserting ‘‘marriage and (b) EMERGENCY USE DRUGS.—Section family therapist certified as such by a cer- 1107a(a) of such title is amended— this chapter.’’. (B) The item related to section 1217 in the tification recognized by the Secretary of De- (1) by inserting ‘‘(A)’’ after ‘‘PRESIDENT.— fense,’’ after ‘‘psychologist,’’. (1)’’; table of sections at the beginning of chapter 61 of such title is amended to read as follows: SEC. 715. CHIROPRACTIC HEALTH CARE BENE- (2) by striking ‘‘is not feasible,’’ and all FITS ADVISORY COMMITTEE. that follows through ‘‘members affected, or’’; ‘‘1217. Cadets, midshipmen, and aviation ca- (a) ESTABLISHMENT.—Not later than 30 days and dets: applicability of chapter.’’. after the date of the enactment of this Act, (3) by adding at the end the following new (2) The amendments made by paragraph (1) the Secretary of Defense shall establish an subparagraph: shall take effect on October 1, 2004.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.075 S06PT1 S7620 CONGRESSIONAL RECORD — SENATE July 6, 2004 SEC. 718. CONTINUATION OF SUB-ACUTE CARE ‘‘(B) the submission of data to the Vaccine- SEC. 721. USE OF DEPARTMENT OF DEFENSE FOR TRANSITION PERIOD. related Adverse Events Reporting System to FUNDS FOR ABORTIONS IN CASES Section 1074j(b) of title 10, United States include comprehensive content and follow-up OF RAPE AND INCEST. Section 1093(a) of title 10, United States Code, is amended by adding at the end the data; Code, is amended by inserting before the pe- following new paragraph: ‘‘(C) the access to clinical management ‘‘(4) The Secretary of Defense may take riod at the end the following: ‘‘or in a case in services to members of the armed forces who such actions as are necessary to ensure that which the pregnancy is the result of an act there is an effective transition in the fur- experience vaccine adverse events; of rape or incest’’. ‘‘(D) the knowledge and understanding by nishing of part-time or intermittent home TITLE VIII—ACQUISITION POLICY, ACQUI- members of the armed forces and vaccine- health care benefits for covered beneficiaries SITION MANAGEMENT, AND RELATED who were receiving such benefits before the providers of immunization benefits and MATTERS risks. establishment of the program under this sec- Subtitle A—Acquisition Policy and ‘‘(E) networking between the Department tion. The actions taken under this paragraph Management may include the continuation of such bene- of Defense, the Department of Health and Human Services, the Department of Vet- SEC. 801. RESPONSIBILITIES OF ACQUISITION EX- fits on an extended basis for such time as the ECUTIVES AND CHIEF INFORMATION Secretary determines appropriate.’’. erans Affairs, and private advocacy and coa- OFFICERS UNDER THE CLINGER- SEC. 719. TEMPORARY AUTHORITY FOR WAIVER lition groups with regard to immunization COHEN ACT. OF COLLECTION OF PAYMENTS DUE benefits and risks; and (a) ACQUISITIONS OF INFORMATION TECH- FOR CHAMPUS BENEFITS RECEIVED ‘‘(F) clinical research on the safety and ef- NOLOGY EQUIPMENT INTEGRAL TO A WEAPON BY DISABLED PERSONS UNAWARE ficacy of vaccines. OR WEAPON SYSTEM.—(1) Chapter 131 of title OF LOSS OF CHAMPUS ELIGIBILITY. 10, United States Code, is amended by insert- (a) AUTHORITY TO WAIVE DEBT.—(1) The ‘‘(3) To achieve the purposes described in ing after section 2223 the following: Secretary of Defense, in consultation with paragraph (2), the Vaccine Healthcare Cen- the other administering Secretaries, may ters Network, in collaboration with the med- ‘‘§ 2223a. Acquisition of information technology equipment integral to a weapon or a waive (in whole or in part) the collection of ical departments of the armed forces, shall weapon system payments otherwise due from a person de- carry out the following: ‘‘(a) RESPONSIBILITIES OF ACQUISITION EX- scribed in subsection (b) for health benefits ‘‘(A)(i) Establish a network of centers of received by such person under section 1086 of ECUTIVES.—The acquisition executive of each excellence in clinical immunization safety military department shall be responsible for title 10, United States Code, after the termi- assessment that provides for outreach, edu- nation of that person’s eligibility for such ensuring that, with regard to a weapon or cation, and confidential consultative and di- benefits. weapon system acquired or to be acquired by (2) If the Secretary of Defense waives col- rect patient care services for vaccine related or for that military department— lection of payments from a person under adverse events prevention, diagnosis, treat- ‘‘(1) the acquisition of information tech- paragraph (1), the Secretary may also au- ment and follow-up with respect to members nology equipment that is integral to the thorize a continuation of benefits for such of the armed services. weapon or a weapon system is conducted in person under such section 1086 for a period ‘‘(ii) Such centers shall provide expert sec- a manner that is consistent with the capital ending not later than the end of the period ond opinions for such members regarding planning, investment control, and perform- specified in subsection (c) of this section. medical exemptions under this section and ance and results-based management proc- (b) ELIGIBLE PERSONS.—A person is eligible for additional care that is not available at esses and requirements provided under sec- for relief under subsection (a)(1) if— the local medical facilities of such members. tions 11302, 11303, 11312, and 11313 of title 40, (1) the person is described in paragraph (1) ‘‘(B) Develop standardized educational out- to the extent that such processes require- of subsection (d) of section 1086 of title 10, reach activities to support the initial and ments are applicable to the acquisition of United States Code; ongoing provision of training and education such equipment; (2) except for such paragraph, the person for providers and nursing personnel who are ‘‘(2) issues of spectrum availability, inter- would have been eligible for the health bene- engaged in delivering immunization services operability, and information security are ap- fits under such section; and to the members of the armed forces. propriately addressed in the development of (3) at the time of the receipt of such bene- ‘‘(C) Develop a program for quality im- the weapon or weapon system; and fits— provement in the submission and under- ‘‘(3) in the case of information technology (A) the person satisfied the criteria speci- standing of data that is provided to the Vac- equipment that is to be incorporated into a fied in paragraph (2)(B) of such subsection cine-related Adverse Events Reporting Sys- weapon or a weapon system under a major (d); and tem, particularly among providers and mem- defense acquisition program, the informa- (B) the person was unaware of the loss of bers of the armed forces. tion technology equipment is incorporated in eligibility to receive the health benefits. ‘‘(D) Develop and standardize a quality im- a manner that is consistent with— (c) PERIOD OF APPLICABILITY.—The author- provement program for the Department of ‘‘(A) the planned approach to applying cer- ity provided under this section to waive col- Defense relating to immunization services. tain provisions of law to major defense ac- lection of payments and to continue benefits ‘‘(E) Develop an effective network system, quisition programs following the evolution- shall apply, under terms and conditions pre- with appropriate internal and external col- ary acquisition process that the Secretary of scribed by the Secretary of Defense, to laborative efforts, to facilitate integration, Defense reported to Congress under section health benefits provided under section 1086 of 802 of the Bob Stump National Defense Au- educational outreach, research, and clinical title 10, United States Code, during the pe- thorization Act for Fiscal Year 2003 (Public management of adverse vaccine events. riod beginning on July 1, 1999, and ending at Law 107–314; 116 Stat. 2602); ‘‘(F) Provide education and advocacy for the end of December 31, 2004. ‘‘(B) the acquisition policies that apply to vaccine recipients to include access to vac- (d) CONSULTATION WITH OTHER ADMIN- spiral development programs under section cine safety programs, medical exemptions, ISTERING SECRETARIES.—(1) The Secretary of 803 of such Act (116 Stat. 2603; 10 U.S.C. 2430 Defense shall consult with the other admin- and quality treatment. note); and istering Secretaries in exercising the author- ‘‘(G) Support clinical studies with respect ‘‘(C) the software acquisition processes of ity provided in this section. to the safety and efficacy of vaccines, includ- the military department or Defense Agency (2) In this subsection, the term ‘‘admin- ing outcomes studies on the implementation concerned under section 804 of such Act (116 istering Secretaries’’ has the meaning given of recommendations contained in the clin- Stat. 2604; 10 U.S.C. 2430 note). such term in section 1072(3) of title 10, ical guidelines for vaccine-related adverse ‘‘(b) BOARD OF SENIOR ACQUISITION OFFI- United States Code. events. CIALS.—(1) The Secretary of Defense shall es- SEC. 720. VACCINE HEALTHCARE CENTERS NET- ‘‘(H) Develop implementation rec- tablish a board of senior acquisition officials WORK. ommendations for vaccine exemptions or al- to develop policy and provide oversight on Section 1110 of title 10, United States Code, ternative vaccine strategies for members of the implementation of the requirements of is amended by adding at the end the fol- the armed forces who have had prior, or who this section and chapter 113 of title 40 in pro- lowing: are susceptible to, serious adverse events, in- curements of information technology equip- ‘‘(c) VACCINE HEALTHCARE CENTERS NET- cluding those with genetic risk factors, and ment that is integral to a weapon or a weap- WORK.—(1) The Secretary shall carry out this the discovery of treatments for adverse on system. section through the Vaccine Healthcare Cen- events that are most effective. ‘‘(2) The board shall be composed of the fol- ters Network as established by the Secretary lowing officials: in collaboration with the Director of the ‘‘(4) It is the sense of the Senate— ‘‘(A) The Under Secretary of Defense for Centers for Disease Control and Prevention. ‘‘(A) to recognize the important work Acquisition, Technology, and Logistics, who ‘‘(2) In addition to conducting the activi- being done by the Vaccine Healthcare Center shall be the Chairman. ties described in subsection (b), it shall be Network for the members of the armed ‘‘(B) The acquisition executives of the the purpose of the Vaccine Healthcare Cen- forces; and military departments. ters Network to improve— ‘‘(B) that each of the military departments ‘‘(C) The Chief Information Officer of the ‘‘(A) the safety and quality of vaccine ad- (as defined in section 102 of title 5, United Department of Defense. ministration for the protection of members States Code) is strongly encouraged to fund ‘‘(3) Any question regarding whether infor- of the armed forces; the Vaccine Healthcare Center Network.’’. mation technology equipment is integral to

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a weapon or weapon system shall be resolved (2) Section 2432(e) of title 10, United States (b) QUALIFIED SOURCES.—A source of com- by the board in accordance with policies es- Code, is amended— mercial satellite services referred to in para- tablished by the board. (A) by redesignating paragraphs (7), (8), graph (2) of subsection (a) is a qualified ‘‘(c) INAPPLICABILITY OF OTHER LAWS.—The and (9), as paragraphs (8), (9) and (10), respec- source if the source is incorporated under following provisions of law do not apply to tively; and the laws of a State of the United States and information technology equipment that is (B) by inserting after paragraph (6) the fol- is either— integral to a weapon or a weapon system: lowing new paragraph (7): (1) a source of commercial satellite serv- ‘‘(1) Section 11315 of title 40. ‘‘(7) The reasons for any significant ices under a Federal Technology Service con- ‘‘(2) The policies and procedures estab- changes (from the previous Selected Acquisi- tract for the procurement of commercial sat- lished under section 11316 of title 40. tion Report) in the total program cost for de- ellite services described in paragraph (1) of ‘‘(3) Subsections (d) and (e) of section 811 of velopment and procurement of the software such subsection that is in force on the date the Floyd D. Spence National Defense Au- component of the program, schedule mile- of the enactment of this Act; or thorization Act for Fiscal Year 2001 (as en- stones for the software component of the (2) a source of commercial satellite serv- acted into law by Public Law 106–398; 114 program, or expected performance for the ices that meets qualification requirements Stat. 1654A–211), and the requirements and software component of the program that are (as defined in section 2319 of title 10, United prohibitions that are imposed by Depart- known, expected, or anticipated by the pro- States Code, and established in accordance ment of Defense Directive 5000.1 pursuant to gram manager.’’. with that section) to enter into a Federal subsections (b) and (c) of such section. (c) EFFECTIVE DATE.—The amendments Technology Service contract for the procure- ‘‘(4) Section 351 of the Bob Stump National made by this section shall take effect on Oc- ment of commercial satellite services. Defense Authorization Act for Fiscal Year tober 1, 2004, and shall apply with respect to (c) REPORT.—Not later than April 30, 2005, 2003 (Public Law 107–314; 116 Stat. 2516; 10 reports due to be submitted to Congress on the Secretary of Defense shall submit to U.S.C. 221 note). or after such date. Congress a report setting forth the conclu- ‘‘(d) DEFINITIONS.—In this section: SEC. 803. INTERNAL CONTROLS FOR DEPART- sions resulting from the Secretary’s review MENT OF DEFENSE PURCHASES ‘‘(1) The term ‘acquisition executive’, with under subsection (a). The report shall in- respect to a military department, means the THROUGH GSA CLIENT SUPPORT CENTERS. clude— official who is designated as the senior pro- (a) LIMITATION.—No official of the Depart- (1) the guidance provided under such sub- curement executive of the military department of Defense may place an order for, section; and ment under section 16(3) of the Office of Fed- make a purchase of, or otherwise procure (2) a discussion of the rationale for that eral Procurement Policy Act (41 U.S.C. property or services in an amount in excess guidance. 414(3)). of $100,000 through any particular GSA Client SEC. 805. REVISION AND EXTENSION OF AUTHOR- ‘‘(2) The term ‘information technology’ has Support Center until the Inspector General ITY FOR ADVISORY PANEL ON RE- the meaning given such term in section 11101 of the Department of Defense has, after the VIEW OF GOVERNMENT PROCURE- of title 40. date of the enactment of this Act— MENT LAWS AND REGULATIONS. ‘‘(3) The term ‘major defense acquisition (1) reviewed the policies, procedures, and (a) RELATIONSHIP OF RECOMMENDATIONS TO program’ has the meaning given such term internal controls of such Client Support Cen- SMALL BUSINESSES.—Section 1423 of the Na- in section 2430 of this title.’’. ter in consultation with the Inspector Gen- tional Defense Authorization Act for Fiscal (2) The table of sections at the beginning of eral of the General Services Administration; Year 2004 (Public Law 106–136; 117 Stat. 1669; such chapter is amended by inserting after and 41 U.S.C. 405 note) is amended— the item relating to section 2223 the fol- (2) certified in writing to the Secretary of (1) by redesignating subsection (d) as sub- lowing new item: Defense and the Administrator of General section (e); and ‘‘2223a. Acquisition of information tech- Services that such policies, procedures, and (2) by inserting after subsection (c) the fol- nology equipment integral to a internal controls are adequate to ensure the lowing new subsection (d): weapon or a weapon system.’’. compliance of such Client Support Center ‘‘(d) ISSUES RELATING TO SMALL BUSI- (b) CONFORMING AMENDMENTS.—Section with the requirements of law and regulations NESSES.—In developing recommendations 2223 of such title is amended— that are applicable to orders, purchases, and under subsection (c)(2), the panel shall— (1) by redesignating subsection (c) as sub- other procurements of property and services. ‘‘(1) consider the effects of its rec- section (d); and (b) GSA CLIENT SUPPORT CENTER DE- ommendations on small business concerns; (2) by inserting after subsection (b) the fol- FINED.—In this section, the term ‘‘GSA Cli- and lowing new subsection (c): ent Support Center’’ means a Client Support ‘‘(2) include any recommended modifica- ‘‘(c) EQUIPMENT INTEGRAL TO A WEAPON OR Center of the Federal Technology Service of tions of laws, regulations, and policies that WEAPON SYSTEM.—(1) In the case of informa- the General Services Administration. the panel considers necessary to enhance and tion technology equipment that is integral (c) EFFECTIVE DATE AND APPLICABILITY.— ensure competition in contracting that af- to a weapon or weapon system acquired or to This section shall take effect on the date of fords small business concerns meaningful op- be acquired by or for a military department, the enactment of this Act and shall apply portunity to participate in Federal Govern- the responsibilities under this section shall with respect to orders, purchases, and other ment contracts.’’. be performed by the acquisition executive of procurements that are initiated by the De- (b) REVISION AND EXTENSION OF REPORTING that military department pursuant to the partment of Defense with a GSA Client Sup- REQUIREMENT.—Section 1423(d) of the Na- guidance and oversight of the board of senior port Center on or after such date. tional Defense Authorization Act for Fiscal acquisition officials established under sec- SEC. 804. DEFENSE COMMERCIAL SATELLITE Year 2004 (Public Law 108–136; 117 Stat. 1669; tion 2223a(b) of this title. SERVICES PROCUREMENT PROCESS. 41 U.S.C. 405 note) is amended— ‘‘(2) In this subsection, the term ‘acquisi- (a) REQUIREMENT FOR DETERMINATION.—The (1) by striking ‘‘one year after the estab- tion executive’ has the meaning given said Secretary of Defense shall review alternative lishment of the panel’’ and inserting ‘‘one term in section 2223a(d) of this title.’’. mechanisms for procuring commercial sat- year after the date of the enactment of the ellite services and provide guidance to the SEC. 802. SOFTWARE-RELATED PROGRAM COSTS National Defense Authorization Act for Fis- Director of the Defense Information Systems UNDER MAJOR DEFENSE ACQUISI- cal Year 2005’’; TION PROGRAMS. Agency and the Secretaries of the military (2) by striking ‘‘Services and’’ both places (a) CONTENT OF QUARTERLY UNIT COST RE- departments on how such procurements it appears and inserting ‘‘Services,’’; PORT.—Subsection (b) of section 2433 of title should be conducted. The alternative pro- (3) by inserting ‘‘, and Small Business’’ 10, United States Code, is amended by adding curement mechanisms reviewed by the Sec- after ‘‘Government Reform’’; and at the end the following new paragraph: retary of Defense shall, at a minimum, in- (4) by inserting ‘‘, and Small Business and ‘‘(5) Any significant changes in the total clude the following: Entrepreneurship’’ after ‘‘Governmental Af- program cost for development and procure- (1) Procurement under indefinite delivery, fairs’’. ment of the software component of the pro- indefinite quantity contracts of the Federal gram, schedule milestones for the software Technology Service of the General Services Subtitle B—General Contracting Authorities, component of the program, or expected per- Administration. Procedures, and Limitations, and Other formance for the software component of the (2) Procurement directly from commercial Matters program that are known, expected, or antici- sources that are qualified as described in SEC. 811. INCREASED THRESHOLDS FOR APPLI- pated by the program manager.’’. subsection (b), using full and open competi- CABILITY OF CERTAIN REQUIRE- (b) CONTENT OF SELECTED ACQUISITION RE- tion (as defined in section 4(6) of the Office of MENTS. PORT.—(1) Subsection (g)(1) of such section is Federal Procurement Policy Act (41 U.S.C. (a) SENIOR PROCUREMENT EXECUTIVE AP- amended by adding at the end the following 403(6))). PROVAL OF USE OF PROCEDURES OTHER THAN new subparagraph: (3) Procurement by any other means that COMPETITIVE PROCEDURES.—Section ‘‘(Q) In any case in which one or more has been used by the Director of the Defense 2304(f)(1)(B) of title 10, United States Code, is problems with the software component of the Information Systems Agency or the Sec- amended by striking ‘‘$50,000,000’’ both program significantly contributed to the in- retary of a military department to enter into places it appears and inserting ‘‘$75,000,000’’. crease in program unit costs, the action a contract for the procurement of commer- (b) INFORMATION ON SUBCONTRACTING AU- taken and proposed to be taken to solve such cial satellite services that is in force on the THORITY OF DEFENSE CONTRACTOR PER- problems.’’. date of the enactment of this Act. SONNEL.—Section 2416(d) of such title is

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amended by striking ‘‘$500,000’’ and inserting amount of restructuring costs is expected to (b) EFFECTIVE DATE AND APPLICABILITY.— ‘‘$1,000,000’’. exceed $25,000,000 over a 5-year period; or Section 2383 of title 10, United States Code, SEC. 812. PERIOD FOR MULTIYEAR TASK AND DE- ‘‘(B) below the level of the Director of the shall take effect on October 1, 2004, and shall LIVERY ORDER CONTRACTS. Defense Contract Management Agency for apply with respect to orders for goods or (a) REVISED MAXIMUM PERIOD.—Section all other cases.’’. services that are issued by the head of an 2304a(f) of title 10, United States Code, is SEC. 815. LIMITATION REGARDING SERVICE agency (as defined in section 2302 of such amended by striking ‘‘a total period of not CHARGES IMPOSED FOR DEFENSE title) on or after such date. PROCUREMENTS MADE THROUGH more than five years.’’ and inserting ‘‘any SEC. 816. SENSE OF THE SENATE ON EFFECTS OF CONTRACTS OF OTHER AGENCIES. period up to five years and may extend the COST INFLATION ON THE VALUE contract period for one or more successive (a) LIMITATION.—(1) Chapter 141 of title 10, RANGE OF THE CONTRACTS TO periods pursuant to an option provided in the United States Code, is amended by inserting WHICH A SMALL BUSINESS CON- contract or a modification of the contract. after section 2382 the following new section TRACT RESERVATION APPLIES. The total contract period as extended may 2383: (a) SENSE OF THE SENATE.—It is the sense not exceed eight years unless such head of an ‘‘§ 2383. Procurements through contracts of of the Senate that— agency personally determines in writing that other agencies: service charges (1) in the administration of the require- exceptional circumstances necessitate a ‘‘(a) LIMITATION.—The head of an agency ment for reservation of contracts for small longer contract period.’’. may not procure goods or services (under businesses under subsection (j) of section 15 (b) ANNUAL REPORT.—Not later than 60 section 1535 of title 31, pursuant to a designa- of the Small Business Act (15 U.S.C. 644), the days after the end of each of fiscal years 2005 tion under section 11302(e) of title 40, or oth- maximum amount in the contract value through 2009, the Secretary of Defense shall erwise) through a contract entered into by range provided under that subsection should submit to Congress a report setting forth an agency outside the Department of Defense be treated as being adjusted to the same each extension of a contract period to a total if the amount charged such head of an agen- amount to which the simplified acquisition of more than eight years that was granted cy by the contracting agency for the goods threshold is increased whenever such thresh- for task and delivery order contracts of the old is increased under law; and Department of Defense during such fiscal or services includes a service charge in a (2) the Administrator for Federal Procure- year under section 2304a(f) of title 10, United total amount that exceeds one percent of the ment Policy, in consultation with the Fed- States Code. The report shall include, with amount charged by the contractor for such respect to each such contract period exten- goods or services under the contract. eral Acquisition Regulatory Council, should sion— ‘‘(b) WAIVER AUTHORITY.—(1) The appro- ensure that appropriate governmentwide (1) a discussion of the exceptional cir- priate official of the Department of Defense policies and procedures are in place— cumstances on which the extension was may waive the limitation in subsection (a) in (A) to monitor socioeconomic data con- based; and the case of any procurement for which that cerning purchases made by means of pur- (2) the justification for the determination official determines that it is in the national chase cards or credit cards issued for use in of exceptional circumstances. security interests of the United States to do transactions on behalf of the Federal Gov- so. ernment; and SEC. 813. SUBMISSION OF COST OR PRICING ‘‘(2) The appropriate official for exercise of DATA ON NONCOMMERCIAL MODI- (B) to encourage the placement of a fair FICATIONS OF COMMERCIAL ITEMS. the waiver authority under paragraph (1) is portion of such purchases with small busi- (a) INAPPLICABILITY OF COMMERCIAL ITEMS as follows: nesses consistent with governmentwide goals EXCEPTION TO NONCOMMERCIAL MODIFICATIONS ‘‘(A) In the case of a procurement by a De- for small business prime contracting estab- OF COMMERCIAL ITEMS.—Subsection (b) of fense Agency or Department of Defense Field lished under section 15(g) of the Small Busi- section 2306a of title 10, United States Code, Activity, the Secretary of Defense. ness Act (15 U.S.C. 644(g)). is amended by adding at the end the fol- ‘‘(B) In the case of a procurement for a (b) SIMPLIFIED ACQUISITION THRESHOLD DE- lowing new paragraph: military department, the Secretary of that FINED.—In this section, the term ‘‘simplified ‘‘(3) NONCOMMERCIAL MODIFICATIONS OF COM- military department. acquisition threshold’’ has the meaning MERCIAL ITEMS.—(A) The exception in para- ‘‘(3)(A) The Secretary of Defense may not given such term in section 4(11) of the Office graph (1)(B) does not apply to cost or pricing delegate the authority under paragraph (1) of Federal Procurement Policy Act (41 U.S.C. data on noncommercial modifications of a to any person other than the Deputy Sec- 403(11)). commercial item that are expected to cost, retary of Defense or the Under Secretary of Defense for Acquisition, Technology, and Lo- Subtitle C—Extensions of Temporary in the aggregate, more than $500,000. Program Authorities ‘‘(B) In this paragraph, the term ‘non- gistics. commercial modification’, with respect to a ‘‘(B) The Secretary of a military depart- SEC. 821. EXTENSION OF CONTRACT GOAL FOR ment may not delegate the authority under SMALL DISADVANTAGED BUSINESS commercial item, means a modification of AND CERTAIN INSTITUTIONS OF such item that is not a modification de- paragraph (1) to any person other than the acquisition executive of that military de- HIGHER EDUCATION. scribed in section 4(12)(C)(i) of the Office of Section 2323(k) of title 10, United States Federal Procurement Policy Act (41 U.S.C. partment. ‘‘(c) INAPPLICABILITY TO CONTRACTS FOR Code, is amended by striking ‘‘2006’’ both 403(12)(C)(i)). CERTAIN SERVICES.—This section does not places it appears and inserting ‘‘2009’’. ‘‘(C) Nothing in subparagraph (A) shall be apply to procurements of the following serv- SEC. 822. EXTENSION OF MENTOR-PROTEGE PRO- construed— ices: GRAM. ‘‘(i) to limit the applicability of the excep- ‘‘(1) Printing, binding, or blank-book work Section 831 of the National Defense Au- tion in subparagraph (A) or (C) of paragraph to which section 502 of title 44 applies. thorization Act for Fiscal Year 1991 (Public (1) to cost or pricing data on a noncommer- ‘‘(2) Services available under programs Law 101–510; 10 U.S.C. 2302 note) is amended— cial modification of a commercial item; or pursuant to section 103 of the Library of Con- (1) in subsection (j)— ‘‘(ii) to require the submission of cost or gress Fiscal Operations Improvement Act of (A) in paragraph (1), by striking ‘‘Sep- pricing data on any aspect of an acquisition 2000 (Public Law 106–481; 114 Stat. 2187; 2 tember 30, 2005’’ and inserting ‘‘September of a commercial item other than the cost U.S.C. 182c). 30, 2010’’; and and pricing of noncommercial modifications ‘‘(d) INAPPLICABILITY TO COAST GUARD AND (B) in paragraph (2), by striking ‘‘Sep- of such item.’’. NASA.—This section does not apply to the tember 30, 2008’’ and inserting ‘‘September (b) EFFECTIVE DATE AND APPLICABILITY.— Coast Guard when it is not operating as a Paragraph (3) of section 2306a of title 10, 30, 2013’’; and service in the Navy or to the National Aero- United States Code (as added by subsection (2) in subsection (l)(3), by striking ‘‘2007’’ nautics and Space Administration. (a)), shall take effect on January 1, 2005, and and inserting ‘‘2012’’. ‘‘(e) DEFINITIONS.—In this section: shall apply with respect to offers submitted, SEC. 823. EXTENSION OF TEST PROGRAM FOR NE- ‘‘(1) The term ‘head of an agency’ has the and to modifications of contracts or sub- GOTIATION OF COMPREHENSIVE meaning given such term in section 2302 of contracts made, on or after that date. SMALL BUSINESS SUBCONTRACTING this title. PLANS. SEC. 814. DELEGATIONS OF AUTHORITY TO MAKE ‘‘(2) The term ‘acquisition executive’, with DETERMINATIONS RELATING TO Section 834(e) of the National Defense Au- PAYMENT OF DEFENSE CONTRAC- respect to a military department, means the thorization Act for Fiscal Years 1990 and 1991 TORS FOR BUSINESS RESTRUC- official who is designated as the senior pro- (Public Law 101–189; 15 U.S.C. 637 note) is TURING COSTS. curement executive of that military depart- amended by striking ‘‘September 30, 2005’’ Section 2325(a)(2) of title 10, United States ment under section 16(3) of the Office of Fed- and inserting ‘‘September 30, 2010’’. Code, is amended— eral Procurement Policy Act (41 U.S.C. SEC. 824. EXTENSION OF PILOT PROGRAM ON (1) by striking ‘‘paragraph (1) to an offi- 414(3)).’’. SALES OF MANUFACTURED ARTI- cial’’ and all that follows and inserting (2) The table of sections at the beginning of CLES AND SERVICES OF CERTAIN ‘‘paragraph (1), with respect to a business such chapter is amended by inserting after ARMY INDUSTRIAL FACILITIES. combination, to an official of the Depart- the item relating to section 2382 the fol- Section 141(a) of the National Defense Au- ment of Defense—’’; and lowing new item: thorization Act for Fiscal Year 1998 (Public (2) by adding at the end the following: ‘‘2383. Procurements through contracts of Law 105–85; 10 U.S.C. 4543 note) is amended ‘‘(A) below the level of an Assistant Sec- other agencies: service by striking ‘‘through 2004’’ in the first sen- retary of Defense for cases in which the charges.’’. tence and inserting ‘‘through 2009’’.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.075 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7623 Subtitle D—Industrial Base Matters of the national technology and industrial (B) subsection (b)(2) of such section shall SEC. 831. COMMISSION ON THE FUTURE OF THE base. not apply to the employees of the Commis- NATIONAL TECHNOLOGY AND IN- (H) The implementation of policies and sion. DUSTRIAL BASE. planning required under subchapter II of (h) APPLICABILITY OF FEDERAL ADVISORY (a) ESTABLISHMENT.—There is established a chapter 148 of title 10, United States Code, COMMITTEE ACT.—The Federal Advisory commission to be known as the Commission and other provisions of law designed to sup- Committee Act (5 U.S.C. App.) shall not on the Future of the National Technology port the national technology and industrial apply to the Commission. and Industrial Base (hereafter in this section base. (i) TERMINATION.—The Commission shall referred to as the ‘‘Commission’’). (I) The role of the Manufacturing Tech- terminate 30 days after the date on which (b) MEMBERSHIP.—(1) The Commission shall nology program, other Department of De- the Commission submits its report under be composed of 12 members appointed by the fense research and development programs, subsection (e). President. and the utilization of the authorities of the (j) DEFINITION OF NATIONAL TECHNOLOGY (2) The members of the Commission shall Defense Production Act of 1950 to provide AND INDUSTRIAL BASE.—In this section, the include— transformational breakthroughs in advanced term ‘‘national technology and industrial (A) persons with extensive experience and manufacturing technologies and processes base’’ has the meaning given such term in national reputations for expertise in the de- that ensure the strength and productivity of section 2500 of title 10, United States Code. fense industry, commercial industries that the national technology and industrial base. SEC. 832. WAIVER AUTHORITY FOR DOMESTIC support the defense industry, and the eco- SOURCE OR CONTENT REQUIRE- (J) The role of small business concerns in MENTS. nomics, finance, national security, inter- strengthening the national technology and national trade, or foreign policy areas; and (a) AUTHORITY.—Subchapter V of chapter industrial base. 148 of title 10, United States Code, is amend- (B) persons who are representative of labor (e) REPORT.—Not later than March 1, 2007, ed by adding at the end the following new organizations associated with the defense in- the Commission shall submit a report on its section: dustry, and persons who are representative activities to the President and Congress. The of small business concerns or organizations report shall include the following matters: ‘‘§ 2539c. Waiver of domestic source or con- of small business concerns that are involved (1) The findings and conclusions of the tent requirements in Department of Defense contracting and Commission. ‘‘(a) AUTHORITY.—Except as provided in other Federal Government contracting. (2) The recommendations of the Commis- subsection (f), the Secretary of Defense may (3) The appointment of the members of the sion for actions by Federal Government offi- waive the application of any domestic source Commission under this subsection shall be cials to support the maintenance of a robust requirement or domestic content require- made not later than March 1, 2005. national technology and industrial base in ment referred to in subsection (b) and there- (4) Members shall be appointed for the life the 21st century. by authorize the procurement of items that of the Commission. A vacancy in the Com- (3) The recommendations of the Commis- are grown, reprocessed, reused, produced, or mission shall not affect its powers, but shall sion for addressing shortages in critical tech- manufactured— be filled in the same manner in which the nologies, and shortages of raw materials nec- ‘‘(1) in a foreign country that has a Dec- original appointment was made. essary for the production of critical tech- laration of Principles with the United (5) The President shall designate one mem- nologies, that could adversely affect the na- States; ber of the Commission to serve as the Chair- tional security of the United States. ‘‘(2) in a foreign country that has a Dec- man of the Commission. (4) Any recommendations for legislation or laration of Principles with the United States (c) MEETINGS.—(1) The Commission shall changes in regulations to support the imple- substantially from components and mate- meet at the call of the Chairman. mentation of the findings of the Commission. rials grown, reprocessed, reused, produced, or (2) A majority of the members of the Com- (5) A discussion of appropriate measures to manufactured in the United States or any mission shall constitute a quorum, but a implement the recommendations of the Com- foreign country that has a Declaration of lesser number may hold hearings. mission. Principles with the United States; or (d) DUTIES.—(1) The Commission shall— (f) ADMINISTRATIVE REQUIREMENTS AND AU- ‘‘(3) in the United States substantially (A) study the issues associated with the fu- THORITIES.—(1) The Director of the Office of from components and materials grown, re- ture of the national technology and indus- Management and Budget shall ensure that processed, reused, produced, or manufactured trial base in the global economy, particu- the Commission is provided such administra- in the United States or any foreign country larly with respect to its effect on United tive services, facilities, staff, and other sup- that has a Declaration of Principles with the States national security; and port services as may be necessary for the United States. (B) assess the future ability of the national Commission to carry out its duties. Expenses ‘‘(b) COVERED REQUIREMENTS.—For pur- technology and industrial base to attain the of the Commission shall be paid out of funds poses of this section: national security objectives set forth in sec- available to the Director. ‘‘(1) A domestic source requirement is any tion 2501 of title 10, United States Code. (2) The Commission may hold such hear- requirement under law that the Department (2) In carrying out the study and assess- ings, sit and act at such times and places, of Defense satisfy its requirements for an ment under paragraph (1), the Commission take such testimony, and receive such evi- item by procuring an item that is grown, re- shall consider the following matters: dence as the Commission considers advisable processed, reused, produced, or manufactured (A) Existing and projected future capabili- to carry out the purposes of this section. in the United States or by a manufacturer ties of the national technology and indus- (3) The Commission may secure directly that is a part of the national technology and trial base. from any Federal department or agency such industrial base (as defined in section 2500(1) (B) The impact on the national technology information as the commission considers of this title). and industrial base of civil-military integra- necessary to carry out the provisions of this ‘‘(2) A domestic content requirement is any tion and the growing dependence of the De- section. Upon a request of the Chairman of requirement under law that the Department partment of Defense on the commercial mar- the Commission, the head of such depart- of Defense satisfy its requirements for an ket for defense products and services. ment or agency shall furnish such informa- item by procuring an item produced or man- (C) Any current or projected shortages of a tion to the Commission. ufactured partly or wholly from components critical technology (as defined in section (4) The Commission may use the United and materials grown, reprocessed, reused, 2500(6) of title 10, United States Code), or the States mails in the same manner and under produced, or manufactured in the United raw materials necessary for the production the same conditions as other departments States. of such technology, that could adversely af- and agencies of the Federal Government. ‘‘(c) APPLICABILITY.—The authority of the fect the national security of the United (g) PERSONNEL MATTERS.—(1) Members of Secretary to waive the application of a do- States. the Commission shall serve without com- mestic source or content requirements under (D) The effects of domestic source restric- pensation for their service on the Commis- subsection (a) applies to the procurement of tions on the strength of the national tech- sion, except that each member of the Com- items for which the Secretary of Defense de- nology and industrial base. mission who is not an officer or employee of termines that— (E) The effects of the policies and practices the United States shall be allowed travel ex- ‘‘(1) application of the requirement would of United States allies and trading partners penses, including per diem in lieu of subsist- impede the reciprocal procurement of de- on the national technology and industrial ence, at rates authorized for employees of fense items under a Declaration of Principles base. agencies under subchapter I of chapter 57 of with the United States; and (F) The effects on the national technology title 5, United States Code, while away from ‘‘(2) such country does not discriminate and industrial base of laws and regulations their homes or regular places of business in against defense items produced in the United related to international trade and the export the performance of services for the Commis- States to a greater degree than the United of defense technologies and dual-use tech- sion. States discriminates against defense items nologies. (2) Section 3161 of title 5, United States produced in that country. (G) The adequacy of programs that support Code, shall apply to the Commission, except ‘‘(d) LIMITATION ON DELEGATION.—The au- science and engineering education, including that— thority of the Secretary to waive the appli- programs that support defense science and (A) members of the Commission shall not cation of domestic source or content require- engineering efforts at institutions of higher be entitled to pay for services under sub- ments under subsection (a) may not be dele- learning, with respect to meeting the needs section (d) of such section; and gated to any officer or employee other than

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the Under Secretary of Defense for Acquisi- (b) ELIMINATION OF UNRELIABLE SOURCE FOR tive performance of all of the responsibilities tion, Technology and Logistics. ITEMS AND COMPONENTS.—Section 821 of such of those positions. ‘‘(e) CONSULTATIONS.—The Secretary may Act (117 Stat. 1546; 10 U.S.C. 2534 note) is re- (d) STRATEGIC ASSESSMENT AND PLAN.—(1) grant a waiver of the application of a domes- pealed. The Secretary of Defense shall— tic source or content requirement under sub- Subtitle E—Defense Acquisition and Support (A) assess the extent to which the Depart- section (a) only after consultation with the Workforce ment of Defense can recruit, retain, train, United States Trade Representative, the Sec- and provide professional development oppor- retary of Commerce, and the Secretary of SEC. 841. LIMITATION AND REINVESTMENT AU- tunities for acquisition professionals over THORITY RELATING TO REDUCTION State. OF THE DEFENSE ACQUISITION AND the 10-fiscal year period beginning with fis- ‘‘(f) LAWS NOT WAIVABLE.—The Secretary SUPPORT WORKFORCE. cal year 2005; and of Defense may not exercise the authority (a) LIMITATION.—Notwithstanding any (B) develop a human resources strategic under subsection (a) to waive any domestic other provision of law, the defense acquisi- plan for the defense acquisition and support source or content requirement contained in tion and support workforce may not be re- workforce that includes objectives and any of the following laws: duced, during fiscal years 2005, 2006, and 2007, planned actions for improving the manage- ‘‘(1) The Small Business Act (15 U.S.C. 631 below the level of that workforce as of Sep- ment of such workforce. (2) The Secretary shall submit to Congress, et seq.). tember 30, 2003, determined on the basis of not later than April 1, 2005, a report on the ‘‘(2) The Javits-Wagner-O’Day Act (41 full-time employee equivalence, except as progress made in— U.S.C. 46 et seq.). may be necessary to strengthen the defense (A) completing the assessment required ‘‘(3) Sections 7309 and 7310 of this title. acquisition and support workforce in higher under paragraph (1); and ‘‘(4) Section 2533a of this title. priority positions in accordance with this ‘‘(g) RELATIONSHIP TO OTHER WAIVER AU- (B) completing and implementing the stra- section. THORITY.—The authority under subsection tegic plan required under such paragraph. (b) INCREASE AND REALIGNMENT OF WORK- (a) to waive a domestic source requirement (e) DEFENSE ACQUISITION AND SUPPORT FORCE.—(1)(A) During fiscal years 2005, 2006, or domestic content requirement is in addi- WORKFORCE DEFINED.—In this section, the and 2007, the Secretary of Defense shall in- tion to any other authority to waive such re- term ‘‘defense acquisition and support work- crease the number of persons employed in quirement. force’’ means members of the Armed Forces the defense acquisition and support work- ‘‘(h) CONSTRUCTION WITH RESPECT TO LATER and civilian personnel who are assigned to, force as follows: ENACTED LAWS.—This section may not be or are employed in, an organization of the (i) During fiscal year 2005, to 105 percent of construed as being inapplicable to a domes- Department of Defense that has acquisition the baseline number (as defined in subpara- tic source requirement or domestic content as its predominant mission, as determined graph (B)). requirement that is set forth in a law en- by the Secretary of Defense. (ii) During fiscal year 2006, to 110 percent acted after the enactment of this section SEC. 842. DEFENSE ACQUISITION WORKFORCE of the baseline number. solely on the basis of the later enactment. IMPROVEMENTS. (iii) During fiscal year 2007, to 115 percent ‘‘(i) DECLARATION OF PRINCIPLES.—(1) In (a) SELECTION CRITERIA FOR ACQUISITION of the baseline number. this section, the term ‘Declaration of Prin- CORPS AND FOR CRITICAL ACQUISITION POSI- (B) In this paragraph, the term ‘‘baseline ciples’ means a written understanding (in- TIONS.—(1) Section 1732(b)(1)(A) of title 10, cluding any Statement of Principles) be- number’’, with respect to persons employed United States Code, is amended by striking tween the Department of Defense and its in the defense acquisition and support work- ‘‘within grade GS–13 or above of’’ and insert- counterpart in a foreign country signifying a force, means the number of persons em- ing ‘‘for which the employee is being paid at cooperative relationship between the Depart- ployed in such workforce as of September 30, a rate of basic pay that equals or exceeds the ment and its counterpart to standardize or 2003 (determined on the basis of full-time minimum rate of basic pay provided for make interoperable defense equipment used employee equivalence). grade GS–13 under’’. by the armed forces and the armed forces of (C) The Secretary of Defense may waive a (2) Section 1733(b)(1)(A)(i) of such title is the foreign country across a broad spectrum requirement in subparagraph (A) and, sub- amended by striking ‘‘in a position within of defense activities, including— ject to subsection (a), employ in the defense grade GS–14 or above of the General Sched- ‘‘(A) harmonization of military require- acquisition and support workforce a lesser ule, or’’ and inserting ‘‘who is currently ments and acquisition processes; number of employees if the Secretary deter- serving in a position for which the employee ‘‘(B) security of supply; mines and certifies to the congressional de- is being paid at a rate of basic pay that ‘‘(C) export procedures; fense committees that the cost of increasing equals or exceeds the minimum rate of basic ‘‘(D) security of information; such workforce to the larger size as required pay provided for grade GS–14 under the Gen- ‘‘(E) ownership and corporate governance; under that subparagraph would exceed the eral Schedule or is required to be filled by an ‘‘(F) research and development; savings to be derived from the additional employee who is’’. ‘‘(G) flow of technical information; and oversight that would be achieved by having a (b) SCHOLARSHIP PROGRAM.—Section 1742 of ‘‘(H) defense trade. defense acquisition and support workforce of such title is amended— ‘‘(2) A Declaration of Principles is under- such larger size. (1) by inserting ‘‘(a) REQUIRED PRO- pinned by a memorandum of understanding (2) During fiscal years 2005, 2006, and 2007, GRAMS.—’’ before ‘‘The Secretary of Defense or other agreement providing for the recip- the Secretary of Defense may realign any shall conduct’’; and rocal procurement of defense items between part of the defense acquisition and support (2) by adding at the end the following new the United States and the foreign country workforce to support reinvestment in other, subsection: concerned without unfair discrimination in higher priority positions in such workforce. ‘‘(b) SCHOLARSHIP PROGRAM REQUIRE- accordance with section 2531 of this title.’’. (c) HIGHER PRIORITY POSITIONS.—For the MENTS.—(1) Each recipient of a scholarship (b) CLERICAL AMENDMENT.—The table of purposes of this section, higher priority posi- under a program conducted under subsection sections at the beginning of such subchapter tions in the defense acquisition and support (a)(3) shall be required to sign a written is amended by inserting after the item relat- workforce include the following positions: agreement that sets forth the terms and con- ing to section 2539b the following new item: (1) Positions the responsibilities of which ditions of the scholarship. The agreement ‘‘2539c. Waiver of domestic source or content include drafting performance-based work shall include the following: requirements.’’. statements for services contracts and over- ‘‘(A) Criteria for the recipient’s continued SEC. 833. CONSISTENCY WITH UNITED STATES seeing the performance of contracts awarded eligibility for the scholarship. OBLIGATIONS UNDER TRADE pursuant to such work statements. ‘‘(B) The terms of any requirement for the AGREEMENTS. (2) Positions the responsibilities of which recipient to reimburse the United States for No provision of this Act or any amendment include conducting spending analyses, nego- educational assistance provided under the made by this Act shall apply to a procure- tiating company-wide pricing agreements, scholarship upon— ment by or for the Department of Defense to and taking other measures to reduce con- ‘‘(i) a failure by the recipient to satisfy the the extent that the Secretary of Defense, in tract costs. criteria for continued eligibility for the consultation with the Secretary of Com- (3) Positions the responsibilities of which scholarship; or merce, the United States Trade Representa- include reviewing contractor quality control ‘‘(ii) a termination of the recipient’s serv- tive, and the Secretary of State, determines systems, assessing and analyzing quality de- ice in the Department of Defense before the that it is inconsistent with United States ob- ficiency reports, and taking other measures end of any period of obligated service pro- ligations under a trade agreement. to improve product quality. vided in the agreement, as described in para- SEC. 834. REPEAL OF CERTAIN REQUIREMENTS (4) Positions the responsibilities of which graph (2). AND LIMITATIONS RELATING TO include effectively conducting public-private ‘‘(2) Subject to paragraph (3)(C), a recipient THE DEFENSE INDUSTRIAL BASE. competitions in accordance with Office of of a scholarship under the program shall re- (a) ESSENTIAL ITEM IDENTIFICATION AND DO- Management and Budget Circular A–76. imburse the United States the total amount MESTIC PRODUCTION CAPABILITIES IMPROVE- (5) Any other positions in the defense ac- of educational assistance provided to the re- MENT.—Sections 812, 813, and 814 of the Na- quisition and support workforce that the cipient under the program if the recipient is tional Defense Authorization Act for Fiscal Secretary of Defense identifies as being high- voluntarily separated from service or invol- Year 2004 (Public Law 108–136; 117 Stat. 1542, er priority positions that are staffed at lev- untarily separated for cause from the De- 1543, 1545; 10 U.S.C. 2501 note) are repealed. els not likely to ensure efficient and effec- partment of Defense before the end of any

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PERFORMANCE OF CERTAIN WORK BY a condition of the scholarship, to continue in sion is based on the results of a public-pri- FEDERAL GOVERNMENT EMPLOY- the service of the Department of Defense in vate competition process that— EES. an acquisition position. ‘‘(i) formally compares the cost of civilian (a) GUIDELINES.—(1) The Secretary of De- ‘‘(3)(A) If an employee fails to fulfill an employee performance of that function with fense shall prescribe guidelines and proce- agreement to pay the Government any the costs of performance by a contractor; dures for ensuring that consideration is amount of educational assistance provided to ‘‘(ii) creates an agency tender, including a given to using Federal Government employ- that person under the program, a sum equal most efficient organization plan, in accord- ees on a regular basis for work that is per- to such amount of the educational assistance ance with Office of Management and Budget formed under Department of Defense con- is recoverable by the Government from the Circular A–76, as implemented on May 29, tracts and could be performed by Federal employee or his estate by— 2003; Government employees. ‘‘(i) setoff against accrued pay, compensa- ‘‘(iii) requires continued performance of (2) The guidelines and procedures pre- tion, amount of retirement credit, or other the function by civilian employees unless scribed under paragraph (1) shall provide for amount due the employee from the Govern- the competitive sourcing official concerned special consideration to be given to con- ment; and determines that, over all performance peri- tracts that— ‘‘(ii) such other method as is provided by ods stated in the solicitation of offers for (A) have been performed by Federal Gov- law for the recovery of amounts owing to the performance of the activity or function, the ernment employees at any time on or after Government. cost of performance of the activity or func- October 1, 1980; ‘‘(B) An obligation to reimburse the United tion by a contractor would be less costly to (B) are associated with the performance of States under an agreement entered into the Department of Defense by an amount inherently governmental functions; under this subsection is for all purposes a that equals or exceeds the lesser of $10,000,000 (C) were not awarded on a competitive debt owed to the United States. or 10 percent of the most efficient organiza- basis; or ‘‘(C) The Secretary of Defense may waive tion’s personnel-related costs for perform- (D) have been determined by a contracting in whole or in part a reimbursement required ance of that activity or function by Federal officer to be poorly performed due to exces- under this subsection or under an agreement employees; and sive costs or inferior quality. (b) NEW REQUIREMENTS.—(1) No public-pri- entered into under this subsection if the Sec- ‘‘(iv) ensures that the public sector bid vate competition may be required under Of- retary determines that the recovery would would not be disadvantaged in the cost com- fice of Management and Budget Circular A– be against equity and good conscience or parison process by a proposal of an offeror to 76 or any other provision of law or regulation would be contrary to the best interests of reduce costs for the Department of Defense before the performance of a new requirement the United States. by not making an employer-sponsored health by Federal Government employees com- ‘‘(D) A discharge in bankruptcy under title insurance plan available to the workers who mences, the performance by Federal Govern- 11 that is entered less than five years after are to be employed in the performance of ment employees of work pursuant to sub- the termination of an agreement entered such function under a contract or by offering section (a) commences, or the scope of an ex- into under this subsection does not discharge to such workers an employer-sponsored health benefits plan that requires the em- isting activity performed by Federal Govern- a person executing the agreement from a ployer to contribute less towards the pre- ment employees is expanded. Office of Man- debt arising under this subsection or such mium or subscription share than that which agement and Budget Circular A–76 shall be agreement. is paid by the Department of Defense for revised to ensure that the heads of all Fed- ‘‘(4) Nothing in this subsection shall be health benefits for civilian employees under eral agencies give fair consideration to the considered to require that a position be of- chapter 89 of title 5. performance of new requirements by Federal fered to a recipient of a scholarship under ‘‘(B) Any function that is performed by ci- Government employees. the program after such recipient successfully vilian employees of the Department of De- (2) The Secretary of Defense shall, to the completes the course of education for which fense and is proposed to be reengineered, re- maximum extent practicable, ensure that the scholarship is granted. However, the organized, modernized, upgraded, expanded, Federal Government employees are fairly agreement entered into under this sub- or changed in order to become more efficient considered for the performance of new re- section with respect to such scholarship shall not be considered a new requirement quirements, with special consideration given shall be considered terminated if the recipi- for the purpose of the competition require- to new requirements that include functions ent is not, within the time specified in the ments in subparagraph (A) or the require- that— agreement, offered a full-time acquisition ments for public-private competition in Of- (A) are similar to functions that have been position in the Department of Defense that— fice of Management and Budget Circular A– performed by Federal Government employ- ‘‘(A) is commensurate with the recipient’s 76. ees at any time on or after October 1, 1980; or academic degree and experience; and ‘‘(C) A function performed by more than 10 (B) are associated with the performance of ‘‘(B) is— Federal Government employees may not be inherently governmental functions. ‘‘(i) in the excepted service, if the recipient separated into separate functions for the (c) USE OF FLEXIBLE HIRING AUTHORITY.— has not previously acquired competitive sta- purposes of avoiding the competition re- The Secretary shall include the use of the tus, with the right, after successful comple- quirement in subparagraph (A) or the re- flexible hiring authority available through quirements for public-private competition in tion of two years of service and such other the National Security Personnel System in Office of Management and Budget Circular requirements as the Office of Personnel Man- order to facilitate performance by Federal A–76. agement may prescribe, to be appointed to a Government employees of new requirements position in the competitive service, notwith- ‘‘(D) The Secretary of Defense may waive the requirement for a public-private com- and work that is performed under Depart- standing subchapter I of chapter 33 of title 5; ment of Defense contracts. or petition under subparagraph (A) in specific instances if— (d) INSPECTOR GENERAL REPORT.—Not later ‘‘(ii) in the competitive service, if the re- than 180 days after the enactment of this cipient has previously acquired competitive ‘‘(i) the written waiver is prepared by the Secretary of Defense or the relevant Assist- Act, the Inspector General of the Depart- status.’’. ment of Defense shall submit to the Commit- (c) AUTHORITY TO ESTABLISH DIFFERENT ant Secretary of Defense, Secretary of a military department, or head of a Defense tees on Armed Services of the Senate and the MINIMUM REQUIREMENTS.—(1) Section 1764(b) House of Representatives a report on the of such title is amended— Agency; ‘‘(ii) the written waiver is accompanied by compliance of the Secretary of Defense with (A) by redesignating paragraph (5) as para- the requirements of this section. graph (6); and a detailed determination that national security interests are so compelling as to pre- (e) DEFINITIONS.—In this section: (B) by inserting after paragraph (4) the fol- (1) The term ‘‘National Security Personnel lowing new paragraph (5): clude compliance with the requirement for a public-private competition; and System’’ means the human resources man- ‘‘(5) Deputy program manager.’’. agement system established under the au- (2) Paragraph (1) of such section is amend- ‘‘(iii) a copy of the waiver is published in the Federal Register within 10 working days thority of section 9902 of title 5, United ed by striking ‘‘in paragraph (5)’’ and insert- States Code. ing ‘‘in paragraph (6)’’. after the date on which the waiver is granted, although use of the waiver need not be (2) The term ‘‘inherently governmental Subtitle F—Public-Private Competitions delayed until its publication.’’. function’’ has the meaning given that term SEC. 851. PUBLIC-PRIVATE COMPETITION FOR (b) INAPPLICABILITY TO BEST-VALUE SOURCE in section 5 of the Federal Activities Inven- WORK PERFORMED BY CIVILIAN EM- SELECTION PILOT PROGRAM.—(1) Paragraph tory Reform Act of 1998 (Public Law 105–270; PLOYEES OF THE DEPARTMENT OF (5) of section 2461(b) of title 10, United States 112 Stat. 2384; 31 U.S.C. 501 note). DEFENSE. Code, as added by subsection (a), shall not SEC. 853. COMPETITIVE SOURCING REPORTING (a) LIMITATION.—Section 2461(b) of title 10, apply with respect to the pilot program for REQUIREMENT. United States Code, is amended by adding at best-value source selection for performance Not later than February 1, 2005, the Inspec- the end the following new paragraph: of information technology services author- tor General of the Department of Defense ‘‘(5)(A) Notwithstanding subsection (d), a ized by section 336 of the National Defense shall submit to Congress a report addressing function of the Department of Defense per- Authorization Act for Fiscal Year 2004 (Pub- whether the Department of Defense— formed by 10 or more civilian employees may lic Law 108–136; 117 Stat. 1444; 10 U.S.C. 2461 (1) employs a sufficient number of ade- not be converted, in whole or in part, to per- note). quately trained civilian employees—

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(A) to conduct satisfactorily, taking into the amount necessary to reimburse that ac- (c) OPTIONS FOR ENHANCED AND COST-EF- account equity, efficiency and expeditious- count for costs charged to that account for FECTIVE CONTRACTOR SECURITY.—The plan ness, all of the public-private competitions military pay and allowances in connection under subsection (a) shall include assessed that are scheduled to be undertaken by the with the use of reserve component personnel options for enhancing contractor security Department of Defense during the next fiscal for such acquisition program under this sec- and reducing contractor security costs in year (including a sufficient number of em- tion. Iraq or in locations of armed conflict in the ployees to formulate satisfactorily the per- (2) Not more than $10,000,000 may be trans- future. The options covered shall include the formance work statements and most effi- ferred under this subsection during any fis- following: cient organization plans for the purposes of cal year of the demonstration program. (1) Temporary commissioning of con- such competitions); and (3) Funds transferred to an account under tractor security personnel as reserve compo- (B) to administer any resulting contracts; this subsection shall be merged with other nent officers in order to subject such per- and sums in the account and shall be available sonnel to the military chain of command. (2) has implemented a comprehensive and for the same period and purposes as the sums (2) Requiring contractor security personnel reliable system to track and assess the cost with which merged. to obtain security clearances to facilitate (4) The transfer authority under this sub- and quality of the performance of functions the communication of critical threat infor- section is in addition to any other transfer of the Department of Defense by service con- mation. authority provided in this or any other Act. tractors. (3) Establishing a contract schedule for (d) NONWAIVER OF PERSONNEL AND TRAINING companies furnishing contractor security Subtitle G—Other Matters POLICIES AND PROCEDURES.—Nothing in this personnel to provide a more orderly process SEC. 861. INAPPLICABILITY OF CERTAIN FISCAL section may be construed to authorize any for the selection, training, and compensation LAWS TO SETTLEMENTS UNDER SPE- deviation from established personnel or of such personnel. CIAL TEMPORARY CONTRACT training policies or procedures that are ap- CLOSEOUT AUTHORITY. (4) Establishing a contract schedule for plicable to the reserve components of the companies to provide more cost-effective in- Section 804(a) of the National Defense Au- personnel used under the demonstration pro- thorization Act for Fiscal Year 2004 (Public surance for contractor security personnel. gram. (5) Providing for United States indem- Law 108–136; 117 Stat. 1541) is amended— (e) TERMINATION.—The demonstration pro- (1) by inserting ‘‘(1)’’ after ‘‘(a) AUTHOR- nification of contractors to reduce the costs gram under this section shall terminate on of insuring contractor security personnel. ITY.—’’; and September 30, 2009. SEC. 865. REPORT ON CONTRACTOR PERFORM- (2) by adding at the end the following new SEC. 863. APPLICABILITY OF COMPETITION EX- paragraph: ANCE OF SECURITY, INTELLIGENCE, CEPTIONS TO ELIGIBILITY OF NA- LAW ENFORCEMENT, AND CRIMINAL ‘‘(2) Under regulations which the Secretary TIONAL GUARD FOR FINANCIAL AS- JUSTICE FUNCTIONS IN IRAQ. of Defense may prescribe, a settlement of a SISTANCE FOR PERFORMANCE OF (a) REPORT REQUIRED.—Not later than 60 financial account for a contract for the pro- ADDITIONAL DUTIES. days after the date of the enactment of this Section 113(b)(1)(B) of title 32, United curement of property or services under para- Act, the Secretary of Defense shall submit to graph (1) may be made without regard to— States Code, is amended by inserting before the congressional defense committees a re- ‘‘(A) section 1301 of title 31, United States the period at the end the following: ‘‘, sub- port on the procurement of services, by an Code; and ject to the exceptions provided in section agency of the United States Government or ‘‘(B) any other provision of law that would 2304(c) of title 10’’. by the Coalition Provisional Authority, for preclude the Secretary from charging pay- SEC. 864. MANAGEMENT PLAN FOR CONTRACTOR the performance of security, intelligence, ments under the contract— SECURITY PERSONNEL. law enforcement, and criminal justice func- ‘‘(i) to an unobligated balance in an appro- (a) REQUIREMENT FOR PLAN.—Not later tions in Iraq. priation available for funding that contract; than 90 days after the date of the enactment (b) CONTENT.—The report under subsection or of this Act, the Secretary of Defense shall (a) shall include, at a minimum, the fol- ‘‘(ii) if and to the extent that the unobli- submit to the congressional defense commit- lowing: gated balance (if any) in such appropriation tees, the Select Committee on Intelligence of (1) Each security, intelligence, law enforce- is insufficient for funding such payments, to the Senate, and the Permanent Select Com- ment, or criminal justice function performed any current appropriation that is available mittee on Intelligence of the House of Rep- by a contractor in Iraq. to the Department of Defense for funding resentatives a plan for the management and (2) For each such function— contracts for the procurement of the same or oversight of contractor security personnel by (A) a determination of whether such func- similar property or services.’’. Federal Government personnel in areas tion is an inherently governmental function, where the Armed Forces are engaged in mili- SEC. 862. DEMONSTRATION PROGRAM ON EX- together with a discussion of the factual PANDED USE OF RESERVES TO PER- tary operations. In the preparation of such basis and rationale for that determination; FORM DEVELOPMENTAL TESTING, plan, the Secretary shall coordinate, as ap- (B) an explanation of the basis for the deci- NEW EQUIPMENT TRAINING, AND propriate, with the heads of other depart- sion to rely on a contractor to perform such RELATED ACTIVITIES. ments and agencies of the Federal Govern- function, including a discussion of the extent (a) REQUIREMENT FOR PROGRAM.—The Sec- ment that would be affected by the imple- to which the Armed Forces lacked the exper- retary of the Army shall carry out a dem- mentation of the plan. tise or manpower to perform that function onstration program on use of members of re- (b) POLICIES AND PROCEDURES.—The plan using Armed Forces personnel; serve components of the Armed Forces to under this section shall set forth policies and (C) a description of the chain of command perform test, evaluation, and related activi- procedures applicable to contractor security for the contractor performing such function, ties for an acquisition program. The Sec- personnel in potentially hazardous areas of together with a discussion of the manner in retary shall design and carry out the dem- military operations. The policies and proce- which the United States Government or the onstration program to achieve the purposes dures shall address the following matters: Coalition Provisional Authority supervises set forth in subsection (b). (1) Warning contractor security personnel and directs the contractor’s performance of (b) PURPOSES.—The purposes of the dem- of potentially hazardous situations. that function; and onstration program are as follows: (2) Coordinating the movement of con- (D) what sanctions are available to impose (1) To determine whether cost savings and tractor security personnel, especially on any contractor employee who— other benefits result from use of members of through areas of increased risk or planned or (i) fails to comply with a requirement of reserve components of the Armed Forces in- ongoing military operations. law or regulation that applies to such em- stead of contractor personnel to perform test (3) Rapidly identifying contractor security ployee in the performance of that function; and evaluation activities for an acquisition personnel by members of the Armed Forces. or program and related acquisition, logistics, (4) Sharing relevant threat information (ii) engages in other misconduct in the per- and new equipment training activities for with contractor security personnel, and re- formance of that function. the acquisition program. ceiving information gathered by contractor (3) An explanation of the legal status of (2) To evaluate the advisability of using security personnel for use by United States contractor employees in the performance of appropriations available for multiyear re- and coalition forces. such functions after the administration of search, development, test, and evaluation (5) Providing appropriate assistance to the sovereign powers of Iraq is transferred and appropriations available for multiyear contractor security personnel who become from the Coalition Provisional Authority to procurements to reimburse reserve compo- engaged in hostile situations. a government of Iraq on June 30, 2004. nents for the pay, allowances, and other ex- (6) Providing medical assistance for, and (c) COORDINATION.—In the preparation of penses paid to or for Reserves used for the evacuation of, contractor personnel who be- the report under this section, the Secretary acquisition program as described in para- come casualties as a result of enemy actions. of Defense shall coordinate, as appropriate, graph (1). (7) Investigating background and qualifica- with the heads of any departments and agen- (c) REIMBURSEMENT OF PERSONNEL AC- tions of contractor security personnel and cies of the Federal Government that are in- COUNTS OUT OF PROCUREMENT AND RDT&E organizations. volved in the procurement of services for the ACCOUNTS.—(1) The Secretary of the Army (8) Establishing rules of engagement for performance of functions described in sub- may transfer from funds available to the armed contractor security personnel, and en- section (a). Army for an acquisition program to a re- suring proper training and compliance with (d) ADDITIONAL CONGRESSIONAL RECIPI- serve component military personnel account the rules of engagement. ENTS.—In addition to submitting the report

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ACCREDITATION STUDY OF COMMER- ‘‘(1) The term ‘head of an agency’ has the programs. CIAL OFF-THE-SHELF PROCESSES meaning given such term in section 2302(1) of SEC. 870. AVAILABILITY OF FEDERAL SUPPLY FOR EVALUATING INFORMATION this title, except that such term does not in- SCHEDULE SUPPLIES AND SERVICES TECHNOLOGY PRODUCTS AND SERV- clude the Secretary of Homeland Security or TO UNITED SERVICE ORGANIZA- ICES. the Administrator of the National Oceanic TIONS, INCORPORATED. (a) REQUIREMENT FOR STUDY.—The Sec- and Atmospheric Administration. Section 220107 of title 36, United States Code, is amended by inserting after ‘‘Depart- retary of Defense shall carry out a study of ‘‘(2) The term ‘inherently governmental ment of Defense’’ the following: ‘‘, including commercial off-the-shelf processes that are functions’ has the meaning given such term access to General Services Administration available for measuring the quality of infor- in subpart 7.5 of part 7 of the Federal Acqui- supplies and services through the Federal mation technology and related services sition Regulation. through assessment of the production meth- Supply Schedule of the General Services Ad- ‘‘(3) The term ‘functions closely associated ministration,’’. ods of the producers of the technology. with inherently governmental functions’ (b) PURPOSES.—The purposes of the study SEC. 871. ACQUISITION OF AERIAL REFUELING means the functions described in section of commercial off-the-shelf processes under AIRCRAFT FOR THE AIR FORCE. 7.503(d) of the Federal Acquisition Regula- subsection (a) are as follows: (a) COMPLIANCE WITH APPLICABLE REQUIRE- tion. (1) To assess the value of such a process as MENTS.—The Secretary of Defense shall en- ‘‘(4) The term ‘organizational conflict of a consistent methodology for identifying sure that the Secretary of the Air Force does interest’ has the meaning given such term in high quality information technology and the not proceed with the acquisition of aerial re- subpart 9.5 of part 9 of the Federal Acquisi- engineering sources capable of providing fueling aircraft for the Air Force by lease or tion Regulation.’’. high quality information technology and re- other contract, either with full and open (2) The table of sections at the beginning of competition or under section 135 of the Na- lated services. such chapter is amended by inserting after (2) To determine whether to accredit such tional Defense Authorization Act for Fiscal the item relating to section 2382 the fol- Year 2004 (Public Law 108–136; 117 Stat. 1413) a process for use in procurements of informa- lowing new item: tion technology and related services until the date that is 60 days after the date on which the Secretary Defense has— throughout the Department of Defense. ‘‘2383. Contractor performance of acquisition (c) SAVINGS AND ENHANCEMENTS.—In car- functions closely associated (1) reviewed all documentation for the ac- rying out the study under subsection (a), the with inherently governmental quisition, including— Secretary shall determine the benefits that functions.’’. (A) the completed aerial refueling analysis would result for the Department of Defense (b) EFFECTIVE DATE AND APPLICABILITY.— of alternatives (AOA) required by section from use throughout the Department of De- Section 2383 of title 10, United States Code 134(b) of the National Defense Authorization fense of a commercial off-the-shelf process (as added by subsection (a)), shall take effect Act for Fiscal Year 2004, pursuant to ‘‘Anal- described in that subsection to measure the on the date of enactment of this Act and ysis of Alternatives (AoA) Guidance of KC– quality of information technology products shall apply to— 135 Recapitalization’’, dated February 24, and services in procurements described in (1) contracts entered into on or after such 2004; subsection (b)(2), including— date; (B) the completed aerial refueling portion (1) projected annual savings in costs of de- (2) any task or delivery order issued on or of the Mobility Capabilities Study; velopment and maintenance of information after such date under a contract entered into (C) a new validated capabilities document technology; and before, on, or after such date; and in accordance with the applicable Chairman (2) quantified enhancements of produc- (3) any decision on or after such date to ex- of Joint Chiefs of Staff Instruction; and tivity, schedule, performance, deficiency ercise an option or otherwise extend a con- (D) the approval of a Defense Acquisition rates, and predictability. tract for program management or oversight Board in accordance with Department of De- (d) BASELINE DATA.—To define a baseline of contracts for the reconstruction of Iraq, fense regulations; and for measuring benefits under subsection (c), regardless of whether such program manage- (2) submitted to the congressional defense the Secretary shall use empirical data that ment or oversight contract was entered into committees a determination in writing that is readily available to the Department of De- before, on, or after the date of enactment of the acquisition is in compliance with all cur- fense and contractor sources. this Act. rently applicable laws, Office of Management (e) INFORMATION CONSIDERED.—The Sec- SEC. 868. CONTRACTING WITH EMPLOYERS OF and Budget circulars, and regulations. retary of Defense may consider projections PERSONS WITH DISABILITIES. (b) INDEPENDENT REVIEW.—Not later than 45 days after the Secretary of Defense makes of savings and quantifications of enhance- (a) INAPPLICABILITY OF RANDOLPH- the determination described in paragraph (2) ments that are submitted by a contractor. SHEPPARD ACT.—The Randolph-Sheppard Act of subsection (a), the Comptroller General (f) INFORMATION TECHNOLOGY DEFINED.—In does not apply to any contract described in and the Inspector General of the Department this section, the term ‘‘information tech- subsection (b) for so long as the contract is of Defense shall each review the documenta- nology’’ has the meaning given such term in in effect, including for any period for which tion referred to in paragraph (1) of such subsection 11101(6) of title 40, United States the contract is extended pursuant to an op- Code. section and submit to the congressional de- tion provided in the contract. fense committees a report on the extent to SEC. 867. CONTRACTOR PERFORMANCE OF AC- (b) JAVITS-WAGNER-O’DAY CONTRACTS.— which the acquisition is— QUISITION FUNCTIONS CLOSELY AS- Subsection (a) applies to any contract for (1) in compliance with the requirements of SOCIATED WITH INHERENTLY GOV- the operation of a military mess hall, mili- this section and all currently applicable ERNMENTAL FUNCTIONS. tary troop dining facility, or any similar din- laws, Office of Management and Budget cir- (a) LIMITATION.—(1) Chapter 141 of title 10, ing facility operated for the purpose of pro- culars, and regulations; and United States Code, is amended by inserting viding meals to members of the Armed (2) consistent with the analysis of alter- after section 2382 the following new section: Forces that— natives referred to in subparagraph (A) of ‘‘§ 2383. Contractor performance of acquisi- (1) was entered into before the date of the subsection (a)(1) and the other documentation functions closely associated with in- enactment of this Act with a nonprofit agen- herently governmental functions tion referred to in such subsection. cy for the blind or an agency for other se- (c) LIMITATION ON ACQUISITION BEYOND ‘‘(a) LIMITATION.—The head of an agency verely handicapped in compliance with sec- LOW-RATE INITIAL PRODUCTION.—(1) The ac- may enter a contract for the performance of tion 3 of the Javits-Wagner-O’Day Act (41 quisition by lease or other contract of any acquisition functions closely associated with U.S.C. 48); and aerial refueling aircraft for the Air Force be- inherently governmental functions only if (2) either— yond low-rate initial production shall be sub- the Secretary determines that— (A) is in effect on such date; or ject to, and for such acquisition the Sec- ‘‘(1) appropriate military or civilian per- (B) was in effect on the date of the enact- retary of the Air Force shall comply with, sonnel of the Department of Defense cannot ment of the National Defense Authorization the requirements of sections 2366 and 2399 of reasonably be made available to perform the Act for Fiscal Year 2004 (Public Law 108–136). title 10, United States Code. functions; (c) REPEAL OF SUPERSEDED LAW.—Section (2) For the purposes of this subsection, the ‘‘(2) appropriate military or civilian per- 852 of the National Defense Authorization term ‘‘low-rate initial production’’, with re- sonnel of the Department of Defense are— Act for Fiscal Year 2004 (Public Law 108–136; spect to a lease, shall have the same mean- ‘‘(A) to supervise contractor performance 117 Stat. 1556) is repealed. ing as applies in the administration of sec- of the contract; and SEC. 869. ENERGY SAVINGS PERFORMANCE CON- tions 2366 and 2399 of title 10, United States ‘‘(B) to perform all inherently govern- TRACTS. Code, with regard to any other form of acqui- mental functions associated with the func- The Secretary of Defense shall, to the ex- sition. tions to be performed under the contract; tent practicable, exercise existing statutory (d) SOURCE SELECTION FOR INTEGRATED and authority, including the authority provided SUPPORT OF AERIAL REFUELING AIRCRAFT

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FLEET.—For the selection of a provider of in- (F) Personnel pay and other forms of com- equipment and the funding provided for Na- tegrated support for the aerial refueling air- pensation. tional Guard and other reserve component craft fleet in any acquisition by lease or (G) Other personnel benefits, including personnel in active duty military personnel other contract of aerial refueling aircraft for health care. accounts and reserve military personnel ac- the Air Force, the Secretary of the Air Force (3) Members of the Commission shall be ap- counts. shall— pointed for the life of the Commission. A va- (d) FIRST MEETING.—The Commission shall (1) before selecting the provider, perform cancy in the membership of the Commission hold its first meeting not later than 30 days all analyses required by law of— shall not affect the powers of the Commis- after the date on which all members of the (A) the costs and benefits of— sion, but shall be filled in the same manner Commission have been appointed. (i) the alternative of using Federal Govern- as the original appointment. (e) ADMINISTRATIVE AND PROCEDURAL AU- ment personnel to provide such support; and (4) The Secretary of Defense shall des- THORITIES.—(1) Except as provided in para- (ii) the alternative of using contractor per- ignate a member of the Commission to be graph (2), sections 955, 956, 957, 958, and 959 of sonnel to provide such support; chairman of the Commission. the National Defense Authorization Act for (B) the core logistics requirements; (c) DUTIES.—(1) The Commission shall Fiscal Year 1994 (Public Law 103–160; 107 (C) use of performance-based logistics; and carry out a study of the following matters: Stat. 1740; 10 U.S.C 111 note) shall apply to (D) the length of contract period; and (A) The roles and missions of the National the Commission. Guard and the other reserve components of (2) select the provider on the basis of fairly (2)(A) The daily rate of pay payable under the Armed Forces. conducted full and open competition (as de- section 957(a) of Public Law 103–160 shall be (B) The compensation and other benefits, equal to the daily rate of basic pay pre- fined in section 4(6) of the Office of Federal including health care benefits, that are pro- scribed for level IV of the Executive Sched- Procurement Policy Act (41 U.S.C. 403(6))). vided for members of the reserve components ule. (e) PRICE INFORMATION.—Before the Sec- (B) Section 957(f) of Public Law 103–160 (re- retary of the Air Force commits to acquiring under the laws of the United States. (2) In carrying out the study under para- lating to services of federally funded re- by lease or other contract any aerial refuel- graph (1), the Commission shall— search and development centers) shall not ing aircraft for the Air Force, the Secretary apply to the Commission. shall require the manufacturer to provide, (A) assess the current roles and missions of the reserve components and identify appro- (3) The following provisions of law do not with respect to commercial items covered by apply to the Commission: the lease or contract, appropriate informa- priate potential future roles and missions for (A) Section 3161 of title 5, United States tion on the prices at which the same or simi- the reserve components; Code. lar items have previously been sold that is (B) assess the capabilities of the reserve (B) The Federal Advisory Committee Act (5 adequate for evaluating the reasonableness components and determine how the units U.S.C. App.). of the price for the items. and personnel of the reserve components (f) REPORTS.—(1) Not later than March 31, (f) AUDIT SERVICES.—The Secretary of the may be best used to support the military op- 2005, the Commission shall submit to the Air Force shall contact the Office of the In- erations of the Armed Forces and the Committees on Armed Services of the Senate spector General for the Department of De- achievement of national security objectives, and the House of Representatives a report fense for review and approval of any Air including homeland defense, of the United setting forth— Force use of non-Federal audit services for States; (A) a strategic plan for the work of the any lease or other contract for the acquisi- (C) assess— Commission; tion of aerial refueling aircraft. (i) the current organization and structure of the National Guard and the other reserve (B) a discussion of the activities of the TITLE IX—DEPARTMENT OF DEFENSE Commission; and ORGANIZATION AND MANAGEMENT components; and (ii) the plans of the Department of Defense (C) any initial findings of the Commission. Subtitle A—Reserve Components (2) Not later than December 31, 2005, the and the Armed Forces for future organiza- Commission shall submit a final report to SEC. 901. MODIFICATION OF STATED PURPOSE tion and structure of the National Guard and OF THE RESERVE COMPONENTS. the Committees of Congress referred to in the other reserve components; Section 10102 of title 10, United States paragraph (1). The final report shall include Code, is amended by striking ‘‘, during and (D) assess the manner in which the Na- any recommendations that the Commission after the period needed to procure and train tional Guard and the other reserve compo- determines appropriate, including any rec- additional units and qualified persons to nents are currently organized and funded for ommended legislation, policies, regulations, achieve the planned mobilization,’’. training and identify an organizational and directives, and practices. funding structure for training that best sup- SEC. 902. COMMISSION ON THE NATIONAL GUARD (g) TERMINATION.—The Commission shall AND RESERVES. ports the achievement of training objectives terminate 90 days after the date on which (a) ESTABLISHMENT.—There is established a and operational readiness; the final report is submitted under sub- commission to be known as the ‘‘Commission (E) assess the effectiveness of the policies section (f)(2). on the National Guard and Reserves’’ (here- and programs of the National Guard and the (h) ANNUAL REVIEW BOARD.—(1)(A) Chapter after in this section referred to as the ‘‘Com- other reserve components for achieving oper- 7 of title 10, United States Code, is amended mission’’). ational readiness and personnel readiness, by adding at the end the following new sec- (b) COMPOSITION.—(1) The Commission shall including medical and personal readiness; tion: be composed of 13 members appointed as fol- (F) assess— ‘‘§ 186. Reserve components: annual review (i) the adequacy and appropriateness of the lows: ‘‘(a) INDEPENDENT REVIEW BOARD.—The (A) Three members appointed by the chair- compensation and benefits currently pro- Secretary of Defense shall appoint a board to man of the Committee on Armed Services of vided for the members of the National Guard review the reserve components of the armed the Senate. and the other reserve components, including forces. (B) Three members appointed by the chair- the availability of health care benefits and ‘‘(b) COMPOSITION OF BOARD.—(1) The Sec- man of the Committee on Armed Services of health insurance; and retary shall appoint the members of the the House of Representatives. (ii) the effects of proposed changes in com- board from among persons who have knowl- (C) Two members appointed by the ranking pensation and benefits on military careers in edge and expertise in the following areas: minority member of the Committee on both the regular and the reserve components ‘‘(A) National security. Armed Services of the Senate. of the Armed Forces; ‘‘(B) Roles and missions of any of the (D) Two members appointed by the ranking (G) identify various feasible options for im- armed forces. minority member of the Committee on proving the compensation and other benefits ‘‘(C) The mission, operations, and organiza- Armed Service of the House of Representa- available to the members of the National tion of any of the reserve components. tives. Guard and the members of the other reserve ‘‘(D) Military readiness of the armed (E) Three members appointed by the Sec- components and assess— forces. retary of Defense. (i) the cost-effectiveness of such options; ‘‘(E) Personnel pay and other forms of (2) The members of the Commission shall and compensation. be appointed from among persons who have (ii) the foreseeable effects of such options ‘‘(F) Other personnel benefits, including knowledge and expertise in the following on readiness, recruitment, and retention of health care. areas: personnel for careers in the regular and re- ‘‘(2) The Secretary of Defense shall des- (A) National security. serve components the Armed Forces; ignate a member of the board to be chairman (B) Roles and missions of any of the Armed (H) assess the traditional military career of the board. Forces. paths for members of the National Guard and ‘‘(c) DUTIES.—The board shall, on an an- (C) The mission, operations, and organiza- the other reserve components and identify nual basis— tion of the National Guard of the United alternative career paths that could enhance ‘‘(1) review— States. professional development; and ‘‘(A) the roles and missions of the reserve (D) The mission, operations, and organiza- (I) assess the adequacy of the funding pro- components; and tion of the other reserve components of the vided for the National Guard and the other ‘‘(B) the compensation and other benefits, Armed Forces. reserve components for several previous fis- including health care benefits, that are pro- (E) Military readiness of the Armed cal years, including the funding provided for vided for members of the reserve components Forces. National Guard and reserve component under the laws of the United States; and

