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, JUNE 22, 2004 No. 87 Senate The Senate met at 9:47 a.m. and was Government and our country, which he authorization bill. Last night’s agree- called to order by the Honorable always referred to as ‘‘a country of ment provides for an additional hour of WAYNE ALLARD, a Senator from the kindness.’’ debate in relation to Senator LEVIN’s State of Colorado. Amen. missile defense amendment. The order The PRESIDING OFFICER. Today’s f also provides for the vote on the prayer will be offered by guest Chap- Brownback indecency amendment im- PLEDGE OF ALLEGIANCE lain Rabbi Moshe Feller, of Saint Paul, mediately following the Levin vote. MN. The Honorable WAYNE ALLARD led Senators can, therefore, expect two The guest chaplain offered the fol- the Pledge of Allegiance, as follows: consecutive votes at approximately 11 lowing prayer. I pledge allegiance to the Flag of the a.m. this morning. We have also United States of America, and to the Repub- reached an agreement to have all first- PRAYER lic for which it stands, one nation under God, degree amendments offered by 6:30 this indivisible, with liberty and justice for all. Almighty God, Master of the Uni- evening. Given this agreement, I an- verse, the Members of the U.S. Senate f ticipate we will have votes throughout convene here today to fulfill one of the APPOINTMENT OF ACTING the day into the evening. If we are un- seven commandments which You first PRESIDENT PRO TEMPORE able to complete the bill this evening, issued to Noah and his family after the The PRESIDING OFFICER. The we would then return tomorrow for a great flood, the command to govern by clerk will please read a communication series of votes on any remaining just laws. to the Senate from the President pro amendments and conclusion with final As related in the book of Genesis and tempore (Mr. STEVENS). passage. Under this scenario, we should its sacred commentaries, You issued at The legislative clerk read the fol- finish the bill either late tonight or to- that time the following seven laws: lowing letter: morrow morning. To worship You alone; There is much more work to do be- U.S. SENATE, Never to blaspheme Your Holy Name; PRESIDENT PRO TEMPORE, fore the Fourth of July recess. Al- Not to commit murder; Washington, DC, June 22, 2004. though an earlier agreement allows us Not to commit adultery, incest, or To the Senate: to go to class action, we will postpone any sexual misdeeds; Under the provisions of rule I, section 3, of consideration of that measure in order Not to steal, lie, or cheat; the Standing Rules of the Senate, I hereby to begin the Defense appropriations bill Not to be cruel to any living crea- appoint the Honorable WAYNE ALLARD, a in order to provide the vital support, ture; and Senator from the State of Colorado, to per- vital monetary support, for our troops form the duties of the Chair. That every society govern by just who are fighting at this moment in the TED STEVENS, laws based on the recognition and ac- President pro tempore. war on terror overseas. knowledgment of You, O God, as the Mr. ALLARD thereupon assumed the Once again, I remind my colleagues sovereign ruler of all men and all na- Chair as Acting President pro tempore. we will continue to schedule votes on tions. the remaining judicial nominations Grant, Almighty God, that the Mem- f this week, and I anticipate consider- bers of the Senate constantly realize RESERVATION OF LEADER TIME ation of several of those today. that in enacting just laws they are per- The ACTING PRESIDENT pro tem- I also remind Senators to be in their forming your will. pore. Under the previous order, the seats at 2:15 today for the official pho- Almighty God, I beseech You today leadership time is reserved. tograph. This will take just a very few to bless the Senate and the entire Na- minutes if we have people on time. I f tion in the merit of one of the spiritual ask Senators to be here promptly. RECOGNITION OF THE MAJORITY giants of our time and of our country, f the Lubavitcher Rebbe, Rabbi LEADER CANCER IN WOMEN Menachem Mendel Schneerson of right- The ACTING PRESIDENT pro tem- eous, blessed memory, who passed pore. The majority leader is recog- Mr. FRIST. Mr. President, I take a away 10 years ago today. The Rebbe la- nized. few minutes to speak on a totally unre- bored with great love, dedication, and f lated issue on leader time and then we self-sacrifice to make all mankind will move to the bill unless there is an- aware of Your sacred presence. SCHEDULE other comment to be made. It is a very May his memory be for a blessing, Mr. FRIST. Mr. President, this morn- important message. It is an issue most and his merit be for a shield for our ing we will again return to the Defense people do not understand and it has to

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

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VerDate May 21 2004 01:00 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.000 S22PT1 S7118 CONGRESSIONAL RECORD — SENATE June 22, 2004 do with an issue of health care and You can quit and that is tough to do. CONGRESSIONAL OVERSIGHT emergency health. It is regarding a I have counseled hundreds and hun- Mr. DASCHLE. Mr. President, no fundamental question which most peo- dreds of patients, being a heart sur- question more occupied the minds of ple cannot answer, cancer in women. geon, a lung surgeon, and lung cancer our Founding Fathers than how to I ask people to be thinking what the surgeon before. I have counseled hun- keep American democracy from devolv- appropriate answer is, What is the dreds of patients, probably thousands ing into despotism. deadliest cancer in women today? What of patients. It is tough to quit smok- The delicate and elaborate structure is the leading cause of cancer death ing. Nevertheless, if you put your mind of our Government is designed not among 55 percent of our population to it, you can quit, and if you quit you merely to represent the will of the today? Most people think breast can- can reduce that risk. American people but to prevent the cer, cervical cancer, ovarian cancer, or The best thing we can do is have peo- concentration and abuse of power. To one of the gynecological cancers. It is ple never start. That means we have an eliminate the prospects that tyranny not. The deadliest cancer is lung can- obligation to take the very latest sci- could take hold, the Framers not only cer. entific data, what we know today, and created a separation of equal powers, It is preventable and it does not have educate the American people. I argue, but they gave each branch authority to be that way. Therefore, the solution also, we need to educate people in high over its peers. comes with education. I will take 3 or school today because the easiest thing ‘‘Unless these departments be so far 4 minutes to comment. to do is stop people from smoking up The Journal of the American Medical connected and blended as to give each front. Association this spring published the a constitutional control over the oth- I urge my colleagues, educators, par- astonishing finding that lung cancer is ers,’’ James Madison wrote in The Fed- ents, and the media to convey that the No. 1 cause of cancer deaths in eralist Papers, ‘‘the degree of separa- message loud and clear. We know American women. In fact, breast can- tion . . . essential to a free govern- where smoking leads. It leads to addic- cer, all the gynecological cancers, add ment, can never in practice be duly tion, to cancer, contributes to heart those up and they still do not equal the maintained.’’ disease, to stroke, blood vessel disease, number of women who die from lung For our system to work, no part of cancer. and cardiovascular disease. We need to Government can be free from scru- The female death rate from lung can- educate young women to the con- tiny—not Congress, not the judiciary, cer has risen 600 percent over the last sequences of smoking before they have and not the White House. six decades. The last lung cancer oper- done irreparable damage to their lungs. Unfortunately, Congress seems to ation I performed was about 10 years Although I know my colleagues will have abdicated its role in our system of ago. Since then, the death rate has in- not read the Journal of the American checks and balances. Partisan loyalty creased. It is a problem that is getting Medical Association, the article itself is taking precedence over our constitu- worse. The death rate continues to is factual, very well researched. I be- tional responsibilities, and oversight grow, even though the rate of smoking lieve at least I have an obligation to has ground to a halt. There are few among women has begun to taper off share this with my colleagues so they clearer examples than Congress’ failure since the 1960s. The whole point is that can share the current state of the art to investigate the decision to withhold lung cancer can continue to strike even with their constituents and reverse a the cost estimates for its controversial after someone stops smoking. growing challenge to women’s health. Medicare proposal. Lung cancer is the deadliest of all I yield the floor. There have been serious allegations cancers. It tends to spread to the brain. Mr. REID. I suggest the absence of a that the administration misled Con- It tends to spread to the bones. It is quorum. gress about the projected cost of the usually diagnosed very late. The 5-year Mr. WARNER. Could we speak for a Medicare legislation, denying access to survival, which is the end point that minute before the quorum call? a study that projected much higher we in medicine use, is very low. If you Mr. REID. Senator DASCHLE is going costs than those administration offi- take all women who were diagnosed to give a speech. cials, including the President, dis- with lung cancer from 1992 to 1999, only Mr. WARNER. I was going to rec- cussed publicly. These allegations in- 12 percent—1 in 10—survived 5 years. In ommend that our colleague from Alas- cluded charges that the former Admin- the Journal of the American Medical ka, who has commitments early this istrator of the Centers for Medicare & Association article, the survival rates, morning, be able to initiate on this Medicaid Services violated Federal law according to the researcher, to use his side comments in rebuttal to the dis- by threatening to fire Medicare’s Chief words, are ‘‘dismal.’’ tinguished Senator from Wisconsin and Actuary if he disclosed the cost infor- It is interesting that the disease af- the Senator from Michigan can follow mation to Members of Congress. Yet fects women differently than men. and then the Presiding Officer wishes the allegations are being ignored in Probably estrogen plays a role in that. to say something, and I will wrap. both the House and the Senate. The We see female smokers suffer a higher Mr. REID. I am sure that is appro- White House, too, has stonewalled. result of genetic damage from the priate. There have been no hearings, no inquir- smoke and the ingredients in smoke. I suggest the absence of a quorum. ies, nothing but silence. Females are less able to repair genetic The ACTING PRESIDENT pro tem- These charges are too serious to ig- damage from the smoke. It is an epi- pore. The clerk will call the roll. nore. There are four crucial questions demic. It is an epidemic in this country The legislative clerk proceeded to relating to those facts that urgently with these high death rates, but there call the roll. need investigation. are also great smoking increases across Mr. DASCHLE. Mr. President, I ask First, who in the administration the world, so it becomes a pandemic unanimous consent that the order for knew about the higher cost estimates? when we look at Asia, or a continent I the quorum call be rescinded. CMS Chief Actuary Richard Foster has go to on a regular basis, Africa, where The ACTING PRESIDENT pro tem- said that the HHS cost estimates were smoking is gaining in popularity. Thus, pore. Without objection, it is so or- shared with White House officials. lung cancer and death will be increas- dered. To assess whether there was a coordi- ing in decades to come. nated effort within HHS and the White The good thing is we can prevent it. f House to mislead Congress, we need to Up to 80 percent of lung cancer is know who in the administration knew caused by one thing: smoking. It is as about the higher cost estimates and RECOGNITION OF THE MINORITY simple at that. A lot of people try to when they knew it. dance around it but it is as simple as LEADER Second, who in the administration that. It does not matter statistically The ACTING PRESIDENT pro tem- participated in the decision to with- whether you are smoking light ciga- pore. The Democratic leader is recog- hold the cost estimates from Congress? rettes or regular, even heavy smokers nized. According to the Congressional Re- versus social smokers. There is no such Mr. DASCHLE. Mr. President, I will search Service, Federal employees have thing as a safe cigarette today. use my leader time. a statutory right to communicate with

VerDate May 21 2004 01:00 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.003 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7119 Congress, as well as certain whistle- White House involvement in this mat- often were sent out. He said Halli- blower and employment protections. ter. Their testimony would, therefore, burton ‘‘would run trucks empty quite Moreover, HHS is expressly prohibited be critical to establishing key facts often. from using funds to pay the salary of about this affair. Sometimes they would have five anyone who prevents or attempts to These actions are essential if Con- empty trucks, sometimes they would prevent an executive branch employee gress is to fulfill its oversight respon- have a dozen. One time we ran 28 from providing information to Con- sibilities. They are simple and trucks, and only one had anything on gress if that information relates to rel- straightforward and will enable Con- it.’’ evant official matters. gress to learn why the Medicare cost Well, whatever they are putting on CRS has found that the CMS may estimates were withheld and who is ac- the trucks, one thing is clear: The have violated these laws when the Ad- tually responsible. American taxpayer is being taken for a ministrator threatened Mr. Foster. We In addition, we are writing President ride. need to know if others above the Ad- Bush to urge him to clarify what he When other Halliburton employees ministrator’s level participated in or knew about the Medicare cost esti- reported similar examples of waste, authorized this activity. mates, the administration’s attempts fraud, and abuse, they were told, Third, were senior leaders in Con- to suppress them, and the administra- ‘‘Don’t worry about it. It’s a cost plus gress part of the effort to withhold the tion’s communications with Congress contract.’’ ‘‘Cost plus,’’ evidently, is cost estimates from the rest of Con- about this issue. The credibility of the jargon for war profiteering. gress? White House on all matters of policy is Despite these abuses, none of the In a letter to Representative HENRY at stake. Senate committees controlled by the WAXMAN, the Department of Health These concerns are not limited to the Republican majority have investigated and Human Services has asserted that Medicare debacle. As the cost of oper- Halliburton’s activities in Iraq or indi- ‘‘[Health and Human Services] made ations in Iraq have climbed past $200 cated that they intend to look into this conferees aware that HHS expected its billion, American taxpayers have been matter. final scoring to be higher than CBO’s asking questions regarding whether Such scrutiny, we are told, could final scoring’’ and cited Republican every dollar spent has been necessary. jeopardize the rebuilding efforts. conferee NANCY JOHNSON as one of the Of late, those questions have cen- This attitude could not be more mis- Members who ‘‘knew about these num- tered on Halliburton. Even before the guided. The danger in our rebuilding of bers.’’ invasion of Iraq, there were concerns Iraq is that the American people will If the administration shared the cost about Halliburton’s contracts. Very lose faith in this effort because they estimates with selected Republican quickly, these concerns proved to be feel it is too expensive or that they are leaders, why did these leaders not justified. being cheated. share the estimates with all conferees Last year, an investigation found There is one way to guarantee that and all Members? that Halliburton charged American the American taxpayer is not being Fourth, is the administration seek- taxpayers $2.64 per gallon for gasoline cheated: that is, for Congress to step ing to obstruct congressional inves- shipped into Iraq, which was double the up to its constitutional obligations to tigations? price other suppliers were charging. oversee the actions of the executive To date, the administration has re- That gasoline was then sold to Iraqis branch of government. fused to cooperate with legitimate ef- for as little as 5 cents per gallon. Sunlight, it’s been said, is the best forts to investigate its actions. White Recently, the reports of waste, fraud, disinfectant. But for too long, the ad- House Counsel Alberto Gonzales has in- and abuse have literally been piling up. ministration has been able to keep tervened to prevent officials from tes- This week, we learned Halliburton Congress and the American people in tifying before the House Ways and charged taxpayers $10,000 per day to the dark. Means Committee about White House house its employees in Kuwait’s five- Medicare and Halliburton represent involvement. President Bush has failed star Kempinski Hotel. The same em- only the tip of the iceberg. to respond to a request for information ployees could have stayed in air-condi- Still more major allegations of mis- from 12 U.S. Senators. These actions tioned tents like those used by Amer- conduct, such as the outing of the iden- suggest there may be a concerted effort ican troops for $600 a day. The com- tity of a covert CIA agent for political by the administration to block over- pany purchased embroidered towels gain, have been ignored. sight of its actions. that cost three times that of standard And other serious matters, such as There could be no clearer case dem- towels. One employee discovered that the manipulation of intelligence about onstrating the need for congressional Halliburton was charging for 37,200 Iraq, have received only fitful atten- oversight. cases of soda every month even though tion. To preserve our system of checks and they were only providing 37,200 cans. In This is fundamentally wrong. Our balances and maintain citizens’ trust effect, Halliburton was charging the re- constitutional oversight responsibil- that the power they have vested in markable price of $45 for each 30-can ities should not be driven by political their elected leaders is being exercised case of soda for which supermarkets expediency. responsibly, we must take very seri- charge about $7. When the employee Regardless of the party affiliation of ously allegations that executive branch began making progress in reducing the President, there are some matters officials misled Congress in this case. Halliburton’s overcharges in this and that are too important to be ignored. Therefore, along with several of my other areas, she was taken off the ac- The American people are looking to colleagues, I have requested that the counts. us to provide leadership. leadership in both the House and the Most troubling, a former Halliburton If no wrongdoing has been com- Senate take the following two steps: truck convoy commander disclosed mitted, let our investigations reaffirm First, Congress should ask the ad- that Halliburton removed all the spare people’s faith in the government’s ministration to provide copies of any tires from its brand-new $85,000 trucks. credibility. documents relevant to this investiga- When the tires went flat, the trucks But if there has been wrongdoing, the tion. were abandoned or torched. In addi- American taxpayer has a right to see Second, Congress should hold hear- tion, there seemed to be near total dis- that those responsible are held ac- ings at which Mr. Scully; Doug Badger, regard of maintenance on trucks. countable. Special Assistant to the President for ‘‘There were absolutely no oil filters Ensuring accountability is one of the Economic Policy; and James Capretta, or fuel filters for months on end. I roles the Framers set out for us. In a Associate Director for Human Resource begged for filters, but never got any,’’ way, it is our most solemn obligation, Programs at OMB, be called to testify. the convoy commander said. ‘‘I was because in fulfilling our task, we pre- Mr. Scully’s relevance is self-evident. told that oil changes were ‘out of the serve the democratic nature of our gov- Mr. Badger and Mr. Capretta received question.’’’ ernment. cost estimates from Mr. Foster and are The convoy commander also indi- Not only is a great deal of money at likely to have information about the cated that convoys of empty trucks stake, the continuing faith of the

VerDate May 21 2004 01:00 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.005 S22PT1 S7120 CONGRESSIONAL RECORD — SENATE June 22, 2004 American people in their system of Mr. ALLARD. I yield 8 minutes to enhancement program and replacing governance is at stake. Safeguarding the Senator from Alaska. the original missile with a completely that democratic system is our respon- The PRESIDING OFFICER. The Sen- new interceptor. sibility, and it is time we met it. ator from Alaska. Similarly, the B–52 bomber that first I yield the floor. Mr. STEVENS. Mr. President, I come flew in 1952 is hardly the same aircraft f to the floor today to strongly oppose that dropped the bombs over Afghani- the Levin amendment. This amend- stan in the war against terror. The NATIONAL DEFENSE AUTHORIZA- ment would realign critical funds for original B–52 gave us early interconti- TION ACT FOR FISCAL YEAR 2005 the ground-based midcourse intercep- nental bombardment capability, and it The PRESIDING OFFICER (Mr. TAL- tors. The consequences of that deci- was enhanced over time with hardware ENT). Under the previous order, the sion, in my judgment, would be dev- and software improvements that helped Senate will resume consideration of S. astating. By reallocating those funds, us meet evolving operational chal- 2400, which the clerk will report. Congress would effectively cripple the lenges. These examples are reminders The assistant legislative clerk read deployment and testing of the intercep- that a requirement written into a sys- as follows: tors in Alaska. Let me hasten to add, tem’s development phase can quickly A bill (S. 2400) to authorize appropriations that decision to go to Alaska with become irrelevant or yield a dead end. for fiscal year 2005 for military activities of these interceptors was not a political That is a lesson we must keep in the the Department of Defense, for military construction, and for defense activities of the decision. It was made by the scientists. forefront of our minds as we confront Department of Energy, to prescribe per- But I support that decision, and I be- today’s dynamic security environment. sonnel strengths for such fiscal year for the lieve Alaskans do also. The time to move forward with the Armed Services, and for other purposes. Ballistic missiles are a serious threat deployment of a ground-based mid- Pending: to the United States, and our interests, course operational capability is now. Bond Modified Amendment No. 3384, to in- forces, and allies throughout the world We must continue to improve the sys- clude certain former nuclear weapons pro- are threatened by them. The missiles tem. It must be allowed to evolve over gram workers in the Special Exposure Co- our enemies possess are growing in time and take advantage of the break- hort under the Energy Employees Occupa- range, reliability, accuracy, and num- throughs in technology as they occur. tional Illness Compensation Program and to ber. A missile carrying nuclear, bio- Congress should follow the proven wis- provide for the disposal of certain excess De- logical, or chemical weapons could in- dom of experience and resist the urge partment of Defense stocks for funds for that flict damage that would make the trag- to build to perfection a national secu- purpose. Brownback Amendment No. 3235, to in- edy our country experienced on Sep- rity strategy that has never served us crease the penalties for violations by tele- tember 11 pale by comparison. well. vision and radio broadcasters of the prohibi- We cannot afford to ignore this That is exactly what this amendment tions against transmission of obscene, inde- threat. We must confront it, if we want would have us do—turn our backs on cent, and profane language. to address the challenges that charac- the proven wisdom of experience and Burns Amendment No. 3457 (to Amendment terize our Nation’s new security envi- wait until there is a tragedy to con- No. 3235), to provide for additional factors in ronment. The new security challenges front the national security threats we indecency penalties issued by the Federal of the 21st century require us to think Communications Commission. know are emerging now. Reed Amendment No. 3353, to limit the ob- and act differently. I urge the Senate to support the ligation and expenditure of funds for the With that in mind, the decision was ground-based midcourse system and op- Ground-based Midcourse Defense program made to field the ground-based mid- pose Senator LEVIN’s amendment. pending the submission of a report on oper- course system in Alaska. Alaska’s loca- Again, this system has been deployed ational test and evaluation. tion gives us a strategic advantage. in my State already in the test phase. Bingaman Amendment No. 3459, to require Interceptors launched from Alaska will We should continue that concept. reports on the detainment of foreign nation- be capable of protecting all 50 States. If I yield back any time I have not als by the Department of Defense and on De- partment of Defense investigations of allega- Congress rejects Senator LEVIN’s used. tions of violations of the Geneva Convention. amendment and remains committed to The PRESIDING OFFICER. The Sen- Warner Amendment No. 3460 (to Amend- the ground-based midcourse program, ator from Colorado has 25 minutes 30 ment No. 3459), in the nature of a substitute. the United States will be able to meet seconds remaining. The Senator from Dayton/Feingold Amendment No. 3197, to any potential threat from a rogue na- Michigan has 30 minutes remaining. strike sections 842 relative to a conforming tion or terrorist group. Who yields time? standard for waiver of domestic source or The Fort Greely interceptors are the Mr. LEVIN. Mr. President, I yield content requirement and 843 relative to the consistency with United States obligations centerpiece of our integrated, layered, myself 10 minutes. under trade agreements. national missile defense system. The The PRESIDING OFFICER. The Sen- Warner (for MCCAIN) amendment No. 3461 funding contained in the 2005 budget is ator from Michigan. (to the language proposed to be stricken by a downpayment on additional intercep- Mr. LEVIN. Mr. President, the Amendment No. 3197), in the nature of a sub- tors that will enable us to conduct ad- amendment which I am offering does stitute. ditional flight testing and maintain in- not touch the first 20 interceptors. Feingold Modified Amendment No. 3288, to They are fully funded. They are going rename and modify the authorities relating dustrial base production lines for key to the Inspector General of the Coalition components of the ground-based sys- to be deployed before they are inde- Provisional Authority. tem. Senator LEVIN’s amendment cuts pendently tested. The Senate decided Landrieu/Snowe Amendment No. 3315, to this funding. that last week in a number of debates amend title 10, United States Code, to in- The amendment also disregards what and in a vote on an amendment, the crease the minimum Survivor Benefit Plan years of experience have shown—that Boxer amendment. Whether it was the basic annuity for surviving spouses age 62 it is wise to move into a deployment right decision or the wrong decision, and older, and to provide for a one-year open phase before the testing phase of a pro- time will tell, but nonetheless it is the season under that plan. Levin Amendment No. 3338, to reallocate gram has been completed. I remind decision and was the decision of this funds for Ground-based Midcourse intercep- Congress of the gulf war, when we field- Senate that those 20 interceptors be de- tors to homeland defense and combatting ed a number of systems that were ployed in those silos in Alaska prior to terrorism. under development at that time, in- their being independently tested. AMENDMENT NO. 3338 cluding JSTARS. I personally wit- The question before us now is wheth- The PRESIDING OFFICER. Under nessed that test in the deployment er the added missiles—21 through 30, the previous order, there will be 60 phase, in the testing phase, and early those interceptors that are paid for in minutes of debate equally divided in deployment of JSTARS in the gulf war. this bill—are going to be provided or the usual form in relation to the Levin The Patriot missile was also tested in whether we will use that money, $515 missile defense amendment. Who yields this way. million, for a much greater need, to ad- time? Over many years we enhanced the dress a much more immediate threat, The Senator from Colorado is recog- Patriot batteries that first saw action and that is the threat of loose nukes, nized. by 1991, by implementing a follow-on the threat of nuclear fissile material

VerDate May 21 2004 01:00 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.007 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7121 falling into the hands of terrorists, and the suicide bomb or the little boat that That is just a month ago—not even a also whether we will use at least some almost blew up the USS Cole, we would month ago. Speaking to the Inter- of that money to put more into the se- be making ourselves far more secure. national Atomic Energy Agency, Sec- curity of our borders, the security of That is the kind of expenditure my retary Abraham said that this new ef- our ports. amendment would provide. It leaves, I fort, the $450 million Global Threat Re- I will start with a CIA assessment emphasize, $1.2 billion in funding for duction Initiative, aimed at the loose that was made not too many years ago. interceptors, which is more than we nukes, aimed at this fissile material It was made after September 11. There have provided in any prior fiscal year. that is distributed around the world— was an unclassified assessment made In 2002, we provided $1.1 billion. In fis- any few kilograms or pounds of which by the CIA as to what our greatest cal year 2003, we provided $763 million. fell into the hands of a terrorist could threat was. They were comparing the In 2004, we provided $1.1 billion for blow up a city—this new effort, accord- missile threat to the nonmissile threat. interceptors. ing to Secretary Abraham will ‘‘com- ‘‘Foreign Missile Developments and If my amendment is adopted and we prehensively and more thoroughly ad- Ballistic Missile Threats Through use this money to address the loose dress the challenges posed by nuclear 2015,’’ was the title. They were looking nuke issue and the other issues I have and radiological materials and related at the missile threat. Here is the judg- identified, we would still have $1.2 bil- equipment that require attention any- ment: lion for interceptors. Now, would there where in the world, by ensuring that The Intelligence Community judges that be an effect on testing? No, for two rea- they will not fall into the hands of U.S. territories are more likely to be at- sons. No. 1, there is no effect of this those with evil intentions.’’ tacked with WMD using non-missile means, amendment on the funding for inter- The PRESIDING OFFICER. The Sen- primarily because such means, 1, are less ex- ceptors which are dedicated to flight ator has used 10 minutes. pensive than developing and producing tests. The only interceptors affected by Mr. LEVIN. I yield myself an addi- ICBMs; 2, can be covertly developed and em- tional 5 minutes. ployed; 3, the source of the weapon could be this amendment are the deployed interceptors, 21 through 30. Those intercep- Mr. President, the purpose of the ini- masked in an attempt to evade retaliation; 4, tiative was to secure, consolidate, de- probably would be more reliable than ICBMs tors are not planned for flight testing. that have not completed rigorous testing and We were told last night, many of you stroy, or return to the United States validation programs; 5, probably would be folks say you want testing, but then and Russia nuclear materials from much more accurate than emerging ICBMs you cut interceptors that are going to around the world, concentrating on the over the next 15 years; 6, probably would be be used for testing. Let me emphasize least secure and the most dangerous more effective for disseminating a biological that none of the interceptors that we materials first. Secretary Abraham warfare agent than a ballistic missile; 7, committed the United States to dedi- would avoid missile defenses. For all of those cut are going to be used for flight testing; they are not going to be launched. cate more than $450 million to this ef- reasons, we have an assessment that non- fort. Well, there is no money in the 2005 They are going to sit in those silos. missile means of delivery are a more serious budget for the effort. threat than a missile means of delivery. They will not be launched. We just re- The words are there, the commit- Now, the amendment I offered does ceived that word, again, from the mis- ment is there, Lord knows the threat is not touch those 20 missiles that were sile defense folks. there, but the money is not there. So in We asked them: Is it still your plan part of that test bed announced last our bill, Senators DOMENICI, FEINSTEIN, not to launch those interceptors from year. Last year, the chairman of our and others—and I was a cosponsor—of- the silos in Alaska? committee, Senator WARNER, said this fered an amendment which authorized Their answer is: That is correct. That body is authorized in moving ahead on this new initiative about which Sen- is not our plan for testing. We are not 20 test bed sites, 16 in Alaska and the ator DOMENICI said the following: balance in California. That was the de- going to launch those interceptors. The interceptors used for testing will be Many of us have worked very hard to put cision that we made last year—a 20-silo together a program where we and other na- test bed site in Alaska and in Cali- used somewhere else. They are not tions will go to work at ridding the world of fornia. going to be part of this test bed. We are proliferation of nuclear products from the Now, this year, the administration not cutting those three test inter- nuclear age. We think it is an exciting ap- said they want additional interceptors. ceptor missiles that are going to be proach. Eventually, we have to fund it and It is those additional interceptors on used for testing. Presidents have to implement it. But the which we are focusing. When we are all done, if this amend- Senate would be saying today it is good pol- My amendment would take $515 mil- ment is adopted, there would still be icy to get the world concerned about getting more spent on missile defense than on rid of radioactive material from the nuclear lion of the $1.7 billion proposed for fis- age. cal year 2005 and say let’s put that $515 any weapons system in the history of This amendment today does what million into far more needed, imme- this country in any single year. So the Senators DOMENICI and FEINSTEIN said diate purposes; in other words, to try idea that somehow or other this is a and this Senate said when we adopted to address this massive fissile material devastating blow to missile defense is their amendment, which is to fund the threat, the loose nuke threat, the dirty simply not correct. It is 5 percent of initiative. Not just to talk about it, bomb threat, which everybody says is the missile defense budget request for not just to say words which are impor- the most serious terrorist threat we this year. It is less than one-third of tant, but to actually put dollars behind face. the interceptors, and none of the test That is what this $515 million should interceptors. These are the extra mis- the words. As Senator DOMENICI said in offering be spent on; also, security of our bor- siles that were not asked for last year the amendment, which we adopted, ders, security of our ports. Most of the when we were assured by Senator WAR- which added this provision in this bill containers coming into this country NER that the test bed was for 20 silos in which authorized the Global Threat are still uninspected. Alaska, mainly, and 4 in California. We still do not have a means of deter- Now, we talk about the greatest Reduction Initiative, this amendment: mining what is an explosive material threats that we face. It seems to me [I]s aimed— at a distance. We must, if we are going that it is almost a consensus that the As his amendment was and is— to stop terrorists from blowing up greatest threats we face come from the at expediting global cleanout of nuclear ma- themselves and us, be able to identify loose nukes. As a matter of fact, this terials and equipment that could represent explosive material at a distance. We body just adopted a Domenici-Fein- proliferation risks. don’t have that technology. My amend- stein amendment, and that amendment He went on to say: ment would add money for that tech- said we ought to fund what is called Even though we are making progress, the nology. the Global Threat Reduction Initiative, focus on terrorism over the last few years We had the near destruction of the has substantially amplified the level of our which has recently been announced by concern. In the process, we have learned USS Cole because a tiny boat was able Secretary Abraham. more about the complicated routes through to get next to it. If we could identify Secretary Abraham, with great fan- which important equipment technologies, that explosive material at a distance fare, announced the $450 million Global such as enrichment capabilities, has moved before the explosion of the car bomb or Threat Reduction Initiative on May 26. to unfortunate destinations.

VerDate May 21 2004 01:00 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.011 S22PT1 S7122 CONGRESSIONAL RECORD — SENATE June 22, 2004 Our focus on Russia was appropriate a dec- Mr. ALLARD. Mr. President, I yield in legislation and signed into law by ade ago. But it is very clear today that pro- myself 10 minutes. President Clinton. The National Mis- liferation must be viewed as a global prob- I rise to strongly oppose the Levin sile Defense Act of 1999 established a lem. We must broaden our programs so that amendment. Senator LEVIN proposes to national policy to deploy a national they have a global impact, not only focused on the former Soviet Union. cut $515 million from missile defense missile defense as soon as techno- The increased threat of terrorism should and shift funds to a variety of home- logically feasible. It is feasible, and encourage us to seek new ways to expedite land security and counterterrorism these additional interceptors are im- the management, security, and disposition of provisions. I urge my colleagues to op- portant to that effort. The Senate ap- materials that could be dangerous to our na- pose this amendment on a number of proved that act by a vote of 97 to 3, I tional security if they were to fall into the grounds. remind Members of the Senate. wrong hands. These materials include a First, it makes a false distinction be- Furthermore, this amendment would range of fissile materials, with highly en- tween missile defense and homeland se- move the funds to accounts that are al- riched uranium and plutonium being the ones of greatest concern. curity. Missile defense is quint- ready well funded. Again, I remind my essentially homeland security. That is My amendment today would ensure colleagues in the Senate, this missile right, missile defense is homeland se- that this real and immediate threat to defense is homeland security. curity. It protects our homeland from I want to talk a little bit about these our security is funded, that the money long-range missiles and the most de- funds. For example, the President’s is there. The money is being transferred from structive weapons on the planet. budget includes $47.4 billion for home- Second, it makes a false distinction these extra missiles, missiles which land security activities, not including between missile defense and have not been tested. If we decide we ballistic missile defense throughout counterterror. Throughout the cold are going to proceed to deploy 20 un- the Government, an increase of $6.1 bil- war, we were concerned with the bal- tested missiles, so be it, but 21 through lion, or 15 percent, compared to last ance of terror. Rogue nations with mis- 30, not discussed last year when the year, a $26.8 billion increase to fiscal siles and weapons of mass destruction test bed of the of 20 was described, but year 2002. will use those missiles and weapons to Being on the Budget Committee, I added this year, those additional mis- threaten and terrorize the United had an opportunity to do a comparison. siles do not come close to being as im- States, our allies, and our friends. Homeland security is getting far more portant to our security as trying to Third, it would do serious harm to percentage increase than any other help get rid of fissile and nuclear mate- the Missile Defense Program. The $515 agency the President proposed in his rial that can fall into the hands of ter- million cut in the Levin amendment is budget. Now we are piling in on top of rorists. Secretary Abraham said, and the for the next 10 ground-based midcourse that. Funding for the Department’s activi- words were good: defense interceptors. Cutting these funds would break the production line ties to counter terrorism has more We will take these steps because we must. The circumstances of a dangerous world have for these missiles. It would cause the than doubled in 3 years to $10.2 billion. thrust this responsibility on the shoulders of loss of key personnel, expertise, sub- Of that amount, the President’s budget the civilized world. We don’t have the luxury contractors, and suppliers, and then request included $8 billion in DOD proof sitting back and not taking action. they would have to start all over again, grams for homeland defense. The com- We do not have that luxury, Mr. with lead-in delays and extra costs to mittee’s mark added more than $300 President. We do not have the luxury the program. million above the budget request. of not addressing that new global ini- The Missile Defense Agency would All of the programs for which Sen- tiative that Secretary Abraham and have to reconstitute the production, ator LEVIN proposes to add funds in his the administration said was so impor- requalify and recertify subcontractors amendment were funded either at or tant. We have a responsibility to look and suppliers, and it would have to re- above the amount of the President’s at how we allocate resources and to start production. Losing these funds budget request. Many of the rec- weigh the greater risks with the avail- for a year could result in a long delay ommendations for increased funding in able resources. in fielding the next 10 interceptors—be- this measure are simply flawed. It seems so obvious to me that when tween 2 and 3 years after we would For example, one of the first items we compare what is provided in an ad- have fielded them, I am told—and re- recommends an increase of $50 million ditional 10 missiles, not tested and not sult in restart costs of nearly $300 mil- in Air Force research and development to be used as part of a test—we do not lion. to be allocated to NORAD for low alti- touch any test missiles. We do not Those who oppose missile defense ob- tude threat detection and response touch the 20 missiles in the test bed in viously would like to delay. That is technology. This item appears to be di- Alaska and California. When we com- what we have been arguing over the rected at cruise missile defense, but it pare the funding of $515 million for last few days. They would like to add is not clearly enough defined to know those additional 10 missiles, those costs and then come back and say how how the proposed funding increase extra 10 missiles not in the 20 silo test this program is not proceeding the way would be used. A $50 million increase bed, with the critical need to obtain it should. This is an essential program. for ill-defined purposes would not be this fissile material and to secure it We should not have delays. We should executable. around the world before it falls into do everything we possibly can to cut I note that the proposal was appar- the hands of terrorists, it seems to me down unnecessary costs because of ently justified on the basis that the that the outcome should be very clear. time delays. NORTHCOM integrated priority list in- We should put that $515 million into se- Fourth, it would do serious harm to cludes cruise missile defense. This procuring that material, to obtaining that the defense of the Nation against long- posed amendment also reduces one of material, to securing our ports, and to range missile threats. The Missile De- the highest NORTHCOM priorities on doing some of the other homeland defense Agency’s assessment is that de- its list—that is ballistic missile defense needs that are provided for in my laying the next 10 interceptors would fense—by $515 million, again reminding amendment. leave us critically short of assets in the the Members of the Senate that missile Mr. President, how much time do I 2007 timeframe to defend against defense is homeland security. have remaining? known and potential threats. Finally, I have a letter that was sent The PRESIDING OFFICER. The Sen- We cannot talk about all the infor- to the chairman of the Armed Services ator has used the 5 additional minutes. mation that is available that informs Committee from Admiral Ellis, com- He has 14 minutes. Senators and how that judgment comes mander of the Strategic Command at Mr. LEVIN. I thank the Chair, and I about, but it is available to all Sen- Omaha, NE, the head military inte- reserve the remainder of that time. ators, and if they have any questions grator for missile defense, who ex- The PRESIDING OFFICER. The Sen- about that, I urge them to get that in- presses his opposition to any cuts to ator from Michigan reserves the re- formation and review it. missile defense funding. I will read this mainder of his time. The Senator from And fifth, this amendment is incon- letter for the benefit of my colleagues. Colorado. sistent with national policy established DEAR MR. CHAIRMAN:

VerDate May 21 2004 05:07 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.013 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7123 I am writing to express concern about pos- minutes remaining on the side of the Mr. WARNER. I yield 5 minutes to sible efforts to cut funding from the Presi- Senator from Michigan. the Senator from Alabama. dent’s FY05 budget request for continued Mr. WARNER. I thank the Presiding The PRESIDING OFFICER. The Sen- fielding of missile defense capabilities, in- Officer. ator from Alabama is recognized for 5 cluding additional Ground-based Intercep- Mr. ALLARD. I will respond to the minutes. tors. As the operational lead for Global Mis- concerns that were raised by the spon- sile Defense, USSSTRATCOM supports the Mr. SESSIONS. Mr. President, I continued appropriate development of mis- sor of the amendment about what he thank the distinguished chairman of sile defense capabilities that will be incre- referred to as ‘‘loose nukes,’’ and from the Armed Services Committee, Sen- mentally fielded and improved under the ev- that same report which he quoted, I ator WARNER, for his leadership. I sup- olutionary approach of Concurrent Test and would point out that in the report it port his position on this issue that is Operations. It is especially important to our says the probability that a weapons of before us today, as well as that of Sen- early success that we have funding support mass destruction armed missile will be ator ALLARD who chairs the Strategic for the production of ground-based intercep- used against U.S. forces or interests is Forces Subcommittee of the Armed tors at a rate and quantity sufficient to sus- higher today than during most of the tain the evolutionary developmental ap- Services Committee where this matter proach, testing milestones, and our initial cold war. is dealt with in depth. Both these Sen- defense operational capabilities. This is a real threat, and we should ators have worked on this issue for A reduction of interceptor funding would: not be saying we have a higher priority quite some time and have given it seri- (1) limit the capability and capacity of the on homeland defense or a higher pri- ous consideration. I believe they are Ballistic Missile Defense System to defend ority on missiles. The fact is we are correct. Indeed, I believe the Levin the U.S. against long-range missile attack, vulnerable in all areas. We need to ad- amendment runs counter to the policy and (2) limit the opportunity to gain oper- dress that, and we have been ade- of this Senate that has been estab- ational test experience as it will reduce the quately addressing it with our funding number of interceptors available to replace lished for some time. It is, I believe, deployed interceptors subsequently used in for homeland security. Now we need to now the fourth amendment of its kind, operational testing. take care of missile defense and make designed to erode the support and com- He goes on to say he further appre- sure we have adequately taken care of mitment we made to deploying a na- ciates the chairman’s support to both the threat with weapons of mass de- tional missile defense system. develop and provide the Nation with a struction through missiles that might A number of years ago, in 1998 or so, rudimentary missile defense capability be launched. this Senate in a bipartisan way adopt- In response to a hearing we had ear- and indicated that this letter was also ed the Cochran-Lieberman amendment lier on the need for a missile defense forwarded to the ranking member of that declared it was the policy of the test bed, I will share with my col- the Senate Armed Services Committee. U.S. Congress that we should deploy a leagues some testimony by Admiral So the sponsor of this amendment has national missile defense system as soon Ellis, who is the commander of seen this letter, which is from an indi- as practical—not develop one, not re- STRATCOM. I asked Admiral Ellis: Do vidual whom I have had before my search one, but to deploy it as soon as you support the use of the missile de- committee and somebody whom I high- possible. That passed, I believe, with fense test bed to provide limited oper- ly respect. So there we have it, some- about 90-plus votes in the Senate and ational capability, yes or no? body who is part of STRATCOM giving was signed by President Clinton. It rep- Admiral Ellis replies: Yes, sir. Yes, resents the policy and commitment of us a clear reason for why we need to sir. have those additional missiles. the United States. Then I asked him a further question: Over the years, we have moved to- In response to what the sponsor of Does such a capability contribute to the amendment said about whether all ward that goal. We were told it could deterrence? not be done. We were told a missile the missiles are going to be used, that Admiral Ellis says: Absolutely. was addressed in a full committee could not hit a missile in the air. We Then I responded back: Does such a were told, yes, there may be a threat hearing on March 9 in which Senator capability provide a useful strategic LEVIN himself, the sponsor of the out there, but it probably is not very option? real, and even if it is you can’t make amendment, asked General Kadish, Admiral Ellis says: Yes, it does. after he commented about the fact that Then I further questioned: Does such the technology work. This is Star the missiles would work: How many of a capability raise the nuclear thresh- Wars. It goes back to some degree to the Fort Greeley ones would be old? the ridicule that was directed toward launched? Admiral Ellis says: It certainly does. former President Reagan for his stead- General Kadish answered—and this is The fourth point I would like to talk fast belief that this country needed to not new evidence or new facts that about is the funding of the non- move from just trying to see how many have been brought before the Armed proliferation initiative. The biggest missiles we can aim at our enemies, see Services Committee or even before the portion of Senator LEVIN’s proposal how much threat we can focus on full Senate. General Kadish said: Even- adds $211 million for a new non- them, to the concept he believed was tually, all of them. proliferation initiative in the Depart- more peaceful, which would be to de- That response was further pursued by ment of Energy, but DOE cannot spend velop a system that would allow us to my colleague on the Armed Services the funding it has already for non- defend ourselves against attack. That Committee, who asked: They would be proliferation. Right now, DOE has $735 is what we voted on, and we voted on it moved somewhere else, is that it? million in unobligated balances for virtually unanimously. I think 90 per- General Kadish said: No. Well, they nonproliferation programs, and Sen- cent plus of the Senators in this body may—this is part of the ongoing plan- ator LEVIN’s amendment would push voted for that amendment. ning. That is why we all get frustrated that total up to nearly a billion dol- That is where we are today. Now we from time to time when we change our lars. have here at the last minute, as this plans. In summary, we are on the right bill moves forward, one more attempt The current plan is to use all of those track. The Armed Services Committee to drawdown money and to spend it on out at Fort Greeley. has received testimony both in my sub- other things. Yes, there are a lot of The PRESIDING OFFICER. The Sen- committee as well as in the full com- needs in this country. You can go to ator has used 10 minutes of his time. mittee and the testimony indicates we education, you can go to health care, Mr. ALLARD. I yield myself an addi- have a real need in missile defense and you can go to homeland security, you tional 3 minutes. we are taking care of homeland secu- can go to a lot of things we believe we Mr. WARNER. Mr. President, reserv- rity. I urge my colleagues to join me in need desperately in America, but we ing the right to object, and I shall not opposing the Levin amendment. are here to make choices. We made a object, will the Chair advise both sides The PRESIDING OFFICER. The Sen- commitment and a choice to field a na- as to the time remaining? ator yields the floor. tional missile defense system. The PRESIDING OFFICER. There is Who yields time? I will point out that a lot of Ameri- 141⁄2 minutes remaining now on the side The Senator from Alabama seeks rec- cans probably do not know this system of the Senator from Virginia and 14 ognition. is working. The science is being proven

VerDate May 21 2004 01:00 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.016 S22PT1 S7124 CONGRESSIONAL RECORD — SENATE June 22, 2004 day after day. In fact, in September we part of that 20-silo test bed which was which was so widely proclaimed by will be placing in the ground in Alaska presented to us last year, instead tak- Secretary Abraham as being forth- a national missile defense system that ing that money and using that money coming has not been forthcoming. can help protect us from missile at- not for my project but for the adminis- There is no money in the budget for it. tack—not just from North Korea, but tration’s stated project of trying to ad- It is the loose nuke material that ex- from an accidental launch. They could dress the ‘‘loose nuke’’ issue. ists around the world that threatens us be effective in protecting this country, This is a program, this $450 million more than any other single threat, and and as we go forward we will continue program, the administration an- we don’t have any money for it in here. to improve this system. nounced a few weeks ago in Vienna. The question is whether we are going As you test and develop this system, With great fanfare, Secretary Abraham to do it or whether we are going to add spiraling as we are doing now, then we said we have to address the loose nuke another 10 interceptors, numbers 21 may find we can develop a better radar problem around the world. Agreements through 30, add them to the test bed. system, we can develop a system that were signed to counter a nuclear That is the issue we face. Which is a can be deployed on ships more effec- threat; $450 million to prevent research higher priority for us? Again, I empha- tively than what we have today. We materials going to terrorists as part of size this amendment does not touch may be able to develop a local land- a global cleanup plan. those 20 interceptors which are part of based system. We may improve our But there is no money in this pro- that test bed. We do not touch that. computer system. We may be able to gram. So the Senate comes along a few That debate was last week. That is not improve our guidance systems. We may days ago, and Senator DOMENICI and this amendment. be able to improve our ability to defeat Senator FEINSTEIN, with the support, I Last week, we decided we are going even the most sophisticated attempts believe, of most of us—surely mine— to deploy those interceptors. Even to confuse a national missile defense say we have to move in this direction. though they have not been independ- system. But it does not have to be per- They authorize the program. But still ently tested, they will still be de- fect before we put it into place today. no money. The words are there, but the ployed. Maybe they will work, maybe I say we are going to continue to do money is not there. they will not work, but they will be de- that. We are talking about the money for a ployed. OK, that decision was made. I believe we are committed to going global program, not cleanup in Russia. We are talking now about Nos. 21 forward with this. It would be a ter- That money has already been identi- through 30 and whether that $550 mil- rible mistake to cut $515 million from a fied. This is for nuclear material lion is better spent the way it is pro- system that is on track now to be ef- around the world that we and the Rus- posed in this budget, or to address the fective and to be deployed. This will sians have to identify and secure. That loose nuke problem around the world, shut down the assembly lines. This will is what that $450 million is. There is to address our border security, to try shut down the production that is ongo- not a penny in this budget to secure to inspect the containers by the tens of ing. It is going to cost us much more that nuclear material. thousands that come into this country, money in the long run. It is not going The Russia task force of the Sec- to put additional funds into new tech- to be good for our productive system. retary of Energy said that the most ur- nologies to address how we can identify It is the kind of on-again, off-again po- gent unmet security threat to the explosive material at a distance so we litical management of the production United States is the danger that weap- do not face a blowup of a ship like the and deployment of systems that is not ons of mass destruction or weapons-us- USS Cole, a car bomber, or a suicide healthy for our Defense Department. able material could be sold to terror- bomber. That is the issue, whether we I see my time has expired. I thank ists and used against us. That was the are serious about the effort to address the chairman for his leadership. I also so-called Baker-Cutler task force. Then the greatest terrorist threats we face oppose the Levin amendment. they said the funding that is provided or whether we want to put another $500 The PRESIDING OFFICER. The Sen- in the Department of Energy budget million into another 10 interceptors ator from Alabama yields the floor. falls short of what is required to ade- which have not yet been tested. The Senator from Virginia has 5 min- quately address the threat. How much time remains? utes 5 seconds remaining. We had the Harvard task force come The PRESIDING OFFICER. The Sen- Mr. WARNER. I thank our distin- forward and say the facts are that the ator has used 6 minutes. The time re- guished colleague from Alabama. He amount of inadequately secured bomb maining on the Senator’s side is 7 min- has been in the forefront of this debate material in the world today is enough utes 45 seconds. for all the years he has been a member to make thousands of nuclear weapons, Mr. LEVIN. I reserve the remainder of the Armed Services Committee. that terrorists are actively seeking to of my time. At this time, I think it would be fair get it, and that with such material in The PRESIDING OFFICER. The Sen- we allow the distinguished proponent hand a capable and well-organized ter- ator from Virginia. of the amendment to speak for a bit. rorist group plausibly could make, de- Mr. WARNER. Mr. President, I say to Then I will follow, and I presume he liver, and detonate at least a crude nu- our colleagues, I think the Senator and would like to do a few minutes’ wrap- clear bomb capable of incinerating the I can agree on this point that there is up; is that correct? heart of any major city in the world. no vote on this current 2005 authoriza- Mr. LEVIN. That will be great. I Securing the vast stockpiles of nuclear tion bill of greater significance than thank my colleague. materials and weapons around the the vote we will take momentarily. The PRESIDING OFFICER (Mr. world is an essential priority for non- I frame this vote as follows: The ENZI). The Senator from Michigan is proliferation, for counterterrorism, and whole of America watched within the recognized. for homeland security. That is the past few days the September 11 Com- Mr. LEVIN. Mr. President, how much issue we have to face. Are we going to mission, its Chairman, face the cam- time remains? fund this kind of program, or are we eras and say, in response to the aston- The PRESIDING OFFICER. The Sen- just going to talk about it? ishment of the American people about ator has 14 minutes remaining. The hundreds of millions of dollars the tragic events of September 11, we Mr. LEVIN. I thank the Chair. I will which were identified by Senator AL- didn’t foresee it, we didn’t plan for it, yield myself 6 minutes. LARD have nothing to do with this ef- we didn’t fund for it, we didn’t train for Mr. President, the threat we are fort to secure nuclear material around it, and it happened. talking about addressing in my amend- the world. The money he identified has I say respectfully to my colleagues, ment is not one of our domestic prior- to do with a program to try to secure that is precisely what this vote is all ities. As important as those priorities plutonium between ourselves and Rus- about. are, it is not transferring money from sia, a program which is currently stale- The Senator laid down the priorities missile defense to education or health mated. That is something which hope- of the Central Intelligence Agency. I care. It is transferring money from the fully can be worked out between the have them before me. I should repeat next 10 missiles, untested, numbers 21 Russians and the State Department. this one. They say the possibility that through 30, which were not stated to be But the money we are talking about a WMD armed missile will be used

VerDate May 21 2004 01:00 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.019 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7125 against the U.S. forces or interests is which the Central Intelligence Agency 2002. Any of those years had less money higher today than during most of the says we are vulnerable. for interceptors. cold-war period. I urge Members to stay the course So the idea that somehow or other Senator LEVIN and I have been part- and not send a signal that America has we are destroying a missile defense sys- ners for 25 years on this committee. We stumbled backward. tem—when we leave that test bed in went through the cold-war era to- I yield the floor. Alaska the way it is, we leave the fund- gether. That is an astonishingly high The PRESIDING OFFICER. The Sen- ing for it exactly the way it is, with 20 expectation. True, the CIA put some- ator from Michigan. silos, the way it was stated to be last what greater emphasis on a number of Mr. LEVIN. Mr. President, we should the programs that will be funded stay the course. We have to address the year, but what we are saying is: Do not should the Senator’s amendment pass, threats that we know are the major add another 10. Do not add another 10 but the Senator would acknowledge to threats. We are not doing that. The interceptors, not independently tested. me, I think, that the administration, loose nuke threat in this world is the We have been through that argument, in sending forth this budget, covered No. 1 threat against us. That is what but they are not tested missiles. those 10 programs. Six of those pro- we all believe. The money that goes into those 10 grams receive more money than asked Yet a $450 million program to address missiles can be used for a much greater for in the budget, and the remaining those loose nukes is not funded in this threat, not just the ‘‘loose nuke’’ four programs were funded at the budg- budget. There is not a dollar for that threat, but the threats that have been et level. program in this budget. We are told identified by NORAD and by the North- He points out a most recent program now that the Department of Energy ern Command. There are many un- raised by the Secretary of Energy. I will reprogram $450 million. I would funded needs we have listed from share his concern, but the Secretary of like to see that request come in from NORAD, including low-altitude threat Energy said that can be financed the Department of Energy. But we do detection and response technologies. through reprogramming, which is a not have that request, either. procedure we follow regularly. What we do have, what we do know, This is another one from the Navy In summary, we are at the crossroads is that the major threat we face is the which we fund. Let me read this be- momentarily of whether the Missile loose nuke threat. That is what the ex- cause it goes right to the USS Cole Defense Program that this Nation has perts at the Department of Energy tell issue. They have an unfunded program been working on for these many years, us. We surely have to address the less that would procure ‘‘mobile and shore that has been acted upon by the Con- likely threats. I could not agree with Explosive Ordnance Disposal detach- gress in successive sessions, will con- that more. We should address threats ments to fill gap in required capability tinue. that are not as likely. to detect chemical, biological, and ex- While the Senator said we are not But, my heavens, to put nothing in plosive hazards during Improvised Ex- dislodging what has been done by the this budget when we have adopted the plosive Device/Weapons Mass Destruc- past Congress, I ask, why we should Domenici-Feinstein amendment which tion and Force Protection responses.’’ even go forward with those expenses if says we will have this global program— So the Navy says they have an un- we are going to stop the program and there is no money authorized behind it funded program need of $21 million to gap it, gap it for an indeterminate pe- in this budget. We have adopted the try to identify explosives at a distance. riod? Should we be able to put it to- Domenici amendment. Senator DOMEN- We all know—surely the chairman of ICI is exactly right. This is the greatest gether again after several years, at a our committee knows—what happened threat we face, loose nukes. Loose minimum, who can assure the tech- with the USS Cole. If we could have nukes globally are the greatest threat nical workforce that put together the identified those little boats carrying we face. What he said is someday we first missiles will be there? Who can explosives at a distance, we would not say the contractor wants to pick up, have to put the funds behind it. That have had the damage and loss of life we once again, the burden of trying to re- someday is now. We have to compare had on the USS Cole. start a program, given the background that threat which we all believe is the of the stop/start by the Congress if this most certain threat against the less So we have these real needs we would Levin amendment is adopted? likely threat identified by the CIA, fund in my amendment. We have to This amendment will spread uncer- which is a missile attack. compare that to the extra 10 intercep- tainty into this program. The world Now it has been suggested that tors, Nos. 21 through 30, that do not will begin to say: America is not seri- maybe we should then totally disband touch that 20-silo test bed in Alaska. ous about missile defense. the missile defense we have in Alaska. Mr. President, I ask unanimous con- Much of the technology of these pro- That is not what this amendment is sent that a number of documents be grams for missile defense could well be about. I want to emphasize that be- printed in the RECORD. One would be used in future years by other nations cause it has been mischaracterized. the NORAD statement relative to their that will recognize their vulnerability This does not end missile defense in shortfalls, some of which are funded in to the missiles. When we say ‘‘vulner- Alaska. Quite the opposite, it con- my amendment. Second would be two ability,’’ it is not necessarily limited tinues the funding for those first 20 editorials, one from the Washington to an aggressor firing, it could be an missiles. Post and one from the Los Angeles accidental firing. That has happened. I My dear friend from Virginia said need only point out the tragic sub- last year that test bed is 20 missiles in Times. marine experience. Both Russia and Alaska. He asked Senator BOXER a few Mr. WARNER. Mr. President, I will the United States have experienced er- days ago whether this body last year not object, but I would state that the rors with those magnificent platforms, ‘‘authorized moving ahead on 20 test Department of Energy, addressing the causing death and destruction. Acci- bed sites, 16 in Alaska and the balance ‘‘loose nuke’’ issue, says they expect to dents happen even with the best of in- in [California].’’ And Senator BOXER spend $87 million on it this year, and tent with military equipment. said: ‘‘Yes.’’ That is what we decided they can’t spend any additional money We see China coming on, we see last year. It would be a 20-silo test bed on it. So I think that should be stated North Korea. I think there is no dis- site. likewise. pute as to their potential today. We do not disturb that in any way. Mr. LEVIN. If it is $87 million, de- We must look at ourselves and go We leave more money in this budget back to that refrain of Lee Hamilton: after the $500 million is put into ‘‘loose spite the $450 million which the Sec- We didn’t plan, we didn’t foresee, we nukes.’’ We leave more money in there retary of Energy announced, that $87 didn’t train, and it happened. A future for interceptors than has been in any million is not provided for in this au- generation of America can look on this fiscal year budget. Mr. President, $1.2 thorization bill. Senate at this very moment and would billion is left in the budget this year There being no objection, the mate- have to see, henceforth, if this Nation after my $500 million subtraction. That rial was ordered to be printed in the ever experiences the type of attack to is more than was there in 2004, 2003, RECORD, as follows:

VerDate May 21 2004 01:55 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.022 S22PT1 S7126 CONGRESSIONAL RECORD — SENATE June 22, 2004

LOW ALTITUDE AIR DEFENSE OF NORTH Surveillance platforms and other sensors; age control and minimize the effects of ac- AMERICA and tual or suspected chemical, biological, radio- NORAD is leading the development and Defensive weapons. logical, nuclear or high explosive incidents, employment of capabilities for the air de- civil disturbances and other events, when di- fense of North America. Given the prolifera- From: Nanette Nadeau. rected by the President or Secretary of De- tion of advanced technologies and impro- Sent: Wednesday, May 5, 2004. fense. Currently, the Army National Guard vised delivery platforms operated by ter- To: Evelyn Farkas, (Armed Services). (ARNG) has only limited capability to estab- rorist groups and others, on 13 June 2002 the Subject: Anti-Terrorism/Force Protection. lish communications to support civil au- Joint Requirements Oversight Council di- HELLO EVELYN: Here is the information thorities. This degrades alternate site oper- rected NORAD to develop the ‘‘Low Altitude you requested on Anti-Terrorism/Force Pro- ations, High Frequency radio transmissions Air Threat Defense of North America Cap- tection (AT/FP). In our earlier conversation, and prevents secure communications re- stone Requirements Document.’’ you mentioned the FY05 $209.2M AT/FP quired during domestic support operations. This critical homeland defense effort ad- shortfall for Army Forces Command. Please The FY05 consequence management fund- dresses the increasing gap between the grow- be aware that USNORTHCOM’s other compo- ing profile for ARNG command and control ing danger from low altitude, low observable nents have AT/FP shortfalls as well. networks follows: threats and NORAD’s current air defense ca- ANTI-TERRORISM/FORCE PROTECTION (AT/FP) ARNG: Baseline—$2.4M; Shortfall—$13.3M. pabilities. U.S. Northern Command (USNORTHCOM) Hope this helps! Such threats include cruise missiles, un- and its Service Components; people, installa- NANETTE A. NADEAU, manned aerial vehicles, crop dusters, radio tions, forward/deployed facilities and equip- Chief, Legislative Liaison, controlled low observable aircraft and ultra- ment are at increased risk of attack based on Commander’s Action Group. lights. recent and emerging asymmetric threats. Limited capabilities exist for fusing sur- The Command should have the capability to DEPARTMENT OF THE NAVY, OFFICE veillance information and the effective en- deter and/or mitigate the risks of terrorist OF THE CHIEF OF NAVAL OPER- gagement and elimination of these increas- acts against people and property whether in- ATIONS, ingly advanced threats launched from air, place or deployed. This includes a physical Washington, DC, March 1, 2004. land or sea. security program to provide detection Hon. IKE SKELTON, Emerging technologies should be examined (alarms/guards), hardening of structures, re- Ranking Member, Committee on Armed Services, to enable NORAD to detect, identify, track, placement of current explosive material de- House of Representatives, Washington, DC. engage and assess these threats. tection and personal protection gear (various DEAR CONGRESSMAN SKELTON: In response There are two aspects to this NORAD-led detectors, night vision goggles, etc.). The to your letter of February 9, 2004, I am pro- multi-year effort, which is supported by U.S. AT/FP program would also include resources viding a list of unfunded programs to which Northern Command and the Joint Theater to conduct anti-terrorism exercises, perform additional funding could be applied. While Air Missile Defense Organization: the Navy is grateful for and has benefited a. Develop and write a Capstone Require- training and promote AT/FP awareness. from the increased resources recently pro- ments Document. The Capstone Require- FY05 AT/FP funding lines for vided by the President and the Congress, ments Document will provide the over- USNORTHCOM’s Service Components follow. there still remain additional shortfalls that arching set of ‘‘plug and play rules’’—called [In millions of dollars] are detailed herein. requirements—by which all systems, regard- Baseline Shortfall less of Service or interagency origin, are to The Department’s FY 2005 Budget continues to focus on our new defense strategy be developed and/or employed in support of Army Forces Command ...... $172.4 $209.2 detecting, deterring and defending against Marine Forces Atlantic ...... 0.0 26.4 and emergent challenges of the 21st Century. Air Force/Air Combat Command ...... 0.4 14.0 The resources contained in this budget go far low altitude air threats. That is, regardless Navy Forces Atlantic ...... 128.7 82.5 of agency or Service of origin, the systems in helping us to maintain heightened readiness in uncertain times, to provide further necessary for the full-spectrum air defense of Our first action on Thursday morning will North America must be interoperable in investment in transformational programs, be to provide you UNCLASSIFIED informa- and to take care of our sailors and their fam- order to provide NORAD the actionable in- tion on the FY05 $13.3M shortfall for Con- formation it needs to defend against such ilies. However, the Global War on Terrorism sequence Management. and current operations incident to Operation low altitude air threats. We appreciate all your support. Iraq Freedom continue to stretch our re- b. Complete development and evaluation of Thank you, sources in many areas. Additionally, the a suite of technologies. The following tech- NANETTE A. NADEAU, nologies have great potential for the success- road to attaining our shipbuilding and air- Chief, Legislative Liaison, craft procurement program goals remains ful detection of and defense against low alti- Commander’s Action Group. tude air threats: exceptionally challenging. For FY 2005, Naval unfunded programs Homeland Defense Battle Management From: Nanette Nadeau. total $2.5 billion. These unfunded items are Command and Control architecture—will en- Sent: Thursday, May 6, 2004. listed under Enclosure (1). sure the requisite interoperability of sys- To: Evelyn Farkas (Armed Services). tems to fuse sensor information and pass ac- Subject: Consequence Management. As always, if I may be of any further as- tionable information to NORAD command sistance, please let me know. A copy of this HI EVELYN: Here is the information you re- letter is also being provided to Chairman and control centers and defending forces; quested on consequence management. Technologies for cruise missile detection Hunter and Warner, and Senator Levin. and identification, including lightweight CONSEQUENCE MANAGEMENT Sincerely, radar technologies; USNORTHCOM, through its components, VERN CLARK, Stratospheric airship; needs to be able to communicate with fed- Admiral, U.S. Navy. Maritime surveillance; eral, state and local agencies to begin dam- Enclosure. USN FY–05 UNFUNDED PROGRAM LIST (PRIORITY)

30 CH–46 ERIP Inventory Adjustment ...... APN 5.0 The CH–46 will be in service longer than initially projected due to V–22 program delays. The Engine Reliability Improvement Program is the engine reliability and performance solution to the H–46 #1 issue over the last 5 years. The program delivers an engine with twice the reliability of today’s engine, is ahead of schedule and meets engine demand and operational readiness requirements from OIF. This funding provides (7) ERIP modifications. 31 LHD 8 ...... SCN 106.0 Fully fund LHD 8 SCN shortfall as well as Ship Self-Defense System (SSDS), AT/FP, and Expeditionary Fighting Vehicle (EFV) support on ship. Funds IPVT shortfalls in TPX–42 and GCCS–M interfaces with SSDS Mk2; Implementation of USS COLE SRG recommendations; Collective protection system; Expedi- tionary Fighting Vehicle integration. 32 LHA(R) ...... SCN 250.0 Provides funding that will deliver a transitional platform fielding transformational capabilities. 33 5″/54 Upgrades on CGs ...... RDTEN 10.0 As part of the CG Modernization program, upgrades existing 5″54 gun to interface with upgraded fire control system and SPQ–9B radar. Allows use of Task Force Hip Pocket 5″ rounds against small boats. Supports Sea Strike and Sea Shield pillars. 34 ARCI/Advanced Process Build Integration ...... RDTEN 20.0 Additional funds needed to accelerate Acoustic Rapid COTS Insertion (ARCI) upgrades to 13 ships that will not get ARCI upgrades before deployment. In- cludes Adv. Processor Build (APB) 04 integration which includes High Frequency Tactical Control Sonar, AI&R–SPVA sensor and processing, real time reach back analysis and spectral trackers. 35 CHEM/BIO ...... MULTI 21.4 Procures systems for mobile and shore Explosive Ordnance Disposal (EOD) detachments to fill gap in required capability to detect chemical, biological, and explosive hazards during Improvised Explosive Device/Weapons Mass Destruction and Force Protection responses. Currently the EOD detachments are limited in this capability. Replaces 2800 CBD respirators that have exceeded service life plus 2-year extension. Allows USN/USMC aircrew to operate in CBRN threat environment until Joint Service Aircrew Mask is fielded in FY09. 36 ESSM on Large Decks ...... MULTI 34.2 Funds completion of Ship Self Defense System (SSDS) MK2 and procurement of one CEC system, one SPQ–9B system, and one complete Re-architectured NATO Seasparrow Missile System (RNSSMS) including a shipset and installation costs for two Mk29 (ORDALT) missile launchers. 37 AV–8B Engine Life Management Program ...... RDTEN 5.0 The AV–8B Engine Life Management Program (ELMP) improves the F402 engine’s safety and reliability to increase the Mean Time Between engine Removal (MTBR) from 275 hours to 800 hours, and to ensure the AV–8B will remain a ready and relevant combat aircraft until transition to the JSF (STOVL). Ac- celerated Simulated Mission Endurance Testing III (ASMET III) ensures engine test experience remains ahead of Fleet experience. $2.0M will complete the remaining unfunded portion of the ASMET III test scheduled for FY2005. $3.0M is required to reinstate the previously cancelled Engine Monitoring System (EMS) plan in FY 2005.

VerDate May 21 2004 01:55 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.009 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7127 [From the Washington Post, June 11, 2004] four years. The president could help his own materials that are needed to make TOO SLOW ON NUKES political cause as well as U.S. security by them. The group of eight industrialized nations matching that commitment. The Post editorial says: took a couple of steps at their summit meet- [From the Los Angeles Times, May 30, 2004] . . . [T]his Bush administration is still giving in Georgia this week to prevent the pro- ing this effort a fraction of the resources it liferation of nuclear weapons. Urged on by A BIGGER PERIL: DIRTY BOMBS is spending to deploy a missile defense sys- the Bush administration, the leaders of Eu- During the Cold War, the United States, tem against a threat—a rogue state with an rope, Japan, Canada and Russia agreed to a under the Atoms for Peace program, and the intercontinental missile—that does not cur- one-year moratorium on supplying equip- Soviet Union actively exported nuclear ma- rently exist. At the current rate of work, it ment for producing fissile material to coun- terials abroad to friendly countries. The jus- will take 13 years to secure the remaining tries that do not already have it. Mr. Bush tification was that they were helping to pro- bomb-grade material in the former Soviet seeks a permanent ban, which will be dis- mote the peaceful use of nuclear energy. Now Union and more than a decade to collect it cussed in the coming months. The G–8 also the U.S. and Russia are reviving efforts to from other countries. retrieve uranium before it ends up in a ter- announced seven new participants in its pro- Mr. WARNER. Mr. President, I would gram for funding the securing of nuclear ma- rorist dirty bomb detonated in a major city. terials in the former Soviet Union and On Thursday, in a deal that followed a make an offer to my distinguished col- agreed to press more non-nuclear countries welter of new terror warnings from the Jus- league, if he wishes to advance an to accept expanded inspections by the Inter- tice Department, Energy Secretary Spencer amendment on the issue of the ‘‘loose national Atomic Energy Agency. The various Abraham signed a $450-million agreement nukes,’’ to work with him to see initiatives followed several recent steps by with Russia to retrieve nuclear materials. whether, in this bill right now, we the Bush administration—including a new Information about contributions to the could take that one change, if you feel $450 million program to collect enriched ura- global nuclear black market by top Paki- it is inadequately funded. stani scientist Abdul Qadeer Khan has nium and plutonium from 40 countries Mr. LEVIN. There is no funding. It is around the world—that have added momen- prompted the administration to revive its tum to its efforts to prevent the spread of lagging non-proliferation efforts. In a Feb. 11 not just inadequate, we do not have nukes to nations or terrorist groups. speech, President Bush warned that ‘‘terror- funding for that $450 million amount. This program nevertheless looks paltry in ists and terror states are in a race for weap- The PRESIDING OFFICER. All time comparison with recent developments in the ons of mass murder, a race they must lost.’’ on the amendment is expired. opposite direction. Both North Korea and Yet, as a new Harvard University study ob- AMENDMENT NO. 3457, AS MODIFIED Iran appear to be continuing with nuclear tained by the Washington Post reports, not enough is being done against such weapons. Mr. WARNER. Mr. President, I ask weapons development, overcoming ineffec- unanimous consent that the Burns sec- tive containment efforts by the Bush admin- Less fissile material was put in safekeeping istration and oft-divided groups of its allies. in the two years after Sept. 11 than in the ond-degree amendment be modified Next week the IAEA board will meet to con- two years preceding it. More than 40 coun- with the technical changes at the desk. sider a report that a formal Iranian commit- tries could supply materials for an atomic The PRESIDING OFFICER. Is there ment to freeze work on enriching uranium weapon. The U.S. has spent billions since objection? was never honored. It’s not clear that all the 1992 to secure nuclear materials, but bureau- Without objection, it is so ordered. nuclear equipment secretly produced and cratic wrangling has stalled many programs The amendment (No. 3457), as modi- traded by the Pakistan-based network of inside Russia. According to the General Ac- fied, is as follows: Abdul Qadeer Khan has been tracked down: counting Office, even rudimentary safety At the end of the matter proposed to be in- Some seems to have disappeared. Evidence measures to deter the theft of dangerous ma- serted, add the following: terials are lacking at many Russian nuclear has emerged, meanwhile, that North Korea (c) ADDITIONAL FACTORS IN INDECENCY PEN- labs. What’s more, the Energy Department’s already has exported nuclear technology, to ALTIES; EXCEPTION.—Section 503(b)(2) of the Libya. Though Libya is dismantling its pro- own auditors warned in February that sub- Communications Act of 1934 (47 U.S.C. gram, there is an obvious danger that North stantial caches of uranium produced here 503(b)(2)), is further amended by adding at Korea will sell bombs or the technology for were ‘‘out of U.S. control.’’ the end the following: them to others. It’s easy to fault the ineffec- Abraham’s initiative states that the U.S. ‘‘(F) In the case of a violation in which the tive strategies for these threats pursued by will retrieve radiological material it has violator is determined by the Commission the Bush administration or, in the case of sent abroad and earmarks $100 million to aid under paragraph (1) to have uttered obscene, Iran, by European governments. But it’s also Russian efforts. According to Atomic Energy indecent, or profane material, the Commis- unclear whether any approach, from negotia- Minister Alexander Rumyantsev, Moscow sion shall take into account, in addition to tion to military action, would succeed— will remove uranium from 20 Soviet and Rus- the matters described in subparagraph (E), though the effort at containment must go sian-built reactors in 17 countries. Russia the following factors with respect to the de- on. also promises not to complete Iran’s Bushehr gree of culpability of the violator: What’s odd in such circumstances is the nuclear power plant without a guarantee ‘‘(i) Whether the material uttered by the relative sluggishness with which the world that spent fuel will be sent to Moscow. violator was live or recorded, scripted or has attacked the part of the nuclear menace Though Abraham’s move is a welcome one, unscripted. that is relatively easier to deal with, if the Bush administration continues to waste ‘‘(ii) Whether the violator had a reasonable equally frightening: that of ‘‘loose nukes’’ far larger sums on a missile defense system opportunity to review recorded or scripted and the materials needed to make them. All intended to defend the country against nu- programming or had a reasonable basis to the elements needed to manufacture a nuclear missile attacks from rogue states or believe live or unscripted programming clear weapon are readily available in global terrorists. For 2005, the administration’s would contain obscene, indecent, or profane markets, save the fissile core of highly en- funding request is more than $10 billion, material. riched uranium or plutonium—and hundreds about 22 times the cost of the Energy De- ‘‘(iii) If the violator originated live or of tons of these materials are stored under partment effort. Yet most experts agree that unscripted programming, whether a time insecure conditions in the nations of the So- groups such as Al Qaeda are far more likely delay blocking mechanism was implemented viet Union and other countries. A decade-old to produce dirty bombs than nuclear mis- for the programming. U.S. program has safeguarded only 20 per- siles. It makes more sense to invest in pre- ‘‘(iv) The size of the viewing or listening cent of the material in Russia and less than venting nuclear materials from falling into audience of the programming. that elsewhere. According to a recent report the hands of terrorists than to pour billions ‘‘(v) Whether the obscene incident or pro- by a team of Harvard University researchers, into a system that has succeeded only in fane language was within live programming less fissile material was secured in the two what amounts to rigged testing. not produced by the station licensee or years after Sept. 11, 2001, than in the two The Abraham initiative deserves credit as permitee. years before the attacks. a cost-effective program against an imme- ‘‘(vi) The size of the market. Though it is working harder at securing diate danger. Missile defense, on the other ‘‘(vii) Whether the violation occurred dur- the loose nukes, the Bush administration is hand, is most effective as a profit center for ing a children’s television program (as such still giving this effort a fraction of the re- the defense industry. term is used in the Children’s Television sources it is spending to deploy a missile de- Mr. LEVIN. Mr. President, the Wash- Programming Policy referenced in section fense system against a threat—a rogue state ington Post editorial says: 73.4050(c) of the Commission’s regulations (47 with an intercontinental missile—that does What’s odd in these circumstances is the C.F.R. 73.4050(c)) or during a television pro- not currently exist. At the current rate of relative sluggishness with which the world gram rated TVY, TVY7, TVY7FV, or TVG work, it will take 13 years to secure the re- has attacked the part of the nuclear menace under the TV Parental Guidelines as such maining bomb-grade material in the former that is relatively easier to deal with— ratings were approved by the Commission in Soviet Union and more than a decade to col- implementation of section 551 of the Tele- lect it from other countries. Mr. Bush’s chal- And they are comparing it to the communications Act of 1996, Video Program- lenger, Sen. John F. Kerry (D-Mass), has laid North Korean transfer of technology; ming Ratings, Report and Order, CS Docket out a plan to complete the same job within and that is the ‘‘loose nukes’’ and the No. 97–55, 13 F.C.C. Rcd. 8232 (1998)), and, with

VerDate May 21 2004 01:55 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.014 S22PT1 S7128 CONGRESSIONAL RECORD — SENATE June 22, 2004 respect to a radio broadcast station licensee, Mr. WARNER. Could the Democratic Mr. WARNER. I move to reconsider permittee, or applicant, whether the target leader then be recognized immediately the vote. audience was primarily comprised of, or after the luncheons? Mr. CRAIG. I move to lay that mo- should reasonably have been expected to be Mr. REID. We would ask, then, that tion on the table. primarily comprised of, children.’’ The motion to lay on the table was ‘‘(G) The Commission may double the the Democratic leader be allowed to amount of any forfeiture penalty (not to ex- lay down his amendment, and that he agreed to. ceed $550,000 for the first violation, $750,000 would complete the debate at some The PRESIDING OFFICER. The Sen- for the second violation, and $1,000,000 for subsequent time. And then if Senator ator from Virginia. the third or any subsequent violation not to MCCAIN—— Mr. WARNER. Mr. President, I ask exceed up to $3,000,000 for all violations in a Mr. WARNER. In other words, if I un- that the vote that is about to be taken 24-hour time period notwithstanding section derstand the request now, it is simply be deferred in recognition of a need by 503(b)(2)(C)) if the Commission determines to come in and be recognized for the the distinguished Democratic whip. additional factors are present which are ag- purpose of laying down the amendment AMENDMENT NO. 3409 gravating in nature, including— Mr. REID. Mr. President, I ask unan- ‘‘(i) whether the material uttered by the so it is in the queue, and then we will violator was recorded or scripted; proceed with the Dayton amendment imous consent that the pending order ‘‘(ii) whether the violator had a reasonable and those matters we originally sched- be set aside and if there is a pending opportunity to review recorded or scripted uled? amendment that it be set aside, and I programming or had a reasonable basis to Mr. REID. That is right. I do not be allowed to offer for Senator believe live or unscripted programming know about the Dayton matter origi- DASCHLE amendment No. 3409. would contain obscene, indecent, or profane nally scheduled. The PRESIDING OFFICER. Without material; Mr. WARNER. Apparently my leader objection, it is so ordered. ‘(iii) whether the violator failed to block would like to address this issue. We Mr. WARNER. Mr. President, we re- live or unscripted programming; turn to regular order. ‘‘(iv) whether the size of the viewing or lis- want to be cooperative and supportive tening audience of the programming was of the procedural aspects of it. Could Mr. REID. Mr. President, does that substantially larger than usual, such as a na- we proceed at least through the first amendment need to be reported? tional or international championship sport- vote and then, in that interim period, The PRESIDING OFFICER. The ing event or awards program; and be able to provide an answer? clerk will report the amendment. ‘‘(v) whether the violation occured during Mr. REID. That is fine. I will be The legislative clerk read as follows: a children’s television program (as defined in happy to do that. But I see no prejudice The Senator from Nevada [Mr. REID], for subparagraph (F)(vii)).’’. to anyone if he is allowed to lay down Mr. DASCHLE, proposes an amendment numbered 3409. AMENDMENT NO. 3338 his amendment. Mr. WARNER. Mr. President, I am Mr. WARNER. I share that, but any Mr. REID. Mr. President, I ask unan- sure my colleague would want to ask manager has to be cognizant of the imous consent that the reading of the for the yeas and nays on his amend- needs of his respective leader. So we amendment be dispensed with. ment. will proceed to the first vote, with an The PRESIDING OFFICER. Without Mr. LEVIN. Mr. President, I thank understanding there will be a modest objection, it is so ordered. The amendment is as follows: my good friend. period in between to hopefully resolve Mr. WARNER. Mr. President, I ask this issue. (Purpose: To assure that funding is provided for veterans health care each fiscal year to for the yeas and nays. The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there a cover increases in population and infla- question is on agreeing to amendment tion) sufficient second? No. 3338. The yeas and nays have been At the end of subtitle G of title X, add the There appears to be a sufficient sec- ordered. The clerk will call the roll. following: ond. The legislative clerk called the roll. SEC. 1068. FUNDING FOR VETERANS HEALTH The yeas and nays were ordered. The result was announced—yeas 44, CARE TO ADDRESS CHANGES IN The PRESIDING OFFICER. The Sen- nays 56, as follows: POPULATION AND INFLATION. ator from Nevada. [Rollcall Vote No. 133 Leg.] (a) IN GENERAL.—Chapter 3 of title 38, United States Code, is amended by adding at Mr. REID. Mr. President, prior to the YEAS—44 vote going forward, it is my under- the end the following new section: Akaka Dorgan Lautenberg standing the majority has been con- ‘‘§ 320. Funding for veterans health care to Baucus Durbin Leahy address changes in population and infla- sulted, and the distinguished Demo- Biden Edwards Levin tion cratic leader, following these votes, Bingaman Feingold Lincoln ‘‘(a) For each fiscal year, the Secretary of wishes to offer his amendment dealing Boxer Feinstein Mikulski Breaux Graham (FL) Murray the Treasury shall make available to the with veterans health benefits. Byrd Harkin Pryor Secretary of Veterans Affairs the amount de- Mr. WARNER. Mr. President, I cer- Cantwell Hollings Reed termined under subsection (b) with respect Carper Inouye tainly want to accommodate the lead- Reid to that fiscal year. Each such amount is Clinton Jeffords Rockefeller ership. But I spoke earlier this morn- Conrad Johnson available, without fiscal year limitation, for Sarbanes ing outlining what I understood was Corzine Kennedy the programs, functions, and activities of the Schumer going to be the sequence of events in Daschle Kerry Veterans Health Administration, as specified Dayton Kohl Stabenow in subsection (c). the morning. We certainly want to ac- Dodd Landrieu Wyden ‘‘(b)(1) The amount applicable to fiscal commodate the distinguished Demo- NAYS—56 year 2005 under this subsection is the amount cratic leader, but one of our Members, equal to— for very special reasons, has to be ab- Alexander Dole Miller ‘‘(A) 130 percent of the amount obligated Allard Domenici Murkowski by the Department during fiscal year 2003 for sent this afternoon. He is a member of Allen Ensign Nelson (FL) the commission on WMD, and he Bayh Enzi Nelson (NE) the purposes specified in subsection (c), wished to rebut Senator DAYTON’s Bennett Fitzgerald Nickles minus amendment, which would be a very Bond Frist Roberts ‘‘(B) the amount appropriated for those Brownback Graham (SC) purposes for fiscal year 2004. short period of time this morning. Santorum Bunning Grassley Sessions ‘‘(2) The amount applicable to any fiscal Burns Gregg Mr. REID. How long does the Senator Shelby year after fiscal year 2005 under this sub- Campbell Hagel from Arizona wish to speak? Smith section is the amount equal to the product of Chafee Hatch Snowe Mr. WARNER. I would say 15 min- Chambliss Hutchison the following, minus the amount appro- utes. Cochran Inhofe Specter priated for the purposes specified for sub- Mr. REID. The votes will probably be Coleman Kyl Stevens section (c) for fiscal year 2004: Sununu completed shortly after 11 o’clock. We Collins Lieberman ‘‘(A) The sum of— Cornyn Lott Talent at least hope that is the case. ‘‘(i) the number of veterans enrolled in the Craig Lugar Thomas Department health care system under sec- Voinovich Mr. WARNER. The two votes. Crapo McCain tion 1705 of this title as of July 1 preceding DeWine McConnell Warner Mr. REID. Mr. President, I meant to the beginning of such fiscal year; and say 12 o’clock, which does not leave The amendment (No. 3338) was re- ‘‘(ii) the number of persons eligible for much time for the Democratic leader. jected. health care under chapter 17 of this title who