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.076 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7629 ‘‘(2) submit to the Secretary of Defense a (i) by striking ‘‘Chief and Vice Chief of the personnel to a Federal agency to assist that report on the review, which shall include the National Guard Bureau or in the absence or agency in carrying out homeland security findings of the board regarding the matters disability of both the Chief and Vice Chief of activities. reviewed and any recommendations that the the National Guard Bureau’’ and inserting ‘‘(2) The duration of the use of the Na- board considers appropriate regarding those ‘‘Chief of the National Guard Bureau and the tional Guard of a State under this section matters. Director of the Joint Staff of the National shall be limited to a period of 180 days. The ‘‘(d) REPORT TO CONGRESS.—Promptly after Guard Bureau or in the absence or disability Governor of the State may, with the concur- receiving the report under subsection (c)(2), of both the Chief and the Director’’; and rence of the Secretary of Defense, extend the the Secretary shall transmit the report, to- (ii) by striking ‘‘Chief or Vice Chief’’ both period one time for an additional 90 days to gether with any comments and recommenda- places it appears and inserting ‘‘Chief or Di- meet extraordinary circumstances. tions that the Secretary considers appro- rector’’. ‘‘(c) RELATIONSHIP TO REQUIRED TRAIN- priate, to the Committee on Armed Services (B) The heading for such subsection is ING.— A member of the National Guard serv- of the Senate and the Committee on Armed amended by striking ‘‘VICE CHIEF.—’’ and in- ing on full-time National Guard duty under Services of the House of Representatives. serting ‘‘DIRECTOR OF THE JOINT STAFF.—’’. orders authorized under subsection (a) shall ‘‘(e) ADMINISTRATIVE PROVISIONS.—Section (5) Section 10506(a)(1) of title 10, United participate in the training required under 180(d) of this title shall apply to the mem- States Code, is amended by striking ‘‘Chief section 502(a) of this title in addition to the bers of the review board appointed under this and Vice Chief of the National Guard Bu- duty performed for the purpose authorized section.’’. reau’’ and inserting ‘‘Chief of the National under that subsection. The pay, allowances, (B) The table of sections at the beginning Guard Bureau and the Director of the Joint and other benefits of the member while par- of such chapter is amended by adding at the Staff of the National Guard Bureau’’. ticipating in the training shall be the same end the following new item: (c) CLERICAL AMENDMENTS.—(1) The head- as those to which the member is entitled ‘‘186. Reserve components: annual review.’’. ing for section 10505 of title 10, United States while performing duty for the purpose of car- (2) The first review board under section 186 Code, is amended to read as follows: rying out homeland security activities. The member is not entitled to additional pay, al- of title 10, United States Code (as added by ‘‘§ 10505. Director of the Joint Staff of the Na- lowances, or other benefits for participation paragraph (1)), shall be appointed during fis- tional Guard Bureau’’. cal year 2006. in training required under section 502(a)(1) of (2) The item relating to such section in the this title. SEC. 903. CHAIN OF SUCCESSION FOR THE CHIEF table of sections at the beginning of chapter OF THE NATIONAL GUARD BUREAU. ‘‘(d) READINESS.—To ensure that the use of 1011 of such title is amended to read as fol- (a) SENIOR OFFICER.—(1) Section 10502 of units and personnel of the National Guard of lows: title 10, United States Code, is amended by a State for homeland security activities does adding at the end the following new sub- ‘‘10505. Director of the Joint Staff of the Na- not degrade the training and readiness of section: tional Guard Bureau.’’. such units and personnel, the following re- ‘‘(e) SUCCESSION.—Unless otherwise di- (d) OTHER REFERENCES.—Any reference quirements shall apply in determining the rected by the President or the Secretary of that is made in any law, regulation, docu- homeland security activities that units and Defense, the most senior officer among the ment, paper, or other record of the United personnel of the National Guard of a State officers of the Army National Guard of the States to the Vice Chief of the National may perform: United States and the officers of the Air Na- Guard Bureau shall be deemed to be a ref- ‘‘(1) The performance of the activities may tional Guard of the United States performing erence to the Director of the Joint Staff of not adversely affect the quality of that the duties of positions in the National Guard the National Guard Bureau. training or otherwise interfere with the abil- Bureau shall act as the Chief of the National SEC. 905. AUTHORITY TO REDESIGNATE THE ity of a member or unit of the National Guard Bureau during any period that— NAVAL RESERVE. Guard to perform the military functions of ‘‘(1) there is a vacancy in the position of (a) AUTHORITY OF SECRETARY OF THE the member or unit. Chief of the National Guard Bureau; or NAVY.—The Secretary of the Navy may, with ‘‘(2) National Guard personnel will not de- ‘‘(2) the Chief is unable to perform the du- the approval of the President, redesignate grade their military skills as a result of per- ties of that position.’’. the Naval Reserve as the ‘‘Navy Reserve’’ ef- forming the activities. (2)(A) The heading of such section is fective on the date that is 180 days after the ‘‘(3) The performance of the activities will amended by adding at the end the following: date on which the Secretary submits rec- not result in a significant increase in the ‘‘; succession’’. ommended legislation under subsection (b). cost of training. (B) The item relating to such section in (b) RECOMMENDED LEGISLATION.—If the Sec- ‘‘(4) In the case of homeland security per- the table of sections at the beginning of retary of the Navy exercises the authority to formed by a unit organized to serve as a chapter 1011 of such title is amended to read redesignate the Naval Reserve under sub- unit, the activities will support valid unit as follows: section (a), the Secretary shall submit to the training requirements. ‘‘10502. Chief of the National Guard Bureau: Committee on Armed Services of the Senate ‘‘(e) PAYMENT OF COSTS.—(1) The Secretary appointment; adviser on Na- and the Committee on Armed Services of the of Defense shall provide funds to the Gov- tional Guard matters; grade; House of Representatives recommended leg- ernor of a State to pay costs of the use of succession.’’. islation that identifies each specific provi- personnel of the National Guard of the State (b) CONFORMING AMENDMENT.—Section sion of law that refers to the Naval Reserve for the performance of homeland security ac- 10505 of such title is amended by striking and sets forth an amendment to that specific tivities under this section. Such funds shall subsections (d) and (e). provision of law to conform the reference to be used for the following costs: ‘‘(A) The pay, allowances, clothing, sub- SEC. 904. REDESIGNATION OF VICE CHIEF OF the new designation. THE NATIONAL GUARD BUREAU AS (c) EFFECT OF REDESIGNATION.—On and sistence, gratuities, travel, and related ex- DIRECTOR OF THE JOINT STAFF OF after the effective date of a redesignation of penses (including all associated training ex- THE NATIONAL GUARD BUREAU. the Naval Reserve under subsection (a), any penses, as determined by the Secretary), as (a) REDESIGNATION OF POSITION.—Sub- reference in any law, map, regulation, docu- authorized by State law, of personnel of the section (a)(1) of section 10505 of title 10, ment, paper, or other record of the United National Guard of that State used, while not United States Code, is amended by striking States to the Naval Reserve shall be deemed in Federal service, for the purpose of home- ‘‘Vice Chief of the National Guard Bureau’’ to be a reference to the Navy Reserve. land security activities. and inserting ‘‘Director of the Joint Staff of SEC. 906. HOMELAND SECURITY ACTIVITIES OF ‘‘(B) The operation and maintenance of the the National Guard Bureau’’. THE NATIONAL GUARD. equipment and facilities of the National (b) CONFORMING AMENDMENTS.—(1) Sub- (a) AUTHORITY.—Chapter 1 of title 32, Guard of that State used for the purpose of sections (a)(3)(A), (a)(3)(B), (b), (c), and (d) of United States Code, is amended by adding at homeland security activities. section 10505 of title 10, United States Code, the end the following new section: ‘‘(2) The Secretary of Defense shall require are amended by striking ‘‘Vice Chief of the the head of an agency receiving support from National Guard Bureau’’ and inserting ‘‘Di- ‘‘§ 116. Homeland security activities the National Guard of a State in the per- rector of the Joint Staff of the National ‘‘(a) USE OF PERSONNEL PERFORMING FULL- formance of homeland security activities Guard Bureau’’. TIME NATIONAL GUARD DUTY.—The Governor under this section to reimburse the Depart- (2) Subsection (a)(3)(B) of such section, as of a State may, upon the request by the head ment of Defense for the payments made to amended by paragraph (1), is further amend- of a Federal agency and with the concur- the State for such support under paragraph ed by striking ‘‘as the Vice Chief’’ and in- rence of the Secretary of Defense, order any (1). serting ‘‘as the Director’’. personnel of the National Guard of the State ‘‘(f) MEMORANDUM OF AGREEMENT.—The (3) Paragraphs (2) and (4) of subsection (a) to perform full-time National Guard duty Secretary of Defense and the Governor of a of such section are amended by striking under section 502(f) of this title for the pur- State shall enter into a memorandum of ‘‘Chief and Vice Chief of the National Guard pose of carrying out homeland security ac- agreement with the head of each Federal Bureau’’ and inserting ‘‘Chief of the National tivities, as described in subsection (b). agency to which the personnel of the Na- Guard Bureau and the Director of the Joint ‘‘(b) PURPOSE AND DURATION.—(1) The pur- tional Guard of that State are to provide Staff of the National Guard Bureau’’. pose for the use of personnel of the National support in the performance of homeland se- (4)(A) Subsection (e) of such section is Guard of a State under this section is to curity activities under this section. The amended— temporarily provide trained and disciplined memorandum of agreement shall—

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.077 S06PT1 S7630 CONGRESSIONAL RECORD — SENATE July 6, 2004 ‘‘(1) specify how personnel of the National amended by adding at the end the following tions within the Department of Defense is re- Guard are to be used in homeland security new item: designated as the Director of Small Business activities; ‘‘116. Homeland security activities.’’. Programs: ‘‘(2) include a certification by the Adjutant (A) The Director of Small and Disadvan- Subtitle B—Other Matters General of the State that those activities are taged Business Utilization of the Depart- to be performed at a time when the per- SEC. 911. STUDY OF ROLES AND AUTHORITIES OF ment of Defense. THE DIRECTOR OF DEFENSE RE- (B) The Director of Small and Disadvan- sonnel are not in Federal service; SEARCH AND ENGINEERING. ‘‘(3) include a certification by the Adjutant taged Business Utilization of the Depart- (a) STUDY REQUIRED.—The Secretary of De- ment of the Army. General of the State that— fense shall carry out a study of the roles and (C) The Director of Small and Disadvan- ‘‘(A) participation by National Guard per- authorities of the Director of Defense Re- taged Business Utilization of the Depart- sonnel in those activities is service in addi- search and Engineering. tion to training required under section 502 of ment of the Navy. (b) CONTENT OF STUDY.—The study under this title; and this section shall include the following: (D) The Director of Small and Disadvan- ‘‘(B) the requirements of subsection (d) of (1) An examination of the past and current taged Business Utilization of the Depart- this section will be satisfied; roles and authorities of the Director of De- ment of the Air Force. (2) Each of the following offices within the ‘‘(4) include a certification by the Attorney fense Research and Engineering. Department of Defense is redesignated as the General of the State (or, in the case of a (2) An analysis to determine appropriate State with no position of Attorney General, Office of Small Business Programs: future roles and authorities for the Director, (A) The Office of Small and Disadvantaged a civilian official of the State equivalent to including an analysis of the following mat- a State attorney general), that the use of the Business Utilization of the Department of ters: Defense. National Guard of the State for the activi- (A) The relationship of the Director to ties provided for under the memorandum of (B) The Office of Small and Disadvantaged other senior science and technology and ac- Business Utilization of the Department of agreement is authorized by, and is consistent quisition officials of the military depart- with, State law; the Army. ments and the Defense Agencies (C) The Office of Small and Disadvantaged ‘‘(5) include a certification by the Governor (B) The relationship of the Director to the of the State or a civilian official of the State Business Utilization of the Department of performance of the following functions: the Navy. designated by the Governor that the activi- (i) The planning, programming, and budg- ties provided for under the memorandum of (D) The Office of Small and Disadvantaged eting of the science and technology programs Business Utilization of the Department of agreement serve a State security purpose; of the Department of Defense, including and the Air Force. those of the military departments and the (3) Any reference that is made in any law, ‘‘(6) include a certification by the head of Defense Agencies. the Federal agency that the agency will have regulation, document, paper, or other record (ii) The management of Department of De- of the United States to a position or office a plan to ensure that the agency’s require- fense laboratories and technical centers, in- ment for National Guard support ends not redesignated by paragraph (1) or (2) shall be cluding the management of the Federal Gov- deemed to be a reference to the position or later than 179 days after the commencement ernment scientific and technical workforce of the support. office as so redesignated. for such laboratories and centers. (b) DEPARTMENT OF DEFENSE POSITION AND ‘‘(g) EXCLUSION FROM END-STRENGTH COM- (iii) The promotion of the rapid transition OFFICE.—(1) Chapter 4 of title 10, United PUTATION.—Notwithstanding any other proof technologies to acquisition programs States Code, is amended by inserting after vision of law, members of the National within the Department of Defense. section 133b the following new section: Guard on active duty or full-time National (iv) The promotion of the transfer of tech- ‘‘§ 133c. Director of Small Business Programs Guard duty for the purposes of administering nologies into and from the commercial sec- ‘‘(a) DIRECTOR.—There is a Director of (or during fiscal year 2003 otherwise imple- tor. Small Business Programs in the Department menting) this section shall not be counted (v) The coordination of Department of De- of Defense. The Director is appointed by the toward the annual end strength authorized fense science and technology activities with Secretary of Defense. for Reserves on active duty in support of the organizations outside the Department of De- ‘‘(b) OFFICE OF SMALL BUSINESS PRO- reserve components of the armed forces or fense, including other Federal Government GRAMS.—The Office of Small Business Pro- toward the strengths authorized in sections agencies, international research organiza- grams of the Department of Defense is the 12011 and 12012 of title 10. tions, industry, and academia. office that is established within the Office of ‘‘(h) ANNUAL REPORT.—The Secretary of (vi) The technical review of Department of the Secretary of Defense under section 15(k) Defense shall submit to Congress an annual Defense acquisition programs and policies. of the Small Business Act (15 U.S.C. 644(k)). report regarding any assistance provided and (vii) The training and educational activi- The Director of Small Business Programs is activities carried out under this section dur- ties for the national scientific and technical the head of such office. ing the preceding fiscal year. The report workforce. ‘‘(c) DUTIES AND POWERS.—(1) The Director shall include the following: (viii) The development of science and tech- of Small Business Programs shall, subject to ‘‘(1) The number of members of the Na- nology policies and programs relating to the paragraph (2), perform such duties regarding tional Guard excluded under subsection (g) maintenance of the national technology and small business programs of the Department from the computation of end strengths. industrial base. of Defense, and shall exercise such powers re- ‘‘(2) A description of the homeland security (3) An examination of the duties of the Di- garding those programs, as the Secretary of activities conducted with funds provided rector as the Chief Technology Officer of the Defense may prescribe. under this section. Department of Defense, especially in com- ‘‘(2) Section 15(k) of the Small Business ‘‘(3) An accounting of the amount of funds parison to the duties of similar positions in Act (15 U.S.C. 644(k)), except for the designa- provided to each State. the Federal Government and industry. tions of the Director and the Office, applies to the Director of Small Business Pro- ‘‘(4) A description of the effect on military (4) An examination of any other matters grams.’’. training and readiness of using units and that the Secretary considers appropriate for the study. (2) The table of sections at the beginning of personnel of the National Guard to perform such chapter is amended by inserting after (c) REPORT.—(1) Not later than February 1, homeland security activities under this sec- the item relating to section 133b the fol- tion. 2006, the Secretary shall submit a report on the results of the study under this section to lowing new item: ‘‘(i) STATUTORY CONSTRUCTION.—Nothing in ‘‘133c. Director of Small Business Pro- this section shall be construed as a limita- the congressional defense committees. (2) The report shall include recommenda- grams.’’. tion on the authority of any unit of the Na- tions regarding the appropriate roles, au- (c) DEPARTMENT OF THE ARMY POSITION AND tional Guard of a State, when such unit is thorities, and resources that should be as- OFFICE.—(1) Chapter 303 of title 10, United not in Federal service, to perform functions signed to the Director of Defense Research States Code, is amended by adding at the end authorized to be performed by the National and Engineering in order to enable the Direc- the following new section: Guard by the laws of the State concerned. tor to serve effectively as the Chief Tech- ‘‘§ 3024. Director of Small Business Programs ‘‘(j) DEFINITIONS.—For purposes of this sec- nology Officer of the Department of Defense ‘‘(a) DIRECTOR.—There is a Director of tion: and to support the transformation of the Small Business Programs in the Department ‘‘(1) The term ‘Governor of a State’ means, Armed Forces. of the Army. The Director is appointed by in the case of the District of Columbia, the (d) ROLE OF DEFENSE SCIENCE BOARD IN the Secretary of the Army. Commanding General of the National Guard STUDY AND REPORT.—The Secretary shall act ‘‘(b) OFFICE OF SMALL BUSINESS PRO- of the District of Columbia. through the Defense Science Board in car- GRAMS.—The Office of Small Business Pro- ‘‘(2) The term ‘State’ means each of the rying out the study under this section and grams of the Department of the Army is the several States, the District of Columbia, the preparing the report under subsection (c). office that is established within the Depart- Commonwealth of Puerto Rico, or a terri- SEC. 912. DIRECTORS OF SMALL BUSINESS PRO- ment of the Army under section 15(k) of the tory or possession of the United States.’’. GRAMS. Small Business Act (15 U.S.C. 644(k)). The Di- (b) CLERICAL AMENDMENT.—The table of (a) REDESIGNATION OF EXISTING POSITIONS rector of Small Business Programs is the sections at the beginning of such section is AND OFFICES.—(1) Each of the following posi- head of such office.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.077 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7631

‘‘(c) DUTIES AND POWERS.—(1) The Director SEC. 913. LEADERSHIP POSITIONS FOR THE ‘‘(3) The components of the Institute in- of Small Business Programs shall, subject to NAVAL POSTGRADUATE SCHOOL. clude military treatment and research facili- paragraph (2), perform such duties regarding (a) DESIGNATION OF PRESIDENT.—(1) The po- ties that meet applicable criteria and are small business programs of the Department sition of Superintendent of the Naval Post- designated as affiliates of the Institute. of the Army, and shall exercise such powers graduate School is redesignated as President ‘‘(b) RESEARCH.—(1) The Director of the regarding those programs, as the Secretary of the Naval Postgraduate School. United States Military Cancer Institute of the Army may prescribe. (2) Any reference to the Superintendent of shall carry out research studies on the fol- ‘‘(2) Section 15(k) of the Small Business the Naval Postgraduate School in any law, lowing: Act (15 U.S.C. 644(k)), except for the designa- rule, regulation, document, record, or other ‘‘(A) The epidemiological features of can- tions of the Director and the Office, applies paper of the United States shall be deemed cer, including assessments of the carcino- to the Director of Small Business Pro- to be a reference to the President of the genic effect of genetic and environmental grams.’’. Naval Postgraduate School. factors, and of disparities in health, inherent (2) The table of sections at the beginning of (3) Sections 7042, 7044, 7048(a), and 7049(e) of or common among populations of various such chapter is amended by adding at the title 10, United States Code, are amended by ethnic origins. end the following new item: striking ‘‘Superintendent’’ each place it ap- ‘‘(B) The prevention and early detection of pears and inserting ‘‘President’’. cancer. ‘‘3024. Director of Small Business Pro- (4) The heading of section 7042 of such title grams.’’. ‘‘(C) Basic, translational, and clinical in- is amended by striking ‘‘Superintendent;’’ in vestigation matters relating to the matters (d) DEPARTMENT OF THE NAVY POSITION AND the section heading and inserting ‘‘Presi- described in subparagraphs (A) and (B). OFFICE.—(1) Chapter 503 of title 10, United dent;’’. ‘‘(2) The research studies under paragraph States Code, is amended by adding at the end (b) PROVOST AND ACADEMIC DEAN.—(1) The (1) shall include complementary research on the following new section: position of Academic Dean of the Naval oncologic nursing. ‘‘§ 5028. Director of Small Business Programs Postgraduate School is redesignated as Pro- ‘‘(c) COLLABORATIVE RESEARCH.—The Direc- vost and Academic Dean of the Naval Post- ‘‘(a) DIRECTOR.—There is a Director of tor of the United States Military Cancer In- Small Business Programs in the Department graduate School. stitute shall carry out the research studies of the Navy. The Director is appointed by (2) Any reference to the Academic Dean of under subsection (b) in collaboration with the Secretary of the Navy. the Naval Postgraduate School in any law, other cancer research organizations and en- rule, regulation, document, record, or other ‘‘(b) OFFICE OF SMALL BUSINESS PRO- tities selected by the Institute for purposes paper of the United States shall be deemed GRAMS.—The Office of Small Business Pro- of the research studies. grams of the Department of the Navy is the to be a reference to the Provost and Aca- ‘‘(d) ANNUAL REPORT.—(1) Promptly after office that is established within the Depart- demic Dean of the Naval Postgraduate the end of each fiscal year, the Director of ment of the Navy under section 15(k) of the School. the United States Military Cancer Institute (3)(A) Subsection (a) of section 7043 of title Small Business Act (15 U.S.C. 644(k)). The Di- shall submit to the President of the Univer- 10, United States Code, is amended to read as rector of Small Business Programs is the sity a report on the results of the research follows: head of such office. studies carried out under subsection (b). ‘‘(a) There is at the Naval Postgraduate ‘‘(c) DUTIES AND POWERS.—(1) The Director ‘‘(2) Not later than 60 days after receiving School the single civilian position of Provost of Small Business Programs shall, subject to the annual report under paragraph (1), the and Academic Dean. The Provost and Aca- paragraph (2), perform such duties regarding President of the University shall transmit demic Dean shall be appointed, to serve for small business programs of the Department such report to the Secretary of Defense and periods of not more than five years, by the of the Navy, and shall exercise such powers to Congress.’’. Secretary of the Navy. Before making an ap- regarding those programs, as the Secretary (b) CLERICAL AMENDMENT.—The table of pointment to the position of Provost and of the Navy may prescribe. sections at the beginning of such chapter is Academic Dean, the Secretary shall consult ‘‘(2) Section 15(k) of the Small Business amended by adding at the end the following with the Board of Advisors for the Naval Act (15 U.S.C. 644(k)), except for the designa- new item: Postgraduate School and consider any rec- tions of the Director and the Office, applies ‘‘2117. United States Military Cancer Insti- ommendation of the leadership and faculty to the Director of Small Business Pro- tute.’’. of the Naval Postgraduate School regarding grams.’’. SEC. 915. AUTHORITIES OF THE JUDGE ADVO- an appointment to the position.’’. CATES GENERAL. (2) The table of sections at the beginning of (B) The heading of such section is amended (a) DEPARTMENT OF THE ARMY.—(1) Section such chapter is amended by adding at the to read as follows: end the following new item: 3019(b) of title 10, United States Code, is ‘‘§ 7043. Provost and Academic Dean’’. ‘‘5028. Director of Small Business Pro- amended by striking ‘‘The General Counsel’’ grams.’’. (4) Sections 7043(b) and 7081(a) of title 10, and inserting ‘‘Subject to sections 806 and United States Code, are amended by striking 3037 of this title, the General Counsel’’. (d) DEPARTMENT OF THE AIR FORCE POSI- ‘‘Academic Dean’’ and inserting ‘‘Provost (2)(A) Section 3037 of such title is amended TION AND OFFICE.—(1) Chapter 803 of title 10, and Academic Dean’’. to read as follows: United States Code, is amended by adding at (5) Section 5102(c)(10) of title 5, United the end the following new section: ‘‘§ 3037. Judge Advocate General, Assistant States Code, is amended by striking ‘‘Aca- Judge Advocate General: appointment; du- ‘‘§ 8024. Director of Small Business Programs demic Dean of the Postgraduate School of ties the Naval Academy’’ and inserting ‘‘Provost ‘‘(a) DIRECTOR.—There is a Director of ‘‘(a) POSITION OF JUDGE ADVOCATE GEN- and Academic Dean of the Naval Post- Small Business Programs in the Department ERAL.—There is a Judge Advocate General in graduate School’’. of the Air Force. The Director is appointed the Army, who is appointed by the Presi- by the Secretary of the Air Force. (c) CLERICAL AMENDMENTS.—The table of sections at the beginning of chapter 605 of dent, by and with the advice and consent of ‘‘(b) OFFICE OF SMALL BUSINESS PRO- the Senate, from officers of the Judge Advo- GRAMS.—The Office of Small Business Pro- such title 10, United States Code, is amended by striking the items related to sections 7042 cate General’s Corps. The term of office is grams of the Department of the Air Force is four years, but may be sooner terminated or the office that is established within the De- and 7043 and inserting the following new items: extended by the President. The Judge Advo- partment of the Air Force under section cate General, while so serving, has the grade 15(k) of the Small Business Act (15 U.S.C. ‘‘7042. President: assistants. of lieutenant general. ‘‘7043. Provost and Academic Dean.’’. 644(k)). The Director of Small Business Pro- ‘‘(b) APPOINTMENT.—The Judge Advocate grams is the head of such office. SEC. 914. UNITED STATES MILITARY CANCER IN- General of the Army shall be appointed from ‘‘(c) DUTIES AND POWERS.—(1) The Director STITUTE. those officers who at the time of appoint- of Small Business Programs shall, subject to (a) ESTABLISHMENT.—Chapter 104 of title 10, ment are members of the bar of a Federal paragraph (2), perform such duties regarding United States Code, is amended by adding at court or the highest court of a State or Ter- small business programs of the Department the end the following new section: ritory, and who have had at least eight years of the Air Force, and shall exercise such ‘‘§ 2117. United States Military Cancer Insti- of experience in legal duties as commis- powers regarding those programs, as the Sec- tute sioned officers. retary of the Air Force may prescribe. ‘‘(a) ESTABLISHMENT.—(1) There is a United ‘‘(c) DUTIES.—The Judge Advocate General, ‘‘(2) Section 15(k) of the Small Business States Military Cancer Institute in the Uni- in addition to other duties prescribed by Act (15 U.S.C. 644(k)), except for the designa- versity. The Director of the United States law— tions of the Director and the Office, applies Military Cancer Institute is the head of the ‘‘(1) is the legal adviser of the Secretary of to the Director of Small Business Pro- Institute. the Army, the Chief of Staff of the Army, grams.’’. ‘‘(2) The Institute is composed of clinical and the Army Staff, and of all offices and (2) The table of sections at the beginning of and basic scientists in the Department of De- agencies of the Department of the Army; such chapter is amended by adding at the fense who have an expertise in research, pa- ‘‘(2) shall direct and supervise the members end the following new item: tient care, and education relating to oncol- of the Judge Advocate General’s Corps and ‘‘8024. Director of Small Business Pro- ogy and who meet applicable criteria for par- civilian attorneys employed by the Depart- grams.’’. ticipation in the Institute. ment of the Army (other than those assigned

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IN FISCAL YEAR 2005. ‘‘(3) shall direct and supervise the perform- (2) Section 8037 of such title is amended— (a) FISCAL YEAR 2005 LIMITATION.—The ance of duties under chapter 47 of this title (A) in subsection (a), by striking the third total amount contributed by the Secretary (the Uniform Code of Military Justice) by sentence and inserting the following: ‘‘The of Defense in fiscal year 2005 for the com- any member of the Army; Judge Advocate General, while so serving, mon-funded budgets of NATO may be any amount up to, but not in excess of, the ‘‘(4) shall receive, revise, and have recorded has the grade of lieutenant general.’’; and amount specified in subsection (b) (rather the proceedings of courts of inquiry and mili- (B) in subsection (c)— than the maximum amount that would oth- tary commissions; and (i) by striking ‘‘General shall,’’ in the mat- erwise be applicable to those contributions ‘‘(5) shall perform such other legal duties ter preceding paragraph (1) and inserting under the fiscal year 1998 baseline limita- ‘‘General,’’; as may be directed by the Secretary of the tion). (ii) by redesignating paragraphs (1) and (2) Army. (b) TOTAL AMOUNT.—The amount of the ‘‘(d) POSITION OF ASSISTANT JUDGE ADVO- as paragraphs (4) and (5), respectively, and, limitation applicable under subsection (a) is CATE GENERAL.—There is an Assistant Judge in each such paragraph, by inserting ‘‘shall’’ the sum of the following: Advocate General in the Army, who is ap- before the first word; and (1) The amounts of unexpended balances, as pointed by the President, by and with the ad- (iii) by inserting after paragraph (1) the of the end of fiscal year 2004, of funds appro- vice and consent of the Senate, from officers following new paragraphs: priated for fiscal years before fiscal year 2005 of the Army who have the qualifications pre- ‘‘(1) is the legal adviser of the Secretary of for payments for those budgets. scribed in subsection (b) for the Judge Advo- the Air Force, the Chief of Staff of the Air (2) The amount specified in subsection cate General. The term of office of the As- Force, and the Air Staff, and of all offices (c)(1). sistant Judge Advocate General is four and agencies of the Department of the Air (3) The amount specified in subsection years, but may be sooner terminated or ex- Force; (c)(2). tended by the President. An officer ap- ‘‘(2) shall direct and supervise the members (4) The total amount of the contributions pointed as Assistant Judge Advocate General of the Air Force designated as judge advo- authorized to be made under section 2501. who holds a lower regular grade shall be ap- cates and civilian attorneys employed by the (c) AUTHORIZED AMOUNTS.—Amounts au- pointed in the regular grade of major gen- Department of the Air Force (other than thorized to be appropriated by titles II and eral. those assigned or detailed to the Office of the III of this Act are available for contributions ‘‘(e) APPOINTMENTS RECOMMENDED BY SE- General Counsel of the Air Force) in the per- for the common-funded budgets of NATO as LECTION BOARDS.—Under regulations pre- formance of their duties; follows: scribed by the Secretary of Defense, the Sec- ‘‘(3) shall direct and supervise the perform- (1) Of the amount provided in section retary of the Army, in selecting an officer ance of duties under chapter 47 of this title 201(1), $756,000 for the Civil Budget. for recommendation to the President under (the Uniform Code of Military Justice) by (2) Of the amount provided in section subsection (a) for appointment as the Judge any member of the Air Force;’’. 301(1), $222,492,000 for the Military Budget. Advocate General or under subsection (d) for (d) EXCLUSION FROM LIMITATION ON GEN- (d) DEFINITIONS.—For purposes of this sec- appointment as the Assistant Judge Advo- ERAL AND FLAG OFFICER DISTRIBUTION.—Sec- tion: cate General, shall ensure that the officer se- tion 525(b) of title 10, United States Code, is (1) COMMON-FUNDED BUDGETS OF NATO.—The lected is recommended by a board of officers amended by adding at the end the following term ‘‘common-funded budgets of NATO’’ that, insofar as practicable, is subject to the new paragraph: means the Military Budget, the Security In- procedures applicable to selection boards ‘‘(9) An officer while serving as the Judge vestment Program, and the Civil Budget of convened under chapter 36 of this title.’’. Advocate General of the Army, the Judge the North Atlantic Treaty Organization (and (B) The item relating to such section in Advocate General of the Navy, or the Judge any successor or additional account or pro- the table of sections at the beginning of Advocate General of the Air Force is in addi- gram of NATO). chapter 305 of such title is amended to read tion to the number that would otherwise be (2) FISCAL YEAR 1998 BASELINE LIMITATION.— as follows: permitted for that officer’s armed force for The term ‘‘fiscal year 1998 baseline limita- ‘‘3037. Judge Advocate General, Assistant officers serving on active duty in grades tion’’ means the maximum annual amount of Judge Advocate General: ap- above major general or rear admiral under Department of Defense contributions for pointment; duties.’’. paragraph (1) or (2), as the case may be.’’. common-funded budgets of NATO that is set forth as the annual limitation in section (b) DEPARTMENT OF THE NAVY.—(1) Section TITLE X—GENERAL PROVISIONS 5019(b) of title 10, United States Code, is Subtitle A—Financial Matters 3(2)(C)(ii) of the resolution of the Senate giving the advice and consent of the Senate to amended by striking ‘‘The General Counsel’’ SEC. 1001. TRANSFER AUTHORITY. the ratification of the Protocols to the North and inserting ‘‘Subject to sections 806 and (a) AUTHORITY TO TRANSFER AUTHORIZA- Atlantic Treaty of 1949 on the Accession of 5148 of this title, the General Counsel’’. TIONS.—(1) Upon determination by the Sec- Poland, Hungary, and the Czech Republic (as (2) Section 5148 of such title is amended— retary of Defense that such action is nec- defined in section 4(7) of that resolution), ap- (A) in subsection (b), by striking the fourth essary in the national interest, the Sec- proved by the Senate on April 30, 1998. sentence and inserting the following: ‘‘The retary may transfer amounts of authoriza- Judge Advocate General, while so serving, tions made available to the Department of SEC. 1003. REDUCTION IN OVERALL AUTHORIZA- TION DUE TO INFLATION SAVINGS. has the grade of vice admiral or lieutenant Defense in this division for fiscal year 2005 general, as appropriate.’’; and (a) REDUCTION.—The total amount author- between any such authorizations for that fis- ized to be appropriated by titles I, II, and III (B) by striking subsection (d) and inserting cal year (or any subdivisions thereof). is the amount equal to the sum of the indi- the following: Amounts of authorizations so transferred vidual authorizations in those titles reduced ‘‘(d) The Judge Advocate General, in addi- shall be merged with and be available for the by $1,670,000,000. tion to other duties prescribed by law— same purposes as the authorization to which (b) SOURCE OF SAVINGS.—Reductions re- ‘‘(1) is the legal adviser of the Secretary of transferred. quired in order to comply with subsection (a) the Navy, the Chief of Naval Operations, and (2) The total amount of authorizations shall be derived from savings resulting from all offices, bureaus, and agencies of the De- that the Secretary may transfer under the lower-than-expected inflation as a result of partment of the Navy; authority of this section may not exceed the annual review of the budget conducted ‘‘(2) shall direct and supervise the judge ad- $3,000,000,000. by the Office of Management and Budget. vocates of the Navy and the Marine Corps (b) LIMITATIONS.—The authority provided (c) ALLOCATION OF REDUCTION.—The Sec- and civilian attorneys employed by the De- by this section to transfer authorizations— retary of Defense shall allocate the reduc- partment of the Navy (other than those as- (1) may only be used to provide authority tion required by subsection (a) among the ac- signed or detailed to the Office of the Gen- for items that have a higher priority than counts in titles I, II, and III to reflect the ex- eral Counsel of the Navy) in the performance the items from which authority is trans- tent to which net inflation savings are avail- of their duties; ferred; and able in those accounts. ‘‘(3) shall direct and supervise the perform- (2) may not be used to provide authority SEC. 1004. DEFENSE BUSINESS SYSTEMS INVEST- ance of duties under chapter 47 of this title for an item that has been denied authoriza- MENT MANAGEMENT. (the Uniform Code of Military Justice) by tion by Congress. (a) REQUIREMENT FOR DEFENSE BUSINESS any member of the Navy or Marine Corps; (c) EFFECT ON AUTHORIZATION AMOUNTS.—A ENTERPRISE ARCHITECTURE AND TRANSITION ‘‘(4) shall receive, revise, and have recorded transfer made from one account to another PLAN.—(1) Not later than September 30, 2005, the proceedings of courts of inquiry and mili- under the authority of this section shall be the Secretary of Defense shall develop— tary commissions; and deemed to increase the amount authorized (A) a defense business enterprise architec- ‘‘(5) shall perform such other legal duties for the account to which the amount is ture covering all defense business systems of as may be directed by the Secretary of the transferred by an amount equal to the the Department of Defense and the functions Navy.’’. amount transferred. and activities supported by such systems (c) DEPARTMENT OF THE AIR FORCE.—(1) (d) NOTICE TO CONGRESS.—The Secretary that— Section 8019(b) of title 10, United States shall promptly notify Congress of each trans- (i) is sufficiently defined to effectively Code, is amended by striking ‘‘The General fer made under subsection (a). guide, constrain, and permit implementation

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of interoperable business system solutions; (e) ACCOUNTABILITY FOR DEFENSE BUSINESS after fiscal year 2005 that the President sub- and SYSTEMS.—The Secretary of Defense shall mits to Congress under section 1105(a) of (ii) is consistent with the applicable poli- delegate authority for the planning, design, title 31, United States Code, the Secretary of cies and procedures prescribed by the Direc- acquisition, development, deployment, oper- Defense shall include in the documentation tor of the Office of Management and Budget; ation, maintenance, modernization, and on major functional category 050 (National and oversight of defense business systems as fol- (B) a transition plan for implementing the lows: Defense) that the Secretary submits to the defense business enterprise architecture. (1) To the Under Secretary of Defense for congressional defense committees in support (2) In carrying out paragraph (1), the Sec- Acquisition, Technology, and Logistics, for— of such budget a defense business systems retary shall act through the Defense Busi- (A) defense business systems the primary budget exhibit that includes the following ness Systems Management Committee estab- purpose of which is to support acquisition information: lished under subsection (h). activities in the Department of Defense; (1) Identification of each defense business (b) COMPOSITION OF ENTERPRISE ARCHITEC- (B) defense business systems the primary system for which funding is proposed in that TURE.—The defense business enterprise ar- purpose of which is to support logistics ac- budget. chitecture developed under subsection tivities in the Department of Defense; and (2) Identification of all funds, by appropria- (a)(1)(A) shall include the following: (C) defense business systems the primary tion, proposed in that budget for each such (1) An information infrastructure that, at purpose of which is to support installations system, including— a minimum, would enable the Department of and environment activities in the Depart- (A) funds for current services (to operate Defense to— ment of Defense. (A) comply with all Federal accounting, fi- and maintain the system); and (2) To the Under Secretary of Defense (B) funds for business systems moderniza- nancial management, and reporting require- (Comptroller) and Chief Financial Officer, ments; tion, identified for each specific appropria- for— tion. (B) routinely produce timely, accurate, and (A) defense business systems the primary reliable financial information for manage- (3) For each such system, identification of purpose of which is to support financial man- the official to whom authority for such sys- ment purposes; agement activities in the Department of De- (C) integrate budget, accounting, and pro- tem is delegated under subsection (e). fense; and (4) For each such system, a description of gram information and systems; and (B) defense business systems the primary (D) provide for the systematic measure- each determination made under subsection purpose of which is to support strategic plan- ment of performance, including the ability (d) with regard to such system. ning and budgeting activities in the Depart- to produce timely, relevant, and reliable cost ment of Defense. (h) DEFENSE BUSINESS SYSTEM MANAGE- information. (3) To the Under Secretary of Defense for MENT COMMITTEE.—(1) The Secretary of De- (2) Policies, procedures, data standards, Personnel and Readiness, for defense busi- and system interface requirements that are fense shall establish a Defense Business Sys- ness systems the primary purpose of which is to apply uniformly throughout the Depart- tems Management Executive Committee. to support human resource management ac- ment of Defense. The Committee shall be composed of the fol- tivities in the Department of Defense. (c) COMPOSITION OF TRANSITION PLAN.—(1) lowing members: The transition plan developed under sub- (4) To the Assistant Secretary of Defense (A) The Deputy Secretary of Defense, who section (a)(1)(B) shall include the following: (Networks and Information Integration) and shall be the chairman of the Committee. Chief Information Officer, for defense busi- (A) The acquisition strategy for new sys- (B) The Under Secretary of Defense for Ac- ness systems the primary purpose of which is tems that are expected to be needed to com- quisition, Logistics, and Technology. to support information technology infra- plete the defense business enterprise archi- (C) The Under Secretary of Defense for structure and information assurance activi- tecture. Personnel and Readiness. ties of the Department of Defense. (B) A listing of the defense business sys- (D) The Under Secretary of Defense (Comp- tems as of December 2, 2002 (known as ‘‘leg- (5) To the Deputy Secretary of Defense or an Under Secretary of Defense, as designated troller) and Chief Financial Officer. acy systems’’), that will not be part of the (E) The Assistant Secretary of Defense objective defense business enterprise archi- by the Secretary of Defense, for defense business systems the primary purpose of which is (Networks and Information Integration) and tecture, together with the schedule for ter- Chief Information Officer. minating those legacy systems that provides to support any activity of the Department of (F) The Secretaries of the military depart- for reducing the use of those legacy systems Defense not described in another paragraph ments. in phases. of this subsection. (G) The heads of the Defense Agencies. (C) A listing of the legacy systems (re- (f) DEFENSE BUSINESS SYSTEM INVESTMENT ferred to in subparagraph (B)) that will be a REVIEW.—(1) The Secretary of Defense shall (H) Any personnel assigned to the Joint part of the objective defense business sys- require each official to whom authority is Staff, personnel assigned to combatant com- tem, together with a strategy for making the delegated under subsection (e) to establish mands, or other Department of Defense per- modifications to those systems that will be an investment review process to review the sonnel that the Secretary of Defense des- needed to ensure that such systems comply planning, design, acquisition, development, ignates to serve on the Committee. deployment, operation, maintenance, and with the defense business enterprise archi- (2) In addition to any other duties assigned modernization of all defense business sys- tecture. to the Committee by the Secretary of De- (2) Each of the strategies under paragraph tems covered by the authority so delegated fense, the Committee shall have the fol- (1) shall include specific time-phased mile- to that official, and to analyze project cost stones, performance metrics, and a state- benefits and risks of such systems. lowing duties: ment of the financial and nonfinancial re- (2) Each investment review process estab- (A) To submit to the Secretary rec- source needs. lished under paragraph (1) shall be consistent ommended policies and procedures that the (d) CONDITIONS FOR USE OF FUNDS FOR DE- with the requirements of section 11312 of Committee considers necessary to effectively FENSE BUSINESS SYSTEM MODERNIZATION.—(1) title 40, United States Code, and shall in- integrate compliance with the requirements After September 30, 2005, an officer or em- clude the following features: of this section into all business activities ployee of the United States may not obligate (A) An investment review board composed and any transformation, reform, reorganiza- or expend an amount in excess of $1,000,000 of appropriate officials from among the tion, or process improvement initiatives unfor a defense business system modernization Armed Forces, combatant commands, the dertaken within the Department of Defense. unless the Secretary of Defense or the offi- Joint Staff, and Defense Agencies. (B) To review and approve defense business cial delegated authority for the system cov- (B) Review and approval, by the invest- systems modernization plans, including re- ered by such modernization under subsection ment review board, of each defense business view and approval of any major update of the (e) has determined in writing that such de- system as an investment before the obliga- defense business enterprise architecture. fense business system modernization— tion or expenditure of funds on such system. (C) To coordinate defense business system (A) is consistent with the defense business (C) Periodic review of each defense busi- modernization initiatives to maximize bene- enterprise architecture and transition plan ness system investment not less often than fits and minimize costs for the Department developed under subsection (a); or annually. of Defense. (B) is necessary to— (D) Use of threshold criteria to ensure that (D) To ensure that funds are not obligated (i) achieve a critical national security ca- each defense business system investment, for the modernization of any defense busi- pability or address a critical requirement in and that accountability for each defense ness system in violation of subsection (d)(1). an area such as safety or security; or business system investment, is reviewed at a (E) To periodically report to the Secretary (ii) prevent a significant adverse effect on level of review within the Department of De- on the status of defense business system a project that is needed to achieve an essen- fense that is appropriate for the scope, com- modernization efforts. tial capability, taking into consideration the plexity, and cost of the investment. alternative solutions for preventing such ad- (E) Procedures for making determinations (i) DEFINITIONS.—In this section: verse effect. in accordance with the requirements of sub- (1) The term ‘‘defense business system’’ (2) A violation of paragraph (1) is a viola- section (d). means any information system (except a nation of section 1341(a)(1)(A) of title 31, United (g) DEFENSE BUSINESS SYSTEMS BUDGET EX- tional security system, as defined in section States Code. HIBIT.—For each budget for a fiscal year 2315 of title 10, United States Code) that is

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Athletic and recreational extra- (D) procurement accounts; 3601(4) of title 44, United States Code. curricular programs: uniform funding (E) classified programs; and (3) The terms ‘‘information system’’ and (F) Coast Guard operating expenses. ‘‘The authority and conditions provided in ‘‘information technology’’ have the mean- (c) AUTHORIZATION CONTINGENT ON BUDGET section 2494 of this title shall also apply to ings given those terms in section 11101 of REQUEST.—The authorization of appropria- any athletic or recreational extracurricular title 40, United States Code. tions in subsection (a) shall be effective only program of the Naval Academy that— (4) The term ‘‘modernization’’, with re- to the extent that a budget request for all or ‘‘(1) is not considered a morale, welfare, or spect to a defense business system, means part of the amount authorized to be appro- recreation program referred to in such sec- the acquisition or development of a new de- priated under such subsection for the pur- tion; fense business system or any significant poses set forth in such subsection is trans- ‘‘(2) is funded out of appropriated funds; modification or enhancement of an existing mitted by the President to Congress after ‘‘(3) is supported by a supplemental mis- defense business system (other than as nec- the date of the enactment of this Act and in- sion nonappropriated fund instrumentality; essary to maintain current services). cludes a designation of the requested amount and (j) ANNUAL REPORT.—Not later than March as an emergency and essential to support ac- 15 of 2005 and each year thereafter through ‘‘(4) is not operated as a private organiza- tivities in Iraq and Afghanistan. 2009, the Secretary of Defense shall submit tion.’’. (d) TRANSFER AUTHORITY.—(1) Of the (2) The table of sections at the beginning of to the congressional defense committees a amount authorized to be appropriated under such title is amended by adding at the end report on the progress made by the Depart- subsection (b)(7) for transfer, no transfer the following new item: ment of Defense in implementing the defense may be made until the Secretary of Defense business enterprise architecture and transi- ‘‘6978. Athletic and recreational extra- consults with the Chairmen and Ranking tion plan required by this section. Each re- curricular programs: uniform Members of the congressional defense com- port shall include, at a minimum, the fol- funding.’’. mittees and then notifies such committees in lowing information: (c) UNITED STATES AIR FORCE ACADEMY.— writing not later than five days before the (1) A description of the specific actions (1) Chapter 903 of title 10, United States transfer is made. taken and planned to be taken to implement Code, is amended by adding at the end the (2) The transfer authority provided under the defense business enterprise architecture following new section: this section is in addition to any other trans- and the transition plan. ‘‘§ 9358. Athletic and recreational extra- fer authority available to the Department of (2) Specific milestones, performance meas- curricular programs: uniform funding Defense. (e) MONTHLY REPORT.—The Secretary of ures, and resource commitments for such ac- ‘‘The authority and conditions provided in Defense shall submit to the congressional de- tions. section 2494 of this title shall also apply to fense committees each month a report on the (k) COMPTROLLER GENERAL ASSESSMENT.— any athletic or recreational extracurricular use of funds authorized to be appropriated Not later than 60 days after the date on program of the Academy that— under this section. The report for a month which the Secretary of Defense approves the ‘‘(1) is not considered a morale, welfare, or shall include in a separate display for each of defense business enterprise architecture and recreation program referred to in such sec- Iraq and Afghanistan, the activity for which transition plan developed under subsection tion; the funds were used, the purpose for which (a), and again each year not later than 60 ‘‘(2) is funded out of appropriated funds; the funds were used, the source of the funds days after the submission of the annual re- ‘‘(3) is supported by a supplemental mis- used to carry out that activity, and the ac- port under subsection (j), the Comptroller sion nonappropriated fund instrumentality; count to which those expenditures were General shall submit to the congressional de- and charged. fense committees an assessment of the ex- ‘‘(4) is not operated as a private organiza- tent to which the actions taken by the De- tion.’’. Subtitle B—Naval Vessels and Shipyards partment comply with the requirements of (2) The table of sections at the beginning of SEC. 1011. EXCHANGE AND SALE OF OBSOLETE this section. such title is amended by adding at the end NAVY SERVICE CRAFT AND BOATS. (l) RELATIONSHIP TO OTHER LAW.—Nothing the following new item: (a) IN GENERAL.—Chapter 633 of title 10, in this section shall be construed to modify ‘‘9358. Athletic and recreational extra- United States Code, is amended by inserting or affect the applicability of the restrictions curricular programs: uniform after section 7309 the following new section: and requirements provided in section 8088 of funding.’’. ‘‘§ 7309a. Service craft and boats: exchange or the Department of Defense Appropriations sale Act, 2003 (Public Law 107–248; 116 Stat. 1556). (d) EFFECTIVE DATE AND APPLICABILITY.— This section and the amendments made by ‘‘(a) IN GENERAL.—The Secretary of the (m) REPEAL OF SUPERSEDED LAW.—Section Navy may, in acquiring personal property 1004 of the Bob Stump National Defense Au- this section shall take effect on October 1, under section 503 of title 40, exchange or sell thorization Act for Fiscal Year 2003 (Public 2004, and shall apply with respect to funds obsolete Navy service craft or boats that are Law 107–314; 116 Stat. 2629; 10 U.S.C. 113 note) appropriated for fiscal years beginning on or similar to such personal property and apply is repealed. after such date. SEC. 1006. AUTHORIZATION OF APPROPRIATIONS the exchange allowance or proceeds of sale in SEC. 1005. UNIFORM FUNDING AND MANAGE- FOR A CONTINGENT EMERGENCY whole or part payment for such personal MENT OF SERVICE ACADEMY ATH- RESERVE FUND FOR OPERATIONS IN property. LETIC AND RECREATIONAL EXTRA- IRAQ AND AFGHANISTAN. CURRICULAR PROGRAMS. ‘‘(b) USE OF PROCEEDS FOR COST OF PREPA- (a) AUTHORIZATION OF SUPPLEMENTAL AP- RATION OF SALE.—In selling a service craft or (a) UNITED STATES MILITARY ACADEMY.—(1) PROPRIATIONS.—In addition to any other Chapter 403 of title 10, United States Code, is boat under subsection (a), the Secretary amounts authorized to be appropriated by amended by adding at the end the following shall obtain, to the extent practicable, this Act, there is hereby authorized to be ap- new section: amounts necessary to recover the full costs, propriated for the Department of Defense for whether direct or indirect, incurred by the ‘‘§ 4359. Athletic and recreational extra- fiscal year 2005, subject to subsections (b) Navy in preparing the service craft or boat curricular programs: uniform funding and (c), $25,000,000,000, to be available only for sale, including costs of towing, storage, ‘‘The authority and conditions provided in for activities in support of operations in Iraq defueling, removal and disposal of hazardous section 2494 of this title shall also apply to and Afghanistan. wastes, environmental surveys to determine any athletic or recreational extracurricular (b) SPECIFIC AMOUNTS.—Of the amount au- the presence of regulated materials con- program of the Academy that— thorized to be appropriated under subsection taining polychlorinated biphenyl (PCB), re- ‘‘(1) is not considered a morale, welfare, or (a), funds are authorized to be appropriated moval and disposal of such materials, and recreation program referred to in such sec- in amounts for purposes as follows: other related costs. tion; (1) For the Army for operation and mainte- ‘‘(c) TREATMENT OF ADDITIONAL PRO- ‘‘(2) is funded out of appropriated funds; nance, $14,500,000,000. CEEDS.—(1) Any proceeds of sale of a service ‘‘(3) is supported by a supplemental mis- (2) For the Navy for operation and mainte- craft or boat under subsection (a) that are in sion nonappropriated fund instrumentality; nance, $1,000,000,000. addition to amounts necessary to recover the and (3) For the Marine Corps for operation and costs of the preparation of sale of the service ‘‘(4) is not operated as a private organiza- maintenance, $2,000,000,000. craft or boat under subsection (b) shall be de- tion.’’. (4) For the Air Force for operation and posited in an account in the Treasury estab- (2) The table of sections at the beginning of maintenance, $1,000,000,000. lished for purposes of this section. such title is amended by adding at the end (5) For operation and maintenance, De- ‘‘(2) Amounts in the account under para- the following new item: fense-wide activities, $2,000,000,000. graph (1) shall be available to the Secretary

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for the payment of costs associated with the (b) CLERICAL AMENDMENT.—The table of (C) any recommended actions that the Sec- preparation of obsolete Navy service craft or sections at the beginning of such chapter is retary considers appropriate to enhance con- boats for sale or exchange under this section. amended by inserting after the item relating tractor security in Iraq. Amounts in the account shall be available to section 7305 the following new item: (2) The information included in the report for that purpose without fiscal year limita- ‘‘7305a. Contracts for ship dismantling: shall be current as of September 30, 2004. tion. award on net cost basis.’’. (b) SECURITY OF CONTRACTOR EMPLOYEES IN ‘‘(3) The Secretary shall, on a periodic IRAQ.—The report under subsection (a) shall SEC. 1014. AUTHORITY TO TRANSFER NAVAL VES- include information on contractor employees basis, deposit amounts in the account under SELS TO CERTAIN FOREIGN COUN- paragraph (1) that are in excess of the TRIES. in Iraq, as follows: amounts otherwise utilized under paragraph (a) AUTHORITY TO TRANSFER BY GRANT.— (1) The number of contractor employees in (2) in the general Treasury as miscellaneous The Secretary of the Navy is authorized to each of the following categories of nationals: receipts, or in another account in the Treas- transfer vessels to foreign countries on a (A) Nationals of the United States. ury as otherwise provided by law. grant basis under section 516 of the Foreign (B) Nationals of Iraq. NAPPLICABILITY OF CERTAIN PROCURE- ‘‘(d) I Assistance Act of 1961 (22 U.S.C. 2321j) as fol- (C) Nationals of states other than the MENT REQUIREMENTS.—Notwithstanding sec- lows: United States and Iraq. tion 503(b)(3) of title 40, section 3709 of the (1) CHILE.—To the Government of Chile, (2) For each of the categories of nationals Revised Statutes (41 U.S.C. 5) shall not apply the SPRUANCE class destroyer O’BANNON listed in paragraph (1), the number of casual- to the exchange or sale of service craft or (DD 987). ties among contractor employees on and boats under this section. (2) PORTUGAL.—To the Government of Por- after May 1, 2003. ‘‘(e) REGULATIONS.—The Secretary may (c) CONTRACT SECURITY PERSONNEL.—The tugal, the OLIVER HAZARD PERRY class prescribe regulations relating to the exercise report required by subsection (a) shall in- guided missile frigate GEORGE PHILIP of authority under this section.’’. clude information on contract security per- (FFG 12) and the OLIVER HAZARD PERRY (b) CLERICAL AMENDMENT.—The table of sonnel of a contractor in Iraq, as follows: class guided missile frigate USS SIDES (FFG sections at the beginning of such chapter is (1) The number of contract security per- 14). amended by inserting after the item relating sonnel engaged in providing security services to section 7309 the following new item: (b) AUTHORITY TO TRANSFER BY SALE.—The Secretary of the Navy is authorized to trans- to personnel or facilities in each of the fol- ‘‘7309a. Service craft and boats: exchange or fer vessels to foreign countries on a sale lowing categories: sale.’’. basis under section 21 of the Arms Export (A) Personnel or facilities of the United SEC. 1012. LIMITATION ON DISPOSAL OF OBSO- Control Act (22 U.S.C. 2761) as follows: States Government or the Coalition Provi- LETE NAVAL VESSEL. sional Authority. (1) TAIWAN.—To the Taipei Economic and The Secretary of the Navy may not dispose (B) Personnel or facilities of the Iraqi Gov- of the decommissioned destroyer ex-Edson Cultural Representative Office in the United States (which is the Taiwan instrumentality ernment. (DD–946) before October 1, 2007, to an entity (C) Personnel or facilities of a contractor that is not a nonprofit organization unless designated pursuant to section 10(a) of the Taiwan Relations Act), the ANCHORAGE or subcontractor. the Secretary first determines that there is (2) For each of the categories of nationals no nonprofit organization that meets the cri- class dock landing ship ANCHORAGE (LSD 36). listed in subsection (b)(1), the following in- teria for donation of that vessel under sec- formation: (2) CHILE.—To the Government of Chile, tion 7306(a)(3) of title 10, United States Code. (A) The number of contract security per- SEC. 1013. AWARD OF CONTRACTS FOR SHIP DIS- the SPRUANCE class destroyer FLETCHER (DD 992). sonnel. MANTLING ON NET COST BASIS. (B) The range of annual rates of pay of the (a) IN GENERAL.—Chapter 633 of title 10, (c) GRANTS NOT COUNTED IN ANNUAL TOTAL OF TRANSFERRED EXCESS DEFENSE ARTI- contract security personnel. United States Code, is amended by inserting (C) The number of casualties among the after section 7305 the following new section: CLES.—The value of a vessel transferred to another country on a grant basis under sec- contract security personnel on and after May ‘‘§ 7305a. Contracts for ship dismantling: tion 516 of the Foreign Assistance Act of 1961 1, 2003. award on net cost basis (22 U.S.C. 2321j) pursuant to authority pro- (3) The number, types, and sources of weap- ‘‘(a) AUTHORITY.—Notwithstanding any vided by subsection (a) shall not be counted ons that contract security personnel are au- other provision of law, the Secretary of the for the purposes of subsection (g) of that sec- thorized to possess in each of the following Navy may use net cost as a criterion in the tion in the aggregate value of excess defense categories: selection of an offeror for award of a con- articles transferred to countries under that (A) Weapons provided by coalition forces. tract for the dismantling of one or more section in any fiscal year. (B) Weapons supplied by the contractor. ships stricken from the Naval Vessel Reg- (d) COSTS OF TRANSFERS.—Any expense in- (C) Weapons supplied by other sources. ister and may accord that criterion such curred by the United States in connection (4) The extent to which contract security weight in the offer evaluation process as the with a transfer authorized by this section personnel are equipped with other critical Secretary considers appropriate and specifies shall be charged to the recipient (notwith- equipment, such as body armor, armored vein the solicitation of offers for that contract. standing section 516(e)(1) of the Foreign As- hicles, secure communications, and friend- ‘‘(b) COMPETITION.—In exercising the au- sistance Act of 1961 (22 U.S.C. 2321j(e)(1)). foe identification. thority under this section, the Secretary (e) REPAIR AND REFURBISHMENT IN UNITED (5) An assessment of the extent to which shall to the maximum extent practicable use STATES SHIPYARDS.—To the maximum extent contract security personnel have been en- the competitive procedure or combination of practicable, the President shall require, as a gaged by hostile fire on and after May 1, 2003. competitive procedures that is best suited condition of the transfer of a vessel under (d) COORDINATION.—In the preparation of under the circumstances. this section, that the country to which the the report under this section, the Secretary ‘‘(c) RETENTION OF PROCEEDS.—When the vessel is transferred have such repair or re- of Defense shall coordinate with the heads of Secretary of the Navy awards a ship disman- furbishment of the vessel as is needed, before any other departments and agencies of the tling contract on a net cost basis, the con- the vessel joins the naval forces of that Federal Government that are affected by the tractor may retain the proceeds from the country, performed at a shipyard located in performance of Federal Government con- sale of scrap and reusable items from the the United States, including a United States tracts by contractor personnel in Iraq. vessel being dismantled. (e) ADDITIONAL CONGRESSIONAL RECIPI- Navy shipyard. ‘‘(d) DEFINITIONS.—For purposes of this sec- ENTS.—In addition to submitting the report (f) EXPIRATION OF AUTHORITY.— The au- tion: on contractor security under this section to ‘‘(1) The term ‘net cost’, with respect to a thority to transfer a vessel under this section shall expire at the end of the two-year the congressional defense committees, the contract for the dismantling of a ship, means Secretary of Defense shall also submit the the amount equal to the excess of— period beginning on the date of the enactment of this Act. report to any other committees of Congress ‘‘(A) the amount of the contractor’s gross that the Secretary determines appropriate to cost of performance of the contract, over Subtitle C—Reports receive such report taking into consideration ‘‘(B) the estimated value of scrap and reus- SEC. 1021. REPORT ON CONTRACTOR SECURITY the requirements of the Federal Government able items that the contractor removes from IN IRAQ. that contractor personnel in Iraq are en- the ship during performance of the contract, (a) REPORT REQUIRED.—(1) Not later than gaged in satisfying. as stated in the contractor’s offer for such 90 days after the date of the enactment of (f) FORMS OF REPORT.—The report required contract. this Act, the Secretary of Defense shall sub- by this section shall be submitted in classi- ‘‘(2) The term ‘scrap’ means personal prop- mit a report on contractor security in Iraq fied and unclassified forms. erty that has no value except for its basic to the congressional defense committees. (g) DEFINITIONS.—In this section: material content. The report shall include, at a minimum— (1) The term ‘‘contract security personnel’’ ‘‘(3) The term ‘reusable item’, with respect (A) information on the security of con- includes employees of a contractor or sub- to a ship, means any demilitarized compo- tractor employees in Iraq, as described in contractor who, under a covered contract, nent or removable portion of the ship or the subsection (b); provide security services in Iraq to— ship’s equipment that the Navy has identi- (B) information on contract security per- (A) personnel or facilities of the United fied as excess to its needs but which has po- sonnel in Iraq, as described in subsection (c); States Government or the Coalition Provi- tential resale value on the open market.’’. and sional Authority;

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(B) personnel or facilities of the Iraqi Gov- SEC. 1025. REPORT ON AVAILABILITY OF POTEN- (c) REPORT REQUIREMENTS.—The report ernment; or TIAL OVERLAND BALLISTIC MISSILE shall include, at a minimum, the following: (C) personnel or facilities of a contractor. DEFENSE TEST RANGES. (1) A list of facilities where the Defense De- (2) The term ‘‘covered contract’’— The Secretary of Defense shall submit to partment currently conducts or plans to con- (A) means a contract entered into by an Congress a report assessing the availability duct research, development, and testing ac- agency of the United States Government or to the Department of Defense of potential tivities on unmanned aerial and ground vehi- by the Coalition Provisional Authority for ballistic missile defense test ranges for over- cles. the procurement of products or services to be land intercept flight tests of defenses against (2) A list of facilities where the Depart- provided in Iraq, regardless of the source of ballistic missile systems with a range of 750 ment of Defense currently deploys or has the funding for such procurement; and to 1,500 kilometers. committed to deploying unmanned aerial or (B) includes a subcontract under such a SEC. 1026. OPERATION OF THE FEDERAL VOTING ground vehicles. contract, regardless of the source of the ASSISTANCE PROGRAM AND THE (3) The extent to which existing facilities funding for such procurement. MILITARY POSTAL SYSTEM. described in paragraphs (1) and (2) have suffi- (3) The term ‘‘national of the United (a) REQUIREMENT FOR REPORTS.—(1) The cient unused capacity and expertise to re- States’’ has the meaning given such term in Secretary of Defense shall submit to Con- search, develop, test, and deploy the current section 101(22) of the Immigration and Na- gress two reports on the actions that the and next generations of unmanned aerial and tionality Act (8 U.S.C. 1101(22)). Secretary has taken to ensure that— ground vehicles and to provide for the devel- (4) The term ‘‘national’’, except as pro- (A) the Federal Voting Assistance Program opment of doctrine on the use and training vided in paragraph (3), has the meaning functions effectively to support absentee of operators of such vehicles. given such term in section 101(21) of such voting by members of the Armed Forces de- (4) The extent to which efficiencies on re- Act. ployed outside the United States in support search, development, testing, and deploy- of Operation Iraqi Freedom, Operation En- ment of existing or future unmanned aerial SEC. 1022. TECHNICAL CORRECTION TO REF- during Freedom, and all other contingency and ground vehicles can be achieved through ERENCE TO CERTAIN ANNUAL RE- operations; and PORTS. consolidation at one or more national cen- (B) the military postal system functions ters of excellence for unmanned aerial and Section 2474(f)(2) of title 10, United States effectively to support the morale of the per- ground vehicles. Code, is amended by striking ‘‘section sonnel described in subparagraph (A) and ab- (5) A list of potential locations for national 2466(e)’’ and inserting ‘‘section 2466(d)’’. sentee voting by such members. centers of excellence. (2)(A) The first report under paragraph (1) SEC. 1023. STUDY OF ESTABLISHMENT OF MOBI- (d) CONSIDERATIONS.—In determining the LIZATION STATION AT CAMP RIPLEY shall be submitted not later than 60 days potential locations for the national centers NATIONAL GUARD TRAINING CEN- after the date of the enactment of this Act. of excellence under this section, the Sec- TER, LITTLE FALLS, MINNESOTA. (B) The second report under paragraph (1) retary of Defense shall take into consider- shall be submitted not later than 60 days Not later than 120 days after the date of ation existing Air Force facilities that after the date on which the first report is the enactment of this Act, the Secretary of have— submitted under that paragraph. Defense shall carry out and complete a study (1) a workforce of skilled personnel; (3) In this subsection, the term ‘‘Federal (2) existing capacity of runways and other on the feasibility of the use of Camp Ripley Voting Assistance Program’’ means the pro- National Guard Training Center, Little facilities to accommodate the research, test- gram referred to in section 1566(b)(1) of title ing, and deployment of current and future Falls, Minnesota, as a mobilization station 10, United States Code. for reserve components ordered to active unmanned aerial vehicles; and (b) IMPLEMENTATION OF RECOMMENDED (3) minimal restrictions on the research, duty under provisions of law referred to in POSTAL SYSTEM IMPROVEMENTS.—Not later section 101(a)(13)(B) of title 10, United States development, and testing of unmanned aerial than 90 days after the date of the enactment vehicles resulting from proximity to large Code. The study shall include consideration of this Act, the Secretary of Defense shall of the actions necessary to establish such population centers or airspace heavily uti- submit to Congress a report setting forth— lized by commercial flights. center as a mobilization station. (1) the actions taken to implement the rec- SEC. 1028. REPORT ON POST-MAJOR COMBAT OP- SEC. 1024. REPORT ON TRAINING PROVIDED TO ommendations of the Military Postal Service ERATIONS PHASE OF OPERATION MEMBERS OF THE ARMED FORCES Agency Task Force, dated 28 August 2000; IRAQI FREEDOM. TO PREPARE FOR POST-CONFLICT and (a) REPORT REQUIRED.—(1) Not later than OPERATIONS. (2) in the case of each such recommenda- March 31, 2005, the Secretary of Defense shall (a) STUDY ON TRAINING.—The Secretary of tion not implemented or not fully imple- submit to the congressional defense commit- Defense shall conduct a study to determine mented as of the date of report, the reasons tees a report on the conduct of military op- the extent to which members of the Armed for not implementing or not fully imple- erations during the post-major combat oper- Forces assigned to duty in support of contin- menting such recommendation, as the case ations phase of Operation Iraqi Freedom. gency operations receive training in prepara- may be. (2) The report shall be prepared in con- tion for post-conflict operations and to SEC. 1027. REPORT ON ESTABLISHING NATIONAL sultation with the Chairman of the Joint evaluate the quality of such training. CENTERS OF EXCELLENCE FOR UN- Chiefs of Staff, the Commander of the United MANNED AERIAL AND GROUND VE- States Central Command, and such other of- (b) MATTERS TO BE INCLUDED IN STUDY.—As HICLES. ficials as the Secretary considers appro- part of the study under subsection (a), the (a) REPORT REQUIRED.—Not later than 120 priate. Secretary shall specifically evaluate the fol- days after the date of the enactment of this (b) CONTENT.—(1) The report shall include a lowing: Act, the Secretary of Defense shall submit to discussion of the matters described in para- (1) The doctrine, training, and leader-de- the congressional defense committees a re- graph (2), with a particular emphasis on ac- velopment system necessary to enable mem- port on the need for one or more national complishments and shortcomings and on bers of the Armed Forces to successfully op- centers of excellence for unmanned aerial near-term and long-term corrective actions erate in post-conflict operations. and ground vehicles. to address such shortcomings. (2) The adequacy of the curricula at mili- (b) GOAL OF CENTERS.—The goal of the cen- (2) The matters to be discussed in the retary educational facilities to ensure that the ters covered by the report is to promote port are as follows: Armed Forces has a cadre of members skilled interservice cooperation and coordination in (A) The military and political objectives of in post-conflict duties, including a famili- the following areas: the international coalition conducting the arity with applicable foreign languages and (1) Development of joint doctrine for the post-major combat operations phase of Oper- foreign cultures. organization, training, and use of unmanned ation Iraqi Freedom, and the military strat- (3) The training time and resources avail- aerial and ground vehicles. egy selected to achieve such objectives, to- able to members and units of the Armed (2) Joint research, development, test, and gether with an assessment of the execution Forces to develop cultural awareness about evaluation, and joint procurement of un- of the military strategy. ethnic backgrounds and religious beliefs of manned aerial and ground vehicles. (B) The mobilization process for the re- the people living in areas in which post-con- (3) Identification and coordination, in conserve components of the Armed Forces, in- flict operations are likely to occur. junction with the private sector and aca- cluding the timeliness of notification, train- (4) The adequacy of training trans- demia, of the future development of un- ing and certification, and subsequent demo- formation to emphasize post-conflict oper- manned aerial and ground vehicles. bilization. ations, including interagency coordination (4) Monitoring of the development and uti- (C) The use and performance of major in support of combatant commanders. lization of unmanned aerial and ground vehi- items of United States military equipment, (c) REPORT ON STUDY.—Not later than May cles in other nations for both military and weapon systems, and munitions (including 1, 2005, the Secretary shall submit to the non-military purposes. non-lethal weapons and munitions, items Committee on Armed Services of the Senate (5) The providing of joint training and pro- classified under special access procedures, and the Committee on Armed Services of the fessional development opportunities in the and items drawn from prepositioned stocks) House of Representatives a report on the reuse and operation of unmanned aerial and and any expected effects of the experience sult of the study conducted under this sec- ground vehicles to military personnel of all with the use and performance of such items tion. ranks and levels of responsibility. on the doctrinal and tactical employment of