VerDate May 21 2004 05:07 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.004 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7129 are not covered by clause (i) and who were Mr. BROWNBACK. Mr. President, I Graham (SC) Leahy Roberts provided hospital care or medical services ask unanimous consent that the read- Grassley Levin Rockefeller under such chapter at any time during the Gregg Lieberman Santorum ing of the amendment be dispensed Hagel Lincoln Sarbanes fiscal year preceding such fiscal year. with. Harkin Lott Schumer ‘‘(B) The per capita baseline amount, as in- The PRESIDING OFFICER. Without Hatch Lugar Sessions creased from time to time pursuant to para- Hollings McCain Shelby graph (3)(B). objection, it is so ordered. Hutchison McConnell Smith ‘‘(3)(A) For purposes of paragraph (2)(B), The amendment is as follows: Inhofe Mikulski Snowe Inouye Miller Specter the term ‘per capita baseline amount’ means (Purpose: To increase the penalties for viola- the amount equal to— Jeffords Murkowski Stabenow tions by television and radio broadcasters Johnson Murray Stevens ‘‘(i) the amount obligated by the Depart- of the prohibitions against transmission of Kennedy Nelson (FL) Sununu ment during fiscal year 2004 for the purposes obscene, indecent, and profane language) Kerry Nelson (NE) Talent specified in subsection (c), divided by Strike page 1 line 2 through page 3 line 3 Kohl Nickles Thomas ‘‘(ii) the number of veterans enrolled in the Kyl Pryor Voinovich and insert the following: Department health care system under sec- Landrieu Reed Warner tion 1705 of this title as of September 30, SEC.ll. BROADCAST DECENCY ENFORCEMENT Lautenberg Reid Wyden ACT OF 2004. 2003. NAYS—1 ‘‘(B) With respect to any fiscal year, the (a) SHORT TITLE.—This section may be Breaux Secretary shall provide a percentage in- cited as the ‘‘Broadcast Decency Enforce- crease (rounded to the nearest dollar) in the ment Act of 2004’’. The amendment (No. 3464) was agreed per capita baseline amount equal to the per- (b) INCREASE IN PENALTIES FOR OBSCENE, to. centage by which— INDECENT, AND PROFANE BROADCASTS.—Sec- Mr. WARNER. I move to reconsider ‘‘(i) the Consumer Price Index (all Urban tion 503(b)(2) of the Communications Act of the vote. Consumers, United States City Average, Hos- 1934 (47 U.S.C. 503(b)(2)) is amended— Mr. REID. I move to lay that motion pital and related services, Seasonally Ad- (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respec- on the table. justed), published by the Bureau of Labor The motion to lay on the table was Statistics of the Department of Labor for the tively; 12-month period ending on the June 30 pre- (2) by inserting after subparagraph (B) the agreed to. ceding the beginning of the fiscal year for following new subparagraph: AMENDMENT NO. 3465 TO AMENDMENT NO. 3235 which the increase is made, exceeds ‘‘(C) Notwithstanding subparagraph (A), if The PRESIDING OFFICER. Under ‘‘(ii) such Consumer Price Index for the 12- the violator is— the previous order, Senator DORGAN is month period preceding the 12-month period ‘‘(i)(I) a broadcast station licensee or per- recognized to offer an amendment. described in clause (i). mittee; or ‘‘(II) an applicant for any broadcast li- Mr. REID. I send the amendment to ‘‘(c)(1) Except as provided in paragraph (2), the desk on his behalf. the purposes for which amounts made avail- cense, permit, certificate, or other instru- able pursuant to subsection (a) shall be all ment or authorization issued by the Commis- The PRESIDING OFFICER. The programs, functions, and activities of the sion; and clerk will report the amendment. Veterans Health Administration. ‘‘(ii) determined by the Commission under The assistant legislative clerk read ‘‘(2) Amounts made available pursuant to paragraph (1) to have broadcast obscene, in- as follows: subsection (a) are not available for— decent, or profane language, the amount of The Senator from Nevada [Mr. REID], for ‘‘(A) construction, acquisition, or alter- any forfeiture penalty determined under this Mr. DORGAN, proposes an amendment num- ation of medical facilities as provided in sub- subsection shall not exceed $275,000 for each bered 3465 to amendment No. 3235. chapter I of chapter 81 of this title (other violation or each day of a continuing viola- The amendment is as follows: than for such repairs as were provided for be- tion, except that the amount assessed for In the amendment, strike all beginning on fore the date of the enactment of this section any continuing violation shall not exceed a page 1, line 2, through page 3, line three, and through the Medical Care appropriation for total of $3,000,000 for any single act or failure insert the following: the Department); or to act.’’; and ‘‘(B) grants under subchapter III of chapter (3) in subparagraph (D), as redesignated by SEC. . BROADCAST DECENCY ENFORCEMENT ACT OF 2004. 81 of this title.’’. paragraph (1), by striking ‘‘subparagraph (A) (a) SHORT TITLE.—This section may be (b) CLERICAL AMENDMENT.—The table of or (B)’’ and inserting ‘‘subparagraph (A), (B), cited as the ‘‘Broadcast Decency Enforce- sections at the beginning of such chapter is or (C)’’. ment Act of 2004’’. amended by adding at the end the following (c) EFFECTIVE DATE.—This section shall (b) PURPOSE.—The purpose of this section new item: take effect 2 days after the date of enactment of this section. is to increase the FCC’s authority to fine for ‘‘320. Funding for veterans health care to ad- indecent broadcasts and prevent further redress changes in population and Mr. BROWNBACK. Mr. President, I laxation of the media ownership rules in inflation.’’. ask for the yeas and nays on this order to stem the rise of indecent program- Mr. WARNER. Regular order. amendment. This is the decency ming. (c) FINDINGS.—The Congress makes the fol- AMENDMENTS NOS. 3235 AND 3457 amendment that has been widely discussed. lowing findings: The PRESIDING OFFICER. The Sen- (1) Since 1996 there has been significant ate will resume consideration of The PRESIDING OFFICER. Is there a consolidation in the media industry, includ- amendment No. 3235. sufficient second? ing: Under the previous order, the Burns There appears to be a sufficient sec- (A) RADIO.—Clear Channel Communica- second-degree amendment No. 3457 is ond. tions went from owning 43 radio stations agreed to. The question is on agreeing to prior to 1996 to over 1,200 as of January 2003; The amendment (No. 3457) was agreed amendment No. 3464. The clerk will Cumulus Broadcasting, Inc. was established call the roll. in 1997 and owned 266 stations as of December to. 2003, making it the second-largest radio own- The PRESIDING OFFICER. The Sen- The legislative clerk called the roll. ership company in the country; and Infinity ator from Kansas. The result was announced—yeas 99, Broadcasting Corporation went from owning Mr. BROWNBACK. Mr. President, I nays 1, as follows: 43 radio stations prior to 1996 to over 185 sta- ask unanimous consent that Senator [Rollcall Vote No. 134 Leg.] tions as of June 2004; (B) TELEVISION.—Viacom/CBS’s national BYRD be added as a cosponsor to YEAS—99 ownership of television stations increased amendment No. 3235. Akaka Campbell Dayton The PRESIDING OFFICER. Without from 31.53 percent of U.S. television house- Alexander Cantwell DeWine holds prior to 1996 to 38.9 percent in 2004; GE/ objection, it is so ordered. Allard Carper Dodd Allen Chafee Dole NBC’s national ownership of television sta- AMENDMENT NO. 3464 TO AMENDMENT NO. 3235 Baucus Chambliss Domenici tions increased from 24.65 percent prior to Mr. BROWNBACK. Mr. President, I Bayh Clinton Dorgan 1996 to 33.56 percent in 2004; NewsCorp/FOX’s call up amendment No. 3464, which is Bennett Cochran Durbin national ownership of television stations in- at the desk. Biden Coleman Edwards creased from 22.05 percent prior to 1996 to Bingaman Collins Ensign 37.7 percent in 2004; The PRESIDING OFFICER. The Bond Conrad Enzi (C) MEDIA MERGERS.—In 2000, Viacom Boxer Cornyn Feingold clerk will report. merged with CBS and UPN; in 2002, GE/NBC The journal clerk read as follows: Brownback Corzine Feinstein Bunning Craig Fitzgerald merged with Telemundo Communications, The Senator from Kansas [Mr. BROWNBACK] Burns Crapo Frist Inc., and in 2004 with Vivendi Universal En- proposes an amendment numbered 3464. Byrd Daschle Graham (FL) tertainment; in 2003 News Corp./Fox acquired

VerDate May 21 2004 05:07 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.002 S22PT1 S7130 CONGRESSIONAL RECORD — SENATE June 22, 2004 a controlling interest in DirecTV; in 2000, or (B)’’ and inserting ‘‘subparagraph (A), (B), leadership on the issue of broadcast de- Time Warner, Inc., merged with America On- or (C)’’. cency, and I am fully supportive of his line. (e) NEW BROADCAST MEDIA OWNERSHIP legislation. This legislation gives the (2) Over the same period that there has RULES SUSPENDED.— Federal Communications Commission been significant consolidation in the media (1) SUSPENSION.—Subject to the provisions industry the number of indecency com- of paragraphs (d)(2), the broadcast media the tools they need to go after those plaints also has increased dramatically. The ownership rules adopted by the Federal Com- responsible for exposing our children to largest owners of television and radio broad- munications Commission on June 2, 2003, indecent material. cast holdings have received the greatest pursuant to its proceeding on broadcast With the recent trend of indecent number of indecency complaints and the media ownership rules, Report and Order events in the media, it is time to raise largest fines, including FCC03–127, published at 68 FR 46286, August the current fine levels in order to (A) Over 80 percent of the fines proposed by 5, 2003, shall be invalid and without legal ef- prompt stations to more carefully the Federal Communications Commission for fect. screen their programming. These high- indecent broadcasts were against stations (2) CLARIFICATION.—The provisions of para- owned by two of the top three radio compa- graph (1) shall not supersede the amend- er fines are appropriate for most sta- nies. The top radio company alone accounts ments made by section 629 of the Miscella- tions. However, if the fines are too high for over two-thirds of the fines proposed by neous Appropriations and Offsets Act, 2004 for a local Montana broadcaster, it the FCC; (Public Law 108–199). could well force them to close up shop. (B) Two of the largest fines proposed by The PRESIDING OFFICER. Under In Montana, we have numerous sta- the FCC were against two of the top three tions that are so marginally profitable radio companies; the previous order, the amendment is (C) In 2004, the FCC received over 500,000 agreed to. that the only reason they remain on indecency complaints in response to the The amendment (No. 3465) was agreed the air is because the good citizens of Superbowl Halftime show aired on CBS and to. their communities refuse to let them produced by MTV, both of which are owned AMENDMENT NO. 3466 TO AMENDMENT NO. 3235 go dark. by Viacom. This is the largest number of For example, in Scobey, MT, towns- complaints ever received by the FCC for a (Purpose: To protect children from violent programming) people regularly buy ‘‘stock’’ in KCGM single broadcast; because the community is so small (D) The number of indecency complaints The PRESIDING OFFICER. Under that, in the words of manager Dixie increased from 111 in 2000 to 240,350 in 2003; the previous order, Senator HOLLINGS Halvorsen, ‘‘there is no reason for any- (3) Media conglomerates do not consider or is recognized to offer an amendment. one to buy advertising in this station. reflect local community standards. Mr. REID. I send an amendment to (A) The FCC has no record of a television We have but one local market, one the desk on behalf of Senator HOL- station owned by one of the big four net- drug store, and one feed store. They LINGS. works (Viacom/CBS, Disney/ABC, News buy time with us because they want The PRESIDING OFFICER. The Corp./Fox or GE/NBC) pre-empting national their local news and their local high programming for failing to meet community clerk will report the amendment. school sports and the local legion base- standards; The legislative clerk read as follows: (B) FCC records show that non-network ball and the local weather . . . ’’ The Senator from Nevada [Mr. REID], for owned stations have often rejected national Plentywood is much the same. KATQ Mr. HOLLINGS, proposes an amendment num- network programming found to be indecent bered 3466 to amendment No. 3235. has a local advisory board that over- and offensive to local community standards; sees the operation of the station. It is (C) A letter from an owned and operated (The amendment is printed in today’s made up of members of the business station manager to a viewer stated that pro- RECORD under ‘‘Text of Amendments.’’) and non-profit community to ensure gramming decisions are made by network The PRESIDING OFFICER. Under headquarters and not the local owned and that their local stations remain on the the previous order, the amendment is air. operated television station management; agreed to. (D) The Parents Television Council has Nearly two-thirds of the radio sta- found that the ‘‘losers’’ of network owner- The amendment (No. 3466) was agreed tions in Montana are small market ship ‘‘are the local communities whose to. ‘‘mom and pops.’’ In Libby, MT, Duane standards of decency are being ignored;’’ AMENDMENT NO. 3235 and Peggy Williams operate KLCB-AM (4) The Senate Commerce Committee has The PRESIDING OFFICER. Under and KTNY-FM with the help of several found that the current fines do not deter in- the previous order, the Brownback part-time stringers and some high decent broadcast because they are merely amendment, as amended, is agreed to. the cost of doing business for large media school students. Libby has a depressed companies. Therefore, in order to prevent The amendment (No. 3235) was agreed economy and is a Superfund site. When the continued rise of indecency violations, to. the EPA held meetings and hearings the FCC’s authority for indecency fines Mr. WARNER. I move to reconsider with all of us in the Congressional dele- should be increased and further media con- the vote. gation, along with the Governor and solidation should be prevented. Mr. REID. I move to lay that motion other State and Federal officials, (d) INCREASE IN PENALTIES FOR OBSCENE, on the table. Duane and Peggy interrupted their en- INDECENT, AND PROFANE BROADCASTS.—Sec- The motion to lay on the table was tire programming for the day to cover tion 503(b)(2) of the Communications Act of agreed to. 1934 (47 U.S.C. 503(b)(2)) is amended— the issue. (1) by redesignating subparagraphs (C) and Mr. WARNER. The Burns amend- It is not at all inconceivable that (D) as subparagraphs (D) and (E), respec- ment, likewise. during these hours of live broadcasts, tively; The PRESIDING OFFICER. Without an upset citizen might utter a word or (2) by inserting after subparagraph (B) the objection, it is so ordered. phrase that could be considered inde- following new subparagraph: AMENDMENT NO. 3457 ‘‘(C) Notwithstanding subparagraph (A), if cent under this provision of the law. the violator is— Mr. BURNS. Mr. President, I am An excessive fine would mean the end ‘‘(i)(I) a broadcast station licensee or per- pleased that amendment No. 3457 was of Duane and Peggy’s stations and mittee; or accepted by unanimous consent in the dreams and the end of local radio in ‘‘(II) an applicant for any broadcast li- Senate today. While I fully support the Libby. cense, permit, certificate, or other instru- underlying Brownback legislation, I And there are hundreds, perhaps ment or authorization issued by the Commis- have offered a second-degree amend- thousands, of people like Duane and sion; and ‘‘(ii) determined by the Commission under ment to protect the interests of small Peggy who do not deserve such treat- paragraph (1) to have broadcast obscene, in- broadcasters who should not be pun- ment for simply trying to do what is decent, or profane language, the amount of ished for events outside of their con- best by their communities. any forfeiture penalty determined under this trol. The amendment agreed upon sim- Examples such as this are why I in- subsection shall not exceed $275,000 for each ply calls on the FCC to consider the troduced the amendment that was violation or each day of a continuing viola- size of the stations in question as well agreed to today. This amendment out- tion, except that the amount assessed for as whether they had anything to do lines mitigating factors that the Com- any continuing violation shall not exceed a mission shall consider when deter- total of $3,000,000 for any single act or failure with producing the offensive content in to act.’’; and question. mining the degree of a fine that will (3) in subparagraph (D), as redesignated by I applaud the efforts of my colleague help shield smaller stations from an paragraph (1), by striking ‘‘subparagraph (A) from Kansas, Mr. BROWNBACK, for his unnecessarily strong financial blow.

VerDate May 21 2004 05:07 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.006 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7131 I thank Mr. BROWNBACK for taking rians contacted my to share similar laration of principles with the United the lead on this important piece of leg- views. There seems to be a tendency States. This substitute amendment islation, and I am pleased that my col- among elected officials to respond to aims to assure that the Department of leagues have recognized the impor- such a strong outpouring of support by Defense, charged with protecting our tance of the small-market station not only trying to fix the problem, but national security, is not limited in its amendment. by trying to fix it in a way that swings ability to carry out the functions the Mr. TALENT. Mr. President, today I the legislative pendulum too far in American public is depending on it to rise to make a few remarks about my other directions, to over-regulate. I do do. vote today for Senator BROWNBACK’s not believe that these amendments as The Dayton amendment would give amendment regarding broadcast inde- combined go too far, but if they do I preferential treatment to U.S. sup- cency. I supported this amendment as want to hear from Missouri broad- pliers and does not accomplish the modified by the Burns second-degree casters and work with them to address more important objective, which is to amendment because it includes protec- their concerns. provide our troops with the best prod- tions for small market stations. Com- I thank Senators BURNS and uct for the best price. It may not sound bined, the Burns and Brownback BROWNBACK for their hard work on this like much on first consideration, but it amendments would curb the broadcast legislation, and for addressing my con- would have far-reaching consequences of indecent material without unjustly cerns. on national security efforts and violate penalizing local broadcasters who un- Mr. WARNER. We are moving along many of our trade agreements with re- knowingly transmit it. quite well. All are in agreement with spect to defense procurement. I have spoken with Missouri broad- great cooperation on both sides. We are Despite the good intentions of the casters who worry that the stand-alone about to proceed to the amendment, proponents of the ‘‘Buy America’’ Brownback legislation would subject the ‘‘Buy America’’ from our colleague amendment, if it passed in its current them to large fines for merely trans- on the committee. The Senator from form, it could have consequences to our mitting a program containing indecent Arizona on this side is ready. Nation, impacting jobs and our eco- material, like that contained in the Mr. REID. Will the Senator yield? nomic prosperity. Further, it would Superbowl halftime show, without Mr. WARNER. Yes. harm our relationships with our allies their knowledge of the indecency. Com- Mr. REID. Senator DAYTON indicated and coalition partners and our collec- bined, the Burns-Brownback amend- he wishes to speak for a short period of tive prosecution of the war on terror. ments would not place broadcasters in time. The Senator from Arizona does As for the international consider- this situation since it requires the Fed- not usually speak very long. Does the ations of the Dayton amendment, it is eral Communications Commission to Senator have any idea how long he will isolationist and go-it-alone. Currently, consider several factors including talk? the United States enjoys a trade bal- knowledge in determining whether to Mr. MCCAIN. No longer than 10 or 15 ance in defense exports of 6 to 1 in levy a fine, and how much that fine minutes. favor with respect to Europe, and 12 to should be. Mr. REID. We can complete all de- 1 with respect to the rest of the world. Under current law, local broadcasters bate on this amendment. Senator DAY- I don’t think there is any doubt if we are essentially liable for everything TON said he would not speak for more restricted what we would buy from that comes across their airwaves, even than 5 or 10 minutes following the Sen- other nations, they would then, in re- a Janet Jackson-type incident that ator from Arizona, and that would turn, respond. If we pass the Dayton they are downstream from and have complete debate on the amendment. amendment without modifications, our had no opportunity to review. This Mr. WARNER. Except the Senator allies will retaliate, and the ability to quasi-strick liability standard is sim- from Virginia would like about 3 min- sell U.S. equipment as a means to ply not fair, and that is one reason why utes to wrap up at the conclusion. greater interoperability with NATO I believe the law should be changed. Mr. REID. Totally appropriate. and non-NATO allies would be seri- The Burns amendment in particular The PRESIDING OFFICER. The Sen- ously undercut. Critical international corrects this unfairness by requiring ator from Arizona. programs such as the Joint Strike the FCC to consider factors in assess- Mr. MCCAIN. Mr. President, I ask Fighter Program and the Missile De- ing fines including whether the mate- unanimous consent I be allowed 15 min- fense Program would likely be termi- rial was scripted or recorded and utes for my substitute, the Senator nated as our allies reassess our defense whether the violator had a reasonable from Minnesota be given 10 minutes in cooperation. opportunity to review the script or re- response, and the Senator from Vir- There are many examples of a trade cording, thereby demonstrating that ginia, 3 minutes, followed by a rollcall imbalance that I can point to. I men- the violator had knowledge that the in- vote. tion one government: The Dutch Gov- decent, obscene or profane material The PRESIDING OFFICER. Without ernment, over a 4-year period, pur- would be aired or, otherwise, had a rea- objection, it is so ordered. chased $2.5 billion in defense equip- sonable basis to believe that live or The Senator from Arizona. ment from U.S. manufacturers, includ- unscripted programming would contain AMENDMENT NO. 3461 ing air refueling planes, Chinook heli- indecent material. In determining cul- Mr. MCCAIN. Yesterday, Senator copters, Apache helicopters, F–16 fight- pability, the FCC would be required to WARNER called up a substitute amend- er equipment, missiles, combat radios, consider mitigating factors including ment. I ask unanimous consent the and various equipment. During that whether the licensee had a reasonable substitute amendment be called up for same period, the United States pur- opportunity to review the program- its immediate consideration. chased only $40 million of defense ming or had reason to believe it may The PRESIDING OFFICER. The equipment from the Dutch. So there is contain obscene, indecent, or profane amendment is pending. a $2.5 billion procurement by the Dutch material. I believe these provisions ad- Mr. MCCAIN. My reasons for offering Government for American equipment dress local broadcasters’ concerns and this substitute amendment are simple. and $40 million of equipment of the protect them from arbitrary FCC en- It will be very harmful if we allow the United States bought by the Dutch. Re- forcement. Dayton amendment to be adopted in its cently, the Defense Ministers of the I support the Burns-Brownback original form. It is harmful to the De- United Kingdom and Sweden pointed to amendments because of these provi- partment of Defense, our soldiers in similar situations in their country. sions, but I am still concerned about uniform, our domestic defense indus- In every meeting regarding this sub- the phenomenon of congressional over- try, and, not least, the American tax- ject I am told how difficult it is to buy reaction to current events. Like many payer. American defense products because of other parents, I feel that this year’s The amendment I am offering in the our protectionist policies and the Superbowl halftime show contained inform of a substitute would grant waiv- strong ‘‘Buy European’’ sentiment decent material and that those respon- er authority for the application of a do- overseas. The Ambassadors of the sible should be held accountable. After mestic source or content requirement United Kingdom, Netherlands, and the Superbowl, hundreds of Missou- with a country that has signed a dec- Denmark, allies that provided forces in

VerDate May 21 2004 01:55 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.089 S22PT1 S7132 CONGRESSIONAL RECORD — SENATE June 22, 2004 Iraq, recently sent letters to the . . . it would be very difficult to under- My amendment simply takes us back Armed Services Committee expressing stand and explain if Denmark were to face to current law. My amendment simply their strong support for the underlying new restrictions in the industrial coopera- takes us back to the principles and the title 8 in the Defense Authorization tion with the U.S. Especially in light of our policies and the standards and the law participation in Iraq since the beginning of Act. the military operations and the continued in the Buy American Act, which has The letters support the Commission presence of 500 Danish troops—one of the been in effect in this country for 70 on the Future of the National Tech- largest contingents in both absolute num- years. So I am astonished that these nology and Industrial Base, the con- bers and certainly in proportion of popu- dire consequences are being asserted on forming standard for waiver of domes- lation. something that has been in existing tic source or content requirements, and We are in tough times right now. The law for 70 years, that has benefited consistency with U.S. trade obligations last thing we need to do is throw sand companies represented by the U.S. under trade agreements. in the face of our allies, particularly Chamber of Commerce and the Na- Over the last few years we have sold our European allies who are fighting tional Defense Industrial Association, 18 variants of aircraft, 19 types of mis- alongside us in Iraq and Afghanistan, that may have certain members that siles, as well as ground and naval Bosnia, Kosovo, and other parts of the have exported jobs and instead set up equipment, through the Foreign Mili- world. I would hope that the substitute bases of operation in other countries, tary Sales Program. These defense sys- would be agreed to, and I would point including those affected by this amend- tems were manufactured in 39 States out again the U.S. Chamber of Com- ment. across America. Companies such as merce, as well as the National Defense So there may be those who have that Raytheon, Lockheed Martin, Bell, Nor- Industrial Association and the Aero- particular financial interest for their throp Grumman, Missile Research Cor- space Industries Association, the Sec- own companies involved, but, overall, poration, Sikorsky, Pratt & Whitney, retary of Defense, and others have spo- as the Senator from Arizona pointed General Dynamics, American General, ken strongly on this issue. out, national defense and military and American Truck Corporation are Let me quote from the U.S. Chamber equipment are areas of our trade where contributing to the trade surplus we of Commerce letter: we enjoy a surplus. So it seems evident have in the defense technology market. On behalf of the U.S. Chamber of Com- that the policies and the laws of this I want to point out also that in fiscal merce, the world’s largest federation, rep- country affecting both ‘‘Buy Amer- years 2003 and 2004 there was $482 mil- resenting more than 3 million businesses, I ican’’—which provides exemptions for lion worth of military equipment pur- am writing to express serious concerns for the Secretary of Defense in just the chased in the State of Minnesota; $482 two Buy American-related amendments for circumstances that the Senator from million, Lockheed Martin; and consideration during Senate debate on the Arizona cited: if there are not products National Defense Authorization Act. These available that are of the right quality, Raytheon, 20 Stinger missiles. Lock- sections represent important steps in De- heed Martin, by the way, sold those partment of Defense transformation plans as if there is a delay in obtaining them, if weapons systems to Japan, and it is filed. the prices are not competitive, if there Raytheon, the Stinger, to Turkey. So I would hope we would also under- are any factors at all that would harm I will read from a couple letters we stand the Senate needs to go into these our ability to provide for our national have received from various countries negotiations with a strong position, defense or to supply our fighting men and the U.S. Chamber of Commerce and given the position of the House Armed and women who serve us so heroically others on this issue. Services Committee authorization. So around the globe—if there were any- There is no one under more assault I hope we will adopt the amendment. I thing at all that were an impediment than the British Prime Minister for his ask for its enactment. to them getting the best equipment, continued unwavering support of our I yield the floor. getting the most advanced equipment, effort in Iraq. The British Ambassador The PRESIDING OFFICER. The Sen- in a timely basis, at a competitive wrote: ator from Minnesota. price, then the Secretary of Defense, If approved, the measures proposed under AMENDMENT NO. 3197, AS MODIFIED under the current law, is entitled and Title VII would be an important step forward Mr. DAYTON. Mr. President, I ask has the authority to make a waiver towards improving interoperability across unanimous consent that the amend- and grant an exception. the full range of our mutual defence coopera- ment be set aside, and I call up my But this ‘‘Buy American’’ law has tion. amendment 3197 and ask unanimous said—for 70 years, under six Demo- The Netherlands Ambassador says: consent that my amendment be modi- cratic administrations and five Repub- Although not directly related to the above fied with the changes that are at the lican administrations, until this ad- referenced proposals, allow me to share with desk. ministration started to object to it— you the idea that in our perception, part of Mr. WARNER. Mr. President, reserv- try to buy American because if you buy the discussion which is seen by some as the ing the right to object, the modifica- American, you strengthen America by danger posed by foreign dependency can be supporting American companies pro- satisfied by bilateral Security of Supply tions are at the desk. We have exam- agreements which can be negotiated as more ined them, and there is no objection. ducing products in the United States of detailed arrangements under a Declaration The PRESIDING OFFICER. Is there America, employing American citizens, of Principles. . . . objection? providing jobs in this country. As you know, Mr. President, we have Without objection, it is so ordered. It is this administration which seem- Canadian troops fighting alongside The amendment is modified. ingly has very little concern about Americans in Afghanistan. The amendment (No. 3197), as modi- that job base. Given that we have lost, fied, is as follows: since President Bush took office, in the The amendment offered by Senator DAY- 1 1 TON sends the wrong message to U.S. allies Beginning on page 172, strike line 11 and last 3 ⁄2 years, over 2 ⁄2 million manu- by deleting language in the Committee’s bill all that follows through page 176, line 12. facturing jobs in this country—that is, that would encourage and support inter- Mr. DAYTON. Mr. President, I thank 21⁄2 million Americans who were hold- national defense cooperation and ultimately the chairman for his concurrence. ing those jobs when President Bush benefit U.S. taxpayers and American troops. Mr. President, I want to say at the took office, who are now without those Every nation that is working with us outset, as I said yesterday, but in the jobs. Maybe some have found lesser and fighting alongside the United absence of my colleague from Arizona, paying service sector jobs, but many of States is deeply concerned about this I have the utmost respect for him and them are unemployed and have been issue. It is hard for me to understand also for those who take a different po- for a long time. Under those cir- why we would want to propose legisla- sition on this issue. But I am a little cumstances, you would think this ad- tion which would put this impediment perplexed at the dire consequences that ministration would be unwilling to to our relationship with our allies are being asserted if my amendment adopt any violations of the Buy Amer- right now, when we are desperately were to be adopted, because my amend- ican Act that would have the con- seeking more cooperation and more ef- ment simply strikes language that is in sequence of costing more American fort on behalf of freedom. the bill before the Senate which is manufacturing jobs or not recovering The Danish Ambassador says: itself modifying current law. some that would otherwise be possible

VerDate May 21 2004 01:55 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.034 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7133 to be recovered for the benefit of Amer- icit that now exceeds on an annual The second thing that concerns me, ican citizens, for the benefit of Amer- basis $550 billion a year. That is $550 and it is somewhat technical, in draw- ican companies. But evidently that is billion that leaves the United States to ing up this bill, I gave specific instruc- not a concern. buy foreign products. Here we are, in tions to the staff to preserve the sanc- I appreciate that Senator MCCAIN one of the few sectors where we enjoy tity of that part of ‘‘Buy America’’ has, by his proposed substitute amend- an export surplus, prepared to give which I and I think everybody in this ment—and I would support that if my that up on the basis of getting con- Chamber supports, the Small Business own were not successful—reduced the tracts or selling products to those Act, where 23 percent of the dollars for number of countries that are going to countries. small businesses have to go, the ship- be given this special treatment, this I can understand why those countries building, the blind and the handi- special advantage under the existing who wrote those letters of support capped, and the Berry amendment. Yet armed services language—section 842 would do so because that kind of agree- when the Senator modified his amend- that I propose to strike—and has stated ment benefits them. But we are not ment, this section up here was taken that the countries that will be given making laws—or we should not be—and out. That is caught up, and takes it out this special exemption are those that we are not making trade policies—or also. have signed statements of principle we should not be—that benefit Canada, It seems to me it is important for the with the United States rather than the Netherlands, Denmark—with all Senate to reaffirm the sanctity of memoranda of understanding regarding due respect, important friends and al- those four categories of trade as being U.S. purchases from those countries. lies as they are—any more than they purely ‘‘Buy America’’ and let them I am a little perplexed that the Sen- pass laws or make trade policies that stay. But the Senator has taken out ator from Arizona cited letters in sup- benefit the United States to their own the work of the committee when we port of his position from the countries disadvantage. So if they are not pre- put it in there. That is what troubles of Canada and the Netherlands because, pared to do so, and they should not, me. according to the information I have why would we do so when we should Lastly, we have here another commu- been provided, those two countries do not? nication from the Secretary of Defense not have statements of principle signed My goal is not to change current law; of Great Britain, who is so explicit, he with the United States, so they would my goal is to stay with current law. It says: not be included. In fact, they would is to strike the language in this bill now be excluded by Senator MCCAIN’s that would create these additional ex- . . . efforts by Administration officials to in- proposed substitute amendment. As I ceptions, that would allow other com- troduce unnecessarily restrictive language understand it, the countries that have panies in other countries to gain con- into US/UK cooperative armament and re- signed these statements of principle in- search MOUs are a potentially serious blow tracts that are for goods and services to US-UK relations in the defence equipment clude Australia, Norway, Denmark, the that are now produced in the United co-operation field. They would put us under United Kingdom, Sweden, Spain, and States by American companies, em- pressure domestically— Italy. I am pleased that the number of ploying American workers, paying That is, before the parliament, their par- countries then that would be exempted taxes in American communities that liament would now begin to examine this from ‘‘Buy America’’ are only 7, as op- benefit our schools, our local govern- tremendous trade surplus that we have with posed to 21 before, but those are still 7 ments, our State and Federal Govern- relationship to Great Britain countries, frankly, that enjoy, on an ment, but, most importantly, that pro- —to review our own policies and to con- overall basis, a sizable trade surplus vide jobs for American citizens, the sider whether we are prepared to continue to with the United States. same as current law. I am not asking place significant defence contracts with US In other words, this country, if you for any more protectionism. I am not suppliers in the face of what could only be take all goods and services, imports far asking for any more of anything affect- seen as a demonstrably uneven playing field. The mutual operational, technological, and more products from those countries, ing trade policy or trade agreements buys more products made in those industrial benefits we have enjoyed over than exists under current law. I am years of equipment cooperation could quick- countries than we export to those simply asking my colleagues not to go ly evaporate with both of us being losers, countries. One of the few exceptions to further. and with obvious political ramifications. that is the sale of military equipment. I ask my colleagues—at a time when I say to my good friend, I recognize That is to our advantage. That means we have lost over 2.5 million manufac- his intention to try and help America we are exporting more than we are im- turing jobs under President Bush and save jobs, but his amendment addresses porting. That means we have more jobs his administration—not to go further, the wrong sector of trade. He could do generated in the United States to not to cost us more manufacturing serious damage to a surplus we are gen- produce those goods and products than jobs, but to take a stand on behalf of erating with additional jobs in the we are importing in return. But on an those who are working in American in- United States as it currently exists. overall basis, taking all products— dustries today, those who want to re- commercial, industrial, agricultural, turn jobs to American industries to- I yield the floor. and services—we are paying more morrow. Let’s stick with current law. The PRESIDING OFFICER. All time money to import goods and services That is what my amendment does. on the amendment has expired. from those countries than we are ex- I yield the floor. VOTE ON AMENDMENT NO. 3461 porting. The PRESIDING OFFICER. The Sen- So why are we willing to sacrifice ator from Virginia has 3 minutes. The question is on agreeing to the one of the very few sectors in which we Mr. WARNER. Mr. President, to go amendment. enjoy a trade surplus and give that up directly to the comments the Senator Mr. WARNER. Mr. President, I ask by agreeing to buy the same amount of just made, as he and I were in our col- for the yeas and nays. product from them as we sell to them loquy the other day, I pointed out that The PRESIDING OFFICER. Is there a in this one sector and then leaving all at the present time the United States, sufficient second? There is a sufficient others aside? If we want to take that in the last fiscal year, sold $63 billion second. approach, if we believe, as those coun- in defense sales and only purchased $5 The clerk will call the roll. tries do, that these kind of reciprocal billion. My point is, the Senator is The assistant legislative clerk called agreements are valuable to them, as going after the wrong target, the the roll. they are, because they provide jobs in wrong segment of the industry by this those countries, why don’t we make amendment, because it will create The PRESIDING OFFICER. Are there that requirement for everything we im- greater loss of jobs if we go after that any other Senators in the Chamber de- port from those countries? Or better trade surplus that is in defense right siring to vote? yet, why don’t we make that agree- now. That is why we plead with our The result was announced—yeas 54, ment for everything we import all over colleagues to leave this sector of trade nays 46, as follows: the world? Because as the latest figures untouched. I believe it is very impor- The result was announced —- yeas 54, show, we are running a world trade def- tant we do that. nays 46, as follows:

VerDate May 21 2004 01:55 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.036 S22PT1 S7134 CONGRESSIONAL RECORD — SENATE June 22, 2004 [Rollcall Vote No. 135 Leg.] participate under chapter 73 of title 10, close, then-COL Theodore Roosevelt YEAS—54 United States Code; warned his Rough Riders about the re- (ii) interest on the amounts by which the Alexander Crapo Lieberman ception they would receive once they retired pay of the person would have been so Allard DeWine Lott returned home: reduced, computed from the dates on which Allen Dole Lugar The world will be kind to you for 10 days. Bennett Domenici McCain the retired pay would have been so reduced Bingaman Durbin McConnell at such rate or rates and according to such Everything you do will be all right. After Bond Ensign Miller methodology as the Secretary of Defense de- that, you will be judged by a stricter code. Brownback Enzi Murkowski termines reasonable; and We have come a long way in the Bunning Fitzgerald Nickles (iii) any additional amount that the Sec- treatment of our veterans, and our re- Burns Frist Roberts Campbell Graham (SC) Santorum retary determines necessary to protect the cent commemoration of Memorial Day, Cantwell Grassley Sessions actuarial soundness of the Department of our dedication of the World War II Me- Chafee Gregg Shelby Defense Military Retirement Fund against morial, the observance of the 60th an- Chambliss Hagel Smith any increased risk for the fund that is asso- Cochran Hatch Stevens ciated with the election. niversary of D-day, attest to the grati- Coleman Hutchison Sununu (B) Premiums paid under the regulations tude our Nation feels toward the men Collins Inhofe Talent shall be credited to the Department of De- and women who have defended our free- Cornyn Jeffords Thomas dom. Ultimately, the real test of our Craig Kyl Warner fense Military Retirement Fund. (C) In this paragraph, the term ‘‘Depart- gratitude, however, is not found in pa- NAYS—46 ment of Defense Military Retirement Fund’’ rades or ceremonies. The real test is Akaka Feingold Murray means the Department of Defense Military whether we honor our promises and Baucus Feinstein Nelson (FL) Retirement Fund established under section provide our veterans with the help and Bayh Graham (FL) Nelson (NE) 1461(a) of title 10, United States Code. Biden Harkin benefits they need. Pryor Mr. WARNER. Mr. President, if I Boxer Hollings Reed Sadly, we are not meeting that test. Breaux Inouye Reid might, on the resumption of the Senate In recent years, large numbers of vet- Byrd Johnson Rockefeller consideration of this bill, that will be erans have seen their health care de- Carper Kennedy Sarbanes Clinton Kerry following the taking of the annual pic- layed or denied outright. The reason is Schumer Conrad Kohl ture. At this time, the understanding is Snowe clear: Our system for funding the VA is Corzine Landrieu ASCHLE Specter Senator D will be recognized for broken. The VA’s enrolled patient pop- Daschle Lautenberg the purpose of bringing up his pending Dayton Leahy Stabenow ulation has grown 134 percent since Dodd Levin Voinovich amendment. I inform the Senate of 1996, while appropriations have risen Dorgan Lincoln Wyden that situation. only one-third as quickly. Edwards Mikulski f The President’s task force to improve The amendment (No. 3461) was agreed RECESS health care delivery for our Nation’s to. veterans, created by President Bush The PRESIDING OFFICER. Under AMENDMENT NO. 3197 through Executive Order 13214, re- the previous order, the Senate will now The PRESIDING OFFICER. Under ported a significant mismatch in VA stand in recess until the hour of 2:15 Senate precedent, the accompanying between demand and available funding. p.m. Dayton amendment to strike is moot. That mismatch is translated into Thereupon, the Senate, at 1:23 p.m., Mr. ENSIGN. I move to reconsider lengthy waiting lists, forcing hundreds recessed until 2:41 p.m. and reassem- the vote and I move to lay that motion of thousands of veterans to wait for bled when called to order by the Pre- on the table. months, even years, to see a doctor, in- The motion to lay on the table was siding Officer (Mr. VOINOVICH). creased out-of-pocket payments result- agreed to. f ing in veterans paying six times more AMENDMENT NO. 3467 TO AMENDMENT NO. 3315 NATIONAL DEFENSE AUTHORIZA- for their health care than when this Mr. ENSIGN. Mr. President, I call for TION ACT FOR FISCAL YEAR President took office, from $200 million regular order with respect to a 2005—Continued in 2001 to an expected $1.3 billion next year, and new enrollment restrictions. Landrieu amendment numbered 3315 The PRESIDING OFFICER. The and offer a second-degree amendment Last year, Secretary Principi ruled Democratic leader is recognized. that 200,000 priority 8 veterans could no which is at the desk. AMENDMENT NO. 3409 The PRESIDING OFFICER. The longer enter the VA health care sys- Mr. DASCHLE. Mr. President, I ask tem. If nothing is done, the Congres- clerk will report the amendment. for the regular order with respect to The legislative clerk read as follows: sional Budget Office now predicts the amendment No. 3409. number denied access through this one The Senator from Nevada [Mr. ENSIGN] The PRESIDING OFFICER. The Sen- policy will grow to 1.5 million by the proposes an amendment numbered 3467 to ator has that right. The amendment is amendment No. 3315. year 2013. The Bush administration re- now pending. fuses to acknowledge the system is bro- Mr. ENSIGN. Mr. President, I ask AMENDMENT NO. 3469 TO AMENDMENT NO. 3409 ken and preaches a policy of ‘‘demand unanimous consent that the reading of (Purpose: To assure that funding is provided management.’’ the amendment be dispensed with. for veterans health care each fiscal year to Let’s be clear, demand management The PRESIDING OFFICER. Without cover increases in population and infla- means taking any and all steps nec- objection, it is so ordered. tion) essary to restrict the number of vet- The amendment is as follows: Mr. DASCHLE. Mr. President, I send erans treated by the VA, including ra- (Purpose: To provide a fiscally responsible a perfecting amendment to the desk. tioning care, sending the bill collectors open enrollment authority) The PRESIDING OFFICER. The after veterans, and blocking enroll- On page 9, strike lines 12 through 22, and clerk will report. ments. The principle of demand man- insert the following: The assistant legislative clerk read agement says to the veteran: Take (8)(A) The Secretary of Defense shall pre- as follows: scribe in regulations premiums which a per- your health concerns somewhere else son electing under this section shall be re- The Senator from South Dakota [Mr. because we cannot help right now. quired to pay for participating in the Sur- DASCHLE] proposes an amendment numbered That is not a policy, that is a dis- vivor Benefit Plan pursuant to the election. 3468 to amendment No. 3409. grace, and it is time we reject that The total amount of the premiums to be paid Mr. DASCHLE. Mr. President, I ask principle that governs the care we offer by a person under the regulations shall be unanimous consent that the reading of our veterans today. Veterans have a equal to the sum of— the amendment be dispensed with. fundamental right to health care, and (i) the total amount by which the retired The PRESIDING OFFICER. Without we have an obligation to ensure that pay of the person would have been reduced objection, it is so ordered. the VA has the resources to provide before the effective date of the election if the person had elected to participate in the Sur- (The amendment is printed in today’s them. The answer to the VA health vivor Benefit Plan (for the same base RECORD under ‘‘Text of Amendments.’’) care crisis is simple: We need a new amount specified in the election) at the first Mr. DASCHLE. Mr. President, in 1898, funding system that will allow us to opportunity that was afforded the member to as the Spanish-American War drew to a provide health care to every American

VerDate May 21 2004 01:55 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.008 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7135 who served in the Armed Forces of the This is not an abstract debate over leagues, Senators SNOWE and ENSIGN on United States. numbers for my friends back home. this side, have now perfected an My amendment today would spell out These veterans have sat on waiting amendment which is going to help the that objective in the law. The amend- lists, these veterans take the phone widows as they meet—and perhaps ment would remove veterans health calls from the VA’s new bill collectors, those of the male sex who are recipi- care from the annual politics of appro- these veterans have friends and neigh- ents of the retirement benefits of a fe- priations cycles. Instead, veterans bors who are prohibited from enrolling male veteran—as a consequence of this health care would be funded like other in the current VA health system. bill, each of those will be able to expect vital programs, including military re- Earlier this year, these South Da- to have greater certainty as to the tirement, Social Security, and Medi- kota veterans were moved to action. amount of money in terms of their re- care. Nearly 500 veterans from nearly 50 tirement at that juncture in life when Each year, the Veterans Health Ad- communities in every corner of our Social Security becomes available to ministration receives funding from two vast State signed a petition urging us the surviving spouse in that situation. sources: First, an annual discretionary to adopt mandatory funding for the As to the impression that the Senate, amount which remains unchanged from VA. and particularly the Armed Services year to year locked in at the funding South Dakota’s American Legion Committee, has not been very forth- level for fiscal year 2004; second, an an- CDR Wayne Vetter brought me this coming in fulfilling what each of us be- nual sum of mandatory funds. This powerful statement, and I sent a copy lieve in our hearts is that tremendous amount would adjust each year to re- to the White House. I am sorry to re- debt of gratitude to veterans and their flect changes in demand from veterans port that I have not yet heard a re- families, I suggest the record states the and the rate of health care inflation. sponse from the President or anyone in Senate has worked its job and, in con- At the end of 2 years, Congress will the White House with regard to this junction with the House, these matters be required to revisit the decision, and statement. have now become matters of statutory the GAO would study whether this sys- It is time that we recognized that guarantee. tem has functioned according to plan health care for those who return from The distinguished Democratic leader and whether the funding formula war is a cost that follows directly from has proposed an amendment which re- should be refined. Congress would then our Nation’s military operations. quires a combination of discretionary be required to update the law to reflect Ask any veteran. The burden of mili- and mandatory funding for veterans the lessons learned after 2 years of ac- tary service lives long after the pa- health care. The modification includes tual operation. rades are over and the medals and rib- a requirement for a Comptroller Gen- In effect, we would be creating a 2- bons have been stashed in a closet. eral report by January 31, 2007, on the year trial and then deciding how to re- There are no more fundamental needs funding achieved by the amendment, fine the model and move forward. for these men and women than access and provides for an expedited review of Meanwhile, every veteran who needs to quality, affordable health care. Our a joint resolution of Congress to imple- health care would receive it. President veterans once kept this country safe ment the Comptroller General’s rec- Bush’s own task force recommended and strong. Today they need a health ommendations. such a system saying: ‘‘The Federal care system to keep them strong. We The modification directs mandatory Government should provide full fund- must adequately fund the system that spending by the U.S. Treasury in the ing . . . through a mandatory funding provides that care. amount of $300 billion over 10 years. I system’’ or other modifications to the We can eliminate the annual budget want to repeat that. The modification current appropriations process. problems in Washington and create a I reemphasize, that was the Presi- directs mandatory spending—that is a system where veterans can rely on the dent’s own task force on this system. very significant legislative initiative— VA to be there when they need it. We The Committee on Veterans Affairs in by the U.S. Treasury in the amount of have done it for military retirees. We the House of Representatives offered $300 billion over the next 10 years. have done it for Social Security recipi- Every Member of the body joins with its own bipartisan endorsement of ents. We have done it for Medicare. We Leader DASCHLE in recognizing the mandatory funding earlier this year. A February 25 letter signed by Re- ought to do it for veterans. need to continue to provide adequate publican chairman Chris Smith and The debt we owe our veterans must funding for the health care of veterans Democratic ranking member Lane be something that lasts beyond the pain this country. I would point out that, Evans stated: rade, beyond the ceremonies, beyond to my knowledge, funding for veterans the 10 days of gratitude Teddy Roo- programs has increased significantly in Rather than supporting administration proposals that could reduce demand . . . and sevelt told his Rough Riders to expect. the past 3 years under the cognizance shift costs to other parts of the Federal med- The debt is unending and our willing- of the Congress. Spending for veterans ical system, the committee recommends ness to repay that debt must be health care has gone up 34 percent treating spending on veterans programs the unending as well. since the year 2001, and I believe my same as spending on Social Security and I yield the floor. colleagues Senator NICKLES and Sen- Medicare. The PRESIDING OFFICER. The Sen- ator BOND are both prepared to address Leading veterans organizations have ator from Virginia. the funding of health care for our Na- also joined in an unprecedented coali- Mr. WARNER. Mr. President, I say to tion’s veterans when they soon ap- tion to fight for health care budget re- my distinguished friend, the Demo- proach the floor to actively debate this form. The American Legion, AMVETS, cratic leader, I think the Senate Armed amendment. the Blinded Veterans, Disabled Amer- Services Committee, working in con- The Senate budget resolution in- ican Veterans, the Jewish War Vet- junction with the Senate Appropria- cludes $29.1 billion for veterans health erans, the Military Order of the Purple tions Committee in a bipartisan way, care, an increase of $1.4 billion, or 5 Heart, Paralyzed Veterans of America, over a series of years now, has ad- percent, in 2004. the Veterans of Foreign Wars, Vietnam dressed, together with the participa- In light of these increases, in this Veterans of America—they have all tion of the Committee on Veterans’ Af- Senator’s opinion, any future signifi- banded together to work toward a sys- fairs, a number of issues which have cant increases for veterans health care tem that guarantees health care for substantially improved the ability of warrant careful consideration by the our veterans. the veterans to meet their obligations Congress. Such consideration would be I believe their coalition, the Partner- to their families and to themselves for limited by this amendment, which ship for Veterans Health Care Reform, the balance of their natural lives. mandates funding based on a per capita has identified a compelling solution to For 2 consecutive years and again formula. the VA funding crisis, and I have this year, the distinguished Senator For Federal budgeting purposes, the pledged my support in making it a re- from Nevada brought forth a provision VA health system, as the DOD system, ality. South Dakota veterans associ- for concurrent receipts, which is an im- is discretionary, as juxtaposed against ated with these groups have joined in provement in the bill on that. Senator mandatory. Now that is what we are enthusiastic support. LANDRIEU, together with two other col- talking about, changing the manner in

VerDate May 21 2004 01:55 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.043 S22PT1 S7136 CONGRESSIONAL RECORD — SENATE June 22, 2004 which we have been funding veterans or the ranking member, and I can as- veterans returning from Iraq and Af- health care these many years. It seems sure my colleagues that throughout ghanistan, many of whom we have met to me the discretionary program has that timeframe VA medical care has in Walter Reed Hospital to see the care worked well. It has served the vet- been a top priority on a bipartisan they are getting in the regular mili- erans’ needs and should remain as a basis for that committee. The VA has tary hospitals. matter of law. received from that committee very But our veteran population is aging. The amendment does not create an strong support for medical care. They are going to need special long- entitlement to VA health care. It re- Since 1998, VA medical care has in- term care services not accounted for places the current system of discre- creased by $11 billion, and since 2001 it under the Daschle funding formula. tionary funding, which has no ceiling, has increased by $7.3 billion, or 34.7 Veterans in need of nursing home care with a formula-based approach which percent. That is a huge increase, and are expected to increase from some combines discretionary and mandatory we made those increases because there 640,000 to over 1 million by 2012 and re- funding. were needs. Under the appropriations main at that level until 2023. I have been informed that experts on process, we can respond to those needs. More importantly, I think the man- veterans health care believe the pro- That is why I think the Daschle datory funding option eliminates the posed formula is flawed, that it will amendment may have some question- strongest tool of the Congress, the have the effect of turning the VA able long-term implications. purse strings, to ensure accountability health care system into a kind of glori- Under the current system of discre- within the VA health care system. We fied HMO, with every incentive to en- tionary appropriations, the Congress are fortunate that the VA now has a roll the young and healthy and cut cor- has the flexibility to make the nec- very strong leader who is a great ad- ners on the care needed by the old and essary funding adjustments on an an- ministrator and who is thoroughly the sick. These incentives are contrary nual basis to respond to the chal- committed to the needs of veterans, to the commitment of this Nation to lenging health care needs of veterans Secretary Tony Principi. He has made the health care needs of our veterans. and to ensure proper accountability tremendous strides in improving the Treating the VA health care budget with the system so that veterans’ VA health care system because he de- as mandatory rather than appropriated needs are being adequately addressed. mands the VA be accountable and re- discretionary funding will hurt the Under the mandatory system pro- sponsive to the needs of veterans. Nev- ability of Congress to ensure account- posed by the Senator from South Da- ertheless, I have seen years where the ability within the system and consist- kota, there would be a fixed funding VA has not had the same kind of lead- ency of benefits throughout the coun- system based solely on enrollment lev- ership that it has under Secretary try. els and a contrived inflationary index. Principi. I believe it is necessary and The modification attempts to control Further, discretionary appropriations was necessary at previous times that the outcome of the appropriations would be capped at the 2004 appropria- Congress have the ability to ensure the process by, in effect, establishing a cap tions level for VA medical care. Let me VA system is held accountable and in the amount appropriated by Con- go back and take a look. Here is some- makes the necessary reforms so they gress in future years equal to the thing. I am reading from a chart that can provide timely, quality health care amount appropriated in fiscal year has been prepared by the Budget Com- services to our Nation’s veterans. 2004, which is $28.3 billion. It further mittee. It shows, going back to 1993, Even the President’s task force ac- yields to the Comptroller General the that in that year, for example, the Con- knowledges that providing sufficient responsibility of determining whether sumer Price Index, CPIU, hospital and funding to the VA will not by itself adequate funding for veterans is related services, was up 8.37 percent. guarantee timely access. Let me give achieved, and how to fund these pro- The CPIU medical care was up 5.97 per- an example. Over 10 years ago, we were grams in future years. cent. But VA medical care was up 9.1 able to push successfully for improve- Neither the original amendments, percent in the appropriated accounts. ments to health care access by forcing numbered 3408 or 3409, nor the modi- In other words, if we had been using ei- the VA to open more community-based fication proposed by the Senator from ther of those formulas, we would have outpatient facilities so veterans would South Dakota is relevant to the De- gotten less under the formula than we not be forced to drive hours to receive fense authorization bill. I hesitate to actually got appropriated. medical care. I know how important put that to my colleagues but it is Of the last 10 years, there were 4 that is. In my home State of Missouri clearly a fact. The only relevance is years—1996, 1997, 1998, and 1999—when some veterans would spend a whole day the unity of spirit is that of each of us the index would have provided more. driving to the veterans hospital in Co- in this chamber, and indeed I think the But overall, as I said, let’s go back to lombia, MO, or St. Louis or Kansas Congress, to share in supporting our 2002. Then the highest index on medical City. We found by adopting a system of veterans nationwide. care was 4.72 percent. The budget was community-based health care clinics These funding proposals contained in increased 7.6 percent. In 2003, the hos- we could provide the services, the pri- this amendment require the careful de- pital and related services index went mary care services, the pre-op services, liberation of Congress to the appro- up 7.36 percent, but the VA medical in a setting that was less expensive. We priate committee of jurisdiction, the care budget increases in the appropria- could take them in a hospital that is Committee on Veterans’ Affairs, prior tions bill went up 12.3 percent. That is more accessible and save much time to further action by this body. almost a 5-percent higher rate of in- and energy for the veterans, while en- I yield the floor so my colleagues can crease under the appropriations for- suring they get the health care they address the subject. mula. need. We have been able to successfully The PRESIDING OFFICER. The Sen- I think that shows the flexibility push the VA to develop a comprehen- ator from Missouri. with which the appropriations process sive capital needs assessment, known Mr. BOND. I rise in strong opposition works. But there are other things we as CARES, to realign the VA care and to the Daschle amendment. I strongly have to do in the appropriations bill. medical infrastructure so the system is share the Senator’s goal of improving First, the funding formula creates an modernized and located closer to where health care and benefits for our Na- artificially fixed level. It doesn’t re- veterans live. tion’s veterans. I think for a number of flect the unique medical care needs of Many people have fulminated against reasons this is a misguided approach veterans. The VA system was specifi- the CARES process because its purpose and will not achieve the desired goal of cally created to respond to the unique is to look at unneeded veterans facili- assuring access for all veterans. needs of veterans who suffered health ties. I have heard some statements I speak to this with a good deal of ex- problems born on the battlefield. VA that are totally unwarranted, saying perience. Currently, I am chairman of provides special services for veterans that the CARES project is going to the Appropriations VA–HUD Sub- who have been exposed to environ- take away needed facilities, needed committee. This is the committee that mental hazards or toxic substances or care for veterans. funds the VA. Since 1995, I have been in suffered spinal cord injuries or loss of To the contrary, the whole concept of the leadership as either the chairman limbs. This is especially evident in our CARES was one that we pushed in our

VerDate May 21 2004 01:55 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.046 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7137 Appropriations Committee and that funding since 2001. If the Daschle Until Senator WARNER appears, I sug- the previous administration, the Clin- amendment had been in place using the gest the absence of a quorum. ton administration, adopted. The Gen- available indexes, the likelihood would The PRESIDING OFFICER. The eral Accounting Office had found that be that there would be at least 10-per- clerk will call the roll. the VA is currently wasting $1 million cent less funding that would be going The assistant legislative clerk proper day on unneeded and empty build- to the VA as a result of the fixed man- ceeded to call the roll. ings. That comes right out of the med- datory funding system. Mr. REID. Mr. President, I ask unan- ical care budget. When you have a huge In closing, I urge my colleagues to imous consent that the order for the hospital that is 10-percent full, the oppose the Daschle amendment. Mem- quorum call be rescinded. costs are astronomical for serving that bers can oppose the Daschle amend- The PRESIDING OFFICER. Without small population. ment and be concerned about the needs objection, it is so ordered. Under the CARES process, those of veterans and help us work to make AMENDMENT NO. 3414 services will be moved to a more appro- sure veterans get the health care they (Purpose: To provide for fellowships for stu- priate structure, and the funds will need, continuing to support our efforts dents to enter Federal service, and for then be used to provide services, in the Senate, in the Appropriations other purposes) whether it is community outpatient Committee, to get the kind of funding Mr. REID. Mr. President, I ask the services or some other specific kind of we need. We have done so on a bipar- pending amendment be laid aside and I service or just putting more money tisan basis. I intend to continue to ask that amendment 3414, which is at into the medical professionals to make work to do so. the desk, be reported. I offer the sure the veterans get the health care However, we are going to have to amendment on behalf of Senator they deserve. have the flexibility to make sure we AKAKA. The GAO had found that more than hold the VA accountable, to make sure The PRESIDING OFFICER. Without 25 percent of veterans enrolled in VA they provide the services, and that objection, it is so ordered. health care, over 1.7 million veterans, they make the changes necessary. The clerk will report the amendment. live over 60 minutes driving time from Funding is critical. I certainly agree The assistant legislative clerk read a VA hospital. Under the Daschle sys- with that. I am proud to say we have as follows: tem, Congress would no longer have succeeded in providing that funding The Senator from Nevada [Mr. REID], for the ability to force the VA to make the over the past several years. Funding, Mr. AKAKA, proposes an amendment num- reforms necessary, as outlined under however, is not the sole antidote for bered 3414. its CARES program, to improve care the problems addressing the VA health Mr. REID. Mr. President, I ask unan- and access for our veterans. Instead, care needs. We must ensure that the imous consent that the reading of the the system could build in waste and VA system remains responsive and ac- amendment be dispensed with. failure to be responsive to the needs of countable to our veterans. The PRESIDING OFFICER. Without those who are supposed to benefit from I fear adoption of an amendment objection, it is so ordered. the system. such as this would be an empty prom- (The amendment is printed in today’s The third problem with the amend- ise to our Nation’s veterans who have RECORD under ‘‘Text of Amendments.) ment is that the VA cannot spend all of special needs and demand a health care Mr. REID. I ask unanimous consent the additional funds contemplated in system that is accountable and respon- the amendment be laid aside. the Daschle amendment due to infra- sive to their needs. Our system of The PRESIDING OFFICER. Without structure and hiring concerns. The VA checks and balances has played a crit- objection, it is so ordered. has an outdated and aging infrastruc- ical role in transforming the VA health AMENDMENT NO. 3387 ture. That is why we are pushing the care system which is now underway to Mr. REID. I ask that amendment 3387 CARES program. In many cases, VA ensuring that we will be able to meet on behalf of Senator LEAHY be re- does not have the space to accommo- the health care needs of veterans well ported. date the needs of patients and health into the 21st century. The PRESIDING OFFICER. Without care workers. We need to make sure The Daschle amendment signifi- objection, it is so ordered. that money is funneled into providing cantly reduces the role of Congress in The clerk will report the amendment. those facilities to meet the current and ensuring improvements in reforms to The legislative clerk read as follows: future needs of veterans rather than the VA health care system so it is The Senator from Nevada [Mr. REID], for the facilities designed to meet the more accountable to the needs of the Mr. LEAHY, proposes an amendment num- needs of veterans 40 years ago when veterans. By capping the discretionary bered 3387. their needs were very different and amount of appropriations at the 2004 Mr. REID. Mr. President, I ask unan- their locations were very different. level, our hands would be tied in mak- imous consent that the reading of the In some hospitals, patients are forced ing adjustments to the funding needs of amendment be dispensed with. to wait in hallways because of the lack our veterans. This is especially dan- The PRESIDING OFFICER. Without of waiting area space. As mentioned gerous considering the hundreds of objection, it is so ordered. earlier, CARES will address these in- thousands of troops currently deployed The amendment is as follows: frastructure needs, but it is going to across the globe fighting the war on At the appropriate place in the bill, insert take years to implement fully the terror and in Iraq. I strongly believe in the following: CARES restructuring process. Further, putting the needs of veterans first. TREATMENT OF FOREIGN PRISONERS many of my colleagues know that Those needs are not best served by SEC.. POLICY.—(a)(1) It is the policy of there is a severe nursing shortage in these amendments which would, in my the United States to treat all foreign persons this country. In some facilities, the VA opinion, based on my experience work- captured, detained, interned or otherwise is having a difficult time retaining and ing with the system, hurt our ability to held in the custody of the United States recruiting qualified nurses. The VA is meet that goal. That is why I close by (hereinafter ‘‘prisoners’’) humanely and in urging my colleagues not to support accordance with standards that the United also seeking physician pay reform leg- States would consider legal if perpetrated by islation because it is currently re- the amendment by the Senator from the enemy against an American prisoner. stricted in what it can pay for doctors, South Dakota. (2) It is the policy of the United States which hurts the VA’s ability to recruit The PRESIDING OFFICER. The Sen- that all officials of the United States are and pay doctors. Those are aspects on ator from Nevada. bound both in wartime and in peacetime by which we have to continue to work. Mr. REID. Mr. President, we are the legal prohibition against torture, cruel, Last, the Daschle amendment im- ready to vote. It is my understanding inhuman or degrading treatment. poses a set ceiling on VA health fund- the leader wanted to have some votes (3) If there is any doubt as to whether pris- ing as opposed to the current system today. We are ready to vote. oners are entitled to the protections afforded It is my further understanding after by the Geneva Conventions, such prisoners which has no ceiling and allows Con- shall enjoy the protections of the Geneva gress to provide more funding as nec- the next vote in relation to the Defense Conventions until such time as their status essary. bill now before the Senate, he wanted can be determined pursuant to the proce- As I said at the outset, we provided a some votes on judges. We are ready to dures authorized by Army Regulation 190–8, 34.7-percent increase in VA health care do that. Section 1–6.

VerDate May 21 2004 01:55 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.049 S22PT1 S7138 CONGRESSIONAL RECORD — SENATE June 22, 2004 (4) It is the policy of the United States to January 20, 2001, to the present, and in the opportunity to dispose of these amend- expeditiously prosecute cases of terrorism or possession of the Department of Justice, de- ments. How ironic it is that we are the other criminal acts alleged to have been scribing, referring or relating to the treat- ones who appear to want to finish, and committed by prisoners in the custody of the ment or interrogation of prisoners of war, certainly our manager wants to finish, United States Armed Forces at Guantanamo enemy combatants, and individuals held in Bay, Cuba, in order to avoid the indefinite the custody or under the physical control of but there are those on the other side, detention of prisoners, which is contrary to the United States Government or an agent of for whatever reason, who are unwilling, the legal principles and security interests of the United States Government in connection reluctant to allow us the votes that are the United States. with investigations or interrogations by the pending on the amendments that have (b) REPORTING.—The Department of De- military, the Central Intelligence Agency, now been laid down. fense shall submit to the appropriate con- intelligence, antiterrorist or counter- I urge reconsideration of that point gressional committees: terrorist offices in other agencies, or cooper- of view at this point. It is counter- (1) A quarterly report providing the num- ating governments, and the agents or con- productive. It says all the wrong things tractors of such agencies or governments. ber of prisoners who were denied Prisoner of about the desire to complete our work War (POW) status under the Geneva Conven- Mr. REID. I suggest the absence of a tions and the basis for denying POW status before the end of this week with all we quorum. have to do. I urge my colleagues to do to each such prisoner. The PRESIDING OFFICER. The (2) A report setting forth: (A) the proposed that. clerk will call the roll. I yield the floor. schedule for military commissions to be held The assistant legislative clerk pro- at Guantanamo Bay, Cuba; and (B) the num- The PRESIDING OFFICER. The Sen- ber of individuals currently held at Guanta- ceeded to call the roll. ator from Virginia. namo Bay, Cuba, the number of such individ- Mr. DASCHLE. Mr. President, I ask Mr. WARNER. Mr. President, I must uals who are unlikely to face a military unanimous consent that the order for respectfully say to my good friend, the commission in the next six months, and the the quorum call be rescinded. Democratic leader, that I have to take The PRESIDING OFFICER. Without reason(s) for not bringing such individuals a different view with regard to the sit- before a military commission. objection, it is so ordered. uation on Senator KERRY. I listened to, (3) All International Committee of the Red Mr. DASCHLE. Mr. President, we I thought, most of the conversations, Cross reports, completed prior to the enact- will have a period for consideration of and I do not feel that is the situation. ment of this Act, concerning the treatment the bill for the purpose of debate only. of prisoners in United States custody at I have tried, and I propose trust in our No amendments will be offered until Guantanamo Bay, Cuba, Iraq, and Afghani- colleagues on the other side. we clarify how we might resolve our stan. Such ICRC reports should be provided, I say I was negligent in allowing the parliamentary situation. in classified form, not later than 15 days first-degree amendment to come up I have to say our distinguished chair- after enactment of this Act. and be second degreed. I felt it was an- (4) A report setting forth all prisoner inter- man has done an outstanding job in other first-degree amendment being of- rogation techniques approved by officials of getting us to this point, as has our fered. It was not announced as a sec- the United States. ranking member. I am very concerned ond-degree amendment. I tried to (c) ANNUAL TRAINING REQUIREMENT.—The that as close as we are to completion, interject, but the parliamentary situa- Department of Defense shall certify that all we have not been able now to move for- federal employees and civilian contractors tion did not allow me to get a quorum ward. We have only had two votes on engaged in the handling and/or interrogating call in to ascertain the situation. this bill so far today. It is now 4 of prisoners have fulfilled an annual training What is past is past. But I do not o’clock. I have laid down an amend- requirement on the laws of war, the Geneva want it to stand that on this side of the Conventions and the obligations of the ment. I am willing to do a side-by-side, aisle I see a lot of attempt to block, United States under international humani- if necessary. We have other legislation whether it is KERRY or anybody else, tarian law. pending. from making votes here. AMENDMENT NO. 3469 I was told we cannot have a vote on The PRESIDING OFFICER. The my amendment because the Senator Mr. REID. Mr. President, I send an Democratic leader. amendment to the desk in relation to from Massachusetts, Mr. KERRY, is in Mr. DASCHLE. Mr. President, I am that amendment. town, and we cannot allow him to para- not sure to which second-degree Mr. WARNER. Can I ask, is this a chute down and have a vote. I think amendment the distinguished chair- modification to the Leahy amendment? that is very unfortunate. He is here to man is referring. Mr. REID. Yes. vote, and I would think we would ac- Mr. WARNER. It was a Leahy amend- Mr. WARNER. I have to interpose an cord every Senator the right and opment. objection. portunity to vote on this amendment Mr. DASCHLE. If we can get a vote, Mr. REID. There is no objection in and whatever other pending legisla- we can certainly accommodate the order. tion. Senator from Virginia. All we are look- Mr. WARNER. Fine; I understand. We can finish this bill. We have al- ing for is a vote. It does not have to be Mr. REID. Is there? ready agreed under unanimous consent on this particular amendment. If he Mr. WARNER. I suggest the absence to finish this bill for debate purposes wants to offer a second-degree amend- of a quorum. by the end of the day. All we have left ment, we are certainly willing to look Mr. REID. The amendment has to be are whatever amendments are going to at ways with which to accommodate reported first. be offered between now and 6:30 p.m. the majority in that regard. But a vote The PRESIDING OFFICER. The We are so close. I only hope we con- is important. It is relevant, of course. clerk will report the amendment. sider the admonition of both of our It ought to be offered. The legislative clerk read as follows: managers, that we work together as we As to the Kerry matter, I do not The Senator from Nevada [Mr. REID] pro- have for the last many days now to know if the distinguished chairman poses an amendment numbered 3469 to complete our work. heard—he was standing here—Senator amendment No. 3387. Let’s have a vote on the veterans FRIST noted to me as he was standing The amendment is as follows: amendment, let’s have a vote on the here that he did not want to accord (Purpose: To direct the Attorney General to other pending legislation, and let’s Senator KERRY the opportunity to vote submit to the Committee on the Judiciary move forward with these amendments today, knowing, of course, Senator of the Senate all documents in the posses- in the same good faith we have dem- KERRY was here today. sion of the Department of Justice relating onstrated to date. We could have been We can work through these issues if to the treatment and interrogation of indi- far more confrontational with regard we can demonstrate a little more pa- viduals held in the custody of the United to unrelated amendments. We have not States) tience and a little more good will, and done that. At the urging of Democratic At the appropriate place, insert the fol- we can get the job done. lowing: leadership, we have withheld many of Mr. REID. Mr. President, will the those amendments. I hope we would SEC. ll. REQUEST FOR DOCUMENTS AND leader yield for a question? RECORDS. show the same good faith as we com- Mr. DASCHLE. I will be happy to The Attorney General shall submit to the plete this bill. yield. Committee on the Judiciary of the Senate Senator KERRY ought to have a Mr. REID. In years past, when Sen- all documents and records produced from chance to vote. There ought to be an ator Dole was running for President,

VerDate May 21 2004 05:07 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.017 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7139 when he was still here, we went out of I get the feeling, in talking to the and send for me when I am ready to our way to make sure Senator Dole had Senators who were representing the make my contribution, but at this the opportunity to do whatever he majority, that simply because we were time I have no other colleagues on the wanted to do. If he wanted to vote on going to require a vote on this there floor so I am just going to remain. I one, two, three, or four items, we made would not be any more movement on suggest we just go ahead and debate sure he had that same opportunity. It this bill, and that is not productive. So those matters at the desk. was the same with Senator MCCAIN my point is the offer is still there. The Mr. REID. I suggest the absence of a when he was running. We went out of Senator from Virginia should under- quorum. our way to make sure when they were stand that I would be willing to with- The PRESIDING OFFICER (Mr. here they were protected. draw the second-degree amendment CHAFEE). The clerk will call the roll. Will the distinguished Democratic that is in my name but the Senator The legislative clerk proceeded to leader agree this is somewhat unusual should understand that it will recur at call the roll. that Senator KERRY, who feels this vet- some subsequent time. Mr. REID. Mr. President, I ask unan- erans amendment is important—he is a Under the rules, there is no way it imous consent that the order for the distinguished, decorated veteran. He can be stopped, and even though the quorum call be rescinded. feels he should be here to vote on the Senator was not aware of my offering The PRESIDING OFFICER. Without amendment. Isn’t that somewhat un- the second-degree amendment, and I objection, it is so ordered. usual? told him in privacy why I did this—I Mr. REID. Mr. President, the amend- Mr. DASCHLE. First of all, I share did not hide anything about why I did ment I offered dealing with a request the recollection of the distinguished it when I did it, and I have no reserva- for documents and records basically assistant Democratic leader. Yes, we tion about having done it—perhaps says: did accommodate those who had to having disappointed the Senator from The Attorney General shall submit to the travel for purposes of national cam- Virginia I would be happy to withdraw Committee on the Judiciary of the Senate all documents and records produced from paigns in past elections. One would that, recognizing that at some subse- January 20, 2001, to the present, and in pos- think we would do so in this case. We quent time we are going to have a vote session of the Department of Justice, de- are trying to govern. We have the cam- on it. The best way to do it would be to scribing, referring or relating to the treat- paigns to run. One would hope we could acknowledge at this time that there ment or interrogation of prisoners of war, keep the campaigns off the Senate would be a vote on it and have a vote enemy combatants, and individuals held in floor. on whatever the Senator might want to the custody or under the physical control of It is ironic that some in the majority do, if he decides to second-degree the the United States Government or an agent of who have been pressing to get this leg- Leahy amendment and have the Leahy the United States Government in connection with investigations or interrogations by the islation done now keep us from getting first degree and second degree voted military, the Central Intelligence Agency, it done for that reason. We have wasted on, because that is ultimately what intelligence, antiterrorist or a couple of hours here. We could have will happen if we are ever going to fin- counterterrorist offices in other agencies, or finished this amendment and moved ish this bill, unless cloture is invoked. cooperating governments, and the agents or on. I think everybody agrees we need So I would like a comment from the contractors of such agencies or governments. to finish this legislation. No one has distinguished chairman as to whether Because of my longstanding work worked harder at it than the distin- he would want me to do that. with the Senator from Virginia—I guished chairman. But now we are Mr. WARNER. At this point in time I started out as a new Senator on the being told we cannot do that. I did not think we better go back to the original Environment and Public Works Com- know it was finished unless it involves posture of the agreement we reached mittee and he was the chairman of the giving Senator KERRY a chance to vote. that we would at this point in time subcommittee there and he always It is not the right thing to do. We know this afternoon just continue debate on looked after me and extended to me that. matters pending at the desk. more courtesies than probably he I hope we come to our senses and get Mr. REID. I want the Record to be should have, and all my dealings with on with getting the business of the clearly spread with the fact that if the the Senator from Virginia have been Senate done. Senator from Virginia feels that I mis- most courteous; I think he is really a Mr. WARNER. Mr. President, before led, deceived, or tricked him in any gentleman and I know he is too proud this colloquy started—I think we have way that I will withdraw my amend- to say that he wants me to withdraw pretty much completed it, and we have ment. So the Senator understands this—and because he has not asked me different perspectives—we encouraged that. to withdraw it because I think down those Senators to come up and debate Mr. WARNER. I do not wish to use deep he thinks that I perhaps did some- those amendments which are at the any of those words. All I recall very thing I should not have done, I do not desk so we could have debate on them, clearly when I quickly came on the want anything to occur—I am doing but no further amendments in the first floor, the Senator had the floor, Sen- this as a personal thing between the and second degree would be sent to the ator BOND had yielded the floor to the Senator from Virginia and the Senator desk. I think that is a gentleman’s un- Senator from Nevada—I thought he from Nevada, but of course, as I indi- derstanding. was managing—and the Senator from cated, I or somebody else will offer this The PRESIDING OFFICER. The as- Nevada said he wanted to send up at some subsequent time. sistant Democratic leader. amendments on behalf of Senators AMENDMENT NO. 3469 WITHDRAWN Mr. REID. Mr. President, one of the AKAKA and LEAHY. I said, fine, that is Mr. REID. I ask unanimous consent points I am disappointed in and con- within the rules, and that the Senator that amendment No. 3469 be with- cerned about is I do not want the Sen- did but he did not indicate that there drawn. ator from Virginia—he and I have would be a third amendment in the na- The PRESIDING OFFICER. Is there worked together for two decades—I do ture of— objection? not want the Senator from Virginia to Mr. REID. So all the Senator has to Without objection, it is so ordered. think in any way that I tricked him or do is say he wants me to withdraw my The Senator from Virginia. misled him or deceived him. That is second-degree amendment and I will be Mr. WARNER. I understand there is a why during the time we were here to- happy to do that, recognizing that if I general agreement that we will at this gether I said I would be willing to with- do not offer it somebody else will at point in time not be sending any addi- draw the second-degree amendment. some subsequent time. tional amendments to the desk, but The Senator from Virginia must un- Mr. WARNER. I understand clearly Senators will debate those that are derstand that the amendment will the Senator has the same rights as all pending and debate those that may be come up again because we have a right Senators as it relates to this amend- offered at some point during the course to offer that amendment, and whether ment, but at this point in time our side of the day. it is offered by me, Senator LEAHY, or is trying to deliberate the posture we Am I not correct on that? by whomever, it will be offered at some are in and I am going to have to re- Mr. REID. Of course, this agreement subsequent time. main on the floor. Others will come would only go until 6:20.

VerDate May 21 2004 01:55 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.055 S22PT1 S7140 CONGRESSIONAL RECORD — SENATE June 22, 2004 Mr. WARNER. That is understood. that he might support in terms of the West Virginia, Mr. BYRD, be added as a I ask unanimous consent that be- treatment of prisoners. cosponsor to this amendment. tween now and the hour of 6:20, the That concept runs counter to the The PRESIDING OFFICER. Without Senate proceed to allow Senators to view of 500 constitutional lawyers who objection, it is so ordered. speak for up to, say, 15 minutes with issued a press release raising very seri- Mr. KENNEDY. Mr. President, on regard to pending amendments or ous constitutional issues and ques- June 30, sovereignty in Iraq will be amendments that they may intend to tions. transferred to the interim government. offer. What the Judiciary Committee has For the sake of the Iraqi people and Mr. LEVIN. Reserving the right to been attempting to do is to review the our nearly 140,000 troops in Iraq, we all object, I assume that if we can work various recommendations that have hope that the interim government will something out and amendments can be been developed by the Justice Depart- succeed, that its appointment begins a disposed of between now and 6:20, that ment and the other agencies. It has new stage in Iraq in which the security would then be accomplished. been an interagency effort. This is not situation will improve at long last for Mr. WARNER. We will take each one just the Justice Department advising our troops, and that we will no longer and examine it on its own individual the President on a matter of an Execu- see a continuation of the administra- basis. tive order. As a matter of fact, it was tion’s flawed policy that has generated The PRESIDING OFFICER. Is there very clear during the hearing of the Ju- so much turmoil in the past year and an objection? Without objection, it is diciary Committee that the Attorney so many casualties for our forces. so ordered. General did not claim executive privi- Unfortunately, the violence con- The Senator from Massachusetts. lege. But there was the incident where tinues. Twenty-two American soldiers Mr. KENNEDY. Mr. President, I have the Attorney General said that even have been killed in the 22 days since an amendment that is just listed in the though he is not claiming executive the announcement of the interim gov- understanding on Iraq. I have talked privilege, and even though he is not ernment. More than 450 American sol- both with the chairman of the com- quoting a statute that might make him diers have been wounded in that period. Even with the transfer of sovereignty mittee and the ranking member of the exempt from making these documents and the recent United Nations resolu- committee, and I was prepared to offer available, he still was refusing to make tion on the Iraqi transition, the key it and debate it during the course of them available. the afternoon and to indicate a willing- We had a brief discussion during the question is, when will the violence ness to enter into a time agreement. It course of the committee hearing as to stop? When will the international com- is a very important amendment. I will whether that was contempt of Con- munity join us in securing and recon- structing Iraq? Or will the bulls-eye re- be glad to follow what the arrange- gress. We are not trying to get into main on the back of every member of ments are between the chairman of our that whole situation. We are just try- committee and the ranking member of our armed forces in Iraq? ing to find out what these documents The amendment I am offering today the committee as a way to proceed. It said in the interagency agreements with Senators LEVIN, BYRD, LEAHY, is somewhat difficult with an amend- that were being developed. DAYTON, and FEINGOLD seeks answers ment of this kind of importance to Now we are told this afternoon that have only 15 minutes and others come to these questions. approximately 3 of the documents of Our amendment requires the Presi- during that 15 minutes. I guess we will the 23 that were actually requested are dent to tell the American people get a chance to develop it further, but available to the committee. Two of whether or when the administration’s I want to speak to the amendment now those are already on the Internet. policy will bring more international and then follow the recommendations This is a matter of enormous impor- troops, police, and resources to Iraq. of the floor managers as to when we tance and consequence. The American That’s what we owe to our forces. will come back and either debate this people see on television and hear on That’s what we owe to their families. or work out a suitable time, because it the radio and read in the newspapers And that’s what we owe to the Amer- is an important amendment. about prison policy over there. We have ican people. I will take a moment of the Senate’s recommendations made by the Justice The amendment requires the Presi- time to express, quite frankly, my ap- Department, and there is a refusal to dent to submit a report to Congress on preciation to the Senator from Nevada cooperate with the Congress. It is en- the administration’s plan for the secu- in offering the amendment that he had, tirely appropriate that this institution rity and reconstruction of Iraq no later which he did a few moments ago as a have access to that material. That was than 30 days after the date of enact- member of the Judiciary Committee. the purpose of the amendment that was ment of the bill. We know there are four committees offered by the Senator from Nevada. It The report must address whether and which are in one way or another look- was entirely appropriate. I find it very when the administration’s strategy of ing at the prisoner abuse scandal and necessary. There are many important working with the United Nations and tragedy. We have the Intelligence Com- matters in this Defense authorization other nations will bring more inter- mittee that is looking at it. They are bill. But it certainly seems this is a national troops, police, and resources very much tied up with the 9/11 Com- matter of very important consequence. to Iraq and provide relief to the men mission that has made its report. We I believe the amendment still has and women of our armed forces. It had the Foreign Relations Committee great importance and relevance. I must assess the administration’s strat- that had not had hearings on it. We think the Senate ought to know what egy for strengthening the Iraqi police have the Armed Services Committee the Senator from Nevada was involved and military, its reconstruction ef- under the leadership of Senator WAR- in is not only an honorable position forts, and its progress toward demo- NER, which has done a first rate job but also a necessary one. But as he cratic elections. And it must provide trying to work through this whole di- pointed out, we are now trying to move an estimate—an estimate—of the num- lemma. He is recognized by the mem- the process forward in terms of the De- ber of American troops we anticipate bers of the committee, and by others, fense authorization bill. will be in Iraq at the end of next year. as someone who has worked toward I ask if I can have the full amount of Two subsequent reports will provide trying to find the facts on this situa- time now to address the substance. Do updated assessments—one 6 months tion. And there is the Judiciary Com- I understand we have 15 minutes? after the bill becomes law and the mittee. We have seen in the published Could I ask for 15 minutes? I ask con- other just before the end of 2005. reports a number of memoranda were sent for that. This week, President Bush will travel developed by the Justice Department The PRESIDING OFFICER. The Sen- to Ireland for a summit between the as to the responsibility that the Execu- ator is entitled to 15 minutes. United States and the member nations tive has under these circumstances of AMENDMENT NO. 3377 of the European Union. He will also at- recommending, roughly, under his abil- Mr. KENNEDY. I thank the Chair. tend a NATO summit in Istanbul. We ity as Commander in Chief, that he Mr. President, at an appropriate time I all hope he will succeed in persuading may very well be immune from any will call up amendment No. 3377. I ask the international community to join us kind of rules, regulations, or orders unanimous consent the Senator from in a more significant way in Iraq.

VerDate May 21 2004 01:55 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.057 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7141 Unfortunately, the likelihood of that The Army is now under a stop-loss results? Are more nations sending happening—even with the transfer of order that prevents troops from leaving troops, police, and resources? When sovereignty and a new UN resolution— active duty while deployed to Iraq, and will the American face be taken off the is far from clear. At best, the adminis- for another 90 days after returning to occupying force? When will Iraq be tration now expects that our allies in their home bases. more secure? When will more American Iraq will not withdraw any of their cur- The average tour of duty for a reserv- soldiers return home? How long, and rent troops from the coalition. ist recalled to active duty is now 320 how heavy will the burden be? Will the On June 7, just a day before the UN days—ten months. According to the President obtain additional foreign approved the resolution supporting the Department of Defense, the average commitments for troops and resources interim government in Iraq National tour of duty for a reservist during the at the Summits with the European Security Advisor Rice said: first Gulf war was 156 days. In the de- Union and NATO in the coming days or I don’t expect that there will be a large in- ployments in Bosnia, and Kosovo, it will he return empty-handed once fusion of more foreign forces. In fact, I think was 200 days. again? that what you will see, is that some of the An Army brigade commander re- The American people and our soldiers countries that have had particularly difficult cently spoke about the exasperation of serving in Iraq deserve to know the re- situations, some of our coalition partners, our soldiers: ‘‘A soldier just said to me, sults of the administration’s efforts to will find this resolution makes them capable ‘what happened to the volunteer force? work with the international commu- of staying the course. This is a draft.’’’ nity. On June 10, after the G–8 Summit, Others in the military leadership All we are asking in this amendment President Bush said that he didn’t: have spoken out on the strain on the is a progress report from the President . . . expect more troops from NATO to be military. on the administration’s efforts to work offered up. That’s an unrealistic expectation. On January 21, LTG James R. with the international community. All nobody is suggesting that. Helmly, head of the Army Reserves, we are asking is how many troops we Those were his words. discussed the effect on reservists. He expect to have in Iraq in coming On June 13, Secretary of State Pow- said, ‘‘the 205,000 soldier force must months. ell said the same thing: guard against a potential crisis in its Given the high stakes, the President We’re not expecting major additional con- ability to retain troops.’’ He said that should provide the information. Our tributions of troops from our NATO allies be- serious problems are being masked troops deserve it, America deserves it, yond the 16 nations that are already in- temporarily because reservists are and the Iraqi people deserve it. volved. barred from leaving the military. I will mention past precedent for this The message from the administration The same day, LTG John Riggs also proposal because we will hear from is loud and clear: We’ll stay the course, spoke of the strain. He said, ‘‘I have those opposed to it that we do not real- but we don’t expect any more inter- been in the Army 39 years, and I’ve ly have as much time as we should, 30 national troops. America will continue never seen the Army as stretched in days after the bill is passed. We are to be the only major military presence that 39 years as I have today.’’ going to be, hopefully, concluding this on the ground in Iraq. On February 5, GEN Peter bill. It will take the better part of the American soldiers have been bearing Schoomaker, the Army Chief of Staff month prior to the time we recess for a grossly disproportionate share of the said, ‘‘There is no question that the the August break to be able to con- burden for far too long. Army is stressed.’’ clude, I expect, the conference. The No policy in Iraq can be considered effec- On June 2, GEN Franklin L. President may sign that then. tive if it fails to bring in the international Hagenbeck, the Army’s deputy chief of The PRESIDING OFFICER. The Sen- community in a way that reduces the burden staff in charge of human resources and ator has spoken for 15 minutes. on our men and women in uniform, and takes personnel, said that the Army is Mr. KENNEDY. Can I get 5 more the American face off the military occupa- ‘‘stretched.’’ minutes? tion in Iraq. These are the cold, hard facts. They The PRESIDING OFFICER. Without As General Abizaid told the Armed cannot be glossed over. If we continue objection, it is so ordered. Services Committee on May 19—there to go it alone, the mission is impos- Mr. KENNEDY. I understand the Sen- are not enough troops from other na- sible. The need is urgent to bring in the ator from Vermont is eager to talk. I tions in Iraq. The ‘‘effort needs to be international community in Iraq in a will conclude and come back to this, if not just American, but it needs to be major way. It may well be that only a I can have 4 more minutes to conclude. international.’’ new President in the White House will I draw the attention of Members to The administration had a brilliant be able to persuade other nations to the precedence in 1995; the Defense au- plan to win the war, but it had no plan trust us enough to participate in the thorization bill required assessing the to win the peace. That failure has been difficult and dangerous mission. implication of the U.S. military readi- putting a severe strain on our military In fact, the need for international ness, the participation of ground forces and their loved ones left behind in participation was abundantly clear be- in Bosnia. It had to include 11 esti- America. fore we went to war. As former Sec- mates of the total number of forces re- Mr. President, 830 American soldiers retary of State James Baker wrote on quired to carry out the operation, esti- have paid the ultimate price in Iraq. August 25, 2002, ‘‘The costs in all areas mates of the duration of the operation, More than 5,130 soldiers have been will be much greater, as will the polit- estimates of the cost, and how many sounded. ical risks, both domestic and inter- Reserve units would be necessary for America has nearly 90 percent of the national, if we end up going it alone, or the operation. This was true in 1997; troops on the ground, and more than 95 with only one or two other countries.’’ this was true in 1998; it was true in percent of the killed and wounded have Last July, by the unanimous vote of 97–0, 1999. There are all kinds of precedents been Americans. the Senate approved an amendment urging for this. The war is now costing us $4.7 billion the President to consider requesting for- We are entitled to this information. every month. mally and expeditiously that NATO organize This amendment will make sure we In fact, the burden on U.S. troops has a force for deployment in post-war Iraq simi- will be able to receive it. been increasing, since first Spain, then lar to the NATO forces in Afghanistan, Bos- I yield the floor. nia and Kosovo. Honduras, Nicaragua, and El Salvador We also asked the President to consider The PRESIDING OFFICER. The Sen- pulled their troops out of Iraq. calling on the United Nations to urge its ator from Vermont. More than a quarter of the current member states to provide military forces and Mr. LEAHY. Mr. President, I will say forces in Iraq are reservists, as are civilian police to promote stability and secu- that I agree with the second-degree nearly half the current forces in Ku- rity in Iraq, and provide resources to help re- amendment the Senator from Massa- wait. Eighteen percent of our active build and administer Iraq. chusetts has temporarily withdrawn. duty Army is serving in Iraq, and 16 of President Bush says that the admin- Obviously it will be reoffered. The rea- our 33 combat brigades are serving istration is working with the inter- son I agree, Congress not only has done there. national community. But what are the a very poor job of oversight; with some

VerDate May 21 2004 01:55 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.020 S22PT1 S7142 CONGRESSIONAL RECORD — SENATE June 22, 2004 exceptions, the administration has Mr. LEAHY. Mr. President, I would reputation of being honest, of being a taken advantage of that and made it a agree with the Senator from Massachu- democratic nation, of admitting our practice to deny oversight cooperation setts, it is time to level with the Amer- mistakes, and, of course, of being proud to Congress. ican people. We tried to subpoena these of those things we have accomplished The stonewalling in the prison abuse records last week. We were rebuffed on that we can be so proud of. If we want scandal has been building to a crisis a party-line vote, with many on the to maintain that credibility, get it all point. Today, finally, after huge pres- other side saying: But they are going out. sure, the White House has released a to be forthcoming. We now get 3 out of The Senator from Massachusetts said small subset of the documents that 23 documents, 2 of which were already that in our system, nobody is above the offer glimpses into the genesis of this on the Internet. law. I thank God that is so, that the scandal. All should have been provided When are they going to be forth- Founders of this country were wise earlier to Congress. We know a lot has coming? We want to understand what enough to set in place a system where been held back, and remains hidden happened. As I said, if you are going to nobody—nobody—was above the law. from public view. get to the bottom of what happened, We have demonstrated this over and While this is a self-serving selection you have to start at the top. President over again throughout our history as a on the part of the administration, it is Bush has said he wants to get to the nation. Anybody who has tried to step at least a beginning, a tiny beginning, bottom of this. I agree with him, but I above it, the checks and balances stop a tiny baby step. But if we want the think we have to start at the top to that. Judiciary Committee and the Senate to find out what happened there. And sim- What the administration can do is so find the whole truth, we will need ply prosecuting some corporals and ser- easy: Answer the questions. The Attor- much more cooperation and extensive geants and privates does not get to the ney General refused to answer our hearings. bottom of what happened. questions. But he did not do it on the The documents released today raise Mr. KENNEDY. Finally, if the Sen- basis of any of the very limited reasons more questions than they answer. I ator will yield, I remember our ranking that a question might be refused—ei- will give some examples, speaking now member being at that hearing. The At- ther because the information being of the documents released today. torney General was asked whether he sought is classified, which requires us The White House released only 3 of was asserting executive privilege, and to go into closed session, or because the 23 documents that members of the he said no. Then it was pointed out by the President has asserted executive Senate Judiciary Committee requested members that there are times when the privilege, which the President did not and tried to subpoena last week. In Attorney General does not have to re- in this case. having released only 3 of the 23 we spond because it is spelled out in stat- They have sent up 3 of the 23 items asked for, I point out that 2 of the 3 ute that he does not have to respond. we requested. Two of the 3 items were were already available on the Internet. But that was not the case. So it is a already on the Internet. But at least Where are the other 20 documents we circumstance that the Attorney Gen- we are one item forward. Let’s get the asked for? They have given us one that eral of the United States felt he would rest of the information and documents was not already on the Internet. Where not respond to these requests on the up here, and then let the Senate do are the other 20? what it should do: Let the various com- The White House released a Presi- basis of his own actions. mittees actually ask questions and dential memorandum dated February 7, Would the Senator not agree with me seek answers. 2002, directing that al-Qaida and that there is no one who is above the Mr. President, I see my good friend Taliban detainees be treated hu- law in the system of jurisprudence in from Pennsylvania on the floor seeking manely. Did the President sign any di- the United States of America? The con- recognition, so I yield the floor. rective regarding the treatment or in- tinued unwillingness to provide these documents is certainly going to pro- The PRESIDING OFFICER. The Sen- terrogation of detainees after February ator from Pennsylvania. 7, 2002, more than 2 years ago? More long the agony of the administration in terms of its willingness to cooperate Mr. SPECTER. Mr. President, in the specifically, did the President sign any absence of any other Senator seeking directive after the United States in- with the committee. And would he not agree with me it is better to get that recognition on the pending legislation, vaded Iraq in March of 2003? I ask unanimous consent that I may The latest document released by the material here and get the instance be- speak up to 10 minutes as in morning White House is dated April 16th, 2003. hind us? business. Why is that, when many of the worst I remember—if the Senator will permit me to continue—I had the good op- The PRESIDING OFFICER. Without abuses that we know of occurred objection, it is so ordered. months later, in the fall of 2003. Why portunity to meet the new President of Iraq. I asked him about the prison (The remarks of Mr. SPECTER are has the White House stopped with printed in today’s RECORD under memoranda produced in April 2003? scandal. I asked: What can the United States do in order to deal with this ‘‘Morning Business.’’) I live on the side of a mountain in Mr. SPECTER. I thank the Chair and issue? He said: It is very clear. You Vermont. I know that water flows yield the floor. downhill, but so does Government pol- have to complete the investigation for Mr. WARNER. I suggest the absence icy. Somewhere in the upper reaches of which your country is noted. You have of a quorum. this administration a process was set to complete the review and hold those The PRESIDING OFFICER. The in motion that seeped forward until it accountable who are responsible. When clerk will call the roll. produced a scandal. that happens, Iraqis will take a new The assistant legislative clerk pro- All of us want to put the scandal be- look at this country. ceeded to call the roll. hind us, but to do that we have to Would the Senator not agree with me Mr. SCHUMER. Mr. President, I ask know what happened. And we cannot that was good guidance and good ad- unanimous consent that the order for get to the bottom of this until there is vice, and that it ought to be followed, the quorum call be rescinded. a clear picture of what happened at the and that it is going to be impossible to The PRESIDING OFFICER. Without top. We need to keep the pressure on follow as long as they refuse to cooper- objection, it is so ordered. until we get honesty and answers. So I ate with the committee? Mr. SCHUMER. Mr. President, I ask will support Senator KENNEDY’s sec- Mr. LEAHY. Mr. President, the Sen- unanimous consent to address the Sen- ond-degree amendment when it is of- ator from Massachusetts is absolutely ate for 5 minutes. fered. right. I also had the good fortune to The PRESIDING OFFICER. Without Mr. KENNEDY. Mr. President, will meet with the new interim President of objection, it is so ordered. the Senator yield? Iraq. I actually asked him a similar Mr. SCHUMER. Mr. President, I join Mr. LEAHY. Yes. question, and what the Senator from my colleague and ranking member on Mr. KENNEDY. Would the Senator Massachusetts says is absolutely so. He the Judiciary Committee, the Senator agree with me it is time for the admin- said: Get it all out. He spoke of making from Vermont, as well as my colleague, istration to level with the American it as transparent as possible. He said: the Senator from Massachusetts, in ex- people on this issue? The United States has always had a pressing support for the amendment we

VerDate May 21 2004 05:07 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.060 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7143 will vote upon either tonight or tomor- should be allowed and used because missions in this country and around row, and to express my displeasure that deals with the fundamental bal- the world. It is actually an amendment that the documents that we have re- ance of security and liberty, and that the Senate adopted unanimously to ceived are so inadequate in terms of is the balance the Founding Fathers fo- last year’s Iraq supplemental spending what we have requested. cused on probably more than any bill, and I hope my colleagues will join The first point I will make is, don’t other. That is the balance; they wanted me in supporting this measure again let anybody think that because this is open debate. this year. a thick pile, it really has the nub of the So the thing I am sure of is not where The men and women of our Armed matter. It does not. you draw the line. I think anybody who Forces undertake enormous sacrifices The bottom line is that I would say says that is certainly making a mis- in their service to our country. They that an ounce of disclosure is going to take. Rather, the thing I am certain of spend time away from home and from buy this White House a pound of prob- is, if there is open debate and discus- their families in different parts of the lems. These documents raise more sion between the executive and legisla- country and different parts of the questions than they answer. The White tive branches, which is what the world and are placed in harm’s way in House is better off coming clean and Founding Fathers most certainly in- order to protect the American people releasing all relevant and nonclassified tended, we will almost inevitably end and our way of life. We owe them a documents. up in these most serious and delicate huge debt of gratitude for their dedi- In the Judiciary Committee, we have matters with a very good solution. cated service. The ongoing deployments for the asked the administration for 23 specific The problem, of course, is this: The fight against terrorism and for the documents as a starting point. Of the Justice Department and the Attorney campaign in Iraq are turning upside 13 the White House released today, General have a penchant for secrecy. down the lives of thousands of Active- only 3 are among those we asked for; 3 They have avoided at all costs open de- Duty National Guard and Reserve per- out of 23 is not a very good average. It bate and discussion. The results almost sonnel and their families as they seek is not even a good batting average, and always inevitably boomerang on them, to do their duty to their country and we are pretty lenient there when we and they end up having to backtrack honor their commitments to their fam- are above a third. anyway, but in a way that doesn’t do ilies, and, in the case of the Reserve It seems painfully clear that this ad- justice and do right for the people they components, to their employers as ministration devised a strained—some represent and for America and the well. Today, there are more than would say tortured—new definition of world. 160,000 National Guard and Reserve per- torture. Then someone in the adminis- So the bottom line is this: At the end sonnel on active duty. tration authorized the use of new ‘‘in- of the day, if we don’t know who au- Some of my constituents are facing terrogation techniques’’ that would thorized what, when it was authorized, the latest in a series of activations and have run afoul of the old definition of and whether it explains why the de- deployments for family members who torture but under the new definition tainees at Abu Ghraib were treated the serve our country in the military. Oth- were permissible. way they were, then the job is simply ers are seeing their loved ones off on Anybody who thinks those line sol- not done. their first deployment. All of these diers at Abu Ghraib were acting on I thank my colleagues from Vermont, families share in the worry and con- their own initiative must have his head Massachusetts, Wisconsin, and Illinois cern about what awaits their relatives in the sand. for their leadership on this issue and and hope, as we do, for their swift and It is absolutely unacceptable that the encourage my colleagues to support safe return. actions of a few in our military and our this amendment. Recently, many of those deployed in Government have brought shame on I yield back the remainder of my Iraq have had their tour extended be- the 99.9 percent of our troops who serve time, and I suggest the absence of a yond the time they had expected to us so honorably and well and are fight- quorum. stay. Sometimes this extension has ing for the freedom of the Iraqi people. The PRESIDING OFFICER. The played havoc with the lives of those de- We must not compound that error by clerk will call the roll. ployed and their families. Worried letting a few soldiers at the bottom of The assistant legislative clerk pro- mothers, fathers, spouses, and children the line take the fall if authorities ceeded to call the roll. expecting their loved ones home after higher up gave them the green light. Mr. FEINGOLD. Mr. President, I ask more than a year of service must now This matter must be pursued no mat- unanimous consent that the order for wait another 3 or 4 months before their ter where it leads, no matter how high the quorum call be rescinded. loved ones’ much anticipated home- it goes. If anyone at the Cabinet level The PRESIDING OFFICER. Without coming. The emotional toll is huge. So or in the White House opened the door objection, it is so ordered. is the impact on a family’s daily func- to the kind of abuse we saw in those The Senator from Wisconsin. tioning, as bills still need to be paid, pictures from Abu Ghraib, it is time to AMENDMENT NO. 3400 children need to get to school events, own up to it. Mr. FEINGOLD. Mr. President, first, and sick family members have to be The credibility of the administration I will call up my amendment, and I ask cared for. is on the line and the release of a hand- that it then be set aside. Our men and women in uniform face ful of documents simply doesn’t do the Mr. WARNER. Mr. President, there is these challenges without complaint, job. a UC in effect which indicates there but we should do more to help them I will repeat that it is not enough to will be no more amendments that will and their families with the many release a few inches of documents. The be taken up at the desk. The Senator things that preparing to be deployed White House should publicly disclose can speak to any amendment that is requires. all relevant and nonclassified docu- pending or another matter, but as far During the first round of mobiliza- ments. Relevant classified documents as transactions with the Presiding Offi- tions for operations in Afghanistan and should be provided to the Judiciary cer at this time, they are not in order. Iraq, military personnel and their fam- Committee and Armed Services Com- Mr. FEINGOLD. Mr. President, I un- ilies were given only a couple days’ no- mittee so we can get to the bottom of derstand, and I wish to speak about an tice that their units would be deployed. this. amendment that will be offered later, As a result, these dedicated men and Mr. President, I am aware of the dif- amendment No. 3400. It is an amend- women had only a very limited amount ficulties in these situations. We are in ment I am cosponsoring with Senators of time to get their lives in order. For the post-9/11 world, a brave new world. MURRAY, DAYTON, CORZINE, DURBIN, members of the National Guard and Sometimes things do have to change and LAUTENBERG. Reserve, this included informing their and be adjusted. We don’t know where My amendment would bring a small employers of the deployment. I com- the balance should be exactly. That is measure of relief to the families of our mend the many employers around the the difficulty. But one thing I know for brave military personnel who are being country for their understanding and sure is that there should be debate as deployed for the ongoing fight against support when their employees were to what methods of interrogation terrorism, the war in Iraq, and other called to active duty.

VerDate May 21 2004 01:55 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.063 S22PT1 S7144 CONGRESSIONAL RECORD — SENATE June 22, 2004 In preparation for deployment, mili- American workers to balance respon- injured in Iraq that we care. It begins tary families often have to scramble to sibilities to their families and their ca- to address this harsh reality of war by arrange for childcare, to pay bills, to reers. According to the Congressional providing the care soldiers and marines contact their landlords or mortgage Research Service, between 2.2 million deserve and the resources combat med- companies, and take care of other and 6.1 million people took advantage ics need. things we usually deal with on a daily of these benefits in 1999 through 2000. I have heard from distraught Arkan- basis. Our military families sacrifice a sas families—I am sure many of my The amendment I will be formally of- great deal. Active-duty families often colleagues have heard from families in fering later today will allow eligible move every couple of years due to their States—who felt left in the dark employees whose spouses, parents, transfers and new assignments. The 10 after a loved one’s injury because they sons, or daughters are military per- years since FMLA’s enactment has also were not given adequate details of sonnel who are serving on or called to been a time when we as a country have their condition or whereabouts. Con- active duty in support of a contingency relied more heavily on National Guard gress can alleviate that anxiety by es- operation to be able to use their Fam- and Reserve personnel for more and tablishing a tracking system to keep ily and Medical Leave Act, FMLA, ben- more deployments of longer and longer families better informed. We can also efits for issues directly relating to or duration. The growing burden on these help save lives and reduce combat inju- resulting from that deployment. These service members’ families must be ad- ries by ensuring that our military med- instances could include preparation for dressed, and I think this amendment is ical teams have the equipment they deployment or additional responsibil- one way to do so. need to provide critical frontline treat- ities that family members take on as a This legislation has the support of a ment. I cannot think of a better invest- result of a loved one’s deployment, number of organizations, including the ment. such as childcare. Wisconsin National Guard, the Mili- On June 14, 2004, I introduced S. 2516, I do not want you to just take my tary Officers Association of America, the Service Act for Care and Relief Ini- word for it. Here is what the National the Enlisted Association of National tiatives for Forces Injured in Combat Military Family Association has to say Guard of the United States, the Na- Engagements Act of 2004, or, as we call in a letter: tional Guard Association of the United it, SACRIFICE. The RECORD includes a The National Military Family Association States, the Reserve Officers Associa- full statement on the provisions of that has heard from many families about the dif- tion, the National Military Family As- bill. My amendment is almost identical ficulty of balancing families’ obligations sociation, and the National Partner- to the SACRIFICE bill. with job requirements when a close family ship for Women and Families. The Currently, the SACRIFICE amend- member is deployed. Suddenly, they are sin- ment has 11 cosponsors. Many Arkan- gle parents, or, with the grandparents, as- Military Coalition, an umbrella organi- suming the new responsibility of caring for zation of 31 prominent military organi- sans asked me about the partisan grandchildren. The days leading up to a de- zations, specified this legislation as working environment in the Senate. I ployment can be filled with predeployment one of five meriting special consider- want to go on record stating that the briefings and putting legal affairs in order. ation during the Iraq supplemental de- SACRIFICE amendment has had bipar- In that same letter, the National bate. tisan support from Senators SESSIONS, Military Family Association states: We owe it to our military personnel CHAMBLISS, GRAHAM of South Carolina, The military families, especially those of and their families to do all we can to REED of Rhode Island, NELSON of Ne- deployed servicemembers, are called upon to support them in this difficult time. I braska, NELSON of Florida, DOLE, make extraordinary sacrifices. This amend- hope this amendment will bring a CORNYN, COLLINS, CLINTON, and LIN- ment offers families some breathing room as small measure of relief to our military COLN. The amendment also has the sup- they adjust to this time of separation. families. port of the Disabled American Vet- Let me make sure there is no confu- Mr. President, I urge my colleagues erans and the Veterans of Foreign sion now about what this amendment to support the amendment when we Wars. I have been working with the co- does and does not do. This amendment have the opportunity to vote on it. I sponsors and the staff of the Senate does not expand eligibility for FMLA yield the floor. Armed Services Committee to refine to employees not already covered by Mr. LEVIN. I suggest the absence of the language of the amendment. FMLA. It does not expand FMLA eligi- a quorum. I am deeply grateful for the support bility to Active-duty military per- The PRESIDING OFFICER (Mr. and assistance I have received from sonnel. It simply allows those already ALLEN). The clerk will call the roll. Members on both sides of the aisle. I covered by FMLA to use the benefits The legislative clerk proceeded to want to specifically thank Rick they already have in one additional set call the roll. DeBobes, Arun Seraphin, Gary Leeling, of circumstances, and that is to deal Mr. PRYOR. Mr. President, I ask Judy Ansley, Dick Walsh, and Elaine with issues directly related to or re- unanimous consent that the order for McCusker for the many hours they sulting from the deployment of a fam- the quorum call be rescinded. have spent on this amendment and for ily member. The PRESIDING OFFICER. Without their very precious and wise counsel. I was proud to cosponsor and vote for objection, it is so ordered. I understand there may be an oppor- legislation that created the landmark Mr. PRYOR. Mr. President, I rise to tunity for the managers to accept my Family and Medical Leave Act during speak about amendment No. 3264, amendment. I appreciate that consider- the early days of my service to the peo- which I have offered. It accomplishes ation. I am also hopeful that we can ple of Wisconsin as a Member of this three important goals. First, it recog- work out an agreement. I thank Chair- body. This important legislation allows nizes and honors the dedication and man WARNER and Senator LEVIN for eligible workers to take up to 12 weeks sacrifice of American military per- their consideration of this very impor- of unpaid leave per year for the birth sonnel killed and injured in combat tant issue. It is an honor for me, as a or adoption of a child, the placement of and the heroic efforts of our medical freshman Senator in my first Congress, a foster child, to care for a newborn or teams through a sense of the Senate. to serve under the leadership of Chair- newly adopted child or newly placed Secondly, it eases the stress of fami- man WARNER and Senator LEVIN. Their foster child, or to care for their own se- lies who are attempting to follow the aid in helping me address a problem my rious health condition or that of a whereabouts of loved ones injured in constituents are experiencing firsthand spouse, a parent, or child. Some em- combat by requiring the Secretary of with such productive interaction ployers offer a portion of this time as Defense to establish a tracking system amongst both parties is truly a testa- paid leave in addition to other accrued for wounded personnel. ment to the dedication of the members leave, while others allow workers to Third, it authorizes $10 million to and the staff of the Armed Services use accrued vacation or sick leave for modernize medical combat equipment Committee. We owe that to their lead- this purpose prior to going on unpaid to support our medics in their fight to ership, and I appreciate it very much. leave. save lives. I yield the floor. Since its enactment in 1993, the Supporting my amendment tells the The PRESIDING OFFICER. The Sen- FMLA has helped more than 35 million 5,138 military personnel who have been ator from Nevada.

VerDate May 21 2004 01:55 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.066 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7145 Mr. REID. I want to congratulate the could end up with quite a few amend- January 20, 2001, to the present, and in the Senator from Arkansas. He has added a ments to vote on because each of those possession of the Department of Justice, de- new dimension to the Senate. He is amendments do carry with them the scribing, referring or relating to the treat- someone who is thoughtful, and above potential of having a second-degree ment or interrogation of prisoners of war, enemy combatants, and individuals held in all he is so concerned about the par- amendment offered to each one of the custody or under the physical control of tisan contentiousness in the Senate, them. If we wind up with 15 amend- the United States Government or an agent of and he has spoken to Senator DASCHLE ments that haven’t been offered, we the United States Government in connection and me and others about the need to do could wind up with 30 votes. I hope that with investigations or interrogations by the something about this. I want the Sen- is not the case. military, the Central Intelligence Agency, ator from Arkansas to know how much We have also been told there is a intelligence, antiterrorist or we appreciate his being the good Sen- need to vote on judges. I understand counterterrorist offices in other agencies, or ator that he is and being concerned the reason for that. We will have to cooperating governments, and the agents or contractors of such agencies or governments. about what is going on here on the take that into consideration over here. Senate floor. My only point is after the reception This is directly related to what is We have worked on this bill—I do not is over, which should be around 5 to 6, going on in Iraq, what is going on in know, but I think this is about the 12th maybe we could get back to working on Afghanistan, and other trouble spots in day. Some of those days were Mondays this most important legislation. I the world. and Fridays, so I really do not know think it has not accomplished what we I hope after a very short debate we how many real days we have had to need to accomplish here by simply can bring this before the Senate, vote work on this bill, but it has been a bringing the Senate to a standstill this on it, and complete the other issues on long, tedious process to work through afternoon. Since the Senate picture this bill, some of which are conten- more than 300 amendments. We can see was taken, we haven’t done anything. tious, some of which are not. Most of light at the end of the tunnel. We might just as well have stayed here them are not. We could dispose of them When the majority learned the mi- and had other poses, I guess. in a few minutes. nority was going to offer an amend- I hope we can work our way through But it is not as if this has nothing to ment calling for the Attorney General this little situation we have here. We do with this legislation. We on this side to divulge certain information, as a re- have some amendments. Senator KEN- have been very careful. Even though we sult action was brought to a standstill. NEDY’s amendment, I am sure, will re- had a number of Senators who wanted I have some difficulty understanding quire a little more debate. Most of the to offer amendments dealing with un- that, but I believe that on difficult amendments have been debated. People employment compensation, overtime, amendments the majority and minor- have come over, those who are going to minimum wage, and things of that na- ity should face it and just vote on them offer amendments, and stated their po- ture, we decided not to put them on rather than bring legislation to a sitions. this bill because of the importance of standstill, but the decision has been I recognize the importance of this this bill. But this amendment which made to not do anything on this legis- legislation. As we speak, in Iraq and Senator LEAHY or someone will offer at lation. Afghanistan we have men and women a subsequent time is directly related to At first glance, I thought I did not who are actually on the firing lines. I this legislation. agree with what the majority was don’t know how many in Iraq have I hope during this quiet time the doing, but they have done this in the been injured or killed today. We know staffs are able to clear a lot of amend- past and that is what they want to do, what happens every day. We know in ments. That will save us a significant and we just have to live with it. It has Baghdad there are scores of attacks by amount of time. The staffs of this com- been brought to my attention, though, these terrorists. Iraqis are being killed mittee are as good as any staffs we that a bus pulled up in front of the every day. This bill is an important have in the Senate. I am sure if it is Senate, and now the Republican Sen- piece of legislation. I think we all need possible to clear those, they will be ators are at a reception at the White to recognize that. cleared. House. I do not know how many of Yesterday, when I was here at my But I hope in clearing these amend- them but enough that there is nothing desk, my BlackBerry went off. I looked ments we will get back to where we being done here. We are trying very at it and it was CNN breaking news, to were prior to the Senate picture that hard to finish this bill and we are not report four American soldiers had been was taken at 2:15. doing anything because the Republican shot. They had been found dead, shot The PRESIDING OFFICER. The Sen- Senators are at the White House for a multiple times in the head. There were ator from Illinois, Mr. DURBIN. reception? If, in fact, we had been told 2 other soldiers killed and 11 who had Mr. DURBIN. Mr. President, I rise to that, we could certainly have had peo- been wounded in that same action. speak to the Reid amendment, which I ple offering amendments and have no What we do here is extremely impor- understand has been formally with- votes during that period of time. We do tant. There is nothing that we do dur- drawn at this moment but certainly is that on many occasions. But I think ing the year more important than this the topic of consideration and discus- this legislation is not turning out as Defense authorization bill. I hope we sion. well as I thought it should, which has can finish it because there is no reason Mr. REID. And will come back. been handled so well by the two man- we should not be able to. I hope the Mr. DURBIN. It will return, accord- agers of this bill. majority will not prevent us from coming to the Senator from Nevada, for the The distinguished chairman of the pleting action on this bill because we consideration of the Senate. committee thought I should not have have requested a vote on the Leahy That amendment by Senator REID of offered a second-degree amendment be- amendment. Nevada would require Attorney Gen- cause he thought he should have that Let me read again what this amend- eral Ashcroft to provide the Judiciary right. Perhaps he was right. So I with- ment says. The purpose is: Committee with all the documents in the Justice Department’s possession drew my amendment and we are in the To direct the Attorney General to submit position where we would be if I had not to the Committee on the Judiciary of the relating to the treatment and interro- offered that amendment. That is the Senate all documents in the possession of gation of detainees. status of the Senate today. the Department of Justice relating to the This is an extremely serious issue for But as I have said and others have treatment and interrogation of individuals America. Literally, the world is watch- said, including Senator LEAHY, that is held in the custody of the United States. ing us and asking whether the United an amendment we will need to vote on That is directly related to this De- States will stand behind its treaty obli- before we finish this legislation. At fense bill. gations in this age of terrorism. 6:20, the managers are going to offer all I read the purpose. The amendment It is clear that our enemies do not re- amendments that have not even been says: spect the rules in their relentless quest agreed upon, voted upon, or somehow The Attorney General shall submit to the to kill Americans. The barbaric treat- that are on the list that haven’t been Committee on the Judiciary of the Senate ment of Nicholas Berg and Paul John- offered. The way things are going we all documents and records produced from son have reminded us all of that fact.