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.078 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7637 such items and on plans for continuing the probable effects that an implementation of Comptroller General shall submit a report on acquisition of such items. those changes would have on current visions, the results of the study to the Committees (D) Any additional requirements for mili- goals, and plans for transformation of the on Armed Services of the Senate and the tary equipment, weapon systems, munitions, Armed Forces or the Department of Defense. House of Representatives. The report shall force structure, or other capability identi- (T) The planning for and implementation include the following matters: fied during the post-major combat oper- of morale, welfare, and recreation programs (1) Regarding the transition assistance pro- ations phase of Operation Iraqi Freedom, infor deployed forces and support to depend- grams under section 1142 and 1144 of title 10, cluding changes in type or quantity for fu- ents, including rest and recuperation pro- United States Code— ture operations. grams and personal communication benefits (A) an analysis of the extent to which such (E) The effectiveness of joint air oper- such as telephone, mail, and email services, programs are meeting the current needs of ations, together with an assessment of the including an assessment of the effectiveness members of the Armed Forces as such per- effectiveness of— of such programs. sonnel are discharged or released from active (i) the employment of close air support; (U) An analysis of force rotation plans, in- duty, including— and cluding individual personnel and unit rota- (i) a discussion of the original purposes of (ii) attack helicopter operations. tions, differing deployment lengths, and in- the programs; (F) The use of special operations forces, in- theater equipment repair and leave behinds. (ii) a discussion of how the programs are cluding operational and intelligence uses. (c) FORM OF REPORT.—The report shall be currently being administered in relationship (G) The scope of logistics support, includ- submitted in unclassified form, but may in- to those purposes; and ing support to and from other nations and clude a classified annex. (iii) an assessment of whether the pro- from international organizations and organi- (d) POST-MAJOR COMBAT OPERATIONS PHASE grams are adequate to meet the current zations and individuals from the private sec- OF OPERATION IRAQI FREEDOM DEFINED.—In needs of members of the reserve components, tor in Iraq. this section, the term ‘‘post-major combat including the National Guard; and (H) The incidents of accidental fratricide, operations phase of Operation Iraqi Free- (B) any recommendations that the Comp- including a discussion of the effectiveness of dom’’ means the period of Operation Iraqi troller General considers appropriate for im- the tracking of friendly forces and the use of Freedom beginning on May 2, 2003, and end- proving such programs, including any rec- the combat identification systems in miti- ing on December 31, 2004. ommendation regarding whether participa- gating friendly fire incidents. SEC. 1029. COMPTROLLER GENERAL ANALYSIS tion by members of the Armed Forces in (I) The adequacy of spectrum and band- OF USE OF TRANSITIONAL BENEFIT such programs should be required. width to transmit information to oper- CORPORATIONS IN CONNECTION (2) An analysis of the differences, if any, ational forces and assets, including un- WITH COMPETITIVE SOURCING OF among the Armed Forces and among the manned aerial vehicles, ground vehicles, and PERFORMANCE OF DEPARTMENT OF commands of military installations of the individual soldiers. DEFENSE ACTIVITIES AND FUNC- Armed Forces regarding how transition as- TIONS. (J) The effectiveness of strategic, oper- sistance is being provided under the transi- (a) REQUIREMENT FOR ANALYSIS.—Not later tion assistance programs, together with any ational, and tactical information operations, than February 1, 2005, the Comptroller Gen- recommendations that the Comptroller Gen- including psychological operations and as- eral shall submit to Congress an analysis of eral considers appropriate— sets, organization, and doctrine related to the potential for use of transitional benefit (A) to achieve uniformity in the provision civil affairs, in achieving established objec- corporations in connection with competitive of assistance under such programs; and tives, together with a description of techno- sourcing of the performance of activities and (B) to ensure that the transition assistance logical and other restrictions on the use of functions of the Department of Defense. information operations capabilities. (b) SPECIFIC ISSUES.—The analysis under is provided under such programs to members (K) The readiness of the reserve component this section shall— of the Armed Forces who are being separated forces used in the post-major combat oper- (1) address the capabilities of transitional at medical facilities of the uniformed servations phase of Operation Iraqi Freedom, in- benefit corporations— ices or Department of Veterans Affairs med- cluding an assessment of the success of the (A) to preserve human capital and surge ical centers and to Armed Forces personnel reserve component forces in accomplishing capability; on a temporary disability retired list under their missions. (B) to promote economic development and section 1202 or 1205 of title 10, United States (L) The adequacy of intelligence support job creation; Code. (3) An analysis of the relationship of De- during the post-major combat operations (C) to generate cost savings; and partment of Defense transition assistance phase of Operation Iraqi Freedom, including (D) to generate efficiencies that are com- programs to the transition assistance pro- the adequacy of such support in searches for parable to or exceed the efficiencies that re- grams of the Department of Veterans Affairs weapons of mass destruction. sult from competitive sourcing carried out (M) The rapid insertion and integration, if and the Department of Labor, including the by the Department of Defense under the pro- any, of developmental but mission-essential relationship of the benefits delivery at dis- cedures applicable to competitive sourcing equipment, organizations, or procedures dur- charge program carried out jointly by the by the Department of Defense; and ing the post-major combat operations phase Department of Defense and the Department (2) identify areas within the Department of of Operation Iraqi Freedom. of Veterans Affairs to the other transition Defense in which transitional benefit cor- (N) A description of the coordination, com- assistance programs. porations could be used to add value, reduce munication, and unity of effort between the (4) The rates of participation of Armed costs, and provide opportunities for bene- Armed Forces, the Coalition Provisional Au- Forces personnel in the transition assistance ficial use of employees and other resources thority, other United States government programs, together with any recommenda- that are displaced by competitive sourcing of agencies and organizations, nongovern- tions that the Comptroller General considers the performance of activities and functions mental organizations, and political, security, appropriate to increase such participation of the Department of Defense. and nongovernmental organizations of Iraq, rates, including any revisions of such pro- (d) TRANSITIONAL BENEFIT CORPORATION including an assessment of the effectiveness grams that could result in increased partici- DEFINED.—In this section, the term ‘‘transi- of such efforts. tional benefit corporation’’ means a corpora- pation. (O) The adequacy of training for military tion that facilitates the transfer of des- (5) An assessment of whether the transi- units once deployed to the United States ignated (usually underutilized) real estate, tion assistance information provided to Central Command, including training for equipment, intellectual property, or other Armed Forces personnel omits transition in- changes in unit mission and continuation assets of the United States to the private formation that would be beneficial to such training for high-intensity conflict missions. sector in a process that enables employees of personnel, including an assessment of the ex- (P) An estimate of the funding required to the United States in positions associated tent to which information is provided under return or replace equipment used to date in with the use of such assets to retain eligi- the transition assistance programs regarding Operation Iraqi Freedom, including equip- bility for Federal employee benefits and to participation in Federal Government pro- ment in prepositioned stocks, to mission- continue to accrue those benefits. curement opportunities available at prime ready condition. contract and subcontract levels to veterans SEC. 1029A. COMPTROLLER GENERAL STUDY OF (Q) A description of military civil affairs PROGRAMS OF TRANSITION ASSIST- with service-connected disabilities and other and reconstruction efforts, including ANCE FOR PERSONNEL SEPARATING veterans, together with any recommenda- through the Commanders Emergency Re- FROM THE ARMED FORCES. tions that the Comptroller General considers sponse Program, and an assessment of the ef- (a) REQUIREMENT FOR STUDY.—The Comp- appropriate regarding additional informa- fectiveness of such efforts and programs. troller General shall carry out a study of the tion that should be provided and any other (R) The adequacy of the requirements de- programs of the Department of Defense and recommendations that the Comptroller Gen- termination and acquisition processes, ac- other departments and agencies of the Fed- eral considers appropriate for enhancing the quisition, and distribution of force protec- eral Government under which transition as- provision of counseling on such procurement tion equipment, including personal gear, ve- sistance is provided to personnel who are opportunities. hicles, helicopters, and defense devices. separating from active duty service in the (6) An assessment of the extent to which (S) The most critical lessons learned that Armed Forces. representatives of military service organiza- could lead to long-term doctrinal, organiza- (b) REPORT.—Not later than 180 days after tions and veterans’ service organizations are tional, and technological changes, and the the date of the enactment of this Act, the afforded opportunities to participate, and do

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.078 S06PT1 S7638 CONGRESSIONAL RECORD — SENATE July 6, 2004 participate, in preseparation briefings under and occupational certification agencies in (1) A description of the efforts of the Presi- transition assistance programs, together the private sector. dent to work with the United Nations to pro- with any recommendations that the Comp- (b) REPORT.—Not later than 180 days after vide support for, and assistance to, the tran- troller General considers appropriate regard- the date of the enactment of this Act, the sitional government in Iraq, and, in paring how representatives of such organiza- Secretary of Labor shall submit a joint re- ticular, the efforts of the President to nego- tions could better be used to disseminate port on the results of the study under sub- tiate and secure adoption by the United Na- transition assistance information and pro- section (a) to Congress. tions Security Council of Resolution 1546. vide preseparation counseling to Armed SEC. 1029C. CONTENT OF PRESEPARATION COUN- (2) A description of the efforts of the Presi- Forces personnel, including personnel of the SELING FOR PERSONNEL SEPA- dent to continue to work with North Atlan- reserve components who are being released RATING FROM ACTIVE DUTY SERV- tic Treaty Organization (NATO) member from active duty for continuation of service ICE. states and non-NATO member states to pro- Section 1142 of title 10, United States Code, in the reserve components. vide support for and augment coalition is amended— (7) An analysis of the use of post-deploy- forces, including efforts, as determined by (1) by adding at the end of subsection (b) ment and predischarge health screenings, to- the United States combatant commander, in the following new paragraph: gether with any recommendations that the consultation with coalition forces, to evalu- ‘‘(11) Information on participation in Fed- Comptroller General considers appropriate ate the— eral Government procurement opportunities regarding whether and how to integrate the (A) the current military forces of the that are available at the prime contract health screening process and the transition NATO and non-NATO member countries de- level and at subcontract levels to veterans assistance programs into a single, coordi- ployed to Iraq; with service-connected disabilities and other nated preseparation program for Armed (B) the current police forces of NATO and veterans.’’; and Forces personnel being discharged or re- non-NATO member countries deployed to (2) by adding at the end the following new leased from active duty. Iraq; and subsection: (8) An analysis of the processes of the (C) the current financial resources of ‘‘(d) REQUIREMENTS RELATING TO COUN- Armed Forces for conducting physical ex- NATO and non-NATO member countries pro- SELING ON PROCUREMENT OPPORTUNITIES.—(1) aminations of members of the Armed Forces For the counseling under subsection (b)(11), vided for the stabilization and reconstruc- in connection with discharge and release the Secretary concerned may provide for tion of Iraq. from active duty, including— participation of representatives of the Sec- (3) As a result of the efforts described in (A) how post-deployment questionnaires retary of Veterans Affairs, representatives of paragraph (2)— are used; the Administrator of the Small Business Ad- (A) a list of the NATO and non-NATO (B) the extent to which Armed Forces per- ministration, representatives of other appro- member countries that have deployed and sonnel waive the physical examinations; and priate executive agencies, and representa- will have agreed to deploy military and po- (C) how, and the extent to which, Armed tives of Veterans’ Business Outreach Centers lice forces; and Forces personnel are referred for followup and Small Business Development Centers. (B) with respect to each such country, the health care. ‘‘(2) The Secretary concerned may provide schedule and level of such deployments. (9) A discussion of the current process by for the counseling under paragraph (11) of (4) A description of the efforts of the which mental health screenings are con- subsection (b) to be offered at medical cen- United States and coalition forces to develop ducted, followup mental health care is pro- ters of the Department of Veterans Affairs as the domestic security forces of Iraq for the vided for, and services are provided in cases well as the medical care facilities of the uni- internal security and external defense of of post-traumatic stress disorder and related formed services and other facilities at which Iraq, including a description of United States conditions for members of the Armed Forces the counseling on the other matters required plans to recruit, train, equip, and deploy do- in connection with discharge and release under such subsection is offered. The access mestic security forces of Iraq. from active duty, together with— of representatives described in paragraph (1) (5) As a result of the efforts described in (A) for each of the Armed Forces, the pro- to a member of the armed forces to provide paragraph (4)— grams that are in place to identify and treat such counseling shall be subject to the con- (A) the number of members of the security cases of post-traumatic stress disorder and sent of that member.’’. forces of Iraq that have been recruited; related conditions; and SEC. 1029D. PERIODIC DETAILED ACCOUNTING (B) the number of members of the security (B) for persons returning from deployments FOR OPERATIONS OF THE GLOBAL forces of Iraq that have been trained; and in connection with Operation Enduring Free- WAR ON TERRORISM. (C) the number of members of the security dom and Operation Iraqi Freedom— (a) QUARTERLY ACCOUNTING.—Not later forces of Iraq that have been deployed. (i) the number of persons treated as a re- than 45 days after the end of each quarter of (6) A description of the efforts of the sult of such screenings; and a year, the Secretary of Defense shall submit United States and coalition forces to assist (ii) the types of interventions. to the congressional defense committees, for in the reconstruction of essential infrastruc- (c) ACQUISITION OF SUPPORTING INFORMA- such quarter for each operation described in ture of Iraq, including the oil industry, elec- TION.—In carrying out the study under this subsection (b), a full accounting of all costs tricity generation, roads, schools, and hos- section, the Comptroller General shall seek incurred for such operation during such pitals. to obtain views from the following persons: quarter and all amounts expended during (7) A description of the efforts of the (1) The Secretary of Defense and the Secre- such quarter for such operation, and the pur- United States, coalition partners, and rel- taries of the military departments. poses for which such costs were incurred and evant international agencies to assist in the (2) The Secretary of Veterans Affairs. such amounts were expended. development of political institutions and (3) The Secretary of Labor. (b) OPERATIONS COVERED.—The operations prepare for democratic elections in Iraq. (4) Armed Forces personnel who have re- referred to in subsection (a) are as follows: (8) A description of the obstacles, including ceived transition assistance under the pro- (1) Operation Iraqi Freedom. financial, technical, logistic, personnel, po- grams covered by the study and Armed (2) Operation Enduring Freedom. litical, and other obstacles, faced by NATO Forces personnel who have declined to ac- (3) Operation Noble Eagle. in generating and deploying military forces cept transition assistance offered under such (4) Any other operation that the President out of theater to locations such as Iraq. programs. designates as being an operation of the Glob- (5) Representatives of military service or- al War on Terrorism. SEC. 1029F. REPORTS ON MATTERS RELATING TO ganizations and representatives of veterans’ (c) REQUIREMENT FOR COMPREHENSIVE- DETAINMENT OF PRISONERS BY THE service organizations. NESS.—For the purpose of providing a full DEPARTMENT OF DEFENSE. (6) Persons having expertise in health care and complete accounting of the costs and ex- (a) REPORTS REQUIRED.—Not later than 90 (including mental health care) provided penditures under subsection (a) for oper- days after the date of the enactment of this under the Defense Health Program, including ations described in subsection (b), the Sec- Act, and annually thereafter, the Secretary Department of Defense personnel, Depart- retary shall account in the quarterly submis- of Defense shall submit to the appropriate ment of Veterans Affairs personnel, and per- sion under subsection (a) for all costs and ex- committees of Congress a report on the pop- sons in the private sector. penditures that are reasonably attributable ulation of persons held by the Department of to such operations, including personnel SEC. 1029B. STUDY ON COORDINATION OF JOB Defense for more than 45 days and on the fa- costs. TRAINING AND CERTIFICATION cilities in which such persons are held. STANDARDS. SEC. 1029E. REPORT ON THE STABILIZATION OF (a) REQUIREMENT FOR STUDY.—The Sec- IRAQ. (b) REPORT ELEMENTS.—Each report under retary of Defense and the Secretary of Labor Not later than 120 days after the date of subsection (a) shall include the following: shall jointly carry out a study to determine the enactment of this Act, the President (1) General information on the foreign na- ways to coordinate the standards applied by shall submit to the congressional defense tional detainees in the custody of the De- the Armed Forces for the training and cer- committees an unclassified report (with clas- partment on the date of such report, includ- tification of members of the Armed Forces in sified annex, if necessary) on the strategy of ing the following: military occupational specialties with the the United States and coalition forces for (A) The best estimate of the Department of standards that are applied to corresponding stabilizing Iraq. The report shall contain a the number of the total number of detainees civilian occupations by occupational licens- detailed explanation of the strategy, to- in the custody of the Department as of the ing or certification agencies of governments gether with the following information: date of such report.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.078 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7639 (B) The countries in which such detainees (6) The policy, requirements, and objec- (A) Launch economics. were detained, and the number of detainees tives for intelligence surveillance and recon- (B) Operational concepts and architec- detained in each such country. naissance from space. tures. (C) The best estimate of the Department of (7) Current and planned space programs, (C) Launch technologies, including— the total number of detainees released from including how each such program will ad- (i) reusable launch vehicles; the custody of the Department during the dress the policy, requirements, and objec- (ii) expendable launch vehicles; one-year period ending on the date of such tives described in paragraphs (1) through (6). (iii) low cost options; and report. (8) The relationship among United States (iv) revolutionary approaches. (2) For each foreign national detained and military space policy and national security (D) Payloads, including their implications registered with the National Detainee Re- space policy, space objectives, and arms con- for launch requirements. porting Center by the Department on the trol policy. (E) Launch infrastructure. date of such report the following: (9) The type of systems, including space (F) Launch industrial base. (A) The Internment Serial Number or systems, that are necessary to implement (G) Relationships among military, civilian, other appropriate identification number. United States military and national security and commercial launch requirements. (B) The nationality, if available. space policies. (3) The review and assessment shall ad- (C) The place at which taken into custody, (10) The effect of United States national se- dress military space launch requirements if available. curity space policy on weapons proliferation. over each of the 5-year, 10-year, and 15-year (D) The circumstances of being taken into (c) REPORTS.—(1) Not later than March 15, periods beginning with 2005. OOPERATION OF FEDERAL AGENCIES.— custody, if available. 2005, the Secretary of Defense shall submit (d) C (1) The panel may secure directly from the (E) The place of detention. to the congressional defense committees an Department of Defense or any other depart- (F) The current length of detention. interim report on the review conducted ment or agency of the Federal Government (G) A categorization as a civilian detainee, under subsection (a). (2) Not later than December 31, 2005, the any information that the panel considers enemy prisoner of war/prisoner of war, or necessary to carry out its duties. Secretary shall submit to the congressional enemy combatant. (2) The Secretary of Defense shall des- (H) Information as to transfer to the juris- defense committees a final report on the re- ignate at least one senior civilian employee diction of another country, including the view. of the Department of Defense and at least (3) Each report under this subsection shall identity of such country. one general or flag officer of an Armed Force (3) Information on the detention facilities be submitted in unclassified form, but may to serve as liaison between the Department, and practices of the Department for the one- include a classified annex. the Armed Forces, and the panel. year period ending on the date of such re- (4) The reports under this subsection shall (e) REPORT.—Not later than one year after port, including for each facility of the De- also be submitted to the Select Committee the date of the first meeting of the panel partment at which detainees were detained on Intelligence of the Senate and the Perma- under subsection (b)(4), the panel shall sub- by the Department during such period the nent Select Committee on Intelligence of the mit to the Secretary of Defense, the congres- following: House of Representatives. sional defense committees, the Select Com- (A) The name of such facility. (d) JOINT UNDERTAKING WITH THE DIRECTOR mittee on Intelligence of the Senate, and the (B) The location of such facility. OF CENTRAL INTELLIGENCE.—The Secretary of Permanent Select Committee on Intelligence (C) The number of detainees detained at Defense shall conduct the review under this of the House of Representatives a report on such facility as of the end of such period. section, and submit the reports under sub- the results of the review and assessment (D) The capacity of such facility. section (c), jointly with the Director of Cen- under subsection (c). The report shall in- (E) The number of military personnel as- tral Intelligence. clude— signed to such facility as of the end of such (e) POSTURE REVIEW PERIOD DEFINED.—In (1) the findings and conclusions of the period. this section, the term ‘‘posture review pe- panel on the future military space launch re- (F) The number of other employees of the riod’’ means the period beginning one year quirements of the United States, including United States Government assigned to such after the date of the enactment of this Act means of meeting such requirements; facility as of the end of such period. and ending ten years after that date. (2) the assessment of panel, and any rec- (G) The number of contractor personnel as- SEC. 1032. PANEL ON THE FUTURE OF MILITARY ommendations of the panel, on— signed to such facility as of the end of such SPACE LAUNCH. (A) launch operational concepts and archi- period. (a) IN GENERAL.—(1) The Secretary of De- tectures; fense shall enter into a contract with a fed- (c) FORM OF REPORT.—Each report under (B) launch technologies; erally funded research and development cen- subsection (a) shall be submitted in unclassi- (C) launch enabling technologies; and ter to establish a panel on the future mili- fied form, but may include a classified (D) priorities for funding; and tary space launch requirements of the annex. (3) the assessment of the panel as to the United States, including means of meeting best means of meeting the future military (d) APPROPRIATE COMMITTEES OF CONGRESS such requirements. space launch requirements of the United DEFINED.—In this section, the term ‘‘appro- (2) The Secretary shall enter into the con- priate committees of Congress’’ means— States. tract not later than 60 days after the date of (f) TERMINATION.—The panel shall termi- (1) the Committee on Armed Services and the enactment of this Act. nate 16 months after the date on which the the Select Committee on Intelligence of the (b) MEMBERSHIP AND ADMINISTRATION OF chairman of the panel is designated pursuant Senate; and PANEL.—(1) The panel shall consist of indi- to subsection (b)(2). (2) the Committee on Armed Services and viduals selected by the federally funded re- (g) FUNDING.—Amounts authorized to be the Permanent Select Committee on Intel- search and development center from among appropriated to the Department of Defense ligence of the House of Representatives. private citizens of the United States with shall be available to the Secretary of De- Subtitle D—Matters Relating to Space knowledge and expertise in one or more of fense for purposes of the contract required the following areas: by subsection (a). SEC. 1031. SPACE POSTURE REVIEW. (A) Space launch operations. SEC. 1033. OPERATIONALLY RESPONSIVE NA- (a) REQUIREMENT FOR COMPREHENSIVE RE- (B) Space launch technologies. TIONAL SECURITY PAYLOADS FOR VIEW.—In order to clarify the national secu- (C) Satellite and satellite payloads. SPACE SATELLITES. rity space policy and strategy of the United (D) State and national launch complexes. (a) PLANNING, PROGRAMMING, AND MANAGE- States for the near term, the Secretary of (E) Space launch economics. MENT.—(1) Chapter 135 of title 10, United Defense shall conduct a comprehensive re- (2) The federally funded research and de- States Code, is amended by inserting after view of the space posture of the United velopment center shall establish appropriate section 2273 the following new section: States over the posture review period. procedures for the administration of the ‘‘§ 2273a. Operationally responsive national (b) ELEMENTS OF REVIEW.—The review con- panel, including designation of the chairman security payloads ducted under subsection (a) shall include, for of the panel from among its members. ‘‘(a) REQUIREMENT FOR PROGRAM ELE- the posture review period, the following: (3) All panel members shall hold security MENT.—The Secretary of Defense shall en- (1) The role of space in United States mili- clearances appropriate for the work of the sure that operationally responsive national tary and national security strategy, plan- panel. security payloads of the Department of De- ning, and programming. (4) The panel shall convene its first meet- fense for space satellites are planned, pro- (2) The policy, requirements, and objec- ing not later than 30 days after the date on grammed, and budgeted for as a separate, tives for space situational awareness. which all members of the panel have been se- dedicated program element. (3) The policy, requirements, and objec- lected. ‘‘(b) MANAGEMENT AUTHORITY.—The Sec- tives for space control. (c) DUTIES.—(1) The panel shall conduct a retary of Defense shall assign management (4) The policy, requirements, and objec- review and assessment of the future military authority for the program element required tives for space superiority, including defen- space launch requirements of the United under subsection (a) to the Director of the sive and offensive counterspace. States, including the means of meeting such Office of Force Transformation. (5) The policy, requirements, and objec- requirements. ‘‘(c) DEFINITION OF OPERATIONALLY RESPON- tives for space exploitation, including force (2) The review and assessment shall take SIVE.—In this section, the term ‘operation- enhancement and force application. into account matters as follows: ally responsive’, with respect to a national

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.078 S06PT1 S7640 CONGRESSIONAL RECORD — SENATE July 6, 2004 security payload for a space satellite, means ‘‘§ 2613. Emergency communications equip- bility and advisability of dedicating an air- an experimental or operational payload not ment: temporary acceptance from local lift capability of the Armed Forces on a full- in excess of 5,000 pounds that— public safety agencies time basis to the support of homeland de- ‘‘(1) can be developed and acquired within ‘‘(a) AUTHORITY FOR TEMPORARY ACCEPT- fense operations, including operations in 18 months after authority to proceed with ANCE OF EQUIPMENT.—(1) Under regulations support of contingent requirements for development is granted; and prescribed by the Secretary concerned, the transporting Weapons of Mass Destruction ‘‘(2) is responsive to requirements for capa- commander of a military installation may Civil Support Teams, Air Force expedi- bilities at the operational and tactical levels include in a disaster response agreement tionary medical teams, and Department of of warfare.’’. with a local public safety agency a clause Energy emergency response teams in re- (2) The table of sections at the beginning of that provides for the commander to accept sponse to natural disasters and man-made such chapter is amended by inserting after from the public safety agency for use during disasters. the item relating to section 2273 the fol- a natural or man-made disaster any commu- (2) In making the determination under lowing new item: nications equipment that is useful for com- paragraph (1), the Secretary shall take into ‘‘2273a. Operationally responsive national se- municating with such agency during a joint consideration the results of the study re- curity payloads.’’. response by the commander and such agency quired under subsection (b). (b) TIME FOR IMPLEMENTATION.—Section to such disaster. (b) REQUIREMENT FOR STUDY AND PLAN.—(1) 2273a(a) of title 10, United States Code, shall ‘‘(2) The authority under paragraph (1) in- The Secretary of Defense shall conduct a apply with respect to fiscal years beginning cludes authority to accept services related to study of the existing plans and capabilities after September 30, 2005. the operation and maintenance of commu- of the Department of Defense for meeting (c) FUNDING.—Of the amount authorized to contingent requirements for transporting be appropriated under section 201(4), nications equipment accepted under that paragraph. teams described in subsection (a)(1) in re- $25,000,000 shall be available for research, de- sponse to natural disasters and man-made velopment, test, and evaluation of operation- ‘‘(3) In the case of a military installation administered by an officer or employee of disasters. ally responsive national security payloads (2) The Secretary shall prepare a plan for the United States, such officer or employee for space satellites. resolving any deficiencies in the existing may exercise the authority of a commander SEC. 1034. NONDISCLOSURE OF CERTAIN PROD- plans and capabilities for meeting the trans- under this section. UCTS OF COMMERCIAL SATELLITE portation requirements described in para- OPERATIONS. ‘‘(b) CONDITIONS.—Acceptance of communications equipment and services by a com- graph (1). (a) DISCLOSURE PROHIBITED.—Land remote (3) The Secretary of Defense shall require mander from a public safety agency under sensing information may not be disclosed the commander of the United States North- subsection (a) is subject to the following con- under section 552 of title 5, United States ern Command and the commander of the ditions: Code. United States Transportation Command to (b) LAND REMOTE SENSING INFORMATION DE- ‘‘(1) Acceptance of equipment is authorized carry out jointly the study required under FINED.—In this section, the term ‘‘land re- only to the extent that communications paragraph (1) and to prepare jointly the plan mote sensing information’’— equipment under the control of the com- required under paragraph (2). (1) means any data that— mander is inadequate to meet requirements (c) REPORT.—Not later than April 1, 2005, (A) are collected by land remote sensing; for communicating with that public safety the Secretary shall submit to the Commit- and agency during a joint response to a disaster. tees on Armed Services of the Senate and the (B) are prohibited from sale to customers ‘‘(2) Acceptance of services for the oper- House of Representatives a report on the re- other than the United States Government ation or maintenance of communications sults of the study under subsection (b). The and its affiliated users under the Land Re- equipment is authorized only to the extent report shall include the following matters: mote Sensing Policy Act of 1992 (15 U.S.C. that capabilities under the control of the (1) The Secretary’s determination under 5601 et seq.); and commander are inadequate to operate or subsection (a). (2) includes any imagery and other product maintain such equipment. (2) An assessment and discussion of the that is derived from such data. ‘‘(c) LIABILITY.—(1) An emergency response adequacy of existing plans and capabilities (c) STATE OR LOCAL GOVERNMENT DISCLO- agreement under this section shall include a of the Department of Defense for meeting SURES.—Land remote sensing information clause that— the transportation requirements described in provided by the head of a department or ‘‘(A) specifies the means for the com- subsection (b)(1). agency of the United States to a State or mander to pay for use, loss, or damage of (3) The plan required under subsection local government may not be made available equipment, and for services, accepted under to the general public under any State or (b)(2). the agreement; or (d) DEFINITION.—In this section, the term local law relating to the disclosure of infor- ‘‘(B) ensures that the United States is not mation or records. ‘‘Weapons of Mass Destruction Civil Support liable for costs incurred for the acceptance Team’’ has the meaning given such term in (d) SAFEGUARDING INFORMATION.—The head and use of the equipment or services nor for of each department or agency of the United section 305b(e) of title 37, United States any loss or damage of such equipment. Code. States having land remote sensing informa- ‘‘(2) No person providing services accepted SEC. 1043. SURVIVABILITY OF CRITICAL SYSTEMS tion within that department or agency or under an emergency response agreement providing such information to a State or EXPOSED TO CHEMICAL OR BIO- may be considered to be an officer, em- local government shall take such actions, LOGICAL CONTAMINATION. ployee, or agent of the United States for any commensurate with the sensitivity of that (a) REQUIREMENT FOR IMPLEMENTATION purpose. information, as are necessary to protect that PLAN.—Not later than 120 days after the date ‘‘(d) GUIDANCE.—The Secretary of Defense information from disclosure prohibited of the enactment of this Act, the Secretary shall prescribe guidance for the administra- under this section. of Defense shall submit to the congressional tion of the requirements and authority under (e) OTHER DEFINITIONS.—In this section, defense committees a plan, for implementa- the terms ‘‘land remote sensing’’ and this section. tion by the Department of Defense, that sets ‘‘United States Government and its affiliated ‘‘(e) DEFINITIONS.—In this section: forth a systematic approach for ensuring the users’’ have the meanings given such terms ‘‘(1) The term ‘emergency response agree- survivability of defense critical systems in section 3 of such Act (15 U.S.C. 5602). ment’ means a memorandum of agreement or upon contamination of such systems by memorandum of understanding that provides SEC. 1035. SENSE OF CONGRESS ON SPACE chemical or biological agents. LAUNCH RANGES. for mutual support by Department of De- (b) CONTENT.—At a minimum, the plan It is the sense of Congress that the Sec- fense personnel and local public safety agen- under subsection (a) shall include— retary of Defense should provide support for, cy personnel in response to a natural or (1) policies for ensuring that the surviv- and continue the development, certification, man-made disaster. ability of defense critical systems in the and deployment of range safety systems that ‘‘(2) The term ‘military installation’ has event of contamination by chemical or bio- are capable of— the meaning given such term in section logical agents is adequately addressed (1) reducing costs related to national secu- 2801(c) of this title.’’. throughout the Department of Defense; rity space launches and launch infrastruc- (b) CLERICAL AMENDMENT.—The table of (2) a systematic process for identifying ture; and sections at the beginning of such chapter is which systems are defense critical systems; (2) enhancing technical capabilities and amended by adding at the end the following (3) specific testing procedures to be used operational safety at the Eastern, Western, new item: during the design and development of new and other United States space launch ranges. ‘‘2613. Emergency communications equip- defense critical systems; and Subtitle E—Defense Against Terrorism ment: temporary acceptance (4) a centralized database that— (A) contains comprehensive information on SEC. 1041. TEMPORARY ACCEPTANCE OF COMMU- from local public safety agen- NICATIONS EQUIPMENT PROVIDED cies.’’. the effects of chemical and biological agents BY LOCAL PUBLIC SAFETY AGEN- SEC. 1042. FULL-TIME DEDICATION OF AIRLIFT and decontaminants on materials used in de- CIES. SUPPORT FOR HOMELAND DEFENSE fense critical systems; and (a) AUTHORITY.—Chapter 155 of title 10, OPERATIONS. (B) is easily accessible to personnel who United States Code, is amended by adding at (a) DETERMINATION REQUIRED.—(1) The Sec- have duties to ensure the survivability of de- the end the following new section: retary of Defense shall determine the feasi- fense critical systems upon contamination of

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.079 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7641 such systems by chemical and biological ‘‘(4) The cost of equipment, services and ation in connection with assistance using agents. supplies provided in any fiscal year to a for- funds pursuant to the authority in sub- (c) DEFENSE CRITICAL SYSTEMS DEFINED.— eign country under paragraph (3)(B) may not section (a), except for the purpose of acting In this section, the term ‘‘defense critical exceed $5,000,000.’’. in self defense or of rescuing any United system’’ means a Department of Defense sys- (2) The table of sections at the beginning of States citizen, including any United States tem that is critical to the national security such chapter is amended by adding at the Armed Forces personnel, United States civil- of the United States. end the following new item: ian employee, or civilian contractor em- Subtitle F—Matters Relating to Other ‘‘406. Humanitarian assistance for the detec- ployed by the United States. Nations tion and clearance of landmines (e) RELATION TO OTHER AUTHORITY.—The authority provided by subsection (a) is in ad- SEC. 1051. HUMANITARIAN ASSISTANCE FOR THE and explosive remnants of DETECTION AND CLEARANCE OF war.’’. dition to any other authority in law to provide assistance to the Government of Colom- LANDMINES AND EXPLOSIVE REM- (b) REPEAL OF SUPERSEDED AUTHORITY.— bia. NANTS OF WAR. Section 401 of such title is amended— (f) REPORT ON RELATIONSHIPS BETWEEN (a) RESTATEMENT AND EXPANSION OF AU- (1) in subsection (a), by striking paragraph TERRORIST ORGANIZATIONS IN COLOMBIA AND THORITY.—(1) Chapter 20 of title 10, United (4); FOREIGN GOVERNMENTS AND ORGANIZATIONS.— States Code, is amended by adding at the end (2) in subsection (b)— the following new section: (1) Not later than 60 days after the date of (A) in paragraph (1), by striking ‘‘(1)’’; and the enactment of this Act, the Secretary of ‘‘§ 406. Humanitarian assistance for the detec- (B) by striking paragraph (2); State shall, in consultation with the Sec- tion and clearance of landmines and explo- (3) in subsection (c)— retary of Defense and the Director of Central sive remnants of war (A) by striking paragraphs (2) and (3); and Intelligence, submit to the congressional de- ‘‘(a) IN GENERAL.—Under regulations pre- (B) by redesignating paragraph (4) as para- fense committees and the Committee on For- scribed by the Secretary of Defense, mem- graph (2); and eign Relations of the Senate and the Com- bers of the armed forces may provide human- (4) in subsection (e), by striking paragraph mittee on International Relations of the itarian assistance for the detection and (5). House of Representatives a report that de- clearance of landmines or explosive rem- SEC. 1052. USE OF FUNDS FOR UNIFIED scribes— nants of war in a foreign country, including COUNTERDRUG AND (A) any relationships between foreign gov- activities relating to the furnishing of edu- COUNTERTERRORISM CAMPAIGN IN ernments or organizations and organizations COLOMBIA. cation, training, and technical assistance, if based in Colombia that have been designated (a) AUTHORITY.—(1) In fiscal years 2005 and the Secretary determines that the provision as foreign terrorist organizations under 2006, funds available to the Department of of such assistance will promote— United States law, including the provision of Defense to provide assistance to the Govern- ‘‘(1) the security interests of both the any direct or indirect assistance to such or- ment of Colombia may be used by the Sec- United States and the country in which such ganizations; and retary of Defense to support a unified cam- assistance is to be provided; and (B) United States policies that are de- paign by the Government of Colombia ‘‘(2) the specific operational readiness signed to address such relationships. against narcotics trafficking and against ac- skills of the members of the armed forces (2) The report under paragraph (1) shall be tivities by organizations designated as ter- who provide such assistance. submitted in unclassified form, but may in- rorist organizations, such as the Revolu- ‘‘(b) LIMITATIONS ON ACTIVITIES OF MEM- clude a classified annex. BERS OF THE ARMED FORCES.—The Secretary tionary Armed Forces of Colombia (FARC), SEC. 1053. ASSISTANCE TO IRAQ AND AFGHANI- shall ensure that no member of the armed the National Liberation Army (ELN), and STAN MILITARY AND SECURITY forces, while providing assistance under this the United Self-Defense Forces of Colombia FORCES. section— (AUC). (a) AUTHORITY.—Subject to the limitations ‘‘(1) engages in the physical detection, lift- (2) The authority to provide assistance for in subsection (c), the Secretary of Defense ing or destroying of landmines or explosive a campaign under this subsection includes may provide assistance in fiscal year 2005 to remnants of war (unless the member does so authority to take actions to protect human Iraq and Afghanistan military or security for the concurrent purpose of supporting a health and welfare in emergency cir- forces solely to enhance their ability to com- United States military operation); or cumstances, including the undertaking of bat terrorism and support United States or ‘‘(2) provides such assistance as part of a rescue operations. coalition military operations in Iraq and Af- military operation that does not involve the (b) APPLICABILITY OF CERTAIN LAWS AND ghanistan, respectively. armed forces. LIMITATIONS.—The use of funds pursuant to (b) TYPE OF ASSISTANCE.—Assistance pro- ‘‘(c) REQUIREMENT FOR APPROVAL OF SEC- the authority in subsection (a) shall be sub- vided under subsection (a) may include RETARY OF STATE.—Humanitarian assistance ject to the following: equipment, supplies, services, and training. for the detection and clearance of landmines (1) Sections 556, 567, and 568 of the Foreign (c) LIMITATIONS.—(1) The Secretary of De- and remnants of war may not be provided Operations, Export Financing, and Related fense may provide assistance under this sec- under this section to any foreign country un- Programs Appropriations Act, 2002 (Public tion only with the concurrence of the Sec- less the Secretary of State specifically ap- Law 107–115; 115 Stat. 2160, 2165, and 2166). retary of State and, in any case in which sec- proves the provision of such assistance to (2) Section 8077 of the Department of De- tion 104(e) of the National Security Act of such foreign country. fense Appropriations Act, 2004 (Public Law 1947 (50 U.S.C. 403–4(e)) applies, the Director ‘‘(d) AVAILABILITY OF FUNDS FOR CERTAIN 108–87; 117 Stat. 1090). of Central Intelligence. EXPENSES.—(1) To the extent provided in (c) NUMERICAL LIMITATION ON ASSIGNMENT (2) The cost of assistance provided under Acts authorizing appropriations for military OF UNITED STATES PERSONNEL.—Notwith- this section may be paid only out of funds activities of the Department of Defense, standing section 3204(b) of the Emergency available to the Department of Defense for funds authorized to be appropriated to the Supplemental Act, 2000 (Division B of Public fiscal year 2005 for operation and mainte- Department for a fiscal year for humani- Law 106–246; 114 Stat. 575), as amended by the nance and may not exceed $250,000,000. tarian assistance shall be available for the Foreign Operations, Export Financing, and (d) RELATIONSHIP TO OTHER AUTHORITY.— purpose of providing assistance under this Related Programs Appropriations Act, 2002 The authority to provide assistance under section. (Public Law 107–115; 115 Stat. 2131), the num- this section is in addition to any other au- ‘‘(2) Expenses incurred as a direct result of ber of United States personnel assigned to thority to provide assistance to Iraq and Af- providing humanitarian assistance under conduct activities in Colombia in connection ghanistan. this section to a foreign country shall be with support of Plan Colombia under sub- (e) CONGRESSIONAL NOTIFICATION.—Not paid out of funds specifically appropriated section (a) in fiscal years 2005 and 2006 shall later than 15 days before providing assist- for such purpose. be subject to the following limitations: ance to a recipient under this section, the ‘‘(3) Expenses covered by paragraph (2) in- (1) The number of United States military Secretary of Defense shall submit to the conclude the following: personnel assigned for temporary or perma- gressional defense committees a notification ‘‘(A) Travel, transportation, and subsist- nent duty in Colombia in connection with of the assistance proposed to be provided. ence expenses of Department of Defense per- support of Plan Colombia may not exceed SEC. 1054. ASSIGNMENT OF NATO NAVAL PER- sonnel providing humanitarian assistance 800. SONNEL TO SUBMARINE SAFETY RE- under this section. (2) The number of United States individual SEARCH AND DEVELOPMENT PRO- ‘‘(B) The cost of any equipment, services, citizens retained as contractors in Colombia GRAMS. or supplies acquired for the purpose of car- in connection with support of Plan Colombia (a) AUTHORITY.—Chapter 631 of title 10, rying out or supporting the provision of such who are funded by Federal funds may not ex- United States Code, is amended by inserting assistance, including any nonlethal, indi- ceed 600. after the item relating to section 7205 the vidual, or small-team landmine or explosive (d) LIMITATION ON PARTICIPATION OF UNITED following new section: remnant of war clearing equipment or sup- STATES PERSONNEL.—No United States ‘‘§ 7206. Submarine safety research and devel- plies that are to be transferred or otherwise Armed Forces personnel, United States civil- opment: acceptance of services of NATO furnished to a foreign country in furtherance ian employees, or United States civilian con- naval personnel of the provision of assistance under this sec- tractor personnel employed by the United ‘‘(a) AUTHORITY.—The Secretary of the tion. States may participate in any combat oper- Navy may, subject to subsection (e), accept

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.079 S06PT1 S7642 CONGRESSIONAL RECORD — SENATE July 6, 2004 the assignment of one or more members of (3) A greater percentage of the world’s is committed to the world-wide elimination the navy of another member country of the opium supply is now produced in Afghani- of torture and we are leading this fight by North Atlantic Treaty Organization to a stan than before the Taliban banned the cul- example. I call on all governments to join command of the Navy for work on the devel- tivation or trade of opium. with the United States and the community opment, standardization, or interoperability (4) In 2004, more than two years after the of law-abiding nations in prohibiting, inves- of submarine vessel safety and rescue sys- Taliban was forcefully removed from power, tigating, and prosecuting all acts of torture tems and procedures if the Secretary deter- Afghanistan is supplying approximately 75 and in undertaking to prevent other cruel mines that doing so would facilitate the de- percent of the world’s heroin. and unusual punishment.’’. velopment, standardization, and interoper- (5) The estimated value of the opium har- (3) The United States is a party to the Ge- ability of submarine vessel safety and rescue vested in Afghanistan in 2003 was neva Conventions, which prohibit torture, systems and procedures for the Navy, the $2,300,000,000. cruel treatment, or outrages upon personal navy of that foreign country, and any other (6) Some of the profits associated with dignity, in particular, humiliating and de- navy involved in that work. opium harvested in Afghanistan continue to grading treatment, during armed conflict. ‘‘(b) RECIPROCITY NOT REQUIRED.—The au- fund terrorists and terrorist organizations, (4) The United States is a party to 2 trea- thority under subsection (a) is not an ex- including Al Qaeda, that seek to attack the ties that prohibit torture and cruel, inhu- change program. Reciprocal assignments of United States and United States interests. man, or degrading treatment or punishment, members of the Navy to a navy of a foreign (7) The global war on terror is and should as follows: country is not a condition for the exercise of remain our Nation’s highest national secu- (A) The International Covenant on Civil such authority. rity priority. and Political Rights, done at New York De- ‘‘(c) PAYMENT OF PERSONNEL COSTS.—(1) (8) United States and Coalition cember 16, 1966. The acceptance of a member of a navy of a counterdrug efforts in Afghanistan have not (B) The Convention against Torture and foreign country under this section is subject yet produced significant results. Other Cruel, Inhuman or Degrading Treat- to the condition that the government of that (9) There are indications of strong, direct ment or Punishment, done at New York De- country pay the salary, per diem allowance, connections between terrorism and drug cember 10, 1984. subsistence costs, travel costs, cost of lan- trafficking. (5) The United States filed reservations to guage or other training, and other costs for (10) The elimination of this funding source the treaties described in subparagraphs (A) that member in accordance with the laws is critical to making significant progress in and (B) of paragraph (4) stating that the and regulations of such country. the global war on terror. United States considers itself bound to pre- ‘‘(2) Paragraph (1) does not apply to the (11) The President of Afghanistan, Hamid vent ‘‘cruel, inhuman or degrading treat- following costs: Karzai, has stated that opium production ment or punishment’’ to the extent that ‘‘(A) The cost of temporary duty directed poses a significant threat to the future of Af- phrase means the cruel, unusual, and inhu- by the Secretary of the Navy or an officer of ghanistan, and has established a plan of ac- mane treatment or punishment prohibited the Navy authorized to do so. tion to deal with this threat. by the 5th amendment, 8th amendment, or ‘‘(B) The cost of a training program con- (12) The United Nations Office on Drugs 14th amendment to the Constitution. ducted to familiarize, orient, or certify for- and Crime has reported that Afghanistan is (6) Army Regulation 190-8 entitled ‘‘Enemy eign naval personnel regarding unique as- Prisoners of War, Retained Personnel, Civil- at risk of again becoming a failed state if pects of their assignments. ian Internees and Other Detainees’’ provides strong actions are not taken against nar- ‘‘(C) Any cost incident to the use of the fa- that ‘‘Inhumane treatment is a serious and cotics. cilities of the Navy in the performance of as- punishable violation under international law (b) SENSE OF CONGRESS.—It is the sense of signed duties. and the Uniform Code of Military Justice Congress that— ‘‘(d) RELATIONSHIP TO OTHER AUTHORITY.— (UCMJ).... All prisoners will receive humane (1) the President should make the substan- The provisions of this section shall apply to treatment without regard to race, nation- tial reduction of drug trafficking in Afghani- any other authority that the Secretary of ality, religion, political opinion, sex, or stan a priority in the war on terror; the Navy may exercise, subject to the con- other criteria. The following acts are prohib- (2) the Secretary of Defense should, in co- currence of the Secretary of State, to enter ited: murder, torture, corporal punishment, ordination with the Secretary of State, work into an agreement with the government of a mutilation, the taking of hostages, sensory to a greater extent in cooperation with the foreign country to provide for the assign- deprivation, collective punishments, execu- Government of Afghanistan and interment of members of the navy of that foreign tion without trial by proper authority, and national organizations involved in country to a Navy submarine safety pro- all cruel and degrading treatment.... All counterdrug activities to assist in providing gram. The Secretary of the Navy may pre- persons will be respected as human beings. a secure environment for counterdrug per- scribe regulations for the application of this They will be protected against all acts of vi- sonnel in Afghanistan; and section in the exercise of such authority. olence to include rape, forced prostitution, (3) because the trafficking of narcotics is ‘‘(e) TERMINATION OF AUTHORITY.—The Sec- assault and theft, insults, public curiosity, retary of the Navy may not accept the as- known to support terrorist activities and bodily injury, and reprisals of any kind.... signment of a member of the navy of a for- contributes to the instability of the Govern- This list is not exclusive.’’. eign country under this section after Sep- ment of Afghanistan, additional efforts (7) The Field Manual on Intelligence Inter- tember 30, 2008.’’. should be made by the Armed Forces of the rogation of the Department of the Army (b) CLERICAL AMENDMENT.—The table of United States, in conjunction with and in states that ‘‘acts of violence or intimidation, sections at the beginning of such chapter is support of coalition forces, to significantly including physical or mental torture, amended by inserting after the item relating reduce narcotics trafficking in Afghanistan threats, insults, or exposure to inhumane to section 7205 the following new item: and neighboring countries, with particular treatment as a means of or an aid to interro- ‘‘7206. Submarine safety research and devel- focus on those trafficking organizations with gation’’ are ‘‘illegal’’. Such Manual defines opment: acceptance of services the closest links to known terrorist organi- ‘‘infliction of pain through... bondage (other of NATO naval personnel.’’. zations. than legitimate use of restraints to prevent (c) REPORT.—Not later than 120 days after SEC. 1055. COMPENSATION FOR FORMER PRIS- escape)’’, ‘‘forcing an individual to stand, sit, ONERS OF WAR. the date of the enactment of this Act, the or kneel in abnormal positions for prolonged Any plan of the Secretary of Defense to Secretary of Defense shall submit to Con- periods of time’’, ‘‘food deprivation’’, and provide compensation to an individual who gress a report that describes— ‘‘any form of beating’’ as ‘‘physical torture’’, was injured in a military prison under the (1) progress made towards substantially re- defines ‘‘abnormal sleep deprivation’’ as control of the United States in Iraq shall in- ducing the poppy cultivation and heroin pro- ‘‘mental torture’’, and prohibits the use of clude a provision to address the injuries suf- duction capabilities in Afghanistan; and such tactics under any circumstances. fered by the 17 citizens of the United States (2) the extent to which profits from illegal (8) The Field Manual on Intelligence Inter- who were held as prisoners of war by the re- drug activity in Afghanistan fund terrorist rogation of the Department of the Army gime of Saddam Hussein during the First organizations and support groups that seek states that ‘‘Use of torture and other illegal Gulf War. to undermine the Government of Afghani- methods is a poor technique that yields un- stan. SEC. 1056. DRUG ERADICATION EFFORTS IN AF- reliable results, may damage subsequent col- GHANISTAN. SEC. 1057. HUMANE TREATMENT OF DETAINEES. lection efforts, and can induce the source to (a) FINDINGS.—Congress makes the fol- (a) FINDINGS.—Congress makes the fol- say what he thinks the interrogator wants to lowing findings: lowing findings: hear. Revelation of use of torture by U.S. (1) The United States engaged in military (1) After World War II, the United States personnel will bring discredit upon the U.S. action against the Taliban-controlled Gov- and its allies created a new international and its armed forces while undermining do- ernment of Afghanistan in 2001 in direct re- legal order based on respect for human mestic and international support for the war sponse to the Taliban’s support and aid to Al rights. One of its fundamental tenets was a effort. It may also place U.S. and allied per- Qaeda. universal prohibition on torture and ill sonnel in enemy hands at a greater risk of (2) The military action against the Taliban treatment. abuse by their captors.’’. in Afghanistan was designed, in part, to dis- (2) On June 26, 2003, the International Day (b) PROHIBITION ON TORTURE OR CRUEL, IN- rupt the activities of, and financial support in Support of Victims of Torture, President HUMAN, OR DEGRADING TREATMENT OR PUN- for, terrorists. George W. Bush stated, ‘‘The United States ISHMENT.—(1) No person in the custody or

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.079 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7643 under the physical control of the United are in the possession or control of the Coali- the Partnership by welcoming new members States shall be subject to torture or cruel, tion Provisional Authority. and using the Partnership to coordinate non- inhuman, or degrading treatment or punish- (2) The Inspector General shall— proliferation projects in Libya, Iraq, and ment that is prohibited by the Constitution, (A) maintain copies of all such documents other countries; and that the President laws, or treaties of the United States. in the United States at the Department of should— (2) Nothing in this section shall affect the Defense; and (1) expand the membership of donor na- status of any person under the Geneva Con- (B) not later than August 31, 2004, deliver a tions to the Partnership; ventions or whether any person is entitled to complete set of all such documents to the (2) insure that Russia remains the primary the protections of the Geneva Conventions. Comptroller General of the United States. partner of the Partnership while also seeking (c) RULES, REGULATIONS, AND GUIDELINES.— (b) COOPERATION IN INVESTIGATIONS.—Each to fund through the Partnership efforts in (1) Not later than 180 days after the date of head of an Executive agency, including the other countries with potentially vulnerable enactment of this Act, the Secretary shall Department of State, the Department of De- weapons or materials; prescribe the rules, regulations, or guidelines fense, the Department of the Treasury, and (3) develop for the Partnership clear pro- necessary to ensure compliance with the pro- the Central Intelligence Agency, and the Ad- gram goals; hibition in subsection (b)(1) by the members ministrator of the Coalition Provisional Au- (4) develop for the Partnership transparent of the United States Armed Forces and by thority shall, upon a request in connection project prioritization and planning; any person providing services to the Depart- with an investigation of the United Nations (5) develop for the Partnership project im- ment of Defense on a contract basis. Oil-for-Food Program made by the chairman plementation milestones under periodic re- (2) The Secretary shall submit to the con- of the Committee on Foreign Relations, the view; gressional defense committees the rules, reg- Committee on Armed Services, the Com- (6) develop under the Partnership agree- ulations, or guidelines prescribed under para- mittee on the Judiciary, the Committee on ments between partners for project imple- graph (1), and any modifications to such Governmental Affairs, the Select Committee mentation; and rules, regulations, or guidelines— on Intelligence, the Permanent Sub- (7) give high priority and senior-level at- (A) not later than 30 days after the effec- committee on Investigations, or other com- tention to resolving disagreements on site tive date of such rules, regulations, guide- mittee of the Senate with relevant jurisdic- access and worker liability under the Part- lines, or modifications; and tion, promptly provide to such chairman— nership. (B) in a manner and form that will protect (1) access to any information and docu- the national security interests of the United SEC. 1059A. EXCEPTION TO BILATERAL AGREE- ments described in subsections (a) or (c) that MENT REQUIREMENTS FOR TRANS- States. are under the control of such agency and re- FERS OF DEFENSE ITEMS. (d) REPORT TO CONGRESS.—(1) The Sec- sponsive to the request; and (a) FINDINGS.—Congress makes the fol- retary shall submit, on a timely basis and (2) assistance relating to access to and uti- not less than twice each year, a report to lowing findings: lization of such information and documents. (1) Close defense cooperation between the Congress on the circumstances surrounding (c) INFORMATION FROM THE UNITED NA- any investigation of a possible violation of United States and each of the United King- TIONS.—(1) The Secretary of State shall use dom and Australia requires interoperability the prohibition in subsection (b)(1) by a the voice and vote of the United States in member of the Armed Forces or by a person among the armed forces of those countries. the United Nations to urge the Secretary- (2) The need for interoperability must be providing services to the Department of De- General of the United Nations to provide the fense on a contract basis. balanced with the need for appropriate and United States copies of all audits and core effective regulation of trade in defense (2) A report required under paragraph (1) documents related to the United Nations Oil- shall be submitted in a manner and form items. for-Food Program. (3) The Arms Export Control Act (22 U.S.C. that— (2) It is the sense of Congress that, pursu- (A) will protect the national security in- 2751 et seq.) authorizes the executive branch ant to section 941(b)(6) of the United Nations to administer arms export policies enacted terests of the United States; and Reform Act of 1999 (title IX of division A of (B) will not prejudice any prosecution of an by Congress in the exercise of its constitu- H.R. 3427 of the 106th Congress, as enacted tional power to regulate commerce with for- individual involved in, or responsible for, a into law by section 1000(a)(7) of Public Law violation of the prohibition in subsection eign nations. 106–113; 113 Stat. 1501A-480), the Comptroller (4) The executive branch has exercised its (b)(1). General of the United States should have full (e) DEFINITIONS.—In this section: authority under the Arms Export Control and complete access to financial data relat- Act, in part, through the International Traf- (1) The term ‘‘cruel, inhuman, or degrading ing to the United Nations, including infor- treatment or punishment’’ means the cruel, fic in Arms Regulations. mation related to the financial transactions, (5) Agreements to gain exemption from the unusual, and inhumane treatment or punish- organization, and activities of the United ment prohibited by the 5th amendment, 8th International Traffic in Arms Regulations Nations Oil-for-Food Program. must be submitted to Congress for review. amendment, or 14th amendment to the Con- (3) The Secretary of State shall facilitate (b) DEFINITIONS.—In this section: stitution. the providing of access to the Comptroller (1) APPROPRIATE CONGRESSIONAL COMMIT- (2) The term ‘‘Geneva Conventions’’ General to the financial data described in TEES.—The term ‘‘appropriate congressional means— paragraph (2). committees’’ means— (A) the Convention for the Amelioration of (d) REVIEW OF OIL-FOR-FOOD PROGRAM BY (A) the Committee on Foreign Relations the Condition of the Wounded and Sick in COMPTROLLER GENERAL.—(1) The Comp- Armed Forces in the Field, done at Geneva troller General of the United States shall and the Committee on Armed Services of the August 12, 1949 (6 UST 3114); conduct a review of United States oversight Senate; and (B) the Convention for the Amelioration of of the United Nations Oil-for-Food Program. (B) the Committee on International Rela- the Condition of the Wounded, Sick, and The review— tions and the Committee on Armed Services Shipwrecked Members of Armed Forces at (A) in accordance with Generally Accepted of the House of Representatives. EFENSE ITEMS.—The term ‘‘defense Sea, done at Geneva August 12, 1949 (6 UST Government Auditing Standards, should not (2) D items’’ has the meaning given the term in 3217); interfere with any ongoing criminal inves- section 38 of the Arms Export Control Act (22 (C) the Convention Relative to the Treat- tigations or inquiries related to the Oil-for- U.S.C. 2778). ment of Prisoners of War, done at Geneva Food program; and (3) INTERNATIONAL TRAFFIC IN ARMS REGU- August 12, 1949 (6 UST 3316); and (B) may take into account the results of LATIONS.—The term ‘‘International Traffic in (D) the Convention Relative to the Protec- any investigations or inquiries related to the Arms Regulations’’ means the regulations tion of Civilian Persons in Time of War, done Oil-for-Food program. at Geneva August 12, 1949 (6 UST 3516). (2) The head of each Executive agency shall maintained under parts 120 through 130 of (3) The term ‘‘Secretary’’ means the Sec- fully cooperate with the review under this title 22, Code of Federal Regulations, and retary of Defense. subsection. any successor regulations. (4) The term ‘‘torture’’ has the meaning (e) EXECUTIVE AGENCY DEFINED.—In this (c) EXCEPTIONS FROM BILATERAL AGREE- given that term in section 2340 of title 18, section, the term ‘‘Executive agency’’ has MENT REQUIREMENTS.— United States Code. the meaning given that term in section 105 of (1) IN GENERAL.—Subsection (j) of section SEC. 1058. UNITED NATIONS OIL-FOR-FOOD PRO- title 5, United States Code. 38 of the Arms Export Control Act (22 U.S.C. GRAM. SEC. 1059. SENSE OF CONGRESS ON THE GLOBAL 2778) is amended— (a) RESPONSIBILITY OF INSPECTOR GENERAL PARTNERSHIP AGAINST THE (A) by redesignating paragraph (4) as para- OF THE DEPARTMENT OF DEFENSE FOR SECU- SPREAD OF WEAPONS OF MASS DE- graph (5); and RITY OF DOCUMENTS.—(1) The Inspector Gen- STRUCTION. (B) by inserting after paragraph (3) the fol- eral of the Department of Defense, in co- It is the sense of Congress that the Presi- lowing new paragraph (4): operation with the Director of the Defense dent should be commended for the steps ‘‘(4) EXCEPTIONS FROM BILATERAL AGREE- Contract Audit Agency and the Director of taken at the G–8 summit at Sea Island, Geor- MENT REQUIREMENTS.— the Defense Contract Management Agency, gia, on June 8–10, 2004, to demonstrate con- ‘‘(A) AUSTRALIA.—Subject to section 1055 of shall ensure, not later than June 30, 2004, the tinued support for the Global Partnership the National Defense Authorization Act for security of all documents relevant to the against the Spread of Nuclear Weapons and Fiscal Year 2005, the requirements for a bi- United Nations Oil-for-Food Program that Materials of Mass Destruction and to expand lateral agreement described in paragraph

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.079 S06PT1 S7644 CONGRESSIONAL RECORD — SENATE July 6, 2004 (2)(A) shall not apply to a bilateral agree- (2) a list of all United Kingdom or Aus- (B) the United States origin of the good or ment between the United States Government tralia persons and entities that have been service; and the Government of Australia with redesignated as qualified persons eligible to re- (C) the authorized recipient of the good or spect to transfers or changes in end use of ceive United States origin defense items ex- service; defense items within Australia that will re- empt from the licensing requirements of the (D) a detailed description of the unauthor- main subject to the licensing requirements Arms Export Control Act under the terms of ized end-use or diversion, including any of this Act after such agreement enters into such agreements, and listing any modifica- knowledge by the United States exporter of force. tion, deletion, or addition to such lists, pur- such unauthorized end-use or diversion; ‘‘(B) UNITED KINGDOM.—Subject to section suant to the requirements of any agreement (E) any enforcement action taken by the 1055 of the National Defense Authorization with the United Kingdom or any agreement Government of the United States; and Act for Fiscal Year 2005, the requirements with Australia; (F) any enforcement action taken by the for a bilateral agreement described in para- (3) information on consultations or steps government of the recipient nation. graphs (1)(A)(ii), (2)(A)(i), and (2)(A)(ii) shall taken pursuant to any agreement with the SEC. 1059B. REDESIGNATION AND MODIFICATION not apply to a bilateral agreement between United Kingdom or any agreement with Aus- OF AUTHORITIES RELATING TO IN- the United States Government and the Gov- tralia concerning cooperation and consulta- SPECTOR GENERAL OF THE COALI- ernment of the United Kingdom for an ex- tion with either government on the effec- TION PROVISIONAL AUTHORITY. emption from the licensing requirements of tiveness of the defense trade control systems (a) REDESIGNATION.—(1) Subsections (b) and this Act.’’. of such government; (c)(1) of section 3001 of the Emergency Sup- (2) CONFORMING AMENDMENT.—Paragraph (4) information on provisions and proce- plemental Appropriations Act for Defense (2) of such subsection is amended in the mat- dures undertaken pursuant to— and Reconstruction of Iraq and Afghanistan, ter preceding subparagraph (A) by striking (A) any agreement with the United King- 2004 (Public Law 108–106; 117 Stat. 1234; 5 ‘‘A bilateral agreement’’ and inserting ‘‘Ex- dom with respect to the handling of United U.S.C. App. 3 section 8G note) are each cept as provided in paragraph (4), a bilateral States origin defense items exempt from the amended by striking ‘‘Office of the Inspector agreement’’. licensing requirements of the Arms Export General of the Coalition Provisional Author- (d) CERTIFICATIONS.—Not later than 30 days Control Act by persons and entities qualified ity’’ and inserting ‘‘Office of the Special In- before authorizing an exemption from the li- to receive such items in the United Kingdom; spector General for Iraq Reconstruction’’. censing requirements of the International and (2) Subsection (c)(1) of such section is fur- Traffic in Arms Regulations in accordance (B) any agreement with Australia with re- ther amended by striking ‘‘Inspector General with any bilateral agreement entered into spect to the handling of United States origin of the Coalition Provisional Authority’’ and with the United Kingdom or Australia under defense items exempt from the licensing re- inserting ‘‘Special Inspector General for Iraq section 38(j) of the Arms Export Control Act quirements of the Arms Export Control Act Reconstruction (in this section referred to as (22 U.S.C. 2778(j)), as amended by subsection by persons and entities qualified to receive the ‘Inspector General’)’’. (3)(A) The heading of such section is (c), the President shall certify to the appro- such items in Australia; amended to read as follows: priate congressional committees that such (5) information on any new under- agreement— standings, including the text of such under- ‘‘SEC. 3001. SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION.’’. (1) is in the national interest of the United standings, between the United States and (B) The heading of title III of such Act is States and will not in any way affect the the United Kingdom concerning retransfer of amended to read as follows: goals and policy of the United States under United States origin defense items made pur- section 1 of the Arms Export Control Act (22 suant to any agreement with the United ‘‘TITLE III—SPECIAL INSPECTOR U.S.C. 2751); Kingdom to gain exemption from the licens- GENERAL FOR IRAQ RECONSTRUCTION’’. (2) does not adversely affect the efficacy of ing requirements of the Arms Export Control (b) CONTINUATION IN OFFICE.—The indi- the International Traffic in Arms Regula- Act; vidual serving as the Inspector General of tions to provide consistent and adequate (6) information on consultations with the the Coalition Provisional Authority as of the controls for licensed exports of United States Government of the United Kingdom or the date of the enactment of this Act may con- defense items; and Government of Australia concerning the tinue to serve in that position after that (3) will not adversely affect the duties or legal enforcement of any such agreements; date without reappointment under paragraph requirements of the Secretary of State under (7) information on United States origin de- (1) of section 3001(c) of the Emergency Sup- the Arms Export Control Act. fense items with respect to which the United plemental Appropriations Act for Defense (e) NOTIFICATION OF BILATERAL LICENSING States has provided an exception under the and Reconstruction of Iraq and Afghanistan, EXEMPTIONS.—Not later than 30 days before Memorandum of Understanding between the 2004, but remaining subject to removal as authorizing an exemption from the licensing United States and the United Kingdom and specified in paragraph (4) of that section. requirements of the International Traffic in any agreement between the United States (c) PURPOSES.—Subsection (a) of such sec- Arms Regulations in accordance with any bi- and Australia from the requirement for tion is amended— lateral agreement entered into with the United States Government re-export consent (1) in paragraph (1), by striking ‘‘of the Co- United Kingdom or Australia under section that was not provided for under United alition Provisional Authority (CPA)’’ and in- 38(j) of the Arms Export Control Act (22 States laws and regulations in effect on the serting ‘‘funded with amounts appropriated U.S.C. 2778(j)), as amended by subsection (c), date of the enactment of this Act; and or otherwise made available to the Iraq Re- the President shall submit to the appro- (8) information on any significant concerns lief and Reconstruction Fund’’; priate congressional committees the text of that have arisen between the Government of (2) in paragraph (2)(B), by striking ‘‘fraud’’ the regulations that authorize such a licens- Australia or the Government of the United and inserting ‘‘waste, fraud,’’; and ing exemption. Kingdom and the United States Government (3) in paragraph (3), by striking ‘‘the head (f) REPORT ON CONSULTATION ISSUES.—Not concerning any aspect of any bilateral agree- of the Coalition Provisional Authority’’ and later than one year after the date of the en- ment between such country and the United inserting ‘‘the Secretary of State and the actment of this Act and annually thereafter States to gain exemption from the licensing Secretary of Defense’’. for each of the following 5 years, the Presi- requirements of the Arms Export Control (d) RESPONSIBILITIES OF ASSISTANT INSPEC- dent shall submit to the appropriate congres- Act. TOR GENERAL FOR AUDITING.—Subsection sional committees a report on issues raised (g) SPECIAL NOTIFICATIONS.— (d)(1) of such section is amended by striking during the previous year in consultations (1) REQUIRED NOTIFICATIONS.—The Sec- ‘‘of the Coalition Provisional Authority’’ and conducted under the terms of any bilateral retary of State shall notify the appropriate inserting ‘‘supported by the Iraq Relief and agreement entered into with Australia under congressional committees not later than 90 Reconstruction Fund’’. section 38(j) of the Arms Export Control Act, days after receiving any credible informa- (e) SUPERVISION.—Such section is further or under the terms of any bilateral agree- tion regarding an unauthorized end-use or di- amended— ment entered into with the United Kingdom version of United States exports of goods or (1) in subsection (e)(1), by striking ‘‘the under such section, for exemption from the services made pursuant to any agreement head of the Coalition Provisional Authority’’ licensing requirements of the Arms Export with a country to gain exemption from the and inserting ‘‘the Secretary of State and Control Act (22 U.S.C. 2751 et seq.). Each re- licensing requirements of the Arms Export the Secretary of Defense’’; port shall contain— Control Act. The notification shall be made (2) in subsection (h)— (1) information on any notifications or in a manner that is consistent with any on- (A) in paragraphs (4)(B) and (5), by striking consultations between the United States and going efforts to investigate and commence ‘‘head of the Coalition Provisional Author- the United Kingdom under the terms of any civil actions or criminal investigations or ity’’ and inserting ‘‘Secretary of State’’; and agreement with the United Kingdom, or be- prosecutions regarding such matters and (B) in paragraph (5), by striking ‘‘at the tween the United States and Australia under may be made in classified or unclassified central and field locations of the Coalition the terms of any agreement with Australia, form. Provisional Authority’’ and inserting ‘‘at ap- concerning the modification, deletion, or ad- (2) CONTENT.—The notification regarding propriate locations of the Department of dition of defense items on the United States an unauthorized end-use or diversion of State in Iraq’’; Munitions List, the United Kingdom Mili- goods or services under paragraph (1) shall (3) in subsection (j)— tary List, or the Australian Defense and include— (A) in paragraph (1), by striking ‘‘the head Strategic Goods List; (A) a description of the goods or services; of the Coalition Provisional Authority’’ and

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.079 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7645 inserting ‘‘the Secretary of State and the ‘‘the Department of State and of the Depart- Subtitle G—Other Matters Secretary of Defense’’; and ment of Defense’’. SEC. 1061. TECHNICAL AMENDMENTS RELATING (B) in paragraph (2)— (j) TERMINATION.—Subsection (o) of such TO DEFINITIONS OF GENERAL AP- (i) in subparagraph (A)— section is amended to read as follows: PLICABILITY IN TITLE 10, UNITED (I) by striking ‘‘the head of the Coalition STATES CODE. Provisional Authority’’ the first place it ap- ‘‘(o) TERMINATION.—The Office of the In- (a) CLARIFICATION OF DEFINITION OF ‘‘OPER- pears and inserting ‘‘the Secretary of State spector General shall terminate on the date ATIONAL RANGE’’.—Section 101(e)(3) of title or the Secretary of Defense’’; and that is 10 months after the date, as deter- 10, United States Code, is amended by strik- (II) by striking ‘‘the head of the Coalition mined by the Secretary of State, on which 80 ing ‘‘Secretary of Defense’’ and inserting Provisional Authority considers’’ the second percent of the amounts appropriated or oth- ‘‘Secretary of a military department’’. place it appears and inserting ‘‘the Secretary erwise made available to the Iraq Relief and (b) AMENDMENTS RELATING TO DEFINITION of State or the Secretary of Defense, as the Reconstruction Fund by chapter 2 of title II OF CONGRESSIONAL DEFENSE COMMITTEES.—(1) case may be, consider’’; and of this Act have been obligated.’’. Section 2215 of title 10, United States Code, (ii) in subparagraph (B), by striking ‘‘the is amended— head of the Coalition Provisional Authority SEC. 1059C. TREATMENT OF FOREIGN PRIS- (A) in subsection (a)— considers’’ and inserting ‘‘the Secretary of ONERS. (i) by striking ‘‘(a) CERTIFICATION RE- State or the Secretary of Defense, as the (a) POLICY.—(1) It is the policy of the QUIRED.—’’; and case may be, consider’’; and United States to treat all foreign persons (ii) by striking ‘‘congressional committees (4) in subsection (k), by striking ‘‘the head specified in subsection (b)’’ and inserting captured, detained, interned or otherwise of the Coalition Provisional Authority shall’’ ‘‘congressional defense committees’’; and held in the custody of the United States each place it appears and inserting ‘‘the Sec- (B) by striking subsection (b). retary of State and the Secretary of Defense (hereinafter ‘‘prisoners’’) humanely and in (2) Section 2515(d) of such title is amend- shall jointly’’. accordance with standards that the United ed— (f) DUTIES.—Subsection (f)(1) of such sec- States would consider legal if perpetrated by (A) by striking ‘‘REPORT.—(1)’’ and insert- tion is amended by striking ‘‘appropriated the enemy against an American prisoner. ing ‘‘REPORT.—’’; funds by the Coalition Provisional Authority (2) It is the policy of the United States (B) by striking ‘‘congressional committees in Iraq’’ and inserting ‘‘amounts appro- that all officials of the United States are specified in paragraph (2)’’ and inserting priated or otherwise made available to the bound both in wartime and in peacetime by ‘‘congressional defense committees’’; and Iraq Relief and Reconstruction Fund’’. the legal prohibition against torture, cruel, (C) by striking paragraph (2). (g) COORDINATION WITH INSPECTOR GENERAL inhuman or degrading treatment. (3) Section 2676(d) of such title is amended OF DEPARTMENT OF STATE.—Subsection (f) of (3) If there is any doubt as to whether pris- such section is further amended striking by striking ‘‘appropriate committees of Con- oners are entitled to the protections afforded paragraphs (4) and (5) and inserting the fol- gress’’ in the first sentence and inserting by the Geneva Conventions, such prisoners lowing new paragraph (4): ‘‘congressional defense committees’’. ‘‘(4) In carrying out the duties, responsibil- shall enjoy the protections of the Geneva SEC. 1062. TWO-YEAR EXTENSION OF AUTHORITY ities, and authorities of the Inspector Gen- Conventions until such time as their status OF SECRETARY OF DEFENSE TO EN- eral under this section, the Inspector Gen- can be determined pursuant to the proce- GAGE IN COMMERCIAL ACTIVITIES eral shall coordinate with, and receive the dures authorized by Army Regulation 190–8, AS SECURITY FOR INTELLIGENCE cooperation of, each of the following: Section 1–6. COLLECTION ACTIVITIES ABROAD. ‘‘(A) The Inspector General of the Depart- (4) It is the policy of the United States to Section 431(a) of title 10, United States ment of Defense. expeditiously prosecute cases of terrorism or Code, is amended by striking ‘‘December 31, ‘‘(B) The Inspector General of the United other criminal acts alleged to have been 2004’’ and inserting ‘‘December 31, 2006’’. States Agency for International Develop- committed by prisoners in the custody of the SEC. 1063. LIABILITY PROTECTION FOR PERSONS ment. United States Armed Forces at Guantanamo VOLUNTARILY PROVIDING MARI- ‘‘(C) The Inspector General of the Depart- Bay, Cuba, in order to avoid the indefinite TIME-RELATED SERVICES ACCEPT- ment of State.’’. detention of prisoners, which is contrary to ED BY THE NAVY. (h) POWERS AND AUTHORITIES.—Subsection the legal principles and security interests of Section 1588(d)(1) of title 10, United States (g) of such section is amended by inserting the United States. Code, is amended by adding at the end the following new subparagraph: before the period the following: ‘‘, including (b) REPORTING.—The Department of De- the authorities under subsection (e) of such ‘‘(F) In the case of a person aboard a sail- fense shall submit to the appropriate con- section’’. ing vessel of the Navy to engage in the train- (i) REPORTS.—Subsection (i) of such section gressional committees: ing of Navy personnel or in a competition in- is amended— (1) A quarterly report providing the num- volving Navy personnel, the following provi- (1) in paragraph (1)— ber of prisoners who were denied Prisoner of sions of law relating to claims in admiralty (A) in the first sentence, by striking ‘‘and War (POW) status under the Geneva Conven- for damages or loss: every calendar quarter thereafter,’’ and all tions and the basis for denying POW status ‘‘(i) The Act entitled ‘An Act authorizing that follows through ‘‘the Coalition Provi- to each such prisoner. suits against the United States in admiralty, sional Authority’’ and inserting ‘‘again on (2) A report setting forth— suits for salvage services, and providing for July 30, 2004, and every calendar quarter (A) the proposed schedule for military the release of merchant vessels belonging to thereafter, the Inspector General shall sub- commissions to be held at Guantanamo Bay, the United States from arrest and attach- mit to the appropriate committees of Con- Cuba; and ment in foreign jurisdictions, and for other gress a report summarizing the activities of (B) the number of individuals currently purposes’, approved March 9, 1920 (commonly the Inspector General and the programs and held at Guantanamo Bay, Cuba, the number known as the ‘Suits in Admiralty Act’) (46 operations funded with amounts appro- of such individuals who are unlikely to face U.S.C. App. 741 et seq.). priated or otherwise made available to the a military commission in the next six ‘‘(ii) The Act entitled ‘An Act authorizing Iraq Relief and Reconstruction Fund’’; months, and the reason(s) for not bringing suits against the United States in admiralty (B) in subparagraph (B), by striking ‘‘the such individuals before a military commis- for damage caused by and salvage services Coalition Provisional Authority’’ and insert- sion. rendered to public vessels belonging to the ing ‘‘the Department of Defense, the Depart- (3) All International Committee of the Red United States, and for other purposes’, ap- ment of State, and the United States Agency Cross reports, completed prior to the enact- proved March 3, 1925 (commonly known as for International Development, as applica- ment of this Act, concerning the treatment the ‘Public Vessels Act’) (46 U.S.C. App. 781 ble,’’; of prisoners in United States custody at et seq.).’’. Guantanamo Bay, Cuba, Iraq, and Afghani- (C) in subparagraph (E), by striking ‘‘ap- SEC. 1064. LICENSING OF INTELLECTUAL PROP- propriated funds’’ and inserting ‘‘such stan. Such ICRC reports should be provided, ERTY. in classified form, not later than 15 days amounts’’; and (a) AUTHORITY.—Subchapter II of chapter (D) in subparagraph (F), by striking ‘‘the after enactment of this Act. 134 of title 10, United States Code, is amend- Coalition Provisional Authority’’ and insert- (4) A report setting forth all prisoner inter- ed by adding at the end the following new ing ‘‘the contracting department or agency’’; rogation techniques approved by officials of section: (2) in paragraph (2), by striking ‘‘by the Co- the United States. alition Provisional Authority’’ and inserting ‘‘§ 2260. Licensing of intellectual property: re- (c) ANNUAL TRAINING REQUIREMENT.—The ‘‘by any department or agency of the United tention of fees Department of Defense shall certify that all States Government that involves the use of ‘‘(a) AUTHORITY.—Under regulations pre- Federal employees and civilian contractors amounts appropriated or otherwise made scribed by the Secretary of Defense, the Sec- available to the Iraq Relief and Reconstruc- engaged in the handling and/or interrogating retary concerned may license trademarks, tion Fund’’; of prisoners have fulfilled an annual training service marks, certification marks, and col- (3) in paragraph (3), by striking ‘‘June 30, requirement on the laws of war, the Geneva lective marks owned or controlled by the 2004’’ and inserting ‘‘July 30, 2004’’; and Conventions and the obligations of the Secretary concerned and may retain and ex- (4) in paragraph (4), by striking ‘‘the Coali- United States under international humani- pend fees received from such licensing in action Provisional Authority’’ and inserting tarian law. cordance with this section.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.079 S06PT1 S7646 CONGRESSIONAL RECORD — SENATE July 6, 2004

‘‘(b) DESIGNATED MARKS.—The Secretary ‘‘(3) The interest and benefits accruing (2) by striking clause (iv) and inserting the concerned shall designate the trademarks, from securities under this subsection shall following: service marks, certification marks, and col- be deposited to the credit of the insurance ‘‘(iv) any person or organization in the lective marks as to which the Secretary ex- fund.’’. chain of command; or ercises the authority to retain licensing fees SEC. 1067. REPEAL OF QUARTERLY REPORTING ‘‘(v) any other person or organization des- under this section. REQUIREMENT CONCERNING PAY- ignated pursuant to regulations or other es- ‘‘(c) USE OF FEES.—The Secretary con- MENTS FOR DISTRICT OF COLUMBIA tablished administrative procedures for such cerned shall use fees retained under this sec- WATER AND SEWER SERVICES AND communications.’’. tion for purposes as follows: ESTABLISHMENT OF ANNUAL RE- (b) EFFECTIVE DATE AND APPLICABILITY.— ‘‘(1) For payment of the following costs in- PORT BY TREASURY. This section and the amendments made by curred by the Secretary: (a) WATER AND WATER SERVICE SUPPLIED this section shall take effect on the date of ‘‘(A) Costs of securing trademark registra- FOR THE USE OF THE GOVERNMENT OF THE the enactment of this Act and shall apply tions. UNITED STATES.—Section 106(b)(5) of the Dis- with respect to any unfavorable personnel ‘‘(B) Costs of operating the licensing pro- trict of Columbia Public Works Act of 1954 action taken or threatened, and any with- gram under this section. (sec. 34–2401.25(b), D.C. Official Code), as holding of or threat to withhold a favorable ‘‘(2) For morale, welfare, and recreation ac- amended by section 401 of the Miscellaneous personnel action, on or after that date. tivities under the jurisdiction of the Sec- Appropriations Act, 2001 (as enacted by ref- SEC. 1070. MISSILE DEFENSE COOPERATION. retary, to the extent (if any) that the total erence in section 1(a)(4) of the Consolidated (a) DEPARTMENT OF STATE PROCEDURES FOR amount of the licensing fees available under Appropriations Act, 2001), is amended to read EXPEDITED REVIEW OF LICENSES FOR THE this section for a fiscal year exceed the total as follows: TRANSFER OF DEFENSE ITEMS RELATED TO amount needed for such fiscal year under ‘‘(5) Not later than the 15th day of the MISSILE DEFENSE.— paragraph (1). month following the beginning of the fiscal (1) EXPEDITED PROCEDURES.—The Secretary ‘‘(d) AVAILABILITY.—Fees received in a fis- year (beginning with fiscal year 2005), the of State shall, in consultation with the Sec- cal year and retained under this section shall Secretary of the Treasury with respect to retary of Defense, establish procedures for be available for obligations in such fiscal each Federal department, establishment, or considering technical assistance agreements year and the following two fiscal years. agency receiving water services from the and related amendments and munitions li- ‘‘(e) DEFINITIONS.—In this section, the District of Columbia shall submit a report to cense applications for the export of defense terms ‘trademark’, ‘service mark’, ‘certifi- the Committee on Government Reform of items related to missile defense not later cation mark’, and ‘collective mark’ have the the House of Representatives, the Committee than 30 days after receiving such agree- meanings given such terms in section 45 of on Governmental Affairs of the Senate, and ments, amendments, and munitions license the Act entitled ‘An Act to provide for the the Committees on Appropriations of the applications, except in cases in which the registration and protection of trademarks House of Representatives and Senate ana- Secretary of State determines that addi- used in commerce, to carry out the provi- lyzing the promptness of payment with re- tional time is required to complete a review sions of certain international conventions, spect to the services furnished to such de- of a technical assistance agreement or re- and for other purposes’, approved July 5, 1946 partment, establishment, or agency.’’. lated amendment or a munitions license ap- (commonly referred to as the ‘Trademark (b) SANITARY SEWER SERVICE CHARGES FOR plication for foreign policy or national secu- Act of 1946’) (15 U.S.C. 1127).’’. UNITED STATES GOVERNMENT.—Section rity reasons, including concerns regarding (b) CLERICAL AMENDMENT.—The table of 212(b)(5) of the District of Columbia Public the proliferation of ballistic missile tech- sections at the beginning of such subchapter Works Act of 1954 (sec. 34–2112(b), D.C. Offi- nology. is amended by adding at the end the fol- cial Code), as amended by section 401 of the (2) STUDY ON COMPREHENSIVE AUTHORIZA- lowing new item: Miscellaneous Appropriations Act, 2001 (as TIONS FOR MISSILE DEFENSE.—The Secretary ‘‘2260. Licensing of intellectual property: re- enacted by reference in section 1(a)(4) of the of State shall, in consultation with the Sec- tention of fees.’’. Consolidated Appropriations Act, 2001), is retary of Defense, examine the feasibility of SEC. 1065. DELAY OF ELECTRONIC VOTING DEM- amended to read as follows: providing major project authorizations for ONSTRATION PROJECT. ‘‘(5) Not later than the 15th day of the programs related to missile defense similar Section 1604(a) of the National Defense Au- month following the beginning of the fiscal to the comprehensive export authorization thorization Act for Fiscal Year 2002 (Public year (beginning with fiscal year 2005), the specified in section 126.14 of the Inter- Law 107–107; 115 Stat. 1277; 42 U.S.C. 1973ff Secretary of the Treasury with respect to national Traffic in Arms Regulations (sec- note) is amended— each Federal department, establishment, or tion 126.14 of title 22, Code of Federal Regula- (1) in paragraph (1), by striking ‘‘2002’’ and agency receiving sanitary sewer services tions). inserting ‘‘2006’’; and from the District of Columbia shall submit a (3) REPORT.—Not later than 180 days after (2) in paragraph (2)— report to the Committee on Government Re- the date of the enactment of this Act, the (A) by striking ‘‘2002’’ and inserting ‘‘2006’’; form of the House of Representatives, the Secretary of State shall, in consultation and Committee on Governmental Affairs of the with the Secretary of Defense, submit to the (B) by striking ‘‘2004’’ and inserting ‘‘2008’’. Senate, and the Committees on Appropria- Committee on Foreign Relations and the SEC. 1066. WAR RISK INSURANCE FOR MERCHANT tions of the House of Representatives and Committee on Armed Services of the Senate MARINE VESSELS. Senate analyzing the promptness of payment and the Committee on International Rela- (a) EXTENSION OF AUTHORITY.—Section 1214 with respect to the services furnished to tions and the Committee on Armed Services of the Merchant Marine Act, 1936 (46 U.S.C. such department, establishment, or agen- of the House of Representatives a report on— App. 1294) is amended by striking ‘‘June 30, cy.’’. (A) the implementation of the expedited 2005’’ and inserting ‘‘December 31, 2008’’. SEC. 1068. RECEIPT OF PAY BY RESERVES FROM procedures required under paragraph (1); and (b) INVESTMENT OF FUNDS EXCESS TO CIVILIAN EMPLOYERS WHILE ON AC- (B) the feasibility of providing the major SHORT-TERM NEEDS.—Section 1208 of such TIVE DUTY IN CONNECTION WITH A project authorization for projects related to Act (46 U.S.C. App. 1288) is amended— CONTINGENCY OPERATION. missile defense described in paragraph (2). (1) by redesignating subsection (b) as sub- Section 209 of title 18, United States Code, (b) DEPARTMENT OF DEFENSE PROCEDURES section (c); and is amended by adding at the end the fol- FOR EXPEDITED REVIEW OF LICENSES FOR THE (2) in subsection (a), by striking ‘‘Upon the lowing new subsection: TRANSFER OF DEFENSE ITEMS RELATED TO request of the Secretary of Transportation,’’ ‘‘(h) This section does not prohibit a mem- MISSILE DEFENSE.— and all that follows and inserting the fol- ber of the reserve components of the armed (1) PROCEDURES.—Not later than 180 days lowing: forces on active duty pursuant to a call or after the date of the enactment of this Act, ‘‘(b)(1) The Secretary of Transportation order to active duty under a provision of law the Secretary of Defense shall, in consulta- may request the Secretary of the Treasury referred to in section 101(a)(13) of title 10 tion with the Secretary of State, prescribe to invest such portion of the insurance fund from receiving from any person that em- procedures to increase the efficiency and under subsection (a) as is not, in the judg- ployed such member before the call or order transparency of the practices used by the De- ment of the Secretary of Transportation, re- to active duty any payment of any part of partment of Defense to review technical as- quired to meet the current needs of the fund. the salary or wages that such person would sistance agreements and related amend- The Secretary of the Treasury may make the have paid the member if the member’s em- ments and munitions license applications re- requested investments. ployment had not been interrupted by such lated to international cooperation on missile ‘‘(2) Investments under paragraph (1) shall call or order to active duty.’’. defense that are referred to the Department. be made in public debt securities of the SEC. 1069. PROTECTION OF ARMED FORCES PER- (2) REPORT.—Not later than 180 days after United States that— SONNEL FROM RETALIATORY AC- the date of the enactment of this Act, the ‘‘(A) mature at times suitable to the needs TIONS FOR COMMUNICATIONS MADE Secretary of Defense, in consultation with of the insurance fund; and THROUGH THE CHAIN OF COMMAND. the Secretary of State, shall submit to the ‘‘(B) bear interest rates determined by the (a) PROTECTED COMMUNICATIONS.—Section Committee on Armed Services and the Com- Secretary of the Treasury, taking into con- 1034(b)(1)(B) of title 10, United States Code, is mittee on Foreign Relations of the Senate sideration current market yields on out- amended— and the Committee on Armed Services and standing marketable obligations of the (1) by striking ‘‘or’’ at the end of clause the Committee on International Relations of United States of comparable maturity. (iii)’’; and the House of Representatives a report—

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.080 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7647 (A) describing actions taken by the Sec- a member of the Armed Forces, a non-profit SEC. 1074. GRANT OF FEDERAL CHARTER TO KO- retary of Defense to coordinate with the Sec- organization, or a community group. REAN WAR VETERANS ASSOCIATION, retary of State the establishment of the ex- (b) COVERED PROTECTIVE, SAFETY, AND INCORPORATED. pedited review process described in sub- HEALTH EQUIPMENT.—(1) Subject to para- (a) GRANT OF CHARTER.—Part B of subtitle section (a)(1); graph (2), protective, safety, and health II of title 36, United States Code, is amend- (B) identifying key defense items related equipment for which reimbursement shall be ed— to missile defense that are suitable for com- made under subsection (a) shall include per- (1) by striking the following: prehensive licensing procedures; and sonal body armor, collective armor or pro- ‘‘CHAPTER 1201—[RESERVED]’’; and (C) describing the procedures prescribed tective equipment (including armor or pro- (2) by inserting the following: pursuant to paragraph (1). tective equipment for high mobility multi- ‘‘CHAPTER 1201—KOREAN WAR VETERANS (c) DEFINITION OF DEFENSE ITEMS.—In this purpose wheeled vehicles), and items pro- ASSOCIATION, INCORPORATED section, the term ‘‘defense items’’ has the vided through the Rapid Fielding Initiative meaning given that term in section of the Army such as the advanced (on-the- ‘‘Sec. 38(j)(4)(A) of the Arms Export Control Act (22 move) hydration system, the advanced com- ‘‘120101. Organization. U.S.C. 2778(j)(4)(A)). bat helmet, the close combat optics system, ‘‘120102. Purposes. SEC. 1071. POLICY ON NONPROLIFERATION OF a Global Positioning System (GPS) receiver, ‘‘120103. Membership. BALLISTIC MISSILES. and a soldier intercommunication device. ‘‘120104. Governing body. (a) POLICY.—It is the policy of the United (2) Non-military equipment may be treated ‘‘120105. Powers. States to develop, support, and strengthen as protective, safety, and health equipment ‘‘120106. Restrictions. international accords and other cooperative for purposes of paragraph (1) only if such ‘‘120107. Duty to maintain corporate and tax- efforts to curtail the proliferation of bal- equipment provides protection, safety, or exempt status. listic missiles and related technologies health benefits, as the case may be, such as ‘‘120108. Records and inspection. which could threaten the territory of the would be provided by equipment meeting ‘‘120109. Service of process. United States, allies and friends of the military specifications. ‘‘120110. Liability for acts of officers and United States, and deployed members of the (c) LIMITATIONS REGARDING DATE OF PUR- agents. Armed Forces of the United States with CHASE OF EQUIPMENT.—(1) In the case of ‘‘120111. Annual report. weapons of mass destruction. armor or protective equipment for high mo- ‘‘§ 120101. Organization (b) SENSE OF CONGRESS.—(1) Congress bility multi-purpose wheeled vehicles ‘‘(a) FEDERAL CHARTER.—Korean War Vet- makes the following findings: (known as HUMVEEs), reimbursement shall erans Association, Incorporated (in this (A) Certain countries are seeking to ac- be made under subsection (a) only for armor chapter, the ‘corporation’), incorporated in quire ballistic missiles and related tech- or equipment purchased during the period the State of New York, is a federally char- nologies that could be used to attack the beginning on September 11, 2001, and ending tered corporation. United States or place at risk United States on July 31, 2004 or any date thereafter as de- ‘‘(b) EXPIRATION OF CHARTER.—If the cor- interests, forward-deployed members of the termined by the Secretary of Defense. poration does not comply with the provisions Armed Forces, and allies and friends of the (2) In the case of any other protective, of this chapter, the charter granted by sub- United States. safety, and health equipment, reimburse- section (a) expires. (B) Certain countries continue to actively ment shall be made under subsection (a) only ‘‘§ 120102. Purposes transfer or sell ballistic missile technologies for equipment purchased during the period in contravention of standards of behavior es- beginning on September 11, 2001, and ending ‘‘The purposes of the corporation are as tablished by the United States and allies and on December 31, 2003 or any date thereafter provided in its articles of incorporation and friends of the United States. as determined by the Secretary of Defense. include— (C) The spread of ballistic missiles and re- (d) LIMITATION REGARDING AMOUNT OF RE- ‘‘(1) organizing, promoting, and maintain- lated technologies worldwide has been IMBURSEMENT.—The aggregate amount of re- ing for benevolent and charitable purposes slowed by a combination of national and imbursement provided under subsection (a) an association of persons who have seen hon- international export controls, forward-look- for any protective, safety, and health equip- orable service in the Armed Forces during ing diplomacy, and multilateral interdiction ment purchased by or on behalf of any given the Korean War, and of certain other per- activities to restrict the development and member of the Armed Forces may not exceed sons; transfer of such weapons and technologies. the lesser of— ‘‘(2) providing a means of contact and com- (2) It is the sense of Congress that— (1) the cost of such equipment (including munication among members of the corpora- (A) the United States should vigorously shipping cost); or tion; pursue foreign policy initiatives aimed at (2) $1,100. ‘‘(3) promoting the establishment of, and eliminating, reducing, or retarding the pro- (e) OWNERSHIP OF EQUIPMENT.—The Sec- establishing, war and other memorials com- liferation of ballistic missiles and related retary may provide, in regulations pre- memorative of persons who served in the technologies; and scribed by the Secretary, that the United Armed Forces during the Korean War; and (B) the United States and the international States shall assume title or ownership of any ‘‘(4) aiding needy members of the corpora- community should continue to support and protective, safety, or health equipment for tion, their wives and children, and the wid- strengthen established international accords which reimbursement is provided under sub- ows and children of persons who were mem- and other cooperative efforts, including section (a). bers of the corporation at the time of their United Nations Security Council Resolution (f) FUNDING.—Amounts for reimbursements death. 1540 and the Missile Technology Control Re- under subsection (a) shall be derived from ‘‘§ 120103. Membership any amounts authorized to be appropriated gime, that are designed to eliminate, reduce, ‘‘Eligibility for membership in the cor- by this Act. or retard the proliferation of ballistic mis- poration, and the rights and privileges of siles and related technologies. SEC. 1073. PRESERVATION OF SEARCH AND RES- members of the corporation, are as provided CUE CAPABILITIES OF THE FEDERAL SEC. 1072. REIMBURSEMENT FOR CERTAIN PRO- GOVERNMENT. in the bylaws of the corporation. TECTIVE, SAFETY, OR HEALTH The Secretary of Defense may not reduce ‘‘§ 120104. Governing body EQUIPMENT PURCHASED BY OR FOR MEMBERS OF THE ARMED FORCES or eliminate search and rescue capabilities ‘‘(a) BOARD OF DIRECTORS.—The board of di- FOR DEPLOYMENT IN OPERATIONS at any military installation in the United rectors of the corporation, and the respon- IN IRAQ AND CENTRAL ASIA. States unless the Secretary first certifies to sibilities of the board of directors, are as pro- (a) REIMBURSEMENT REQUIRED.—(1) Subject the Committees on Armed Services of the vided in the articles of incorporation of the to subsections (c) and (d), the Secretary of Senate and the House of Representatives corporation. Defense shall reimburse a member of the that equivalent search and rescue capabili- ‘‘(b) OFFICERS.—The officers of the corpora- Armed Forces, or a person or entity referred ties will be provided, without interruption tion, and the election of the officers of the to in paragraph (2), for the cost (including and consistent with the policies and objec- corporation, are as provided in the articles of shipping cost) of any protective, safety, or tives set forth in the United States National incorporation. health equipment that was purchased by Search and Rescue Plan entered into force ‘‘§ 120105. Powers such member, or such person or entity on be- on January 1, 1999, by— ‘‘The corporation has only the powers pro- half of such member, before or during the de- (1) the Department of Interior, the Depart- vided in its bylaws and articles of incorpora- ployment of such member in Operation Noble ment of Commerce, the Department of tion filed in each State in which it is incor- Eagle, Operation Enduring Freedom, or Op- Homeland Security, the Department of porated. eration Iraqi Freedom for the use of such Transportation, the Federal Communica- member in connection with such operation if tions Commission, or the National Aero- ‘‘§ 120106. Restrictions the unit commander of such member cer- nautics and Space Administration; or ‘‘(a) STOCK AND DIVIDENDS.—The corpora- tifies that such equipment was critical to (2) the Department of Defense, either dition may not issue stock or declare or pay a the protection, safety, or health of such rectly or through a Department of Defense dividend. member. contract with an emergency medical service ‘‘(b) POLITICAL ACTIVITIES.—The corpora- (2) A person or entity referred to in this provider or other private entity to provide tion, or a director or officer of the corpora- paragraph is a family member or relative of such capabilities. tion as such, may not contribute to, support,

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.080 S06PT1 S7648 CONGRESSIONAL RECORD — SENATE July 6, 2004 or participate in any political activity or in Service should, to the extent it is able with- vision offerings and to emulate stateside any manner attempt to influence legislation. in its authority, provide guidance consistent scheduling and programming seen and heard ‘‘(c) LOAN.—The corporation may not make with the goal of promoting and ensuring the in the United States. a loan to a director, officer, or employee of validity of voluntary differential pay ar- (4) It is the policy of American Forces the corporation. rangements, benefits payments, and con- Radio and Television Service to select news ‘‘(d) CLAIM OF GOVERNMENTAL APPROVAL OR tributions to retirement savings plans re- and public affairs programs for airing that AUTHORITY.—The corporation may not claim lated thereto. provide balance and diversity from available congressional approval, or the authority of SEC. 1076. AERIAL FIREFIGHTING EQUIPMENT. nationally recognized program sources, in- the United States, for any of its activities. (a) FINDINGS.—Congress makes the fol- cluding broadcast and cable networks, Head- ‘‘§ 120107. Duty to maintain corporate and lowing findings: quarters, American Forces Radio and Tele- tax-exempt status (1) The National Interagency Fire Center vision Service, the military departments, ‘‘(a) CORPORATE STATUS.—The corporation does not possess an adequate number of air- and other government or public service agen- shall maintain its status as a corporation in- craft for use in aerial firefighting and per- cies. (b) SENSE OF THE SENATE.—It is the sense corporated under the laws of the State of sonnel at the Center rely on military air- of the Senate that the mission statement New York. craft to provide such firefighting services. ‘‘(b) TAX-EXEMPT STATUS.—The corpora- and policies of the American Forces Radio (2) It is in the national security interest of and Television Service appropriately state tion shall maintain its status as an organiza- the United States for the National Inter- tion exempt from taxation under the Inter- the goal of maintaining equal opportunity agency Fire Center to purchase aircraft for balance with respect to political program- nal Revenue Code of 1986 (26 U.S.C. 1 et seq.). use in aerial firefighting so that military ming and that the Secretary of Defense ‘‘§ 120108. Records and inspection aircraft used for aerial firefighting may be should therefore ensure that these policies ‘‘(a) RECORDS.—The corporation shall available for use by the Armed Forces. are fully being implemented by developing keep— (b) AUTHORITY TO PURCHASE AERIAL FIRE- appropriate methods of oversight to ensure ‘‘(1) correct and complete records of ac- FIGHTING EQUIPMENT.—(1) The Secretary of presentation of all sides of important public count; Agriculture is authorized to purchase 10 air- questions with the fairness and balance envi- ‘‘(2) minutes of the proceedings of its mem- craft, as described in paragraph (2), for the sioned by the Department of Defense bers, board of directors, and committees hav- National Interagency Fire Center for use in throughout the American Forces Radio and ing any of the authority of its board of direc- aerial firefighting. Television Service system. tors; and (2) The aircraft referred to in paragraph (1) SEC. 1078. SENSE OF CONGRESS ON AMERICA’S ‘‘(3) at its principal office, a record of the shall be— NATIONAL WORLD WAR I MUSEUM. names and addresses of its members entitled (A) aircraft that are specifically designed (a) FINDINGS.—Congress makes the fol- to vote on matters relating to the corpora- and built for aerial firefighting; lowing findings: tion. (B) certified by the Administrator of the (1) The Liberty Memorial Museum in Kan- ‘‘(b) INSPECTION.—A member entitled to Federal Aviation Administration for use in sas City, Missouri, was built in 1926 in honor vote on matters relating to the corporation, aerial firefighting; and of those individuals who served in World War or an agent or attorney of the member, may (C) manufactured in a manner that is con- I in defense of liberty and the Nation. inspect the records of the corporation for sistent with the recommendations for air- (2) The Liberty Memorial Association, a any proper purpose, at any reasonable time. craft used in aerial firefighting contained nonprofit organization which originally built ‘‘§ 120109. Service of process in— the Liberty Memorial Museum, is respon- ‘‘The corporation shall have a designated (i) the Blue Ribbon Panel Report to the sible for the finances, operations, and collec- agent in the District of Columbia to receive Chief of the Forest Service and the Director tions management of the Liberty Memorial service of process for the corporation. Notice of the Bureau of Land Management dated Museum. to or service on the agent is notice to or December 2002; and (3) The Liberty Memorial Museum is the service on the Corporation. (ii) the Safety Recommendation of the only public museum in the Nation that ex- Chairman of the National Transportation ists for the exclusive purpose of interpreting ‘‘§ 120110. Liability for acts of officers and Safety Board related to aircraft used in aer- the experiences of the United States and its agents ial firefighting dated April 23, 2004. allies in the World War I years (1914–1918), ‘‘The corporation is liable for the acts of (c) AUTHORIZATION OF APPROPRIATIONS.— both on the battlefield and on the home its officers and agents acting within the There is authorized to be appropriated to the front. scope of their authority. Secretary of Agriculture for fiscal year 2005 (4) The Liberty Memorial Museum project ‘‘§ 120111. Annual report such funds as may be necessary to purchase began after the 1918 Armistice through the ‘‘The corporation shall submit an annual the 10 aircraft described in subsection (b). efforts of a large-scale, grass-roots civic and report to Congress on the activities of the SEC. 1077. SENSE OF SENATE ON AMERICAN fundraising effort by the citizens and vet- corporation during the preceding fiscal year. FORCES RADIO AND TELEVISION erans of the Kansas City metropolitan area. The report shall be submitted at the same SERVICE. After the conclusion of a national architec- time as the report of the audit required by (a) FINDINGS.—The Senate makes the fol- tural design competition, ground was broken section 10101 of this title. The report may lowing findings: in 1921, construction began in 1923, and the not be printed as a public document.’’. (1) It is the mission of the American Forces Liberty Memorial Museum was opened to the (b) CLERICAL AMENDMENT.—The table of Radio and Television Service to provide public in 1926. chapters at the beginning of subtitle II of United States military commanders overseas (5) In 1994, the Liberty Memorial Museum title 36, United States Code, is amended by and at sea with a broadcast media resource closed for a massive restoration and expan- striking the item relating to chapter 1201 to effectively communicate Department of sion project. The restored museum reopened and inserting the following new item: Defense, Service-unique, theater, and local to the public on Memorial Day, 2002, during ‘‘1201. Korean War Veterans Associa- command information to personnel under a gala rededication ceremony. tion, Incorporated ...... 120101’’. their commands and to provide United (6) Exhibits prepared for the original mu- SEC. 1075. COORDINATION OF USERRA WITH THE States military members, Department of De- seum buildings presaged the dramatic, un- INTERNAL REVENUE CODE OF 1986. fense civilians, and their families stationed derground expansion of core exhibition gal- (a) FINDINGS.—Congress makes the fol- outside the continental United States and at lery space, with over 30,000 square feet of lowing findings: sea with the same type and quality of Amer- new interpretive and educational exhibits (1) Employers of reservists called up for ac- ican radio and television news, information, currently in development. The new exhibits, tive duty are required to treat them as if sports, and entertainment that would be along with an expanded research library and they are on a leave of absence or furlough available to them if they were in the conti- archives, will more fully utilize the many under the Uniformed Services Employment nental United States. thousands of historical objects, books, maps, and Reemployment Rights Act of 1994 (in (2) Key principles of American Forces posters, photographs, diaries, letters, and this section referred to as ‘‘USERRA’’). Radio and Television Service broadcasting reminiscences of World War I participants (2) USERRA does not require employers to policy, as outlined in Department of Defense that are preserved for posterity in the Lib- pay reservists who are on active duty, but Regulation 5120.20R, are to ensure political erty Memorial Museum’s collections. The many employers pay the reservists the dif- programming characterized by fairness and new core exhibition is scheduled to open on ference between their military stipends and balance and to provide a free flow of political Veterans Day, 2006. their regular salaries. Some employers pro- programming from United States commer- (7) The City of Kansas City, the State of vide this ‘‘differential pay’’ for up to 3 years. cial and public networks without manipula- Missouri, and thousands of private donors (3) For employee convenience, many of tion or censorship of any news content to the and philanthropic foundations have contrib- these employers also allow deductions from men and women of the Armed Forces and uted millions of dollars to build and later to the differential payments for contributions their dependents. restore this national treasure. The Liberty to employer-provided retirement savings (3) The stated policy of the American Memorial Museum continues to receive the plans. Forces Radio and Television Service is to se- strong support of residents from the States (b) SENSE OF THE SENATE.—It is the sense lect programming that represents a cross- of Missouri and Kansas and across the Na- of the Senate that the Internal Revenue section of popular American radio and tele- tion.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.080 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7649 (8) Since the restoration and rededication the Census or other appropriate Federal or (3) by adding at the end the following: of 2002, the Liberty Memorial Museum has State sources; and ‘‘(F) a small business concern owned and attracted thousands of visitors from across ‘‘(ii) the Secretary shall consider as meet- controlled by service–disabled veterans (as the United States and many foreign coun- ing the requirements of this subparagraph, defined in section 8(d)(3) of the Small Busi- tries. unless the Secretary determines, based on a ness Act); and (9) There remains a need to preserve in a preponderance of the evidence, that the as- ‘‘(G) a qualified HUBZone small business museum setting evidence of the honor, cour- surances do not meet the requirements’’. concern (as defined in section 3(p) of the age, patriotism, and sacrifice of those Amer- SEC. 1080. EXTENSION OF SCOPE AND JURISDIC- Small Business Act).’’. icans who offered their services and who TION FOR CURRENT FRAUD OF- SEC. 1084. BROADCAST DECENCY ENFORCEMENT gave their lives in defense of liberty during FENSES. ACT OF 2004. World War I, evidence of the roles of women (a) STATEMENTS OR ENTRIES GENERALLY.— (a) SHORT TITLE.—This section may be and African Americans during World War I, Section 1001 of title 18, United States Code, cited as the ‘‘Broadcast Decency Enforce- and evidence of other relevant subjects. is amended by adding at the end the fol- ment Act of 2004’’. (10) The Liberty Memorial Museum seeks lowing: (b) PURPOSE.—The purpose of this section to educate a diverse group of audiences ‘‘(d) JURISDICTION.—There is is to increase the Federal Communications through its comprehensive collection of his- extraterritorial Federal jurisdiction over an Commission’s (FCC) authority to fine for in- torical materials, emphasizing eyewitness offense under this section. decent broadcasts and prevent further relax- accounts of the participants on the battle- ‘‘(e) PROSECUTION.—A prosecution for an ation of the media ownership rules in order field and the home front and the impact of offense under this section may be brought— to stem the rise of indecent programming. ‘‘(1) in accordance with chapter 211 of this World War I on individuals, then and now. (c) FINDINGS.—The Congress makes the fol- The Liberty Memorial Museum continues to title; or lowing findings: actively acquire and preserve such mate- ‘‘(2) in any district where any act in fur- (1) Since 1996 there has been significant rials. therance of the offense took place.’’. consolidation in the media industry, includ- (b) MAJOR FRAUD AGAINST THE UNITED (11) A great opportunity exists to use the ing: STATES.—Section 1031 of title 18, United invaluable resources of the Liberty Memo- (A) RADIO.—Clear Channel Communica- States Code, is amended by adding at the end rial Museum to teach the ‘‘Lessons of Lib- tions went from owning 43 radio stations the following: erty’’ to the Nation’s schoolchildren through prior to 1996 to over 1,200 as of January 2003; ‘‘(i) JURISDICTION.—There is on-site visits, classroom curriculum develop- Cumulus Broadcasting, Inc. was established extraterritorial Federal jurisdiction over an ment, distance learning, and other edu- in 1997 and owned 266 stations as of December offense under this section. cational initiatives. 2003, making it the second-largest radio own- ‘‘(j) PROSECUTION.—A prosecution for an of- (12) The Liberty Memorial Museum should ership company in the country; and Infinity fense under this section may be brought— always be the Nation’s museum of the na- Broadcasting Corporation went from owning ‘‘(1) in accordance with chapter 211 of this tional experience in the World War I years 43 radio stations prior to 1996 to over 185 sta- title; (1914–1918), where people go to learn about tions as of June 2004; ‘‘(2) in any district where any act in fur- this critical period and where the Nation’s (B) TELEVISION.—Viacom/CBS’s national therance of the offense took place; or history of this monumental struggle will be ownership of television stations increased ‘‘(3) in any district where any party to the preserved so that generations of the 21st cen- from 31.53 percent of United States television contract or provider of goods or services is tury may understand the role played by the households prior to 1996 to 38.9 percent in located.’’. United States in the preservation and ad- 2004; GE/NBC’s national ownership of tele- vancement of democracy, freedom, and lib- SEC. 1081. CONTRACTOR ACCOUNTABILITY. vision stations increased from 24.65 percent erty in the early 20th century. Section 3267(1)(A) of title 18, United States prior to 1996 to 33.56 percent in 2004; News (13) This initiative to recognize and pre- Code, is amended to read as follows: Corp./Fox’s national ownership of television serve the history of the Nation’s sacrifices in ‘‘(A) employed as— stations increased from 22.05 percent prior to World War I will take on added significance ‘‘(i) a civilian employee of— 1996 to 37.7 percent in 2004; as the Nation approaches the centennial ob- ‘‘(I) the Department of Defense (including (C) MEDIA MERGERS.—In 2000, Viacom servance of this event. a nonappropriated fund instrumentality of merged with CBS and UPN; in 2002, GE/NBC (14) It is fitting and proper to refer to the the Department); or merged with Telemundo Communications, Liberty Memorial Museum as ‘‘America’s ‘‘(II) any other Federal agency, or any pro- Inc. and in 2004 with Vivendi Universal En- National World War I Museum’’. visional authority, to the extent such em- tertainment; in 2003 News Corp./Fox acquired (b) SENSE OF CONGRESS.—Congress— ployment relates to supporting the mission a controlling interest in DirecTV; in 2000, (1) recognizes the Liberty Memorial Mu- of the Department of Defense overseas; Time Warner, Inc. merged with America On- seum in Kansas City, Missouri, including the ‘‘(ii) a contractor (including a subcon- line. museum’s future and expanded exhibits, col- tractor at any tier) of— (2) Over the same period that there has lections, library, archives, and educational ‘‘(I) the Department of Defense (including been significant consolidation in the media programs, as ‘‘America’s National World War a nonappropriated fund instrumentality of industry, the number of indecency com- I Museum’’; the Department); or plaints also has increased dramatically. The (2) recognizes that the continuing collec- ‘‘(II) any other Federal agency, or any pro- largest owners of television and radio broad- tion, preservation, and interpretation of the visional authority, to the extent such em- cast holdings have received the greatest historical objects and other historical mate- ployment relates to supporting the mission number of indecency complaints and the rials held by the Liberty Memorial Museum of the Department of Defense overseas; or largest fines, including: enhance the knowledge and understanding of ‘‘(iii) an employee of a contractor (or sub- (A) Over 80 percent of the fines proposed by the Nation’s people of the American and al- contractor at any tier) of— the Federal Communications Commission for lied experience during the World War I years ‘‘(I) the Department of Defense (including indecent broadcasts were against stations (1914–1918), both on the battlefield and on the a nonappropriated fund instrumentality of owned by two of the top three radio compa- home front; the Department); or nies. The top radio company alone accounts (3) commends the ongoing development ‘‘(II) any other Federal agency, or any pro- for over two-thirds of the fines proposed by and visibility of ‘‘Lessons of Liberty’’ edu- visional authority, to the extent such em- the FCC; cational outreach programs for teachers and ployment relates to supporting the mission (B) Two of the largest fines proposed by students throughout the Nation; and of the Department of Defense overseas;’’. the FCC were against two of the top three (4) encourages the need for present genera- SEC. 1082. DEFINITION OF UNITED STATES. radio companies; tions to understand the magnitude of World Section 2340(3) of title 18, United States (C) In 2004, the FCC received over 500,000 War I, how it shaped the Nation, other coun- Code, is amended to read as follows: indecency complaints in response to the tries, and later world events, and how the ‘‘(3) ‘United States’ means the several Superbowl Halftime show aired on CBS and sacrifices made then helped preserve liberty, States of the United States, the District of produced by MTV, both of which are owned democracy, and other founding principles for Columbia, and the commonwealths, terri- by Viacom. This is the largest number of generations to come. tories, and possessions of the United complaints ever received by the FCC for a SEC. 1079. REDUCTION OF BARRIERS FOR HIS- States.’’. single broadcast; PANIC-SERVING INSTITUTIONS IN SEC. 1083. MENTOR-PROTEGE PILOT PROGRAM. (D) The number of indecency complaints DEFENSE CONTRACTS, DEFENSE RE- SEARCH PROGRAMS, AND OTHER MI- Section 831(m)(2) of the National Defense increased from 111 in 2000 to 240,350 in 2003; NORITY-RELATED DEFENSE PRO- Authorization Act for Fiscal Year 1991 (Pub- (3) Media conglomerates do not consider or GRAMS. lic Law 101–510; 10 U.S.C. 2302 note) is amend- reflect local community standards. Section 502(a)(5)(C) of the Higher Edu- ed— (A) The FCC has no record of a television cation Act of 1965 (20 U.S.C. 1101a(a)(5)(C)) is (1) in subparagraph (D), by striking ‘‘or’’ at station owned by one of the big four net- amended by inserting before the period the the end; works (Viacom/CBS, Disney/ABC, News following: ‘‘, which assurances— (2) in subparagraph (E), by striking the pe- Corp./Fox or GE/NBC) pre-empting national ‘‘(i) may employ statistical extrapolation riod at the end and inserting a semicolon; programming for failing to meet community using appropriate data from the Bureau of and standards;

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.080 S06PT1 S7650 CONGRESSIONAL RECORD — SENATE July 6, 2004 (B) FCC records show that non-network believe live or unscripted programming (6) There is empirical evidence that chil- owned stations have often rejected national would contain obscene, indecent, or profane dren exposed to violent video programming network programming found to be indecent material. have an increased fear of becoming a victim and offensive to local community standards; ‘‘(iii) If the violator originated live or of violence, resulting in increased self-pro- (C) A letter from an owned and operated unscripted programming, whether a time tective behaviors and increased mistrust of station manager to a viewer stated that pro- delay blocking mechanism was implemented others. gramming decisions are made by network for the programming. (7) There is a compelling governmental in- headquarters and not the local owned and ‘‘(iv) The size of the viewing or listening terest in limiting the negative influences of operated television station management; audience of the programming. violent video programming on children. (D) The Parents Television Council has ‘‘(v) Whether the obscene incident or pro- (8) There is a compelling governmental in- found that the ‘‘losers’’ of network owner- fane language was within live programming terest in channeling programming with vio- ship ‘‘are the local communities whose not produced by the station licensee or lent content to periods of the day when chil- standards of decency are being ignored;’’ permitee. dren are not likely to comprise a substantial (4) The Senate Commerce Committee has ‘‘(vi) The size of the market. portion of the television audience. found that the current fines do not deter in- ‘‘(vii) Whether the violation occurred dur- (9) A significant amount of violent pro- decent broadcast because they are merely ing a children’s television program (as such gramming that is readily accessible to mi- the cost of doing business for large media term is used in the Children’s Television nors remains unrated specifically for vio- companies. Therefore, in order to prevent Programming Policy referenced in section lence and therefore cannot be blocked solely the continued rise of indecency violations, 73.4050(c) of the Commission’s regulations (47 on the basis of its violent content. the FCC’s authority for indecency fines C.F.R. 73.4050(c)) or during a television pro- (10) Age-based ratings that do not include should be increased and further media con- gram rated TVY, TVY7, TVY7FV, or TVG content rating for violence do not allow par- solidation should be prevented. under the TV Parental Guidelines as such ents to block programming based solely on (d) INCREASE IN PENALTIES FOR OBSCENE, ratings were approved by the Commission in violent content thereby rendering ineffective INDECENT, AND PROFANE BROADCAST.—Sec- implementation of section 551 of the Tele- any technology-based blocking mechanism tion 503(b)(2) of the Communications Act of communications Act of 1996, Video Program- designed to limit violent video program- 1934 (47 U.S.C. 503(b)(2)) is amended.— ming Ratings, Report and Order, CS Docket ming. (1) by redesignating subparagraphs (C) and No. 97-55, 13 F.C.C. Rcd. 8232 (1998)), and, with (11) The most recent study of the television (D) as subparagraphs (D) and (E), respec- respect to a radio broadcast station licensee, ratings system by the Kaiser Family Foun- tively; permittee, or applicant, whether the target dation concludes that 79 percent of violent (2) by inserting after subparagraph (B) the audience was primarily comprised of, or programming is not specifically rated for vi- following new subparagraph: should reasonably have been expected to be olence. ‘‘(C) Notwithstanding subparagraph (A), if primarily comprised of, children.’’ (12) Technology-based solutions, such as the violator is— ‘‘(G) The Commission may double the the V-chip, may be helpful in protecting ‘‘(i)(I) a broadcast station licensee or per- amount of any forfeiture penalty (not to ex- some children, but cannot achieve the committee; or ceed $550,000 for the first violation, $750,000 pelling governmental interest in protecting ‘‘(II) an applicant for any broadcast li- for the second violation, and $1,000,000 for all children from violent programming when cense, permit, certificate, or other instru- the third or any subsequent violation not to parents are only able to block programming ment or authorization issued by the Commis- exceed up to $3,000,000 for all violations in a that has, in fact, been rated for violence. sion; and 24-hour time period notwithstanding section (13) Restricting the hours when violent ‘‘(ii) determined by the Commission under 503(b)(2)(C)) if the Commission determines programming can be shown protects the in- paragraph (1) to have broadcast obscene, in- additional factors are present which are ag- terests of children whose parents are un- decent, or profane language, the amount of gravating in nature, including— available, unable to supervise their chil- any forfeiture penalty determined under this ‘‘(i) whether the material uttered by the dren’s viewing behavior, do not have the ben- subsection shall not exceed $275,000 for each violator was recorded or scripted; efit of technology-based solutions, are un- violation or each day of a continuing viola- ‘‘(ii) whether the violator had a reasonable able to afford the costs of technology-based tion, except that the amount assessed for opportunity to review recorded or scripted solutions, or are unable to determine the any continuing violation shall not exceed a programming or had a reasonable basis to content of those shows that are only subject total of $3,000,000 for any single act or failure believe live or unscripted programming to age-based ratings. to act.’’; and would contain obscene, indecent, or profane (14) After further study, pursuant to a rule- (3) in subparagraph (D), as redesignated by material; making, the Federal Communications Com- paragraph (1), by striking ‘‘subparagraph (A) ‘‘(iii) whether the violator failed to block mission may conclude that content-based or (B)’’ and inserting ‘‘subparagraph (A), (B), live or unscripted programming; ratings and blocking technology do not ef- or (C)’’. ‘‘(iv) whether the size of the viewing or lis- fectively protect children from the harm of (e) NEW BROADCAST MEDIA OWNERSHIP tening audience of the programming was violent video programming. RULES SUSPENDED.— substantially larger than usual, such as a na- (15) If the Federal Communications Com- (1) SUSPENSION.—Subject to the provisions tional or international championship sport- mission reaches the conclusion described in of paragraphs(d)(2), the broadcast media ing event or awards program; and paragraph (14), the channeling of violent ownership rules adopted by the Federal Com- ‘‘(v) whether the violation occured during video programming will be the least restric- munications Commission on June 2, 2003, a children’s television program (as defined in tive means of limiting the exposure of chil- pursuant to its proceeding on broadcast subparagraph (F) (vii)).’’ dren to the harmful influences of violent media ownership rules, Report and Order SEC. 1085. CHILDREN’S PROTECTION FROM VIO- video programming. FCC–03–127, published at 68 FR 46286, August LENT PROGRAMMING ACT. SEC. 1086. ASSESSMENT OF EFFECTIVENESS OF 5, 2003, shall be invalid and without legal ef- (a) SHORT TITLE.—This section may be CURRENT RATING SYSTEM FOR VIO- fect. cited as the ‘‘Children’s Protection from Vio- LENCE AND EFFECTIVENESS OF V- (2) CLARIFICATION.—The provisions of para- lent Programming Act’’. CHIP IN BLOCKING VIOLENT PRO- graph (1) shall not supersede the amend- (b) FINDINGS.—The Congress makes the fol- GRAMMING. lowing findings: ments made by section 629 of the Miscella- (a) REPORT.—The Federal Communications (1) Television influences children’s percep- Commission shall— neous Appropriations and Offsets Act, 2004 tion of the values and behavior that are com- (1) assess the effectiveness of measures to (Public Law 108–199). (f) ADDITIONAL FACTORS IN INDECENCY PEN- mon and acceptable in society. require television broadcasters and multi- ALTIES; EXCEPTION.—Section 503(b)(2) of the (2) Broadcast television, cable television, channel video programming distributors (as Communications Act of 1934 (47 U.S.C. and video programming are— defined in section 602(13) of the Communica- 503(b)(2)), is further amended by adding at (A) uniquely pervasive presences in the tions Act of 1934 (47 U.S.C. 522(13)) to rate the end the following: lives of all American children; and and encode programming that could be ‘‘(F) In the case of a violation in which the (B) readily accessible to all American chil- blocked by parents using the V-chip under- violator is determined by the Commission dren. taken under section 715 of the Communica- under paragraph (1) to have uttered obscene, (3) Violent video programming influences tions Act of 1934 (47 U.S.C. 715) and under indecent, or profane material, the Commis- children, as does indecent programming. subsections (w) and (x) of section 303 of that sion shall take into account, in addition to (4) There is empirical evidence that chil- Act (47 U.S.C. 303(w) and (x)) in accom- the matters described in subparagraph (E), dren exposed to violent video programming plishing the purposes for which they were en- the following factors with respect to the de- at a young age have a higher tendency to enacted; and gree of culpability of the violator: gage in violent and aggressive behavior later (2) report its findings to the Committee on ‘‘(i) Whether the material uttered by the in life than those children not so exposed. Commerce, Science, and Transportation of violator was live or recorded, scripted or (5) There is empirical evidence that chil- the United States Senate and the Committee unscripted. dren exposed to violent video programming on Energy and Commerce of the United ‘‘(ii) Whether the violator had a reasonable have a greater tendency to assume that acts States House of Representatives, within 12 opportunity to review recorded or scripted of violence are acceptable behavior and months after the date of enactment of this programming or had a reasonable basis to therefore to imitate such behavior. Act, and annually thereafter.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.080 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7651

(b) ACTION.—If the Commission finds at means blockable by the feature described in will better prepare them for a career in the any time, as a result of its ongoing assess- section 303(x). intelligence community as a language ana- ment under subsection (a), that the measures ‘‘(2) DISTRIBUTE.—The term ‘distribute’ lysts or intelligence analyst; referred to in subsection (a)(1) are insuffi- means to send, transmit, retransmit, tele- (2) provide each individual selected for par- ciently effective, then the Commission shall cast, broadcast, or cablecast, including by ticipation in the pilot program— complete a rulemaking within 270 days after wire, microwave, or satellite, but it does not (A) financial assistance for the pursuit of the date on which the Commission makes include the transmission, retransmission, or courses at institutions of higher education that finding to prohibit the distribution of receipt of any voice, data, graphics, or video selected by the Director in fields of study violent video programming during the hours telecommunications accessed through an that will qualify such individual for employ- when children are reasonably likely to com- interactive computer service as defined in ment by an element of the intelligence comprise a substantial portion of the audience. section 230(f)(2) of the Communications Act munity as a language analyst or intelligence (c) DEFINITIONS.—Any term used in this of 1934 (47 U.S.C. 230(f)(2)), which is not origi- analyst; and section that is defined in section 715 of the nated or transmitted in the ordinary course (B) educational counseling on the selection Communications Act of 1934 (47 U.S.C. 715), of business by a television broadcast station of courses to be so pursued; and or in regulations under that section, has the or multichannel video programming dis- (3) provide each individual so selected in- same meaning as when used in that section tributor as defined in section 602(13) of that formation on the opportunities available for or in those regulations. Act (47 U.S.C. 522(13)). employment in the intelligence community. SEC. 1087. UNLAWFUL DISTRIBUTION OF VIO- ‘‘(3) VIOLENT VIDEO PROGRAMMING.—The (f) DURATION OF PROGRAM.—(1) The Direc- LENT VIDEO PROGRAMMING THAT tor shall terminate the pilot program not IS NOT SPECIFICALLY RATED FOR term ‘violent video programming’ as defined VIOLENCE AND THEREFORE IS NOT by the Commission may include matter that later than six years after the date of the en- BLOCKABLE. is excessive or gratuitous violence within the actment of this Act. Title VII of the Communications Act of meaning of the 1992 Broadcast Standards for (2) The termination of the pilot program 1934 (47 U.S.C. 701 et seq.) is amended by add- the Depiction of Violence in Television Pro- under paragraph (1) shall not prevent the Di- ing at the end the following: grams, December 1992.’’. rector from continuing to provide assistance, counseling, and information under sub- ‘‘SEC. 715. UNLAWFUL DISTRIBUTION OF VIO- SEC. 1088. SEPARABILITY. section (e) to individuals who are partici- LENT VIDEO PROGRAMMING NOT If any provision of this title, or any provi- pating in the pilot program on the date of SPECIFICALLY BLOCKABLE BY sion of an amendment made by this title, or termination of the pilot program throughout ELECTRONIC MEANS. the application thereof to particular persons the academic year in progress as of that ‘‘(a) UNLAWFUL DISTRIBUTION.—It shall be or circumstances, is found to be unconstitu- unlawful for any person to distribute to the date. tional, the remainder of this title or that public any violent video programming not amendment, or the application thereof to SEC. 1091. ENERGY SAVINGS PERFORMANCE CON- blockable by electronic means specifically TRACTS. other persons or circumstances shall not be on the basis of its violent content during (a) IN GENERAL.—Section 801(c) of the Na- affected. hours when children are reasonably likely to tional Energy Conservation Policy Act (42 comprise a substantial portion of the audi- SEC. 1089. EFFECTIVE DATE. U.S.C. 8287(c)) is amended by striking ‘‘2003’’ ence. The prohibition contained in section 715 of and inserting ‘‘2005’’. ‘‘(b) RULEMAKING PROCEEDING.—The Com- the Communications Act of 1934 (as added by (b) PAYMENT OF COSTS.—Section 802 of the mission shall conduct a rulemaking pro- section 204 of this title) and the regulations National Energy Conservation Policy Act (42 ceeding to implement the provisions of this promulgated thereunder shall take effect 1 U.S.C. 8287a) is amended by inserting ‘‘, section and shall promulgate final regula- year after the regulations are adopted by the water, or wastewater treatment’’ after ‘‘pay- tions pursuant to that proceeding not later Commission. ment of energy’’. than 9 months after the date of enactment of SEC. 1090. PILOT PROGRAM ON CRYPTOLOGIC (c) ENERGY SAVINGS.—Section 804(2) of the the Children’s Protection from Violent Pro- SERVICE TRAINING. National Energy Conservation Policy Act (42 gramming Act. As part of that proceeding, (a) PROGRAM AUTHORIZED.—The Director of U.S.C. 8287c(2)) is amended to read as follows: the Commission— the National Security Agency may carry out ‘‘(2) The term ‘energy savings’ means a re- ‘‘(1) may exempt from the prohibition a pilot program on cryptologic service train- duction in the cost of energy, water, or under subsection (a) programming (including ing for the intelligence community. wastewater treatment, from a base cost es- news programs and sporting events) whose (b) OBJECTIVE OF PROGRAM.—The objective tablished through a methodology set forth in distribution does not conflict with the objec- of the pilot program is to increase the num- the contract, used in an existing federally tive of protecting children from the negative ber of qualified entry-level language ana- owned building or buildings or other feder- influences of violent video programming, as lysts and intelligence analysts available to ally owned facilities as a result of— that objective is reflected in the findings in the National Security Agency and the other ‘‘(A) the lease or purchase of operating section 551(a) of the Telecommunications elements of the intelligence community equipment, improvements, altered operation Act of 1996; through the directed preparation and re- and maintenance, or technical services; ‘‘(2) shall exempt premium and pay-per- cruitment of qualified entry-level language ‘‘(B) the increased efficient use of existing view cable programming and premium and analysts and intelligence analysts who com- energy sources by cogeneration or heat repay-per-view direct-to-home satellite pro- mit to a period of service or a career in the covery, excluding any cogeneration process gramming; and intelligence community. for other than a federally owned building or ‘‘(3) shall define the term ‘hours when chil- (c) PROGRAM SCOPE.—The pilot program buildings or other federally owned facilities; dren are reasonably likely to comprise a sub- shall be national in scope. or stantial portion of the audience’ and the (d) PROGRAM PARTICIPANTS.—(1) Subject to ‘‘(C) the increased efficient use of existing term ‘violent video programming’. the provisions of this subsection, the Direc- water sources in either interior or exterior ‘‘(c) ENFORCEMENT.— tor shall select the participants in the pilot applications.’’. ‘‘(1) FORFEITURE PENALTY.—The forfeiture program from among individuals qualified to (d) ENERGY SAVINGS CONTRACT.—Section penalties established by section 503(b) for participate in the pilot program utilizing 804(3) of the National Energy Conservation violations of section 1464 of title 18, United such procedures as the Director considers ap- Policy Act (42 U.S.C. 8287c(3)) is amended to States Code, shall apply to a violation of this propriate for purposes of the pilot program. read as follows: section, or any regulation promulgated (2) Each individual who receives financial ‘‘(3) The terms ‘energy savings contract’ under it in the same manner as if a violation assistance under the pilot program shall per- and ‘energy savings performance contract’ of this section, or such a regulation, were a form one year of obligated service with the mean a contract that provides for the per- violation of law subject to a forfeiture pen- National Security Agency, or another ele- formance of services for the design, acquisi- alty under that section. ment of the intelligence community ap- tion, installation, testing, and, where appro- ‘‘(2) LICENSE REVOCATION.—If a person re- proved by the Director, for each academic priate, operation, maintenance, and repair, peatedly violates this section or any regula- year for which such individual receives such of an identified energy or water conservation tion promulgated under this section, the financial assistance upon such individual’s measure or series of measures at 1 or more Commission shall, after notice and oppor- completion of post-secondary education. locations. Such contracts shall, with respect tunity for hearing, revoke any license issued (3) Each individual selected to participate to an agency facility that is a public build- to that person under this Act. in the pilot program shall be qualified for a ing (as such term is defined in section 3301 of ‘‘(3) LICENSE RENEWALS.—The Commission security clearance appropriate for the indi- title 40, United States Code), be in compli- shall consider, among the elements in its re- vidual under the pilot program. ance with the prospectus requirements and view of an application for renewal of a li- (4) The total number of participants in the procedures of section 3307 of title 40, United cense under this Act, whether the licensee pilot program at any one time may not ex- States Code.’’. has complied with this section and the regu- ceed 400 individuals. (e) ENERGY OR WATER CONSERVATION MEAS- lations promulgated under this section. (e) PROGRAM MANAGEMENT.—In carrying URE.—Section 804(4) of the National Energy ‘‘(d) DEFINITIONS.—For purposes of this sec- out the pilot program, the Director shall— Conservation Policy Act (42 U.S.C. 8287c(4)) tion— (1) identify individuals interested in work- is amended to read as follows: ‘‘(1) BLOCKABLE BY ELECTRONIC MEANS.— ing in the intelligence community, and com- ‘‘(4) The term ‘energy or water conserva- The term ‘blockable by electronic means’ mitted to taking college-level courses that tion measure’ means—

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.080 S06PT1 S7652 CONGRESSIONAL RECORD — SENATE July 6, 2004 ‘‘(A) an energy conservation measure, as TITLE XI—DEPARTMENT OF DEFENSE (2) An obligation to reimburse the United defined in section 551; or CIVILIAN PERSONNEL POLICY States imposed under paragraph (1) is for all ‘‘(B) a water conservation measure that SEC. 1101. SCIENCE, MATHEMATICS, AND RE- purposes a debt owed to the United States. improves the efficiency of water use, is life- SEARCH FOR TRANSFORMATION (3) The Secretary of Defense may waive, in cycle cost-effective, and involves water con- (SMART) DEFENSE SCHOLARSHIP whole or in part, a refund required under servation, water recycling or reuse, more ef- PILOT PROGRAM. paragraph (1) if the Secretary determines ficient treatment of wastewater or (a) REQUIREMENT FOR PROGRAM.—(1) The that recovery would be against equity and stormwater, improvements in operation or Secretary of Defense shall carry out a pilot good conscience or would be contrary to the maintenance efficiencies, retrofit activities, program to provide financial assistance for best interests of the United States. or other related activities, not at a Federal education in science, mathematics, engineer- (4) A discharge in bankruptcy under title hydroelectric facility.’’. ing, and technology skills and disciplines 11, United States Code, that is entered less that, as determined by the Secretary, are than five years after the termination of an (f) REVIEW.—Not later than 180 days after critical to the national security functions of agreement under this section does not dis- the date of the enactment of this Act, the the Department of Defense and are needed in charge the person signing such agreement Secretary of Energy shall complete a review the Department of Defense workforce. from a debt arising under such agreement or of the Energy Savings Performance Contract (2) The pilot program under this section under this subsection. program to identify statutory, regulatory, shall be carried out for three years beginning (e) RELATIONSHIP TO OTHER PROGRAMS.— and administrative obstacles that prevent on October 1, 2004. The pilot program under this section is in Federal agencies from fully utilizing the pro- (b) SCHOLARSHIPS.—(1) Under the pilot pro- addition to the authorities provided in chap- gram, the Secretary of Defense may award a gram. In addition, this review shall identify ter 111 of title 10, United States Code. The scholarship in accordance with this section Secretary of Defense shall coordinate the all areas for increasing program flexibility to a person who— provision of financial assistance under the and effectiveness, including audit and meas- (A) is a citizen of the United States; authority of this section with the provision urement verification requirements, account- (B) is pursuing an undergraduate or ad- of financial assistance under the authorities ing for energy use in determining savings, vanced degree in a critical skill or discipline provided in such chapter in order to maxi- contracting requirements, including the described in subsection (a) at an institution mize the benefits derived by the Department identification of additional qualified con- of higher education; and of Defense from the exercise of all such au- tractors, and energy efficiency services cov- (C) enters into a service agreement with thorities. the Secretary of Defense as described in sub- ered. The Secretary shall report these find- (f) RECOMMENDATION ON PILOT PROGRAM.— ings to Congress and shall implement identi- section (c). Not later than February 1, 2007, the Sec- (2) The amount of the financial assistance fied administrative and regulatory changes retary of Defense shall submit to the Com- provided under a scholarship awarded to a to increase program flexibility and effective- mittees on Armed Services of the Senate and person under this subsection shall be the ness to the extent that such changes are con- the House of Representatives, the Committee amount determined by the Secretary of De- sistent with statutory authority. on Governmental Affairs of the Senate, and fense as being necessary to pay all edu- the Committee on Government Reform of (g) EXTENSION OF AUTHORITY.—Any energy cational expenses incurred by that person, the House of Representatives a plan for ex- savings performance contract entered into including tuition, fees, cost of books, labora- panding and improving the national defense under section 801 of the National Energy tory expenses, and expenses of room and board. The expenses paid, however, shall be science and engineering workforce edu- Conservation Policy Act (42 U.S.C. 8287) after cational assistance pilot program carried out October 1, 2003, and before the date of enact- limited to those educational expenses normally incurred by students at the institution under this section as appropriate to improve ment of this Act, shall be deemed to have recruitment and retention to meet the re- been entered into pursuant to such section of higher education involved. (c) SERVICE AGREEMENT FOR RECIPIENTS OF quirements of the Department of Defense for 801 as amended by subsection (a) of this sec- ASSISTANCE.—(1) To receive financial assist- its science and engineering workforce on a tion. ance under this section— short-term basis and on a long-term basis. (A) in the case of an employee of the De- (g) CRITICAL HIRING NEED.—Section SEC. 1092. CLARIFICATION OF FISCAL YEAR 2004 3304(a)(3) of title 5, United States Code, is FUNDING LEVEL FOR A NATIONAL partment of Defense, the employee shall INSTITUTE OF STANDARDS AND enter into a written agreement to continue amended by striking subparagraph (B) and TECHNOLOGY ACCOUNT. in the employment of the department for the inserting the following: ‘‘(B)(i) the Office of Personnel Management For the purposes of applying sections 204 period of obligated service determined under paragraph (2); and has determined that there exists a severe and 605 of the Departments of Commerce, shortage of candidates or there is a critical Justice, and State, the Judiciary, and Re- (B) in the case of a person not an employee of the Department of Defense, the person hiring need; or lated Agencies Appropriations Act, 2004 (di- shall enter into a written agreement to ac- ‘‘(ii) the candidate is a participant in the vision B of Public Law 108–199) to matters in cept and continue employment in the De- Science, Mathematics, and Research for title II of such Act under the heading ‘‘NA- partment of Defense for the period of obli- Transformation (SMART) Defense Scholar- TIONAL INSTITUTE OF STANDARDS AND TECH- gated service determined under paragraph ship Pilot Program under section 1101 of the NOLOGY’’ (118 Stat.69), in the account under (2). National Defense Authorization Act for Fis- the heading ‘‘INDUSTRIAL TECHNOLOGY SERV- (2) For the purposes of this subsection, the cal Year 2005.’’. ICES’’, the Secretary of Commerce shall period of obligated service for a recipient of (h) INSTITUTION OF HIGHER EDUCATION DE- make all determinations based on the Indus- a scholarship under this section shall be the FINED.—In this section, the term ‘‘institution trial Technology Services funding level of period determined by the Secretary of De- of higher education’’ has the meaning given $218,782,000 for reprogramming and transfer- fense as being appropriate to obtain ade- such term in section 101 of the Higher Edu- ring of funds for the Manufacturing Exten- quate service in exchange for the financial cation Act of 1965 (21 U.S.C. 1001). sion Partnership program and shall submit assistance provided under the scholarship. In SEC. 1102. FOREIGN LANGUAGE PROFICIENCY PAY. such a reprogramming or transfer, as the no event may the period of service required (a) ELIGIBILITY FOR SERVICE NOT RELATED case may be, to the appropriate committees of a recipient be less than the total period of TO CONTINGENCY OPERATIONS.—Section within 30 days after the date of the enact- pursuit of a degree that is covered by the scholarship. The period of obligated service 1596a(a)(2) of title 10, United States Code, is ment of this Act. is in addition to any other period for which amended by striking ‘‘during a contingency SEC. 1093. REPORT ON OFFSET REQUIREMENTS the recipient is obligated to serve in the civil operation supported by the armed forces’’. UNDER CERTAIN CONTRACTS. service of the United States. (b) EFFECTIVE DATE AND APPLICABILITY.— (3) An agreement entered into under this The amendment by this section shall take ef- Section 8138(b) of the Department of De- subsection by a person pursuing an academic fect on October 1, 2004, and shall apply with fense Appropriations Act, 2004 (Public Law degree shall include any terms and condi- respect to months beginning on or after such 108–87; 117 Stat. 1106; 10 U.S.C. 2532 note) is tions that the Secretary of Defense deter- date. amended by adding at the end the following mines necessary to protect the interests of SEC. 1103. PAY AND PERFORMANCE APPRAISAL new paragraph: the United States or otherwise appropriate PARITY FOR CIVILIAN INTEL- ‘‘(4) The extent to which any foreign coun- for carrying out this section. LIGENCE PERSONNEL. try imposes, whether by law or practice, off- (d) REFUND FOR PERIOD OF UNSERVED OBLI- (a) PAY RATES.—Section 1602(a) of title 10, sets in excess of 100 percent on United States GATED SERVICE.—(1) A person who volun- United States Code, is amended by striking suppliers of goods or services, and the impact tarily terminates service before the end of ‘‘in relation to the rates of pay provided in of such offsets with respect to employment the period of obligated service required subpart D of part III of title 5 for positions in the United States, sales revenue relative under an agreement entered into under sub- subject to that subpart which have cor- to the value of such offsets, technology section (c) shall refund to the United States responding levels of duties and responsibil- transfer of goods that are critical to the na- an amount determined by the Secretary of ities’’ and inserting ‘‘in relation to the rates tional security of the United States, and Defense as being appropriate to obtain ade- of pay provided for comparable positions in global market share of United States compa- quate service in exchange for financial as- the Department of Defense, including Senior nies.’’. sistance. Executive Service positions (as defined in

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.081 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7653 section 3132 of title 5) or other senior level amended by inserting after the item relating diting final resolution of such protests and positions’’. to section 1587 the following new item: final action in such competitions.’’. (b) PERFORMANCE APPRAISAL SYSTEM.—Sec- ‘‘1587a. Employees of nonappropriated fund (B) The chapter analysis at the beginning tion 1606 of such title is amended by adding instrumentalities: senior execu- of such chapter is amended by inserting after at the end the following new subsection: tive pay levels.’’. the item relating to section 3556 the fol- ‘‘(d) PERFORMANCE APPRAISALS.—(1) The SEC. 1106. HEALTH BENEFITS PROGRAM FOR EM- lowing new item: Defense Intelligence Senior Executive Serv- PLOYEES OF NONAPPROPRIATED ‘‘3557. Expedited action in protests for pub- ice shall be subject to a performance ap- FUND INSTRUMENTALITIES. lic-private competitions.’’. praisal system which, as designed and ap- (a) ESTABLISHMENT.—(1) Chapter 81 of title (b) RIGHT TO INTERVENE IN CIVIL ACTION.— plied, is certified by the Secretary of Defense 10, United States Code, as amended by sec- under section 5307 of title 5 as making mean- Section 1491(b) of title 28, United States tion 1105(a), is further amended by inserting Code, is amended by adding at the end the ingful distinctions based on relative per- after section 1587a the following new section: formance. following new paragraph: ‘‘(2) The performance appraisal system ap- ‘‘§ 1587b. Employees of nonappropriated fund ‘‘(5) If a private sector interested party plicable to the Defense Intelligence Senior instrumentalities: health benefits program commences an action described in paragraph Executive Service under paragraph (1) may ‘‘(a) PROGRAM REQUIRED.—The Secretary of (1) in the case of a public-private competi- be the same performance appraisal system Defense shall provide a uniform health bene- tion conducted under Office of Management that is established and implemented within fits program for employees of the Depart- and Budget Circular A–76 regarding perform- the Department of Defense for members of ment of Defense assigned to a non- ance of an activity or function of a Federal the Senior Executive Service.’’. appropriated fund instrumentality of the agency, then an official or person described in section 3551(2)(B) of title 31 shall be enti- SEC. 1104. ACCUMULATION OF ANNUAL LEAVE BY United States. INTELLIGENCE SENIOR LEVEL EM- ‘‘(b) EXEMPTION FROM STATE AND LOCAL tled to intervene in that action.’’. PLOYEES. LAWS, TAXES, AND OTHER REQUIREMENTS.— (c) APPLICABILITY.—Subparagraph (B) of Section 6304(f)(1) of title 5, United States The exemption in section 8909(f) of title 5 section 3551(2) of title 31, United States Code Code, is amended— shall apply to the program under subsection (as added by subsection (a)), and paragraph (1) in the matter preceding subparagraph (a) and to a carrier, underwriting contractor, (5) of section 1491(b) of title 28, United States (A), by striking ‘‘in a position’’; and plan administration contractor under Code (as added by subsection (b)), shall apply (2) in subparagraphs (A), (B), (C), (D), and such program in the same manner and to the to— (E), by inserting ‘‘a position in’’ before same extent as such exemption applies under (1) protests and civil actions that challenge ‘‘the’’; section 8909(f) of such title to an approved final selections of sources of performance of (3) by striking ‘‘or’’ at the end of subpara- health benefits plan under chapter 89 of such an activity or function of a Federal agency graph (D); title and a carrier, underwriting subcon- that are made pursuant to studies initiated (4) by striking the period at the end of sub- tractor, and plan administration subcon- under Office of Management and Budget Cir- paragraph (E) and inserting ‘‘; or’’; and tractor, respectively, of such a plan.’’. cular A–76 on or after January 1, 2004; and (5) by adding at the end the following new (2) The table of sections at the beginning of (2) any other protests and civil actions subparagraph: such chapter, as amended by section 1105(b), that relate to public-private competitions ‘‘(F) a position designated as an Intel- is further amended by inserting after the initiated under Office of Management and ligence Senior Level position under section item relating to section 1587a the following Budget Circular A–76 on or after the date of 1607(a) of title 10.’’. new item: the enactment of this Act. SEC. 1105. PAY PARITY FOR SENIOR EXECUTIVES ‘‘1587b. Employees of nonappropriated fund SEC. 1108. REPORT ON HOW TO RECRUIT AND RE- IN DEFENSE NONAPPROPRIATED instrumentalities: health bene- TAIN INDIVIDUALS WITH FOREIGN LANGUAGE SKILLS. FUND INSTRUMENTALITIES. fits program.’’. (a) AUTHORITY.—Chapter 81 of title 10, (a) FINDINGS.—Congress makes the fol- United States Code, is amended by inserting (b) REPEAL OF SUPERSEDED LAW.—Section lowing findings: after section 1587 the following new section: 349 of the National Defense Authorization (1) The Federal Government has a require- Act for Fiscal Year 1995 (Public Law 103–337; ment to ensure that the employees of its de- ‘‘§ 1587a. Employees of nonappropriated fund 108 Stat. 2727; 10 U.S.C. 1587 note) is repealed. instrumentalities: senior executive pay lev- partments and agencies with national secu- els SEC. 1107. BID PROTESTS BY FEDERAL EMPLOY- rity responsibilities are prepared to meet the EES IN ACTIONS UNDER OFFICE OF challenges of this evolving international en- ‘‘(a) AUTHORITY.—To achieve the objective MANAGEMENT AND BUDGET CIR- vironment. stated in subsection (b), the Secretary of De- CULAR A–76. (2) According to a 2002 General Accounting fense may regulate the amount of total com- (a) ELIGIBILITY TO PROTEST.—(1) Section Office report, Federal agencies have short- pensation that is provided for senior execu- 3551(2) of title 31, United States Code, is ages in translators and interpreters and an tives of nonappropriated fund instrumental- amended to read as follows: overall shortfall in the language proficiency ities who, for the fixing of pay by adminis- ‘‘(2) The term ‘interested party’— levels needed to carry out their missions trative action, are under the jurisdiction of ‘‘(A) with respect to a contract or a solici- which has adversely affected agency oper- the Secretary of Defense or the Secretary of tation or other request for offers described in ations and hindered United States military, a military department. paragraph (1), means an actual or prospec- law enforcement, intelligence, ‘‘(b) PAY PARITY.—The objective of an active bidder or offeror whose direct economic tion taken with respect to the compensation counterterrorism, and diplomatic efforts. interest would be affected by the award of (3) Foreign language skills and area exper- of a senior executive under subsection (a) is the contract or by failure to award the con- to provide for parity between the total com- tise are integral to, or directly support, tract; and every foreign intelligence discipline and are pensation provided for such senior executive ‘‘(B) with respect to a public-private com- and total compensation that is provided for essential factors in national security readi- petition conducted under Office of Manage- ness, information superiority, and coalition Department of Defense employees in Senior ment and Budget Circular A–76 regarding Executive Service positions or other senior peacekeeping or warfighting missions. performance of an activity or function of a (4) Communicating in languages other than executive positions. Federal agency, includes— ‘‘(c) STANDARDS OF COMPARABILITY.—Sub- English and understanding and accepting ‘‘(i) any official who submitted the agency cultural and societal differences are vital to ject to subsection (d), the Secretary of De- tender in such competition; and fense shall prescribe the standards of com- the success of peacetime and wartime mili- ‘‘(ii) any one person who, for the purpose of tary and intelligence activities. parison that are to apply in the making of representing them in a protest under this the determinations necessary to achieve the (5) Proficiency levels required for foreign subchapter that relates to such competition, language support to national security func- objective stated in subsection (b). has been designated as their agent by a ma- ‘‘(d) ESTABLISHMENT OF PAY RATES.—The tions have been raised, and what was once jority of the employees of such Federal agen- considered proficiency is no longer the case. Secretary of Defense shall apply subsections cy who are engaged in the performance of (a) and (b) of section 5382 of title 5 in the reg- The ability to comprehend and articulate such activity or function.’’. technical and complex information in for- ulation of compensation under this section. (2)(A) Subchapter V of chapter 35 of such eign languages has become critical. ‘‘(e) RELATIONSHIP TO PAY LIMITATION.— title is amended by adding at the end the fol- (6) According to the Joint Intelligence The Secretary of Defense may exercise the lowing new section: authority provided in subsection (a) without Committee Inquiry into the 9/11 Terrorist regard to section 5373 of title 5. ‘‘§ 3557. Expedited action in protests for pub- Attacks, the Intelligence Community had in- ‘‘(f) DEFINITIONS.—In this section: lic-private competitions sufficient linguists prior to September 11, ‘‘(1) The term ‘compensation’ includes rate ‘‘For protests in cases of public-private 2001, to handle the challenge it faced in of basic pay. competitions conducted under Office of Man- translating the volumes of foreign language ‘‘(2) The term ‘Senior Executive Service agement and Budget Circular A–76 regarding counterterrorism intelligence it collected. position’ has the meaning given such term in performance of an activity or function of Agencies within the Intelligence Community section 3132 of title 5.’’. Federal agencies, the Comptroller General experienced backlogs in material awaiting (b) CLERICAL AMENDMENT.—The table of shall administer the provisions of this sub- translation, a shortage of language special- sections at the beginning of such chapter is chapter in a manner best suited for expe- ists and language-qualified field officers, and