VerDate May 21 2004 01:55 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.069 S22PT1 S7146 CONGRESSIONAL RECORD — SENATE June 22, 2004 But this is what distinguishes the executive power, assertions that I be- to uphold—not only Members of Con- United States from the terrorists we lieve violate basic constitutional prin- gress but members of the President’s fight. There are some lines we in the ciples. The Justice Department con- Cabinet—the President does not have United States will not cross. Torture is cludes the torture statute, which the authority to choose which laws he one of them. We have said repeatedly, makes torture a crime, does not apply will obey or to make his own laws. since the time of President Abraham to interrogations conducted under the There is no wartime exception to our Lincoln, that torture is inconsistent President’s Commander in Chief au- Constitution. with the principles of liberty and the thority. Article I, section 1 of the Constitu- rule of law that underpins our democ- At the hearing 2 weeks ago before the tion says all legislative powers are racy. Senate Judiciary Committee, Attorney vested in Congress. Article II, section 3 Two weeks ago, Attorney General General Ashcroft said unequivocally it of the Constitution says the President Ashcroft appeared before the Senate was not his job to define torture. He shall take care that the laws be faith- Judiciary Committee as our Nation’s went on to say, it is not the job of the fully executed. Article VI provides that chief law enforcement officer. He said administration to define torture. He laws made by Congress and treaties on the record that the administration said that is the job of Congress. ratified by the Senate are the supreme opposes torture and that torture is not Sadly, as we take a look at this De- law of the land. justified or, in his words, productive. partment of Justice memo produced Retired RADM John Hutson was a But he refused at that time to provide long before the Attorney General’s tes- Navy judge advocate for 28 years. From us with the Justice Department memos timony, we find on page 13 the fol- 1997 to the year 2000 he was the judge dealing with coercive interrogation lowing statement, and I ask listeners advocate general, the top lawyer in the tactics. to reach their own conclusion as to Navy. He rejects the Justice Depart- I asked him repeatedly: Attorney whether what I am about to read from ment interpretation of torture law, General Ashcroft, under what legal or Attorney General Ashcroft’s memo on saying: constitutional basis would you deny interrogation is an attempt to define If the president’s inherent authority as this committee copies of these memos? torture. I quote from the Department commander in chief trumps domestic and I asked him if he was asserting exec- of Justice memo dated August 1, 2002: international law, where is the limit? If utive privilege on behalf of the Presi- The victim must experience intense pain or every sovereign can ignore the law, then no dent. He said he was not. one is bound by it. I asked him if he could identify any suffering of the kind that is equivalent to the pain that would be associated with seri- The Supreme Court considered a statute by which he would be absolved ous physical injury so severe that death, similar question related to the Justice from his duty to respond favorably and organ failure, or permanent damage result- Department position. President Tru- positively to a request by the Senate ing in a loss of significant body function man, faced with a steel strike during Judiciary Committee for these memos, would likely result. the Korean war, issued an Executive and he could not cite any statute. How can anyone read those words and order to seize and operate the Nation’s At one point he said he personally be- reach any other conclusion but that lieved that it was not appropriate to steel mills. In the historic Youngstown the Department of Justice in August of steel case, the Court found the seizure produce these memos. I responded by 2002 issued this memorandum defining saying that, as interesting as that may of the steel mills was an unconstitu- torture. That, of course, is something tional infringement on Congress’s law- be, the Attorney General’s personal be- the Attorney General said was not liefs are not the law. It is the law making power and that it was not jus- their job. He is right; it was not their tified in wartime as an exercise of the which governs us. job. But it was done, anyway. Now, at the eleventh hour, today, in President’s Commander in Chief au- They also claim torture must involve an effort to defeat the growing pressure thority. ‘‘intense pain or suffering of the kind to release these memos, the White Justice Hugo Black, writing for the that is equivalent to the pain associ- House has provided Congress with a majority, said: number of documents, including one of ated with serious physical injury so se- The Constitution is neither silent nor the Justice Department’s torture vere that death, organ failure, or per- equivocal about who shall make laws which memos. But a quick review of the docu- manent damage resulting in a loss of the President is to execute . . . The Found- ments provided reveals they have given significant body function will likely reers of this Nation entrusted the lawmaking sult.’’ power to the Congress alone in both good and us only a small part of what we have bad times. asked for. Just last week the Senate Ask yourself the obvious question: Judiciary Committee considered a re- Why did the Department of Justice It seems clear the Justice Depart- quest for some 23 documents of the De- produce this memo? Who asked for it? ment memo was the basis for a Defense partment of Justice related to interro- Was it the intelligence agencies of the Department memo that makes very gation techniques and torture. That re- U.S. Government? The White House? similar arguments about torture. For quest for subpoena was defeated in the We honestly do not know the answer to example, the Department of Defense Senate Judiciary Committee on a that. memo argues the statute outlawing party-line vote, 10 to 9, all Republicans If this opinion by the Attorney Gen- torture does not apply to the detention voting against disclosure of the docu- eral’s office was at the request of some and interrogation of enemy combat- ments, all Democrats voting in favor. other agency of Government, we should ants by the President pursuant to the We take a look at the documents pro- know that. We should know which Commander in Chief authority. duced voluntarily by the White House agency of Government said to the At- The difficult question we have to an- today and find only 3 of the 23 docu- torney General, we need an advisory swer is this: What have these memos ments subject to the subpoena have ac- opinion, we need your best guess as to produced by the Department of Justice tually been produced. how far we can go in interrogation wrought? We know, now, because of the But the Justice Department’s torture techniques. graphic illustration of the abuses at memo, which has been produced after Although the Attorney General said Abu Ghraib prison, that soldiers in the it was leaked on the Internet for all to to us repeatedly, the law speaks for uniform of the United States of Amer- read, is a memo which we now know itself—when he said that, he was refer- ica performed some horrible and raises very troubling questions and ring to our laws, our Constitution, the shameful acts for which no one has completely contradicts statements treaties we have entered into—in fact, made any excuses. Even the President made by Attorney General Ashcroft be- the Attorney General and his Depart- has said that does not represent Amer- fore the Judiciary Committee. It ment of Justice decided the law was ica. What they did was clearly wrong. makes it clear if Congress and the Sen- not enough. They needed to add very The important and obvious question ate are to meet their obligation under graphic and specific definitions such as for all to ask as a follow-on is, Was this the Constitution, we must ask harder the one I read. an incident involving the conduct of a questions and we must dig deeper. Now, of course, there is an important handful of officers or did it represent a In the memo, the Justice Department and underlying issue here. Under our policy promulgated by this Govern- makes unprecedented assertions about Constitution, which we have all sworn ment, supported by memoranda from

VerDate May 21 2004 01:55 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.072 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7147 the Department of Justice and those history in the spirit of Roosevelt and have seen the Senate do its business from the Department of Defense? his commitment to the Greatest Gen- today when it could have. Therein lies the critical question. eration. Senator DASCHLE’s amend- That is a distinguished group of vet- Last week, President Bush was asked ment, which he tried to bring up ear- erans. A lot of courage, a lot of honor, about the Justice Department torture lier, would take an important step to- a lot of kindness comes from the men memo and he said he did not remember ward the full mandatory funding of and women who belong to those organi- if he had ever seen it; he said he issued veterans health care. It would say to zations. They are Americans whose an authorization that conformed with the 500,000 veterans closed out of the opinions and guidance I trust. And U.S. law and treaty obligations, and he VA health system in the last 2 years: they deserve to be heard. would not say whether he would au- You are welcome. There is care for you. In this time of great sacrifice, it is thorize the use of torture but that we In the 10th year of its enactment, it even more important that we show our should be ‘‘comforted’’ by the ‘‘laws on will provide care to 3 million veterans veterans we honor them and respect the books.’’ who otherwise will be shut out of the them. We have to do so with more than The President is correct; the law is system, and it will end the practice of words. We have to show them by our very clear. The United States is not rationing health care for those who actions and our deeds. permitted to engage in torture or have already given so much to this During a time of war, a time when cruel, inhumane, or degrading treat- country and who have had an expecta- tens of thousands of Americans are ment. But I am not comforted because tion that health care will be there for asked to fight and possibly die for their we don’t know if the administration them. country, our message ought to be loud followed the Justice Department inter- Now, last night, in the normal course and clear: When you come home, your pretation which would allow the Presi- of business in our Senate, I was in- country will take care of you because dent to set aside these laws. We have formed by the minority leader that his you took care of us. gone too far. amendment would proceed today and This is an important issue to our We have to follow the paper trail to that he would, under the normal proce- country, to our veterans, and to the determine who requested the memos dures of the Senate, bring it up in an men and women in harm’s way in Iraq, and what was done in response to them. effort to have an early vote. I cancelled Afghanistan, and around the world—to- We need to find out whether the legal my events and I returned here hoping day’s service members who will be to- arguments contained in these memos to be able to vote on this important morrow’s veterans. were used to justify the use of torture issue. There was no request for lengthy I have been around here long enough at Guantanamo, at Abu Ghraib, or any debate. There has been—I know the not to worry about these kinds of other facility controlled by the United Senator from Virginia will agree with things. This day will pass and others States of America. We need to know this—no effort to delay this bill. In will come. But Americans will measure whether the President or anyone else fact, the minority leader has expressed how we do our business, and they will in this administration authorized the every good intention to try to move measure the seriousness of purpose and use of torture as defined by the Depart- forward as fast as possible on this bill. the courtesies we extend to each other. ment of Justice memo. Under the normal courtesies of an in- So while this vote may not take place The Senate has an obligation to the stitution that runs on courtesy, nor- while I am here, my support will never Constitution and the American people mally, it is absolutely consistent with wane and my commitment to veterans to answer these questions. The only the rules and traditions of the Senate will never be diminished. I regret what- way to do that is to obtain all of the that time might be made available to a ever rationale has entered into this de- relevant documents. The great challenge of our age in minority leader to offer an amendment cision that we cannot proceed for a combatting terrorism while remaining and for a vote to be ordered. But, evi- very simple vote on a very straight- true to the principles which our coun- dently, this is not a normal time for forward issue. try is based upon is to make certain we those courtesies in the life of the Sen- I yield the floor. respect liberty and the rule of law. We ate. I regret that for the Senate and for The PRESIDING OFFICER. The Sen- must not sacrifice freedom and the rule the country and for veterans. So today ator from Virginia, Mr. WARNER. Mr. WARNER. Mr. President, I say to of law at the altar of security. We must we could have acted and have honored respect the freedoms protected by the 26 million Americans who wore the uni- my good friend—and we have been good Bill of Rights. Our laws must not fall form and provided important funding friends for many years—you made ref- silent during time of war. for them. erence to President Roosevelt and the I urge my colleagues to support the More than a decade ago, Senator GI bill. With my very humble and mod- Reid amendment. I yield the floor. DASCHLE and I worked to help veterans est naval service in the last year of The PRESIDING OFFICER. The Sen- exposed to Agent Orange receive the World War II, I was a beneficiary of ator from Massachusetts, Mr. KERRY. recognition, the care, and the benefits that. Mr. KERRY. Mr. President, I thought they deserved. I am very happy to join But I would say to my good friend, I I might take advantage of this moment him today in supporting this amend- am proud of what our Senate has done while so many of the Republicans are ment, whenever it will come up, in over the past several years to assist at a White House reception to share a whatever way I can, whether I am here veterans. This is another matter that few thoughts about a bill we are obvi- or not here. I will support this effort in is now pending and has yet to be re- ously not going to be able to vote on the days, months, and in the years solved. today. ahead to provide to our veterans the I see the distinguished Senator from Sixty years ago, Franklin Roosevelt resources they deserve and increas- Nevada, who has been in the forefront signed the GI bill. He showed us in ingly have been denied. with colleagues on my side on the issue doing so how to honor our veterans and Yes, there have been increases in the of concurrent receipts. Prior to that, I he launched the greatest expansion of veterans budget, but the test is not worked with my good friend from the middle class in our Nation’s his- whether you have increased the budget, Michigan on TRICARE for Life. I could tory. Never before has an act of legisla- the test is whether you are meeting the enunciate others. tion and the vision of and the invest- need. And the need is not being met. We are about to have a vote here ment by one President done so much I am honored to stand with the vet- sometime, perhaps tonight or tomor- for so many Americans. erans who are backing Senator row. The Senator from Louisiana and President Roosevelt said that on the DASCHLE’s amendment. The VFW, the the Senator from Nevada and the Sen- day it became law, the signing of this American Legion, AMVETS, the Para- ator from Maine are trying to close bill ‘‘gave emphatic notice to the men lyzed Veterans Association, Disabled that gap when a retiree’s widow, in and women in our Armed Forces that American Veterans, the Blinded Vet- most instances, reaches the eligibility the American people do not intend to erans Association, Jewish War Vet- for Social Security. Oftentimes there is let them down.’’ erans, the Military Order of the Purple a very significant dropoff. Today, throughout the day, the Sen- Heart, and Vietnam Veterans of Amer- So we have done a lot in this body. I ate has had an opportunity to make ica—all of them would have loved to know well of my old friend’s career in

VerDate May 21 2004 04:43 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.074 S22PT1 S7148 CONGRESSIONAL RECORD — SENATE June 22, 2004 the Navy. I was Secretary of the Navy, exactly what the conversation was in I compliment the Senator from Mas- as you well know, and Under Secretary the well of the Senate earlier. sachusetts from a Nevada perspective at the time the decorations you earned I have no illusions about where we for the type of campaign that has been through your valor and your courage find ourselves now. I am not com- run. Positive campaigning is some- came before the Navy Department for plaining. I am just here to make my thing that is so necessary. We have far approval. While I do not have specific statement of support. I will continue to too much negative campaigning. We recollections—I had to deal with many do what I am doing because I believe need to make ourselves available to during those difficult days of a very we can do better by veterans in this questions of the press. We should not stressful and tough period in American country. I will continue to take that hide ourselves from the press. Senator history; and how well both of us re- issue to the country over these next KERRY has not done that, which makes member that—as far as I know, I par- days. us in Nevada feel very good. ticipated in some way and look with a We have an opportunity to make a The PRESIDING OFFICER. The Sen- sense of pride on approving those deco- choice today. If we don’t, then we will ator from Virginia. rations. Whether I was Under Sec- continue to talk about this issue over Mr. WARNER. Mr. President, I retary or Secretary, it was right in the next months, and the American looked at the cost to the American tax- that period of time. We chatted about people will make a choice in November. payers for TRICARE for Life, and that that in years past. Mr. WARNER. Would my colleague is $3.9 billion a year. The concurrent But as to the events of this day, I address what is a major concern with receipts were $22 billion in the 2004 would say this is my 26th year in the this Senator. I say this with total hu- cycle. Through this administration, in mility. I am a veteran and possibly Senate, working with Senator LEVIN, veterans funding, there has been a 34- and I would ask the Senator to step could benefit someday by what this percent increase in funding for health back. If you had the totality of the pic- package contains. I don’t know. care since 2001. Overall spending for Mr. KERRY. I suspect under the ture, the majority leader was hopeful, health care has doubled since 1993. So I health care and benefit plans the Sen- and we have not lost that hope, of con- am not going to take second place to ate gives itself, the Senator won’t need tinuing through the night and tomor- anyone with regard to the achieve- this. row to get our final vote on this bill. Mr. WARNER. Well, I don’t know, ments we have had in this body by way Much remains to be seen at the hour of Senator. I am just trying to say that of trying to care for our veterans. I feel 6:20, when we will have the opportunity the Senate is looking at this in terms very strongly about that. My military career is very modest: to look at the amendments our col- of its fiscal impact. This is somewhere leagues still feel require their atten- between $200 and $300 billion. service in World War II and service in tion. Mr. KERRY. Mr. President, not this Korea in the Marines. I have served But in that context, it was at the particular proposal. with the courageous ones, the ones who hour of 6:20 when we would have that Mr. WARNER. Well, I believe it is in- lost life and limb. I am not going to body of information to give us some volved. take second place to anybody in my clear indication as to what time agree- Mr. KERRY. Mr. President, that is if trying to work hard to support proper ments we could make with the Daschle you did the full funding. This is a com- recognition for them and what they amendment, time agreements with a promise that has been worked out have achieved. I am just one of the number that are pending at the desk. I which is a lesser amount of money, rec- lucky ones who had the opportunity to certainly, speaking for myself—we are ognizing the significant amounts that serve alongside these veterans and not trying to preclude our colleague are available. work with their families. For 5 years as from his rightful duty to participate Be that as it may, we are talking Secretary of the Navy, I worked with today in the affairs of the Senate in over 10 years. The last tax cut for peo- families in that stressful period of time any way, but we have to move ahead ple earning more than $200,000 a year in Vietnam. with not only this bill but the appro- was over $1.2 trillion. So it is a ques- I feel so strongly to be a supporter of priations bill, which is soon to follow. tion of where the rubber meets the the veterans’ causes, not for political My understanding is, it was to be road. You have veterans over here who reasons. Some vote for me; some don’t. brought up immediately, assuming this served their country who have a need That is all right. The important thing bill were voted on finally tomorrow. for health care, and you have a lot of is that this Nation takes them to But then there was another impedi- wealthy Americans over here who don’t heart, particularly at this time when, ment, as I understand, regarding debt particularly have a need for a new tax at this very moment, who knows which limit and some other things—which I cut. This is a place for choices. All we veteran, which service Active-Duty admit I am unfamiliar with—which are asking is for a choice to be made. man in Iraq or Afghanistan, where all then indicated to the majority leader, I thank the Senator from Virginia of us have visited those battlefields, for whom I have great respect, Senator and yield the floor. might have his or her life taken, life or FRIST, who wants to operate in a sense The PRESIDING OFFICER. The Sen- limb. I feel ever so strongly about it. of fairness: Was he not able, as major- ator from Nevada. Day or night they are in my mind. ity leader, to guide the package of leg- Mr. REID. Mr. President, before the I see others desiring to speak so I islation, both authorization and appro- distinguished junior Senator from Mas- shall yield the floor. priations, which he felt necessary? sachusetts leaves the floor, I wish to The PRESIDING OFFICER. The Sen- So I am not suggesting the Daschle say this, from a total Nevada perspec- ator from Oklahoma. amendment could not perhaps at a tive, how proud we are of the campaign Mr. NICKLES. Mr. President, I want later time tonight be brought up and he has been running in Nevada. The to make a couple comments on one of voted on. Senator from Massachusetts has run the pending amendments, the so-called I say to the Senator, I recognize the all positive ads. The people of Nevada Daschle amendment dealing with vet- tough schedule you have, but I would recognize that and, as a result of that, erans. In many cases, this amendment not want to say that I feel on this side all the polls show him ahead at this is more about helping politicians than there is any conspiracy in this area, time. it is helping veterans. We have done a certainly from my perspective. I compliment the Senator. When he lot to help veterans—we being the The PRESIDING OFFICER. The Sen- comes to Nevada, he is totally open to Members of this body, Members of this ator from Massachusetts. the press. Each time he comes he an- Congress. I want to go to the facts. Mr. KERRY. One of my good friends swers any questions that the people Just look at history. In 1993, we were on the other side of the aisle is the sen- have to ask him. The press is there. spending less than $15 billion. If you ior Senator from Virginia, and I am a For example, last time he was there, he look throughout the next several good friend with the junior Senator, not only did a press conference but he years, the year 2000, it still increased too. I will say to him that I respect the was on individual programs, Ed Bern- only to about $17 billion, $18 billion. position he has been put in. I have been stein’s show, for example, John Alston, Since then, in the last 4 years, we have here 20 years. I know how this place where he was answering any questions gone up from about $18 billion to now works and how it negotiates. I know they had to ask him. we are about $28.5 billion. So we have

VerDate May 21 2004 04:43 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.077 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7149 had a dramatic increase in the last few in the next 10 days or so. It is just a ri- there was an amendment on trade ad- years, frankly, in large part due to diculous way to fund a department or justment assistance, and it would have President Bush’s requests. to take care of veterans. cost an additional $6 billion. None of Those are the facts. I am all in favor of taking care of these amendments were paid for, and If you want to gauge our support for veterans. Senator WARNER alluded to we defeated them. So in the last veterans on how much money we are the fact that we have done a lot for month, I think we have had three votes spending, we see a relatively flat, very veterans in the last few years. You bet that would have increased spending— slow growth during the Clinton years we have. Last year, concurrent re- i.e., the deficit—by over $100 billion. and a very rapid increase under Presi- ceipts—I believe there was an amend- The amendment we will be voting on dent Bush’s last 3 years. ment agreed to, and the ultimate cost will increase the deficit by a couple Now we have an amendment that was $22 billion. Senator WARNER agreed hundred billion dollars. Again, I hope says, we know this is discretionary, as to an amendment last week to expand my colleagues will show a little sanity it always has been. Appropriators take that almost another billion dollars. We and say, let’s try to really help vet- care of discretionary items. As alluded did TRICARE for life. We did Service erans, let’s not try to help politicians. to by Senator BOND, we have had big Members Group Life Insurance. We did Let’s sustain the budget point of order increases because we had some de- expanded benefits for former POWs, on this amendment. mands, and the appropriators and auto and housing grants, and veterans I yield the floor. budgeteers met those demands. Now we buying first homes. We increased the The PRESIDING OFFICER (Mr. AL- have an amendment that says: Let’s VA home loan guarantee up to a max- EXANDER). The Senator from Delaware. throw that away, an amendment that imum mortgage of $240,000. We did the Mr. BIDEN. Will my colleague yield will increase spending by $300 billion. Montgomery GI bill to assist for a couple questions? It also increases the deficit by $300 transitioning from military to civilian, Mr. NICKLES. I am happy to yield. billion. Some of the people who say and we enacted a 52-percent increase in Mr. BIDEN. Mr. President, I ask my they are in favor of this say they be- education benefits. I can go on and on. colleague, the chairman of the Budget lieve in pay-go. They make speeches: We have done a lot. It is expensive. So Committee, how big was the deficit in We want pay-go. But they don’t pay for this line will continue to increase. the budget you brought to the Senate this amendment. So this amendment Then I look at this amendment. It floor, the budget you voted out of com- would increase the deficit by $300 bil- doesn’t really say anything about need. mittee? lion. It comes up with a very awkward for- Mr. NICKLES. I would have to look Then I look at the way it is written, mula, almost like an HMO-type thing, at the figures. The baseline scored by and it is one of the worst amendments, and says, by the number of eligibles, OMB was 521. The baseline scored by as far as putting something together we are going to figure out so much CBO was 477. The figure we had before from a fiscal standpoint, that I have money and multiply it and throw it in. us in the budget resolution, I would ever seen. It says: Let’s take the 2004 That will not meet veterans needs. In want to check. CBO is in the process of discretionary figure and freeze it; for the appropriations process, we have revising that. We use CBO scoring. My the next 10 years we will freeze it. Then committees that have hearings. What guess is it would be significantly less we will set up a new entitlement, not do you need? What is pressing? We vote than the 521 by OMB, and 477 by CBO, based on the number of veterans re- and appropriate money. We have had a and we now expect, if we stay with the ceiving care but on the number of peo- faster rate of increase in veterans care projections—i.e., the spending figures ple who are eligible to receive care. On than in almost any other area in the that we had assumed in the budget res- the eligibility side, we will come up Federal budget. olution, 821 on discretionary spend- with some type of per capita contribu- The amendment we have pending being—the debts would probably be in the tion and figure it all out. CBO esti- fore us has a budget point of order, and neighborhood of not 477 but closer to mates over 10 years it will cost $300 bil- appropriately so. It would increase the 420, in spite of the fact that I know my lion. deficit by $300 billion over and above friend from Delaware made a speech We are spending a little less than $30 the budget. Maybe some people don’t last week saying he thought it would billion a year right now, but we are care about deficits. This Senator does. be 600. It would be closer to 420. going to multiply that based on the This amendment is not paid for. It vio- Mr. BIDEN. We are already starting number of people who might be eligi- lates pay-go. For those people who off with the Senator recommending a ble. voted for pay-go, they should say this vote for a budget that has $400 billion- Senator WARNER is eligible but my is not paid for. They make speeches in plus. guess is he doesn’t receive all of his their States and say, I believe we Mr. NICKLES. I am not sure. I think health care in a veterans hospital. My should have pay-go. This doesn’t meet the Senator from Delaware has the father-in-law is eligible but he doesn’t that test. floor. I don’t want him stating—— receive his health care under veterans. At the appropriate time, I will make Mr. BIDEN. I ask the Senator if he A lot of people in the military served a budget point of order, and I hope our wants to respond to that comment. with great distinction but they don’t colleagues will sustain that. I might The PRESIDING OFFICER. The Sen- receive their health care through the also note that I am keeping a record of ator from Oklahoma has the floor. VA health care system. all the budget points of order that have Mr. NICKLES. Mr. President, I am I don’t know who designed this new been made and the number of people happy to debate my colleague, or any formula. This kind of amendment be- who vote to waive those points of colleague, on the budget. We spent sev- longs on the budget, not on a DOD au- order. Since last year’s budget was eral days debating the budget. I am thorization bill. This is really amend- adopted, we have had amendments to more than happy to debate it. I will ing the budget, saying we are going to increase spending and increase the debt tell my colleague that we basically take a discretionary item and turn it by over $1.4 trillion. This amendment have assumed a freeze in nondefense, into a mandatory item, and we have will just be a couple hundred billion non-homeland security in the budget decided to grab some kind of fictitious dollars on top of that. We are keeping resolution. I hope we will be able to en- name based on the number of people el- a running log. force that freeze. I have been very vigi- igible, not the people who are in the In the last month, there was an lant in trying to enforce the budget. system, not the people who are likely amendment to make IDEA an entitle- We have made about 80 points of to receive the care, and pluck it out of ment. We made a budget point of order order to contain the growth of spend- the air and say: Here is what we are and defeated that. That would have in- ing, most all of which have been sus- going to do. creased the debt by $87 billion. A week tained. There were very few votes by And then it also says GAO, after a or so before that, there was an amend- our colleagues on the Democrat side, couple of years, if they don’t like it ment to expand retroactively unem- with the exception of Senator MILLER, and think it is enough, we will set ployment compensation that would and I thank him and compliment him some other kind of process on auto- have increased the deficit by $9 billion. for that. Since we were successful in matic pilot to have Congress vote on it We defeated that. A week before that, sustaining those budget points of

VerDate May 21 2004 04:43 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.081 S22PT1 S7150 CONGRESSIONAL RECORD — SENATE June 22, 2004 order, we have saved Federal spending I can understand one can make the to is we say: What you put down in the to the tune of in excess of over $1.3 tril- argument, and there is truth to the ar- budget, these tax cuts and the way lion. I happen to have these votes, and gument, that tax cuts spur the econ- they work and you are seeking to make I happen to have a chart that shows the omy, everything gets better, and it them permanent, all those things, they votes, just like this vote. CBO scores works out better. I got all that. Believe are not my priorities. So the way I this vote—if this amendment were to it or not, after 30 years here, I figured want to pay for that is I do not want to be adopted—saying it would increase that out, and there is some truth to it. build a swimming pool. spending by $300 billion. It basically Really, this is a values debate, not Now, you have built a swimming doubles VA. I hope we will be success- wanting to put something permanently pool, but what I do not want to do is ful. That will be scored on the running into the law that is an entitlement in keep it open because it costs me a lot chart I am keeping. I mentioned over the case of what veterans now and in of money to keep it open. The money I $100 billion of additional spending. We the future would be entitled to. It is can save by not filling the pool, not defeated that in the last month using not a lot different fundamentally in its having a pool service come, not having budget points of order. effect on the actual budget, the num- to buy the chlorine, not having to buy I hope we will defeat this amend- bers in the budget, than essentially the equipment is enough money for me ment, and it will save $300 billion-plus making permanent tax cuts from now to get the gas to get the kids to church and I think make us a lot more respon- infinitum. And they are big numbers. on Sunday. That is what I want to do. sive. I happen to believe we are making Again, the disagreement is real, gen- That is what I am doing here. a serious mistake to put everything uine, and intellectually is defensible, The fact is, the difference between into that side of the equation. but it is a difference of perspective. 1993 and now is we are at war. My I mentioned discretionary spending The reason the Senator from Delaware friend will say a lot of veterans who of $821 billion, which is our budget fig- comes to the floor, very seldom my col- are going to benefit from this proposal ure. We are going to be spending $2.4 leagues will notice, is that in this case, are ones who are not at war now. One trillion. Two-thirds of the budget is when you think about a budget that I of the things we are trying to do in an now entitlements. One-third is discre- voted against—I do not support the All-Volunteer Army is make it more tionary spending. I believe we would budget, I do not support the priorities appealing for people to get into the have a better control, better oversight within the budget by the Budget Com- service, to stay in the service, so that, if we would keep more in the discre- mittee—to turn around and say that in fact, when they volunteer to get in tionary side. This is the opposite of when I vote not to sustain a point of this Army, there are benefits that flow that effort. order that somehow I am the one in- from it. They make enough sacrifices I yield the floor. already in this Volunteer Army. Mr. BIDEN. Mr. President, I say to creasing the budget, it is a little bit We had trouble getting money early my friend, I didn’t want to debate it. I like my saying to you: Here is the deal. for bulletproof vests for these guys. I was trying to get the facts. The facts What we are going to do in the family, was just in Iraq, and I met a young are that, notwithstanding what he sug- we are going to have one car, drive it 22 man in Kuwait. Our generals intro- gested he has saved by budget points of miles a week, and not drive it any fur- duced him to us. We had dinner, and order, he brought a budget to the Sen- ther than that. We are not going to they said: These are the heroes; these ate floor that is in deficit over $400 bil- turn the thermostat up over 60 degrees. are the kids who drive the transport lion. And, by the way, we are going to build Mr. NICKLES. Will the Senator a new swimming pool in the backyard. trucks from Kuwait City all the way up yield? If I do not get a vote on that—it to Baghdad. Do my colleagues know Mr. BIDEN. Surely. seems to me when I come along and say what they are doing because we have Mr. NICKLES. To inform my col- we should be able to drive the car to not provided them what they need? league, the budget also would reduce church more often because the kids are They have been given the authority to the deficit by half in 3 years. That is not going to church because the church augment their vehicles any way they not easily done when you have a $400 is 14 miles away, we should have more want. I was joking with them. A lot of billion deficit. So please keep that in money for gas in the car, we should not them are becoming spot welders. They mind as well. have built the swimming pool—we do are literally getting scrap metal and Mr. BIDEN. Again, I am not here to not get a chance to do that. welding it to their vehicles. They are debate this. The facts are that he I get a budget, which is legitimate, given the authority to do what they brought a budget to the floor of the shoved on me because you guys run the want because they are getting shot Senate that is over $430 billion, and show, the Republicans run the show. I dead. some believe it is over $500 billion in got that. I understand it. I do not com- We were out there, and these kids deficits. I agree with my friend that we plain about that. More people voted for were on this incredibly dangerous mis- should be careful about putting in enti- Republican Senators than Democratic sion. We said: Do the mission, but we tlements. Entitlements, in a sense, if Senators. But the idea that somehow realize you have to improvise. you think about the effect on the budg- when I suggest we should have a dif- So they are telling me: I got this et—I know the Presiding Officer is a ferent priority and seek to change the piece of steel, and I put it on my side former Governor—there are two types budget I am busting the budget when, door and welded it on. What I wanted of expenditures: direct expenditures in fact, what has happened is the prior- to do was get some underneath so that and tax expenditures. ities that the chairman of the Budget when the bombs blow up, they don’t My friend also wants to essentially, Committee has placed in the budget— blow through the seat. It is amazing. in layman’s terms, make an entitle- and very successfully, and he has led My point is, we are asking these kids ment of the tax cuts; in other words, that committee very successfully and to do all this. Right now in category 7 make them permanent. They do not he has led it unanimously; there are no and 8, there are 400,000 veterans seek- want to make permanent the ability of diversions on his side from what he ing VA help who are told: Don’t apply. veterans to have what this amendment proposes—is a little bit disingenuous in To the best of my knowledge—I do not calls for. I understand that. It is a log- terms of the average person listening claim to have a real expertise in this ical argument. I do not begrudge that. to this. area—but there are 90,000 veterans I think it is an intelligent argument to It is as if I have to accept we are under the present system waiting for make. building a swimming pool instead of admission to get into veterans hos- I want to point out this is about val- providing more gas in the car to get pitals, and there are 40,000 who wait 2 ues and priorities. If you want to know the kids to church. So I want to get to 6 months just to get a doctor to sign what a country values, if you want to more gas in the car to get the kids in off on them qualifying to get prescrip- know what a company values, if you church. I do not want to build a swim- tions from their local VA hospital at want to know what a nonprofit values, ming pool. I do not want to do that. the lower price. look at its budget, and you will know. The only vehicle I have as a Senator Whether or not this proposal that has You will know what it values, on what is to vote for changing the budget that been put forward is the answer to any it puts the highest value. I do not want. What these are attached of this, I cannot guarantee, but there is

VerDate May 21 2004 04:43 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.083 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7151 something wrong in Denmark. Some- The PRESIDING OFFICER. The Sen- Mr. WARNER. I think that is an ex- thing is wrong here. Something is not ator’s time has expired. cellent idea. We can make it 6:45. working. If you wonder if I am telling Mr. BIDEN. Was there a time? There Mr. LEVIN. More than agreeable. the truth, go home and ask your is a time. Well, I respect that, and I Mr. WARNER. Would the Senator Democratic- or Republican-registered thank my friend from Oklahoma. We from Oklahoma need 10 minutes to fin- veterans. Ask them if they are happy just have a difference in our priorities ish his remarks in the intervening pe- with the way things are working right and the way in which we value our riod? now. Find out how many of those value system. Mr. NICKLES. Five minutes will be 400,000 people are told do not apply, and I thank the Chair. fine. 90,000 are trying to get into the hos- The PRESIDING OFFICER. The hour Mr. WARNER. At which time the pital. being 6:20, the managers are recog- Senator will put in a quorum. Again, I acknowledge, based on the nized. Mr. NICKLES. That would be fine. fact we decided to build a swimming Mr. WARNER. Mr. President, on our The PRESIDING OFFICER. Without pool in this budget instead of doing side we have taken about 40 amend- objection, it is so ordered. this, this will increase the deficit. I got ments from our list, I say to my good The Senator from Oklahoma. it. Just like the administration budget friend from Michigan, and of the 40, Mr. NICKLES. Mr. President, I en- initially proposed did not even include roughly 19 of them are being prepared joyed having a little colloquy with my money for Iraq. Does anybody think $25 to be put in a package for the Senator very good friend, Senator BIDEN. I just billion is going to get us through next from Virginia to forward to the desk in want to put in the RECORD a couple of year in Iraq? Raise your hand. Come to accordance with the UC. I say almost facts. One, the deficit under the budget the floor and tell me. Anybody. I want all of them, except one or two, we have resolution we had estimated is $474 bil- you to stand here and go on record and been working on with the Senator’s lion. I believe it will come in signifi- say: I believe that $25 billion is going staff, and we have modified the amend- cantly less than that, possibly $420 bil- to cover the nut in Iraq and Afghani- ments to conform with what we believe lion to $440 billion. I am not sure. The stan for next year. will be acceptable on the Senator’s budget resolution was for 2005, and that Let’s get a little truth in budgeting side. So as I send my package to the figure is $367 billion, considerably less here. I understand the Senator. I got it. desk, they will be in a modified form. than what OMB was estimating this I respect him. He has made a basic Logistically, I simply need the time in year at $521 billion or CBO at $477 bil- value judgment. He believes very which to do the modification, and I lion. So the budget resolution shows strongly—and there is some evidence presume the Senator from Michigan over $100 billion in deficit reduction by for his belief—that if, in fact, we have would desire to do pretty much the 2005, and also $255 billion in 2006. So it these massive tax cuts, the bulk of same thing. goes down by over $100 billion in over 2 which go to the wealthiest, it will, in Mr. LEVIN. Before we accept modi- years. That cannot be done unless fact, trickle down. He will argue—and fications, however, we would have to there is some constraint on the growth there is some evidence to it—that some look at the modifications. They may be of spending. of it has already started to happen, and fine, by the way, but we need to look at That being said, we had significant the best way to help veterans, poor them. assumptions for growth in VA. Total folks, IDEA folks, and all those folks is Mr. WARNER. Mr. President, all the spending in 2004 for VA was growing get the economy roaring. That will modifications are somewhere within from $61.45 billion in budget authority bring in more revenue. I got it. That is the Senator’s system. The Senator to $70.8 billion, about a 15-percent in- a legitimate argument. But the basic from Michigan is on notice as to what crease just in 2004 to 2005 in VA. Now, fundamental argument we have is the they are. The corollary situation is we that is a lot, especially when one as- die are not even cast. The table has have been notified as to a lot of their sumes or if one knows that we are basi- been set, and I either sit down and sup modifications. So I say most respect- cally going with a freeze in nondefense at the table when I do not like the fully to my two colleagues on the other spending. That means other things menu and refrain from trying to have to be cut to make room for vet- change the menu, or I attempt to side, if we could put in a quorum call we could quickly resolve the status of erans. We have done that in our budg- change the menu. et, and we have shown probably a So this notion that the VA health the modifications on our side, and to greater percentage increase in veterans care system is in good shape, that we the extent the Senator has knowledge care than almost any other section of have done so much for veterans—which of the status of the modifications on the budget. we have done more—we are creating a his side, reciprocally what we under- So I wanted to state for the record, whole heck of a lot more veterans now, stand—— when I heard my friend saying—last a whole heck of a lot more, and the Mr. REID. Will the Senator with- week I think he said it was $600 billion, need is going to increase more because hold? and I said I think it is going to be more we are at war and we are likely to be at Mr. WARNER. Yes. war for a while. The PRESIDING OFFICER. The Sen- like $420 billion. In the budget resolu- Again, I do not want to belabor the ator from Nevada. tion for 2004, we estimated $474 billion. point. I respect my friend, the chair- Mr. REID. I say to the distinguished I believe it will be much less than that. man of the Budget Committee. I re- leader, the chairman of the committee, For 2005, we were assuming $367 billion. spect the fact he has little choice but 6:30 is coming. I ask unanimous con- I hope it will be less than that. For to ask us to vote for a budget that is sent that the quorum call go into effect 2006, it will be $255 billion, with reve- already, by his standards, $435 billion and that the two managers of the bill nues coming in now greater than an- or so out of whack. I respect that. still have 10 minutes to offer these ticipated because the economy is work- I respect the fact that he believes, amendments when the quorum call is ing and because the tax cuts we passed notwithstanding the fact that his own called off. did stimulate the economy. The stock outfit points out a significant portion Mr. NICKLES. Reserving the right to market and the NASDAQ are up 40 or of that deficit last year and this year object, I wish to speak for a few min- 50 percent since the tax bill we passed relates to the tax cuts, we will earn it utes. I did not complete my remarks in last year and the tax cuts. all back; we will be able to cut the def- the last debate. I heard my colleague say it is be- icit because of the economic growth Mr. WARNER. I say to my colleague, cause we want tax cuts for the wealthy. and all of that. I have that. But I have he has the right to object, but we real- The only tax cuts we assumed in the also been through this once before. I ly are trying to structure this. budget resolution were extending what went through this once before in the The PRESIDING OFFICER. The as- I call family friendly tax cuts: the tax Reagan era. It did not work then. sistant Democratic leader. credit per child staying at $1,000 per Reagan came back and raised taxes. I Mr. REID. I am wondering if it would child instead of going to $700; marriage do not think it is going to work now. be agreeable to the two managers of penalty relief, so married couples who I will yield the floor with one final the bill that the 6:20 time will now be- have taxable income up to $58,000 will comment. come 6:40? pay a 15-percent rate instead of a 25-

VerDate May 21 2004 06:36 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.085 S22PT1 S7152 CONGRESSIONAL RECORD — SENATE June 22, 2004 percent rate; and an expansion of the ready been agreed to, which in this The PRESIDING OFFICER. Without 10-percent bracket. Those are all fam- case if it has already been agreed to, I objection, it is so ordered. ily friendly. A lot of veterans want ask it be deleted from the list. f those tax cuts, too. The PRESIDING OFFICER. It will be NATIONAL DEFENSE AUTHORIZA- There are a lot of allusions to, we deleted from the list. TION ACT FOR FISCAL YEAR really need higher taxes so we can Mr. LEVIN. Under that cir- 2005—Resumed spend more for veterans. Veterans cumstance. want these tax cuts. A lot of veterans And I ask these be ruled to be pend- Mr. WARNER. Mr. President, I real- have children. A lot of veterans are ing amendments. ize colleagues are perplexed over the married and want to eliminate the The PRESIDING OFFICER. They are lapse of time here, and I assure you, we marriage penalty, at least if they have pending amendments. are working very hard on this bill. I am incomes up to $58,000. That is where the Mr. WARNER. That is provided for going to first thank the staffs on both bulk of the tax cuts we are trying to by the unanimous consent request; am sides, and indeed our staff before us in pass this year are. That is what we as- I not correct? the Parliamentary group, for working sumed in the budget. The PRESIDING OFFICER. That is to make it possible. So I wanted to make those few correct. The PRESIDING OFFICER. The Sen- points. We hope to get the deficit down. Mr. WARNER. The amendments of ator from Virginia is recognized. the Senator from Virginia are pending I believe if we pass the budget, or if we AMENDMENTS NOS. 3329, AS MODIFIED; 3433, AS at the time the Senator from Michigan adhere to the discipline we rec- MODIFIED; 3234, AS MODIFIED; 3471; 3289, AS ommended in the budget, we will have sent his list. MODIFIED; 3179, AS MODIFIED; 3351, AS MODI- The PRESIDING OFFICER. Correct. the deficit down by over $100 billion. FIED; 3239, AS MODIFIED; 3264; 3157, AS MODI- Mr. LEVIN. Well, if the Senator from FIED; 3429; 3327, AS MODIFIED; 3431, AS MODI- We will not if we adopt amendments Virginia would yield, the only reason I FIED; 3337, AS MODIFIED; 3430; 3367; 3198, AS that call for this program to double or made reference to that is that the Sen- MODIFIED; 3365, AS MODIFIED; 3293; 3399, AS another program to double and call it ator from Virginia had made reference MODIFIED; 3325, AS MODIFIED; 3204, AS MODI- all an entitlement. That is a great way to that fact, or that the Presiding Offi- FIED; 3441, AS MODIFIED; 3333, AS MODIFIED; to have runaway spending. 3319; 3339; 3371, AS MODIFIED; AND 3438, AS MODI- cer more accurately said the amend- This amendment is very irrespon- FIED, EN BLOC ments of the Senator from Virginia sible, and I would urge my colleagues Mr. WARNER. I would like now to were now pending. I just wanted the to vote to sustain the budget point of send a package of 26 cleared amend- same ruling. ments to the desk and ask for their order. Mr. WARNER. That is fine. I yield the floor, and I suggest the ab- In addressing my colleague from consideration en bloc. sence of a quorum. Michigan, I speak to the Senate in its The PRESIDING OFFICER. Without The PRESIDING OFFICER. The entirety, if you will give the managers objection, the amendments will be con- clerk will call the roll. of the bill a period of time to look sidered en bloc. Without objection, the amendments The legislative clerk proceeded to through this, we might be able to are agreed to en bloc. call the roll. quickly advise the Senate as to those Mr. WARNER. I ask unanimous con- The amendments were agreed to, as we think we can accept. They will re- sent that the order for the quorum call follows: quire some modification because in the be rescinded. procedure each side has voiced its own AMENDMENT NO. 3329, AS MODIFIED The PRESIDING OFFICER. Without suggestions as to how they will be On page 48, between lines 7 and 8, insert objection, it is so ordered. modified and shortly after we indicate the following: AMENDMENTS NOS. 3433, 3179, 3239, 3429, 3220, 3319, to the Senate those amendments which SEC. 326. AMOUNT FOR RESEARCH AND DEVEL- 3293, 3198, 3431, 3373, 3403, 3325, 3280, 3441, 3442, 3443, OPMENT FOR IMPROVED PREVEN- we require would require more debate 3444, AND 3445, EN BLOC TION OF LEISHMANIASIS. and possibly a recorded vote. Mr. WARNER. I ask unanimous con- (a) INCREASE IN AMOUNT FOR DEFENSE Mr. LEVIN. Mr. President, if the Sen- HEALTH PROGRAM.—The amount authorized sent to authorize the managers of the ator will yield, I fully agree with his to be appropriated by section 303(a)(2) for the bill to offer en bloc amendments from proposed course of action. I am won- Defense Health Program for research, devel- the filed list on my side of the aisle. I dering if he might suggest what that opment, test, and evaluation is hereby in- send to the desk a list of 22 such period of time might be. creased by $500,000, with the amount of the amendments out of some 40 that we Mr. WARNER. Mr. President, I would increase to be available for purposes relating have designated as being filed by Re- to Leishmaniasis Diagnostics Laboratory. like to think a 30-minute time period, (b) INCREASE IN AMOUNT FOR RDT&E, ARMY publican Senators, just slightly over so about 7:20. I can ask for a quorum half. I note the unanimous consent pro- FOR LEISHMANIASIS TOPICAL TREATMENT.— call until such time. The amount authorized to be appropriated vides an exception for the managers’ Mr. LEVIN. That would be fine with by section 201(1) for research, development, amendment which has to be cleared on us. test, and evaluation, Army, as increased by both sides. Mr. WARNER. We will be able to ad- subsection (b), is hereby further increased by The PRESIDING OFFICER. The vise the Senate as to the status of it. $4,500,000, with the amount of the increase to amendments are now pending. The Sen- The PRESIDING OFFICER. The as- be available in Program Element ator from Michigan. sistant Democratic leader. PE 0604807A for purposes relating to Leish- maniasis Topical Treatment. AMENDMENTS NOS. 3157, 3378, 3367, 3423, 3286, 3204, f (c) OFFSET.—The amount authorized to be 3303, 3327, 3328, 3329, 3330, 3203, 3311, 3310, 3400, 3399, appropriated by section 421 is hereby reduced 3365, 3300, 3388, 3336, 3337, 3339, 3201, 3377, 3289, 3234, RECESS by $5,000,000, with the amount of the reduc- 3264, 3355, 3351, AND 3242, EN BLOC Mr. REID. Mr. President, I ask unan- tion to be derived from excess amounts pro- Mr. LEVIN. In accordance with the imous consent that the Senate stand in vided for military personnel of the Air Force. terms of the unanimous consent agree- recess until 7:20 this evening. AMENDMENT NO. 3433, AS MODIFIED ment, I call up the amendments con- There being no objection, the Senate, On page 311, in the table preceding line 1, tained in the list that I now send to the at 6:51 p.m., recessed until 7:20 p.m. and insert after the item relating to Hill Air desk and ask they appear separately in reassembled when called to order by Force Base, Utah, the following new item: the RECORD, that the reading of the the Presiding Officer (Mr. TALENT). amendments be waived. There are 31 The PRESIDING OFFICER. In my amendments here out of a list of 77. capacity as a Senator from Missouri, I Wyoming ...... F.E. Warren Air $5,500,000 The PRESIDING OFFICER. The suggest the absence of a quorum. Force Base. amendments are now pending. The clerk will call the roll. (The amendments are printed in the The assistant legislative clerk pro- On page 311, in the table preceding line 1, RECORD under ‘‘Text of Amendments.’’) ceeded to call the roll. strike the amount identified as the total in Mr. LEVIN. Mr. President, I have Mr. WARNER. Mr. President, I ask the amount column and insert ‘‘$452,023,000’’. been informed that the last item on unanimous consent the order for the On page 314, line 3, insert ‘‘(a) AUTHORIZA- this list, item No. 3242, may have al- quorum call be rescinded. TION OF APPROPRIATIONS.—’’ before ‘‘Funds’’.