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.081 S06PT1 S7654 CONGRESSIONAL RECORD — SENATE July 6, 2004 a readiness level of only 30 percent in the SEC. 1110. NONREDUCTION IN PAY WHILE FED- ‘‘(1) the terms ‘employee’, ‘Federal Govern- most critical terrorism-related languages ERAL EMPLOYEE IS PERFORMING ment’, and ‘uniformed services’ have the that are used by terrorists. ACTIVE SERVICE IN THE UNI- same respective meanings as given them in (7) Because of this shortage, the Federal FORMED SERVICES OR NATIONAL section 4303 of title 38; GUARD. Government has had to enter into private ‘‘(2) the term ‘employing agency’, as used (a) SHORT TITLE.—This section may be with respect to an employee entitled to any contracts to procure linguist and translator cited as the ‘‘Reservists Pay Security Act of payments under this section, means the services, including in some positions that 2004’’. agency or other entity of the Government would be more appropriately filled by perma- (b) IN GENERAL.—Subchapter IV of chapter (including an agency referred to in section nent Federal employees or members of the 55 of title 5, United States Code, is amended 2302(a)(2)(C)(ii)) with respect to which such United States Armed Forces. by adding at the end the following: employee has reemployment rights under (b) REPORT.—In its fiscal year 2006 budget ‘‘§ 5538. Nonreduction in pay while serving in chapter 43 of title 38; and request, the Secretary of Defense shall sub- the uniformed services or National Guard ‘‘(3) the term ‘basic pay’ includes any mit to the Committees on Armed Services of ‘‘(a) An employee who is absent from a po- amount payable under section 5304.’’. the Senate and the House of Representatives sition of employment with the Federal Gov- (c) CLERICAL AMENDMENT.—The table of and the Select Committee on Intelligence of ernment in order to perform active duty in sections for chapter 55 of title 5, United the Senate and the Permanent Select Com- the uniformed services pursuant to a call or States Code, is amended by inserting after mittee on Intelligence of the House of Rep- order to active duty under a provision of law the item relating to section 5537 the following: resentatives, a plan for expanding and im- referred to in section 101(a)(13)(B) of title 10 shall be entitled, while serving on active proving the national security foreign lan- ‘‘5538. Nonreduction in pay while serving in duty, to receive, for each pay period de- the uniformed services or Na- guage workforce of the Department of De- scribed in subsection (b), an amount equal to tional Guard.’’. fense as appropriate to improve recruitment the amount by which— (d) EFFECTIVE DATE.— and retention to meet the requirements of ‘‘(1) the amount of basic pay which would (1) IN GENERAL.—The amendments made by the Department for its foreign language otherwise have been payable to such em- this section shall apply with respect to pay workforce on a short-term basis and on a ployee for such pay period if such employee’s periods (as described in section 5538(b) of long-term basis. civilian employment with the Government title 5, United States Code, as amended by had not been interrupted by that service, ex- this section) beginning on or after the date SEC. 1109. PLAN ON IMPLEMENTATION AND UTI- ceeds (if at all) of enactment of this Act. LIZATION OF FLEXIBLE PERSONNEL ‘‘(2) the amount of pay and allowances MANAGEMENT AUTHORITIES IN DE- (2) CONDITIONAL RETROACTIVE APPLICA- PARTMENT OF DEFENSE LABORA- which (as determined under subsection (d))— TION.— TORIES. ‘‘(A) is payable to such employee for that (A) IN GENERAL.—The amendments made service; and by this section shall apply with respect to (a) PLAN REQUIRED.—The Under Secretary ‘‘(B) is allocable to such pay period. pay periods (as described in section 5538(b) of of Defense for Acquisition, Technology, and ‘‘(b)(1) Amounts under this section shall be title 5, United States Code, as amended by Logistics and the Under Secretary of Defense payable with respect to each pay period this section) beginning on or after October for Personnel and Readiness shall jointly de- (which would otherwise apply if the employ- 11, 2002 through the date of enactment of this velop a plan for the effective utilization of ee’s civilian employment had not been inter- Act, subject to the availability of appropria- the personnel management authorities re- rupted)— tions. ferred to in subsection (b) in order to in- ‘‘(A) during which such employee is enti- (B) AUTHORIZATION OF APPROPRIATIONS.— crease the mission responsiveness, effi- tled to reemployment rights under chapter There are authorized to be appropriated 43 of title 38 with respect to the position ciency, and effectiveness of Department of $100,000,000 for purposes of subparagraph (A). from which such employee is absent (as re- Defense laboratories. TITLE XII—COOPERATIVE THREAT RE- ferred to in subsection (a)); and DUCTION WITH STATES OF THE (b) COVERED AUTHORITIES.—The personnel ‘‘(B) for which such employee does not oth- FORMER SOVIET UNION management authorities referred to in this erwise receive basic pay (including by taking any annual, military, or other paid leave) to SEC. 1201. SPECIFICATION OF COOPERATIVE subsection are the personnel management THREAT REDUCTION PROGRAMS authorities granted to the Secretary of De- which such employee is entitled by virtue of AND FUNDS. fense by the provisions of law as follows: such employee’s civilian employment with (a) SPECIFICATION OF CTR PROGRAMS.—For (1) Section 342(b) of the National Defense the Government. purposes of section 301 and other provisions ‘‘(2) For purposes of this section, the period Authorization Act for Fiscal Year 1995 (Pub- of this Act, Cooperative Threat Reduction during which an employee is entitled to re- lic Law 103–337; 108 Stat. 2721), as amended by programs are the programs specified in sec- employment rights under chapter 43 of title section 1114 of the Floyd D. Spence National tion 1501(b) of the National Defense Author- 38— Defense Authorization Act for Fiscal Year ization Act for Fiscal Year 1997 (Public Law ‘‘(A) shall be determined disregarding the 2001 (as enacted into law by Public Law 106– 104–201; 110 Stat. 2731; 50 U.S.C. 2362 note). provisions of section 4312(d) of title 38; and 398 (114 Stat. 1654A–315)). (b) FISCAL YEAR 2005 COOPERATIVE THREAT ‘‘(B) shall include any period of time speci- (2) Section 1101 of the Strom Thurmond REDUCTION FUNDS DEFINED.—As used in this fied in section 4312(e) of title 38 within which National Defense Authorization Act for Fis- title, the term ‘‘fiscal year 2005 Cooperative an employee may report or apply for employ- Threat Reduction funds’’ means the funds cal Year 1999 (Public Law 105–261; 5 U.S.C. ment or reemployment following completion appropriated pursuant to the authorization 3104 note). of service on active duty to which called or of appropriations in section 301 for Coopera- (3) Such other provisions of law as the ordered as described in subsection (a). tive Threat Reduction programs. Under Secretaries jointly consider appro- ‘‘(c) Any amount payable under this sec- (c) AVAILABILITY OF FUNDS.—Funds appropriate for purposes of this section. tion to an employee shall be paid— priated pursuant to the authorization of ap- (c) PLAN ELEMENTS.—The plan under sub- ‘‘(1) by such employee’s employing agency; propriations in section 301 for Cooperative section (a) shall— ‘‘(2) from the appropriation or fund which Threat Reduction programs shall be avail- (1) include such elements as the Under Sec- would be used to pay the employee if such able for obligation for three fiscal years. retaries jointly consider appropriate to pro- employee were in a pay status; and SEC. 1202. FUNDING ALLOCATIONS. vide for the effective utilization of the per- ‘‘(3) to the extent practicable, at the same (a) FUNDING FOR SPECIFIC PURPOSES.—Of sonnel management authorities referred to time and in the same manner as would basic the $409,200,000 authorized to be appropriated in subsection (b) as described in subsection pay if such employee’s civilian employment to the Department of Defense for fiscal year (a), including the recommendations of the had not been interrupted. 2005 in section 301(19) for Cooperative Threat Under Secretaries for such additional au- ‘‘(d) The Office of Personnel Management Reduction programs, the following amounts thorities, including authorities for dem- shall, in consultation with Secretary of De- may be obligated for the purposes specified: onstration programs or projects, as are nec- fense, prescribe any regulations necessary to (1) For strategic offensive arms elimi- essary to achieve the effective utilization of carry out the preceding provisions of this nation in Russia, $58,522,000. such personnel management authorities; and section. (2) For nuclear weapons storage security in (2) include procedures, including a schedule ‘‘(e)(1) The head of each agency referred to Russia, $48,672,000. for review and decisions, on proposals to in section 2302(a)(2)(C)(ii) shall, in consulta- (3) For nuclear weapons transportation se- modify current demonstration programs or tion with the Office, prescribe procedures to curity in Russia, $26,300,000. projects, or to initiate new demonstration ensure that the rights under this section (4) For weapons of mass destruction pro- programs or projects, on flexible personnel apply to the employees of such agency. liferation prevention in the states of the management at Department laboratories ‘‘(2) The Administrator of the Federal former Soviet Union, $40,030,000. Aviation Administration shall, in consulta- (5) For chemical weapons destruction in (d) SUBMITTAL TO CONGRESS.—The Under tion with the Office, prescribe procedures to Russia, $158,400,000. Secretaries shall jointly submit to Congress ensure that the rights under this section (6) For biological weapons proliferation the plan under subsection (a) not later than apply to the employees of that agency. prevention in the former Soviet Union, February 1, 2006. ‘‘(f) For purposes of this section— $54,959,000.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.081 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7655 (7) For defense and military contacts, Congress’’ in the matter preceding paragraph care treatment, including research relating $8,000,000. (1) and inserting ‘‘in the materials and man- to such treatment. (8) For activities designated as Other As- ner specified in subsection (c)’’; and (3) DUTIES.—The duties of the Committee sessments/Administrative Support, (2) by adding at the end the following new are as follows: $14,317,000. subsection: (A) To advise the Secretary of Defense on (b) REPORT ON OBLIGATION OR EXPENDITURE ‘‘(c) INCLUSION IN CERTAIN MATERIALS SUB- the medical readiness and health status of OF FUNDS FOR OTHER PURPOSES.—No fiscal MITTED TO CONGRESS.—The summary re- the members of the active and reserve com- year 2005 Cooperative Threat Reduction quired to be submitted to Congress in a fiscal ponents of the Armed Forces. funds may be obligated or expended for a year under subsection (a) shall be set forth (B) To advise the Secretary of Defense on purpose other than a purpose listed in para- by project category, and by amounts speci- the compliance of the Armed Forces with the graphs (1) through (8) of subsection (a) until fied in paragraphs (1) and (2) of that sub- medical readiness tracking and health sur- 30 days after the date that the Secretary of section in connection with such project cat- veillance policies of the Department of De- Defense submits to Congress a report on the egory, in each of the following: fense. purpose for which the funds will be obligated ‘‘(1) The annual report on activities and as- (C) To oversee the development and imple- or expended and the amount of funds to be sistance under Cooperative Threat Reduction mentation of the comprehensive plan re- obligated or expended. Nothing in the pre- programs required in such fiscal year under quired by subsection (a) and the actions re- ceding sentence shall be construed as author- section 1308 of the Floyd D. Spence National quired by this title and the amendments izing the obligation or expenditure of fiscal Defense Authorization Act for Fiscal Year made by this title, including with respect to year 2005 Cooperative Threat Reduction 2001 (as enacted into law by Public Law 106– matters relating to— funds for a purpose for which the obligation 398). (i) the health status of the members of the or expenditure of such funds is specifically ‘‘(2) The budget justification materials reserve components of the Armed Forces; prohibited under this title or any other pro- submitted to Congress in support of the De- (ii) accountability for medical readiness; vision of law. partment of Defense budget for the fiscal (iii) medical tracking and health surveil- (c) LIMITED AUTHORITY TO VARY INDIVIDUAL year succeeding such fiscal year (as sub- lance; AMOUNTS.—(1) Subject to paragraphs (2) and mitted with the budget of the President (iv) declassification of information on en- (3), in any case in which the Secretary of De- under section 1105(a) of title 31, United vironmental hazards; fense determines that it is necessary to do so States Code).’’. (v) postdeployment health care for mem- in the national interest, the Secretary may bers of the Armed Forces; and TITLE XIII—MEDICAL READINESS (vi) compliance with Department of De- obligate amounts appropriated for fiscal TRACKING AND HEALTH SURVEILLANCE year 2005 for a purpose listed in any of the fense and other applicable policies on blood paragraphs in subsection (a) in excess of the SEC. 1301. ANNUAL MEDICAL READINESS PLAN serum repositories. AND JOINT MEDICAL READINESS (D) To ensure unity and integration of ef- specific amount authorized for that purpose. OVERSIGHT COMMITTEE. (2) An obligation of funds for a purpose forts across functional and organizational (a) REQUIREMENT FOR PLAN.—The Sec- lines within the Department of Defense with stated in any of the paragraphs in subsection retary of Defense shall develop a comprehen- (a) in excess of the specific amount author- regard to medical readiness tracking and sive plan to improve medical readiness, and health status surveillance of members of the ized for such purpose may be made using the Department of Defense tracking of the authority provided in paragraph (1) only Armed Forces. health status, of members of the Armed (E) To establish and monitor compliance after— Forces throughout their service in the (A) the Secretary submits to Congress no- with the medical readiness standards that Armed Forces, and to strengthen medical are applicable to members and those that are tification of the intent to do so together readiness and tracking before, during, and with a complete discussion of the justifica- applicable to units. after deployment of the personnel overseas. (F) To improve continuity of care in co- tion for doing so; and The matters covered by the comprehensive (B) 15 days have elapsed following the date ordination with the Secretary of Veterans plan shall include all elements that are de- Affairs, for members of the Armed Forces of the notification. scribed in this title and the amendments (3) The Secretary may not, under the au- separating from active service with service- made by this title and shall comply with re- thority provided in paragraph (1), obligate connected medical conditions. quirements in law. amounts for a purpose stated in any of para- (G) To prepare and submit to the Secretary (b) JOINT MEDICAL READINESS OVERSIGHT graphs (5) through (8) of subsection (a) in ex- of Defense and to the Committees on Armed COMMITTEE.— cess of 125 percent of the specific amount au- Services of the Senate and the House of Rep- (1) ESTABLISHMENT.—The Secretary of De- thorized for such purpose. resentatives, not later than February 1 of fense shall establish a Joint Medical Readi- each year, a report on— SEC. 1203. MODIFICATION AND WAIVER OF LIMI- ness Oversight Committee. (i) the health status and medical readiness TATION ON USE OF FUNDS FOR (2) COMPOSITION.—The members of the CHEMICAL WEAPONS DESTRUCTION of the members of the Armed Forces, includ- FACILITIES IN RUSSIA. Committee are as follows: ing the members of reserve components, (a) MODIFICATION OF LIMITATION.—Section (A) The Under Secretary of Defense for based on the comprehensive plan required 1305 of the National Defense Authorization Personnel and Readiness, who shall chair the under subsection (a) and the actions required Act for Fiscal Year 2000 (22 U.S.C. 5952 note) Committee. by this title and the amendments made by is amended by striking ‘‘or expended’’. (B) The Assistant Secretary of Defense for this title; and (b) WAIVER AUTHORITY.—The conditions de- Health Affairs. (ii) compliance with Department of De- scribed in section 1305 of the National De- (C) The Assistant Secretary of Defense for fense policies on medical readiness tracking fense Authorization Act for Fiscal Year 2000, Reserve Affairs. and health surveillance. as amended by subsection (a), shall not apply (D) The Surgeons General of the Armed (4) FIRST MEETING.—The first meeting of to the obligation of funds during a fiscal Forces. the Committee shall be held not later than year for the planning, design, or construc- (E) The Assistant Secretary of the Army 90 days after the date of the enactment of tion of a chemical weapons destruction facil- for Manpower and Reserve Affairs. this Act. ity in Russia if the President submits to (F) The Assistant Secretary of the Navy SEC. 1302. MEDICAL READINESS OF RESERVES. Congress a written certification with respect for Manpower and Reserve Affairs. (a) COMPTROLLER GENERAL STUDY OF to such fiscal year that includes— (G) The Assistant Secretary of the Air HEALTH OF RESERVES ORDERED TO ACTIVE (1) a statement as to why the waiver of the Force for Manpower, Reserve Affairs, Instal- DUTY FOR OPERATIONS ENDURING FREEDOM conditions during the fiscal year covered by lations, and Environment. AND IRAQI FREEDOM.— such certification is consistent with the na- (H) The Chief of the National Guard Bu- (1) REQUIREMENT FOR STUDY.—The Comp- tional security interests of the United reau. troller General of the United States shall States; and (I) The Chief of Army Reserve. carry out a study of the health of the mem- (2) a plan to promote a full and accurate (J) The Chief of Naval Reserve. bers of the reserve components of the Armed disclosure by Russia regarding the size, con- (K) The Chief of Air Force Reserve. Forces who have been called or ordered to tent, status, and location of its chemical (L) The Commander, Marine Corps Re- active duty for a period of more than 30 days weapons stockpile. serve. in support of Operation Enduring Freedom (M) The Director of the Defense Manpower and Operation Iraqi Freedom. The Comp- SEC. 1204. INCLUSION OF DESCRIPTIVE SUM- MARIES IN ANNUAL COOPERATIVE Data Center. troller General shall commence the study THREAT REDUCTION REPORTS AND (N) A representative of the Department of not later than 180 days after the date of the BUDGET JUSTIFICATION MATE- Veterans Affairs designated by the Secretary enactment of this Act. RIALS. of Veterans Affairs. (2) PURPOSES.—The purposes of the study Section 1307 of the Strom Thurmond Na- (O) Representatives of veterans and mili- under this subsection are as follows: tional Defense Authorization Act for Fiscal tary health advocacy organizations ap- (A) To review the health status and med- Year 1999 (Public Law 105–261; 112 Stat. 2165; pointed to the Committee by the Secretary ical fitness of the activated Reserves when 22 U.S.C. 5952 note) is amended— of Defense. they were called or ordered to active duty. (1) in subsection (a), by striking ‘‘as part of (P) An individual from civilian life who is (B) To review the effects, if any, on logis- the Secretary’s annual budget request to recognized as an expert on military health tics planning and the deployment schedules

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00127 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.081 S06PT1 S7656 CONGRESSIONAL RECORD — SENATE July 6, 2004 for the operations referred to in paragraph (A) frequent periodic health assessment of ministered under section 1074f of title 10, (1) that resulted from deficiencies in the members (not less frequently than once United States Code, that— health or medical fitness of activated Re- every two years) using the predeployment (1) the blood samples necessary for the serves. assessment procedure required under section predeployment medical examination of a (C) To review compliance of military per- 1074f of title 10, United States Code, as the member of the Armed Forces required under sonnel with Department of Defense policies minimum standard of medical readiness; and subsection (b) of such section be drawn not on medical and physical fitness examina- (B) any other information on the health earlier than 60 days before the date of the de- tions and assessments that are applicable to status of the members that is available to ployment; and the reserve components of the Armed Forces. the commanders. (2) the blood samples necessary for the (3) REPORT.—The Comptroller General (2) REVIEW AND FOLLOWUP CARE.—The regu- postdeployment medical examination of a shall, not later than one year after the date lations under this subsection shall provide member of the Armed Forces required under of the enactment of this Act, submit a report for review of the health assessments under such subsection be drawn not later than 30 on the results of the study under this subparagraph (1) by a medical professional and days after the date on which the deployment section to the Committees on Armed Serv- for any followup care and treatment that is ends. ices of the Senate and the House of Rep- needed for medical or dental readiness. SEC. 1304. MEDICAL CARE AND TRACKING AND resentatives. The report shall include the (3) MODIFICATION OF PREDEPLOYMENT HEALTH SURVEILLANCE IN THE THEATER OF OPERATIONS. following matters: HEALTH ASSESSMENT SURVEY.—In meeting the (A) With respect to the matters reviewed policy under paragraph (1), the Secretary (a) RECORDKEEPING POLICY.—The Secretary under subparagraph (A) of paragraph (2)— shall— of Defense shall prescribe a policy that requires the records of all medical care pro- (i) the percentage of activated Reserves (A) to the extent practicable, modify the vided to a member of the Armed Forces in a who were determined to be medically unfit predeployment health assessment survey to theater of operations to be maintained as for deployment, together with an analysis of bring such survey into conformity with the part of a complete health record for the the reasons why the member was unfit, in- detailed postdeployment health assessment member. cluding medical illnesses or conditions most survey in use as of October 1, 2004; and (b) IN-THEATER MEDICAL TRACKING AND commonly found among the activated Re- (B) ensure the use of the predeployment HEALTH SURVEILLANCE.— serves that were grounds for determinations health assessment survey, as so modified, for (1) REQUIREMENT FOR EVALUATION.—The of medical unfitness for deployment; and predeployment health assessments after that Secretary of Defense shall evaluate the sys- (ii) the percentage of the activated Re- date. tem for the medical tracking and health sur- serves who, before being deployed, needed (c) UNIFORM POLICY ON DEFERRAL OF MED- veillance of members of the Armed Forces in medical care for health conditions identified ICAL TREATMENT PENDING DEPLOYMENT TO theaters of operations and take such actions when called or ordered to active duty, to- THEATERS OF OPERATIONS.— as may be necessary to improve the medical gether with an analysis of the types of care (1) REQUIREMENT FOR POLICY.—The Sec- tracking and health surveillance. that were provided for such conditions and retary of Defense shall prescribe, for uniform (2) REPORT.—Not later than one year after the reasons why such care was necessary. applicability throughout the Armed Forces, the date of the enactment of this Act, the (B) With respect to the matters reviewed a policy on deferral of medical treatment of Secretary of Defense shall submit a report under subparagraph (B) of paragraph (2)— members pending deployment. on the actions taken under paragraph (1) to (i) the delays and other disruptions in de- (2) CONTENT.—The policy prescribed under the Committees on Armed Services of the ployment schedules that resulted from defi- paragraph (1) shall specify the following Senate and the House of Representatives. ciencies in the health status or medical fit- matters: The report shall include the following mat- ness of activated Reserves; and (A) The circumstances under which treat- ters: (ii) an analysis of the extent to which it ment for medical conditions may be deferred (A) An analysis of the strengths and weak- was necessary to merge units or otherwise to be provided within a theater of operations nesses of the medical tracking system ad- alter the composition of units, and the ex- in order to prevent delay or other disruption ministered under section 1074f of title 10, tent to which it was necessary to merge or of a deployment to that theater. United States Code. otherwise alter objectives, in order to com- (B) The circumstances under which med- (B) An analysis of the efficacy of health pensate for limitations on the deployability ical conditions are to be treated before de- surveillance systems as a means of detect- of activated Reserves resulting from defi- ployment to that theater. ing— ciencies in the health status or medical fit- SEC. 1303. BASELINE HEALTH DATA COLLECTION (i) any health problems (including mental ness of activated Reserves. PROGRAM. health conditions) of members of the Armed (C) With respect to the matters reviewed (a) REQUIREMENT FOR PROGRAM.— Forces contemporaneous with the perform- under subparagraph (C) of paragraph (2), an (1) IN GENERAL.—Chapter 55 of title 10, ance of the assessment under the system; assessment of the extent of the compliance United States Code, is amended by inserting and of reserve component personnel with Depart- after section 1092 the following new section: (ii) exposures of the assessed members to ment of Defense policies on routine medical ‘‘§ 1092a. Persons entering the armed forces: environmental hazards that potentially lead and physical fitness examinations that are baseline health data to future health problems. applicable to the reserve components of the ‘‘(a) PROGRAM REQUIRED.—The Secretary of (C) An analysis of the strengths and weak- Armed Forces. Defense shall carry out a program— nesses of such medical tracking and surveil- (D) An analysis of the extent to which the ‘‘(1) to collect baseline health data from all lance systems as a means for supporting fu- medical care, if any, provided to activated persons entering the armed forces; ture research on health issues. Reserves in each theater of operations re- ‘‘(2) to provide for computerized compila- (D) Recommended changes to such medical ferred to in paragraph (1) related to pre- tion and maintenance of the baseline health tracking and health surveillance systems. existing conditions that were not adequately data; and (E) A summary of scientific literature on addressed before the deployment of such per- ‘‘(3) to analyze the data. blood sampling procedures used for detecting sonnel to the theater. ‘‘(b) PURPOSES.—The program under this and identifying exposures to environmental (4) DEFINITIONS.—In this subsection: section shall be designed to achieve the fol- hazards. (A) The term ‘‘activated Reserves’’ means lowing purposes: (F) An assessment of whether there is a the members of the Armed Forces referred to ‘‘(1) To facilitate understanding of how ex- need for changes to regulations and stand- in paragraph (1). posures related to service in the armed ards for drawing blood samples for effective (B) The term ‘‘active duty for a period of forces affect health. tracking and health surveillance of the med- more than 30 days’’ has the meaning given ‘‘(2) To facilitate development of early ical conditions of personnel before deploy- such term in section 101(d) of title 10, United intervention and prevention programs to ment, upon the end of a deployment, and for States Code. protect health and readiness.’’. a followup period of appropriate length. (C) The term ‘‘health condition’’ includes a (2) CLERICAL AMENDMENT.—The table of (c) PLAN TO OBTAIN HEALTH CARE RECORDS mental health condition and a dental condi- sections at the beginning of such chapter is FROM ALLIES.—The Secretary of Defense tion. amended by inserting after the item relating shall develop a plan for obtaining all records (D) The term ‘‘reserve components of the to section 1092 the following new item: of medical treatment provided to members of the Armed Forces by allies of the United Armed Forces’’ means the reserve compo- ‘‘1092a. Persons entering the armed forces: nents listed in section 10101 of title 10, States in Operation Enduring Freedom and baseline health data.’’. Operation Iraqi Freedom. The plan shall United States Code. (3) TIME FOR IMPLEMENTATION.—The Sec- specify the actions that are to be taken to (b) ACCOUNTABILITY FOR INDIVIDUAL AND retary of Defense shall implement the pro- obtain all such records. UNIT MEDICAL READINESS.— gram required under section 1092a of title 10, (d) POLICY ON IN-THEATER PERSONNEL LO- (1) POLICY.—The Secretary of Defense shall United States Code (as added by paragraph CATOR DATA.—Not later than one year after issue a policy to ensure that individual mem- (1)), not later than two years after the date the date of the enactment of this Act, the bers and commanders of reserve component of the enactment of this Act. Secretary of Defense shall prescribe a De- units fulfill their responsibilities for medical (b) INTERIM STANDARDS FOR BLOOD SAM- partment of Defense policy on the collection and dental readiness of members of the units PLING.—The Secretary of Defense shall re- and dissemination of in-theater individual on the basis of— quire under the medical tracking system ad- personnel location data.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.081 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7657 SEC. 1305. DECLASSIFICATION OF INFORMATION that requires the commander of each mili- ‘‘(2) The Secretary of Defense shall act ON EXPOSURES TO ENVIRON- tary installation at which members of the through the Assistant Secretary of Defense MENTAL HAZARDS. Armed Forces are to be processed upon rede- for Health Affairs in carrying out this sub- (a) REQUIREMENT FOR REVIEW.—The Sec- ployment from an overseas deployment— section. retary of Defense shall review and, as deter- (1) to identify and analyze the anticipated ‘‘(b) ANNUAL REPORT ON RECORDING OF mined appropriate, revise the classification health care needs of such members before the HEALTH ASSESSMENT DATA IN MILITARY PER- policies of the Department of Defense with a arrival of such members at that installation; view to facilitating the declassification of SONNEL RECORDS.—The Secretary of Defense and data that is potentially useful for the moni- shall issue each year a report on the compli- (2) to report such needs to the Secretary. toring and assessment of the health of mem- ance by the military departments with appli- (b) HEALTH CARE TO MEET NEEDS.—The bers of the Armed Forces who have been ex- cable policies on the recording of health as- policy under this section shall include proce- sessment data in military personnel records. posed to environmental hazards during de- dures for the commander of each military in- ployments overseas, including the following The report shall include a discussion of the stallation described in subsection (a) to meet data: extent to which immunization status and the anticipated health care needs that are (1) In-theater injury rates. predeployment and postdeployment health identified by the commander in the perform- (2) Data derived from environmental sur- care data is being recorded in such records.’’. ance of duties under the regulations, includ- veillance. (B) The table of sections at the beginning ing the following: (3) Health tracking and surveillance data. of such chapter is amended by inserting after (1) Arrangements for health care provided (b) CONSULTATION WITH COMMANDERS OF the item relating to section 1073a the fol- by the Secretary of Veterans Affairs. THEATER COMBATANT COMMANDS.—The Sec- lowing new item: (2) Procurement of services from local retary shall, to the extent that the Sec- ‘‘1073b. Recurring reports.’’. retary considers appropriate, consult with health care providers. (3) Temporary employment of health care (2) INITIAL REPORT.—The first report under the senior commanders of the in-theater section 1073b(a) of title 10, United States forces of the combatant commands in car- personnel to provide services at such installation. Code (as added by paragraph (1)), shall be rying out the review and revising policies completed not later than 180 days after the under subsection (a). SEC. 1308. FULL IMPLEMENTATION OF MEDICAL READINESS TRACKING AND HEALTH date of the enactment of this Act. SEC. 1306. ENVIRONMENTAL HAZARDS. SURVEILLANCE PROGRAM AND (b) INTERNET ACCESSIBILITY OF HEALTH AS- (a) REPORT ON TRAINING OF FIELD MEDICAL FORCE HEALTH PROTECTION AND SESSMENT INFORMATION FOR MEMBERS OF THE PERSONNEL.— READINESS PROGRAM. ARMED FORCES.—Not later than one year (1) REQUIREMENT FOR REPORT.—Not later (a) IMPLEMENTATION AT ALL LEVELS.—The after the date of the enactment of this Act, than one year after the date of the enact- Secretary of Defense, in conjunction with the Chief Information Officer of each mili- ment of this Act, the Secretary of Defense the Secretaries of the military departments, tary department shall ensure that the online shall submit to the Committees on Armed shall take such actions as are necessary to portal website of that military department Services of the Senate and the House of Rep- ensure that the Army, Navy, Air Force, and includes the following information relating resentatives a report on the training on envi- Marine Corps fully implement at all levels— to health assessments: ronmental hazards that is provided by the (1) the Medical Readiness Tracking and (1) Information on the Department of De- Armed Forces to medical personnel of the Health Surveillance Program under this title fense policies regarding predeployment and Armed Forces who are deployable to the field and the amendments made by this title; and postdeployment health assessments, includ- in direct support of combat personnel. (2) the Force Health Protection and Readi- ing policies on the following matters: (2) CONTENT.—The report under paragraph ness Program of the Department of Defense (A) Health surveys. (1) shall include the following: (relating to the prevention of injury and ill- (B) Physical examinations. (A) An assessment of the adequacy of the ness and the reduction of disease and non- (C) Collection of blood samples and other training regarding— combat injury threats). tissue samples. (i) the identification of common environ- (b) ACTION OFFICIAL.—The Secretary of De- (2) Procedural information on compliance mental hazards and exposures to such haz- fense may act through the Under Secretary with such policies, including the following ards; and of Defense for Personnel and Readiness in information: (ii) the prevention and treatment of ad- carrying out subsection (a). (A) Information for determining whether a verse health effects of such exposures. SEC. 1309. OTHER MATTERS. member is in compliance. (B) A discussion of the actions taken and (a) ANNUAL REPORTS.— (B) Information on how to comply. to be taken to improve such training. (1) REQUIREMENT FOR REPORTS.— (3) Health assessment surveys that are ei- (c) REPORT ON RESPONSES TO HEALTH CON- (A) Chapter 55 of title 10, United States ther— CERNS OF MEMBERS.— Code, is amended by inserting after section (A) web-based; or (1) REQUIREMENT FOR REPORT.—Not later 1073a the following new section: (B) accessible (with instructions) in than 180 days after the date of the enactment printer-ready form by download. of this Act, the Assistant Secretary of De- ‘‘§ 1073b. Recurring reports fense for Health Affairs shall submit to the ‘‘(a) ANNUAL REPORT ON HEALTH PROTEC- SEC. 1310. USE OF CIVILIAN EXPERTS AS CON- Secretary of Defense and the Committees on TION QUALITY.—(1) The Secretary of Defense SULTANTS. Armed Services of the Senate and the House shall submit to the Committees on Armed Nothing in this title or an amendment of Representatives a report on Department Services of the Senate and the House of Rep- made by this title shall be construed to limit of Defense responses to concerns expressed resentatives each year a report on the Force the authority of the Secretary of Defense to by members of the Armed Forces during Health Protection Quality Assurance Pro- procure the services of experts outside the post-deployment health assessments about gram of the Department of Defense. The re- Federal Government for performing any possibilities that the members were exposed port shall include the following matters: function to comply with requirements for to environmental hazards deleterious to the ‘‘(A) The results of an audit of the extent readiness tracking and health surveillance of members’ health during a deployment over- to which the serum samples required to be members of the Armed Forces that are appli- seas. obtained from members of the armed forces cable to the Department of Defense. before and after a deployment are stored in (2) CONTENT.—The report regarding health DIVISION B—MILITARY CONSTRUCTION the serum repository of the Department of concerns submitted under paragraph (1) shall AUTHORIZATIONS include the following: Defense. (A) A discussion of the actions taken by ‘‘(B) The results of an audit of the extent SEC. 2001. SHORT TITLE. Department of Defense officials to inves- to which the health assessments required for This division may be cited as the ‘‘Military tigate the circumstances underlying such members of the armed forces before and after Construction Authorization Act for Fiscal concerns in order to determine the validity a deployment are being maintained in the Year 2005’’. electronic database of the Defense Medical of the concerns. TITLE XXI—ARMY (B) A discussion of the actions taken by Surveillance System. Department of Defense officials to evaluate ‘‘(C) An analysis of the actions taken by SEC. 2101. AUTHORIZED ARMY CONSTRUCTION or treat members and former members of the the Department of Defense personnel to re- AND LAND ACQUISITION PROJECTS. Armed Forces who are confirmed to have spond to health concerns expressed by mem- (a) INSIDE THE UNITED STATES.—Using been exposed to environmental hazards dele- bers of the armed forces upon return from a amounts appropriated pursuant to the au- terious to their health during deployments deployment. thorization of appropriations in section of the Armed Forces. ‘‘(D) An analysis of the actions taken by 2104(a)(1), the Secretary of the Army may ac- SEC. 1307. POST-DEPLOYMENT MEDICAL CARE the Secretary to evaluate or treat members quire real property and carry out military RESPONSIBILITIES OF INSTALLA- and former members of the armed forces who construction projects for the installations TION COMMANDERS. are confirmed to have been exposed to occu- and locations inside the United States, and (a) REQUIREMENT FOR REGULATIONS.—The pational or environmental hazards delete- in the amounts, set forth in the following Secretary of Defense shall prescribe a policy rious to their health during a deployment. table:

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00129 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.082 S06PT1 S7658 CONGRESSIONAL RECORD — SENATE July 6, 2004 Army: Inside the United States

State Installation or location Amount

Alabama ...... Anniston Army Depot ...... $23,690,000 Fort Rucker ...... $16,500,000 Alaska ...... Fort Richardson ...... $24,300,000 Fort Wainwright ...... $92,459,000 Arizona ...... Fort Huachuca ...... $18,000,000 California ...... Fort Irwin ...... $38,100,000 Sierra Army Depot ...... $13,600,000 Colorado ...... Fort Carson ...... $63,158,000 Georgia ...... Fort Benning ...... $71,777,000 Fort Gillem ...... $5,800,000 Fort McPherson ...... $4,900,000 Fort Stewart/Hunter Army Air Field ...... $65,495,000 Hawaii ...... Helemano Military Reservation ...... $75,300,000 Hickam Air Field ...... $11,200,000 Pohakuloa Training Area ...... $40,000,000 Schofield Barracks ...... $162,792,000 Wheeler Army Air Field ...... $24,000,000 Kansas ...... Fort Riley ...... $59,550,000 Kentucky ...... Fort Campbell ...... $92,000,000 Fort Knox ...... $75,750,000 Louisiana ...... Fort Polk ...... $70,953,000 Maryland ...... Aberdeen Proving Ground ...... $13,000,000 Missouri ...... Fort Leonard Wood ...... $28,150,000 New Mexico ...... White Sands Missile Range ...... $33,000,000 New York ...... Fort Drum ...... $7,950,000 Fort Hamilton ...... $7,600,000 Military Entrance Processing Station, Buffalo ...... $6,200,000 United States Military Academy, West Point ...... $60,000,000 North Carolina ...... Fort Bragg ...... $101,687,000 Oklahoma ...... Fort Sill ...... $14,400,000 Pennsylvania ...... Letterkenny Depot ...... $11,400,000 Texas ...... Fort Bliss ...... $20,100,000 Fort Hood ...... $78,088,000 Fort Sam Houston ...... $11,400,000 Virginia ...... Fort A.P. Hill ...... $14,775,000 Fort Myer ...... $49,526,000 Washington ...... Fort Lewis ...... $57,200,000

Total ...... $1,563,800,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(2), the Secretary of the Army may acquire real property and carry out military construction projects for the installations and locations outside the United States, and in the amounts, set forth in the following table:

Army: Outside the United States

Country Installation or location Amount

Germany ...... Grafenwoehr ...... $77,200,000 Italy ...... Livorno ...... $26,000,000 Korea ...... Camp Humphreys ...... $12,000,000

Total ...... $115,200,000

SEC. 2102. FAMILY HOUSING. (a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, for the purposes, and in the amounts set forth in the following table:

Army: Family Housing

State or Country Installation or location Purpose Amount

Alaska ...... Fort Richardson ...... 92 Units ...... $42,000,000 Fort Wainwright ...... 246 Units ...... $124,000,000 Arizona ...... Fort Huachuca ...... 205 Units ...... $41,000,000 Yuma Proving Grounds ...... 55 Units ...... $14,900,000 Kansas ...... Fort Riley ...... 126 Units ...... $33,000,000 New Mexico ...... White Sands Missile Range ...... 156 Units ...... $31,000,000 Oklahoma ...... Fort Sill ...... 247 Units ...... $47,000,000 Virginia ...... Fort Lee ...... 218 Units ...... $46,000,000 Fort Monroe ...... 68 Units ...... $16,000,000

Total ...... $394,900,000

(b) PLANNING AND DESIGN.—Using amounts housing units in an amount not to exceed tions in section 2104(a)(5)(A), the Secretary appropriated pursuant to the authorization $29,209,000. of the Army may improve existing military of appropriations in section 2104(a)(5)(A), the SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY family housing units in an amount not to ex- Secretary of the Army may carry out archi- HOUSING UNITS. ceed $211,990,000. tectural and engineering services and con- Subject to section 2825 of title 10, United struction design activities with respect to States Code, and using amounts appropriated the construction or improvement of family pursuant to the authorization of appropria-

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00130 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.082 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7659 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, (9) For the construction of phase 2 of the (7) $25,500,000 (the balance of the amount ARMY. Lewis and Clark instructional facility, at authorized under section 2101(a) for construc- (a) IN GENERAL.—Funds are hereby author- Fort Leavenworth, Kansas, authorized by tion of a library and learning center at the ized to be appropriated for fiscal years begin- section 2101(a) of the Military Construction United States Military Academy, New York). ning after September 30, 2004, for military Authorization Act for Fiscal Year 2004 (divi- construction, land acquisition, and military SEC. 2105. MODIFICATION OF AUTHORITY TO sion B of Public Law 108–136; 117 Stat. 1697), family housing functions of the Department CARRY OUT CERTAIN FISCAL YEAR $44,000,000. 2004 PROJECTS. of the Army in the total amount of $3,507,891,000, as follows: (10) For the construction of phase 2 of a The table in section 2101(a) of the Military (1) For military construction projects in- barracks complex at Wheeler Sack Army Air Construction Authorization Act for Fiscal side the United States authorized by section Field, Fort Drum, New York, authorized by Year 2004 (division B of Public Law 108–136; 2101(a), $1,534,500,000. section 2101(a) of the Military Construction 117 Stat. 1697) is amended— (2) For military construction projects out- Authorization Act for Fiscal Year 2004 (divi- (1) in the item relating to Fort Stewart, side the United States authorized by section sion B of Public Law 108–136; 117 Stat. 1697), Georgia, by striking ‘‘$113,500,000’’ in the 2101(b), $115,200,000. as amended by section 2105 of this Act, amount column and inserting ‘‘$114,450,000’’; (3) For unspecified minor military con- $48,000,000. (2) in the item relating to Fort Drum, New struction projects authorized by section 2805 (11) For the construction of phase 2 of a York, by striking ‘‘$130,700,000’’ in the of title 10, United States Code, $20,000,000. barracks complex, Bastogne Drive, at Fort amount column and inserting ‘‘$135,700,000’’; (4) For architectural and engineering serv- Bragg, North Carolina, authorized by section and ices and construction design under section 2101(a) of the Military Construction Author- (3) by striking the amount identified as the 2807 of title 10, United States Code, ization Act for Fiscal Year 2004 (division B of total in the amount column and inserting $154,335,000. Public Law 108–136; 117 Stat. 1697), $48,000,000. ‘‘$1,043,150,000’’. (b) LIMITATION ON TOTAL COST OF CON- (5) For military family housing functions: SEC. 2106. MODIFICATION OF AUTHORITY TO (A) For construction and acquisition, plan- STRUCTION PROJECTS.—Notwithstanding the CARRY OUT CERTAIN FISCAL YEAR ning and design, and improvement of mili- cost variations authorized by section 2853 of 2003 PROJECT. tary family housing and facilities, title 10, United States Code, and any other The table in section 2101(a) of the Military $636,099,000. cost variation authorized by law, the total Construction Authorization Act for Fiscal (B) For support of military family housing cost of all projects carried out under section Year 2003 (division B of Public Law 107–314; (including the functions described in section 2101 of this Act may not exceed— 116 Stat. 2681), as amended by section 2833 of title 10, United States Code), (1) the total amount authorized to be ap- 2105(a)(2) of the Military Construction Au- $928,907,000. propriated under paragraphs (1) and (2) of thorization Act for Fiscal Year 2004 (division (6) For the construction of phase 3 of a bar- subsection (a); B of Public Law 108–136; 117 Stat. 1701), is fur- racks complex renewal, Capron Road, (2) $41,000,000 (the balance of the amount ther amended— Schofield Barracks, Hawaii, authorized by authorized under section 2101(a) for an up- (1) in the item relating to Fort Sill, Okla- section 2101(a) of the Military Construction grade to Drum Road at the Helemano Mili- homa, by striking ‘‘$39,652,000’’ in the Authorization Act for Fiscal Year 2003 (divi- tary Reservation, Hawaii); amount column and inserting ‘‘$40,752,000’’; sion B of Public Law 107–314; 116 Stat. 2681), (3) $25,000,000 (the balance of the amount and $48,000,000. authorized under section 2101(a) to construct (2) by striking the amount identified as the (7) For the construction of phase 3 of a a vehicle maintenance facility at Schofield total in the amount column and inserting maintenance complex at Fort Sill, Okla- Barracks, Hawaii); ‘‘$1,157,267,000’’. homa, authorized by section 2101(a) of the (4) $25,000,000 (the balance of the amount Military Construction Authorization Act for authorized under section 2101(a) for construc- TITLE XXII—NAVY Fiscal Year 2003 (division B of Public Law tion of a barracks complex, 42nd Street and SEC. 2201. AUTHORIZED NAVY CONSTRUCTION 107–314; 116 Stat. 2681), as amended by section Indiana Avenue, at Fort Campbell, Ken- AND LAND ACQUISITION PROJECTS. 2106 of this Act, $13,100,000. tucky); (a) INSIDE THE UNITED STATES.—Using (8) For the construction of phase 2 of a bar- (5) $22,000,000 (the balance of the amount amounts appropriated pursuant to the au- racks complex, 5th and 16th Street, at Fort authorized under section 2101(a) for the con- thorization of appropriations in section Stewart/Hunter Army Air Field, Georgia, au- struction of a basic combat training complex 2204(a)(1), the Secretary of the Navy may ac- thorized by section 2101(a) of the Military at Fort Knox, Kentucky); quire real property and carry out military Construction Authorization Act for Fiscal (6) $31,000,000 (the balance of the amount construction projects for the installations Year 2004 (division B of Public Law 108–136; authorized under section 2101(a) for construc- and locations inside the United States, and 117 Stat. 1697), as amended by section 2105 of tion of a barracks complex, Blackjack in the amounts, set forth in the following this Act, $32,950,000. Street, Fort Bragg, North Carolina); and table: Navy: Inside the United States

State Installation or location Amount

Arizona ...... Marine Corps Air Station, Yuma ...... $26,670,000 California ...... Marine Corps Base, Camp Pendleton ...... $38,455,000 Naval Air Facility, El Centro ...... $54,331,000 Recruit Depot, San Diego ...... $8,110,000 Connecticut ...... Naval Submarine Base, New London ...... $50,302,000 District of Columbia ...... Naval Observatory, Washington ...... $3,239,000 Florida ...... Eglin Air Force Base ...... $2,060,000 Naval Station, Mayport ...... $6,200,000 Georgia ...... Strategic Weapons Facility Atlantic, Kings Bay ...... $16,000,000 Illinois ...... Naval Training Station, Great Lakes ...... $74,781,000 Maine ...... Naval Air Station, Brunswick ...... $4,690,000 Portsmouth Naval Station ...... $7,860,000 Maryland ...... Naval Surface Warfare Center, Indian Head ...... $13,900,000 Mississippi ...... Naval Construction Battalion Center, Gulfport ...... $4,350,000 Nevada ...... Naval Air Station, Fallon ...... $4,980,000 North Carolina ...... Marine Corps Air Station, New River ...... $35,140,000 Marine Corps Base, Camp Lejeune ...... $13,420,000 Washington County ...... $136,900,000 Rhode Island ...... Naval Station Newport ...... $9,080,000 South Carolina ...... Naval Weapons Station, Charleston ...... $18,140,000 Virginia ...... Camp Elmore Marine Corps Detachment ...... $13,500,000 Marine Corps Base, Quantico ...... $46,270,000 Naval Air Station, Oceana ...... $2,770,000 Naval Amphibious Base, Little Creek ...... $2,850,000 Naval Station, Norfolk ...... $4,330,000 Naval Weapons Station, Yorktown ...... $9,870,000 Washington ...... Naval Shipyard Puget Sound, Bremerton ...... $20,305,000 Naval Station, Bremerton ...... $74,125,000 Strategic Weapons Facility Pacific, Bangor ...... $131,090,000

Total ...... $833,718,000

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(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the locations outside the United States, and in the amounts, set forth in the following table:

Navy: Outside the United States

Country Installation or location Amount

Diego Garcia ...... Naval Support Facility, Diego Garcia ...... $17,500,000 Guam ...... Naval Station, Guam ...... $33,200,000 Italy ...... Sigonella ...... $22,550,000

Total ...... $73,250,000

(c) UNSPECIFIED WORLDWIDE.—Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(3), the Sec- retary of the Navy may acquire real property and carry out military construction projects for the installations or locations, and in the amount, set forth in the following table:

Navy: Unspecified Worldwide

Location Installation or location Amount

Worldwide Unspecified ...... Unspecified Worldwide ...... $52,658,000

Total ...... $52,658,000

SEC. 2202. FAMILY HOUSING. Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(6)(A), the Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, for the purposes, and in the amounts set forth in the following table:

Navy: Family Housing

State Installation or Location Purpose Amount

North Carolina ...... Marine Corps Air Station, Cherry Point ...... 198 Units ...... $27,002,000

Total ...... $27,002,000

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY (B) For support of military family housing land interests for an outlying landing field in HOUSING UNITS. (including functions described in section 2833 Washington County, North Carolina); Subject to section 2825 of title 10, United of title 10, United States Code), $704,504,000. (4) $95,320,000 (the balance of the amount States Code, and using amounts appropriated (7) For the construction of phase 2 of the authorized under section 2201(a) for construc- pursuant to the authorization of appropria- tertiary sewage treatment plant at Marine tion of a limited area production and storage tions in section 2204(a)(6)(A), the Secretary Corps Base, Camp Pendleton, California, au- complex at the Strategic Weapons Facility of the Navy may improve existing military thorized by section 2201(a) of the Military Pacific, Bangor, Washington); and family housing units in an amount not to ex- Construction Authorization Act for Fiscal (5) $40,000,000 (the balance of the amount ceed $112,105,000. Year 2004 (division B of Public Law 108–136; authorized under section 2201(a) for the con- SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, 117 Stat. 1703), $25,690,000. struction of a bachelor enlisted quarters at NAVY. (8) For the construction of phase 2 of the Naval Station Bremerton, Washington). (a) IN GENERAL.—Funds are hereby author- general purpose berthing pier at Naval Weap- SEC. 2205. MODIFICATION OF AUTHORITY TO ized to be appropriated for fiscal years begin- ons Station, Earle, New Jersey, authorized CARRY OUT CERTAIN FISCAL YEAR ning after September 30, 2004, for military by section 2201(a) of the Military Construc- 2004 PROJECTS. construction, land acquisition, and military tion Authorization Act for Fiscal Year 2004, The table in section 2201(a) of the Military family housing functions of the Department $49,200,000. Construction Authorization Act for Fiscal of the Navy in the total amount of (9) For the construction of phase 2 of pier Year 2004 (division B of Public Law 108–136; $1,843,716,000, as follows: 11 replacement at Naval Station, Norfolk, 117 Stat. 1703) is amended— (1) For military construction projects in- Virginia, authorized by section 2201(a) of the (1) in the item relating to Various Loca- side the United States authorized by section Military Construction Authorization Act for tions, CONUS, by striking ‘‘$56,360,000’’ in 2201(a), $694,338,000. Fiscal Year 2004, $40,000,000. the amount column and inserting (2) For military construction projects out- (b) LIMITATION ON TOTAL COST OF CON- ‘‘$61,510,000’’; and side the United States authorized by section STRUCTION PROJECTS.—Notwithstanding the (2) by striking the amount identified as the 2201(b), $73,250,000. cost variations authorized by section 2853 of total in the amount column and inserting (3) For military construction projects at ‘‘$1,341,022,000’’. unspecified worldwide locations authorized title 10, United States Code, and any other TITLE XXIII—AIR FORCE by section 2201(c), $18,560,000. cost variation authorized by law, the total (4) For unspecified minor military con- cost of all projects carried out under section SEC. 2301. AUTHORIZED AIR FORCE CONSTRUC- struction projects authorized by section 2805 2201 of this Act may not exceed— TION AND LAND ACQUISITION of title 10, United States Code, $12,000,000. (1) the total amount authorized to be ap- PROJECTS. (5) For architectural and engineering serv- propriated under paragraphs (1), (2), and (3) (a) INSIDE THE UNITED STATES.—Using ices and construction design under section of subsection (a); amounts appropriated pursuant to the au- 2807 of title 10, United States Code, (2) $21,000,000 (the balance of the amount thorization of appropriations in section $87,067,000. authorized under section 2201(a) for the re- 2304(1), the Secretary of the Air Force may (6) For military family housing functions: placement of an aircraft parking apron and acquire real property and carry out military (A) For construction and acquisition, plan- hangar at Naval Air Facility El Centro, Cali- construction projects for the installations ning and design, and improvement of mili- fornia); and locations inside the United States, and tary family housing and facilities, (3) $70,000,000 (the balance of the amount in the amounts, set forth in the following $139,107,000. authorized under section 2201(a) to acquire table:

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State Installation or location Amount

Alaska ...... Elmendorf Air Force Base ...... $54,057,000 Arizona ...... Davis-Monthan Air Force Base ...... $10,029,000 Luke Air Force Base ...... $10,000,000 Arkansas ...... Little Rock Air Force Base ...... $5,031,000 California ...... Beale Air Force Base ...... $10,186,000 Edwards Air Force Base ...... $9,965,000 Travis Air Force Base ...... $15,244,000 Colorado ...... Buckley Air Force Base ...... $12,247,000 Delaware ...... Dover Air Force Base ...... $9,500,000 Florida ...... Patrick Air Force Base ...... $8,800,000 Georgia ...... Moody Air Force Base ...... $9,600,000 Robins Air Force Base ...... $15,000,000 Hawaii ...... Hickam Air Force Base ...... $34,400,000 Maui Site ...... $7,500,000 Louisiana ...... Barksdale Air Force Base ...... $13,800,000 Maryland ...... Andrews Air Force Base ...... $17,100,000 Mississippi ...... Columbus Air Force Base ...... $7,700,000 Montana ...... Malmstrom Air Force Base ...... $5,600,000 Nebraska ...... Offut Air Force Base ...... $6,721,000 New Mexico ...... Cannon Air Force Base ...... $9,500,000 North Carolina ...... Pope Air Force Base ...... $15,150,000 North Dakota ...... Minot Air Force Base ...... $9,900,000 Ohio ...... Wright-Patterson Air Force Base ...... $9,200,000 Oklahoma ...... Altus Air Force Base ...... $10,500,000 Tinker Air Force Base ...... $8,000,000 South Carolina ...... Shaw Air Force Base ...... $3,300,000 South Dakota ...... Ellsworth Air Force Base ...... $11,800,000 Tennessee ...... Arnold Air Force Base ...... $22,000,000 Texas ...... Dyess Air Force Base ...... $11,000,000 Lackland Air Force Base ...... $2,596,000 Sheppard Air Force Base ...... $50,284,000 Utah ...... Hill Air Force Base ...... $20,813,000 Wyoming ...... F.E. Warren Air Force Base ...... $5,500,000

Total ...... $452,023,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2304(2), the Sec- retary of the Air Force may acquire real property and carry out military construction projects for the installations and locations outside the United States, and in the amounts, set forth in the following table:

Air Force: Outside the United States

Country Installation or location Amount

Germany ...... Ramstein Air Base ...... $25,404,000 Greenland ...... Thule Air Base ...... $19,800,000 Guam ...... Andersen Air Base ...... $19,593,000 Italy ...... Aviano Air Base ...... $6,760,000 Korea ...... Kunsan Air Base ...... $37,100,000 Osan Air Base ...... $18,600,000 Portugal ...... Lajes Field, Azores ...... $5,689,000 United Kingdom ...... Royal Air Force, Lakenheath ...... $5,500,000

Total ...... $138,446,000

(c) UNSPECIFIED WORLDWIDE.—Using amounts appropriated pursuant to the authorization of appropriations in section 2304(3), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations and locations, and in the amounts, set forth in the following table:

Air Force: Unspecified Worldwide

Location Installation or location Amount

Worldwide Classified ...... Worldwide Unspecified Classified ...... $28,794,000 Worldwide Unspecified ...... Worldwide Unspecified ...... $26,121,000

Total ...... $54,915,000

SEC. 2302. FAMILY HOUSING. (a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 2304(6)(A), the Secretary of the Air Force may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, for the purposes, and in the amounts set forth in the following table:

Air Force: Family Housing

State Installation or location Purpose Amount

Arizona ...... Davis-Monthan Air Force Base ...... 250 Units ...... $48,500,000 California ...... Edwards Air Force Base ...... 218 Units ...... $41,202,000 Vandenberg Air Force Base ...... 120 Units ...... $30,906,000 Florida ...... MacDill Air Force Base ...... 61 Units ...... $21,723,000 MacDill Air Force Base ...... Housing $1,250,000 Mainte- nance Fa- cility.

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State Installation or location Purpose Amount

Idaho ...... Mountain Home Air Force Base ...... 147 Units ...... $39,333,000 Mississippi ...... Columbus Air Force Base ...... Family Hous- $711,000 ing Man- agement Facility. Missouri ...... Whiteman Air Force Base ...... 160 Units ...... $37,087,000 Montana ...... Malmstrom Air Force Base ...... 115 Units ...... $29,910,000 North Carolina ...... Seymour Johnson Air Force Base ...... 167 Units ...... $32,693,000 North Dakota ...... Grand Forks Air Force Base ...... 90 Units ...... $26,169,000 Minot Air Force Base ...... 142 Units ...... $37,087,000 South Carolina ...... Charleston Air Force Base ...... Fire Station $1,976,000 South Dakota ...... Ellsworth Air Force Base ...... 75 Units ...... $21,482,000 Texas ...... Dyess Air Force Base ...... 127 Units ...... $28,664,000 Goodfellow Air Force Base ...... 127 Units ...... $20,604,000 Germany ...... Ramstein Air Base ...... 144 Units ...... $57,691,000 Italy ...... Aviano Air Base ...... Family Hous- $2,542,000 ing Office. Korea ...... Osan Air Base ...... 117 Units ...... $46,834,000 United Kingdom ...... Royal Air Force, Lakenheath ...... 154 Units ...... $43,976,000

Total ...... $570,340,000

(b) PLANNING AND DESIGN.—Using amounts ing functions of the Department of the Air (B) For support of military family housing appropriated pursuant to the authorization Force in the total amount of $2,485,542,000, as (including functions described in section 2833 of appropriations in section 2304(6)(A), the follows: of title 10, United States Code), $856,114,000. Secretary of the Air Force may carry out ar- (1) For military construction projects in- (b) OFFSET FOR CERTAIN MILITARY CON- chitectural and engineering services and side the United States authorized by section STRUCTION PROJECT.—The amount authorized construction design activities with respect 2301(a), $452,023,000. to be appropriated by section 421 for military to the construction or improvement of mili- (2) For military construction projects out- personnel is hereby reduced by $5,500,000, tary family housing units in an amount not side the United States authorized by section with the amount of the reduction to be de- to exceed $38,266,000. 2301(b), $138,446,000. rived from excess amounts authorized for SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY (3) For military construction projects at military personnel of the Air Force. HOUSING UNITS. unspecified worldwide locations authorized Subject to section 2825 of title 10, Unites TITLE XXIV—DEFENSE AGENCIES States Code, and using amounts appropriated by section 2301(c), $54,915,000. pursuant to the authorization of appropria- (4) For unspecified minor construction SEC. 2401. AUTHORIZED DEFENSE AGENCIES tions in section 2304(6)(A), the Secretary of projects authorized by section 2805 of title 10, CONSTRUCTION AND LAND ACQUISI- TION PROJECTS. the Air Force may improve existing military United States Code, $13,000,000. family housing units in an amount not to ex- (5) For architectural and engineering serv- (a) INSIDE THE UNITED STATES.—Using ceed $238,353,000. ices and construction design under section amounts appropriated pursuant to the au- SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, 2807 of title 10, United States Code, thorization of appropriations in section AIR FORCE. $124,085,000. 2404(a)(1), the Secretary of Defense may ac- (a) AUTHORIZATION OF APPROPRIATION.— (6) For military housing functions: quire real property and carry out military Funds are hereby authorized to be appro- (A) For construction and acquisition, plan- construction projects for the installations priated for fiscal years beginning after Sep- ning and design, and improvement of mili- and locations inside the United States, and tember 30, 2004, for military construction, tary family housing and facilities, in the amounts, set forth in the following land acquisition, and military family hous- $846,959,000. table: Defense Agencies: Inside the United States

Agency Installation or location Amount

Defense Intelligence Agency ...... Bolling Air Force Base, District of Columbia ...... $6,000,000 Defense Logistics Agency ...... Defense Distribution Depot, New Cumberland, Pennsylvania ...... $22,300,000 Defense Distribution Depot, Richmond, Virginia ...... $10,100,000 Defense Fuel Support Point, Naval Air Station Oceana, Virginia ..... $3,589,000 Marine Corps Air Station, Cherry Point, North Carolina ...... $22,700,000 Naval Air Station, Kingsville, Texas ...... $3,900,000 Naval Station, Pearl Harbor, Hawaii ...... $3,500,000 Tinker Air Force Base, Oklahoma ...... $5,400,000 Travis Air Force Base, California ...... $15,100,000 Missile Defense Agency ...... Huntsville, Alabama ...... $19,560,000 National Security Agency ...... Fort Meade, Maryland ...... $15,007,000 Special Operations Command ...... Corona, California ...... $13,600,000 Fleet Combat Training Center, Dam Neck, Virginia ...... $5,700,000 Fort A.P. Hill, Virginia ...... $1,500,000 Fort Bragg, North Carolina ...... $42,888,000 Fort Campbell, Kentucky ...... $3,500,000 Fort Stewart/Hunter Army Air Field, Georgia ...... $17,600,000 Naval Air Station, North Island, California ...... $1,000,000 Naval Amphibious Base, Little Creek, Virginia ...... $33,200,000 Stennis Center, Mississippi ...... $6,000,000 Tri-Care Management Activity ...... Buckley Air Force Base, Colorado ...... $2,100,000 Fort Belvoir, Virginia ...... $100,000,000 Fort Benning, Georgia ...... $7,100,000 Jacksonville, Florida ...... $28,438,000 Langley Air Force Base, Virginia ...... $50,800,000 Marine Corps Recruit Depot, Parris Island, South Carolina ...... $25,000,000

Total ...... $465,582,000

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(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2404(a)(2), the Secretary of Defense may acquire real property and carry out military construction projects for the installations and locations outside the United States, and in the amounts, set forth in the following table:

Defense Agencies: Outside the United States

Agency Installation or location Amount

Defense Education Agency ...... Grafenwoehr, Germany ...... $36,247,000 Vilseck, Germany ...... $9,011,000 Naval Station, Guam ...... $26,964,000 Defense Logistics Agency ...... Defense Fuel Support Point, Lajes Field, Portugal ...... $19,113,000 Special Operations Command ...... Naval Station, Guam, Marianas Islands ...... $2,200,000 Tri-Care Management Activity ...... Diego Garcia ...... $3,800,000 Grafenwoehr, Germany ...... $13,000,000

Total ...... $110,335,000

(c) UNSPECIFIED WORLDWIDE.—Using the amounts appropriated pursuant to the authorization of appropriations in section 2404(a)(3), the Secretary of Defense may acquire real property and carry out military construction projects for the installations and locations, and in the amounts, set forth in the following table:

Defense Agencies: Unspecified Worldwide

Location Installation or location Amount

Worldwide Classified ...... Worldwide Unspecified Classified ...... $7,400,000 Worldwide Unspecified ...... Worldwide Unspecified ...... $2,900,000

Total ...... $10,300,000

SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY (B) For support of military family housing States Code, in an amount not to exceed the HOUSING UNITS. (including functions described in section 2833 sum of the amount authorized to be appro- Subject to section 2825 of title 10, United of title 10, United States Code), $49,575,000. priated for this purpose in section 2502 and States Code, and using amounts appropriated (C) For credit to the Department of De- the amount collected from the North Atlan- pursuant to the authorization of appropria- fense Family Housing Improvement Fund es- tic Treaty Organization as a result of con- tions in section 2404(a)(9)(A), the Secretary tablished by section 2883(a)(1) of title 10, struction previously financed by the United of Defense may improve existing military United States Code, $2,500,000. States. family housing units in an amount not to ex- (10) For the construction of phase 6 of a ceed $49,000. munitions demilitarization facility at Pueb- SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. SEC. 2403. ENERGY CONSERVATION PROJECTS. lo Chemical Activity, Colorado, authorized Using amounts appropriated pursuant to by section 2401(a) of the Military Construc- Funds are hereby authorized to be appro- the authorization of appropriations in section Authorization Act for Fiscal Year 1997 priated for fiscal years beginning after Sep- tion 2404(a)(7), the Secretary of Defense may (division B of Public Law 104–201; 110 Stat. tember 30, 2004, for contributions by the Sec- carry out energy conservation projects under 2775), as amended by section 2406 of the Mili- retary of Defense under section 2806 of title section 2865 of title 10, United States Code, tary Construction Authorization Act for Fis- 10, United States Code, for the share of the in the amount of $60,000,000. cal Year 2000 (division B of Public Law 106– United States of the cost of projects for the SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, 65; 113 Stat. 839) and section 2407 of the Mili- North Atlantic Treaty Organization Security DEFENSE AGENCIES. tary Construction Authorization Act for Fis- Investment program authorized by section (a) IN GENERAL.—Funds are hereby author- cal Year 2003 (division B of Public Law 107– 2501, in the amount of $165,800,000. ized to be appropriated for fiscal years begin- 314; 116 Stat. 2698), $44,792,000. ning after September 30, 2004, for military (11) For the construction of phase 5 of a TITLE XXVI—GUARD AND RESERVE construction, land acquisition, and military munitions demilitarization facility at Blue FORCES FACILITIES family housing functions of the Department Grass Army Depot, Kentucky, authorized by SEC. 2601. AUTHORIZED GUARD AND RESERVE of Defense (other than the military depart- section 2401(a) of the Military Construction CONSTRUCTION AND LAND ACQUISI- ments) in the total amount of $1,062,463,000, Authorization Act for Fiscal Year 2000 (divi- TION PROJECTS. as follows: sion B of Public Law 106–65; 113 Stat. 835), as There are authorized to be appropriated for (1) For military construction projects in- amended by section 2405 of the Military Con- fiscal years beginning after September 30, side the United States authorized by section struction Authorization Act of 2002 (division 2004, for the costs of acquisition, architec- 2401(a), $408,582,000. B of Public Law 107–107; 115 Stat. 1298) and tural and engineering services, and construc- (2) For military construction projects out- section 2405 of the Military Construction Au- tion of facilities for the Guard and Reserve side the United States authorized by section thorization Act for Fiscal Year 2003 (division Forces, and for contributions therefor, under 2401(b), $110,335,000. B of Public Law 107–314; 116 Stat. 2698), chapter 1803 of title 10, United States Code (3) For the military construction projects $37,094,000. (including the cost of acquisition of land for at unspecified worldwide locations author- (b) LIMITATION ON TOTAL COST OF CON- those facilities), the following amounts: ized by section 2401(c), $10,300,000. STRUCTION PROJECTS.—Notwithstanding the (4) For unspecified minor military con- cost variations authorized by section 2853 of (1) For the Department of the Army— struction projects under section 2805 of title title 10, United States Code, and any other (A) for the Army National Guard of the 10, United States Code, $20,938,000. cost variation authorized by law, the total United States, $361,072,000; and (5) For contingency construction projects cost of all projects carried out under section (B) for the Army Reserve, $63,047,000. of the Secretary of Defense under section 2401 of this Act may not exceed— (2) For the Department of the Navy, for the 2804 of title 10, United States Code, (1) the total amount authorized to be ap- Naval and Marine Corps Reserve, $25,285,000. $10,000,000. propriated under paragraphs (1), (2), and (3) (3) For the Department of the Air Force— (6) For architectural and engineering serv- of subsection (a); and (A) for the Air National Guard of the ices and construction design under section (2) $57,000,000 (the balance of the amount United States, $214,418,000; and 2807 of title 10, United States Code, authorized under section 2401(a) for the re- (B) for the Air Force Reserve, $99,206,000. $62,182,000. placement of a hospital at Fort Belvoir, Vir- TITLE XXVII—EXPIRATION AND (7) For energy conservation projects au- ginia). EXTENSION OF AUTHORIZATIONS thorized by section 2404, $60,000,000. TITLE XXV—NORTH ATLANTIC TREATY (8) For base closure and realignment ac- ORGANIZATION SECURITY INVESTMENT SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND tivities as authorized by the Defense Base PROGRAM AMOUNTS REQUIRED TO BE SPECI- FIED BY LAW. Closure and Realignment Act of 1990 (part A SEC. 2501. AUTHORIZED NATO CONSTRUCTION of title XXIX of Public Law 101–510; 10 U.S.C. AND LAND ACQUISITION PROJECTS. (a) EXPIRATION OF AUTHORIZATIONS AFTER 2687 note), $246,116,000. The Secretary of Defense may make con- THREE YEARS.—Except as provided in sub- (9) For military family housing functions: tributions for the North Atlantic Treaty Or- section (b), all authorizations contained in (A) For improvement of military family ganization Security Investment program as titles XXI through XXVI for military con- housing and facilities, $49,000. provided in section 2806 of title 10, United struction projects, land acquisition, family

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00135 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.082 S06PT1 S7664 CONGRESSIONAL RECORD — SENATE July 6, 2004 housing projects and facilities, and contribu- thorizations of appropriations therefor) for fense Authorization Act for Fiscal Year 2001 tions to the North Atlantic Treaty Organiza- which appropriated funds have been obli- (division B of Public Law 107–107; 115 Stat. tion Security Investment program (and au- gated before the later of— 1301), authorizations set forth in the tables thorizations of appropriations therefor) shall (1) October 1, 2007; or in subsection (b), as provided in section 2101 expire on the later of— (2) the date of the enactment of an Act au- or 2302 of that Act, shall remain in effect (1) October 1, 2007; or thorizing funds for fiscal year 2008 for mili- (2) the date of the enactment of an Act au- tary construction projects, land acquisition, until October 1, 2005, or the date of the en- thorizing funds for military construction for family housing projects and facilities, and actment of an Act authorizing funds for mili- fiscal year 2008. contributions to the North Atlantic Treaty tary construction for fiscal year 2006, which- (b) EXCEPTION.—Subsection (a) shall not Organization Security Investment program. ever is later. apply to authorizations for military con- SEC. 2702. EXTENSION OF AUTHORIZATIONS OF (b) TABLES.—The tables referred to in sub- struction projects, land acquisition, family CERTAIN FISCAL YEAR 2002 housing projects and facilities, and contribu- PROJECTS. section (a) are as follows: tions to the North Atlantic Treaty Organiza- (a) EXTENSION OF CERTAIN PROJECTS.—Not- tion Security Investment program (and au- withstanding section 2701 of the National De- Army: Extension of 2002 Project Authorizations

State Installation or location Project Amount

Alaska ...... Fort Wainwright ...... Power Plant Cooling Tower ...... $23,000,000 Hawaii ...... Pohakuloa Training Area ...... Parker Ranch Land Acquisi- tion ...... $1,500,000

Air Force: Extension of 2002 Project Authorizations

State Installation or location Project Amount

Colorado ...... Buckley Air Force Base ...... Construct Fam- ily Housing (55 Units) ...... $11,400,000 Louisiana ...... Barksdale Air Force Base ...... Replace Family Housing (56 Units) ...... $7,300,000

SEC. 2703. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2001 PROJECT. (a) EXTENSION.—Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2001 (division B of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–407)), authorizations set forth in the table in subsection (b), as provided in section 2102 of that Act and extended by section 2702 of the Military Construc- tion Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1716), shall remain in effect until October 1, 2005, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2006, whichever is later. (b) TABLE.—The table referred to in subsection (a) is as follows:

Army: Extension of 2001 Project Authorization

State Installation or location Project Amount

South Carolina ...... Fort Jackson ...... New Construc- tion–Family Housing (1 Unit) ...... $250,000

SEC. 2704. EFFECTIVE DATE. Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of this Act shall take effect on the later of— (1) October 1, 2004; or (2) the date of the enactment of this Act. TITLE XXVIII—GENERAL PROVISIONS Subtitle A—Military Construction Program and Military Family Housing Changes SEC. 2801. INCREASE IN THRESHOLDS FOR UNSPECIFIED MINOR MILITARY CONSTRUCTION PROJECTS. (a) INCREASE.—Section 2805(a)(1) of title 10, United States Code, is amended— (1) by striking ‘‘$1,500,000’’ and inserting ‘‘$2,500,000’’; and (2) by striking ‘‘$3,000,000’’ and inserting ‘‘$4,000,000’’. (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect on October 1, 2004.

SEC. 2802. MODIFICATION OF APPROVAL AND NO- SEC. 2803. ADDITIONAL REPORTING REQUIRE- contract, conveyance, or lease (including a TICE REQUIREMENTS FOR FACILITY MENTS RELATING TO ALTERNATIVE justification of the intended method of par- REPAIR PROJECTS. AUTHORITY FOR ACQUISITION AND ticipation). IMPROVEMENT OF MILITARY HOUS- ‘‘(C) A statement of the scored cost of the (a) INCREASE IN THRESHOLD FOR APPROVAL ING. REQUIREMENT.—Subsection (b) of section 2811 contract, conveyance, or lease (as deter- of title 10, United States Code, is amended by (a) PROJECT REPORTS.—Paragraph (2) of mined by the Office of Management and striking ‘‘$5,000,000’’ and inserting subsection (a) of section 2884 of title 10, Budget). ‘‘$7,500,000’’. United States Code, is amended to read as ‘‘(D) A statement of the United States follows: funds required for the contract, conveyance, (b) INFORMATION REQUIRED IN COST ESTI- ‘‘(2) The report on a proposed contract, or lease and a description of the source of MATE FOR MULTI-YEAR PROJECTS.—Sub- conveyance, or lease under paragraph (1) such funds. section (d)(1) of such section is amended by shall include the following: ‘‘(E) An economic assessment of the life inserting before the semicolon the following: ‘‘(A) A description of the contract, convey- cycle costs of the contract, conveyance, or ‘‘, including, in the case of a multi-year re- ance, or lease, including a summary of the lease, including an estimate of the amount of pair project to a single facility, the total terms of the contract, conveyance, or lease. United States funds that would be paid over cost of all phases of such project’’. ‘‘(B) A description of the authorities to be the life of the contract, conveyance, or lease (c) EFFECTIVE DATE.—The amendments utilized in entering into the contract, con- from amounts derived from payments of gov- made by this section shall take effect on Oc- veyance, or lease and the intended method of ernment allowances (including basic allow- tober 1, 2004. participation of the United States in the ance for housing under section 403 of title 37)

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00136 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.082 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7665 if the housing affected by the project were ment of Defense is 2 percent of the purchase ‘‘(B) the facility has been used as such an fully occupied by military personnel over the price. official polling place since January 1, 1996. life of the contract, conveyance, or lease.’’. ‘‘(d) AVAILABILITY OF FUNDS FOR ACQUISI- ‘‘(3) The limitation in paragraph (1) may be (b) ANNUAL REPORTS.—Subsection (b) of TION OF CERTAIN INTERESTS IN LANDS.—Ap- waived by the Secretary of Defense or the such section is amended— propriations available to the Department of Secretary of a military department with re- (1) by redesignating paragraph (5) as para- Defense for operation and maintenance or spect to a particular Department of Defense graph (6); and construction may be used for the following: facility if such Secretary determines that (2) by inserting after paragraph (4) the fol- ‘‘(1) The acquisition of land or interests in local security conditions require prohibition lowing new paragraph (5): land under section 2672 of this title. of the designation or use of that facility as ‘‘(5) A report setting forth— ‘‘(2) The acquisition of interests in land an official polling place for any election.’’. ‘‘(A) an estimate of the amounts of basic under section 2675 of this title.’’. (c) REPEAL OF SUPERSEDED PROVISIONS.— allowance for housing under section 403 of (2) STYLISTIC AMENDMENTS.—Such section Sections 2666, 2670, and 2673 of such title are title 37 that will be paid during the fiscal is further amended— repealed. (d) CLERICAL AMENDMENTS.—The table of year in which the budget is submitted to (A) in subsection (a), by inserting ‘‘AVAIL- sections for chapter 159 of such title is members of the armed forces living in hous- ABILITY OF FUNDS FOR REPAIR OF FACILITIES amended— ing provided under the authorities in this AND FOR INSTALLATION OF EQUIPMENT.—’’ subchapter during such fiscal year, set forth after ‘‘(a)’’; and (1) by striking the items relating to sections 2666, 2670, and 2673; and by armed force; and (B) in subsection (b), by inserting ‘‘LEASES; (2) by striking the item relating to section ‘‘(B) an estimate of the amounts of basic DEFENSE ACCESS ROADS.—’’ after ‘‘(b)’’. 2679 and inserting the following new item: allowance for housing that will be paid dur- (b) CERTAIN PROVISIONS ON USE OF FACILI- ing the fiscal year for which the budget is TIES.—Section 2679 of such title is amended ‘‘Sec. 2679. Use of facilities: use by private submitted to members of the armed forces to read as follows: organizations; use as polling places.’’. living in such housing during such fiscal ‘‘§ 2679. Use of facilities: use by private orga- year, set forth by armed force.’’. nizations; use as polling places SEC. 2812. MODIFICATION AND ENHANCEMENT OF AUTHORITIES ON FACILITIES SEC. 2804. MODIFICATION OF AUTHORITIES ‘‘(a) USE OF SPACE AND EQUIPMENT BY VET- FOR RESERVE COMPONENTS. UNDER ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVE- ERANS SERVICE ORGANIZATIONS.—(1) Upon (a) INTERESTS IN LAND.— MENT OF MILITARY HOUSING. certification to the Secretary concerned by (1) DEFINITION OF TERM.—Section 18232 of (a) REQUIREMENTS FOR CONTRACTS FOR the Secretary of Veterans Affairs, the Sec- title 10, United States Code, is amended— LEASING OF HOUSING.—Section 2874 of title retary concerned shall allow accredited, (A) by striking paragraph (2); 10, United States Code, is amended by strik- paid, full-time representatives of the organi- (B) by redesignating paragraph (3) as para- ing subsection (b) and inserting the following zations named in section 5902 of title 38, or of graph (4); and new subsection (b): other organizations recognized by the Sec- (C) by inserting after paragraph (1) the fol- ‘‘(b) CONTRACT TERMS.—Any contract for retary of Veterans Affairs, to function on lowing new paragraphs: the lease of housing units under subsection military installations under the jurisdiction ‘‘(2) The term ‘facility’ includes any ar- (a) shall include the following provisions: of the Secretary concerned that are on land mory, readiness center, building, structure, ‘‘(1) That the obligation of the United and from which persons are discharged or re- or other improvement of real property need- States to make payments under such con- leased from active duty. ed for the administration and training of any tract in any fiscal year shall be subject to ‘‘(2) The commanding officer of a military unit of the reserve components of the armed appropriations being available for such fiscal installation allowing representatives to forces. year and specifically for the project covered function on the installation under paragraph ‘‘(3) The term ‘interest in land’ includes a by such contract. (1) shall allow the representatives to use fee title, lease, easement, license, permit, or ‘‘(2) A commitment to obligate the nec- available space and equipment at the instal- agreement on use of a parcel of real property essary amount for a fiscal year covered by lation. needed for the administration and training such contract when and to the extent that ‘‘(3) The regulations prescribed to carry of any unit of the reserve components of the funds are appropriated for the project cov- out section 2679 of title 10, United States armed forces.’’. ered by such contract. Code (as in effect on the day before the date (2) UTILIZATION OF TERM.—(A) Section ‘‘(3) That the commitment described in of the enactment of the National Defense 18231(1) of such title is amended by inserting paragraph (2) does not constitute an obliga- Authorization Act for Fiscal Year 2005), that before the semicolon the following: ‘‘, and tion of the United States.’’. are in effect on January 1, 1958, shall remain the acquisition of interests in land for such (b) INVESTMENTS SUBJECT TO AVAILABILITY in effect until changed by joint action of the purposes’’. OF APPROPRIATIONS.—Section 2875(a) of such Secretary concerned and the Secretary of (B) Section 18233 of such title is amended— title is amended by inserting ‘‘, subject to Veterans Affairs. (i) in subsection (a), by inserting ‘‘or inter- the availability of appropriations for such ‘‘(4) This subsection does not authorize the ests in land’’ after ‘‘facilities’’ each place it purpose,’’ after ‘‘may’’. violation of measures of military security. appears; and (c) REPEAL OF CERTAIN AUTHORITIES.— ‘‘(b) LICENSES TO AMERICAN NATIONAL RED (ii) in subsection (f)(2), by striking ‘‘real (1) RENTAL GUARANTEES.—Section 2876 of CROSS FOR ERECTION AND USE OF BUILDINGS.— property’’ and inserting ‘‘interests in land’’. such title is repealed. (1) Under such conditions as the Secretary (C) Section 18233a(a)(1) of such title is (2) DIFFERENTIAL LEASE PAYMENTS.—Sec- concerned may prescribe, such Secretary amended by inserting ‘‘or interest in land’’ tion 2877 of such title is repealed. may issue a revocable license to the Amer- after ‘‘facility’’. (3) ASSIGNMENT OF MEMBERS OF THE ARMED ican National Red Cross to— (b) MODIFICATION AND ENHANCEMENT OF AC- FORCES TO HOUSING UNITS.—Section 2882 of ‘‘(A) erect and maintain, on any military QUISITION AUTHORITY.—Section 18233 of such such title is repealed. installation under the jurisdiction of such title is further amended— (d) INCREASE IN AMOUNT OF BUDGET AU- Secretary, buildings for the storage of sup- (1) in subsection (a)— THORITY FOR MILITARY FAMILY HOUSING.— plies; or (A) in the matter preceding paragraph (1), Section 2883(g)(1) of such title is amended by ‘‘(B) use, for the storage of supplies, build- by striking ‘‘and to’’ and inserting ‘‘chapters striking ‘‘$850,000,000’’ and inserting ings erected by the United States. 159 and 169 of this title, and’’; and ‘‘$850,000,001’’. ‘‘(2) Supplies stored in buildings erected or (B) in paragraph (1), by striking ‘‘trans- (e) CLERICAL AMENDMENTS.—The table of used under this subsection are available to fer,’’ and inserting ‘‘transfer from a military sections at the beginning of subchapter IV of aid the civilian population in a serious na- department, another department or agency chapter 169 of such title is amended by strik- tional disaster. of the Federal Government, or a State agen- ing the items relating to sections 2876, 2877, ‘‘(c) USE OF CERTAIN FACILITIES AS POLLING cy,’’; and and 2882. PLACES.—(1) Notwithstanding chapter 29 of (2) in subsection (f)(2), by striking ‘‘ex- Subtitle B—Real Property and Facilities title 18 (including sections 592 and 593 of such change of Government-owned land, or other- Administration title) or any other provision of law, the Sec- wise’’ and inserting ‘‘or exchange of Govern- retary of Defense or Secretary of a military SEC. 2811. RECODIFICATION AND CONSOLIDA- ment-owned land’’. TION OF CERTAIN AUTHORITIES department may not (except as provided in (c) AUTHORITY TO CARRY OUT SMALL AND LIMITATIONS RELATING TO paragraph (3)) prohibit the designation or PROJECTS.— REAL PROPERTY ADMINISTRATION. use of a qualifying facility under the juris- (1) MODIFICATION OF LIMITATION ON AUTHOR- (a) CERTAIN PROVISIONS ON LAND ACQUISI- diction of such Secretary as an official poll- ITY.—Section 18233a(a) of such title is further TION.— ing place for Federal, State, or local elec- amended— (1) RECODIFICATION.—Section 2661 of title tions. (A) in paragraph (1), by striking 10, United States Code, is amended by adding ‘‘(2) A Department of Defense facility is a ‘‘$1,500,000’’ and inserting ‘‘$750,000’’; and at the end the following new subsections: qualifying facility for purposes of this sub- (B) in paragraph (2), by adding at the end ‘‘(c) COMMISSIONS ON LAND PURCHASE CON- section if as of December 31, 2000— the following new subparagraph: TRACTS.—The maximum amount payable as a ‘‘(A) the facility is designated as an official ‘‘(D) A repair project (as that term is de- commission on a contract for the purchase of polling place by a State or local election of- fined in section 2811(e) of this title) costing land from funds appropriated for the Depart- ficial; or less than $10,000,000.’’.

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(2) RECODIFICATION OF AUTHORITY TO CARRY both of a reserve component of such depart- the fair market value of such facility, inter- OUT WITH OPERATION AND MAINTENANCE ment with the use of the exchange allowance est in land, or both and the method of deter- FUNDS.—Chapter 1803 of title 10, United and proceeds of sale to acquire a facility, an mination of such fair market value. States Code, is amended by inserting after interest in land, or an addition to an existing (C) Data on the facility or addition to an section 18233a the following new section: facility for the reserve component. existing facility, if any, to be received by the ‘‘§ 18233b. Authority to carry out small (c) FACILITIES AND LANDS SUBJECT TO United States under the agreement, which projects with operation and maintenance TRANSACTION.—A facility or interest in land data shall meet requirements for data to be funds of a reserve component that may be ex- provided Congress for military construction ‘‘Under such regulations as the Secretary changed or sold pursuant to the authority projects to obtain a similar facility or addi- of Defense may prescribe, the Secretary may under subsection (a) is any facility or inter- tion to an existing facility. spend, from appropriations available for op- est in land under the control of the military (D) A certification that the existing facil- eration and maintenance, amounts necessary department concerned that is not excess ity, interest in land, or both of a reserve to carry out any project authorized under property, as that term is defined in section component covered by the agreement is not section 18233(a) of this title costing not more 102(3) of title 40, United States Code. required by another military department. (d) FAIR MARKET VALUE TO BE OBTAINED IN than— (3) Section 2662 of title 10, United States TRANSACTION.—In any exchange or sale of an ‘‘(1) the amount specified in section Code, shall not apply to any transaction car- existing facility pursuant to the authority 2805(c)(1)(A) of this title, in the case of a ried out pursuant to the authority under under subsection (a), the United States shall project intended solely to correct a defi- subsection (a). receive cash, a replacement facility or addi- ciency that is life-threatening, health- (i) TREATMENT OF FUNDS RECEIVED IN tion to an existing facility, an interest in threatening, or safety-threatening; or TRANSACTIONS.—(1) The Secretary of a mili- land, or a combination thereof of in an ‘‘(2) the amount specified in section tary department shall deposit in a special ac- amount not less than the fair market value 2805(c)(1)(B) of this title, in the case of any count in the Treasury established for such of the existing facility, as determined by the other project.’’. purpose pursuant to section 572(b) of title 40, Secretary of the military department con- (3) REPEAL OF SUPERSEDED AUTHORITY.— United States Code, any amounts received cerned. Section 18233a of such title is amended by (e) REQUIREMENTS FOR REPLACEMENT FA- pursuant to an agreement entered into by striking subsection (b). CILITIES.—(1) A facility obtained as a replace- such Secretary pursuant to the authority ONFORMING AMENDMENTS.—Section (4) C ment facility for an existing facility, or as under subsection (a). 18233a of such title is further amended— an addition to an existing facility, pursuant (2) Amounts deposited by the Secretary of (A) by striking ‘‘(1) Except as provided in to the authority under subsection (a) shall, a military department under paragraph (1) in paragraph (2)’’ and inserting ‘‘Except as pro- as determined by the Secretary of the mili- the account established by such Secretary vided in subsection (b)’’; and tary department concerned— under that paragraph with respect to an (B) by redesignating paragraph (2) as sub- (A) be complete and usable, fully func- agreement shall be available to such Sec- section (b) and in that subsection, as so re- tional, and ready for occupancy, and satisfy retary, without further appropriation, as fol- designated— fully all operational requirements of the ex- lows: (i) by striking ‘‘Paragraph (1)’’ and insert- isting facility; and (A) For the construction or acquisition of ing ‘‘Subsection (a)’’; (B) meet all applicable Federal, State, and facilities, or of additions to existing facili- (ii) by redesignating subparagraphs (A), local requirements relating to health, safety, ties, for the reserve component concerned at (B), (C), and (D) as paragraphs (1), (2), (3), and fire, and the environment. the location to which such agreement ap- (4), respectively; and (2) A facility obtained as a replacement fa- plies. (iii) in paragraph (2), as so redesignated— cility for an existing facility, or as an addi- (B) To the extent that such amounts are (I) by redesignating clauses (i) and (ii) as tion to an existing facility, pursuant to the not required for purposes of subparagraph subparagraphs (A) and (B), respectively; and authority under subsection (a) shall meet (A), for maintenance, protection, alteration, (II) in subparagraph (B), as so redesig- the requirements specified in subparagraphs repair, improvement, or restoration (includ- nated, by striking ‘‘(I) 25 percent, or (II)’’ (A) and (B) of paragraph (1) before the con- ing environmental restoration) of facilities and inserting ‘‘(i) 25 percent, or (ii)’’. clusion of the exchange or sale of the exist- or property of the reserve component con- (5) CLERICAL AMENDMENTS.—(A) The heading facility concerned. cerned at the location to which such agreeing of section 18233a of such title is amended (f) AGREEMENT REQUIRED.—The Secretary ment applies. to read as follows: of a military department shall carry out (3) Amounts available under paragraph (2) ‘‘§ 18233a. Limitation on certain projects’’. each transaction pursuant to the authority shall remain available until expended. (B) The table of sections at the beginning under subsection (a) through an agreement (j) SOLE AUTHORITY FOR EXCHANGES OF FA- of chapter 1803 of such title is amended by for that purpose entered into by such Sec- CILITIES AND LANDS.—Except as otherwise striking the item relating to section 18233a retary and the person or entity carrying out specifically authorized by law, during the pe- and inserting the following new items: the transaction. riod of the authority under subsection (a), ‘‘18233a. Limitation on certain projects. (g) SELECTION AMONG COMPETING PARTICI- the authority under that subsection to ex- ‘‘18233b. Authority to carry out small PANTS.—(1) If more than one person or entity change facilities or interests in land of the projects with operation and notifies the Secretary of a military depart- reserve components to obtain facilities, in- maintenance funds.’’. ment of an interest in carrying out a trans- terests in land, or additions to facilities for action pursuant to the authority under sub- SEC. 2813. AUTHORITY TO EXCHANGE OR SELL the reserve components is the sole authority RESERVE COMPONENT FACILITIES section (a), the Secretary shall, except as available in law for that purpose. AND LANDS TO OBTAIN NEW RE- provided in paragraph (2), select the person (k) CONSTRUCTION WITH OTHER MILITARY SERVE COMPONENT FACILITIES AND or entity to carry out the transaction LANDS. through the use of competitive procedures. CONSTRUCTION LAWS.—Transactions pursuant (a) IN GENERAL.—The Secretary of Defense (2) The Secretary of a military department to the authority under subsection (a) shall may authorize each Secretary of a military may use procedures other than competitive not be treated as military construction department to carry out projects to assess procedures to select among persons and enti- projects requiring an authorization in law as the feasibility and advisability of obtaining ties to carry out a transaction pursuant to otherwise required by section 2802 of title 10, new facilities and lands for the reserve com- the authority under subsection (a), but only United States Code. ponents of such department through the ex- in accordance with subsections (c) through (l) REPORT.—Not later than March 1, 2007, change or sale of existing facilities or lands (f) of section 2304 of title 10, United States the Secretary of Defense shall submit to the of such reserve components. Code. congressional defense committees a report (b) TRANSACTIONS AUTHORIZED.—Pursuant (h) NOTICE AND WAIT REQUIREMENT.—(1) on the exercise of the authority under sub- to the authority under subsection (a), the The Secretary of a military department may section (a). The report shall include the fol- Secretary of a military department may not enter into an agreement pursuant to the lowing: carry out any transaction as follows: authority under subsection (a) until 30 days (1) A description of the projects carried out (1) An exchange of an existing facility or after the date on which such Secretary sub- under the authority. existing interest in land of a reserve compo- mits to the congressional defense commit- (2) A description of the analysis and cri- nent of such department for a new facility, tees a report on the agreement. teria used to identify existing facilities and an interest in land, or an addition to an ex- (2) A report on an agreement under para- interests in land to be exchanged or sold isting facility for the reserve component. graph (1) shall include the following: under the authority. (2) A sale of an existing facility or existing (A) A description of terms of the agree- (3) An assessment of the utility to the De- interest in land of a reserve component of ment, including a description of any funds to partment of Defense of the authority, includ- such department with the proceeds of sale be received by the United States under the ing recommendations for modifications of used to acquire a new facility, an interest in agreement and the proposed use of such such authority in order to enhance the util- land, or an addition to an existing facility funds. ity of such authority for the Department. for the reserve component. (B) A description of the existing facility, (4) An assessment of interest in future ex- (3) A combination of an exchange and sale interest in land, or both of a reserve compo- changes or sales in the event the authority is of an existing facility, interest in land, or nent covered by the agreement, including extended.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00138 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.083 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7667 (5) An assessment of the advisability of the State of Utah to construct and operate a (2) Amounts received as reimbursement making the authority, including any modi- facility for the provision of nursing care for under paragraph (1) shall be credited to the fications of the authority recommended veterans. fund or account that was used to cover the under paragraph (3), permanent. (b) PAYMENT OF COSTS OF CONVEYANCE.—(1) costs incurred by the Secretary in carrying (m) DEFINITIONS.—In this section: The Secretary may require the State to out the conveyances. Amounts so credited (1) The term ‘‘facility’’ includes an armory, cover costs to be incurred by the Secretary, shall be merged with amounts in such fund readiness center, or other structure, and or to reimburse the Secretary for costs in- or account, and shall be available for the storage or other facilities, normally needed curred by the Secretary, to carry out the same purposes, and subject to the same con- for the administration and training of a unit conveyance under subsection (a), including ditions and limitations, as amounts in such of a reserve component. survey costs, costs related to environmental fund or account. (2) The terms ‘‘armory’’ and ‘‘readiness documentation, and other administrative (e) REVERSIONARY INTEREST.—(1) If at any center’’ have the meanings given such terms costs related to the conveyance. If amounts time the Secretary determines that the prop- in section 18232(3) of title 10, United States paid to the Secretary in advance exceed the erty conveyed to the County under sub- Code. costs actually incurred by the Secretary to section (a) is not being used for the purposes (n) EXPIRATION DATE.—No transaction may carry out the conveyance, the Secretary stated in that subsection, then, at the option be commenced pursuant to the authority shall refund the excess amount to the State. of the Secretary, all right, title, and interest under subsection (a) after September 30, 2006. (2) Amounts received under paragraph (1) in and to the property, including any im- SEC. 2814. REPEAL OF AUTHORITY OF SEC- shall be credited to the fund or account that provements thereon, shall revert to the RETARY OF DEFENSE TO REC- was used to cover the costs incurred by the United States, and the United States shall OMMEND THAT INSTALLATIONS BE Secretary. Amounts so credited shall be have the right of immediate entry onto the PLACED IN INACTIVE STATUS DUR- merged with amounts in such fund or ac- property. ING 2005 ROUND OF DEFENSE BASE count, and shall be available for the same (2) If the Secretary exercises the rever- CLOSURE AND REALIGNMENT. purposes, and subject to the same conditions sionary interest provided for in paragraph Section 2914 of the Defense Base Closure and limitations, as amounts in such fund or (1), the Secretary shall pay the County, from and Realignment Act of 1990 (part A of title account. amounts available to the Secretary for mili- XXIX of Public Law 101–510; 10 U.S.C. 2687 (c) DESCRIPTION OF PROPERTY.—The exact tary construction for the Defense Agencies, note) is amended by striking subsection (c). acreage and legal description of the property an amount equal to the fair market value of Subtitle C—Land Conveyances to be conveyed under subsection (a) shall be the property covered by the reversionary in- determined by a survey satisfactory to the SEC. 2821. TRANSFER OF ADMINISTRATIVE JU- terest, as determined by the Secretary. RISDICTION, DEFENSE SUPPLY CEN- Secretary. (f) EXEMPTION FROM FEDERAL SCREENING.— TER, COLUMBUS, OHIO. (d) ADDITIONAL TERMS AND CONDITIONS.— The conveyance under subsection (a) is ex- The Secretary may require such additional (a) TRANSFER AUTHORIZED.—The Secretary empt from the requirement to screen the terms and conditions in connection with the of the Army may transfer, without reim- property for other Federal use pursuant to conveyance under subsection (a) as the Sec- bursement, to the Secretary of Veterans Af- sections 2693 and 2696 of title 10, United retary considers appropriate to protect the fairs administrative jurisdiction of a parcel States Code. interests of the United States. of real property consisting of approximately (g) INCLUSION OF SOUTHGATE ROAD RIGHT- 20 acres and comprising a portion of the De- SEC. 2823. LAND EXCHANGE, ARLINGTON COUN- OF-WAY PROPERTY IN TRANSFER OF NAVY TY, VIRGINIA. fense Supply Center in Columbus, Ohio. ANNEX PROPERTY FOR ARLINGTON NATIONAL (a) EXCHANGE AUTHORIZED.—(1) The Sec- (b) USE OF PROPERTY.—The Secretary of CEMETERY.—Subsection (a) of section 2881 of retary of Defense may convey to Arlington Veterans Affairs may only use the property the Military Construction Authorization Act County, Virginia (in this section referred to transferred under subsection (a) as the site for Fiscal Year 2000 (division B of Public Law as the ‘‘County’’), all right, title, and inter- for the construction of a new outpatient 106–65; 113 Stat. 879) is amended by striking est of the United States in and to a parcel of clinic for the provision of medical services to ‘‘three parcels of real property consisting of real property, together with any improve- veterans. approximately 36 acres’’ and inserting ‘‘four ments thereon, consisting of not more than (c) COSTS.—Any administrative costs in parcels of real property consisting of ap- connection with the transfer of property 4.5 acres and located along the western boundary of the Navy Annex property, Vir- proximately 40 acres’’. under subsection (a), including the costs of (h) TERMINATION OF RESERVATION OF CER- ginia, for the purpose of the construction of the survey required by subsection (e), shall TAIN NAVY ANNEX PROPERTY FOR MEMORIALS a freedmen heritage museum and an Arling- be borne by the Secretary of Veterans Af- OR MUSEUMS.—Subsection (b) of such section, ton history museum. fairs. (2) The size of the parcel of real property as amended by section 2863(f) of the Military (d) RETURN OF JURISDICTION TO ARMY.—If conveyed under paragraph (1) shall be such Construction Authorization Act for Fiscal at any time the Secretary of the Army deter- that the acreage of the parcel shall be equiv- Year 2002 (division B of Public Law 107–107; mines that the property transferred under alent to the acreage of the parcel of real 115 Stat. 1332) and section 2851(a)(1) of the subsection (a) is not being utilized for the property conveyed under subsection (b). The Military Construction Authorization Act for outpatient clinic described in subsection (b), Secretary shall determine the acreage of the Fiscal Year 2003 (division B of Public Law then, at the election of the Secretary of the parcels, and such determination shall be 107–314; 116 Stat. 2726), is further amended— Army, the Secretary of Veterans Affairs final. (1) by striking ‘‘(1) Subject to paragraph shall return to the Secretary of the Army (b) CONSIDERATION.—As consideration for (2), the Secretary’’ and inserting ‘‘The Sec- administrative jurisdiction of the property. the conveyance of property under subsection retary’’; and (e) EXEMPTION FROM FEDERAL SCREENING.— (a), the County shall convey to the United (2) by striking paragraph (2). The conveyance under subsection (a) is ex- States all right, title, and interest of the (i) ADDITIONAL TERMS AND CONDITIONS.— empt from the requirement to screen the County in and to a parcel of real property, The Secretary may require such additional property for other Federal use pursuant to together with any improvements thereon, terms and conditions in connection with the section 2693 of title 10, United States Code. consisting of not more than 4.5 acres and conveyances under this section as the Sec- (f) DESCRIPTION OF PROPERTY.—The exact known as the Southgate Road right-of-way retary considers appropriate to protect the acreage and legal description of the real between Arlington National Cemetery, Vir- interests of the United States. property to be transferred under subsection ginia, and the Navy Annex property. SEC. 2824. LAND CONVEYANCE, HAMPTON, VIR- (a) shall be determined by a survey satisfac- (c) DESCRIPTION OF PROPERTY.—The exact GINIA. tory to the Secretary of the Army. acreage and legal description of the parcels (a) CONVEYANCE AUTHORIZED.—The Sec- (g) ADDITIONAL TERMS AND CONDITIONS.— of real property to be conveyed under this retary of the Army may convey, without The Secretary of the Army may require such section shall be determined by surveys satis- consideration, to the Hampton City School additional terms and conditions in connec- factory to the Secretary. Board, Hampton, Virginia (in this section re- tion with the transfer under subsection (a) as (d) PAYMENT OF COSTS OF CONVEYANCES.— ferred to as the ‘‘Board’’), all right, title, and the Secretary considers appropriate to pro- (1) The Secretary may require the County to interest of the United States in and to a par- tect the interests of the United States. cover costs to be incurred by the Secretary, cel of real property, including any improve- SEC. 2822. LAND CONVEYANCE, BROWNING ARMY or to reimburse the Secretary for costs in- ments thereon, that consists of approxi- RESERVE CENTER, UTAH. curred by the Secretary, to carry out the mately 29.8 acres, is located on Downey (a) CONVEYANCE AUTHORIZED.—(1) The Sec- conveyances under subsections (a) and (b), Farm Road in Hampton, Virginia, and is retary of the Army may convey, without including survey costs, costs related to envi- known as the Butler Farm United States consideration, to the State of Utah (in this ronmental documentation, and other admin- Army Reserve Center in order to permit the section referred to as the ‘‘State’’) all right, istrative costs related to the conveyances. If Board to utilize the property for public edu- title, and interest of the United States in amounts are collected from the County in cation purposes. and to a parcel of unimproved real property advance of the Secretary incurring the ac- (b) CONDITION OF CONVEYANCE.—The con- consisting of approximately 10 acres and lo- tual costs, and the amount collected exceeds veyance under subsection (a) shall be subject cated at the Browning Army Reserve Center, the costs actually incurred by the Secretary to the condition that the Board accept the Utah. to carry out the conveyance, the Secretary real property described in subsection (a) in (2) The purpose of the conveyance is to per- shall refund the excess amount to the Coun- its condition at the time of the conveyance, mit the Department of Veterans Affairs of ty. commonly known as conveyance ‘‘as is’’.

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(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) retary considers appropriate to protect the interest of the United States in and to a par- The Secretary may require the Board to interests of the United States. cel of real property, including improvements cover costs to be incurred by the Secretary, SEC. 2826. TRANSFER OF JURISDICTION, NE- thereon, consisting of approximately 5.16 or to reimburse the Secretary for costs in- BRASKA AVENUE NAVAL COMPLEX, acres located at 890 Valkenberg Avenue, curred by the Secretary, to carry out the DISTRICT OF COLUMBIA. Honolulu, Hawaii, and currently used by the conveyance under subsection (a), including (a) TRANSFER REQUIRED.—The Secretary of City and County of Honolulu as the site of a survey costs, costs related to environmental the Navy shall transfer to the administrative fire station and firefighting training facility. documentation, and other administrative jurisdiction of the Administrator of General The purpose of the conveyance is to enhance costs related to the conveyance. If amounts Services the parcel of Department of the the capability of the City and County of are collected from the Board in advance of Navy real property in the District of Colum- Honolulu to provide fire protection and fire- the Secretary incurring the actual costs, and bia known as the Nebraska Avenue Complex fighting services to the civilian and military the amount collected exceeds the costs actu- for the purpose of permitting the Adminis- properties in the area and to provide a loca- ally incurred by the Secretary to carry out trator to use the Complex to accommodate tion for firefighting training for civilian and the conveyance, the Secretary shall refund the Department of Homeland Security. The military personnel. the excess amount to the Board. Complex shall be transferred in its existing (b) CONDITIONS OF CONVEYANCE.—The con- (2) Amounts received as reimbursement condition. veyance under subsection (a) shall be subject under paragraph (1) shall be credited to the (b) AUTHORITY TO RETAIN MILITARY FAMILY to the following conditions: fund or account that was used to cover the HOUSING.—The Secretary of the Navy may (1) That the City and County of Honolulu costs incurred by the Secretary in carrying retain administrative jurisdiction over the accept the real property in its condition at out the conveyance. Amounts so credited portion of the Complex that the Secretary the time of the conveyance, commonly shall be merged with amounts in such fund considers to be necessary for continued use known as conveyance ‘‘as is’’. or account, and shall be available for the as Navy family housing. (2) That the City and County of Honolulu same purposes, and subject to the same con- (c) TIME FOR TRANSFER.—The transfer of make the firefighting training facility avail- ditions and limitations, as amounts in such administrative jurisdiction over the Complex able to the fire protection and firefighting fund or account. to the Administrator under subsection (c) units of the military departments for train- (d) EXEMPTION FROM FEDERAL SCREENING.— shall be completed not later than January 1, ing not less than 2 days per week on terms The conveyance authorized by subsection (a) 2005. satisfactory to the Secretary. is exempt from the requirement to screen (d) RELOCATION OF NAVY ACTIVITIES.—As (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) the property for other Federal use pursuant part of the transfer of the Complex under The Secretary shall require the City and County of Honolulu to cover costs to be in- to section 2693 and 2696 of title 10, United this section, the Secretary of the Navy shall curred by the Secretary, or to reimburse the States Code. relocate Department of the Navy activities Secretary for costs incurred by the Sec- (e) DESCRIPTION OF PROPERTY.—The exact at the Complex to other locations. acreage and legal description of the property (e) PAYMENT OF RELOCATION COSTS.—Sub- retary, to carry out the conveyance under to be conveyed under subsection (a) shall be ject to the availability of appropriations for subsection (a), including survey costs, costs determined by a survey satisfactory to the this purpose, the Secretary of Homeland Se- related to environmental documentation, Secretary. curity shall be responsible for the payment and other administrative costs related to the (f) ADDITIONAL TERMS AND CONDITIONS.— of— conveyance. If amounts are collected from The Secretary may require such additional (1) all reasonable costs, including costs to the City and County of Honolulu in advance terms and conditions in connection with the move furnishings and equipment, related to of the Secretary incurring the actual costs, conveyance under subsection (a) as the Sec- the relocation of Department of the Navy ac- and the amount collected exceeds the costs retary considers appropriate to protect the tivities from the Complex under subsection actually incurred by the Secretary to carry interests of the United States. (d); out the conveyance, the Secretary shall re- (2) all reasonable costs, including rent, in- fund the excess amount, without interest, to SEC. 2825. LAND CONVEYANCE, SEATTLE, WASH- the City and County of Honolulu. INGTON. cident to the occupancy by such activities of (2) Amounts received under paragraph (1) (a) CONVEYANCE AUTHORIZED.—The Sec- interim leased space; and shall be credited to the fund or account that retary of the Army may convey, without (3) all reasonable costs incident to the ac- was used to cover the costs incurred by the consideration, to the State of Washington (in quisition of permanent facilities for Depart- Secretary in carrying out the conveyance. this section referred to as the ‘‘State’’) all ment of the Navy activities relocated from the Complex. Amounts so credited shall be merged with right, title, and interest of the United States amounts in such fund or account, and shall in and to a parcel of real property, including (f) SUBMISSION OF COST ESTIMATES.—As soon as practicable after the date of the en- be available for the same purposes, and sub- any improvements thereon, consisting of ap- ject to the same conditions and limitations, proximately 9.747 acres in Seattle, Wash- actment of this Act, but not later than Janu- ary 1, 2005, the Secretary of the Navy shall as amounts in such fund or account. ington, and comprising a portion of the Na- (d) DESCRIPTION OF PROPERTY.—The exact submit to the congressional defense commit- tional Guard Facility, Pier 91, for the pur- acreage and legal description of the property tees an initial estimate of the amounts that pose of permitting the State to convey the to be conveyed under subsection (a) shall be will be necessary to cover the costs to per- facility unencumbered for economic develop- determined by a survey satisfactory to the manently relocate Department of the Navy ment purposes. Secretary. (b) CONDITION OF CONVEYANCE.—The con- activities from the Complex. The Secretary (e) ADDITIONAL TERMS AND CONDITIONS.— veyance under subsection (a) shall be subject shall include in the estimate anticipated The Secretary may require such additional to the condition that the State accept the land acquisition and facility construction terms and conditions in connection with the real property in its condition at the time of costs. The Secretary shall revise the esti- conveyance under subsection (a) as the Sec- the conveyance, commonly known as con- mate as necessary whenever information re- retary considers appropriate to protect the veyance ‘‘as is’’. garding the actual costs for the relocation is interests of the United States. (c) ADMINISTRATIVE EXPENSES.—(1) The obtained. SEC. 2828. LAND CONVEYANCE, PORTSMOUTH, State shall reimburse the Secretary for the (g) CERTIFICATION OF RELOCATION COSTS.— VIRGINIA. administrative expenses incurred by the Sec- At the end of the three-year period beginning (a) CONVEYANCE AUTHORIZED.—The Sec- retary in carrying out the conveyance under on the date of the transfer of the Complex retary of the Navy may convey, without con- subsection (a), including expenses related to under subsection (a), the Secretary of the sideration, to the City of Portsmouth, Vir- surveys and legal descriptions, boundary Navy shall submit to Congress written no- ginia (in this section referred to as the monumentation, environmental surveys, tice— ‘‘City’’), all right, title, and interest of the necessary documentation, travel, and deed (1) specifying the total amount expended United States in and to a parcel of real prop- preparation. under subsection (e) to cover the costs of re- erty, including any improvements thereon, (2) Section 2695(c) of title 10, United States locating Department of the Navy activities consisting of approximately 0.49 acres lo- Code, shall apply to any amounts received by from the Complex; cated at 517 King Street, Portsmouth, Vir- the Secretary as reimbursement under this (2) specifying the total amount expended to ginia, and known as the ‘‘Navy YMCA Build- subsection. acquire permanent facilities for Department ing’’, for economic revitalization purposes. (d) DESCRIPTION OF PROPERTY.—The exact of the Navy activities relocated from the (b) CONDITIONS OF CONVEYANCE.—The con- acreage and legal description of the property Complex; and veyance under subsection (a) shall be subject to be conveyed under subsection (a) shall be (3) certifying whether the amounts paid to the following conditions: determined by a survey satisfactory to the are sufficient to complete all relocation ac- (1) That the City accept the real property Secretary. The cost of the survey shall be tions. described in subsection (a) in its condition at borne by the United States, subject to the SEC. 2827. LAND CONVEYANCE, HONOLULU, HA- the time of the conveyance, commonly requirement for reimbursement under sub- WAII. known as conveyance ‘‘as is’’. section (c). (a) CONVEYANCE AUTHORIZED.—The Sec- (2) That the City bear all costs related to (e) ADDITIONAL TERMS AND CONDITIONS.— retary of the Navy may convey, without con- the environmental remediation, use, and re- The Secretary may require such additional sideration but subject to the conditions spec- development of the real property. terms and conditions in connection with the ified in subsection (b), to the City and Coun- (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) conveyance under subsection (a) as the Sec- ty of Honolulu, Hawaii, all right, title, and The Secretary may require the City to cover

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costs to be incurred by the Secretary, or to (f) ADDITIONAL TERMS AND CONDITIONS.— of Maryland (in this section referred to as reimburse the Secretary for costs incurred The Secretary may require such additional ‘‘State’’), all right, title, and interest of the by the Secretary, to carry out the convey- terms and conditions in connection with the United States in and to a parcel of real prop- ance under subsection (a), including survey conveyance under subsection (a) as the Sec- erty, including improvements thereon, con- costs, costs related to environmental docu- retary considers appropriate to protect the sisting of approximately five acres at Naval mentation, and other administrative costs interests of the United States. Air Station, Patuxent River, Maryland, and related to the conveyance. If amounts paid SEC. 2830. LAND EXCHANGE, MAXWELL AIR containing the Point Lookout Lighthouse, to the Secretary in advance exceed the costs FORCE BASE, ALABAMA. other structures related to the lighthouse, actually incurred by the Secretary to carry (a) CONVEYANCE AUTHORIZED.—The Sec- and an archaeological site pertaining to the out the conveyance, the Secretary shall re- retary of the Air Force may convey to the military hospital that was located on the fund the excess amount to the City. City of Montgomery, Alabama (in this sec- property during the Civil War. The convey- (2) Amounts received under paragraph (1) tion referred to as the ‘‘City’’), all right, ance shall include artifacts pertaining to the shall be credited to the fund or account that title, and interest of the United States in military hospital recovered by the Navy and was used to cover the costs incurred by the and to a parcel of real property, including held at the installation. Secretary. Amounts so credited shall be any improvements thereon, consisting of ap- (b) PROPERTY RECEIVED IN EXCHANGE.—As merged with amounts in such fund or ac- proximately 28 acres and including all of the consideration for the conveyance of the real count, and shall be available for the same Maxwell Heights Housing site and located at property under subsection (a), the State purposes, and subject to the same conditions Maxwell Air Force Base, Alabama. shall convey to the United States a parcel of and limitations, as amounts in such fund or (b) CONSIDERATION.—(1) As consideration real property consisting of approximately account. for the conveyance of property under sub- five acres located in Point Lookout State (d) DESCRIPTION OF PROPERTY.—The exact section (a), the City shall convey to the Park, St. Mary’s County, Maryland. acreage and legal description of the property United States all right, title, and interest of (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) to be conveyed under subsection (a) shall be the City to a parcel of real property, includ- The Secretary may require the State to determined by a survey satisfactory to the ing any improvements thereon, consisting of cover costs to be incurred by the Secretary, Secretary. approximately 35 acres and designated as or to reimburse the Secretary for costs in- (e) ADDITIONAL TERMS AND CONDITIONS.— project AL 6–4, that is owned by the City and curred by the Secretary, to carry out the The Secretary may require such additional is contiguous to Maxwell Air Force Base, for conveyance under subsection (a), including terms and conditions in connection with the the purpose of allowing the Secretary to in- survey costs, costs related to environmental conveyance under subsection (a) as the Sec- corporate such property into a project for documentation, relocation expenses incurred retary considers appropriate to protect the the acquisition or improvement of military under subsection (b), and other administra- interests of the United States. housing under subchapter IV of chapter 169 tive costs related to the conveyance. If SEC. 2829. LAND CONVEYANCE, FORMER GRIF- of title 10, United States Code. The Sec- amounts are collected from the State in ad- FISS AIR FORCE BASE, NEW YORK. retary shall have administrative jurisdiction vance of the Secretary incurring the actual (a) CONVEYANCE AUTHORIZED.—(1) The Sec- over the real property received under this costs, and the amount collected exceeds the retary of the Air Force may convey to the subsection. costs actually incurred by the Secretary to Oneida County Industrial Development (2) If the fair market value of the real carry out the conveyance, the Secretary Agency, New York, the local reuse authority property received under paragraph (1) is less shall refund the excess amount to State. (2) Amounts received as reimbursement for the former Griffiss Air Force Base (in than the fair market value of the real prop- under paragraph (1) shall be credited to the this section referred to as the ‘‘Authority’’), erty conveyed under subsection (a) (as deter- fund or account that was used to cover the all right, title and interest of the United mined pursuant to an appraisal acceptable to costs incurred by the Secretary in carrying States in and to a parcel of real property the Secretary), the Secretary may require out the conveyance. Amounts so credited consisting of 9.639 acres and including four the City to provide, pursuant to negotiations shall be merged with amounts in such fund buildings described in paragraph (2) that between the Secretary and the City, in-kind or account, and shall be available for the were vacated by the Air Force in conjunction consideration the value of which when added same purposes, and subject to the same con- with its relocation to the Consolidated Intel- to the fair market value of the property conditions and limitations, as amounts in such ligence and Reconnaissance Laboratory at veyed under subsection (b) equals the fair fund or account. Air Force Research Laboratory—Rome Re- market value of the property conveyed under (d) DESCRIPTION OF PROPERTY.—The exact search Site, Rome, New York. subsection (a). acreage and legal description of the prop- (2) The buildings described in this para- (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) erties to be conveyed under this section shall graph are the buildings located on the real The Secretary may require the City to cover be determined by surveys satisfactory to the property referred in paragraph (1) as follows: costs to be incurred by the Secretary, or to Secretary. (A) Building 240 (117,323 square feet). reimburse the Secretary for costs incurred (e) ADDITIONAL TERMS AND CONDITIONS.— (B) Building 247 (13,199 square feet). by the Secretary, to carry out the convey- The Secretary may require such additional (C) Building 248 (4,000 square feet). ances under subsections (a) and (b), including terms and conditions in connection with the (D) Building 302 (20,577 square feet). survey costs, costs related to environmental conveyances under this section as the Sec- (3) The purpose of the conveyance under documentation, and other administrative retary considers appropriate to protect the this subsection is to permit the Authority to costs related to the conveyances. If amounts interests of the United States. develop the parcel and structures conveyed are collected from the City in advance of the SEC. 2832. LAND CONVEYANCE, MARCH AIR for economic purposes in a manner con- Secretary incurring the actual costs, and the FORCE BASE, CALIFORNIA. sistent with the Defense Base Closure and amount collected exceeds the costs actually (a) CONVEYANCE AUTHORIZED.—The Sec- Realignment Act of 1990 (part A of title incurred by the Secretary to carry out the retary of the Air Force may convey to the XXIX of Public Law 101–510; 10 U.S.C. 2687 conveyance, the Secretary shall refund the March Joint Powers Authority (in this sec- note). excess amount to the City. tion referred to as the ‘‘MJPA’’) all right, (b) CONDITION OF CONVEYANCE.—The con- (2) Amounts received as reimbursement title, and interest of the United States in veyance under subsection (a) shall be subject under paragraph (1) shall be credited to the and to a parcel of real property, including to the condition that the Authority accept fund or account that was used to cover the any improvements thereon, consisting of ap- the real property in its condition at the time costs incurred by the Secretary in carrying proximately 15 acres located in Riverside of the conveyance, commonly known as con- out the conveyances. Amounts so credited County, California, and containing the veyance ‘‘as is’’. shall be merged with amounts in such fund former Defense Reutilization and Marketing (c) CONSIDERATION.—As consideration for or account, and shall be available for the Office facility for March Air Force Base, the conveyance of property under subsection same purposes, and subject to the same con- which is also known as Parcel A–6, for the (a), the Authority shall pay the United ditions and limitations, as amounts in such purpose of economic development and revi- States an amount equal to the fair market of fund or account. talization. value, as determined by the Secretary. (d) DESCRIPTION OF PROPERTY.—The exact (b) CONSIDERATION.—(1) As consideration (d) TREATMENT OF PROCEEDS.—Any consid- acreage and legal description of the property for the conveyance of property under sub- eration received under subsection (c) shall be to be conveyed under subsections (a) and (b) section (a), the MJPA shall pay the United deposited in the Department of Defense Base shall be determined by surveys satisfactory States an amount equal to the fair market Closure Account 1990 established by section to the Secretary. value, as determined by the Secretary, of the 2906 of the Defense Base Closure and Realign- (e) ADDITIONAL TERMS AND CONDITIONS.— property to be conveyed under such sub- ment Act of 1990, and shall be available for The Secretary may require such additional section. use in accordance with subsection (b) of such terms and conditions in connection with the (2) The consideration received under this section. conveyances under subsections (a) and (b) as subsection shall be deposited in the special (e) DESCRIPTION OF PROPERTY.—The exact the Secretary considers appropriate to pro- account in the Treasury established under acreage and legal description of the real tect the interests of the United States. section 572(b) of title 40, United States Code, property to be conveyed under subsection (a) SEC. 2831. LAND EXCHANGE, NAVAL AIR STATION, and available in accordance with the provi- shall be determined by a survey satisfactory PATUXENT RIVER, MARYLAND. sions of paragraph (5)(B)(ii). to the Secretary. The cost of the survey (a) CONVEYANCE AUTHORIZED.—The Sec- (c) DESCRIPTION OF PROPERTY.—The exact shall be borne by the Authority. retary of the Navy may convey to the State acreage and legal description of the real

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00141 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.083 S06PT1 S7670 CONGRESSIONAL RECORD — SENATE July 6, 2004 property to be conveyed under subsection (a) or account from which the costs were paid. SEC. 2835. LAND CONVEYANCE, LOUISIANA ARMY shall be determined by a survey satisfactory Amounts so credited shall be merged with AMMUNITION PLANT, DOYLINE, LOU- to the Secretary. The cost of the survey funds in such appropriation, fund, or ac- ISIANA. shall be borne by the MJPA. count, and shall be available for the same (a) CONVEYANCE AUTHORIZED.—The Sec- (d) ADDITIONAL TERMS AND CONDITIONS.— purposes, and subject to the same limita- retary of the Army may convey to the State The Secretary may require such additional tions, as the funds with which merged. of Louisiana (in this section referred to as terms and conditions in connection with the (f) DESCRIPTION OF PROPERTY.—The exact the ‘‘State’’) all right, title, and interest of conveyance under subsection (a) as the Sec- acreage and legal description of the real the United States in and to a parcel of real retary considers appropriate to protect the property to be conveyed under subsection (a) property, including any improvements there- interests of the United States. shall be determined by a survey jointly satis- on, consisting of approximately 14,949 acres SEC. 2833. LAND CONVEYANCE, SUNFLOWER factory to the Secretary and the Adminis- located at the Louisiana Army Ammunition ARMY AMMUNITION PLANT, KANSAS. trator. Plant, Doyline, Louisiana. (a) CONVEYANCE AUTHORIZED.—The Sec- (g) ADDITIONAL TERMS AND CONDITIONS.— (b) CONSIDERATION.—As consideration for retary of the Army, in consultation with the The Secretary and the Administrator may the conveyance of property under subsection Administrator of General Services, may con- require such additional terms and conditions (a), the State shall— vey to an entity selected by the Board of in connection with the conveyance of real (1) maintain at least 13,500 acres of such Commissioners of Johnson County, Kansas property under subsection (a), and the envi- property for the purpose of military train- (in this section referred to as the ‘‘entity’’ ronmental remediation and explosives cleaning, unless the Secretary determines that and the ‘‘Board’’, respectively), all right, up under subsection (d), as the Secretary and fewer acres are required for such purpose; title, and interest of the United States in the Administrator jointly consider appro- (2) ensure that any other uses that are and to a parcel of real property, including priate to protect the interests of the United made of the property conveyed under sub- any improvements thereon, consisting of ap- States. proximately 9,065 acres and containing the section (a) do not adversely impact military Sunflower Army Ammunition Plant. The SEC. 2834. LAND CONVEYANCE, NAVAL WEAPONS training; purpose of the conveyance is to facilitate the STATION, CHARLESTON, SOUTH (3) accommodate the use of such property, CAROLINA. re-use of the property for economic develop- at no cost or fee, for meeting the present and ment and revitalization. (a) CONVEYANCE AUTHORIZED.—The Sec- future training needs of Armed Forces units, (b) CONSIDERATION.—(1) As consideration retary of the Navy may convey to the Berke- including units of the Louisiana National for the conveyance under subsection (a), the ley County Sanitation Authority, South Guard and the other active and reserve com- entity shall provide the United States, Carolina (in this section referred to as the ponents of the Armed Forces; whether by cash payment, in-kind contribu- ‘‘Authority’’), all right, title, and interest of (4) assume, starting on the date that is five tion, or a combination thereof, an amount the United States in and to a parcel of real years after the date of the conveyance of that is not less than the fair market value, property, including any improvements there- such property, responsibility for any moni- as determined by an appraisal of the prop- on, consisting of not more than 38 acres and toring, sampling, or reporting requirements erty acceptable to the Administrator and the comprising a portion of the Naval Weapons that are associated with the environmental Secretary. The Secretary may authorize the Station, Charleston, South Carolina, for the restoration activities of the Army on the entity to carry out, as in-kind consideration, purpose of allowing the Authority to expand Louisiana Army Ammunition Plant, and environmental remediation activities for the an existing sewage treatment plant. shall bear such responsibility until such property conveyed under such subsection. (b) CONSIDERATION.—As consideration for time as such monitoring, sampling, or re- (2) The Secretary shall deposit any cash re- the conveyance of property under subsection porting is no longer required; and ceived as consideration under this subsection (a), the Authority shall provide the United (5) assume the rights and responsibilities in a special account established pursuant to States, whether by cash payment, in-kind of the Army under the armaments retooling section 572(b) of title 40, United States Code, services, or a combination thereof, an manufacturing support agreement between to pay for environmental remediation and amount that is not less than the fair market the Army and the facility use contractor explosives cleanup of the property conveyed value, as determined by an appraisal accept- with respect to the Louisiana Army Ammu- under subsection (a). able to the Secretary, of the property con- nition Plant in accordance with the terms of (c) CONSTRUCTION WITH PREVIOUS LAND veyed under such subsection. such agreement in effect at the time of the CONVEYANCE AUTHORITY ON SUNFLOWER ARMY (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) conveyance. AMMUNITION PLANT.—The authority in sub- The Secretary may require the Authority to (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) section (a) to make the conveyance described cover costs incurred by the Secretary, or to in that subsection is in addition to the au- The Secretary may require the State to reimburse the Secretary for costs incurred cover costs to be incurred by the Secretary, thority under section 2823 of the Military by the Secretary, to carry out the convey- or to reimburse the Secretary for costs in- Construction Authorization Act for Fiscal ance under subsection (a), including ap- curred by the Secretary, to carry out the Year 2003 (division B of Public Law 107–314; praisal costs, survey costs, costs related to conveyance under subsection (a), including 116 Stat. 2712) to make the conveyance de- compliance with the National Environ- survey costs, costs related to environmental scribed in that section. mental Policy Act of 1969 (42 U.S.C. 4321 et documentation, and other administrative (d) ENVIRONMENTAL REMEDIATION AND EX- seq.) and environmental remediation, and PLOSIVES CLEANUP.—(1) Notwithstanding any other administrative costs related to the costs related to the conveyance. If amounts other provision of law, the Secretary may conveyance. If the amounts are collected are collected from the State in advance of enter into a multi-year cooperative agree- from the Authority in advance of the Sec- the Secretary incurring the actual costs, and ment or contract with the entity to under- retary incurring the actual costs, and the the amount collected exceeds the costs actu- take environmental remediation and explo- amount collected exceeds the costs actually ally incurred by the Secretary to carry out sives cleanup of the property, and may uti- incurred by the Secretary to carry out the the conveyance, the Secretary shall refund lize amounts authorized to be appropriated conveyance, the Secretary shall refund the the excess amount to State. for the Secretary for purposes of environ- excess amount to the Authority. (2) Amounts received as reimbursement mental remediation and explosives cleanup (2) Amounts received as reimbursement under paragraph (1) shall be credited to the under the agreement. under paragraph (1) shall be credited to the (2) The terms of the cooperative agreement fund or account that was used to cover the fund or account that was used to cover the or contract may provide for advance pay- costs incurred by the Secretary in carrying costs incurred by the Secretary in carrying ments on an annual basis or for payments on out the conveyance. Amounts so credited out the conveyance. Amounts so credited a performance basis. Payments may be made shall be merged with amounts in such fund shall be merged with amounts in such fund over a period of time agreed to by the Sec- or account, and shall be available for the or account, and shall be made available for retary and the entity or for such time as same purposes, and subject to the same con- the same purposes, and subject to the same may be necessary to perform the environ- ditions and limitations, as amounts in such conditions and limitations, as amounts in mental remediation and explosives cleanup fund or account. such fund or account. of the property, including any long-term op- (d) DESCRIPTION OF PROPERTY.—The exact (d) DESCRIPTION OF PROPERTY.—The exact eration and maintenance requirements. acreage and legal description of the real acreage and legal description of the property (e) PAYMENT OF COSTS OF CONVEYANCE.—(1) property to be conveyed under subsection (a) to be conveyed under subsection (a) shall be The Secretary may require the entity or shall be determined by surveys satisfactory other persons to cover costs to be incurred determined by a survey satisfactory to the Secretary. The cost of the survey shall be to the Secretary. The cost of each survey by the Secretary, or to reimburse the Sec- shall be borne by the State. retary for costs incurred by the Secretary, to borne by the Authority. carry out the conveyance under subsection (e) ADDITIONAL TERMS AND CONDITIONS.— (e) ADDITIONAL TERMS AND CONDITIONS.— (a), including survey costs, costs related to The Secretary may require such additional The Secretary may require such additional environmental, and other administrative terms and conditions in connection with the terms and conditions in connection with the costs related to the conveyance. conveyance under subsection (a) as the Sec- conveyance under subsection (a) as the Sec- (2) Amounts received under paragraph (1) retary considers appropriate to protect the retary considers appropriate to protect the shall be credited to the appropriation, fund, interests of the United States. interests of the United States.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00142 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.083 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7671 SEC. 2836. MODIFICATION OF AUTHORITY FOR title 10, United States Code, shall be deemed SEC. 2843. DEVELOPMENT OF HERITAGE CENTER LAND CONVEYANCE, EQUIPMENT to be $3,000,000; FOR THE NATIONAL MUSEUM OF AND STORAGE YARD, CHARLESTON, (2) the amount provided in subsection (b)(1) THE UNITED STATES ARMY. SOUTH CAROLINA. of such section shall be deemed to be (a) AUTHORITY TO ENTER INTO AGREE- Section 563(h) of the Water Resources De- $1,500,000; and MENT.—(1) The Secretary of the Army may velopment Act of 1999 (Public Law 106–53; 113 (3) the amount provided in subsection enter into an agreement with the Army His- Stat. 360) is amended to read as follows: torical Foundation, a nonprofit organization, ‘‘(h) CHARLESTON, SOUTH CAROLINA.— (c)(1)(B) of such section shall be deemed to be $1,000,000. for the design, construction, and operation of ‘‘(1) IN GENERAL.—The Secretary may con- a facility or group of facilities at Fort (c) PROGRAM REQUIREMENTS.—(1) Not later vey to the City of Charleston, South Caro- Belvoir, Virginia (in this section referred to than 30 days before commencing the pro- lina (in this section referred to as the ‘City’), as the ‘‘center’’), for the National Museum of gram, the Secretary shall— all right, title, and interest of the United the United States Army. (A) designate the Department laboratories States in and to a parcel of real property of (2) The center shall be used for the identi- at which construction may be carried out the Corps of Engineers, together with any fication, curation, storage, and public view- under the program; and improvements thereon, that is known as the ing of artifacts and artwork of significance (B) establish procedures for the review and Equipment and Storage Yard and consists of to the United States Army, as agreed to by approval of requests from Department lab- approximately 1.06 acres located on Meeting the Secretary. oratories to carry out such construction. Street in Charleston, South Carolina, in as- (3) The center may also be used to support is condition. (2) The laboratories designated under para- such education, training, research, and asso- ‘‘(2) CONSIDERATION.—As consideration for graph (1)(A) may not include Department ciated purposes as the Secretary considers the conveyance of property under paragraph laboratories that are contractor owned. appropriate. (1), the City shall provide the United States, (3) The Secretary shall notify Congress of (b) DESIGN AND CONSTRUCTION.—(1) The de- whether by cash payment, in-kind contribu- the Department laboratories designated sign of the center shall be subject to the ap- tion, or a combination thereof, an amount under paragraph (1)(A). proval of the Secretary. that is not less than the fair market value of (d) REPORT.—Not later than September 30, (2) For each phase of the development of the property conveyed, as determined by the 2005, the Secretary shall submit to the con- the center, the Secretary may— Secretary. gressional defense committees a report on (A) accept funds from the Army Historical ‘‘(3) USE OF PROCEEDS.—Amounts received the program under this section. The report Foundation for the design and construction as consideration under this subsection may shall include— of such phase of the center; or be used by the Corps of Engineers, Charles- (1) a list and description of the construc- (B) permit the Army Historical Foundation ton District, as follows: tion projects carried out under the program, to contract for the design and construction ‘‘(A) Any amounts received as consider- and of any projects carried out under the of such phase of the center. ation may be used to carry out activities program referred to in subsection (a) during (c) ACCEPTANCE OF FACILITY.—(1) Upon sat- under this Act, notwithstanding any require- the period beginning on October 1, 2003, and isfactory completion, as determined by the ments associated with the Plant Replace- Secretary, of any phase of the center, and ment and Improvement Program (PRIP), in- ending on the date of the enactment of this upon the satisfaction of any and all financial cluding— Act, including the location and costs of each obligations incident thereto by the Army ‘‘(i) leasing, purchasing, or constructing an such project; and Historical Foundation, the Secretary shall office facility within the boundaries of (2) the assessment of the Secretary of the Charleston, Berkeley, and Dorchester Coun- advisability of extending or expanding the accept such phase of the center from the ties, South Carolina; and authority for the program under this sec- Army Historical Foundation, and all right, ‘‘(ii) satisfying any PRIP balances. tion. title, and interest in and to such phase of the ‘‘(B) Any amounts received as consider- (e) CONSTRUCTION OF AUTHORITY.—Nothing center shall vest in the United States. ation that are in excess of the fair market in this section may be construed to limit any (2) Upon becoming property of the United value of the property conveyed under para- other authority provided by law for any mili- States, a phase of the center accepted under graph (1) may be used for any authorized ac- tary construction project at a Department paragraph (1) shall be under the jurisdiction tivities of the Corps of Engineers, Charleston laboratory covered by the program. of the Secretary. (d) USE OF CERTAIN GIFTS.—(1) Under regu- District. (f) DEFINITIONS.—In this section: lations prescribed by the Secretary, the ‘‘(4) DESCRIPTION OF PROPERTY.—The exact (1) The term ‘‘laboratory’’ includes— acreage and legal description of the real (A) a research, engineering, and develop- Commander of the United States Army Cen- property to be conveyed under paragraph (1) ment center; ter of Military History may, without regard and any property transferred to the United (B) a test and evaluation activity owned, to section 2601 of title 10, United States States as consideration under paragraph (2) funded, and operated by the Federal Govern- Code, accept, hold, administer, invest, and shall be determined by surveys satisfactory ment through the Department of Defense; spend any gift, devise, or bequest of personal to the Secretary. and property of a value of $250,000 or less made to the United States if such gift, devise, or be- ‘‘(5) ADDITIONAL TERMS AND CONDITIONS.— (C) a supporting facility of a laboratory. The Secretary may require such additional (2) The term ‘‘supporting facility’’, with request is for the benefit of the National Mu- terms and conditions in connection with the spect to a laboratory, means any building or seum of the United States Army or the cen- conveyance under paragraph (1) as the Sec- structure that is used in support of research, ter. (2) The Secretary may pay or authorize the retary considers appropriate to protect the development, test, and evaluation at the lab- payment of any reasonable and necessary ex- interests of the United States.’’. oratory. pense in connection with the conveyance or (g) EXPIRATION OF AUTHORITY.—The au- Subtitle D—Other Matters transfer of a gift, devise, or bequest under thority to carry out a project under the pro- SEC. 2841. DEPARTMENT OF DEFENSE FOLLOW- this subsection. gram under this section expires on Sep- ON LABORATORY REVITALIZATION (e) LEASE OF FACILITY.—(1) The Secretary DEMONSTRATION PROGRAM. tember 30, 2006. may lease, under such terms and conditions (a) FOLLOW-ON PROGRAM AUTHORIZED.—(1) SEC. 2842. JURISDICTION AND UTILIZATION OF as the Secretary considers appropriate for The Secretary of Defense may carry out a FORMER PUBLIC DOMAIN LANDS, the agreement authorized by subsection (a), program (to be known as the ‘‘Department of UMATILLA CHEMICAL DEPOT, OR- portions of the center developed under that Defense Follow-On Laboratory Revitaliza- EGON. subsection to the Army Historical Founda- tion Demonstration Program’’) for the revi- (a) JURISDICTION.—The various parcels of tion for use by the public, commercial and talization of Department of Defense labora- real property consisting of approximately tories. Under the program, the Secretary nonprofit entities, State and local govern- 8,300 acres and located within the boundaries ments, and other departments and agencies may carry out minor military construction of Umatilla Chemical Depot, Oregon, that projects in accordance with subsection (b) of the Federal Government for use in gener- were previously withdrawn from the public ating revenue for activities of the center and and other applicable law to improve labora- domain are determined to be no longer suit- tories covered by the program. for such administrative purposes as may be able for return to the public domain and are (2) The program under this section is the necessary for the support of the center. successor program to the Department of De- hereby transferred to the administrative ju- (2) The amount of consideration paid to the fense Laboratory Revitalization Demonstra- risdiction of the Secretary of the Army. Secretary by the Army Historical Founda- tion Program carried out under section 2892 (b) UTILIZATION.—The Secretary shall com- tion for a lease under paragraph (1) may not of the Military Construction Authorization bine the real property transferred under sub- exceed an amount equal to the actual cost, Act for Fiscal Year 1996 (division B of Public section (a) with other lands and lesser inter- as determined by the Secretary, of the oper- Law 104–106; 10 U.S.C. 2805 note). ests comprising the Umatilla Chemical ations and maintenance of the center. (b) INCREASED MAXIMUM AMOUNTS APPLICA- Depot for purposes of their management and (3) Notwithstanding any other provision of BLE TO MINOR CONSTRUCTION PROJECTS.—For disposal pursuant to title II of the Defense law, the Secretary shall use amounts paid purpose of any military construction project Authorization Amendments and Base Clo- under paragraph (2) to cover the costs of op- carried out under the program— sure and Realignment Act of 1988 (Public eration of the center. (1) the amount provided in the second sen- Law 100–526; 10 U.S.C. 2687 note) and other (f) ADDITIONAL TERMS AND CONDITIONS.— tence of subsection (a)(1) of section 2805 of applicable law. The Secretary may require such additional

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00143 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.083 S06PT1 S7672 CONGRESSIONAL RECORD — SENATE July 6, 2004 terms and conditions in connection with the TITLE XXIX—MARITIME ADMINISTRATION (4) For naval reactors: agreement authorized by subsection (a) as SEC. 2901. MODIFICATION OF PRIORITY AF- Project 05–N–900, materials development the Secretary considers appropriate to pro- FORDED APPLICATIONS FOR NA- facility building, Schenectady, New York, tect the interests of the United States. TIONAL DEFENSE TANK VESSEL $6,200,000. CONSTRUCTION ASSISTANCE. SEC. 2844. AUTHORITY TO SETTLE CLAIM OF OAK- SEC. 3102. DEFENSE ENVIRONMENTAL MANAGE- LAND BASE REUSE AUTHORITY AND Section 3542(d) of the Maritime Security MENT. REDEVELOPMENT AGENCY OF THE Act of 2003 (title XXXV of Public Law 108– (a) AUTHORIZATION OF APPROPRIATIONS.— CITY OF OAKLAND, CALIFORNIA. 136; 117 Stat. 1821; 46 U.S.C. 53101 note) is Funds are hereby authorized to be appro- (a) AUTHORITY.—The Secretary of the Navy amended— priated to the Department of Energy for fis- may pay funds as agreed to by both parties, (1) in paragraph (1), by striking ‘‘and’’ at cal year 2005 for environmental management in the amount of $2,100,000, to the Oakland the end; activities in carrying out programs nec- Base Reuse Authority and Redevelopment (2) by redesignating paragraph (2) as para- essary for national security in the amount of Agency of the City of Oakland, California, in graph (3); and $6,954,402,000, to be allocated as follows: settlement of Oakland Base Reuse Authority (3) by inserting after paragraph (1) the fol- (1) For defense site acceleration comple- and Redevelopment Agency of the City of lowing new paragraph (2): tion, $5,971,932,000. Oakland v. the United States, Case No. C02– ‘‘(2) shall give priority consideration to a (2) For defense environmental services, 4652 MHP, United States District Court, proposal submitted by an applicant who has $982,470,000. Northern District of California, including been accepted for participation in the Ship- any appeal. board Technology Evaluation Program as (b) AUTHORIZATION OF NEW PLANT (b) CONSIDERATION.—As consideration, the outlined in Navigation and Vessel Inspection PROJECT.—From funds referred to in sub- Oakland Base Reuse Authority and Redevel- Circular 01–04, issued by the Commandant of section (a)(2) that are available for carrying opment Agency shall agree that the payment the United States Coast Guard on January 2, out plant projects, the Secretary of Energy constitutes a final settlement of all claims 2004; and’’. may carry out, for environmental management activities, the following new plant against the United States related to said DIVISION C—DEPARTMENT OF ENERGY case and give to the Secretary a release of project: NATIONAL SECURITY AUTHORIZATIONS Project 05–D–405, salt waste processing fa- all claims to the eighteen officer housing AND OTHER AUTHORIZATIONS units located at the former Naval Medical cility, Savannah River Site, Aiken, South TITLE XXXI—DEPARTMENT OF ENERGY Center Oakland, California. The release shall Carolina, $52,000,000. NATIONAL SECURITY PROGRAMS be in a form that is satisfactory to the Sec- SEC. 3103. OTHER DEFENSE ACTIVITIES. Subtitle A—National Security Programs retary. Funds are hereby authorized to be appro- Authorizations (c) SOURCE OF FUNDS.—The Secretary may priated to the Department of Energy for fis- use funds in the Department of Defense Base SEC. 3101. NATIONAL NUCLEAR SECURITY AD- cal year 2005 for other defense activities in Closure Account 1990 established pursuant to MINISTRATION. carrying out programs necessary for na- (a) AUTHORIZATION OF APPROPRIATIONS.— section 2906 of the Defense Base Closure and tional security in the amount of $568,096,000. Realignment Act of 1990 (part A of title Funds are hereby authorized to be appro- SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. XXIX of Public Law 101–510; 10 U.S.C. 2687 priated to the Department of Energy for fis- note) for the payment authorized by sub- cal year 2005 for the activities of the Na- Funds are hereby authorized to be appro- section (a) or the proceeds of sale from the tional Nuclear Security Administration in priated to the Department of Energy for fis- eighteen housing units and property de- carrying out programs necessary for na- cal year 2005 for defense nuclear waste dis- scribed in subsection (b). tional security in the amount of posal for payment to the Nuclear Waste $9,165,145,000, to be allocated as follows: Fund established in section 302(c) of the Nu- SEC. 2845. COMPTROLLER GENERAL REPORT ON clear Waste Policy Act of 1982 (42 U.S.C. CLOSURE OF DEPARTMENT OF DE- (1) For weapons activities, $6,674,898,000. FENSE DEPENDENT ELEMENTARY (2) For defense nuclear nonproliferation ac- 10222(c)) in the amount of $108,000,000. AND SECONDARY SCHOOLS AND tivities, $1,348,647,000. Subtitle B—Program Authorizations, COMMISSARY STORES. (3) For naval reactors, $797,900,000. Restrictions, and Limitations (a) COMPTROLLER GENERAL REPORT.—Not (4) For the Office of the Administrator for later than 180 days after the date of the en- Nuclear Security, $343,700,000. SEC. 3111. LIMITATION ON AVAILABILITY OF FUNDS FOR MODERN PIT FACILITY. actment of this Act, the Comptroller General (b) AUTHORIZATION OF NEW PLANT of the United States shall submit to the ap- PROJECTS.—From funds referred to in sub- (a) LIMITATION.—Of the amount authorized propriate committees of Congress a report section (a) that are available for carrying to be appropriated by section 3101(a)(1) for that includes the following: out plant projects, the Secretary of Energy the National Nuclear Security Administra- (1) With respect to Department of Defense may carry out new plant projects for weap- tion for weapons activities and available for dependent elementary and secondary ons activities, as follows: the Modern Pit Facility, not more than 50 schools— (1) For readiness in technical base and fa- percent of such amount may be obligated or (A) an assessment by the Comptroller Gen- cilities: expended until 30 days after the latter of the eral of the policy of the Department of De- Project 05–D–140, Readiness in Technical following: fense, and the criteria utilized by the De- Base and Facilities Program (RTBF), project (1) The date of the submittal of the revised partment, regarding the closure of schools, engineering and design (PED), various loca- nuclear weapons stockpile plan specified in including whether or not such policy and cri- tions, $11,600,000. the joint explanatory statement to accom- teria are consistent with Department poli- Project 05–D–401, Building 12–64 production pany the report of the Committee on Con- cies and procedures on the preservation of bays upgrade, Pantex Plant, Amarillo, ference on the bill H.R. 2754 of the 108th Con- the quality of life of members of the Armed Texas, $25,000,000. gress. Forces; and Project 05–D–402, Beryllium Capability (2) The date on which the Administrator (B) an assessment by the Comptroller Gen- (BeC) Project, Y–12 National Security Com- for Nuclear Security submits to the congres- eral of any current or on-going studies or as- plex, Oak Ridge, Tennessee, $3,627,000. sional defense committees a report setting sessments of the Department with respect to (2) For facilities and infrastructure recapi- forth the validated pit production require- any of the schools. talization: ments for the Modern Pit Facility. (2) With respect to commissary stores— Project 05–D–160, Facilities and Infrastruc- (b) VALIDATED PIT PRODUCTION REQUIRE- (A) an assessment by the Comptroller Gen- ture Recapitalization Program (FIRP), MENTS.—(1) The validated pit production re- eral of the policy of the Department of De- project engineering and design (PED), var- quirements in the report under subsection fense, and the criteria utilized by the De- ious locations, $8,700,000. (a)(2) shall be established by the Adminis- partment, regarding the closure of com- Project 05–D–601, compressed air upgrades, trator in conjunction with the Chairman of missary stores, including whether or not Y–12 National Security Complex, Oak Ridge, the Nuclear Weapons Council. such policy and criteria are consistent with Tennessee, $4,400,000. (2) The validated pit production require- Department policies and procedures on the Project 05–D–602, power grid infrastructure ments shall— preservation of the quality of life of mem- upgrade (PGIU), Los Alamos National Lab- (A) include specifications regarding the bers of the Armed Forces; and oratory, Los Alamos, New Mexico, $10,000,000. number of pits that will be required to be (B) an assessment by the Comptroller Gen- Project 05–D–603, new master substation, produced in order to support the weapons eral of any current or on-going studies or as- technical areas I and IV, Sandia National that will be retained in the nuclear weapons sessments of the Department with respect to Laboratories, Albuquerque, New Mexico, stockpile, set forth by weapon type and by any of the commissary stores. $600,000. year; and (b) APPROPRIATE COMMITTEES OF CONGRESS (3) For safeguards and security: (B) take into account any surge capacity DEFINED.—In this section, the term ‘‘appro- Project 05–D–170, safeguards and security, that may be included in the annual pit propriate committees of Congress’’ means— project engineering and design (PED), var- duction capability. (1) the Committee on Armed Services of ious locations, $17,000,000. (c) FORM OF REPORT.—The report described the Senate; and Project 05–D–701, security perimeter, Los in subsection (a)(2) shall be submitted in un- (2) the Committee on Armed Services of Alamos National Laboratory, Los Alamos, classified form, but may include a classified the House of Representatives. New Mexico, $20,000,000. annex.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00144 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.084 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7673 SEC. 3112. LIMITATION ON AVAILABILITY OF (2) The submittal of the report required by by rule approved by the Nuclear Regulatory FUNDS FOR ADVANCED NUCLEAR subsection (c) of such section. Commission; WEAPONS CONCEPTS INITIATIVE. SEC. 3114. MODIFICATION OF MILESTONE AND (2) has had highly radioactive radio- (a) LIMITATION.—None of the funds author- REPORT REQUIREMENTS FOR NA- nuclides removed to the maximum extent ized to be appropriated by this title may be TIONAL IGNITION FACILITY. practical in accordance with the Nuclear obligated or expended for purposes of addi- (a) NOTIFICATION ON MILESTONES TO Regulatory Commission-approved criteria; tional or exploratory studies under the Ad- ACHIEVE IGNITION.—Subsection (a) of section and vanced Nuclear Weapons Concepts Initiative 3137 of the National Defense Authorization (3) in the case of material derived from the until 30 days after the date on which the Ad- Act for Fiscal Year 2002 (Public Law 107–107; storage tanks, is disposed of in a facility (in- ministrator for Nuclear Security submits to 115 Stat. 1369) is amended by striking ‘‘each cluding a tank) within the State pursuant to the congressional defense committees a de- Level I milestone and Level II milestone for a State-approved closure plan or a State- tailed report on the activities for such stud- the National Ignition Facility.’’ and insert- issued permit, authority for the approval or ies under the Initiative that are planned for ing the following: ‘‘each milestone for the issuance of which is conferred on the State fiscal year 2005. National Ignition Facility as follows: outside of this Act. (b) FORM OF REPORT.—The report under ‘‘(1) Each Level I milestone. (b) INAPPLICABILITY TO CERTAIN MATE- subsection (a) shall be submitted in unclassi- ‘‘(2) Each Level II milestone. RIALS.—Subsection (a) shall not apply to any fied form, but may include a classified ‘‘(3) Each milestone to achieve ignition.’’. material otherwise covered by that sub- annex. (b) REPORT ON FAILURE OF TIMELY ACHIEVE- section that is transported from the State. SEC. 3113. LIMITED AUTHORITY TO CARRY OUT MENT OF MILESTONES.—Subsection (b) of such (c) SCOPE OF AUTHORITY TO CARRY OUT AC- NEW PROJECTS UNDER FACILITIES section is amended by striking ‘‘a Level I TIONS.—The Department of Energy may im- AND INFRASTRUCTURE RECAPITAL- milestone or Level II milestone for the Na- plement any action authorized— IZATION PROGRAM AFTER PROJECT tional Ignition Facility’’ and inserting ‘‘a (1) by a State-approved closure plan or SELECTION DEADLINE. milestone for the National Ignition Facility State-issued permit in existence on the date (a) LIMITED AUTHORITY TO CARRY OUT NEW referred to in subsection (a)’’. of enactment of this section; or PROJECTS.—Section 3114(a) of the National (c) MILESTONES TO ACHIEVE IGNITION.—Sub- (2) by a closure plan approved by the State Defense Authorization Act for Fiscal Year section (c) of such section is amended to read or a permit issued by the State during the 2004 (Public Law 108–136; 117 Stat. 1744; 50 as follows: pendency of the rulemaking provided for in U.S.C. 2453 note) is amended— ‘‘(c) MILESTONES.—For purposes of this sec- subsection (a). (1) in the subsection caption, by striking tion: Any such action may be completed pursuant ‘‘DEADLINE FOR’’; ‘‘(1) The Level I and Level II milestones for to the terms of the closure plan or the State- (2) in paragraph (2), by striking ‘‘No the National Ignition Facility are as estab- issued permit notwithstanding the final cri- project’’ and inserting ‘‘Except as provided lished in the August 2000 revised National Ig- teria adopted by the rulemaking pursuant to in paragraph (3), no project’’; and nition Facility baseline document. subsection (a). (3) by adding at the end the following new ‘‘(2) The milestones of the National Igni- (d) STATE DEFINED.—In this section, the paragraph: tion Facility to achieve ignition are such term ‘‘State’’ means the State of South ‘‘(3)(A) Subject to the provisions of this milestones (other than the milestones re- Carolina. (e) CONSTRUCTION.—(1) Nothing in this sec- paragraph, a project described in subpara- ferred to in paragraph (1)) as the Adminis- tion shall affect, alter, or modify the full im- graph (B) may be carried out under the Fa- trator shall establish on any activities at the plementation of— cilities and Infrastructure Recapitalization National Ignition Facility that are required (A) the settlement agreement entered into Program after December 31, 2004, if the Ad- to enable the National Ignition Facility to by the United States with the State of Idaho ministrator approves the project. The Ad- achieve ignition and be a fully functioning ministrator may not delegate the authority in the actions captioned Public Service Co. user facility by December 31, 2011.’’. of Colorado v. Batt, Civil No. 91–0035–S–EJL, to approve projects under the preceding sen- (d) SUBMITTAL TO CONGRESS OF MILESTONES and United States v. Batt, Civil No. 91–0054– tence. TO ACHIEVE IGNITION.—Not later than Janu- S–EJL, in the United States District Court ‘‘(B) A project described in this subpara- ary 31, 2005, the Administrator for Nuclear for the District of Idaho, and the consent graph is a project that consists of a specific Security shall submit to the congressional order of the United States District Court for building, facility, or other improvement (in- defense committees a report setting forth cluding fences, roads, or similar improve- the District of Idaho, dated October 17, 1995, the milestones of the National Ignition Fa- that effectuates the settlement agreement; ments). cility to achieve ignition as established by ‘‘(C) Funds may not be obligated or ex- (B) the Idaho National Engineering Lab- the Administration under subsection (c)(2) of oratory Federal Facility Agreement and pended for a project under this paragraph section 3137 of the National Defense Author- until 60 days after the date on which the Ad- Consent Order; or ization Act for Fiscal Year 2002, as amended (C) the Hanford Federal Facility Agree- ministrator submits to the congressional de- by subsection (c) of this section. The report fense committees a notice on the project, in- ment and Consent Order. shall include— (2) Nothing in this section establishes any cluding a description of the project and the (1) a description of each milestone estab- precedent or is binding on the State of Idaho, nature of the project, a statement explaining lished; and the State of Washington, the State of Or- why the project was not included in the Fa- (2) a proposal for the funding to be required egon, or any other State for the manage- cilities and Infrastructure Recapitalization to meet each such milestone. ment, storage, treatment, and disposition of Program under paragraph (1), and a state- (e) EXTENSION OF SUNSET.—Subsection (d) radioactive and hazardous materials. ment explaining why the project was not in- of section 3137 of such Act is amended by SEC. 3117. NATIONAL ACADEMY OF SCIENCES cluded in any other program under the juris- striking ‘‘September 30, 2004’’ and inserting STUDY. diction of the Administrator. ‘‘December 31, 2011’’. (a) REVIEW BY NATIONAL RESEARCH COUN- ‘‘(D) The total number of projects that SEC. 3115. MODIFICATION OF SUBMITTAL DATE CIL.—Not later than 30 days after the date of may be carried out under this paragraph in OF ANNUAL PLAN FOR STEWARD- the enactment of this Act, the Secretary of any fiscal year may not exceed five projects. SHIP, MANAGEMENT, AND CERTIFI- Energy shall enter into a contract with the ‘‘(E) The Administrator may not utilize CATION OF WARHEADS IN THE NU- National Research Council of the National the authority in this paragraph until 60 days CLEAR WEAPONS STOCKPILE. Academies to conduct a study of the nec- after the later of— Section 4203(c) of the Atomic Energy De- essary technologies and research gaps in the ‘‘(i) the date of the submittal to the con- fense Act (50 U.S.C. 2523(c)) is amended is Department of Energy’s program to remove gressional defense committees of a list of the amended by striking ‘‘March 15 of each year high-level radioactive waste from the stor- projects selected for inclusion in the Facili- thereafter’’ and inserting ‘‘May 1 of each age tanks at the Department’s sites in South ties and Infrastructure Recapitalization Pro- year thereafter’’. Carolina, Washington and Idaho. gram under paragraph (1); or SEC. 3116. DEFENSE SITE ACCELERATION COM- (b) MATTERS TO BE ADDRESSED IN STUDY.— ‘‘(ii) the date of the submittal to the con- PLETION. The study shall address the following: gressional defense committees of the report (a) IN GENERAL.—Notwithstanding any (1) the quantities and characteristics of required by subsection (c). other provision of law, with respect to mate- waste in each high-level waste storage tank ‘‘(F) A project may not be carried out rial stored at a Department of Energy site at described in paragraph (a), including data under this paragraph unless the project will which activities are regulated by the State uncertainties; be completed by September 30, 2011.’’. pursuant to approved closure plans or per- (2) the technologies by which high-level ra- (b) CONSTRUCTION OF AUTHORITY.—The mits issued by the State, high-level radio- dioactive waste is currently being removed amendments made by subsection (a) may not active waste does not include radioactive from the tanks for final disposal under the be construed to authorize any delay in either material resulting from the reprocessing of Nuclear Waste Policy Act; of the following: spent nuclear fuel that the Secretary of En- (3) technologies currently available but (1) The selection of projects for inclusion ergy determines— not in use in removing high-level radioactive in the Facilities and Infrastructure Recapi- (1) does not require permanent isolation in waste from the tanks; talization Program under subsection (a) of a deep geologic repository for spent fuel or (4) any technology gaps that exist to effect section 3114 of the National Defense Author- highly radioactive waste pursuant to criteria the removal of high-level radioactive waste ization Act for Fiscal Year 2004. promulgated by the Department of Energy from the tanks;