VerDate May 21 2004 04:43 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.088 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7153 On page 314, line 7, strike ‘‘$2,487,824,000’’ SEC. 217. PROTOTYPE LITTORAL ARRAY SYSTEM (B) provide the family of each such mem- and insert ‘‘$2,493,324,000’’. FOR OPERATING SUBMARINES. ber of the Armed Forces with information on On page 314, line 10, strike ‘‘$446,523,000’’ (a) INCREASE IN AMOUNT FOR RESEARCH, DE- any change of status, including health or lo- and insert ‘‘$452,023,000’’. VELOPMENT, TEST, AND EVALUATION, NAVY.— cation, of such member during the transpor- On page 315, between lines 3 and 4, insert The amount authorized to be appropriated tation of such member to a treatment des- the following: by section 201(2) for research, development, tination. (b) OFFSET FOR CERTAIN MILITARY CON- test, and evaluation for the Navy is hereby (2) The Secretary shall transmit to Con- STRUCTION PROJECT.—The amount authorized increased by $5,000,000. gress a copy of the procedures prescribed to be appropriated by section 421 for military (b) AVAILABILITY OF AMOUNT.—Of the under paragraph (1). personnel is hereby reduced by $5,500,000, amount authorized to be appropriated by (d) MEDICAL EQUIPMENT AND COMBAT CAS- with the amount of the reduction to be de- section 201(2) for research, development, test, UALTY TECHNOLOGIES.—Of the amount au- rived from excess amounts authorized for and evaluation for the Navy, as increased by thorized to be appropriated by section 201(4) military personnel of the Air Force. subsection (a), $5,000,000 may be available for for research, development, test, and evalua- Program Element PE 0604503N for the de- AMENDMENT NO. 3234, AS MODIFIED tion, Defense-wide activities, $10,000,000 of sign, development, and testing of a prototype the amount in Program Element At the end of subtitle B of title III, add the littoral array system for operating sub- PE 0603826D8Z shall be available for medical following: marines. equipment and combat casualty care tech- SEC. 313. FAMILY READINESS PROGRAM OF THE (c) OFFSET.—The amount authorized to be NATIONAL GUARD. appropriated by section 421 is hereby reduced nologies. (a) AMOUNT FOR PROGRAM.—The amount by $5,000,000, with the amount of the reduc- AMENDMENT NO. 3157, AS MODIFIED authorized to be appropriated by section tion to be derived from excess amounts pro- At the end of subtitle B of title II, add the 301(1) for operation and maintenance for the vided for military personnel of the Air Force. following: Army is hereby increased by $10,000,000 for AMENDMENT NO. 3239, AS MODIFIED SEC. 217. ADVANCED MANUFACTURING TECH- the Family Readiness Program of the Na- On page 19, between lines 19 and 20, insert NOLOGIES AND RADIATION CAS- tional Guard. the following: UALTY RESEARCH. (b) OFFSET.—The amount authorized to be (a) ADDITIONAL AMOUNT FOR ADVANCED SEC. 113. COMMAND-AND-CONTROL VEHICLES OR appropriated by section 421 is hereby reduced FIELD ARTILLERY AMMUNITION MANUFACTURING STRATEGIES.—Of the amount by $10,000,000, with the amount of the reduc- SUPPORT VEHICLES. authorized to be appropriated by section tion to be derived from excess amounts pro- (a) INCREASED AMOUNT FOR PROCUREMENT 201(4) for research, development, test, and vided for military personnel of the Air Force. OF WEAPONS AND TRACKED COMBAT VEHI- evaluation, Defense-wide activities, the AMENDMENT NO. 3471 CLES.—The amount authorized to be appro- amount available for Advanced Manufac- (Purpose: To increase the amount for priated under section 101(3) is hereby in- turing Technologies (PE 0708011S) is hereby RDT&E, Defense-Wide, to provide for joint creased by $5,000,000. increased by $2,000,000. threat warning system maritime variants, (b) AMOUNT FOR COMMAND-AND-CONTROL (b) AMOUNT FOR RADIATION CASUALTY RE- and to provide an offset) VEHICLES OR FIELD ARTILLERY AMMUNITION SEARCH.—Of the amount authorized to be ap- SUPPORT VEHICLES.—Of the amount author- propriated by section 201(4) for research, de- On page 30, between lines 14 and 15, insert ized to be appropriated under section 101(3), velopment, test, and evaluation, Defense- the following: $5,000,000 may be used for the procurement of wide activities, $3,000,000 may be available SEC. 216. SPIRAL DEVELOPMENT OF JOINT command-and-control vehicles or field artil- for Radiation Casualty Research THREAT WARNING SYSTEM MARI- lery ammunition support vehicles. (PE 0603002D8Z). TIME VARIANTS. (c) OFFSET.—The amount authorized to be (c) OFFSET.—The amount authorized to be (a) AMOUNT FOR PROGRAM.—The amount appropriated by section 421 is hereby reduced appropriated by section 421 is hereby reduced authorized to be appropriated by section by $5,000,000, with the amount of the reduc- by $5,000,000, with the amount of the reduc- 201(4) is hereby increased by $2,000,000, with tion to be derived from excess amounts pro- tion to be derived from excess amounts pro- the amount of the increase to be available in vided for military personnel of the Air Force. vided for military personnel of the Air Force. the program element PE 1160405BB for joint AMENDMENT NO. 3264 threat warning system maritime variants. AMENDMENT NO. 3429 (Purpose: To recognize the sacrifices of the (b) OFFSET.—The amount authorized to be (Purpose: To provide exceptions to the bilat- appropriated by section 421 is hereby reduced members of the Armed Forces who are in- eral agreement requirement for transfers by $2,000,000, with the amount of the reduc- jured in combat) of defense items to the United Kingdom tion to be derived from excess amounts pro- At the end of subtitle G of title III, add the and Australia) vided for military personnel of the Air Force. following: On page 272, between the matter following SEC. 364. TRACKING AND CARE OF MEMBERS OF AMENDMENT NO. 3289, AS MODIFIED line 18 and line 19, insert the following: THE ARMED FORCES WHO ARE IN- On page 39, between lines 7 and 8, insert JURED IN COMBAT. SEC. 1055. EXCEPTION TO BILATERAL AGREE- MENT REQUIREMENTS FOR TRANS- the following: (a) FINDINGS.—The Senate makes the fol- FERS OF DEFENSE ITEMS. SEC. 304. AMOUNT FOR ONE SOURCE MILITARY lowing findings: (a) FINDINGS.—Congress makes the fol- COUNSELING AND REFERRAL HOT- (1) Members of the Armed Forces of the lowing findings: LINE. United States place themselves in harm’s (1) Close defense cooperation between the (a) AUTHORIZATION OF APPROPRIATION OF way in the defense of democratic values and ADDITIONAL AMOUNT.—The amount author- to keep the United States safe. United States and each of the United King- ized to be appropriated under section 301(5) is (2) This call to duty has resulted in the ul- dom and Australia requires interoperability hereby increased by $5,000,000, which shall be timate SACRIFICE of members of the Armed among the armed forces of those countries. available (in addition to other amounts Forces of the United States who are killed or (2) The need for interoperability must be available under this Act for the same pur- critically injured while serving the United balanced with the need for appropriate and pose) only for the Department of Defense States. effective regulation of trade in defense One Source counseling and referral hotline. (b) SENSE OF SENATE.—It is the sense of the items. (b) OFFSET.—The amount authorized to be Senate— (3) The Arms Export Control Act (22 U.S.C. appropriated by section 421 is hereby reduced (1) to honor the SACRIFICE of the mem- 2751 et seq.) authorizes the executive branch by $5,000,000, with the amount of the reduc- bers of the Armed Forces who have been to administer arms export policies enacted tion to be derived from excess amounts pro- killed or critically wounded while serving by Congress in the exercise of its constitu- vided for military personnel of the Air Force. the United States; tional power to regulate commerce with for- AMENDMENT NO. 3179, AS MODIFIED (2) to recognize the heroic efforts of the eign nations. (4) The executive branch has exercised its On page 30, between lines 14 and 15, insert medical personnel of the Armed Forces in authority under the Arms Export Control the following: treating wounded military personnel and ci- vilians; and Act, in part, through the International Traf- SEC. 217. ADVANCED FERRITE ANTENNA. (3) to support advanced medical tech- fic in Arms Regulations. (a) AMOUNT FOR DEVELOPMENT AND TEST- nologies that assist the medical personnel of (5) Agreements to gain exemption from the ING.—Of the amount authorized to be appro- the Armed Forces in saving lives and reduc- International Traffic in Arms Regulations priated under section 201(2), $3,000,000 may be ing disability rates for members of the must be submitted to Congress for review. available for development and testing of the Armed Forces. (b) DEFINITIONS.—In this section: Advanced Ferrite Antenna. (c) PROCEDURES FOR TRACKING OF WOUNDED (1) APPROPRIATE CONGRESSIONAL COMMIT- (b) OFFSET.—The amount authorized to be FROM COMBAT ZONES.—(1) Not later than 60 TEES.—The term ‘‘appropriate congressional appropriated by section 421 is hereby reduced days after the date of the enactment of this committees’’ means— by $3,000,000, with the amount of the reduc- Act, the Secretary of Defense shall prescribe (A) the Committee on Foreign Relations tion to be derived from excess amounts pro- in regulations procedures for the Depart- and the Committee on Armed Services of the vided for military personnel of the Air Force. ment of Defense to— Senate; and AMENDMENT NO. 3351, AS MODIFIED (A) notify the family of each member of (B) the Committee on International Rela- At the end of subtitle B of title II, add the the Armed Forces who is injured in a combat tions and the Committee on Armed Services following: zone regarding such injury; and of the House of Representatives.

VerDate May 21 2004 06:36 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.025 S22PT1 S7154 CONGRESSIONAL RECORD — SENATE June 22, 2004

(2) DEFENSE ITEMS.—The term ‘‘defense actment of this Act and annually thereafter States to gain exemption from the licensing items’’ has the meaning given the term in for each of the following 5 years, the Presi- requirements of the Arms Export Control section 38 of the Arms Export Control Act (22 dent shall submit to the appropriate congres- Act. U.S.C. 2778). sional committees a report on issues raised (g) SPECIAL NOTIFICATIONS.— during the previous year in consultations (3) INTERNATIONAL TRAFFIC IN ARMS REGU- (1) REQUIRED NOTIFICATIONS.—The Sec- LATIONS.—The term ‘‘International Traffic in conducted under the terms of any bilateral retary of State shall notify the appropriate Arms Regulations’’ means the regulations agreement entered into with Australia under congressional committees not later than 90 section 38(j) of the Arms Export Control Act, maintained under parts 120 through 130 of days after receiving any credible informa- or under the terms of any bilateral agree- title 22, Code of Federal Regulations, and tion regarding an unauthorized end-use or di- ment entered into with the United Kingdom any successor regulations. version of United States exports of goods or under such section, for exemption from the (c) EXCEPTIONS FROM BILATERAL AGREE- services made pursuant to any agreement licensing requirements of the Arms Export MENT REQUIREMENTS.— with a country to gain exemption from the (1) IN GENERAL.—Subsection (j) of section Control Act (22 U.S.C. 2751 et seq.). Each report shall contain— licensing requirements of the Arms Export 38 of the Arms Export Control Act (22 U.S.C. Control Act. The notification shall be made 2778) is amended— (1) information on any notifications or consultations between the United States and in a manner that is consistent with any on- (A) by redesignating paragraph (4) as para- going efforts to investigate and commence graph (5); and the United Kingdom under the terms of any agreement with the United Kingdom, or be- civil actions or criminal investigations or (B) by inserting after paragraph (3) the fol- prosecutions regarding such matters and lowing new paragraph (4): tween the United States and Australia under the terms of any agreement with Australia, may be made in classified or unclassified ‘‘(4) EXCEPTIONS FROM BILATERAL AGREE- form. MENT REQUIREMENTS.— concerning the modification, deletion, or addition of defense items on the United States (2) CONTENT.—The notification regarding ‘‘(A) AUSTRALIA.—Subject to section 1055 of an unauthorized end-use or diversion of the National Defense Authorization Act for Munitions List, the United Kingdom Mili- tary List, or the Australian Defense and goods or services under paragraph (1) shall Fiscal Year 2005, the requirements for a bi- include— lateral agreement described in paragraph Strategic Goods List; (2) a list of all United Kingdom or Aus- (A) a description of the goods or services; (2)(A) shall not apply to a bilateral agree- (B) the United States origin of the good or ment between the United States Government tralia persons and entities that have been designated as qualified persons eligible to re- service; and the Government of Australia with re- (C) the authorized recipient of the good or spect to transfers or changes in end use of ceive United States origin defense items exempt from the licensing requirements of the service; defense items within Australia that will re- (D) a detailed description of the unauthor- main subject to the licensing requirements Arms Export Control Act under the terms of such agreements, and listing any modifica- ized end-use or diversion, including any of this Act after such agreement enters into knowledge by the United States exporter of force. tion, deletion, or addition to such lists, pursuant to the requirements of any agreement such unauthorized end-use or diversion; ‘‘(B) UNITED KINGDOM.—Subject to section with the United Kingdom or any agreement (E) any enforcement action taken by the 1055 of the National Defense Authorization with Australia; Government of the United States; and Act for Fiscal Year 2005, the requirements (3) information on consultations or steps (F) any enforcement action taken by the for a bilateral agreement described in para- taken pursuant to any agreement with the government of the recipient nation. graphs (1)(A)(ii), (2)(A)(i), and (2)(A)(ii) shall United Kingdom or any agreement with Aus- not apply to a bilateral agreement between AMENDMENT NO. 3327, AS MODIFIED tralia concerning cooperation and consulta- the United States Government and the Gov- tion with either government on the effec- On page 247, between lines 13 and 14, insert ernment of the United Kingdom for an ex- tiveness of the defense trade control systems the following: emption from the licensing requirements of of such government; this Act.’’. SEC. 1022. REPORT ON ESTABLISHING NATIONAL (4) information on provisions and proce- CENTERS OF EXCELLENCE FOR UN- (2) CONFORMING AMENDMENT.—Paragraph dures undertaken pursuant to— (2) of such subsection is amended in the mat- MANNED AERIAL AND GROUND VE- (A) any agreement with the United King- HICLES. ter preceding subparagraph (A) by striking dom with respect to the handling of United (a) REPORT REQUIRED.—Not later than 120 ‘‘A bilateral agreement’’ and inserting ‘‘Ex- States origin defense items exempt from the days after the date of the enactment of this cept as provided in paragraph (4), a bilateral licensing requirements of the Arms Export Act, the Secretary of Defense shall submit to agreement’’. Control Act by persons and entities qualified (d) CERTIFICATIONS.—Not later than 30 days the congressional defense committees a re- to receive such items in the United Kingdom; before authorizing an exemption from the li- port on the need for one or more national and censing requirements of the International centers of excellence for unmanned aerial (B) any agreement with Australia with re- Traffic in Arms Regulations in accordance and ground vehicles. with any bilateral agreement entered into spect to the handling of United States origin defense items exempt from the licensing re- (b) GOAL OF CENTERS.—The goal of the cen- with the United Kingdom or Australia under ters covered by the report is to promote section 38(j) of the Arms Export Control Act quirements of the Arms Export Control Act by persons and entities qualified to receive interservice cooperation and coordination in (22 U.S.C. 2778(j)), as amended by subsection the following areas: (c), the President shall certify to the appro- such items in Australia; (5) information on any new under- (1) Development of joint doctrine for the priate congressional committees that such organization, training, and use of unmanned agreement— standings, including the text of such under- standings, between the United States and aerial and ground vehicles. (1) is in the national interest of the United (2) Joint research, development, test, and States and will not in any way affect the the United Kingdom concerning retransfer of United States origin defense items made pur- evaluation, and joint procurement of un- goals and policy of the United States under manned aerial and ground vehicles. section 1 of the Arms Export Control Act (22 suant to any agreement with the United Kingdom to gain exemption from the licens- (3) Identification and coordination, in con- U.S.C. 2751); junction with the private sector and aca- (2) does not adversely affect the efficacy of ing requirements of the Arms Export Control Act; demia, of the future development of un- the International Traffic in Arms Regula- manned aerial and ground vehicles. tions to provide consistent and adequate (6) information on consultations with the Government of the United Kingdom or the (4) Monitoring of the development and uti- controls for licensed exports of United States lization of unmanned aerial and ground vehi- defense items; and Government of Australia concerning the legal enforcement of any such agreements; cles in other nations for both military and (3) will not adversely affect the duties or non-military purposes. requirements of the Secretary of State under (7) information on United States origin defense items with respect to which the United (5) The providing of joint training and pro- the Arms Export Control Act. fessional development opportunities in the (e) NOTIFICATION OF BILATERAL LICENSING States has provided an exception under the use and operation of unmanned aerial and EXEMPTIONS.—Not later than 30 days before Memorandum of Understanding between the ground vehicles to military personnel of all authorizing an exemption from the licensing United States and the United Kingdom and ranks and levels of responsibility. requirements of the International Traffic in any agreement between the United States Arms Regulations in accordance with any bi- and Australia from the requirement for (c) REPORT REQUIREMENTS.—The report lateral agreement entered into with the United States Government re-export consent shall include, at a minimum, the following: United Kingdom or Australia under section that was not provided for under United (1) A list of facilities where the Defense De- 38(j) of the Arms Export Control Act (22 States laws and regulations in effect on the partment currently conducts or plans to con- U.S.C. 2778(j)), as amended by subsection (c), date of the enactment of this Act; and duct research, development, and testing ac- the President shall submit to the appro- (8) information on any significant concerns tivities on unmanned aerial and ground vehi- priate congressional committees the text of that have arisen between the Government of cles. the regulations that authorize such a licens- Australia or the Government of the United (2) A list of facilities where the Depart- ing exemption. Kingdom and the United States Government ment of Defense currently deploys or has (f) REPORT ON CONSULTATION ISSUES.—Not concerning any aspect of any bilateral agree- committed to deploying unmanned aerial or later than one year after the date of the en- ment between such country and the United ground vehicles.

VerDate May 21 2004 04:43 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.028 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7155 (3) The extent to which existing facilities practicable, the President shall require, as a (I) The adequacy of spectrum and band- described in paragraphs (1) and (2) have suffi- condition of the transfer of a vessel under width to transmit information to oper- cient unused capacity and expertise to re- this section, that the country to which the ational forces and assets, including un- search, develop, test, and deploy the current vessel is transferred have such repair or re- manned aerial vehicles, ground vehicles, and and next generations of unmanned aerial and furbishment of the vessel as is needed, before individual soldiers. ground vehicles and to provide for the devel- the vessel joins the naval forces of that (J) The effectiveness of strategic, oper- opment of doctrine on the use and training country, performed at a shipyard located in ational, and tactical information operations, of operators of such vehicles. the United States, including a United States including psychological operations and as- (4) The extent to which efficiencies on re- Navy shipyard. sets, organization, and doctrine related to search, development, testing, and deploy- (f) EXPIRATION OF AUTHORITY.— The au- civil affairs, in achieving established objec- ment of existing or future unmanned aerial thority to transfer a vessel under this sec- tives, together with a description of techno- and ground vehicles can be achieved through tion shall expire at the end of the two-year logical and other restrictions on the use of consolidation at one or more national cen- period beginning on the date of the enact- information operations capabilities. ters of excellence for unmanned aerial and ment of this Act. (K) The readiness of the reserve component ground vehicles. AMENDMENT NO. 3337, AS MODIFIED forces used in the post-major combat oper- (5) A list of potential locations for national At the end of subtitle C of title X, add the ations phase of Operation Iraqi Freedom, in- centers of excellence. following: cluding an assessment of the success of the (d) CONSIDERATIONS.—In determining the SEC. 1022. REPORT ON POST-MAJOR COMBAT OP- reserve component forces in accomplishing potential locations for the national centers ERATIONS PHASE OF OPERATION their missions. of excellence under this section, the Sec- IRAQI FREEDOM. (L) The adequacy of intelligence support retary of Defense shall take into consider- (a) REPORT REQUIRED.—(1) Not later than during the post-major combat operations ation existing Air Force facilities that March 31, 2005, the Secretary of Defense shall phase of Operation Iraqi Freedom, including have— submit to the congressional defense commit- the adequacy of such support in searches for (1) a workforce of skilled personnel; tees a report on the conduct of military op- weapons of mass destruction. (2) existing capacity of runways and other erations during the post-major combat oper- (M) The rapid insertion and integration, if facilities to accommodate the research, test- ations phase of Operation Iraqi Freedom. any, of developmental but mission-essential ing, and deployment of current and future (2) The report shall be prepared in con- equipment, organizations, or procedures dur- unmanned aerial vehicles; and sultation with the Chairman of the Joint ing the post-major combat operations phase Chiefs of Staff, the Commander of the United (3) minimal restrictions on the research, of Operation Iraqi Freedom. States Central Command, and such other of- development, and testing of unmanned aerial (N) A description of the coordination, com- ficials as the Secretary considers appro- vehicles resulting from proximity to large munication, and unity of effort between the priate. population centers or airspace heavily uti- Armed Forces, the Coalition Provisional Au- lized by commercial flights. (b) CONTENT.—(1) The report shall include a discussion of the matters described in para- thority, other United States government AMENDMENT NO. 3431, AS MODIFIED graph (2), with a particular emphasis on ac- agencies and organizations, nongovern- On page 243, after the matter following line complishments and shortcomings and on mental organizations, and political, security, 18, insert the following: near-term and long-term corrective actions and nongovernmental organizations of Iraq, SEC. 1014. AUTHORITY TO TRANSFER NAVAL VES- to address such shortcomings. including an assessment of the effectiveness SELS TO CERTAIN FOREIGN COUN- (2) The matters to be discussed in the re- of such efforts. TRIES. port are as follows: (O) The adequacy of training for military (a) AUTHORITY TO TRANSFER BY GRANT.— (A) The military and political objectives of units once deployed to the United States The Secretary of the Navy is authorized to the international coalition conducting the Central Command, including training for transfer vessels to foreign countries on a post-major combat operations phase of Oper- changes in unit mission and continuation grant basis under section 516 of the Foreign ation Iraqi Freedom, and the military strat- training for high-intensity conflict missions. Assistance Act of 1961 (22 U.S.C. 2321j) as fol- egy selected to achieve such objectives, to- (P) An estimate of the funding required to lows: gether with an assessment of the execution return or replace equipment used to date in (1) CHILE.—To the Government of Chile, of the military strategy. Operation Iraqi Freedom, including equip- the SPRUANCE class destroyer O’BANNON (B) The mobilization process for the re- ment in prepositioned stocks, to mission- (DD 987). serve components of the Armed Forces, in- ready condition. (2) PORTUGAL.—To the Government of Por- cluding the timeliness of notification, train- (Q) A description of military civil affairs tugal, the OLIVER HAZARD PERRY class ing and certification, and subsequent demo- and reconstruction efforts, including guided missile frigate GEORGE PHILIP bilization. through the Commanders Emergency Re- (FFG 12) and the OLIVER HAZARD PERRY (C) The use and performance of major sponse Program, and an assessment of the ef- class guided missile frigate USS SIDES (FFG items of United States military equipment, fectiveness of such efforts and programs. 14). weapon systems, and munitions (including (R) The adequacy of the requirements de- (b) AUTHORITY TO TRANSFER BY SALE.—The non-lethal weapons and munitions, items termination and acquisition processes, ac- Secretary of the Navy is authorized to trans- classified under special access procedures, quisition, and distribution of force protec- fer vessels to foreign countries on a sale and items drawn from prepositioned stocks) tion equipment, including personal gear, ve- basis under section 21 of the Arms Export and any expected effects of the experience hicles, helicopters, and defense devices. Control Act (22 U.S.C. 2761) as follows: with the use and performance of such items (S) The most critical lessons learned that (1) TAIWAN.—To the Taipei Economic and on the doctrinal and tactical employment of could lead to long-term doctrinal, organiza- Cultural Representative Office in the United such items and on plans for continuing the tional, and technological changes, and the States (which is the Taiwan instrumentality acquisition of such items. probable effects that an implementation of designated pursuant to section 10(a) of the (D) Any additional requirements for mili- those changes would have on current visions, Taiwan Relations Act), the ANCHORAGE tary equipment, weapon systems, munitions, goals, and plans for transformation of the class dock landing ship ANCHORAGE (LSD force structure, or other capability identi- Armed Forces or the Department of Defense. 36). fied during the post-major combat oper- (T) The planning for and implementation (2) CHILE.—To the Government of Chile, ations phase of Operation Iraqi Freedom, in- of morale, welfare, and recreation programs the SPRUANCE class destroyer FLETCHER cluding changes in type or quantity for fu- for deployed forces and support to depend- (DD 992). ents, including rest and recuperation pro- (c) GRANTS NOT COUNTED IN ANNUAL TOTAL ture operations. (E) The effectiveness of joint air oper- grams and personal communication benefits OF TRANSFERRED EXCESS DEFENSE ARTI- such as telephone, mail, and email services, CLES.—The value of a vessel transferred to ations, together with an assessment of the effectiveness of— including an assessment of the effectiveness another country on a grant basis under sec- of such programs. tion 516 of the Foreign Assistance Act of 1961 (i) the employment of close air support; (U) An analysis of force rotation plans, in- (22 U.S.C. 2321j) pursuant to authority pro- and cluding individual personnel and unit rota- vided by subsection (a) shall not be counted (ii) attack helicopter operations. tions, differing deployment lengths, and infor the purposes of subsection (g) of that sec- (F) The use of special operations forces, in- theater equipment repair and leave behinds. tion in the aggregate value of excess defense cluding operational and intelligence uses. articles transferred to countries under that (G) The scope of logistics support, includ- (c) FORM OF REPORT.—The report shall be section in any fiscal year. ing support to and from other nations and submitted in unclassified form, but may in- (d) COSTS OF TRANSFERS.—Any expense in- from international organizations and organi- clude a classified annex. curred by the United States in connection zations and individuals from the private sec- (d) POST-MAJOR COMBAT OPERATIONS PHASE with a transfer authorized by this section tor in Iraq. OF OPERATION IRAQI FREEDOM DEFINED.—In shall be charged to the recipient (notwith- (H) The incidents of accidental fratricide, this section, the term ‘‘post-major combat standing section 516(e)(1) of the Foreign As- including a discussion of the effectiveness of operations phase of Operation Iraqi Free- sistance Act of 1961 (22 U.S.C. 2321j(e)(1)). the tracking of friendly forces and the use of dom’’ means the period of Operation Iraqi (e) REPAIR AND REFURBISHMENT IN UNITED the combat identification systems in miti- Freedom beginning on May 2, 2003, and end- STATES SHIPYARDS.—To the maximum extent gating friendly fire incidents. ing on December 31, 2004.

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AMENDMENT NO. 3430 ber of qualified entry-level language ana- eral shall submit to Congress an analysis of (Purpose: To improve authorities under the lysts and intelligence analysts available to the potential for use of transitional benefit alternative authority for acquisition and the National Security Agency and the other corporations in connection with competitive improvement of military housing) elements of the intelligence community sourcing of the performance of activities and through the directed preparation and re- functions of the Department of Defense. At the end of subtitle A of title XXVIII, cruitment of qualified entry-level language (b) SPECIFIC ISSUES.—The analysis under add the following: analysts and intelligence analysts who com- this section shall— SEC. 2804. MODIFICATION OF AUTHORITIES mit to a period of service or a career in the (1) address the capabilities of transitional UNDER ALTERNATIVE AUTHORITY intelligence community. benefit corporations— FOR ACQUISITION AND IMPROVE- MENT OF MILITARY HOUSING. (c) PROGRAM SCOPE.—The pilot program (A) to preserve human capital and surge shall be national in scope. capability; (a) REQUIREMENTS FOR CONTRACTS FOR (d) PROGRAM PARTICIPANTS.—(1) Subject to (B) to promote economic development and LEASING OF HOUSING.—Section 2874 of title 10, United States Code, is amended by strik- the provisions of this subsection, the Direc- job creation; ing subsection (b) and inserting the following tor shall select the participants in the pilot (C) to generate cost savings; and new subsection (b): program from among individuals qualified to (D) to generate efficiencies that are com- participate in the pilot program utilizing parable to or exceed the efficiencies that re- ‘‘(b) CONTRACT TERMS.—Any contract for the lease of housing units under subsection such procedures as the Director considers ap- sult from competitive sourcing carried out (a) shall include the following provisions: propriate for purposes of the pilot program. by the Department of Defense under the pro- ‘‘(1) That the obligation of the United (2) Each individual who receives financial cedures applicable to competitive sourcing States to make payments under such con- assistance under the pilot program shall per- by the Department of Defense; and tract in any fiscal year shall be subject to form one year of obligated service with the (2) identify areas within the Department of appropriations being available for such fiscal National Security Agency, or another ele- Defense in which transitional benefit cor- year and specifically for the project covered ment of the intelligence community ap- porations could be used to add value, reduce by such contract. proved by the Director, for each academic costs, and provide opportunities for bene- ‘‘(2) A commitment to obligate the nec- year for which such individual receives such ficial use of employees and other resources essary amount for a fiscal year covered by financial assistance upon such individual’s that are displaced by competitive sourcing of such contract when and to the extent that completion of post-secondary education. the performance of activities and functions funds are appropriated for the project cov- (3) Each individual selected to participate of the Department of Defense. ered by such contract. in the pilot program shall be qualified for a (d) TRANSITIONAL BENEFIT CORPORATION ‘‘(3) That the commitment described in security clearance appropriate for the indi- DEFINED.—In this section, the term ‘‘transi- paragraph (2) does not constitute an obliga- vidual under the pilot program. tional benefit corporation’’ means a corporation of the United States.’’. (4) The total number of participants in the tion that facilitates the transfer of des- pilot program at any one time may not ex- ignated (usually underutilized) real estate, (b) INVESTMENTS SUBJECT TO AVAILABILITY ceed 400 individuals. equipment, intellectual property, or other OF APPROPRIATIONS.—Section 2875(a) of such title is amended by inserting ‘‘, subject to (e) PROGRAM MANAGEMENT.—In carrying assets of the United States to the private the availability of appropriations for such out the pilot program, the Director shall— sector in a process that enables employees of purpose,’’ after ‘‘may’’. (1) identify individuals interested in work- the United States in positions associated ing in the intelligence community, and com- with the use of such assets to retain eligi- (c) REPEAL OF CERTAIN AUTHORITIES.— mitted to taking college-level courses that bility for Federal employee benefits and to (1) RENTAL GUARANTEES.—Section 2876 of such title is repealed. will better prepare them for a career in the continue to accrue those benefits. intelligence community as a language ana- (2) DIFFERENTIAL LEASE PAYMENTS.—Sec- AMENDMENT NO. 3399, AS MODIFIED tion 2877 of such title is repealed. lysts or intelligence analyst; On page 247, between lines 13 and 14, insert (2) provide each individual selected for par- (3) ASSIGNMENT OF MEMBERS OF THE ARMED the following: ticipation in the pilot program— FORCES TO HOUSING UNITS.—Section 2882 of (A) financial assistance for the pursuit of SEC. 1022. COMPTROLLER GENERAL STUDY OF such title is repealed. PROGRAMS OF TRANSITION ASSIST- courses at institutions of higher education (d) INCREASE IN AMOUNT OF BUDGET AU- ANCE FOR PERSONNEL SEPARATING selected by the Director in fields of study THORITY FOR MILITARY FAMILY HOUSING.— FROM THE ARMED FORCES. Section 2883(g)(1) of such title is amended by that will qualify such individual for employ- (a) REQUIREMENT FOR STUDY.—The Comp- striking ‘‘$850,000,000’’ and inserting ment by an element of the intelligence com- troller General shall carry out a study of the ‘‘$850,000,001’’. munity as a language analyst or intelligence programs of the Department of Defense and analyst; and (e) CLERICAL AMENDMENTS.—The table of other departments and agencies of the Fed- sections at the beginning of subchapter IV of (B) educational counseling on the selection eral Government under which transition as- chapter 169 of such title is amended by strik- of courses to be so pursued; and sistance is provided to personnel who are ing the items relating to sections 2876, 2877, (3) provide each individual so selected in- separating from active duty service in the and 2882. formation on the opportunities available for Armed Forces. employment in the intelligence community. (b) REPORT.—Not later than 180 days after AMENDMENT NO. 3367 (f) DURATION OF PROGRAM.—(1) The Direc- the date of the enactment of this Act, the (Purpose: To amend title 10, United States tor shall terminate the pilot program not Comptroller General shall submit a report on Code, to exempt abortions of pregnancies later than six years after the date of the en- the results of the study to the Committees in cases of rape and incest from a limita- actment of this Act. on Armed Services of the Senate and the tion on use of Department of Defense (2) The termination of the pilot program House of Representatives. The report shall funds) under paragraph (1) shall not prevent the Di- include the following matters: On page 147, after line 21, add the fol- rector from continuing to provide assistance, (1) Regarding the transition assistance pro- lowing: counseling, and information under sub- grams under section 1142 and 1144 of title 10, SEC. ll. USE OF DEPARTMENT OF DEFENSE section (e) to individuals who are partici- United States Code— FUNDS FOR ABORTIONS IN CASES pating in the pilot program on the date of (A) an analysis of the extent to which such OF RAPE AND INCEST. termination of the pilot program throughout programs are meeting the current needs of Section 1093(a) of title 10, United States the academic year in progress as of that members of the Armed Forces as such per- Code, is amended by inserting before the pe- date. sonnel are discharged or released from active riod at the end the following: ‘‘ or in a case AMENDMENT NO. 3293 duty, including— in which the pregnancy is the result of an (Purpose: To require a GAO analysis of the (i) a discussion of the original purposes of act of rape or incest’’. potential for using transitional benefit cor- the programs; AMENDMENT NO. 3198, AS MODIFIED porations in connection with competitive (ii) a discussion of how the programs are On page 269, line 20, strike ‘‘$150,000,000’’ sourcing of the performance of activities currently being administered in relationship and insert ‘‘$250,000,000’’. and functions of the Department of De- to those purposes; and fense) (iii) an assessment of whether the pro- AMENDMENT NO. 3365, AS MODIFIED grams are adequate to meet the current On page 247, between lines 13 and 14, insert At the end of subtitle G of title X, add the needs of members of the reserve components, the following: following: including the National Guard; and SEC. 1068. PILOT PROGRAM ON CRYPTOLOGIC SEC. 1022. COMPTROLLER GENERAL ANALYSIS (B) any recommendations that the Comp- SERVICE TRAINING. OF USE OF TRANSITIONAL BENEFIT troller General considers appropriate for im- CORPORATIONS IN CONNECTION (a) PROGRAM AUTHORIZED.—The Director of WITH COMPETITIVE SOURCING OF proving such programs, including any rec- the National Security Agency may carry out PERFORMANCE OF DEPARTMENT OF ommendation regarding whether participa- a pilot program on cryptologic service train- DEFENSE ACTIVITIES AND FUNC- tion by members of the Armed Forces in ing for the intelligence community. TIONS. such programs should be required. (b) OBJECTIVE OF PROGRAM.—The objective (a) REQUIREMENT FOR ANALYSIS.—Not later (2) An analysis of the differences, if any, of the pilot program is to increase the num- than February 1, 2005, the Comptroller Gen- among the Armed Forces and among the