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00145 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.084 S06PT1 S7674 CONGRESSIONAL RECORD — SENATE July 6, 2004 (5) other matters that in the judgement of SEC. 3119. AUTHORITY TO CONSOLIDATE COUN- (5) Actions under section 3116. the National Research Council directly re- TERINTELLIGENCE OFFICES OF DE- (b) SITES.—The sites referred to in this late to the focus of this study. PARTMENT OF ENERGY AND NA- subsection are as follows: TIONAL NUCLEAR SECURITY ADMIN- (1) The Idaho National Engineering and (c) TIME LIMITATION.—The National Re- ISTRATION WITHIN NATIONAL NU- search Council shall conduct the review over CLEAR SECURITY ADMINISTRATION. Environmental Laboratory, Idaho. (2) The Savannah River Site, Aiken, South a one year period beginning upon execution (a) AUTHORITY.—The Secretary of Energy of the contract described in subsection (a). may consolidate the counterintelligence pro- Carolina. (3) The Hanford Site, Richland, Wash- (d) REPORTS.—(1) The National Research grams and functions referred to in sub- ington. Council shall submit its findings, conclu- section (b) within the Office of Defense Nu- clear Counterintelligence of the National (c) EFFECTIVE DATE.—This section shall be- sions and recommendations to the Secretary come effective 1 day after enactment. of Energy and to the relevant Committees of Nuclear Security Administration and provide for their discharge by that Office. SEC. 3121. LOCAL STAKEHOLDER ORGANIZA- jurisdiction of the United States Senate and TIONS FOR DEPARTMENT OF EN- (b) COVERED PROGRAMS AND FUNCTIONS.— House of Representatives. ERGY ENVIRONMENTAL MANAGE- (2) The final report shall be submitted in The programs and functions referred to in MENT 2006 CLOSURE SITES. this subsection are as follows: unclassified form with classified annexes as (a) ESTABLISHMENT.—(1) The Secretary of necessary. (1) The functions and programs of the Of- Energy shall establish for each Department fice of Counterintelligence of the Depart- (e) PROVISION OF INFORMATION.—The Sec- of Energy Environmental Management 2006 ment of Energy under section 215 of the De- retary of Energy shall make available to the closure site a local stakeholder organization partment of Energy Organization Act (42 National Research Council all of the infor- having the responsibilities set forth in sub- U.S.C. 7144b). mation necessary to complete its report in a section (c). (2) The functions and programs of the Of- timely manner. (2) The local stakeholder organization fice of Defense Nuclear Counterintelligence shall be established in consultation with in- (f) EXPEDITED PROCESSING OF SECURITY of the National Nuclear Security Adminis- CLEARANCES.—For purposes of facilitating terested elected officials of local govern- tration under section 3232 of the National ments in the vicinity of the closure site con- the commencement of the study under this Nuclear Security Administration Act (50 section, the Secretary of Energy shall expe- cerned. U.S.C. 2422), including the counterintel- (b) COMPOSITION.—A local stakeholder or- dite to the fullest degree possible the proc- ligence programs under section 3233 of that essing of security clearances that are nec- ganization for a Department of Energy Envi- Act (50 U.S.C. 2423). ronmental Management 2006 closure site essary for the National Research Council to (c) ESTABLISHMENT OF POLICY.—The Sec- conduct the study. under subsection (a) shall be composed of retary shall have the responsibility to estab- such elected officials of local governments in (g) FUNDING.—Of the amount authorized to lish policy for the discharge of the counter- the vicinity of the closure site concerned as be appropriated in section 3102(a)(1) for envi- intelligence programs and functions consoli- the Secretary considers appropriate to carry ronmental management for defense site ac- dated within the National Nuclear Security out the responsibilities set forth in sub- celeration completion, $750,000 shall be avail- Administration under subsection (a) as pro- section (c) who agree to serve on the organi- able for the study authorized under this sec- vided for under section 213 of the Depart- zation, or the designees of such officials. tion. ment of Energy Organization Act (42 U.S.C. (c) RESPONSIBILITIES.—A local stakeholder 7144). SEC. 3118. ANNUAL REPORT ON EXPENDITURES organization for a Department of Energy En- FOR SAFEGUARDS AND SECURITY. (d) PRESERVATION OF COUNTERINTELLIGENCE vironmental Management 2006 closure site CAPABILITY.—In consolidating counterintel- under subsection (a) shall— (a) ANNUAL REPORT REQUIRED.—Subtitle C ligence programs and functions within the of title XLVII of the Atomic Energy Defense (1) solicit and encourage public participa- National Nuclear Security Administration tion in appropriate activities relating to the Act (50 U.S.C. 2771 et seq.) is amended by under subsection (a), the Secretary shall en- adding at the end the following new section: closure and post-closure operations of the sure that the counterintelligence capabili- site; ‘‘SEC. 4732. ANNUAL REPORT ON EXPENDITURES ties of the Department of Energy and the Na- (2) disseminate information on the closure FOR SAFEGUARDS AND SECURITY. tional Nuclear Security Administration are and post-closure operations of the site to the ‘‘The Secretary of Energy shall submit to in no way degraded or compromised. State government of the State in which the (e) REPORT ON EXERCISE OF AUTHORITY.—In Congress each year, in the budget justifica- site is located, local and Tribal governments the event the Secretary exercises the author- tion materials submitted to Congress in sup- in the vicinity of the site, and persons and ity in subsection (a), the Secretary shall sub- port of the budget of the President for the entities having a stake in the closure or mit to the congressional defense committees fiscal year beginning in such year (as sub- post-closure operations of the site; a report on the exercise of the authority. mitted under section 1105(a) of title 31, (3) transmit to appropriate officers and The report shall include— United States Code), the following: employees of the Department of Energy (1) a description of the manner in which ‘‘(1) A detailed description and accounting questions and concerns of governments, per- the counterintelligence programs and func- of the proposed obligations and expenditures sons, and entities referred to paragraph (2) tions referred to in subsection (b) shall be by the Department of Energy for safeguards on the closure and post-closure operations of consolidated within the Office of Defense Nu- and security in carrying out programs nec- the site; and clear Counterintelligence of the National essary for the national security for the fiscal (4) perform such other duties as the Sec- Nuclear Security Administration and dis- year covered by such budget, including any retary and the local stakeholder organiza- charged by that Office; technologies on safeguards and security pro- tion jointly determine appropriate to assist (2) a notice of the date on which that Office posed to be deployed or implemented during the Secretary in meeting post-closure obli- shall commence the discharge of such pro- such fiscal year. gations of the Department at the site. grams and functions, as so consolidated; and ‘‘(2) With respect to the fiscal year ending (d) DEADLINE FOR ESTABLISHMENT.—The in the year before the year in which such (3) a proposal for such legislative action as local stakeholder organization for a Depart- budget is submitted, a detailed description the Secretary considers appropriate to effec- ment of Energy Environmental Management and accounting of— tuate the discharge of such programs and 2006 closure site shall be established not ‘‘(A) the policy on safeguards and security, functions, as so consolidated, by that Office. later than six months before the closure of (f) DEADLINE FOR EXERCISE OF AUTHOR- including any modifications in such policy the site. ITY.—The authority in subsection (a) may be adopted or implemented during such fiscal (e) INAPPLICABILITY OF FEDERAL ADVISORY exercised, if at all, not later than one year year; COMMITTEE ACT.—The Federal Advisory ‘‘(B) any initiatives on safeguards and se- after the date of the enactment of this Act. Committee Act (5 U.S.C. App.) shall not curity in effect or implemented during such SEC. 3120. TREATMENT OF WASTE MATERIAL. apply to local stakeholder organizations fiscal year; (a) AVAILABILITY OF FUNDS FOR TREAT- under this section. ‘‘(C) the amount obligated and expended MENT.—Of the amount authorized to be ap- (f) DEPARTMENT OF ENERGY ENVIRON- for safeguards and security during such fis- propriated by section 3102(a)(1) for environ- MENTAL MANAGEMENT 2006 CLOSURE SITE DE- cal year, set forth by total amount, by mental management for defense site accel- FINED.—In this section, the term ‘‘Depart- amount per program, and by amount per fa- eration completion, $350,000,000 shall be ment of Energy Environmental Management cility; and available for the following purposes at the 2006 closure site’’ means each clean up site of ‘‘(D) the technologies on safeguards and se- sites referred to in subsection (b): the Department of Energy scheduled by the curity deployed or implemented during such (1) The safe management of tanks or tank Department as of January 1, 2004, for closure fiscal year.’’. farms used to store waste from reprocessing in 2006. activities. (b) CLERICAL AMENDMENT.—The table of SEC. 3122. REPORT ON MAINTENANCE OF RE- (2) The on-site treatment and storage of contents for that Act is amended by insert- TIREMENT BENEFITS FOR CERTAIN wastes from reprocessing activities and re- ing after the item relating to section 4731 the WORKERS AT 2006 CLOSURE SITES lated waste. AFTER CLOSURE OF SITES. following new item: (3) The consolidation of tank waste. (a) REPORT REQUIRED.—Not later than 60 ‘‘Sec. 4732. Annual report on expenditures for (4) The emptying and cleaning of storage days after the date of the enactment of this safeguards and security.’’. tanks. Act, the Assistant Secretary of Energy for

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00146 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.084 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7675 Environmental Management shall submit to viously been authorized by Congress’’ after (IAEA), other countries, and other entities the Secretary of Energy a report on the ‘‘states of the former Soviet Union’’. to facilitate removal of, and security up- maintenance of retirements benefits for (b) REPEAL OF LIMITATION ON TOTAL grades to facilities that contain, prolifera- workers at Department of Energy 2006 clo- AMOUNT OF OBLIGATION.—Such section is fur- tion-attractive fissile materials, radiological sure sites after the closure of such sites. ther amended— materials, and related equipment worldwide. (b) ELEMENTS.—The report under sub- (1) by striking subsection (c); and (J) The development of alternative fuels section (a) shall include the following: (2) by redesignating subsections (d), (e), and irradiation targets based on low-en- (1) The number of workers at Department and (f) as subsections (c), (d), and (e), respec- riched uranium to convert research or other of Energy 2006 closure sites that could lose tively. reactors fueled by highly-enriched uranium retirement benefits as a result of the early SEC. 3132. ACCELERATION OF REMOVAL OR SE- to such alternative fuels, as well as the con- closure of such a site. CURITY OF FISSILE MATERIALS, RA- version of reactors and irradiation targets (2) The impact on collective bargaining DIOLOGICAL MATERIALS, AND RE- employing highly-enriched uranium to em- LATED EQUIPMENT AT VULNERABLE ployment of such alternative fuels and tar- agreements with workers at Department of SITES WORLDWIDE. gets. Energy 2006 closure sites of the loss of their (a) SENSE OF CONGRESS.—(1) It is the sense retirement benefits as described in para- of Congress that the security, including the (K) Accelerated actions for the blend down graph (1). rapid removal or secure storage, of high-risk, of highly-enriched uranium to low-enriched (3) The cost of providing retirement bene- proliferation-attractive fissile materials, ra- uranium. fits, after the closure of Department of En- diological materials, and related equipment (L) The provision of assistance in the clo- ergy 2006 closure sites, to workers at such at vulnerable sites worldwide should be a top sure and decommissioning of sites identified sites who would otherwise lose their benefits priority among the activities to achieve the as presenting risks of proliferation of pro- as described in paragraph (1) after the clo- national security of the United States. liferation-attractive fissile materials, radio- sure of such sites. (2) It is the sense of Congress that the logical materials, and related equipment. (c) TRANSMITTAL TO CONGRESS.—Not later President may establish in the Department (M) Programs to— than 30 days after receiving the report under of Energy a task force to be known as the (i) assist in the placement of employees subsection (a), the Secretary shall transmit Task Force on Nuclear Materials to carry displaced as a result of actions pursuant to the report to Congress, together with such out the program authorized by subsection the program in enterprises not representing recommendations, including recommenda- (b). a proliferation threat; and tions for legislative action, as the Secretary (b) PROGRAM AUTHORIZED.—The Secretary (ii) convert sites identified as presenting considers appropriate. of Energy may carry out a program to under- risks of proliferation regarding proliferation- (d) DEFINITIONS.—In this section: take an accelerated, comprehensive world- attractive fissile materials, radiological ma- (1) The term ‘‘Department of Energy 2006 wide effort to mitigate the threats posed by terials, and related equipment to purposes closure site’’ means the following: high-risk, proliferation-attractive fissile ma- not representing a proliferation threat to the (A) The Rocky Flats Environmental Tech- terials, radiological materials, and related extent necessary to eliminate the prolifera- nology Site, Colorado. equipment located at sites potentially vul- tion threat. (B) The Fernald Plant, Ohio. nerable to theft or diversion. (2) The Secretary of Energy shall, in co- (C) The Mound Plant, Ohio. (c) PROGRAM ELEMENTS.—(1) Activities ordination with the Secretary of State, carry (2) The term ‘‘worker’’ means any em- under the program under subsection (b) may out the program in consultation with, and ployee who is employed by contract to per- include the following: with the assistance of, appropriate depart- form cleanup, security, or administrative du- (A) Accelerated efforts to secure, remove, ments, agencies, and other entities of the United States Government. ties or responsibilities at a Department of or eliminate proliferation-attractive fissile (3) The Secretary of Energy shall, with the Energy 2006 closure site. materials or radiological materials in research reactors, other reactors, and other fa- concurrence of the Secretary of State, carry (3) The term ‘‘retirement benefits’’ means out activities under the program in collabo- health, pension, and any other retirement cilities worldwide. (B) Arrangements for the secure shipment ration with such foreign governments, non- benefits. of proliferation-attractive fissile materials, governmental organizations, and other inter- SEC. 3123. REPORT ON EFFORTS OF NATIONAL radiological materials, and related equip- national entities as the Secretary considers NUCLEAR SECURITY ADMINISTRA- ment to other countries willing to accept appropriate for the program. TION TO UNDERSTAND PLUTONIUM (d) REPORTS.—(1) Not later than March 15, AGING. such materials and equipment, or to the United States if such countries cannot be 2005, the Secretary shall submit to Congress (a) STUDY.—(1) The Administrator for Nu- a classified interim report on the program clear Security shall enter into a contract identified, and the provision of secure storage or disposition of such materials and under subsection (b). with a Federally Funded Research and De- (2) Not later than January 1, 2006, the Sec- equipment following shipment. velopment Center (FFRDC) providing for a retary shall submit to Congress a classified (C) The transportation of proliferation-at- study to assess the efforts of the National final report that includes the following: tractive fissile materials, radiological mate- Nuclear Security Administration to under- (A) A survey by the Secretary of the facili- rials, and related equipment from sites iden- stand the aging of plutonium in nuclear ties and sites worldwide that contain pro- tified as proliferation risks to secure facili- weapons. liferation-attractive fissile materials, radio- ties in other countries or in the United (2) The Administrator shall make available logical materials, or related equipment. States. to the FFRDC contractor under this sub- (B) A list of sites determined by the Sec- (D) The processing and packaging of pro- section all information that is necessary for retary to be of the highest priority, taking liferation-attractive fissile materials, radio- the contractor to successfully complete a into account risk of theft from such sites, for logical materials, and related equipment in meaningful study on a timely basis. removal or security of proliferation-attrac- accordance with required standards for (b) REPORT REQUIRED.—(1) Not later than tive fissile materials, radiological materials, transport, storage, and disposition. two years after the date of the enactment of or related equipment, organized by level of (E) The provision of interim security up- this Act, the Administrator shall submit to priority. grades for vulnerable, proliferation-attrac- Congress a report on the findings of the (C) A plan, including activities under the tive fissile materials and radiological mate- study on the efforts of the Administration to program under this section, for the removal, rials and related equipment pending their re- understand the aging of plutonium in nu- security, or both of proliferation-attractive moval from their current sites. clear weapons. fissile materials, radiological materials, or (F) The utilization of funds to upgrade se- (2) The report shall include the rec- related equipment at vulnerable facilities curity and accounting at sites where pro- ommendations of the study for improving and sites worldwide, including measurable liferation-attractive fissile materials or radi- the knowledge, understanding, and applica- milestones, metrics, and estimated costs for ological materials will remain for an ex- tion of the fundamental and applied sciences the implementation of the plan. related to the study of plutonium aging. tended period of time in order to ensure that (3) A summary of each report under this (3) The report shall be submitted in unclas- such materials are secure against plausible subsection shall also be submitted to Con- sified form, but may include a classified potential threats and will remain so in the gress in unclassified form. annex. future. (e) FUNDING.—Amounts authorized to be Subtitle C—Proliferation Matters (G) The management of proliferation-at- appropriated to the Secretary of Energy for tractive fissile materials, radiological mate- SEC. 3131. MODIFICATION OF AUTHORITY TO USE defense nuclear nonproliferation activities INTERNATIONAL NUCLEAR MATE- rials, and related equipment at secure facili- shall be available for purposes of the pro- RIALS PROTECTION AND COOPERA- ties. gram under this section. TION PROGRAM FUNDS OUTSIDE (H) Actions to ensure that security, includ- (f) DEFINITIONS.—In this section: THE FORMER SOVIET UNION. ing security upgrades at sites and facilities (1) The term ‘‘fissile materials’’ means plu- (a) APPLICABILITY OF AUTHORITY LIMITED for the storage or disposition of prolifera- tonium, highly-enriched uranium, or other TO PROJECTS NOT PREVIOUSLY AUTHORIZED.— tion-attractive fissile materials, radiological material capable of sustaining an explosive Subsection (a) of section 3124 of the National materials, and related equipment, continues nuclear chain reaction, including irradiated Defense Authorization Act for Fiscal Year to function as intended. items containing such materials if the radi- 2004 (Public Law 108–136; 117 Stat. 1747) is (I) The provision of technical support to ation field from such items is not sufficient amended by inserting ‘‘that has not pre- the International Atomic Energy Agency to prevent the theft or misuse of such items.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00147 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.084 S06PT1 S7676 CONGRESSIONAL RECORD — SENATE July 6, 2004 (2) The term ‘‘radiological materials’’ in- education of students by the School District (2) Interest earned on amounts in the Fund cludes Americium-241, Californium-252, Ce- in the amount of $8,000,000 in each fiscal under subsection (g). sium-137, Cobalt-60, Iridium-192, Plutonium- year. (c) USE OF FUND.—The Fund shall be avail- 238, Radium-226 and Strontium-90, Curium- SEC. 3145. REVIEW OF WASTE ISOLATION PILOT able for the settlement of the consolidated 244, Strontium-90, and irradiated items con- PLANT, NEW MEXICO, PURSUANT TO lawsuits in accordance with the following re- COMPETITIVE CONTRACT. taining such materials, or other materials quirements: (a) CONTRACT REQUIREMENT.—The Sec- designated by the Secretary of Energy for (1) The settlement shall be subject to pre- retary of Energy shall use competitive proce- purposes of this paragraph. liminary and final approval by the Court in (3) The term ‘‘related equipment’’ includes dures to enter into a contract to conduct independent reviews and evaluations of the accordance with rule 23(e) of the Federal equipment useful for enrichment of uranium Rules of Civil Procedure. in the isotope 235 and for extraction of fissile design, construction, and operations of the Waste Isolation Pilot Plant in New Mexico (2) Lead Counsel and Counsel for the materials from irradiated fuel rods and other United States of America shall recommend equipment designated by the Secretary of (hereafter in this section referred as the ‘‘WIPP’’) as they relate to the protection of to the Court reasonable procedures by which Energy for purposes of this section. the public health and safety and the environ- the claims for monies from the Fund shall be (4) The term ‘‘highly-enriched uranium’’ ment. The contract shall be for a period of administered, which recommendations shall means uranium enriched to or above 20 per- one year, beginning on October 1, 2004, and include mechanisms— cent in isotope 235. shall be renewable for four additional one- (A) to identify class members; (5) The term ‘‘low-enriched uranium’’ year periods with the consent of the con- (B) to receive claims from class members means uranium enriched below 20 percent in tractor and subject to the authorization and so identified; isotope 235. appropriation of funds for such purpose. (C) to determine in accordance with sub- (6) The term ‘‘proliferation-attractive’’, in (b) CONTENT OF CONTRACT.—A contract en- section (d) eligible claimants from among the case of fissile materials and radiological tered into under subsection (a) shall require class members submitting claims; and materials, means quantities and types of the following: (D) to resolve contests, if any, among eligi- such materials that are determined by the (1) The contractor shall appoint a Director ble claimants with respect to a particular el- Secretary of Energy to present a significant and Deputy Director, who shall be scientists igible tract regarding the disbursement of risk to the national security of the United of national eminence in the field of nuclear monies in the Fund with respect to such eli- States if diverted to a use relating to pro- waste disposal, shall be free from any biases gible tract. liferation. related to the activities of the WIPP, and (3) Lead Counsel and Counsel for the Subtitle D—Other Matters shall be widely known for their integrity and United States of America shall provide evi- SEC. 3141. INDEMNIFICATION OF DEPARTMENT scientific expertise. dence to the Court to assist the Court in— OF ENERGY CONTRACTORS. (2) The Director shall appoint staff. The (A) identifying each class member by name Section 170 d.(1)(A) of the Atomic Energy professional staff shall consist of scientists and whereabouts; Act of 1954 (42 U.S.C. 2210(d)(1)(A)) is amend- and engineers of recognized integrity and (B) providing notice of the settlement ed by striking ‘‘until December 31, 2004’’ and scientific expertise who represent scientific process for the consolidated lawsuits to each inserting ‘‘until December 31, 2006’’. and engineering disciplines needed for a class member so identified; and thorough review of the WIPP, including dis- (C) providing the forms, and describing the SEC. 3142. TWO-YEAR EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN SCI- ciplines such as geology, hydrology, health procedure, for making claims to each class ENTIFIC, ENGINEERING, AND TECH- physics, environmental engineering, prob- member so identified. NICAL PERSONNEL. ability risk analysis, mining engineering, (4) After the provision of notice to class Section 4601(c)(1) of the Atomic Energy De- and radiation chemistry. The disciplines rep- members under paragraph (3), if, within a fense Act (50 U.S.C. 2701(c)(1)) is amended by resented in the staff shall change as may be time period to be established by the Court, striking ‘‘September 30, 2004’’ and inserting necessary to meet changed needs in carrying more than 10 percent of the class members ‘‘September 30, 2006’’. out the contract for expertise in any certain submit to the Court written notice of their SEC. 3143. ENHANCEMENT OF ENERGY EMPLOY- scientific or engineering discipline. Sci- determination to be excluded from participa- EES OCCUPATIONAL ILLNESS COM- entists employed under the contract shall tion in the settlement of the consolidated PENSATION PROGRAM AUTHORI- have qualifications and experience equiva- lawsuits— TIES. lent to the qualifications and experience re- (A) the Fund shall not serve as the basis (a) STATE AGREEMENTS.—Section 3661 of quired for scientists employed by the Federal for the settlement of the consolidated law- the Floyd D. Spence National Defense Au- Government in grades GS–13 through GS–15. suits and the provisions of this section shall thorization Act for Fiscal Year 2001 (as en- (3) Scientists employed under the contract have no further force or effect; and acted into law by Public Law 106–394) (42 shall have an appropriate support staff. (B) amounts in the Fund shall not be dis- U.S.C. 7385o) is amended— (4) The Director and Deputy Director shall bursed, but shall be retained in the Treasury (1) in subsection (b), by striking ‘‘Pursuant each be appointed for a term of 5 years, sub- as miscellaneous receipts. to agreements under subsection (a), the’’ and ject to contract renewal, and may be re- (5) The Court may award attorney fees and inserting ‘‘The’’; moved only for misconduct or incompetence. expenses from the Fund pursuant to rule 23 (2) in subsection (c), by striking ‘‘provided The staff shall be appointed for such terms of the Federal Rules of Civil Procedure, ex- in an agreement under subsection (a), and as the Director considers appropriate. cept that the award of attorney fees may not if’’; and (5) The rates of pay of professional staff exceed 20 percent of the Fund and the award (3) in subsection (e), by striking ‘‘If pro- and the procedures for increasing the rates of expenses may not exceed 2 percent of the vided in an agreement under subsection (a)’’ of pay of professional staff shall be equiva- Fund. Any attorney fees and expenses so and inserting ‘‘If a panel has reported a de- lent to those rates and procedures provided paid shall be paid from the Fund before dis- termination under subsection (d)(5)’’. for the General Schedule pay system under tribution of the amount in the Fund to eligi- (b) PHYSICIAN PANELS.—Subsection (d) of chapter 53 of title 5, United States Code. ble claimants entitled thereto. such section is amended by striking para- (6) The results of reviews and evaluations (6) The Fund shall be available to pay set- graph (2) and inserting the following new carried out under the contract shall be pub- tlement awards in accordance with the fol- paragraph (2): lished. lowing: ‘‘(2) The Secretary of Health and Human (c) ADMINISTRATION.—The contractor shall (A) The balance of the amount of the Fund Services shall, in consultation with the Sec- establish general policies and guidelines to that is available for disbursement after any retary of Energy, select the individuals to be used by the Director in carrying out the award of attorney fees and expenses under serve as panel members based on experience work under the contract. paragraph (5) shall be allocated proportion- and competency in diagnosing occupational SEC. 3146. COMPENSATION OF PAJARITO PLA- ally by eligible tract according to its acreage illnesses. The Secretary shall appoint the in- TEAU, NEW MEXICO, HOME- as compared with all eligible tracts. dividuals so selected as panel members or STEADERS FOR ACQUISITION OF (B) The allocation for each eligible tract LANDS FOR MANHATTAN PROJECT shall obtain by contract the services of such IN WORLD WAR II. shall be allocated pro rata among all eligible individuals as panel members.’’. (a) ESTABLISHMENT OF COMPENSATION claimants having an interest in such eligible SEC. 3144. SUPPORT FOR PUBLIC EDUCATION IN FUND.—There is established in the Treasury tract according to the extent of their inter- THE VICINITY OF LOS ALAMOS NA- of the United States a fund to be known as est in such eligible tract, as determined TIONAL LABORATORY, NEW MEXICO. the Pajarito Plateau Homesteaders Com- under the laws of the State of New Mexico. The Secretary of Energy shall require that pensation Fund (in this section referred to as (C) Payments from the Fund under this the primary management and operations the ‘‘Fund’’). The Fund shall be dedicated to paragraph shall be made by the Secretary of contract for Los Alamos National Labora- the settlement of the two lawsuits in the the Treasury. tory, New Mexico, that involves Laboratory United States District Court for the District (7) Any amounts available for disburse- operations after September 30, 2005, shall of New Mexico consolidated as Civ. No. 00–60. ment with respect to an eligible tract that contain terms requiring the contractor (b) ELEMENTS OF FUND.—The Fund shall are not awarded to eligible claimants with under such contract to provide support to consist of the following: respect to that tract by reason of paragraph the Los Alamos Public School District, New (1) Amounts available for deposit in the (6)(B) shall be retained in the Treasury as Mexico, for the elementary and secondary Fund under subsection (j). miscellaneous receipts.

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(d) ELIGIBLE CLAIMANTS.—(1) For purposes New Mexico, that was acquired by the United (2) for each facility for which such report of this section, an eligible claimant is any States during World War II for use in the found that significant residual contamina- class member determined by the Court, by a Manhattan Project and which is the subject tion remained present as of the date of the preponderance of evidence and pursuant to of the consolidated lawsuits. report, determine the date on which such procedures established under subsection (B) The term does not include lands of the contamination ceased to be present; (c)(2), to be a person or entity who held a fee Los Alamos Ranch School and of the A.M. (3) for each facility for which such report simple ownership in an eligible tract at the Ross Estate (doing business as Anchor found that significant residual contamina- time of its acquisition by the United States Ranch). tion was present but for which the Director during World War II for use in the Manhat- (4) The term ‘‘class member’’ means the has been unable to determine the extent to tan Project, or the heir, successor in inter- following: which such contamination is attributable to est, assignee, or beneficiary of such a person (A) Any person or entity who claims to atomic weapons-related activities, identify or entity. have held a fee simple ownership in an eligi- the specific dates of coverage attributable to (2) The status of a person or entity as an ble tract at the time of its acquisition by the such activities and, in so identifying, pre- heir, successor in interest, assignee, or bene- United States during World War II for use in sume that such contamination is attrib- ficiary for purposes of this subsection shall the Manhattan Project. utable to such activities until there is evi- be determined under the laws of the State of (B) Any person or entity claiming to be the dence of decontamination of residual con- New Mexico, including the descent and dis- heir, successor in interest, assignee, or bene- tamination identified with atomic weapons- tribution law of the State of New Mexico. ficiary of a person or entity who held a fee related activities; and (e) FULL RESOLUTION OF CLAIMS AGAINST simple ownership in an eligible tract at the (4) if new information that pertains to the UNITED STATES.—(1) The acceptance of a dis- time of its acquisition by the United States report has been made available to the Direc- bursement from the Fund by an eligible during World War II for use in the Manhat- tor since that report was submitted, identify claimant under this section shall constitute tan Project. and describe such information. a final and complete release of the defend- (j) FUNDING.—Of the amount authorized to (c) PUBLICATION.—The Director shall en- ants in the consolidated lawsuits with re- be appropriated by section 3101(a)(4) for the sure that the report referred to in subsection spect to such eligible claimant, and shall be National Nuclear Security Administration (a) is published in the Federal Register not in full satisfaction of any and all claims of for the Office of the Administrator for Nu- later than 15 days after being released. such eligible claimant against the United clear Security, $10,000,000 shall be available SEC. 3153. WORKERS COMPENSATION. States arising out of acts described in the for deposit in the Fund under subsection (a) IN GENERAL.—Subtitle D of the Energy consolidated lawsuits. (b)(1). Employees Occupational Illness Compensa- (2) Upon the disbursement of the amount Subtitle E—Energy Employees Occupational tion Program Act of 2000 (title XXXVI of the in the Fund to eligible claimants entitled Illness Compensation Program Floyd D. Spence National Defense Authoriza- thereto under this section, the Court shall, SEC. 3151. COVERAGE OF INDIVIDUALS EM- tion Act for Fiscal Year 2001 (as enacted into subject to the provisions of rule 23(e) of the PLOYED AT ATOMIC WEAPONS EM- law by Public Law 106–398); 42 U.S.C. 7385o) is Federal Rules of Civil Procedure, enter a PLOYER FACILITIES DURING PERI- amended to read as follows: final judgment dismissing with prejudice the ODS OF RESIDUAL CONTAMINATION. ‘‘Subtitle D—Workers Compensation consolidated lawsuits and all claims and po- (a) COVERAGE.—Paragraph (3) of section ‘‘SEC. 3661. COVERED DEPARTMENT OF ENERGY tential claims on matters covered by the 3621 of the Energy Employees Occupational CONTRACTOR EMPLOYEES. Illness Compensation Program Act of 2000 consolidated lawsuits. ‘‘(a) IN GENERAL.—In this subtitle, the (f) COMPENSATION LIMITED TO AMOUNTS IN (title XXXVI of the Floyd D. Spence Na- term ‘covered Department of Energy con- FUND.—(1) An eligible claimant may be paid tional Defense Authorization Act for Fiscal tractor employee’ means any Department of under this section only from amounts in the Year 2001 (as enacted into law by Public Law Energy contractor employee determined 106–398); 42 U.S.C. 7384 ) is amended to read as Fund. l under section 3663 to have contracted an oc- follows: (2) Nothing in this section shall authorize cupational illness or covered illness through ‘‘(3) The term ‘atomic weapons employee’ the payment to a class member by the exposure at a Department of Energy facility. United States Government of any amount means any of the following: ‘‘(b) EXCLUSION OF ILLNESS THROUGH EXPO- authorized by this section from any source ‘‘(A) An individual employed by an atomic SURE AFTER COMMENCEMENT OF NEW PRO- other than the Fund. weapons employer during a period when the GRAM.—For purposes of this subtitle, an oc- (g) INVESTMENT OF FUND.—(1) The Sec- employer was processing or producing, for cupational illness or covered illness shall not retary of the Treasury shall, in accordance the use by the United States, material that include any illness contracted by a Depart- with the requirements of section 9702 of title emitted radiation and was used in the pro- ment of Energy contractor employee 31, United States Code, and the provisions of duction of an atomic weapon, excluding ura- through exposure at a Department of Energy this subsection, direct the form and manner nium mining and milling. facility if the exposure occurs after the date by which the Fund shall be safeguarded and ‘‘(B) An individual employed— of the enactment of the National Defense invested so as to maximize its safety while ‘‘(i) at a facility with respect to which the Authorization Act for Fiscal Year 2005. earning a return comparable to other com- National Institute for Occupational Safety ‘‘SEC. 3662. WORKERS COMPENSATION. mon funds in which the United States Treas- and Health, in its report dated October 2003 ‘‘(a) IN GENERAL.—Except as provided in ury is the source of payment. and titled ‘Report on Residual Radioactive subsection (b), a covered Department of En- (2) Interest on the amount deposited in the and Beryllium Contamination at Atomic ergy contractor employee, or the survivor of Fund shall accrue from the date of the enact- Weapons Employer Facilities and Beryllium a covered Department of Energy contractor ment of the Act appropriating amounts for Vendor Facilities’, or any update to that re- employee if the covered Department of En- deposit in the Fund until the date on which port, found that there is a potential for sig- ergy contractor employee is deceased, shall the Secretary of the Treasury disburses the nificant residual contamination outside of receive workers compensation in an amount amount in the Fund to eligible claimants the period in which weapons-related produc- determined under section 3664. who are entitled thereto under subsection tion occurred; ‘‘(b) ELECTION TO PROCEED UNDER STATE (c). ‘‘(ii) by an atomic weapons employer or WORKERS’ COMPENSATION SYSTEM.—(1) A De- (h) PRESERVATION OF RECORDS.—(1) All doc- subsequent owner or operators of a facility partment of Energy contractor employee uments, personal testimony, and other described in clause (i); and otherwise covered by this section may elect records created or received by the Court in ‘‘(ii) during a period, as specified in such to seek workers’ compensation under the ap- the consolidated lawsuits shall be kept and report or any update to such report, of po- propriate State workers’ compensation sys- maintained by the Archivist of the United tential for significant residual radioactive tem for the occupational illness or covered States, who shall preserve such documents, contamination at such facility.’’. illness of the covered Department of Energy testimony, and records in the National Ar- SEC. 3152. UPDATE OF REPORT ON RESIDUAL contractor employee rather than seek work- chives of the United States. CONTAMINATION OF FACILITIES. ers compensation for the occupational ill- (2) The Archivist shall make available to (a) UPDATE OF REPORT.—Not later than De- ness or covered illness, as the case may be, the public the materials kept and main- cember 31, 2006, the Director of the National under this subtitle. tained under paragraph (1). Institute for Occupational Safety and Health ‘‘(2) Any Department of Energy contractor (i) DEFINITIONS.—In this section: shall submit to Congress an update to the re- employee making an election under para- (1) The term ‘‘Court’’ means the United port required by section 3151(b) of the Na- graph (1) who becomes entitled to workers’ States District Court for the District of New tional Defense Authorization Act for Fiscal compensation under the appropriate State Mexico having jurisdiction over the consoli- Year 2002 (Public Law 107–107; 42 U.S.C. 7384 workers’ compensation system following an dated lawsuits. note). election under that paragraph is not entitled (2) The term ‘‘consolidated lawsuits’’ (b) ELEMENTS.—The update shall— to receive workers compensation under this means the two lawsuits in the United States (1) for each facility for which such report subtitle. District Court for the District of New Mexico found that insufficient information was ‘‘(c) FUNDING.—The Secretary of Labor consolidated as Civ. No. 00–60. available to determine whether significant shall make payments of workers compensa- (3)(A) The term ‘‘eligible tract’’ means pri- residual contamination was present, deter- tion under this section from amounts au- vate real property located on the Pajarito mine whether significant residual contami- thorized to be appropriated for such purpose Plateau of what is now Los Alamos County, nation was present; under section 3670.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00149 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.085 S06PT1 S7678 CONGRESSIONAL RECORD — SENATE July 6, 2004 ‘‘SEC. 3663. DETERMINATIONS REGARDING CON- tion to which a covered Department of En- contractor employee may seek the review of TRACTION OF OCCUPATIONAL OR ergy contractor employee would otherwise any determination as follows: COVERED ILLNESSES. be entitled under subsection (a) shall be de- ‘‘(1) A determination under section 3663(b) ‘‘(a) EMPLOYEES COVERED BY PREVIOUS DE- termined without regard to any require- that the Department of Energy contractor TERMINATION OF ENTITLEMENT TO COMPENSA- ments under the appropriate State workers’ employee is not a covered Department of En- TION AND BENEFITS.—(1) A Department of En- compensation system for each of the fol- ergy contractor employee. ergy contractor employee who has been de- lowing: ‘‘(2) A determination under 3664 of the termined to be entitled to compensation and ‘‘(1) Statutes of limitation, or other rules amount of workers compensation payable to benefits for an occupational illness con- limiting compensation to claims filed within the Department of Energy contractor em- tracted in the performance of duty at a De- a specified period after last exposure to a ployee under section 3662. partment of Energy facility under subtitle B toxic substance or after last employment by ‘‘(c) REVIEW.—(1) The review of a deter- shall be treated as having contracted the oc- an employer where the employee was ex- mination under subsection (a) or (b) shall be cupational illness through exposure at the posed to a toxic substance. conducted by the Secretary of Labor in ac- Department of Energy facility for purposes ‘‘(2) Exposure rules, including minimum cordance with procedures applicable for the of this subtitle. periods of exposure to toxic substances. review of claims under sections 30.310 ‘‘(2) A determination, pursuant to activi- ‘‘(3) Causation rules more stringent that through 30.320 of title 20, Code of Federal ties under paragraph (2) of section 3163(d) of the standard in section 3663(b). Regulations, or any successor regulations. the National Defense Authorization Act for ‘‘(4) Burdens of proof, quantum of proof ‘‘(2)(A) The review of a determination Fiscal Year 2005 before or during the period standards, or both more stringent than the under subsection (b)(1) shall include review of transition of administration of this sub- standard in section 3663(b). by a physician or physician panel. title to the Department of Labor under para- ‘‘(5) Return to work requirements, includ- ‘‘(B) Each physician or physician on a graph (1) of such section, that an individual ing obligations to participate in vocational panel under subparagraph (A) shall be a phy- contracted an occupational illness through rehabilitation and medical examinations sician with experience and competency in di- exposure at a Department of Energy facility connected with the ability to return to work. agnosing illnesses aggravated, contributed for purposes of this subtitle shall be valid for ‘‘(6) Medical examinations in addition to to, or caused by exposure to toxic sub- purposes of this subtitle. medical examinations required by the Sec- stances. ‘‘(b) OTHER EMPLOYEES.—In the case of a retary of Labor for the application of section ‘‘(C) The Secretary of Labor may inves- Department of Energy contractor employee 3663 in determining causation or required by tigate any allegation that a physician ap- not previously covered by a determination the Secretary of Labor for the application of pointed under this paragraph has a conflict described in subsection (a) with respect to an subsection (c) in determining the amount of of interest. If the Secretary of Labor deter- occupational illness, the Department of En- workers’ compensation payable. mines that a conflict of interest exists, the ergy contractor employee shall be deter- ‘‘(c) DETERMINATION OF AMOUNT.—(1) The Secretary shall notify the Secretary of mined to have contracted an illness (in this Secretary of Labor shall determine the Health and Human Services, who shall re- subtitle referred to as a ‘covered illness’) amount of workers compensation payable to view the allegation. through exposure at a Department of Energy each covered Department of Energy con- ‘‘(D) Each review by a physician or physi- facility for purposes of this subtitle if— tractor employee under section 3662. cian panel under subparagraph (A) shall be ‘‘(1) it is at least as likely as not that expo- ‘‘(2)(A) The Secretary may utilize the as- conducted in accordance with such proce- sure to a toxic substance was a significant sistance of the workers’ compensation sys- dures as the Secretary shall prescribe. factor in aggravating, contributing to, or tem personnel of any State in making deter- ‘‘(3)(A) The results of each review under causing the illness; and minations under paragraph (1). this subsection shall be submitted to the ‘‘(2) it is at least as likely as not that the ‘‘(B) The utilization of assistance under Secretary. exposure to such toxic substance was related subparagraph (A) shall be in accordance with ‘‘(B) The Secretary shall accept the results to employment at a Department of Energy an agreement entered into by the Secretary of any portion of a review under this sub- facility. and the chief executive officer of the State section that consists of a review by a physi- ‘‘(c) DETERMINATIONS REGARDING EMPLOY- concerned. cian or physician panel under paragraph (2) EES NOT PREVIOUSLY COVERED BY DETERMINA- ‘‘(C) An agreement under subparagraph (B) unless there is substantial evidence to the TION OF ENTITLEMENT.—(1) The Secretary of may provide for the Secretary to reimburse contrary. Labor shall make each determination under the State concerned for the costs of the ‘‘(d) REVERSAL OF DETERMINATIONS.—Ex- subsection (b) as to whether or not a Depart- State in providing assistance under the cept as provided in subsection (c)(3)(B), the ment of Energy contractor employee de- agreement. Secretary of Labor may vacate or reverse scribed in that subsection contracted a cov- ‘‘(3)(A) The Secretary may utilize the serv- any determination described in subsection in ered illness related to employment at a De- ices of physicians for purposes of making de- subsection (a) or (b) if the Secretary deter- partment of Energy facility. terminations under this subsection. mines, as the result of a review of such de- ‘‘(2) The Secretary may utilize the services ‘‘(B) Any physicians utilized under sub- termination under subsection (c), that such of physicians for purposes of making deter- paragraph (A) shall possess appropriate ex- determination was erroneous. minations under this subsection. Any physi- pertise and experience in the evaluation and ‘‘SEC. 3667. ATTORNEY FEES. cians so utilized shall possess appropriate ex- determination of the extent of permanent pertise and experience in the evaluation and physical impairments. ‘‘(a) IN GENERAL.—Except as provided in diagnosis of illnesses aggravated, contrib- ‘‘(C) The Secretary may secure the services subsection (b), the provisions of section 3648 uted to, or caused by exposure to toxic sub- of physicians under subparagraph (A) shall apply to the availability of attorney stances. through the appointment of physicians or by fees for assistance on a claim under this sub- ‘‘(3) The Secretary may secure the services contract. title to the same extent, and subject to the same conditions and limitations, that such of physicians under this subsection through ‘‘SEC. 3665. MEDICAL BENEFITS. provisions apply to the availability of attor- the appointment of physicians or by con- ‘‘(a) IN GENERAL.—A Department of Energy tract. contractor employee eligible for workers ney fees for assistance on a claim under sub- ‘‘(4) The Secretary shall consult with the compensation for an occupational illness or title B. Secretary of Health and Human Services be- covered illness under this subtitle shall be ‘‘(b) ATTORNEY FEE SCHEDULE.—(1) The fore utilizing the services of physicians for furnished medical benefits specified in sec- Secretary of Labor may, by regulation, mod- purposes of making determinations under tion 3629 for the occupational illness or cov- ify the application of section 3648 to the this subsection. ered illness, as the case may be, to the same availability of attorney fees under this subtitle to establish a schedule for attorney fees ‘‘SEC. 3664. AMOUNT OF WORKERS COMPENSA- extent, and under the same conditions and TION. limitations, as an individual eligible for under this subtitle that will ensure represen- ‘‘(a) IN GENERAL.—The amount of workers medical benefits under that section is fur- tation of claimants and appropriate com- compensation payable to a covered Depart- nished medical benefits under that section. pensation for such representation. ment of Energy contractor employee, or the ‘‘(b) FUNDING.—Amounts for payments for ‘‘(2) The amount of attorney fees for assist- eligible survivors of a covered Department of medical benefits under this section shall be ance on claims under the schedule of attor- Energy contractor employee, for an occupa- derived from amounts authorized to be ap- ney fees shall take into appropriate account tional illness or covered illness under section propriated for such purpose under section the nature and complexity of the legal issues 3662 is the amount of workers’ compensation 3670. involved in such claims and the procedural level at which assistance is given. to which the Department of Energy con- ‘‘SEC. 3666. REVIEW OF CERTAIN DETERMINA- tractor employee, or the eligible survivors, TIONS. ‘‘SEC. 3668. ADMINISTRATIVE MATTERS. respectively, would otherwise be entitled for ‘‘(a) STATUS AS DEPARTMENT OF ENERGY ‘‘(a) IN GENERAL.—The Secretary of Labor the occupational illness or covered illness, as CONTRACTOR EMPLOYEE.—An individual may shall administer the provisions of this sub- the case may be, under the appropriate State seek the review of a determination that the title. workers’ compensation system. individual is not a Department of Energy ‘‘(b) CONTRACT AUTHORITY.—(1) The Sec- ‘‘(b) INAPPLICABILITY OF CERTAIN STATE contractor employee. retary may enter into contracts with appro- WORKERS’ COMPENSATION SYSTEM LIMITA- ‘‘(b) ELIGIBILITY AND AMOUNT OF WORKERS priate persons and entities in order to ad- TIONS.—The amount of workers’ compensa- COMPENSATION.—A Department of Energy minister the provisions of this subtitle.

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‘‘(2) The authority of the Secretary to ‘‘(e) ANNUAL REPORT.—(1) Not later than in effect on the day before the date of the en- enter into contracts under this subtitle shall February 15 each year, the Ombudsman shall actment of this Act, that will continue under be effective in any fiscal year only to the ex- submit to Congress a report on activities that subtitle, as amended by this section, tent and in such amount as are provided in under this subtitle. upon the commencement of the administra- advance in appropriations Acts. ‘‘(2) Each report under paragraph (1) shall tion of that subtitle, as so amended, by the ‘‘(c) RECORDS.—(1)(A) The Secretary of En- set forth the following: Secretary of Labor under paragraph (1); and ergy shall provide to the Secretary of Labor ‘‘(A) The number and types of complaints, (B) to ensure the continued discharge of all records, files, and other data, whether grievances, and requests for assistance re- such activities until the commencement of paper, electronic, imaged, or otherwise, deceived by the Ombudsman under this subtitle the administration of that subtitle, as so veloped by the Secretary of Energy that are during the preceding year. amended, by the Secretary of Labor under applicable to the administration of the pro- ‘‘(B) An assessment of the most common paragraph (1). visions of this subtitle by the Secretary of difficulties encountered by claimants and po- (3)(A) In carrying out activities under Labor, including records, files, and data on tential claimants under this subtitle during paragraph (2), the Secretary of Energy shall facility industrial hygiene, employment of the preceding year. only conduct a causation review on a claim individuals or groups, exposure and medical ‘‘(C) Such recommendations as the Om- if the claim is completely prepared and records, and claims applications. budsman considers appropriate for the im- awaiting review as of the date of the enact- ‘‘(B) In providing records, files, and other provement of the practices of the Depart- ment of this Act. data under this paragraph, the Secretary of ment of Labor in administering this subtitle. (B) Activities under paragraph (2) on any Energy shall preserve the current organiza- ‘‘(D) Such recommendations at the Om- claim covered by such activities that is not tion of such records, files, and other data, budsman considers appropriate for modifying described by subparagraph (A) shall be car- and shall provide such description and index- the authorities and requirements of this sub- ried out by the Secretary of Labor. ing of such records, files, and other data as title in order to better address the workers (e) PROVISION OF RECORDS.—The Secretary the Secretary of Energy and the Secretary of compensation interests of covered Depart- of Energy shall, to the maximum extent Labor jointly consider appropriate to facili- ment of Energy contractor employees and practicable, complete the provision of tate their use by the Secretary of Labor for others, as determined by the Ombudsman, records to the Secretary of Labor under sec- purposes of this subtitle. meriting benefits under this subtitle. tion 3668(c)(1) of the Energy Employees Occu- ‘‘(2) The Secretary of Energy and the Sec- ‘‘(3) No official of the Department of pational Illness Compensation Program Act retary of Labor shall jointly undertake such Labor, or of any other department or agency of 2000, as amended by this section, not later actions as are appropriate to retrieve records of the Federal Government, may require the than 60 days after the date of the enactment applicable to the claims of Department of review or approval of a report of the Om- of this Act. Energy contractor employees for workers budsman under this subsection before the (f) SITE PROFILES.—(1)(A) The Secretary of compensation under this subtitle, including submittal of such report to Congress. Labor shall prepare a site profile for each of employment records, records of exposure to ‘‘(f) OUTREACH.—The Secretary of Labor the 14 Department of Energy facilities that beryllium, radiation, silicon, or metals or and the Secretary of Health and Human have received the most number of claims for volatile organic chemicals, and records re- Services shall each undertake outreach to compensation and benefits under subtitle D garding medical treatment. advise the public of the existence and duties of the Energy Employees Occupational Ill- ‘‘(d) REGULATIONS.—The Secretary of Labor of the Office. shall prescribe regulations necessary for the ness Compensation Program Act of 2000 as of ‘‘SEC. 3670. AUTHORIZATION OF APPROPRIA- the date of the enactment of this Act. administration of the provisions of this sub- TIONS. title. (B) The Secretary of Labor shall prepare a ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— site profile under subparagraph (A) utilizing ‘‘SEC. 3669. OFFICE OF OMBUDSMAN. There is authorized to be appropriated to the the former worker medical screening pro- ‘‘(a) ESTABLISHMENT.—There is established Secretary of Labor for fiscal year 2005 and grams of the Department of Energy. in the Department of Labor an office to be each fiscal year thereafter such sums as may (2) If the Secretary of Labor determines known as the ‘Office of the Ombudsman’ (in be necessary in such fiscal year for— that the preparation of a site profile for a fa- this section referred to as the ‘Office’). ‘‘(1) the provision of compensation and cility cannot be performed under paragraph ‘‘(b) HEAD.—The head of the Office shall be benefits under this subtitle; and (1) because no worker medical screening ac- the Ombudsman. The individual serving as ‘‘(2) the administration of the provisions of tivities occurred for the facility, or that Ombudsman shall be either of the following: this subtitle. preparation of the profile is otherwise im- ‘‘(1) An officer or employee of the Depart- ‘‘(b) AVAILABILITY WITHOUT FISCAL YEAR practicable, the site profile for the facility ment of Labor designated by the Secretary LIMITATION.—Amounts authorized to be ap- shall be prepared by the National Institute for purposes of this section from among offi- propriated by subsection (a) shall remain of Occupational Safety and Health. cers and employees of the Department who available without fiscal year limitation. (3) All site profiles required by this sub- have experience and expertise necessary to ‘‘(c) AVAILABILITY OF AMOUNTS SUBJECT TO section shall be completed not later than 210 carry out the duties of the Office specified in APPROPRIATIONS ACTS.—The authority to subsection (c). provide compensation and benefits under days after the date of the enactment of this ‘‘(2) An individual employed by the Sec- this subtitle shall be effective in any fiscal Act. retary from the private sector from among year only to the extent and in such amounts (4) The Secretary of Energy shall provide individuals in the private sector who have as are provided in advance in appropriations the Secretary of Labor with any support that experience and expertise necessary to carry Acts.’’. the Secretary of Labor considers necessary out the duties of the Office specified in sub- (b) CONFORMING AMENDMENT.—Section 3643 for carrying out this subsection. section (c). of the Energy Employees Occupational Ill- (5) In this subsection, the term ‘‘site pro- ‘‘(c) DUTIES.—The duties of the Office shall ness Compensation Program Act of 2000 (42 file’’, in the case of a Department of Energy be as follows: U.S.C. 7385b) is amended by striking ‘‘The ac- facility, means an exposure assessment ‘‘(1) To assist individuals in making claims ceptance’’ and inserting ‘‘Except as provided that— under this subtitle. in subtitle D, the acceptance’’. (A) identifies any processes and toxic sub- ‘‘(2) To provide information on the benefits (c) REGULATIONS.—The Secretary of Labor stances used in the facility; available under this subtitle and on the re- shall prescribe the regulations required by (B) establishes the times in which such quirements and procedures applicable to the section 3668(d) of the Energy Employees Oc- toxic substances were used in the facility; provision of such benefits. cupational Illness Compensation Program and ‘‘(3) To act as an advocate on behalf of in- Act of 2000, as amended by this section, not (C) establishes the degree of exposure to dividuals seeking benefits under this sub- later than 120 days after the date of the en- such toxic substances taking into account title. actment of this Act. The Secretary may pre- available records and studies and informa- ‘‘(4) To make recommendations to the Sec- scribe interim final regulations necessary to tion on such processes and toxic substances. retary regarding the location of centers (to meet the deadlines specified in the preceding (g) SENSE OF CONGRESS.—It is the sense of be known as ‘resource centers’) for the ac- sentence and subsection (d)(1). Congress that the Secretary of Energy ceptance and development of claims for ben- (d) TRANSITION.—(1) The Secretary of should— efits under this subtitle. Labor shall commence the administration of (1) adopt a policy not to oppose any final ‘‘(5) To carry out such other duties with re- the provisions of subtitle D of the Energy positive determinations with respect to inspect to this subtitle as the Secretary shall Employees Occupational Illness Compensa- jured workers at Department of Energy fa- specify for purposes of this section. tion Program Act of 2000, as amended by this cilities and atomic weapons employer facili- ‘‘(d) INDEPENDENT OFFICE.—The Secretary section, not later than 180 days after the ties under State adjudication systems unless shall take appropriate actions to ensure the date of the enactment of this Act. such determinations are frivolous; and independence of the Office within the De- (2) The Secretary of Energy and the Sec- (2) incorporate the policy referred to in partment of Labor, including independence retary of Labor shall jointly take such ac- paragraph (1) in all Department of Energy from other officers and employees of the De- tions as are appropriate— contracts with non-Federal government enti- partment engaged in activities relating to (A) to identify the activities under subtitle ties to which such policy could apply. the administration of the provisions of this D of the Energy Employees Occupational Ill- (h) FUNDING FOR ADMINISTRATION IN FISCAL subtitle. ness Compensation Program Act of 2000, as YEAR 2005.—(1) Of the amount authorized to

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00151 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.085 S06PT1 S7680 CONGRESSIONAL RECORD — SENATE July 6, 2004 be appropriated for fiscal year 2005 by sec- Occupational Illness Compensation Program (A) between 1947 and 1975, no records, in- tion 3102(a)(1) for environmental manage- Act of 2000 for energy employees in the west- cluding bioassays or air samples, have been ment for defense site acceleration comple- ern New York region, including western located that indicate any monitoring oc- tion, $2,000,000 shall be available for purposes Pennsylvania; and curred of internal doses of radiation to which of the administration of the provisions of (2) recommend a location in that region for workers described in paragraph (8) were ex- subtitle D of the Energy Employees Occupa- a resource center to provide such assistance posed; tional Illness Compensation Program Act of to such energy employees. (B) between 1947 and 1955, no records, in- 2000, as amended by this section, during fis- SEC. 3156. REVIEW BY CONGRESS OF INDIVID- cluding dosimetry badges, have been located cal year 2005. UALS DESIGNATED BY PRESIDENT to indicate that any monitoring occurred of (2) The Secretary of Energy shall transfer AS MEMBERS OF COHORT. the external doses of radiation to which such to the Secretary of Labor the amount avail- Section 3621(14)(C)(ii) of that Act (42 U.S.C. workers were exposed; able under paragraph (1) for the purposes 10 7384l(14)(C)(ii)) is amended by striking ‘‘180 (C) between 1955 and 1962, records indicate specified in that paragraph. days’’ and inserting ‘‘60 days.’’ that only 8 to 23 workers in a workforce of (3) The Secretary of Labor shall utilize SEC. 3157. INCLUSION OF CERTAIN FORMER NU- amounts transferred to the Secretary under over 1,000 were monitored for external radi- CLEAR WEAPONS PROGRAM WORK- ation doses; and paragraph (2) for the purposes specified in ERS IN SPECIAL EXPOSURE COHORT paragraph (1). UNDER THE ENERGY EMPLOYEES (D) between 1970 and 1975, the high point of screening at the Iowa Army Ammunition SEC. 3154. TERMINATION OF EFFECT OF OTHER OCCUPATIONAL ILLNESS COM- ENHANCEMENTS OF ENERGY EM- PENSATION PROGRAM. Plant, only 25 percent of the workforce was PLOYEES OCCUPATIONAL ILLNESS (a) FINDINGS.—Congress makes the fol- screened for exposure to external radiation. COMPENSATION PROGRAM. lowing findings: (10) The Department of Health and Human Notwithstanding any other provision of (1) Energy workers at the former Services published the first notice of pro- this Act, section 3143, relating to enhance- Mallinkrodt facilities (including the St. posed rulemaking concerning the Special Ex- ments of the Energy Employees Occupa- Louis downtown facility and the Weldon posure Cohort on June 25, 2002, and the final tional Illness Compensation Program, shall Springs facility) were exposed to levels of rule published on May 26, 2004. have no force or effect, and the amendments radionuclides and radioactive materials that (11) Many of those former workers have specified in such section shall not be made. were much greater than the current max- died while waiting for the proposed rule to be SEC. 3155. SENSE OF SENATE ON RESOURCE CEN- imum allowable Federal standards. finalized, including some claimants who TER FOR ENERGY EMPLOYEES (2) The Mallinkrodt workers at the St. were waiting for dose reconstruction to be UNDER ENERGY EMPLOYEE OCCU- Louis site were exposed to excessive levels of completed. PATIONAL ILLNESS COMPENSATION airborne uranium dust relative to the stand- (12) Because of the aforementioned reasons, PROGRAM IN WESTERN NEW YORK including the serious lack of records and the AND WESTERN PENNSYLVANIA RE- ards in effect during the time, and many GION. workers were exposed to 200 times the pre- death of many potential claimants, it is not (a) FINDINGS.—The Senate makes the fol- ferred levels of exposure. feasible to conduct valid dose reconstruc- lowing findings: (3)(A) The chief safety officer for the tions for the Iowa Army Ammunition Plant (1) New York has 36 current or former De- Atomic Energy Commission during the facility or the Mallinkrodt facilities. partment of Energy facilities involved in nu- Mallinkrodt-St. Louis operations described (b) INCLUSION OF CERTAIN FORMER WORKERS the facility as 1 of the 2 worst plants with re- clear weapons production-related activities IN COHORT.—Section 3621(14) of the Energy spect to worker exposures. statewide, mostly atomic weapons employer Employees Occupational Illness Compensa- (B) Workers were excreting in excess of a facilities, and 14 such facilities in western tion Program Act of 2000 (title XXXVI of the New York. Despite having one of the great- milligram of uranium per day causing kid- Floyd D. Spence National Defense Authoriza- est concentrations of such facilities in the ney damage. United States, western New York, and abut- (C) A recent epidemiological study found tion Act for Fiscal Year 2001 (as enacted into ting areas of Pennsylvania, continue to be excess levels of nephritis and kidney cancer law by Public Law 106–398); 42 U.S.C. severely underserved by the Energy Employ- from inhalation of uranium dusts. 7384l(14)) is amended— ees Occupational Illness Compensation Pro- (4) The Department of Energy has admit- (1) by redesignating subparagraph (C) as gram under the Energy Employees Occupa- ted that those Mallinkrodt workers were subparagraph (D); and tional Illness Compensation Program Act of subjected to risks and had their health en- (2) by inserting after subparagraph (B) the 2000 (title XXXVI of the Floyd D. Spence Na- dangered as a result of working with these following new subparagraph (C): tional Defense Authorization Act for Fiscal highly radioactive materials. ‘‘(C) Subject to the provisions of section Year 2001 (as enacted into law by Public Law (5) The Department of Energy reported 3612A and section 3146(e) of the National De- 106–398); 42 U.S.C. 7384 et seq.). that workers at the Weldon Springs feed ma- fense Authorization Act for Fiscal Year 2005, (2) The establishment of a permanent re- terials plant handled plutonium and recycled the employee was so employed for a number source center in western New York would uranium, which are highly radioactive. of work days aggregating at least 45 work- represent a substantial step toward improv- (6) The National Institute of Occupational days at a facility operated under contract to ing services under the Energy Employees Oc- Safety and Health admits that— the Department of Energy by Mallinkrodt cupational Illness Compensation Program (A) the operations at the St. Louis down- Incorporated or its successors (including the for energy employees in this region. town site consisted of intense periods of St. Louis downtown or ‘Destrehan’ facility (3) The number of claims submitted to the processing extremely high levels of radio- during any of calendar years 1942 through Department under subtitle B of the Energy nuclides; and 1958 and the Weldon Springs feed materials Employees Occupational Illness Compensa- (B) the Institute has virtually no personal plant facility during any of calendar years tion Program Act of 2000 from the western monitoring data for Mallinkrodt workers 1958 through 1966), or at a facility operated New York region, including western Pennsyl- prior to 1948. by the Department of Energy or under con- vania, exceeds the number of such claims (7) The National Institute of Occupational tract by Mason & Hangar-Silas Mason Com- filed at resource centers in Hanford, Wash- Safety and Health has informed claimants pany at the Iowa Army Ammunition Plant ington, Portsmouth, Ohio, Los Alamos, New and their survivors at those 3 Mallinkrodt (also known as the Burlington Atomic En- Mexico, the Nevada Test Site, Nevada, the sites that if they are not interviewed as a ergy Commission Plant and the Iowa Ord- Rocky Flats Environmental Technology part of the dose reconstruction process, it— nance Plant) during any of the calendar Site, Colorado, the Idaho National Engineer- (A) would hinder the ability of the Insti- years 1947 through 1975, and during the em- ing Laboratory, Idaho, and the Amchitka tute to conduct dose reconstruction for the ployment— Test Site, Alaska. claimant; and ‘‘(i)(I) was monitored through the use of (4) Energy employees in the western New (B) may result in a dose reconstruction dosimetry badges for exposure at the plant of York region, including western Pennsyl- that incompletely or inaccurately estimates the external parts of an employee’s body to vania, deserve assistance under subtitle B of the radiation dose to which the energy em- radiation; or the Energy Employees Occupational Illness ployee named in the claim had been exposed. ‘‘(II) was monitored through the use of bio- Compensation Program Act of 2000 commen- (8) Energy workers at the Iowa Army Am- assays, in vivo monitoring, or breath sam- surate with the assistance provided energy munition Plant (also known as the Bur- ples for exposure at the plant to internal ra- employees at other locations in the United lington Atomic Energy Commission Plant diation; or States. and the Iowa Ordnance Plant) between 1947 ‘‘(ii) worked in a job that had exposures (b) SENSE OF SENATE.—It is the sense of the and 1975 were exposed to levels of radio- comparable to a job that is monitored, or Senate to encourage the Office of Ombuds- nuclides and radioactive material, including should have been monitored, under standards man of the Department of Labor, as estab- enriched uranium, plutonium, tritium, and of the Department of Energy in effect on the lished by section 3669 of the Energy Employ- depleted uranium, in addition to beryllium date of enactment of this subparagraph ees Occupational Illness Compensation Pro- and photon radiation, that are greater than through the use of dosimetry badges for gram Act of 2000 (as amended by section 3163 the current maximum Federal standards for monitoring external radiation exposures, or of this Act), to— exposure. bioassays, in vivo monitoring, or breath (1) review the availability of assistance (9) According to the National Institute of samples for internal radiation exposures, at under subtitle B of the Energy Employees Occupational Safety and Health— a facility.’’.

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(c) FUNDING OF COMPENSATION AND BENE- TITLE XXXII—DEFENSE NUCLEAR Defense Stockpile’’ means the stockpile pro- FITS.—(1) Such Act is further amended by in- FACILITIES SAFETY BOARD vided for in section 4 of the Strategic and serting after section 3612 the following new SEC. 3201. AUTHORIZATION. Critical Materials Stock Piling Act (50 section: There are authorized to be appropriated for U.S.C. 98c). ‘‘SEC. 3612A. FUNDING FOR COMPENSATION AND fiscal year 2005, $21,268,000 for the operation BENEFITS FOR CERTAIN MEMBERS of the Defense Nuclear Facilities Safety TITLE XXXIV—LOCAL LAW ENFORCEMENT OF THE SPECIAL EXPOSURE CO- Board under chapter 21 of the Atomic Energy ENHANCEMENT ACT. HORT. Act of 1954 (42 U.S.C. 2286 et seq.). ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— SEC. 3401. SHORT TITLE. There is hereby authorized to be appro- TITLE XXXIII—NATIONAL DEFENSE STOCKPILE This title may be cited as the ‘‘Local Law priated to the Department of Labor for each Enforcement Enhancement Act of 2004’’. fiscal year after fiscal year 2004 such sums as SEC. 3301. DISPOSAL OF FERROMANGANESE. may be necessary for the provision of com- (a) DISPOSAL AUTHORIZED.—The Secretary SEC. 3402. FINDINGS. of Defense may dispose of up to 50,000 tons of pensation and benefits under the compensa- Congress makes the following findings: ferromanganese from the National Defense tion program for members of the Special Ex- (1) The incidence of violence motivated by Stockpile during fiscal year 2005. posure Cohort described in section 3621(14)(C) the actual or perceived race, color, religion, (b) CONTINGENT AUTHORITY FOR ADDITIONAL in such fiscal year. national origin, gender, sexual orientation, DISPOSAL.—After the disposal of ‘‘(b) PROHIBITION ON USE FOR ADMINISTRA- or disability of the victim poses a serious na- ferromanganese authorized by subsection TIVE COSTS.—(1) No amount authorized to be tional problem. (a)— appropriated by subsection (a) may be uti- (2) Such violence disrupts the tranquility (1) the Secretary may dispose of up to an lized for purposes of carrying out the com- and safety of communities and is deeply divi- additional 25,000 tons of ferromanganese pensation program for the members of the sive. from the National Defense Stockpile before Special Exposure Cohort referred to in that (3) State and local authorities are now and September 30, 2005; and subsection or administering the amount au- will continue to be responsible for pros- (2) if the Secretary completes the disposal thorized to be appropriated by subsection (a). ecuting the overwhelming majority of vio- authorized by paragraph (1) before Sep- ‘‘(2) Amounts for purposes described in lent crimes in the United States, including tember 30, 2005, the Secretary may dispose of paragraph (1) shall be derived from amounts violent crimes motivated by bias. These au- up to an additional 25,000 tons of authorized to be appropriated by section thorities can carry out their responsibilities ferromanganese from the National Defense 3614(a). more effectively with greater Federal assist- Stockpile before that date. ‘‘(c) PROVISION OF COMPENSATION AND BENE- ance. (c) CERTIFICATION.—The Secretary may dis- FITS SUBJECT TO APPROPRIATIONS ACTS.—The (4) Existing Federal law is inadequate to provision of compensation and benefits under pose of ferromanganese under paragraph (1) or (2) of subsection (b) only if the Secretary, address this problem. the compensation program for members of (5) The prominent characteristic of a vio- the Special Exposure Cohort referred to in with the concurrence of the Secretary of Commerce, certifies to the congressional de- lent crime motivated by bias is that it dev- subsection (a) in any fiscal year shall be sub- astates not just the actual victim and the ject to the availability of appropriations for fense committees not later than 30 days before the commencement of disposal under family and friends of the victim, but fre- that purpose for such fiscal year and to ap- quently savages the community sharing the plicable provisions of appropriations Acts.’’. the applicable paragraph that— (1) the disposal of ferromanganese under traits that caused the victim to be selected. (2) Section 3612(d) of such Act (42 U.S.C. such paragraph is in the national interest (6) Such violence substantially affects 7384e(d)) is amended— due to extraordinary circumstances in mar- interstate commerce in many ways, includ- (A) by inserting ‘‘(1)’’ before ‘‘Subject’’; kets for ferromanganese; ing— and (2) the disposal of ferromanganese under (A) by impeding the movement of members (B) by adding at the end the following new such paragraph will not cause undue harm to of targeted groups and forcing such members paragraph: domestic manufacturers of ferroalloys; and to move across State lines to escape the inci- ‘‘(2) Amounts for the provision of com- (3) the disposal of ferromanganese under dence or risk of such violence; and pensation and benefits under the compensa- such paragraph is consistent with the re- (B) by preventing members of targeted tion program for members of the Special Ex- quirements and purpose of the National De- groups from purchasing goods and services, posure Cohort described in section 3621(14)(C) fense Stockpile under the Strategic and Crit- obtaining or sustaining employment, or par- may be derived from amounts authorized to ical Materials Stock Piling Act (50 U.S.C. 98 ticipating in other commercial activity. be appropriated by section 3612A(a).’’. et seq.). (7) Perpetrators cross State lines to com- (d) OFFSET.—The total amount authorized (d) DELEGATION OF RESPONSIBILITY.—The mit such violence. to be appropriated under subtitle A of this Secretary of Defense and the Secretary of (8) Channels, facilities, and instrumental- title is hereby reduced by $61,000,000. Commerce may each delegate the responsi- ities of interstate commerce are used to fa- (e) CERTIFICATION.—Funds shall be avail- bility of such Secretary under subsection (c) cilitate the commission of such violence. able to pay claims approved by the National to an appropriate official within the Depart- (9) Such violence is committed using arti- Institute of Occupational Safety and Health ment of Defense or the Department of Com- cles that have traveled in interstate com- for a facility by reason of section 3621(14)(C) merce, as the case may be. merce. of the Energy Employees Occupational Ill- (e) NATIONAL DEFENSE STOCKPILE DE- (10) For generations, the institutions of ness Compensation Program Act of 2000, as FINED.—In this section, the term ‘‘National slavery and involuntary servitude were de- amended by subsection (b)(2), if the Director Defense Stockpile’’ means the stockpile pro- fined by the race, color, and ancestry of of the National Institute of Occupational vided for in section 4 of the Strategic and those held in bondage. Slavery and involun- Safety and Health certifies with respect to Critical Materials Stock Piling Act (50 tary servitude were enforced, both prior to such facility each of the following: U.S.C. 98c). and after the adoption of the 13th amend- (1) That no atomic weapons work or re- ment to the Constitution of the United SEC. 3302. REVISIONS TO REQUIRED RECEIPT OB- lated work has been conducted at such facil- JECTIVES FOR CERTAIN PRE- States, through widespread public and pri- ity after 1976. VIOUSLY AUTHORIZED DISPOSALS vate violence directed at persons because of (2) That fewer than 50 percent of the total FROM THE NATIONAL DEFENSE their race, color, or ancestry, or perceived number of workers engaged in atomic weap- STOCKPILE. race, color, or ancestry. Accordingly, elimi- ons work or related work at such facility Section 3303(a) of the Strom Thurmond Na- nating racially motivated violence is an im- were accurately monitored for exposure to tional Defense Authorization Act for Fiscal portant means of eliminating, to the extent internal and external ionizing radiation dur- Year 1999 (50 U.S.C. 98d note) is amended— possible, the badges, incidents, and relics of ing the term of their employment. (1) in paragraph (4), by striking ‘‘and’’ at slavery and involuntary servitude. (3) That individual internal and external the end; (11) Both at the time when the 13th, 14th, exposure records for employees at such facil- (2) in paragraph (5), by striking the period and 15th amendments to the Constitution of ity are not available, or the exposure to radi- at the end and inserting ‘‘; and’’; and the United States were adopted, and con- ation of at least 40 percent of the exposed (3) by adding at the end the following new tinuing to date, members of certain religious workers at such facility cannot be deter- paragraph: and national origin groups were and are per- mined from the individual internal and ex- ‘‘(6) $870,000,000 by the end of fiscal year ceived to be distinct ‘‘races’’. Thus, in order ternal exposure records that are available. 2014.’’. to eliminate, to the extent possible, the (f) SENSE OF THE SENATE.—It is the sense of SEC. 3303. PROHIBITION ON STORAGE OF MER- badges, incidents, and relics of slavery, it is the Senate that all employees who are eligi- CURY AT CERTAIN FACILITIES. necessary to prohibit assaults on the basis of ble to apply for benefits under the compensa- (a) PROHIBITION.—The Secretary of Defense real or perceived religions or national ori- tion program established by the Energy Em- may not store mercury from the National gins, at least to the extent such religions or ployees Occupational Illness Compensation Defense Stockpile at any facility that is not national origins were regarded as races at Act should be treated fairly and equitably owned or leased by the United States. the time of the adoption of the 13th, 14th, with regard to inclusion under the special (b) NATIONAL DEFENSE STOCKPILE DE- and 15th amendments to the Constitution of exposure cohort provisions of this Act. FINED.—In this section, the term ‘‘National the United States.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00153 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.086 S06PT1 S7682 CONGRESSIONAL RECORD — SENATE July 6, 2004 (12) Federal jurisdiction over certain vio- (iv) certify that any Federal funds received explosive or incendiary device, attempts to lent crimes motivated by bias enables Fed- under this subsection will be used to supple- cause bodily injury to any person, because of eral, State, and local authorities to work to- ment, not supplant, non-Federal funds that the actual or perceived religion, national or- gether as partners in the investigation and would otherwise be available for activities igin, gender, sexual orientation, or disability prosecution of such crimes. funded under this subsection. of any person— (13) The problem of crimes motivated by (4) DEADLINE.—An application for a grant ‘‘(i) shall be imprisoned not more than 10 bias is sufficiently serious, widespread, and under this subsection shall be approved or years, fined in accordance with this title, or interstate in nature as to warrant Federal disapproved by the Attorney General not both; and assistance to States and local jurisdictions. later than 30 business days after the date on ‘‘(ii) shall be imprisoned for any term of SEC. 3403. DEFINITION OF HATE CRIME. which the Attorney General receives the ap- years or for life, fined in accordance with In this title, the term ‘‘hate crime’’ has plication. this title, or both, if— the same meaning as in section 280003(a) of (5) GRANT AMOUNT.—A grant under this ‘‘(I) death results from the offense; or the Violent Crime Control and Law Enforce- subsection shall not exceed $100,000 for any ‘‘(II) the offense includes kidnaping or an ment Act of 1994 (28 U.S.C. 994 note). single jurisdiction within a 1 year period. attempt to kidnap, aggravated sexual abuse SEC. 3404. SUPPORT FOR CRIMINAL INVESTIGA- (6) REPORT.—Not later than December 31, or an attempt to commit aggravated sexual TIONS AND PROSECUTIONS BY 2005, the Attorney General shall submit to abuse, or an attempt to kill. STATE AND LOCAL LAW ENFORCE- Congress a report describing the applications ‘‘(B) CIRCUMSTANCES DESCRIBED.—For pur- MENT OFFICIALS. submitted for grants under this subsection, (a) ASSISTANCE OTHER THAN FINANCIAL AS- poses of subparagraph (A), the circumstances the award of such grants, and the purposes SISTANCE.— described in this subparagraph are that— for which the grant amounts were expended. (1) IN GENERAL.—At the request of a law en- ‘‘(i) the conduct described in subparagraph (7) AUTHORIZATION OF APPROPRIATIONS.— forcement official of a State or Indian tribe, (A) occurs during the course of, or as the re- There is authorized to be appropriated to the Attorney General may provide technical, sult of, the travel of the defendant or the forensic, prosecutorial, or any other form of carry out this subsection $5,000,000 for each victim— assistance in the criminal investigation or of fiscal years 2005 and 2006. ‘‘(I) across a State line or national border; prosecution of any crime that— SEC. 3405. GRANT PROGRAM. or (A) constitutes a crime of violence (as de- (a) AUTHORITY TO MAKE GRANTS.—The Of- ‘‘(II) using a channel, facility, or instru- fined in section 16 of title 18, United States fice of Justice Programs of the Department mentality of interstate or foreign commerce; Code); of Justice shall award grants, in accordance ‘‘(ii) the defendant uses a channel, facility, (B) constitutes a felony under the laws of with such regulations as the Attorney Gen- or instrumentality of interstate or foreign the State or Indian tribe; and eral may prescribe, to State and local pro- commerce in connection with the conduct (C) is motivated by prejudice based on the grams designed to combat hate crimes com- described in subparagraph (A); race, color, religion, national origin, gender, mitted by juveniles, including programs to ‘‘(iii) in connection with the conduct de- sexual orientation, or disability of the vic- train local law enforcement officers in iden- scribed in subparagraph (A), the defendant tim, or is a violation of the hate crime laws tifying, investigating, prosecuting, and pre- employs a firearm, explosive or incendiary of the State or Indian tribe. venting hate crimes. device, or other weapon that has traveled in (2) PRIORITY.—In providing assistance (b) AUTHORIZATION OF APPROPRIATIONS.— interstate or foreign commerce; or under paragraph (1), the Attorney General There are authorized to be appropriated such ‘‘(iv) the conduct described in subpara- shall give priority to crimes committed by sums as may be necessary to carry out this graph (A)— offenders who have committed crimes in section. ‘‘(I) interferes with commercial or other more than 1 State and to rural jurisdictions SEC. 3406. AUTHORIZATION FOR ADDITIONAL economic activity in which the victim is en- that have difficulty covering the extraor- PERSONNEL TO ASSIST STATE AND gaged at the time of the conduct; or LOCAL LAW ENFORCEMENT. dinary expenses relating to the investigation ‘‘(II) otherwise affects interstate or foreign There are authorized to be appropriated to or prosecution of the crime. commerce. the Department of the Treasury and the De- (b) GRANTS.— partment of Justice, including the Commu- ‘‘(b) CERTIFICATION REQUIREMENT.—No (1) IN GENERAL.—The Attorney General prosecution of any offense described in this may award grants to assist State, local, and nity Relations Service, for fiscal years 2005, Indian law enforcement officials with the ex- 2006, and 2007 such sums as are necessary to subsection may be undertaken by the United traordinary expenses associated with the in- increase the number of personnel to prevent States, except under the certification in vestigation and prosecution of hate crimes. and respond to alleged violations of section writing of the Attorney General, the Deputy 249 of title 18, United States Code, as added (2) OFFICE OF JUSTICE PROGRAMS.—In imple- Attorney General, the Associate Attorney menting the grant program, the Office of by section ll07. General, or any Assistant Attorney General Justice Programs shall work closely with SEC. 3407. PROHIBITION OF CERTAIN HATE specially designated by the Attorney General CRIME ACTS. the funded jurisdictions to ensure that the that— (a) IN GENERAL.—Chapter 13 of title 18, concerns and needs of all affected parties, in- ‘‘(1) he or she has reasonable cause to be- cluding community groups and schools, col- United States Code, is amended by adding at the end the following: lieve that the actual or perceived race, color, leges, and universities, are addressed religion, national origin, gender, sexual ori- through the local infrastructure developed ‘‘§ 249. Hate crime acts entation, or disability of any person was a under the grants. ‘‘(a) IN GENERAL.— motivating factor underlying the alleged (3) APPLICATION.— ‘‘(1) OFFENSES INVOLVING ACTUAL OR PER- conduct of the defendant; and (A) IN GENERAL.—Each State that desires a CEIVED RACE, COLOR, RELIGION, OR NATIONAL ‘‘(2) he or his designee or she or her des- grant under this subsection shall submit an ORIGIN.—Whoever, whether or not acting ignee has consulted with State or local law application to the Attorney General at such under color of law, willfully causes bodily in- enforcement officials regarding the prosecu- time, in such manner, and accompanied by jury to any person or, through the use of tion and determined that— or containing such information as the Attor- fire, a firearm, or an explosive or incendiary ‘‘(A) the State does not have jurisdiction ney General shall reasonably require. device, attempts to cause bodily injury to or does not intend to exercise jurisdiction; (B) DATE FOR SUBMISSION.—Applications any person, because of the actual or per- ‘‘(B) the State has requested that the Fed- submitted pursuant to subparagraph (A) ceived race, color, religion, or national ori- eral Government assume jurisdiction; shall be submitted during the 60-day period gin of any person— ‘‘(C) the State does not object to the Fed- beginning on a date that the Attorney Gen- ‘‘(A) shall be imprisoned not more than 10 eral Government assuming jurisdiction; or eral shall prescribe. years, fined in accordance with this title, or ‘‘(D) the verdict or sentence obtained pur- (C) REQUIREMENTS.—A State or political both; and suant to State charges left demonstratively subdivision of a State or tribal official ap- ‘‘(B) shall be imprisoned for any term of unvindicated the Federal interest in eradi- plying for assistance under this subsection years or for life, fined in accordance with cating bias-motivated violence. shall— this title, or both, if— (i) describe the extraordinary purposes for ‘‘(i) death results from the offense; or ‘‘(c) DEFINITIONS.—In this section— which the grant is needed; ‘‘(ii) the offense includes kidnaping or an ‘‘(1) the term ‘explosive or incendiary de- (ii) certify that the State, political sub- attempt to kidnap, aggravated sexual abuse vice’ has the meaning given the term in sec- division, or Indian tribe lacks the resources or an attempt to commit aggravated sexual tion 232 of this title; and necessary to investigate or prosecute the abuse, or an attempt to kill. ‘‘(2) the term ‘firearm’ has the meaning hate crime; ‘‘(2) OFFENSES INVOLVING ACTUAL OR PER- given the term in section 921(a) of this (iii) demonstrate that, in developing a plan CEIVED RELIGION, NATIONAL ORIGIN, GENDER, title.’’. to implement the grant, the State, political SEXUAL ORIENTATION, OR DISABILITY.— (b) TECHNICAL AND CONFORMING AMEND- subdivision, or tribal official has consulted ‘‘(A) IN GENERAL.—Whoever, whether or not MENT.—The analysis for chapter 13 of title 18, and coordinated with nonprofit, nongovern- acting under color of law, in any cir- United States Code, is amended by adding at mental victim services programs that have cumstance described in subparagraph (B), the end the following: experience in providing services to victims of willfully causes bodily injury to any person hate crimes; and or, through the use of fire, a firearm, or an ‘‘249. Hate crime acts.’’.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00154 Fmt 4624 Sfmt 0655 E:\CR\FM\A06JY6.086 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7683 SEC. 3408. DUTIES OF FEDERAL SENTENCING use the same application form to seek grant ‘‘(i) to carry out fire prevention programs; COMMISSION. funds for one or more of the other purposes or (a) AMENDMENT OF FEDERAL SENTENCING set out in subparagraphs (A) through (O) of ‘‘(ii) to fund research to improve the GUIDELINES.—Pursuant to the authority pro- paragraph (3).’’. health and safety of firefighting personnel. vided under section 994 of title 28, United SEC. 3504. GRANTS FOR AUTOMATED EXTERNAL ‘‘(D) PRIORITY.—In selecting organizations States Code, the United States Sentencing DEFIBRILLATOR DEVICES. described in subparagraph (B) to receive as- Commission shall study the issue of adult re- Paragraph (3) of section 33(b) of the Fed- sistance under this paragraph, the Secretary cruitment of juveniles to commit hate eral Fire Prevention and Control Act of 1974 of Homeland Security shall give priority— crimes and shall, if appropriate, amend the (15 U.S.C. 2229(b)) is amended by adding at ‘‘(i) to organizations that focus on pre- Federal sentencing guidelines to provide sen- the end the following new subparagraph: venting injuries from fire to members of tencing enhancements (in addition to the ‘‘(O) To obtain automated external groups at high risk of such injuries, with an sentencing enhancement provided for the use defibrillator devices.’’. emphasis on children; and of a minor during the commission of an of- SEC. 3405. CRITERIA FOR REVIEWING GRANT AP- ‘‘(ii) to organizations that focus on re- fense) for adult defendants who recruit juve- PLICATIONS. searching methods to improve the health and niles to assist in the commission of hate Paragraph (2) of section 33(b) of the Fed- safety of firefighting personnel. crimes. eral Fire Prevention and Control Act of 1974 ‘‘(E) ALLOCATION OF FUNDS.—Not less than (b) CONSISTENCY WITH OTHER GUIDELINES.— (15 U.S.C. 2229(b)) is amended to read as fol- 66 percent of the total amount of funds made In carrying out this section, the United lows: available in a fiscal year to carry out this States Sentencing Commission shall— ‘‘(2) CRITERIA AND REVIEW OF APPLICA- paragraph shall be made available of the pro- (1) ensure that there is reasonable consist- TIONS.— grams described in subparagraph (A)(ii).’’. ency with other Federal sentencing guide- ‘‘(A) PRELIMINARY REVIEW CRITERIA.— (2) CONFORMING AMENDMENT.—The heading lines; and ‘‘(i) IN GENERAL.—The Secretary of Home- of such paragraph is amended to read as fol- (2) avoid duplicative punishments for sub- land Security shall establish specific criteria lows: stantially the same offense. for the preliminary review of an application ‘‘(4) FIRE PREVENTION AND FIREFIGHTER SEC. 3409. STATISTICS. submitted under this section. If an applica- SAFETY PROGRAMS.—’’. Subsection (b)(1) of the first section of the tion does not meet such criteria, the applica- (c) AVAILABILITY OF FUNDS FOR FIRE PRE- Hate Crimes Statistics Act (28 U.S.C. 534 tion may not receive further consideration VENTION AND FIREFIGHTER SAFETY PRO- note) is amended by inserting ‘‘gender,’’ for a grant under this section. GRAMS.—Paragraph (4)(A) of such section, as after ‘‘race,’’. ‘‘(ii) ANNUAL REVIEW OF CRITERIA.—Not less amended by subsection (b), is further amend- SEC. 3410. SEVERABILITY. often than once each year, the Secretary of ed in the matter preceding clause (i), by If any provision of this title, an amend- Homeland Security, in consultation with the striking ‘‘5 percent’’ and inserting ‘‘6 per- ment made by this title, or the application Administrator, shall convene a meeting of cent’’. of such provision or amendment to any per- individuals who are members of a fire service SEC. 3507. ASSISTANCE FOR APPLICATIONS. son or circumstance is held to be unconstitu- and are recognized for expertise in fire- Paragraph (5) of section 33(b) of the Fed- tional, the remainder of this title, the fighting or in emergency medical services eral Fire Prevention and Control Act of 1974 amendments made by this title, and the ap- provided by fire services, and who are not (15 U.S.C. 2229(b)), as amended by section 3(c), is further amended by adding at the end plication of the provisions of such to any employees of the Federal Government for the the following new subparagraph: person or circumstance shall not be affected purpose of reviewing and proposing changes ‘‘(D) ASSISTANCE TO PREPARE AN APPLICA- thereby. to the criteria established under clause (i). TION.—The Secretary of Homeland Security ‘‘(B) SELECTION THROUGH REVIEW BY EX- TITLE XXXV—ASSISTANCE TO shall provide assistance with the preparation PERTS.— FIREFIGHTERS. of applications for grants under this sec- ‘‘(i) REQUIREMENT FOR REVIEW.—The Sec- SEC. 3501. SHORT TITLE. tion.’’. This title may be cited as the ‘‘Assistance retary of Homeland Security shall award grants under this section based on the review SEC. 3508. REDUCED REQUIREMENTS FOR to Firefighters Act of 2004’’. MATCHING FUNDS. of applications for such grants by a panel of SEC. 3502. AUTHORITY OF SECRETARY OF HOME- (a) AMOUNT REQUIRED.—Paragraph (6) of fire service personnel appointed by a na- LAND SECURITY FOR FIREFIGHTER section 33(b) of the Federal Fire Prevention ASSISTANCE PROGRAM. tional organization recognized for expertise and Control Act of 1974 (15 U.S.C. 2229(b)) is (a) IN GENERAL.—Subsection (b)(1) of sec- in the operation and administration of fire amended by striking subparagraphs (A) and tion 33 of the Federal Fire Prevention and services. (B) and inserting the following: ‘‘(ii) ROLE OF THE SECRETARY.—The Sec- Control Act of 1974 (15 U.S.C. 2229) is amend- ‘‘(A) IN GENERAL.—Subject to subpara- ed by striking ‘‘Director’’ in the matter pre- retary of Homeland Security shall provide graphs (B) and (C), the Secretary of Home- ceding subparagraph (A) and inserting ‘‘Sec- for the administration of the review panel land Security may provide assistance under retary of Homeland Security, in consultation described in clause (i) and shall ensure that this subsection only if the applicant for such with the Administrator,’’. an individual appointed to such panel is a assistance agrees to match 20 percent of such (b) CONFORMING AMENDMENT.—Such section recognized expert in firefighting, medical assistance for any fiscal year with an equal is further amended by striking ‘‘Director’’ services provided by fire services, fire pre- amount of non-Federal funds. vention, or research on firefighter safety.’’. each place it appears and inserting ‘‘Sec- ‘‘(B) REQUIREMENT FOR SMALL COMMUNITY retary of Homeland Security’’. SEC. 3506. FINANCIAL ASSISTANCE FOR FIRE- ORGANIZATIONS.—In the case of an applicant (c) TECHNICAL AMENDMENT.—The heading FIGHTER SAFETY PROGRAMS. whose personnel— of subsection (b)(8) of such section is amend- (a) AUTHORITY.—Paragraph (1)(B) of section ‘‘(i) serve jurisdictions of 50,000 or fewer ed by striking ‘‘DIRECTOR’’ and inserting 33(b) of the Federal Fire Prevention and Con- residents, the percent applied under the ‘‘SECRETARY’’. trol Act of 1974 (15 U.S.C. 2229(b)) is amended matching requirement of subparagraph (A) SEC. 3503. GRANTS TO VOLUNTEER EMERGENCY by inserting ‘‘and firefighter safety’’ after shall be 10 percent; or MEDICAL SERVICE ORGANIZATIONS. ‘‘prevention’’. ‘‘(ii) serve jurisdictions of 20,000 or fewer (a) AUTHORITY TO AWARD GRANTS TO VOL- (b) EXPANSION OF EXISTING PROGRAM.— residents, the percent applied under the UNTEER EMERGENCY MEDICAL SERVICE (1) FIREFIGHTER SAFETY ASSISTANCE.—Para- matching requirement of subparagraph (A) SQUADS.—Paragraph (1)(A) of section 33(b) of graph (4) of such section is amended— shall be 5 percent.’’. the Federal Fire Prevention and Control Act (A) in subparagraph (A)(ii), by striking (b) EXCEPTION.—Such paragraph, as amend- of 1974 (15 U.S.C. 2229(b)) is amended by in- ‘‘organizations that are recognized’’ and all ed by subsection (a), is further amended by serting ‘‘or to volunteer emergency medical that follows and inserting ‘‘organizations eli- adding at the end the following new subpara- service organizations’’ after ‘‘fire depart- gible under subparagraph (B) for the pur- graph: ments’’. poses described in subparagraph (C).’’; and ‘‘(C) EXCEPTION.—No matching funds may (b) USE OF GRANT FUNDS.—Paragraph (3)(F) (B) by striking subparagraph (B), and in- be required under this subsection for assist- of such section is amended by inserting ‘‘or serting the following new subparagraphs: ance provided under subparagraph (A)(ii) of volunteer emergency medical service organi- ‘‘(B) ELIGIBILITY FOR ASSISTANCE.—An or- paragraph (4) to an organization described in zations that are not affiliated with a for- ganization may be eligible for assistance subparagraph (B) of such paragraph.’’. profit entity’’ after ‘‘fire departments’’. under subparagraph (A)(ii), if such organiza- (c) SPECIAL RULE FOR REQUESTS FOR AUTO- (c) SPECIAL RULE FOR APPLICATIONS FOR tion is a national, State, local, or commu- MATED EXTERNAL DEFIBRILLATOR DEVICES.— VOLUNTEER EMERGENCY MEDICAL SERVICES.— nity organization that is not a fire service Section 33(b) of such Act is further amended Paragraph (5) of such section is amended by and that is recognized for experience and ex- by adding at the end the following new para- adding at the end, the following new sub- pertise with respect to programs and activi- graph: paragraph: ties that promote— ‘‘(13) SPECIAL RULES FOR GRANTS FOR AUTO- ‘‘(C) SPECIAL RULE FOR VOLUNTEER EMER- ‘‘(i) fire prevention or fire safety; or MATED EXTERNAL DEFIBRILLATOR DEVICES.— GENCY MEDICAL SERVICES.—The Secretary of ‘‘(ii) the health and safety of firefighting ‘‘(A) LIMITATIONS.—The Secretary of Homeland Security shall permit an applicant personnel. Homeland Security shall reduce the percent- seeking grant funds for volunteer emergency ‘‘(C) USE OF FUNDS.—Assistance provided age of non-Federal matching funds for a medical services under paragraph (3)(F) to under subparagraph (A)(ii) shall be used— grant as described in subparagraph (B) if—

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00155 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.086 S06PT1 S7684 CONGRESSIONAL RECORD — SENATE July 6, 2004

‘‘(i) the applicant is requesting grant funds ‘‘(14) OTHER CONSIDERATIONS.—In providing amended by striking the first sentence and to obtain one or more automated external assistance under this section, the Secretary inserting ‘‘There are authorized to be appro- defibrillator devices, as authorized by para- of Homeland Security shall— priated for the purposes of this section graph (3)(O); ‘‘(A) consider the extent to which the re- $900,000,000 for fiscal year 2005, $950,000,000 for ‘‘(ii) the award of such grant will result in cipient of such assistance is able to enhance fiscal year 2006, and $1,000,000,000 for each of the applicant possessing exactly one such de- the daily operations of a fire service and to the fiscal years 2007 through 2010.’’. vice for each first-due emergency vehicle op- improve the protection of people and prop- (b) STUDY ON ASSISTANCE TO FIRE- erated by the applicant; erty from fire; and FIGHTERS.—There are authorized to be appro- ‘‘(iii) the applicant certifies to the Sec- ‘‘(B) ensure that such assistance awarded priated to the Secretary of Homeland Secu- retary of Homeland Security that the appli- to a volunteer emergency medical service or- rity $300,000 for fiscal year 2005 to carry out cant possesses, at the time such application ganization will not be used to provide emer- the requirements of section 4011(a). is filed, a number of such devices that is less gency medical services in a geographic area f than the number of first-due emergency ve- if such services are adequately provided by a hicles operated by the applicant and that the fire service in such area.’’. MEASURE PLACED ON THE applicant is capable of storing, in a manner SEC. 3511. REPORTS TO CONGRESS. CALENDAR—H.R. 4359 conducive to rapid use, such devices on each (a) STUDY AND REPORT ON ASSISTANCE TO such vehicle; and FIREFIGHTERS.— Mr. GRASSLEY. I understand there ‘‘(iv) the applicant has not previously re- (1) STUDY.—The Secretary, in conjunction is a bill at the desk that is due for its ceived a grant under this subsection to ob- with the National Fire Protection Associa- second reading. tain such devices. tion, shall conduct a study— The PRESIDING OFFICER. The Sen- ‘‘(B) MATCHING REQUIREMENTS.—If an appli- (A) to assess the types of activities that cant meets the criteria set out in clauses (i), ator is correct. The clerk will report are carried out by fire services; the bill by title for the second time. (ii), (iii), and (iv) of subparagraph (A), the (B) to determine whether the level of Fed- Secretary of Homeland Security shall reduce The assistant legislative clerk read eral funding made available to fire services the percentage of non-Federal matching is adequate; as follows: funds required by paragraph (6) by 2 percent- (C) to assess categories of services, includ- A bill (H. R. 4359) to amend the Internal age points for all assistance requested in the ing emergency medical services, that are not Revenue Code of 1986 to increase the child application submitted by such applicant. adequately provided by fire services on ei- tax credit. ‘‘(C) FIRST-DUE DEFINED.—In this para- ther the national or State level; and graph, the term ‘first-due’ means the fire- Mr. GRASSLEY. I object to further (D) to measure the effect, if any, of the as- fighting and emergency medical services ve- proceedings on the measure at this sistance provided under section 33 of the hicles that are utilized by a fire service for time in order to place the bill on the Federal Fire Prevention and Control Act of immediate response to an emergency situa- calendar under the provisions of rule tion.’’. 1974 (15 U.S.C. 2229) on the needs of fire services identified in the report submitted to XIV. SEC. 3509. GRANT RECIPIENT LIMITATIONS. Congress under section 1701(b) of the Floyd The PRESIDING OFFICER. Objec- (a) LIMITATIONS ON GRANT AMOUNTS.—Sub- D. Spence National Defense Authorization tion is heard. The bill will be placed on paragraph (A) of section 33(b)(10) of the Fed- eral Fire Prevention and Control Act of 1974 Act for Fiscal Year 2001 (as enacted into law the calendar. by Public Law 106–398; 114 Stat. 1654A–363). (15 U.S.C. 2229(b)(10)) is amended to read as f follows: (2) REPORT.—Not later than 18 months after the date of the enactment of this Act, ‘‘(A) LIMITATIONS ON GRANT AMOUNT.— ORDERS FOR WEDNESDAY, JULY 7, the Secretary shall submit to Congress a re- ‘‘(i) GENERAL LIMITATION.—Subject to 2004 clause (ii), a recipient of assistance under port on the findings of the study described in this section may not receive in a fiscal year paragraph (1). Mr. GRASSLEY. Mr. President, I ask an amount of such assistance that exceeds (b) REPORT BY GAO.—Not later than 18 unanimous consent that when the Sen- the greater of $2,250,000 or the amount equal months after the date of the enactment of ate completes its business today, it ad- to 0.5 percent of the total amount of funds this Act, the Comptroller General of the journ until 9:30 a.m. on Wednesday, appropriated for such assistance for such fis- United States shall submit to Congress a re- July 7. I further ask unanimous con- cal year. port on— (1) the administration of the assistance sent that following the prayer and the ‘‘(ii) LIMITATIONS ON BASIS OF POPU- provided under section 33 of the Federal Fire pledge, the morning hour be deemed LATION.—Subject to clause (iii), a recipient expired, the Journal of proceedings be of assistance under this section that serves a Prevention and Control Act of 1974 (15 U.S.C. jurisdiction of less than 1,000,000 individuals 2229); and approved to date, the time for the two may not receive more than $1,500,000 of such (2) the success of the Secretary in admin- leaders be reserved for their use later assistance for a fiscal year, except that such istering the Federal Emergency Management in the day, and that the Senate then a recipient that serves a jurisdiction of less Agency. begin a period of morning business for (c) REPORT ON WAIVER OF AMOUNT LIMITA- than 500,000 individuals may not receive up to 60 minutes with the first 30 min- TIONS.—Not later than 18 months after the more than $1,000,000 of such assistance dur- date of the enactment of this Act, the Sec- utes under the control of the Demo- ing a fiscal year. retary shall submit to Congress a report on cratic leader or his designee, and the ‘‘(iii) WAIVER.—With respect to assistance the instances, if any, of the use of the waiver final 30 minutes under the control of provided in a fiscal year before fiscal year authority set out in section 33(b)(10)(A)(iii) 2007, the Secretary of Homeland Security, in the majority leader or his designee; of the Federal Fire Prevention and Control consultation with the Administrator, may provided that following morning busi- Act of 1974 (15 U.S.C. 2229(b)(10)(A)(iii)), as waive the limitations set out in clause (ii) if ness the Senate resume consideration added by section 9. the Secretary determines that a waiver is of S. 2062, the class action bill. (d) DEFINITIONS.—In this section: warranted by an extraordinary need for as- (1) FIRE SERVICE.—The term ‘‘fire service’’ The PRESIDING OFFICER. Without sistance for fire suppression activities by a has the meaning given that term in section objection, it is so ordered. jurisdiction, whether such need is caused by 4 of the Federal Fire Prevention and Control the likelihood of terrorist attack, natural f Act of 1974 (15 U.S.C. 2203). disaster, destructive fires occurring over a (2) SECRETARY.—The term ‘‘Secretary’’ PROGRAM large geographic area, or some other cause.’’. means the Secretary of Homeland Security. (b) LIMITATIONS ON GRANTS FOR VOLUNTEER Mr. GRASSLEY. Mr. President, to- EMERGENCY MEDICAL SERVICES.—Such sec- SEC. 3512. TECHNICAL CORRECTIONS. morrow, following morning business, (a) REPEAL OF DUPLICATIVE DEFINITION.— tion, as amended by subsection (a), is further the Senate will resume consideration amended by adding at the end the following Subsection (d) of section 33 of the Federal new subparagraph: Fire Prevention and Control Act of 1974 (15 of the class action bill. The majority ‘‘(C) LIMITATIONS ON EXPENDITURES FOR U.S.C. 2229) is repealed. leader stated this morning that it is VOLUNTEER EMERGENCY MEDICAL SERVICES.— (b) REDESIGNATIONS NECESSITATED BY DU- his desire to consider related amend- Not more than 3.5 percent of the funds appro- PLICATIVE NUMBERING.—The sections 33 and ments to the pending class action bill priated to provide grants under this section 34 of the Federal Fire Prevention and Con- and finish the bill in a reasonable time- for a fiscal year may be awarded to volunteer trol Act of 1974 (15 U.S.C. 2230 and 2231) that frame. It is our hope that progress can emergency medical service organizations.’’. were added by sections 105 and 106 of Public be made on the bill during tomorrow’s Law 106–503 (114 Stat. 2301) are redesignated SEC. 3510. OTHER CONSIDERATIONS. session. Section 33(b) of the Federal Fire Preven- as sections 34 and 35, respectively. tion and Control Act of 1974 (15 U.S.C. SEC. 3513. AUTHORIZATION OF APPROPRIATIONS. Again, to reiterate, this is a bipar- 2229(b)), as amended by section 8, is amended (a) FIREFIGHTER ASSISTANCE PROGRAMS.— tisan bill, and I would encourage Sen- by adding at the end the following new para- Section 33(e) of the Federal Fire Prevention ators to show restraint in offering non- graph: and Control Act of 1974 (15 U.S.C. 2229(e)) is relevant amendments.

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00156 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.086 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7685 ORDER FOR ADJOURNMENT ingly have been one, will get two free and I suspect to other fairminded peo- Mr. GRASSLEY. Mr. President, if movie rentals and a dollar-off coupon. ple, including, I would be willing to there is no further business to come be- Meanwhile, attorneys received more bet, a number of plaintiffs’ attorneys. fore the Senate, I ask unanimous con- than $9 million in fees and expenses. We have witnessed the emergence in Let me also mention Poland Spring. sent that the Senate stand in adjourn- different parts of America of some- Poland Spring, if you are not aware of ment under the previous order fol- thing called magnet courts. Often- it, is a bottled water company. They lowing the remarks of the Senator times, they are county courts with lo- were sued a couple of years ago in a from Delaware, Mr. CARPER, for as cally elected judges and a reputation place called Kane County, IL. Alleg- much time as he may want to Use. for verdicts that can put the fear of edly, the company’s water was not pure The PRESIDING OFFICER. Without God in companies when cases are filed and did not come from a spring. During in one of them. Once a plaintiffs’ class objection, it is so ordered. the course of litigation, Poland Spring The Senator from Delaware. is certified in one of those courts, the settled. The consumers alleging that companies generally realize that their f they had spent their money on a prod- goose is about to be cooked and the uct they did not actually receive were CLASS ACTION FAIRNESS ACT work of reaching a settlement begins not compensated. Instead, they were in earnest. Mr. CARPER. Mr. President, over the awarded coupons which they could The attorneys who in many cases as- course of the next several days, a num- apply toward the purchase of the same sembled the plaintiff class of aggrieved ber of unkind things are likely to be Poland Spring water of which they consumers from across the country of- said about class action lawsuits, usu- originally weren’t happy. The attor- tentimes make out pretty well in those ally by people who do not support this neys who negotiated the settlement on settlements. As you might imagine legislation which is before us. their behalf meanwhile were awarded from the examples I have cited above, I simply suggest that some of the $1.35 million. Poland Spring itself ad- the people those attorneys represent criticism we are going to hear is mer- mitted no wrongdoing and has no sometimes do not. ited, but, quite frankly, some of it is plans, at least to my knowledge, to Those who are supporting the legisla- not. The legal process that we call change the way they bottle and market tion before the Senate this evening do class action can be traced back to the their water. so in the belief somebody needs to do old English courts of chancery. Here is another one: General Mills something about the growing trend to- Despite the criticism leveled at class was sued because an unapproved food ward forum shopping we are witnessing action lawsuits today, these lawsuits additive apparently was used in some around the country. frequently have served a public good. oats that were used to make Cheerios. In addition, somebody needs to do so They have proven a powerful weapon Although I am told there was no evi- while preserving access to the courts against unscrupulous or reckless busi- dence of customer injury, a settlement when people are harmed. My col- nesses, discouraging those businesses was reached in the class action lawsuit. leagues, that somebody is us. from selling dangerous products or It provided for $1.75 million in fees for The legislation before the Senate to- from cheating customers. the plaintiffs’ attorneys. The plain- night, the Class Action Fairness Act, Class action lawsuits reduce the like- tiffs? They received a coupon for more does not get rid of class action law- lihood that rogue companies can harm Cheerios. suits. And it should not. For years, thousands of innocent people, confident In another class action suit involving they have been an efficient way for in the belief that none of those people Chase Manhattan Bank, plaintiffs’ at- small and large groups of consumers could ever afford to hold those compa- torneys collected, I am told, over $4 who have been harmed or shortchanged nies accountable in court for their mis- million. The plaintiffs? They could col- by some product or service to pursue deeds. lect 33 cents apiece if they were willing legislation against the company, when to pony up the money for a postage There are many examples over time those consumers lack the wherewithal stamp. where the bad guys were caught in the to pursue justice on their own. With the next one, I think it may ac- act, where they were taken to court What the legislation now before the tually get worse. In a different class and where they were ordered to pay up. Senate seeks to do is ensure class ac- action lawsuit against the Bank of Bos- The film ‘‘Erin Brockovich’’ tells a tion lawsuits that are national in scope ton over escrow accounts, plaintiffs ap- story about one such time. Not long are decided in Federal courts. When the parently didn’t win a dime. In fact, ago I picked up a video at Blockbuster bulk of plaintiffs comes from across their accounts were debited to help pay of the film starring Julie Roberts in America, a decision can have an im- the title role that some of us may have attorneys’ fees of $8.5 million. Let me mention just one more. A pact on all or most of the 50 States. seen. The film tells the story of how couple of years ago, Intel was taken Federal judges, not State, not county one woman convinced hundreds of peo- into court in I believe Madison County, judges, should hear those cases more ple residing in a place called Hinkley, IL, for asserting that the company’s often than not. CA, to join in a lawsuit. Together, they Pentium IV chips were faster than the These issues are not new. They have sued a utility company that was mak- company’s Pentium III chips. been the subject of a number of con- ing people sick by polluting their water Let me say that I have no idea which gressional hearings over the years. supply. Erin Brockovich’s leadership chip is faster. I do have a hunch, These issues have been debated and won damages of $333 million for the though, that the Madison County voted on in the relevant committees in victims of that pollution. That true Courthouse probably isn’t the best both the House and the Senate. These story is just one example of the good forum in which to make that deter- issues have been debated in the U.S. that class action litigation can accom- mination. For that matter, neither House of Representatives and last year plish. were any of the other local courts in the House approved and sent to the While I will not take the time this which the previous five cases that I Senate a bill that sought to address the evening to talk about those other ex- have mentioned here were brought. concerns we are raising this evening. amples, let me say there are plenty of Don’t get me wrong. Class action The Senate Judiciary Committee re- them. Unfortunately, though, there are lawsuits are still being brought for ported out a more balanced bill, I be- also a growing number of examples noble purposes that none of us would lieve, than the one we received from that are not as uplifting or not as in- question for a minute. Last month, in the House last year. That Senate bill spiring as the tale told in ‘‘Erin fact, a class of 1.6 million current and was further improved through bipar- Brockovich.’’ former female Wal-Mart employees al- tisan negotiations last fall after efforts Let me mention several of those, too. leging gender discrimination at that to proceed to class action fell one vote Ironically, one of them also involves company were certified as a class. Iron- short in the Senate. Blockbuster. That company was sued ically, I believe it was in a Federal It will come as no surprise that not over its policy of charging customers court in California. everyone likes the measure before the for overdue rentals. The result was There is a growing phenomena, how- Senate this evening. As is often the that plaintiffs, of which I may unknow- ever, that is troubling, at least to me case with highly contentious issues,

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00157 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.106 S06PT1 S7686 CONGRESSIONAL RECORD — SENATE July 6, 2004 some would say this bill goes too far. These and other changes have caused of the class are citizens of a single state, the Frankly, there are others who say it several of our colleagues, especially on relationship of the defendants to the forum does not go far enough. The latter con- our side of the aisle, who had pre- state, or whether the claims arise from death, personal injury, or physical property tend, for example, this is not real tort viously opposed class action legisla- damage within the state. Further, the Con- reform. They are right. It is court re- tion, to support the bill that is before ference should continue to explore additional form. It attempts to close the gaping the Senate tonight. approaches to the consolidation and coordi- loophole in Federal law. But Members of the legislative nation of overlapping or duplicative class ac- That loophole allows the plaintiffs branch are not the only ones who ap- tions that do not unduly intrude on state from one State to be tried in a State or parently have had a change of heart. courts or burden federal courts. county court of another State on mat- Back in 1999, the Federal judiciary reg- S. 274, as reported by the Senate Judiciary ters that have national implications. istered its opposition to a previous Committee, generally provides for federal jurisdiction of a class action based on minimal That loophole also allows those cases version of the Class Action Fairness diversity of citizenship if the matter in con- to be heard by judges who are locally Act through a letter the judicial controversy exceeds the sum of $5 million, ex- elected and whose elections and reelec- ference sent to HENRY HYDE who was clusive of interest and costs. (S. 274 as intro- tions are supported at least in part by then the chairman of the House Judici- duced established a $2 million minimum some of the very same plaintiffs’ attor- ary Committee. And why? Largely be- amount in controversy.) The bill also now neys bringing cases before those judges cause Federal judges fear the bill could permits a federal district court, in the inter- against out-of-State defendants. well flood Federal courts with class ac- ests of justice, to decline to exercise jurisdiction over a class action in which greater Let me take a moment or two to be tion cases that otherwise would be than one-third but less than two-thirds of clear about what this bill does and does heard in State or in local courts. the members of all proposed plaintiff classes not do. This legislation does not limit Today, that view has changed as the in the aggregate and the primary defendants the damages that can be awarded in legislation has undergone some of the are citizens of the state in which the action class action lawsuits. It does not elimi- changes we have been talking about was originally filed. The court would be re- nate punitive damages. It does not this evening. quired to consider five specified factors when mention joint and several liability. In The Federal judiciary no longer op- exercising this discretion. (This discre- fact, even if this bill is adopted, a ma- poses class action reform. I invite my tionary provision was not included in the bill as introduced.) jority of class action lawsuits will still colleagues to read those views for In addition, S. 274 as reported provides be heard in State courts. For example, themselves. They are contained in this that the federal district courts shall not cases with fewer than 100 plaintiffs will letter from the Judicial Conference have original jurisdiction over any class ac- be heard in State courts. The same which I hold in my hand. tion in which: (A) two-thirds or more of the holds true for cases involving less than Mr. President, I ask unanimous con- members of all proposed plaintiff classes in $5 million, as well as for cases where sent this letter be printed in the the aggregate and the primary defendants two-thirds or more of the plaintiffs are RECORD. are citizens of the state in which the action was originally filed; (B) the primary defend- from the same State as the defendant. There being no objection, the material was ordered to be printed in the ants are states, state officials, or other gov- Federal judges would also have the ernmental entities against whom the district discretion to keep cases in State courts RECORD, as follows: court may be foreclosed from ordering relief; where as few as one-third of the plain- JUDICIAL CONFERENCE OF THE or (C) the number of members of all proposed tiffs are from the same State as the de- UNITED STATES plaintiff classes in the aggregate is less than fendants. Washington, DC, April 25, 2003. one hundred. As introduced, the second and That is not all. This bill includes Hon. PATRICK J. LEAHY, third exceptions were the same, but the first what we call a local controversy excep- Ranking Member, Committee on the Judiciary, one originally precluded federal jurisdiction tion. That local controversy exception U.S. Senate, Dirksen Senate Office Build- where ‘‘the substantial majority of the mem- ing, Washington, DC. will leave in State court class actions bers of the proposed plaintiff class and the DEAR SENATOR LEAHY: Thank you for your primary defendants are citizens of the State with multiple defendants as long as one letters of April 9, 2003, and April 11, 2003. In in which the action was originally filed’’ and of the primary defendants is local. those letters, you requested that the Judi- ‘‘the claims asserted therein will be gov- That provision is intended to ensure cial Conference provide the Senate Judiciary erned primarily by the laws of’’ that state. State courts can continue to preside Committee with legislative language imple- The replacement language in essence sub- over local controversies even though menting the Judicial Conference’s March stitutes a numerical ratio for ‘‘substantial plaintiffs may name an out-of-State 2003 recommendations on class-action litiga- majority’’ and eliminates the choice-of-law tion and the views of the Conference on S. defendant, such as a parent company. requirement. 274, the ‘‘Class Action Fairness Act of 2003,’’ We are grateful that Congress is working This bill is an improvement, at least as reported by the Senate Judiciary Com- to resolve the serious problems generated by in my judgment, over the House bill in mittee on April 11, 2003. overlapping and competing class actions. some other ways, too. The House bill is As you know, at its March 18, 2003, session, The Judicial Conference ‘‘recognizes that the retroactive. The Senate bill is not. The the Judicial Conference adopted the fol- use of minimal diversity of citizenship may House bill allows defendants to file ap- lowing resolution: be appropriate to the maintenance of signifi- peals of class certifications that would That the Judicial Conference recognize cant multi-state class action litigation in unnecessarily delay a plaintiff’s day in that the use of minimal diversity of citizen- the federal courts.’’ At the same time, the ship may be appropriate to the maintenance court. The Senate bill does not. The Judicial Conference does not support the re- of significant multi-state class action litiga- moval of all state law class actions into fed- House bill allows defendants to have tion in the federal courts, while continuing eral court. Appropriate legislation should multiple bites out of the apple and con- to oppose class action legislation that con- ‘‘include sufficient limitations and threshold tinue to appeal decisions by judges to tains jurisdictional provisions that are simi- requirements so that federal courts are not keep cases in State court. The Senate lar to those in the bills introduced in the unduly burdened and states’ jurisdiction bill does not. 106th and 107th Congresses. If Congress deter- over in-state class actions is left undis- Unlike the House bill, the measure mines that certain class actions should be turbed.’’ Finding the right balance between before the Senate allows lead plain- brought within the original and removal ju- these objectives and articulating that bal- risdiction of the federal courts on the basis tiffs, especially those in civil rights ance in legislative language implicate impor- of minimal diversity of citizenship and an tant policy choices. cases, to receive a greater payment aggregation of claims, Congress should be Any minimal-diversity bill will result in that is reflective of the higher and encouraged to include sufficient limitations certain cases being litigated in federal court riskier profile they have assumed. and threshold requirements so that the fed- that would not previously have been subject Other provisions have been adopted eral courts are not unduly burdened and to federal jurisdiction. The effects of this as well. In settlements where coupons states’ jurisdiction over in-state class ac- transfer should be assessed in determining were awarded to plaintiffs, the fees to tions is left undisturbed, such as by employ- the appropriateness of various limitations on their attorneys are linked directly ing provisions to raise the jurisdictional the availability of minimal diversity juris- under this bill to the coupons that are threshold and to fashion exceptions to such diction. jurisdiction that would preserve a role for Certain kinds of cases would seem to be in- actually redeemed, not just issued. In the state courts in the handling of in-state herently ‘‘state-court’’ cases—cases in which addition, Federal judges may direct class actions. Such exceptions for in-state a particular state’s interest in the litigation that the value of unredeemed coupons class actions may appropriately include such is so substantial that federal court jurisdic- be donated to charity. factors as whether substantially all members tion ought not be available. At the same

VerDate jul 14 2003 05:20 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00158 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.109 S06PT1 July 6, 2004 CONGRESSIONAL RECORD — SENATE S7687 time, significant multi-state class actions Having said that, a balance still est step to rein in a system that too often would seem to be appropriate candidates for needs to be found in today’s system simply taxes corporations—irrespective of removal to federal court. that is respectful on the one hand of whether they have done anything wrong— The Judicial Conference’s resolution delib- the right to seek redress for wrong- and uses that money to pay lawyers who pro- erately avoided specific legislative language, vided no services to anyone. Such a system out of deference to Congress’s judgment and doing by corporations while preserving does not deserve the Senate’s protection for the political process. These issues implicate a reasonable measure of fairness for yet another Congress. fundamental interests and relationships that business interests, too. Their words, not mine. But to those are political in nature and are peculiarly Patti Waldmeir, who writes on legal words let me simply add: Amen. within Congress’s province. Notwithstanding issues for the Financial Times, With that, Mr. President, I yield this general view, we can, however, confirm summed it up in her column last back my time. that the conference has no objection to pro- month with these words: posals: (1) to increase the threshold jurisdic- f tional amount in controversy for federal The class-action lawsuit was meant to be a minimal diversity jurisdiction: (2) to in- vehicle for democracy in the U.S., a way to level the playing field between the powerless ADJOURNMENT UNTIL 9:30 A.M. crease the number of all proposed plaintiff TOMORROW class members required for maintenance of a and powerful by allowing individuals to band federal minimal-diversity class action; and together to sue big corporations. The PRESIDING OFFICER. Under (3) to confer upon the assigned district judge I believe the bill before us does strike the previous order, the Senate stands the discretion to decline to exercise jurisdic- the balance that is needed. I am adjourned until 9:30 a.m. tomorrow tion over a minimal-diversity federal class pleased to say that view is reflected on morning. action if whatever criteria imposed by the the editorial pages of scores of news- Thereupon, the Senate, at 7:38 p.m., statute are satisfied. Finally, the Conference papers across America: from the Chi- adjourned until Wednesday, July 7, continues to encourage Congress to ensure that any legislation that is crafted does not cago Tribune, to the St. Louis Post 2004, at 9:30 a.m. Dispatch, the Des Moines Register, the ‘‘unduly intrude on state courts or burden f federal courts.’’ Christian Science Monitor, the Buffalo We thank you for your efforts in this most News, the Baltimore Sun, the Hartford NOMINATIONS complex area of jurisdiction and public pol- Courant, Newsday, the Omaha World- icy. Executive nomination received by Herald, the Oregonian, the Orlando the Senate July 6, 2004: Sincerely, Sentinel, the Providence Journal, the LEONIDAS RALPH MECHAM, THE JUDICIARY Secretary. Santa Fe New Mexican, and, yes, even the Washington Post. KEITH STARRETT, OF MISSISSIPPI, TO BE UNITED Mr. CARPER. The pages who are still STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT Let me conclude my remarks this OF MISSISSIPPI, VICE CHARLES W. PICKERING, SR., RE- here tonight would agree I may have evening with these words from the edi- SIGNED. talked at least long enough for one torial pages of the Washington Post in f evening. endorsing the Class Action Fairness As I prepare to wrap up, let me ac- Act. These are their words: CONFIRMATION knowledge that the impact of class ac- Executive nomination confirmed by tion lawsuits on our Nation’s business It would ensure that cases with implications for national policies get decided by a the Senate July 6, 2004: climate may not be as harmful as some court system accountable to the whole coun- THE JUDICIARY of our business interests contend. In try. This is not, as opponents have cast it, an some cases, they may actually over- J. LEON HOLMES, OF ARKANSAS, TO BE UNITED attack on the right to sue or a liability STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT state the harm class actions have done. shield for corporate wrongdoing. It is a mod- OF ARKANSAS.

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HIGHLIGHTS: See Re´sume´ of Congressional Activity. Senate confirmed the nomination of J. Leon Holmes, to be United States District Judge for the Eastern District of Arkansas. Senate Class Action Fairness Act: Senate began consider- Chamber Action ation of S. 2062, to amend the procedures that apply Routine Proceedings, pages S7529–S7687 to consideration of interstate class actions to assure Measures Introduced: Four bills and one resolution fairer outcomes for class members and defendants were introduced, as follows: S. 2607–S. 2610, and S. Pages S7563–70 Res. 398. Page S7580 A unanimous-consent agreement was reached providing for further consideration of the bill at ap- Measures Reported: proximately 10:30 a.m., on Wednesday, July 7, Reported on Wednesday, June 30, during the ad- 2004 Page S7684 journment: S. 2351, to establish a Federal Interagency Com- Messages From the President: Senate received the mittee on Emergency Medical Services and a Federal following message from the President of the United Interagency Committee on Emergency Medical Serv- States: ices Advisory Council. (S. Rept. No. 108–291) Transmitting, pursuant to law, the legislation and Reported today: supporting documents to implement the United S. 1735, to increase and enhance law enforcement States-Australia Free Trade Agreement (FTA); which resources committed to investigation and prosecution was referred to the Committee on Finance. (PM–90) of violent gangs, to deter and punish violent gang Page S7576 crime, to protect law abiding citizens and commu- Appointments: nities from violent criminals, to revise and enhance National Commission on the Cost of Higher criminal penalties for violent crimes, to reform and Education: The Chair announced the following ap- facilitate prosecution of juvenile gang members who pointment made by the Democratic Leader during commit violent crimes, to expand and improve gang the adjournment: Pursuant to Public Law 105–18, prevention programs, with an amendment in the na- on behalf of the Democratic Leader, the appointment ture of a substitute Page S7580 of Clare M. Cotton, of Massachusetts, to serve as a Measures Passed: member of the National Commission on the Cost of Higher Education on June 30, 2004 Page S7590 National Airborne Day: Senate agreed to S. Res. 322, designating August 16, 2004, as ‘‘National Nominations Confirmed: Senate confirmed the fol- Airborne Day’’ Pages S7590–92 lowing nomination: By 51 yeas 46 nays (Vote No. Ex. 153), J. Leon National Health Center Week: Senate agreed to Holmes, of Arkansas, to be United States District S. Res. 357, designating the week of August 8 Judge for the Eastern District of Arkansas through 14, 2004, as ‘‘National Health Center Pages S7532–63, S7687 Week’’ Pages S7590–92 Nominations Received: Senate received the fol- National ADD Awareness Day: Senate agreed to lowing nomination: S. Res. 370, designating September 7, 2004, as ‘‘Na- Keith Starrett, of Mississippi, to be United States tional Attention Deficit Disorder Awareness Day’’ District Judge for the Southern District of Mis- Pages S7590–92 sissippi Page S7687 D710

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Messages From the House: Pages S7576–77 Record Votes: One record vote was taken today. Page S7563 Measures Referred: Page S7577 (Total—153) Adjournment: Senate convened at 9:45 a.m., and Measures Placed on Calendar: Page S7577 adjourned at 7:38 p.m., until 9:30 a.m., on Wednes- Enrolled Bills Presented: Page S7577 day, July 7, 2004. (For Senate’s program, see the re- Executive Communications: Pages S7577–80 marks of the Acting Majority Leader in today’s Record on page S7684.) Executive Reports of Committees: Page S7580 Additional Cosponsors: Pages S7580–82 Committee Meetings Statements on Introduced Bills/Resolutions: Pages S7582–83 (Committees not listed did not meet) Additional Statements: Pages S7574–76 BUSINESS MEETING Amendments Submitted: Pages S7583–90 Committee on Governmental Affairs: Committee ordered Notices of Hearings/Meetings: Page S7590 favorably reported the nomination of David M. Stone, of Virginia, to be an Assistant Secretary of Privilege of the Floor: Page S7590 Homeland Security. h House of Representatives Filed on July 1, 2004: H.R. 4754, making appro- Chamber Action priations for the Departments of Commerce, Justice, Measures Introduced: 10 public bills, H.R. and State, the Judiciary, and related agencies for the 4756–4765; and 4 resolutions, H. Con. Res. 469, fiscal year ending September 30, 2005 (H. Rept. and H. Res. 702–704 were introduced. Page H5195 108–576); Additional Cosponsors: Pages H5195–96 Filed on July 1, 2004: H.R. 4755, making appro- Reports Filed: Reports were filed today as follows: priations for the Legislative Branch for the fiscal year Omitted from the Record of June 25, 2004: H.R. ending September 30, 2005 (H. Rept. 108–577); 3936, to amend title 38, United States Code, to au- Filed on July 1, 2004: H.R. 4516, to require the thorize the principal office of the United States Secretary of Energy to carry out a program of re- Court of Appeals for Veterans Claims to be at any search and development to advance high-end com- location in the Washington, D.C., metropolitan area, puting, amended (H. Rept. 108–578); rather than only in the District of Columbia, and ex- Filed on July 1, 2004: H.R. 3890, to reauthorize pressing the sense of Congress that a dedicated Vet- the Steel and Aluminum Energy Conservation and erans Courthouse and Justice Center should be pro- Technology Competitiveness Act of 1988, amended vided for that Court and those it serves and should (H. Rept. 108–579); be located, if feasible, at a site owned by the United Filed on July 1, 2004: H.R. 4218, to amend the States that is part of or proximate to the Pentagon High-Performance Computing Act of 1991 (H. Reservation (H. Rept. 108–574, Pt. 1); Rept. 108–580); Filed on June 28, 2004: H.R. 3980, to establish Filed on July 1, 2004: H.R. 3598, to establish an a National Windstorm Impact Reduction Program, interagency committee to coordinate Federal manu- amended (H. Rept. 108–575, Pt. 1); facturing research and development efforts in manu- Filed on June 30, 2004: H.R. 3247, to provide facturing, strengthen existing programs to assist consistent enforcement authority to the Bureau of manufacturing innovation and education, and expand Land Management, the National Park Service, the outreach programs for small and medium-sized man- United States Fish and Wildlife Service, and the For- ufacturers, amended (H. Rept. 108–581); est Service to respond to violations of regulations re- H.R. 1914, to provide for the issuance of a coin garding the management, use, and protection of to commemorate the 400th anniversary of the James- public lands under the jurisdiction of these agencies, town settlement, amended (H. Rept. 108–472, Pt. to clarify the purposes for which collected fines may 2); be used, amended (H. Rept. 108–511, Pt. 2);

VerDate May 21 2004 06:29 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D06JY4.REC D06JY4 D712 CONGRESSIONAL RECORD — DAILY DIGEST July 6, 2004 H.R. 2768, to require the Secretary of the Treas- ‘‘James E. Worsham Carrier Annex Building’’, re- ury to mint coins in commemoration of Chief Justice spectively; Pages H5159–60 John Marshall, amended (H. Rept. 108–473, Pt. 2); Vitilas ‘‘Veto’’ Reid Post Office Building Des- H.R. 3277, to require the Secretary of the Treas- ignation Act: H.R. 4327, to designate the facility of ury to mint coins in commemoration of the 230th the United States Postal Service located at 7450 Anniversary of the United States Marine Corps, and Natural Bridge Road in St. Louis, Missouri, as the to support construction of the Marine Corps Herit- ‘‘Vitilas ‘Veto’ Reid Post Office Building’’; age Center, amended (H. Rept. 108–474, Pt. 2); Page H5161 H.R. 4362, to authorize the Secretary of the Inte- rior to accept a parcel of Federal land in the State Perry B. Duryea, Jr. Post Office Building Des- of Washington in trust for the Nisqually Tribe, to ignation Act: H.R. 4427, to designate the facility of ensure that the acceptance of such land does not ad- the United States Postal Service located at 73 South versely affect the Bonneville Power Administration Euclid Avenue in Montauk, New York, as the (H. Rept. 108–582, Pt. 1); and ‘‘Perry B. Duryea, Jr. Post Office’’; and H. Res. 701, providing for consideration of H.R. Pages H5161–62 4754, making appropriations for the Departments of Expressing the sense of Congress that the Presi- Commerce, Justice, and State, the Judiciary, and re- dent should posthumously award the Presidential lated agencies for the fiscal year ending September Medal of Freedom to Harry W. Colmery: H. Con. 30, 2005 (H. Rept. 108–583). Page H5194 Res. 257, expressing the sense of Congress that the Speaker: Read a letter from the Speaker wherein he President should posthumously award the Presi- appointed Representative Culberson to act as Speaker dential Medal of Freedom to Harry W. Colmery, by 2 Pro Tempore for today. Page H5153 a ⁄3 yea-and-nay vote of 381 yeas to 1 nay, Roll No. Private Calendar: On the call of the Private Cal- 327. Pages H5162–66 endar, the House passed H.R. 530, for the relief of Recess: The House recessed at 3:01 p.m. and recon- Tanya Andrea Goudeau; H.R. 712, for the relief of vened at 6:30 p.m. Page H5165 Richi James Lesley; H.R. 867, for the relief of Presidential Message: Read a message from the Durreshahwar Durreshahwar, Nida Hasan, Asna President wherein he transmitted legislation and Hasan, Anum Hasan, and Iqra Hasan; and S. 103, supporting documents to implement the United for the relief of Lindita Idrizi Heath. Pages H5153–54 States-Australia Free Trade Agreement—referred to Suspensions: The House agreed to suspend the rules the Committee on Ways and Means and ordered and pass the following measures: printed (H. Doc. 108–199). Pages H5166–67 Recognizing the 25th anniversary of the adop- Senate Message: Message received from the Senate tion of the Constitution of the Republic of the today appears on page H5153. Marshall Islands: H. Con. Res. 410, amended, rec- Senate Referrals: S. 2401, S. 2402, and S. 2403 ognizing the 25th anniversary of the adoption of the were held at the desk. Page H5153 Constitution of the Republic of the Marshall Islands and recognizing the Marshall Islands as a staunch Amendments: Amendments ordered printed pursu- ally of the United States, committed to principles of ant to the rule appear on pages H5196–97. democracy and freedom for the Pacific region and Quorum Calls—Votes: Two yea-and-nay votes de- throughout the world, by a 2⁄3 yea-and-nay vote of veloped during the proceedings of today and appear 379 yeas with none voting ‘‘nay’’, Roll No. 326; on pages H5165 and H5165–66. There were no Pages H5155–58, H5165 quorum calls. Eisenhower Exchange Fellowship Program Trust Adjournment: The House met at 2 p.m. and ad- Fund Enhancement Act of 2003: H.R. 2121, to journed at 11:04 p.m. amend the Eisenhower Exchange Fellowship Act of 1990 to authorize additional appropriations for the Eisenhower Exchange Fellowship Program Trust Committee Meetings Fund; Pages H5158–59 James E. Worsham Post Office and James E. MILITARY CONSTRUCTION Worsham Carrier Annex Building Redesignation APPROPRIATIONS Acts: H.R. 3340, to redesignate the facilities of the Committee on Appropriations: Subcommittee on Mili- United States Postal Service located at 7715 and tary Construction approved for full Committee ac- 7748 S. Cottage Grove Avenue in Chicago, Illinois, tion the Military Construction appropriations for fis- as the ‘‘James E. Worsham Post Office’’ and the cal year 2005.

VerDate May 21 2004 06:29 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D06JY4.REC D06JY4 July 6, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D713 DEFENDING AMERICA’S MOST kins University Paul H. Nitze School of Inter- VULNERABLE: SAFE ACCESS TO national Studies (SAIS) Caucasus-Central Asia Insti- TREATMENT AND CHILD PROTECTION tute, and Martha Olcott, Carnegie Endowment for ACT OF 2004 International Peace, both of Washington, D.C.; Committee on the Judiciary: Subcommittee on Crime, Abdurahim Polat, Birlik Party, Springfield, Virginia; Terrorism, and Homeland Security held a hearing on and Veronika Leila Szente Goldston, Human Rights H.R. 4547, Defending America’s Most Vulnerable: Watch, New York, New York. Safe Access to Drug Treatment and Child Protection f Act of 2004. Testimony was heard from Catherine NEW PUBLIC LAWS M. O’Neil, Associate Deputy Attorney General, De- partment of Justice; Robert J. Cramer, Special Inves- (For last listing of Public Laws, see DAILY DIGEST, p. D686) tigator, GAO; Tyrone V. Patterson, Manager, Model H.R. 1822, to designate the facility of the United Treatment Center, Department of Health, District of States Postal Service located at 3751 West 6th Street Columbia; and a public witness. in Los Angeles, California, as the ‘‘Dosan Ahn Chang Ho Post Office’’. Signed on June 25, 2004. (Public COMMERCE, JUSTICE, STATE, JUDICIARY Law 108–239) AND RELATED AGENCIES H.R. 2130, to redesignate the facility of the APPROPRIATIONS United States Postal Service located at 121 Committee on Rules: Granted, by voice vote, an open Kinderkamack Road in River Edge, New Jersey, as rule providing 1 hour of general debate on H.R. the ‘‘New Bridge Landing Post Office’’. Signed on 4754, making appropriation for the Departments of June 25, 2004. (Public Law 108–240) Commerce, Justice, State, Judiciary and Related ap- H.R. 2438, to designate the facility of the United propriations for the fiscal year ending September 30, States Postal Service located at 115 West Pine Street 2005, equally divided and controlled by the chair- in Hattiesburg, Mississippi, as the ‘‘Major Henry A. man and ranking minority member of the Com- Commiskey, Sr. Post Office Building’’. Signed on mittee on Appropriations. The rule waives all points June 25, 2004. (Public Law 108–241) of order against consideration of the bill. Under the H.R. 3029, to designate the facility of the United rules of the House the bill shall be read for amend- States Postal Service located at 255 North Main ment by paragraph. The rule waives points of order Street in Jonesboro, Georgia, as the ‘‘S. Truett Cathy against provisions in the bill for failure to comply Post Office Building’’. Signed on June 25, 2004. with clause 2 of rule XXI (prohibiting unauthorized (Public Law 108–242) appropriations or legislative provisions in an appro- H.R. 3059, to designate the facility of the United priations bill), except as specified in the resolution. States Postal Service located at 304 West Michigan The rule authorizes the Chair to accord priority in Street in Stuttgart, Arkansas, as the ‘‘Lloyd L. Burke recognition to Members who have pre-printed their Post Office’’. Signed on June 25, 2004. (Public Law amendments in the Congressional Record. Finally, 108–243) the rule provides one motion to recommit with or H.R. 3068, to designate the facility of the United without instructions. Testimony was heard from States Postal Service located at 2055 Siesta Drive in Representatives Wolf and Serrano. Sarasota, Florida, as the ‘‘Brigadier General (AUS- Ret.) John H. McLain Post Office’’. Signed on June Joint Meetings 25, 2004. (Public Law 108–244) H.R. 3234, to designate the facility of the United UZBEKISTAN States Postal Service located at 14 Chestnut Street in Commission on Security and Cooperation in Europe (Hel- Liberty, New York, as the ‘‘Ben R. Gerow Post Of- sinki Commission): On Thursday, June 24, Commis- fice Building’’. Signed on June 25, 2004. (Public sion concluded a hearing to examine democratization Law 108–245) and human rights in Uzbekistan in light of the im- H.R. 3300, to designate the facility of the United pending decision by the Department of State wheth- States Postal Service located at 15500 Pearl Road in er to certify Uzbekistan to continue receiving assist- Strongsville, Ohio, as the ‘‘Walter F. Ehrnfelt, Jr. ance from the United States, after receiving testi- Post Office Building’’. Signed on June 25, 2004. mony from Lorne W. Craner, Assistant Secretary for (Public Law 108–246) Democracy, Human Rights and Labor, and Lynn H.R. 3353, to designate the facility of the United Pascoe, Deputy Assistant Secretary for Europe and States Postal Service located at 525 Main Street in Eurasia, both of the Department of State; H.E. Tarboro, North Carolina, as the ‘‘George Henry Abdulaziz Komilov, Republic of Uzbekistan Ambas- White Post Office Building’’. Signed on June 25, sador to the United States; Fred Starr, Johns Hop- 2004. (Public Law 108–247)

VerDate May 21 2004 06:29 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D06JY4.REC D06JY4 D714 CONGRESSIONAL RECORD — DAILY DIGEST July 6, 2004 H.R. 3536, to designate the facility of the United H.R. 4037, to designate the facility of the United States Postal Service located at 210 Main Street in States Postal Service located at 475 Kell Farm Drive Malden, Illinois, as the ‘‘Army Staff Sgt. Lincoln in Cape Girardeau, Missouri, as the ‘‘Richard G. Hollinsaid Malden Post Office’’. Signed on June 25, Wilson Processing and Distribution Facility’’. Signed 2004. (Public Law 108–248) on June 25, 2004. (Public Law 108–259) H.R. 3537, to designate the facility of the United H.R. 4176, to designate the facility of the United States Postal Service located at 185 State Street in States Postal Service located at 122 West Elwood Manhattan, Illinois, as the ‘‘Army Pvt. Shawn Avenue in Raeford, North Carolina, as the ‘‘Bobby Pahnke Manhattan Post Office’’. Signed on June 25, Marshall Gentry Post Office Building’’. Signed on 2004. (Public Law 108–249) June 25, 2004. (Public Law 108–260) H.R. 3538, to designate the facility of the United H.R. 4299, to designate the facility of the United States Postal Service located at 201 South Chicago States Postal Service located at 410 South Jackson Avenue in Saint Anne, Illinois, as the ‘‘Marine Capt. Road in Edinburg, Texas, as the ‘‘Dr. Miguel A. Ryan Beaupre Saint Anne Post Office’’. Signed on Nevarez Post Office Building’’. Signed on June 25, June 25, 2004. (Public Law 108–250) 2004. (Public Law 108–261) H.R. 3690, to designate the facility of the United H.R. 4589, to reauthorize the Temporary Assist- States Postal Service located at 2 West Main Street ance for Needy Families block grant program in Batavia, New York, as the ‘‘Barber Conable Post through September 30, 2004. Signed on June 30, Office Building’’. Signed on June 25, 2004. (Public 2004. (Public Law 108–262) Law 108–251) H.R. 4635, to provide an extension of highway, H.R. 3733, to designate the facility of the United highway safety, motor carrier safety, transit, and States Postal Service located at 410 Huston Street in other programs funded out of the Highway Trust Altamont, Kansas, as the ‘‘Myron V. George Post Fund pending enactment of a law reauthorizing the Office’’. Signed on June 25, 2004. (Public Law Transportation Equity Act for the 21st Century. 108–252) Signed on June 30, 2004. (Public Law 108–263) H.R. 3740, to designate the facility of the United S. 2238, to amend the National Flood Insurance States Postal Service located at 223 South Main Street in Roxboro, North Carolina, as the ‘‘Oscar Act of 1968 to reduce loses to properties for which Scott Woody Post Office Building’’. Signed on June repetitive flood insurance claim payments have been 25, 2004. (Public Law 108–253) made. Signed on June 30, 2004. (Public Law H.R. 3769, to designate the facility of the United 108–264) States Postal Service located at 137 East Young S. 2507, to amend the Richard B. Russell Na- High Pike in Knoxville, Tennessee, as the ‘‘Ben tional School Lunch Act and the Child Nutrition Atchley Post Office Building’’. Signed on June 25, Act of 1966 to provide children with increased ac- 2004. (Public Law 108–254) cess to food and nutrition assistance, to simplify pro- H.R. 3855, to designate the facility of the United gram operations and improve program management, States Postal Service located at 607 Pershing Drive to reauthorize child nutrition programs. Signed on in Laclede, Missouri, as the ‘‘General John J. Per- June 30, 2004. (Public Law 108–265) shing Post Office’’. Signed on June 25, 2004. (Pub- H.R. 3378, to assist in the conservation of marine lic Law 108–255) turtles and the nesting habitats of marine turtles in H.R. 3917, to designate the facility of the United foreign countries. Signed on July 2, 2004. (Public States Postal Service located at 695 Marconi Boule- Law 108–266) vard in Copiague, New York, as the ‘‘Maxine S. H.R. 3504, to amend the Indian Self-Determina- Postal United States Post Office’’. Signed on June tion and Education Assistance Act to redesignate the 25, 2004. (Public Law 108–256) American Indian Education Foundation as the Na- H.R. 3939, to redesignate the facility of the tional Fund for Excellence in American Indian Edu- United States Postal Service located at 14–24 Abbott cation. Signed on July 2, 2004. (Public Law Road in Fair Lawn, New Jersey, as the ‘‘Mary Ann 108–267) Collura Post Office Building’’. Signed on June 25, H.R. 4322, to provide for the transfer of the Ne- 2004. (Public Law 108–257) braska Avenue Naval Complex in the District of Co- H.R. 3942, to redesignate the facility of the lumbia to facilitate the establishment of the head- United States Postal Service located at 7 Commercial quarters for the Department of Homeland Security, Boulevard in Middletown, Rhode Island, as the to provide for the acquisition by the Department of ‘‘Rhode Island Veterans Post Office Building’’. the Navy of suitable replacement facilities. Signed on Signed on June 25, 2004. (Public Law 108–258) July 2, 2004. (Public Law 108–268)

VerDate May 21 2004 06:29 Jul 07, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D06JY4.REC D06JY4 July 6, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D715 S. 1848, to amend the Bend Pine Nursery Land July 8, Full Committee, business meeting to consider Conveyance Act to direct the Secretary of Agri- pending calendar business, 9:30 a.m., SD–226. culture to sell the Bend Pine Nursery Administrative Select Committee on Intelligence: July 7, closed business Site in the State of Oregon. Signed on July 2, 2004. meeting to consider pending intelligence matters, 2:30 (Public Law 108–269) p.m., SH–219. f House Committees CONGRESSIONAL PROGRAM AHEAD Committee on Appropriations, July 7, Subcommittee on the District of Columbia, to mark up the District of Co- Week of July 7 through July 10, 2004 lumbia appropriations for fiscal year 2005, 10 a.m., H–140 Capitol. Senate Chamber July 9, full Committee, to mark up the following appropriations for fiscal year 2005: Foreign Operations, Ex- On Wednesday, at approximately 10:30 a.m., Sen- port Financing and Related Programs; and Military Con- ate will continue consideration of S. 2062, Class Ac- struction, 9:15 a.m., 2359 Rayburn. tion Fairness Act. Committee on Armed Services, July 7, hearing on Army During the balance of the week Senate may con- and Marine Corps troop rotations for Operation Iraqi sider any other cleared legislative and executive busi- Freedom 3 and Operation Enduring Freedom 6 and the ness. mobilization of the Army’s Individual Ready Reserve, 10:30 a.m., 2118 Rayburn. Senate Committees July 8, hearing on the economic, technology, voca- (Committee meetings are open unless otherwise indicated) tional and skills implications of the Department of De- Committee on Armed Services: July 8, to hold hearings to fense trade offsets, 9 a.m., 2118 Rayburn. examine the nominations of Admiral Vernon E. Clark, Committee on Education and the Workforce, July 7, hearing USN, for reappointment to the grade of admiral and to entitled ‘‘Examining Cash Balance Pension Plans: Sepa- be Chief of Naval Operations; and Lieutenant General rating Myth from Fact,’’ 10:30 a.m., 2175 Rayburn. James E. Cartwright, USMC, for appointment to the Committee on Energy and Commerce, July 7, Subcommittee grade of general and to be Commander, United States on Telecommunications and the Internet, hearing entitled Strategic Command, 9:30 a.m., SR–222. ‘‘Voice Over Internet Protocol Services: Will the Tech- Committee on Commerce, Science, and Transportation: July 8, nology Disrupt the Industry or Will Regulation Disrupt to hold hearings to examine S. 2411, to amend the Fed- the Technology?’’ 10 a.m., 2123 Rayburn. eral Fire Prevention and Control Act of 1974 to provide July 8, Subcommittee on Energy and Air Quality, financial assistance for the improvement of the health and hearing entitled ‘‘United Nations Oil for Food Program,’’ safety of firefighters, promote the use of life saving tech- 9:30 a.m., 2123 Rayburn. nologies, achieve greater equity for departments serving July 8, Subcommittee on Health, hearing entitled ‘‘As- large jurisdictions, 9:30 a.m., SR–253. sessing Digestive Diseases Research and Treatment Op- Committee on Finance: July 7, to hold hearings to exam- portunities,’’ 11 a.m., 2322 Rayburn. ine the nominations of Patrick P. O’Carroll, Jr., of Mary- Committee on Government Reform, July 7, Subcommittee land, to be Inspector General, Social Security Administra- on Criminal Justice, to continue hearings entitled ‘‘Part tion, and J. Russell George, of Virginia, to be Inspector II—Ensuring Accuracy and Accountability in Laboratory General for Tax Administration, Timothy S. Bitsberger, Testing: Does the Experience of Maryland General Hos- of Massachusetts, to be an Assistant Secretary, and Paul pital Expose Cracks in the System?’’ 3 p.m., 2203 Ray- Jones, of Colorado, to be a Member of the Internal Rev- burn. enue Service Oversight Board, all of the Department of July 7, Subcommittee on Energy Policy, Natural Re- the Treasury, 10 a.m., SD–215. sources and Regulatory Affairs, hearing entitled ‘‘Driving Committee on Governmental Affairs: July 7, to hold hearings Down the Cost of Filling Up,’’ 9:30 a.m., 2154 Rayburn. to examine juvenile detention centers, 10 a.m., SD–342. July 7, Subcommittee on Government Efficiency and July 8, Financial Management, the Budget, and Inter- Financial Management and the Subcommittee on Na- national Security, to hold hearings to examine the federal tional Security, Emerging Threats and International Rela- government’s financial statement and accountability of tions, joint oversight hearing entitled ‘‘Business Process taxpayer dollars at the Departments of Defense and Modernization at the Department of Defense, 2 p.m., Homeland Security, 10:30 a.m., SD–342. 2247 Rayburn. Committee on the Judiciary: July 7, to hold hearings to July 7, Subcommittee on Technology, Information Pol- examine the nomination of Michael H. Schneider, Sr, to icy, Intergovernmental Relations and the Census, over- be United States District Judge for the Eastern District sight hearing entitled ‘‘Defining Federal Information of Texas, 10 a.m., SD–226. Technology Research and Development: Who? Where? July 7, Subcommittee on Constitution, Civil Rights What? Why? And How Much?’’ 1:30 p.m., 2154 Ray- and Property Rights, to hold hearings to examine U.S. ef- burn. forts to combat human trafficking and slavery, 2 p.m., July 8, full Committee, to mark up the following bills: SD–226. H.R. 4380, To designate the facility of the United States

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Postal Service located at 4737 Mile Stretch Drive in Hol- water Remediation Initiative; and H.R. 4606, Southern iday, Florida, as the ‘‘Sergeant First Class Paul Ray Smith California Groundwater Remediation Act; followed by a Post Office Building;’’ H.R. 4381, To designate the facil- hearing on the following bills: S. 943, to authorize the ity of the United States Postal Service located at 2811 Secretary of the Interior to contract with the city of Springdale Avenue in Springdale, Arkansas, as the ‘‘Har- Cheyenne, Wyoming, for storage of the city’s water in vey and Bernice Jones Post Office Building;’’ H.R. 4442, the Kendrick Project, Wyoming; H.R. 4588, Lower Rio To designate the facility of the United States Postal Serv- Grande Valley Water Resources Conservation and Im- ice located at 1050 North Hills Boulevard in Reno, Ne- provement Act of 2004; and H.R. 4650, Witchita Project vada, as the ‘‘Guardians of Freedom Memorial Post Office Equus Beds Division Authorization Act of 2004, 10 a.m., Building’’ and to authorize the installation of a plaque at 1324 Longworth. such site; H. Res. 646, Expressing the sense of the House Committee on Rules, July 7, to consider the following of Representatives that there should be established a Na- bills: H.R. 4755, making appropriations for the Legisla- tional Community Health Center Week to raise awareness tive Branch for the fiscal year ending September 30, of health services provided by community, migrant, pub- 2005; and H.R. 3598, Manufacturing Technology Com- lic housing, and homeless health centers; and H. Res. petitiveness Act of 2004, 3:30 p.m., H–313 Capitol. 684, Honoring David Scott Tidmarsh, the 2004 Scripps Committee on Small Business, July 7, hearing on the Re- National Spelling Bee Champion; followed by a hearing bate of Value Added Taxes at the Border and the Com- entitled ‘‘Beneficial or Critical? The Heightened Need for petitive Disadvantage for U.S. Small Businesses, 2 p.m., Telework Opportunities in the Post-9/11 World,’’ 10:15 2360 Rayburn. a.m., 2154 Rayburn. July 8, Subcommittee on Tax, Finance and Exports, July 8, Subcommittee on Human Rights and Wellness, hearing entitled ‘‘H.R. 1818, Workforce Health Improve- hearing entitled ‘‘Trafficking in Persons: The Federal ment Act of 2003: Healthy Employees; Healthy Bottom Government’s Approach to Eradicate This Worldwide Line,’’ 10 a.m., 311 Cannon. Problem,’’ 2 p.m., 2154 Rayburn. Committee on Transportation and Infrastructure, July 8, Committee on House Administration, July 7, hearing on Subcommittee on Aviation, oversight hearing on National Electronic Voting System Security, 11 a.m., 1310 Long- Capitol Region Air Space Control: A Review of the Issues worth. Surrounding the June 9, 2004 flight of ‘‘N24SP,’’ 10 Committee on International Relations, July 7, Sub- a.m., 2167 Rayburn. committee on International Terrorism, Nonproliferation July 8, Subcommittee on Water Resources and Envi- and Human Rights, hearing on United States Support of ronment, hearing on the following bills: H.R. 784, Human Rights and Democracy, 1:30 p.m., 2172 Ray- Water Quality Investment Act of 2003; H.R. 4470, To burn. amend the Federal Water Pollution Control Act to extend Committee on the Judiciary, July 7, to mark up the fol- the authorization of appropriations for the Lake Pont- lowing bills: S. 2363, To revise and extend the Boys and chartrain Basin Restoration Program from fiscal year Girls Clubs of America; and H.R. 4518, Satellite Home 2005 to 2010; H.R. 4688, To amend the Federal Water Viewer Extension and Reauthorization Act of 2004, 10 Pollution Control Act to reauthorize the Chesapeake Bay a.m., 2141 Rayburn. Program; and H.R. 4731, To amend the Federal Water July 8, Subcommittee on Courts, the Internet, and In- Pollution Control Act to reauthorize the national Estuary tellectual Property, to mark up H.R. 4586, Family Movie Program, 2 p.m., 2167 Rayburn. Act of 2004, 10 a.m., 2141 Rayburn. Committee on Veterans’ Affairs, July 8, Subcommittee on Committee on Resources, July 8, Subcommittee on Energy Health, to mark up a measure to authorize the Secretary and Mineral Resources, oversight hearing entitled ‘‘The of Veterans Affairs to enter into certain capital leases, Aging of the Energy and Minerals Workforce: A Crisis 9:30 a.m., 334 Cannon. in the Making?’’ 2 p.m., 1334 Longworth. Committee on Ways and Means, July 7, hearing on Im- July 8, Subcommittee on National Parks, Recreation plementation of the United States-Morocco Free Trade and Public Lands, to mark up of the following bills: H.R. Agreement, 10 a.m., 1100 Longworth. 1630, Petrified Forest National Park Expansion Act of Select Committee on Homeland Security. July 8, hear- 2003; H.R. 2457, Castillo de San Marcos National ing entitled ‘‘Practice Makes Perfect: Strengthening Monument Preservation and Education Act; H.R. 3954, Homeland Security by Exercising Terrorism Scenarios, 1 Rancho El Cajon Boundary Reconciliation Act; and S. p.m., 210 Cannon. 1576, Harpers Ferry National Historical Park Boundary Revision Act of 2003, 10 a.m., 1334 Longworth. Joint Meetings July 8, Subcommittee on Water and Power, to mark Conference: July 7, meeting of conferees on H.R. 3550, up the following bills: H.R. 3391, Provo River Project to authorize funds for Federal-aid highways, highway Transfer Act; H.R. 4459, Llagas Reclamation Ground- safety programs, and transit programs, 2 p.m., SD–G50.

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Re´sume´ of Congressional Activity

SECOND SESSION OF THE ONE HUNDRED EIGHTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 20 through June 30, 2004 January 20 through June 30, 2004

Senate House Total Civilian nominations totaling 410, (including 195 nominations carried Days in session ...... 85 70 . . over from the First Session), disposed of as follows: ′ ′ Time in session ...... 640 hrs., 25 518 hrs., 41 .. Confirmed ...... 131 Congressional Record: Unconfirmed ...... 264 Pages of proceedings ...... 7,528 5,151 . . Withdrawn ...... 14 Extensions of Remarks ...... 1,292 . . Returned to White House ...... 1 Public bills enacted into law ...... 17 50 67 Private bills enacted into law ...... Other civilian nominations totaling 2,324, (including 5 nominations Bills in conference ...... 3 13 . . carried over from the First Session), disposed of as follows: Measures passed, total ...... 245 317 562 Confirmed ...... 1,266 Senate bills ...... 56 20 . . Unconfirmed ...... 1,057 House bills ...... 63 128 . . Withdrawn ...... 1 Senate joint resolutions ...... 4 1 . . Air Force nominations, totaling 7,999, (including 3,572 nominations House joint resolutions ...... 1 4 . . carried over from the First Session), disposed of as follows: Senate concurrent resolutions ...... 19 8 . . House concurrent resolutions ...... 21 47 . . Confirmed ...... 5,350 Unconfirmed ...... 2,649 Simple resolutions ...... 81 109 . . Measures reported, total* ...... 147 166 313 Army nominations, totaling 2,117, (including 594 nominations carried Senate bills ...... 91 5 . . over from the First Session), disposed of as follows: House bills ...... 38 109 . . Confirmed ...... 1,910 Senate joint resolutions ...... 2 . . . . Unconfirmed ...... 207 House joint resolutions ...... 1 . . Navy nominations, totaling 6,360, (including 2,444 nominations car- Senate concurrent resolutions ...... 4 . . . . ried over from the First Session), disposed of as follows: House concurrent resolutions ...... 2 6 . . Simple resolutions ...... 10 45 . . Confirmed ...... 5,825 Special reports ...... 1 2 . . Unconfirmed ...... 535 Conference reports ...... 1 2 . . Marine Corps nominations, totaling 1,224, (including 2 nominations Measures pending on calendar ...... 230 127 . . carried over from the First Session), disposed of as follows: Measures introduced, total ...... 763 1,405 2,168 Confirmed ...... 1,210 Bills ...... 602 1,053 .. Unconfirmed ...... 14 Joint resolutions ...... 13 17 . . Concurrent resolutions ...... 34 120 . . Summary Simple resolutions ...... 114 215 . . Quorum calls ...... 1 . . Total nominations carried over from the First Sesssion ...... 6,812 Yea-and-nay votes ...... 152 196 . . Total nominations received this Session ...... 13,622 Recorded votes ...... 128 . . Total confirmed ...... 15,692 Bills vetoed ...... Total unconfirmed ...... 4,726 Vetoes overridden ...... Total withdrawn ...... 15 Total returned to the White House ...... 1

* These figures include all measures reported, even if there was no accompanying report. A total of 71 reports have been filed in the Senate, a total of 168 reports have been filed in the House.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, July 7 10 a.m., Wednesday, July 7

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of Suspensions: morning business (not to extend beyond 60 minutes), (1) H.R. 4218—High-Performance Computing Revi- Senate will continue consideration of S. 2062, Class Ac- talization Act of 2004; tion Fairness Act. (2) H.R. 4516—Department of Energy High-End Computing Revitalization Act of 2004; (3) H.R. 3890—To reauthorize the Steel and Alu- minum Energy Conservation and Technology Competi- tiveness Act of 1988; (4) H.R. 3980—National Windstorm Impact Reduc- tion Act of 2004; (5) H.R. 1856—Harmful Algal Bloom and Hypoxia Research Amendments Act of 2003; and (6) H. Con. Res. 301—Supporting the goals and ideals of the World Year of Physics. Consideration of H.R. 4754, Department of Com- merce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act for Fiscal Year 2005 (open rule, one hour of debate).

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