VerDate May 21 2004 04:43 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.030 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7157 commands of military installations of the (B) the extent to which Armed Forces per- the Administrator of the Small Business Ad- Armed Forces regarding how transition as- sonnel waive the physical examinations; and ministration, representatives of other appro- sistance is being provided under the transi- (C) how, and the extent to which, Armed priate executive agencies, and representation assistance programs, together with any Forces personnel are referred for followup tives of Veterans’ Business Outreach Centers recommendations that the Comptroller Gen- health care. and Small Business Development Centers. eral considers appropriate— (9) A discussion of the current process by ‘‘(2) The Secretary concerned may provide (A) to achieve uniformity in the provision which mental health screenings are con- for the counseling under paragraph (11) of of assistance under such programs; and ducted, followup mental health care is pro- subsection (b) to be offered at medical cen- (B) to ensure that the transition assistance vided for, and services are provided in cases ters of the Department of Veterans Affairs as is provided under such programs to members of post-traumatic stress disorder and related well as the medical care facilities of the uni- of the Armed Forces who are being separated conditions for members of the Armed Forces formed services and other facilities at which at medical facilities of the uniformed serv- in connection with discharge and release the counseling on the other matters required ices or Department of Veterans Affairs med- from active duty, together with— under such subsection is offered. The access ical centers and to Armed Forces personnel (A) for each of the Armed Forces, the proof representatives described in paragraph (1) on a temporary disability retired list under grams that are in place to identify and treat to a member of the armed forces to provide section 1202 or 1205 of title 10, United States cases of post-traumatic stress disorder and such counseling shall be subject to the con- Code. related conditions; and sent of that member.’’. (3) An analysis of the relationship of De- (B) for persons returning from deployments AMENDMENT NO. 3325, AS MODIFIED partment of Defense transition assistance in connection with Operation Enduring Free- Strike section 867, and insert the fol- programs to the transition assistance pro- dom and Operation Iraqi Freedom— lowing: (i) the number of persons treated as a re- grams of the Department of Veterans Affairs SEC. 867. CONTRACTING WITH EMPLOYERS OF and the Department of Labor, including the sult of such screenings; and PERSONS WITH DISABILITIES. relationship of the benefits delivery at dis- (ii) the types of interventions. (a) INAPPLICABILITY OF RANDOLPH- (c) ACQUISITION OF SUPPORTING INFORMA- charge program carried out jointly by the SHEPPARD ACT.—The Randolph-Sheppard Act Department of Defense and the Department TION.—In carrying out the study under this does not apply to any contract described in of Veterans Affairs to the other transition section, the Comptroller General shall seek subsection (b) for so long as the contract is assistance programs. to obtain views from the following persons: in effect, including for any period for which (4) The rates of participation of Armed (1) The Secretary of Defense and the Secre- the contract is extended pursuant to an op- Forces personnel in the transition assistance taries of the military departments. tion provided in the contract. programs, together with any recommenda- (2) The Secretary of Veterans Affairs. (b) JAVITS-WAGNER-O’DAY CONTRACTS.— tions that the Comptroller General considers (3) The Secretary of Labor. Subsection (a) applies to any contract for appropriate to increase such participation (4) Armed Forces personnel who have re- the operation of a military mess hall, mili- rates, including any revisions of such pro- ceived transition assistance under the pro- tary troop dining facility, or any similar din- grams that could result in increased partici- grams covered by the study and Armed ing facility operated for the purpose of pro- pation. Forces personnel who have declined to ac- viding meals to members of the Armed (5) An assessment of whether the transi- cept transition assistance offered under such Forces that— tion assistance information provided to programs. (1) was entered into before the date of the Armed Forces personnel omits transition in- (5) Representatives of military service or- enactment of this Act with a nonprofit agen- formation that would be beneficial to such ganizations and representatives of veterans’ cy for the blind or an agency for other se- personnel, including an assessment of the ex- service organizations. verely handicapped in compliance with sec- tent to which information is provided under (6) Persons having expertise in health care tion 3 of the Javits-Wagner-O’Day Act (41 the transition assistance programs regarding (including mental health care) provided U.S.C. 48); and participation in Federal Government pro- under the Defense Health Program, including (2) either— curement opportunities available at prime Department of Defense personnel, Depart- (A) is in effect on such date; or contract and subcontract levels to veterans ment of Veterans Affairs personnel, and per- (B) was in effect on the date of the enact- with service-connected disabilities and other sons in the private sector. ment of the National Defense Authorization veterans, together with any recommenda- SEC. 1023. STUDY ON COORDINATION OF JOB Act for Fiscal Year 2004 (Public Law 108–136). TRAINING AND CERTIFICATION tions that the Comptroller General considers (c) REPEAL OF SUPERSEDED LAW.—Section STANDARDS. appropriate regarding additional informa- 852 of the National Defense Authorization (a) REQUIREMENT FOR STUDY.—The Sec- tion that should be provided and any other Act for Fiscal Year 2004 (Public Law 108–136; retary of Defense and the Secretary of Labor recommendations that the Comptroller Gen- 117 Stat. 1556) is repealed. shall jointly carry out a study to determine eral considers appropriate for enhancing the ways to coordinate the standards applied by AMENDMENT NO. 3204, AS MODIFIED provision of counseling on such procurement the Armed Forces for the training and cer- On page 372, after line 17, insert the fol- opportunities. tification of members of the Armed Forces in lowing: (6) An assessment of the extent to which military occupational specialties with the SEC. 2844. COMPTROLLER GENERAL REPORT ON representatives of military service organiza- standards that are applied to corresponding CLOSURE OF DEPARTMENT OF DE- tions and veterans’ service organizations are civilian occupations by occupational licens- FENSE DEPENDENT ELEMENTARY afforded opportunities to participate, and do ing or certification agencies of governments AND SECONDARY SCHOOLS AND participate, in preseparation briefings under COMMISSARY STORES. and occupational certification agencies in transition assistance programs, together (a) COMPTROLLER GENERAL REPORT.—Not the private sector. with any recommendations that the Comp- later than 180 days after the date of the en- (b) REPORT.—Not later than 180 days after troller General considers appropriate regard- the date of the enactment of this Act, the actment of this Act, the Comptroller General ing how representatives of such organiza- Secretary of Labor shall submit a joint re- of the United States shall submit to the ap- tions could better be used to disseminate port on the results of the study under sub- propriate committees of Congress a report transition assistance information and pro- section (a) to Congress. that includes the following: vide preseparation counseling to Armed (1) With respect to Department of Defense SEC. 1024. CONTENT OF PRESEPARATION COUN- Forces personnel, including personnel of the SELING FOR PERSONNEL SEPA- dependent elementary and secondary reserve components who are being released RATING FROM ACTIVE DUTY SERV- schools— from active duty for continuation of service ICE. (A) an assessment by the Comptroller Gen- in the reserve components. Section 1142 of title 10, United States Code, eral of the policy of the Department of De- (7) An analysis of the use of post-deploy- is amended— fense, and the criteria utilized by the De- ment and predischarge health screenings, to- (1) by adding at the end of subsection (b) partment, regarding the closure of schools, gether with any recommendations that the the following new paragraph: including whether or not such policy and cri- Comptroller General considers appropriate ‘‘(11) Information on participation in Fed- teria are consistent with Department poli- regarding whether and how to integrate the eral Government procurement opportunities cies and procedures on the preservation of health screening process and the transition that are available at the prime contract the quality of life of members of the Armed assistance programs into a single, coordi- level and at subcontract levels to veterans Forces; and nated preseparation program for Armed with service-connected disabilities and other (B) an assessment by the Comptroller Gen- Forces personnel being discharged or re- veterans.’’; and eral of any current or on-going studies or as- leased from active duty. (2) by adding at the end the following new sessments of the Department with respect to (8) An analysis of the processes of the subsection: any of the schools. Armed Forces for conducting physical ex- ‘‘(d) REQUIREMENTS RELATING TO COUN- (2) With respect to commissary stores— aminations of members of the Armed Forces SELING ON PROCUREMENT OPPORTUNITIES.—(1) (A) an assessment by the Comptroller Gen- in connection with discharge and release For the counseling under subsection (b)(11), eral of the policy of the Department of De- from active duty, including— the Secretary concerned may provide for fense, and the criteria utilized by the De- (A) how post-deployment questionnaires participation of representatives of the Sec- partment, regarding the closure of com- are used; retary of Veterans Affairs, representatives of missary stores, including whether or not

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such policy and criteria are consistent with (d) SOURCE SELECTION FOR INTEGRATED MENT.—Sections 812, 813, and 814 of the Na- Department policies and procedures on the SUPPORT OF AERIAL REFUELING AIRCRAFT tional Defense Authorization Act for Fiscal preservation of the quality of life of mem- FLEET.—For the selection of a provider of in- Year 2004 (Public Law 108–136; 117 Stat. 1542, bers of the Armed Forces; and tegrated support for the aerial refueling air- 1543, 1545; 10 U.S.C. 2501 note) are repealed. (B) an assessment by the Comptroller Gen- craft fleet in any acquisition by lease or (b) ELIMINATION OF UNRELIABLE SOURCE FOR eral of any current or on-going studies or as- other contract of aerial refueling aircraft for ITEMS AND COMPONENTS.—Section 821 of such sessments of the Department with respect to the Air Force, the Secretary of the Air Force Act (117 Stat. 1546; 10 U.S.C. 2534 note) is re- any of the commissary stores. shall— pealed. (b) APPROPRIATE COMMITTEES OF CONGRESS (1) before selecting the provider, perform AMENDMENT NO. 3339 DEFINED.—In this section, the term ‘‘appro- all analyses required by law of— (Purpose: To modify the priority afforded ap- priate committees of Congress’’ means— (A) the costs and benefits of— plications for national defense tank vessel (1) the Committee on Armed Services of (i) the alternative of using Federal Govern- construction assistance) the Senate; and ment personnel to provide such support; and (2) the Committee on Armed Services of (ii) the alternative of using contractor per- At the end of division B, add the following: the House of Representatives. sonnel to provide such support; TITLE XXXIV—MARITIME AMENDMENT NO. 3441, AS MODIFIED (B) the core logistics requirements; ADMINISTRATION On page 195, between lines 10 and 11, insert (C) use of performance-based logistics; and SEC. 3401. MODIFICATION OF PRIORITY AF- the following: (D) the length of contract period; and FORDED APPLICATIONS FOR NA- (2) select the provider on the basis of fairly TIONAL DEFENSE TANK VESSEL SEC. 868. ACQUISITION OF AERIAL REFUELING CONSTRUCTION ASSISTANCE. AIRCRAFT FOR THE AIR FORCE. conducted full and open competition (as defined in section 4(6) of the Office of Federal Section 3542(d) of the Maritime Security (a) COMPLIANCE WITH APPLICABLE REQUIRE- Procurement Policy Act (41 U.S.C. 403(6))). Act of 2003 (title XXXV of Public Law 108– MENTS.—The Secretary of Defense shall en- (e) PRICE INFORMATION.—Before the Sec- 136; 117 Stat. 1821; 46 U.S.C. 53101 note) is sure that the Secretary of the Air Force does amended— not proceed with the acquisition of aerial re- retary of the Air Force commits to acquiring by lease or other contract any aerial refuel- (1) in paragraph (1), by striking ‘‘and’’ at fueling aircraft for the Air Force by lease or the end; other contract, either with full and open ing aircraft for the Air Force, the Secretary shall require the manufacturer to provide, (2) by redesignating paragraph (2) as para- competition or under section 135 of the Na- graph (3); and tional Defense Authorization Act for Fiscal with respect to commercial items covered by the lease or contract, appropriate informa- (3) by inserting after paragraph (1) the fol- Year 2004 (Public Law 108–136; 117 Stat. 1413) lowing new paragraph (2): until the date that is 60 days after the date tion on the prices at which the same or similar items have previously been sold that is ‘‘(2) shall give priority consideration to a on which the Secretary Defense has— proposal submitted by an applicant who has (1) reviewed all documentation for the ac- adequate for evaluating the reasonableness of the price for the items. been accepted for participation in the Ship- quisition, including— board Technology Evaluation Program as (A) the completed aerial refueling analysis (f) AUDIT SERVICES.—The Secretary of the Air Force shall contact the Office of the In- outlined in Navigation and Vessel Inspection of alternatives (AOA) required by section Circular 01–04, issued by the Commandant of 134(b) of the National Defense Authorization spector General for the Department of De- fense for review and approval of any Air the United States Coast Guard on January 2, Act for Fiscal Year 2004, pursuant to ‘‘Anal- 2004; and’’. ysis of Alternatives (AoA) Guidance of KC– Force use of non-Federal audit services for 135 Recapitalization’’, dated February 24, any lease or other contract for the acquisi- AMENDMENT NO. 3371, AS MODIFIED 2004; tion of aerial refueling aircraft. On page 130, between lines 9 and 10, insert (B) the completed aerial refueling portion AMENDMENT NO. 3333, AS MODIFIED the following: of the Mobility Capabilities Study; On page 247, between lines 13 and 14, insert SEC. 642. DEATH BENEFITS ENHANCEMENT. (C) a new validated capabilities document the following: (a) FINAL ACTIONS ON FISCAL YEAR 2004 in accordance with the applicable Chairman SEC. 1022. PERIODIC DETAILED ACCOUNTING DEATH BENEFITS STUDY.—(1) Congress finds of Joint Chiefs of Staff Instruction; and FOR OPERATIONS OF THE GLOBAL that the study of the Federal death benefits (D) the approval of a Defense Acquisition WAR ON TERRORISM. for survivors of deceased members of the Board in accordance with Department of De- (a) QUARTERLY ACCOUNTING.—Not later Armed Forces under section 647 of the Na- fense regulations; and than 45 days after the end of each quarter of tional Defense Authorization Act for Fiscal (2) submitted to the congressional defense a year, the Secretary of Defense shall submit Year 2004 (Public Law 108–136; 117 Stat. 1520) committees a determination in writing that to the Congressional defense committees, for has given Congress sufficient insight to ini- the acquisition is in compliance with all cur- such quarter for each operation described in tiate action to provide for the enhancement rently applicable laws, Office of Management subsection (b), a full accounting of all costs of the current set of death benefits that are and Budget circulars, and regulations. incurred for such operation during such provided under law for the survivors. (b) INDEPENDENT REVIEW.—Not later than quarter and all amounts expended during (2) The Secretary of Defense shall expedite 45 days after the Secretary of Defense makes such quarter for such operation, and the pur- the completion and submission of the final the determination described in paragraph (2) poses for which such costs were incurred and report, which was due on March 1, 2004, under of subsection (a), the Comptroller General such amounts were expended. section 647 of the National Defense Author- and the Inspector General of the Department (b) OPERATIONS COVERED.—The operations ization Act for Fiscal Year 2004. of Defense shall each review the documenta- referred to in subsection (a) are as follows: (3) It is the sense of Congress that the tion referred to in paragraph (1) of such sub- (1) Operation Iraqi Freedom. President should promptly submit to Con- section and submit to the congressional de- (2) Operation Enduring Freedom. gress any recommendation for legislation, fense committees a report on the extent to (3) Operation Noble Eagle. together with a request for appropriations, which the acquisition is— (4) Any other operation that the President that the President determines necessary to (1) in compliance with the requirements of designates as being an operation of the Glob- implement the death benefits enhancements this section and all currently applicable al War on Terrorism. that are recommended in the final report laws, Office of Management and Budget cir- (c) REQUIREMENT FOR COMPREHENSIVE- under section 647 of the National Defense Au- culars, and regulations; and NESS.—For the purpose of providing a full thorization Act for Fiscal Year 2004. (2) consistent with the analysis of alter- and complete accounting of the costs and ex- (b) INCREASES OF DEATH GRATUITY CON- natives referred to in subparagraph (A) of penditures under subsection (a) for oper- SISTENT WITH INCREASES OF RATES OF BASIC subsection (a)(1) and the other documenta- ations described in subsection (b), the Sec- PAY.—Section 1478 of title 10, United States tion referred to in such subsection. retary shall account in the quarterly submis- Code, is amended— (c) LIMITATION ON ACQUISITION BEYOND sion under subsection (a) for all costs and ex- (1) in subsection (a), by inserting ‘‘(as ad- LOW-RATE INITIAL PRODUCTION.—(1) The ac- penditures that are reasonably attributable justed under subsection (c)’’ before the pe- quisition by lease or other contract of any to such operations, including personnel riod at the end of the first sentence; and aerial refueling aircraft for the Air Force be- costs. (2) by adding at the end the following new yond low-rate initial production shall be sub- subsection: AMENDMENT NO. 3319 ject to, and for such acquisition the Sec- ‘‘(c) Effective on the date on which rates of retary of the Air Force shall comply with, (Purpose: To repeal certain requirements and basic pay under section 204 of this title are the requirements of sections 2366 and 2399 of limitations relating to the defense indus- increased under section 1009 of title 37 or any title 10, United States Code. trial base) other provision of law, the amount of the (2) For the purposes of this subsection, the At the end of subtitle D of title VIII, add death gratuity provided under subsection (a) term ‘‘low-rate initial production’’, with re- the following: shall be increased by the same overall aver- spect to a lease, shall have the same mean- SEC. 844. REPEAL OF CERTAIN REQUIREMENTS age percentage of the increase in the rates of ing as applies in the administration of sec- AND LIMITATIONS RELATING TO basic pay taking effect on that date.’’. tions 2366 and 2399 of title 10, United States THE DEFENSE INDUSTRIAL BASE. (c) FISCAL YEAR 2005 ACTIONS.—At the Code, with regard to any other form of acqui- (a) ESSENTIAL ITEM IDENTIFICATION AND DO- same time that the President submits to sition. MESTIC PRODUCTION CAPABILITIES IMPROVE- Congress the budget for fiscal year 2006

VerDate May 21 2004 06:36 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.032 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7159 under section 1105(a) of title 31, United visions of the draft legislation submitted implement the death benefits enhancements States Code, the President shall submit to under subsection (c), for fiscal year 2006 and that are recommended in the final report the appropriate committees of Congress re- each of the ensuing nine fiscal years; under section 647 of the National Defense Au- ferred to in subsection (g) a draft or drafts of (2) expressly state that they are proposed thorization Act for Fiscal Year 2004. legislation to provide enhanced death bene- for the purpose of the offset described in (b) INCREASES OF DEATH GRATUITY CON- fits for survivors of deceased members of the paragraph (1); and SISTENT WITH INCREASES OF RATES OF BASIC uniformed services. The draft legislation (3) are included in full in the estimates PAY.—Section 1478 of title 10, United States shall include provisions for the following: that are made by the Director of the Con- Code, is amended— (1) Revision of the Servicemembers’ Group gressional Budget Office and the Director of (1) in subsection (a), by inserting ‘‘(as ad- Life Insurance program to provide for— the Office of Management and Budget under justed under subsection (c)’’ before the pe- (A) an increase of the maximum benefit section 252(d) of the Balanced Budget and riod at the end of the first sentence; and provided under Servicemembers’ Group Life Emergency Deficit Control Act of 1985 (2 (2) by adding at the end the following new Insurance to $350,000, together with an in- U.S.C. 902(d)) with respect to the fiscal years subsection: crease, each fiscal year, by the same overall referred to in paragraph (1). ‘‘(c) Effective on the date on which rates of basic pay under section 204 of this title are average percentage increase that takes ef- (f) EARLY SUBMISSION OF PROPOSAL FOR AD- increased under section 1009 of title 37 or any fect during such fiscal year in the rates of DITIONAL DEATH BENEFITS.—Congress urges basic pay under section 204 of title 37, United the President to submit the draft of legisla- other provision of law, the amount of the death gratuity provided under subsection (a) States Code; and tion for the additional set of death benefits shall be increased by the same overall aver- (B) a minimum benefit of $100,000 at no under paragraph (2) of subsection (c) before age percentage of the increase in the rates of cost to the insured members of the uni- the time for submission required under that basic pay taking effect on that date.’’. formed services who elect the maximum cov- subsection and as soon as is practicable after erage, together with an increase in such min- (c) FISCAL YEAR 2005 ACTIONS.—At the the date of the enactment of this Act. same time that the President submits to imum benefit each fiscal year by the same (g) APPROPRIATE COMMITTEES OF CON- percentage increase as is described in sub- Congress the budget for fiscal year 2006 GRESS.—For the purposes of subsection (c), under section 1105(a) of title 31, United paragraph (A). the appropriate committees of Congress are States Code, the President shall submit to (2) An additional set of death benefits for as follows: the appropriate committees of Congress re- each member of the uniformed services who (1) The Committees on Armed Services of ferred to in subsection (g) a draft or drafts of dies in the line of duty while on active duty the Senate and the House of Representatives, legislation to provide enhanced death bene- that includes, at a minimum, an additional with respect to draft legislation that is with- fits for survivors of deceased members of the death gratuity in the amount that— in the jurisdiction of such committees. uniformed services. The draft legislation (A) in the case of a member not described (2) The Committees on Veterans Affairs of shall include provisions for the following: in subparagraph (B), is equal to the sum of— the Senate and the House of Representatives, (1) Revision of the Servicemembers’ Group (i) the total amount of the basic pay to with respect to draft legislation within the Life Insurance program to provide for— which the deceased member would have been jurisdiction of such committees. (A) an increase of the maximum benefit entitled under section 204 of title 37, United AMENDMENT NO. 3438, AS MODIFIED provided under Servicemembers’ Group Life States Code, if the member had not died and Insurance to $350,000, together with an in- had continued to serve on active duty for an In section 3161, as added by Senate Amend- crease, each fiscal year, by the same overall additional year; and ment 3438, strike subsection (b). average percentage increase that takes ef- (ii) the total amount of all allowances and Mr. LEVIN. We support these amend- fect during such fiscal year in the rates of special pays that the member would have ments, Mr. President. We move to re- basic pay under section 204 of title 37, United been entitled to receive under title 37, consider. States Code; and United States Code, over the one-year period Mr. WARNER. I move to lay that mo- (B) a minimum benefit of $100,000 at no beginning on the member’s date of death if cost to the insured members of the uni- the member had not died and had continued tion on the table. formed services who elect the maximum cov- to serve on active duty for an additional The motion to lay on the table was erage, together with an increase in such min- year with the unit to which the member was agreed to. imum benefit each fiscal year by the same assigned or detailed on such date; and AMENDMENT NO. 3371, AS MODIFIED percentage increase as is described in sub- (B) in the case of a member who dies as a Mr. WARNER. We have two technical paragraph (A). result of an injury caused by or incurred matters. (2) An additional set of death benefits for while exposed to hostile action (including each member of the uniformed services who any hostile fire or explosion and any hostile Sessions amendment No. 3371 was dies in the line of duty while on active duty action from a terrorist source), is equal to agreed to last week without a modi- that includes, at a minimum, an additional twice the amount calculated under subpara- fication. I send to the desk a modified death gratuity in the amount that— graph (A). amendment No. 3371 as a substitute for (A) in the case of a member not described (3) Any other new death benefits or en- the original amendment and ask unani- in subparagraph (B), is equal to the sum of— hancement of existing death benefits that mous consent that it be substituted for (i) the total amount of the basic pay to the President recommends. the version agreed to last week. which the deceased member would have been (4) Retroactive applicability of the benefits The PRESIDING OFFICER. Without entitled under section 204 of title 37, United referred to in paragraph (2) and, as appro- States Code, if the member had not died and priate, the benefits recommended under objection, the amendment, as modified, had continued to serve on active duty for an paragraph (3) so as to provide the benefits— is agreed to. additional year; and (A) for members of the uniformed services The amendment (No. 3371) was agreed (ii) the total amount of all allowances and who die in line of duty on or after October 7, to as follows: special pays that the member would have 2001, of a cause incurred or aggravated while On page 130, between lines 9 and 10, insert been entitled to receive under title 37, deployed in support of Operation Enduring the following: United States Code, over the one-year period Freedom; and SEC. 642. DEATH BENEFITS ENHANCEMENT. beginning on the member’s date of death if (B) for members of the uniformed services (a) FINAL ACTIONS ON FISCAL YEAR 2004 the member had not died and had continued who die in line of duty on or after March 19, DEATH BENEFITS STUDY.—(1) Congress finds to serve on active duty for an additional 2003, of a cause incurred or aggravated while that the study of the Federal death benefits year with the unit to which the member was deployed in support of Operation Iraqi Free- for survivors of deceased members of the assigned or detailed on such date; and dom. Armed Forces under section 647 of the Na- (B) in the case of a member who dies as a (d) CONSULTATION.—The President shall consult with the Secretary of Defense and tional Defense Authorization Act for Fiscal result of an injury caused by or incurred the Secretary of Veterans Affairs in devel- Year 2004 (Public Law 108–136; 117 Stat. 1520) while exposed to hostile action (including oping the draft legislation required under has given Congress sufficient insight to ini- any hostile fire or explosion and any hostile subsection (c). tiate action to provide for the enhancement action from a terrorist source), is equal to (e) FISCAL YEAR 2006 BUDGET SUBMISSION.— of the current set of death benefits that are twice the amount calculated under subpara- The budget for fiscal year 2006 that is sub- provided under law for the survivors. graph (A). mitted to Congress under section 1105(a) of (2) The Secretary of Defense shall expedite (3) Any other new death benefits or entitle 31, United States Code, shall include the completion and submission of the final hancement of existing death benefits that draft legislation (other than draft appropria- report, which was due on March 1, 2004, under the President recommends. tions) that includes provisions that, on the section 647 of the National Defense Author- (4) Retroactive applicability of the benefits basis of the assumption that the draft legis- ization Act for Fiscal Year 2004. referred to in paragraph (2) and, as appro- lation submitted under subsection (c) would (3) It is the sense of Congress that the priate, the benefits recommended under be enacted and would take effect in fiscal President should promptly submit to Con- paragraph (3) so as to provide the benefits— year 2006— gress any recommendation for legislation, (A) for members of the uniformed services (1) would offset fully the increased outlays together with a request for appropriations, who die in line of duty on or after October 7, that would result from enactment of the pro- that the President determines necessary to 2001, of a cause incurred or aggravated while

VerDate May 21 2004 06:36 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.034 S22PT1 S7160 CONGRESSIONAL RECORD — SENATE June 22, 2004 deployed in support of Operation Enduring Mr. LEVIN. Mr. President, I move to Mr. LEVIN. Mr. President, one other Freedom; and reconsider the vote, and I move to lay issue, because we are trying to push (B) for members of the uniformed services that motion on the table. this bill very quickly, we always appre- who die in line of duty on or after March 19, The motion to lay on the table was ciate and admire the Senator from Vir- 2003, of a cause incurred or aggravated while deployed in support of Operation Iraqi Free- agreed to. ginia for his forthright statements and dom. Mr. WARNER. Mr. President, we knowledge. We think it might be pos- (d) CONSULTATION.—The President shall have been in consultation with the sible as we proceed on at least these consult with the Secretary of Defense and leadership on both sides. I see the dis- amendments that some of the time the Secretary of Veterans Affairs in devel- tinguished Democratic whip. I will could be yielded. That would be in oping the draft legislation required under make this unanimous consent request everybody’s interest, if it is possible. subsection (c). at this time. Mr. WARNER. That would be an op- (e) FISCAL YEAR 2006 BUDGET SUBMISSION.— The budget for fiscal year 2006 that is sub- I ask unanimous consent that when tion with equal division of time. mitted to Congress under section 1105(a) of the Senate resumes consideration of AMENDMENT NO. 3409 title 31, United States Code, shall include the Defense authorization bill the Sen- Ms. MIKULSKI. Mr. President, I rise draft legislation (other than draft appropria- ate consider the following amendments in strong support of the Daschle tions) that includes provisions that, on the in this order: Corzine amendment No. amendment, and in strong support of basis of the assumption that the draft legis- 3303, 30 minutes equally divided; Byrd our Nation’s veterans. lation submitted under subsection (c) would amendment No. 3423, 20 minutes equal- Our men and women serving in Iraq be enacted and would take effect in fiscal year 2006— ly divided; McConnell, Iraq report and and Afghanistan have my steadfast (1) would offset fully the increased outlays Kennedy amendment No. 3388, a total support. So do those who served before that would result from enactment of the proof 30 minutes equally divided for both them. Our veterans need to know that visions of the draft legislation submitted amendments. America is with them and that we owe under subsection (c), for fiscal year 2006 and They will be voted on side by side. them a debt of gratitude. Congress each of the ensuing nine fiscal years; Reed amendment No. 3353, 20 minutes must show that gratitude not just with (2) expressly state that they are proposed equally divided; provided further that words, but with deeds. That means for the purpose of the offset described in after the conclusion of all of the des- making our troops and our veterans a paragraph (1); and ignated debate time, the Senate pro- (3) are included in full in the estimates priority in the Federal checkbook. that are made by the Director of the Con- ceed to a series of consecutive votes in That is why I am such a strong sup- gressional Budget Office and the Director of relation to the amendments mentioned porter of the Daschle amendment. The the Office of Management and Budget under above, in the order listed, with no sec- goal of this amendment is simple and section 252(d) of the Balanced Budget and ond degrees in order to the amend- straightforward—to guarantee enough Emergency Deficit Control Act of 1985 (2 ments prior to the votes. funding in the Federal checkbook each U.S.C. 902(d)) with respect to the fiscal years Mr. REID. Mr. President, reserving year to provide health care to every referred to in paragraph (1). the right to object, will the distin- single veteran enrolled in the VA sys- (f) EARLY SUBMISSION OF PROPOSAL FOR AD- guished chairman tell me again the DITIONAL DEATH BENEFITS.—Congress urges tem. the President to submit the draft of legisla- order that those votes will take place? This amendment does four things to tion for the additional set of death benefits Mr. WARNER. I have been informed support our Nation’s veterans: under paragraph (2) of subsection (c) before that the first amendment is Corzine, First, the amendment sets a min- the time for submission required under that the second is McConnell-Kennedy, the imum level of funding for VA health subsection and as soon as is practicable after third is Reed, and the fourth is Byrd. care each year. This amount is based the date of the enactment of this Act. Mr. REID. Mr. President, reserving on the number of veterans enrolled in (g) APPROPRIATE COMMITTEES OF CON- the right to object, I ask that the dis- the VA system. This is important to GRESS.—For the purposes of subsection (c), the appropriate committees of Congress are tinguished Senator modify his request, ensure that VA can provide care for as follows: first of all, that after the first vote every veteran, without rationing care (1) The Committees on Armed Services of there be 10 minutes for each vote. or charging deductibles, fees, or in- the Senate and the House of Representatives, Mr. WARNER. Yes. After the first creased copayments. with respect to draft legislation that is with- vote, 10 minutes. Second, the amendment provides an in the jurisdiction of such committees. Mr. REID. Second, that there be 2 annual adjustment for inflation, so (2) The Committees on Veterans Affairs of minutes between each of these amend- that VA can keep up with the rising the Senate and the House of Representatives, ments. Senator BYRD has always asked costs of medical equipment, supplies, with respect to draft legislation within the jurisdiction of such committees. that we do that. and prescription drugs. Mr. WARNER. That is acceptable. Third, the amendment says that Mr. WARNER. Mr. President, I move Mr. REID. Two minutes equally di- after 2 years, the General Accounting to reconsider the vote. vided. That is fairly standard. The ma- Office, GAO, will provide Congress with Mr. LEVIN. I move to lay that mo- jority leader didn’t want any time, as a report of whether this funding was tion on the table. The motion to lay on the table was the chairman will recall. adequate to provide care for all of our agreed to. Mr. WARNER. I understand. I have to veterans. The amendment also sets up look at it in the interest of my col- a process to correct any flaws that AMENDMENT NO. 3438, AS MODIFIED Mr. WARNER. Mr. President, on be- leagues—no disrespect to the majority GAO identifies. leader. Fourth, the amendment moves future half of Senator BUNNING, I send an Mr. REID. Mr. President, this is fine increases to VA health care funding amendment to the desk which makes a with us. But I want the RECORD to re- from the discretionary to the manda- technical change to amendment No. flect that we would agree to even less tory side of the Federal budget. This is 3438 on the Energy Employee Occupa- time on amendments. As we proceed important so that the VA-HUD Sub- tional Illness Compensation Program with the debate on this group of committee won’t have to have to for- that had been previously agreed to. My understanding is the amendment amendments, we could have saved 30 age for funds each year, and veterans is acceptable on each side. minutes if we did not use all of our won’t have to compete for funding. Mr. LEVIN. The modification has time. As the ranking member of the VA- been cleared on this side. We have no objection to the request HUD Appropriations Subcommittee, Mr. WARNER. I urge adoption of the of the distinguished Senator. my guiding principle for the VA budget amendment. The PRESIDING OFFICER. Without is that promises made to our veterans The PRESIDING OFFICER. Without objection, it is so ordered. must be promises kept. And each year, objection, the previously agreed to Mr. WARNER. Mr. President, I ac- the VA-HUD Appropriations Sub- amendment is modified. cept responsibility for increasing the committee makes veterans health care The amendment (No. 3438), as modi- time. I just feel that these are impor- funding the top priority. We do this on fied, was agreed to as follows: tant issues, and some of my colleagues a bipartisan basis, because when it In section 3161, as added by Senate Amend- are very anxious to express their views. comes to caring for our Nation’s vet- ment 3438, strike subsection (b). I want to make that possible. erans, we are not members of the

VerDate May 21 2004 06:36 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.035 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7161 Democratic or Republican parties. We Act in both the 107th and 108th Con- amendment as a part of the National are members of the red, white, and blue gress because I believe the system we Defense Authorization Act. However, I party. use to fund VA health care is broken. can think of no more appropriate bill But each year, we have to forage for Both my legislation and the Daschle on which to discuss whether or not we funds. Over the last 3 years, we have amendment would fix this problem and are going to live up to our commit- worked on a bipartisan basis to reject fully fund the Veterans Administration ments to our nation’s veterans. As the new fees and increased copayments on health care system by making VA med- father of a soldier who has served in our Nation’s veterans. ical care mandatory, rather than dis- Iraq, Afghanistan, Kosovo, and Bosnia, In 2003, the administration proposed cretionary, spending. I know that poor treatment of our vet- that Priority 7 and 8 veterans pay a Once again, we face a budget that se- erans severely impacts our ability to yearly $1,500 deductible just to access verely underfunds VA medical care recruit and retain the best and bright- VA health care. On a bipartisan basis, needs. Under the budget submitted to est for our military. We simply can not Congress rejected this proposal. In- Congress by the President, many vet- separate the issue of the treatment of stead, we put $1.1 billion more in VA’s erans will not have access to the VA our troops and the treatment of our budget. health care system, will have increased veterans. In 2004, the administration proposed copayments and fees, and will face con- Mr. President, I thank Senator that Priority 7 and 8 veterans pay a tinuing delays to access the care they DASCHLE for offering this amendment yearly $250 fee to access VA health were promised. And once again, Con- and encourage my colleagues to sup- care. The budget also proposed in- gress will be forced to make the dif- port our veterans by voting in favor of creases in veterans’ copayments—a 50 ficult choices in finding additional the pending amendment. percent increase in the prescription funds for the VA. I am concerned that AMENDMENT NO. 3470 drug copayment and a 30 percent in- this yearly struggle to find just enough Mr. NELSON of Florida. Mr. Presi- crease in copayments for doctors visits. funding for veterans health care is dent, today I submitted an amendment Again, on a bipartisan basis, Congress unsustainable it breaks the promises to the fiscal year 2005 National Defense rejected these proposals. Instead, we we made to our veterans and threatens Authorization bill that would elimi- put $1.3 billion more in the VA’s budg- the long-term viability of the entire nate the current offset against annu- et. VA health care system. The administration’s 2005 budget This is what makes legislation such ities paid by the Department of De- again proposes a $250 annual fee and in- as the Veterans Health Care Funding fense Survivors’ Benefits Plan—SBP— creased prescription drug copayments Guarantee Act and the Daschle amend- for Veterans Administration Depend- for veterans. And again this year, Sen- ment particularly interesting. The ency and Indemnity Compensation— ator BOND and I will fight to find the amendment recognizes the need to DIC. I ask for my colleagues’ support funding to reject these proposals. for this amendment and invite their co- But despite our efforts and these automatically calculate the effects of inflation and to factor in the number of sponsorship. record increases, VA health care fund- Unfortunately, many of us do not re- ing is just not keeping up with the veterans utilizing the VA health care system in determining the necessary alize that a reduction similar to the needs of our Nation’s veterans. This current offset rules for military retire- mismatch of funding and demand for level of medical care funding. Mr. President, this approach has been ment and veterans’ disability com- VA health care has led the administra- endorsed by the Disabled American pensation applies to the survivors of tion to ration VA health care. In Janu- military retirees enrolled in the Sur- ary 2002, the administration closed en- Veterans, the Veterans of Foreign Wars, and the American Legion. In ad- vivor Benefit Plan—SBP. Payments for rollment to all new Priority 8 veterans. the survivors of our retirees from the This is unacceptable. In addition, the dition, the President’s Task Force to Improve Health Care Delivery for Our military Survivor Benefit Plan—SBP— VA has already treated 10,000 of our are reduced by benefits payable from newest veterans returning from Iraq Nation’s Veterans—a 15-member panel that was assembled to study the health the veterans’ Dependency and Indem- and Afghanistan. Our newest veterans nity Compensation—DIC—program. deserve to know that the VA will be care needs of our Nation’s veterans— has weighed in on this issue. This Pres- Thus, surviving spouses of 100 percent there to care for them. disabled military retirees generally Finally, I want to point out that idential task force released their rec- cannot receive benefits through both under this amendment, Congress would ommendations in a report on May 28, the retirement system and the vet- keep its oversight authority over how 2003. The report stated clearly that the erans’ disability system. VA health care funding is spent. The most pressing problem facing the VA Over the last few years we have made Appropriations and Veterans Affairs health system is that funding is not a tremendous effort to repeal the law Committees would still be able to hold keeping pace with the need for care. that prohibits concurrent receipt of re- VA accountable for how it spends its While the panel encouraged greater tired pay and disability compensation money, and how it provides health care cooperation between the VA and the for our military retirees. This year we to veterans. Congress will continue to Department of Defense’s health care have already adopted a provision in the stand up for our Nation’s veterans. system, they recognized this would not The Task Force To Improve Health address the fundamental problem. In- fiscal year 2005 National Defense Au- Care Delivery For Our Nation’s Vet- stead, the panel recommended two so- thorization bill that will eliminate the erans, a bipartisan task force of ex- lutions to the VA’s funding problems: phasing over 10 years of retired pay for perts on health care convened at the create an independent board which will retirees with 100 percent disability. I request of the President, concluded set the level of VA health care spend- supported this provision. We have to that there is a definite mismatch being each year, or establish a formula to take care of our most deserving retir- tween demand and funding for VA provide a mandatory amount of fund- ees, but we should also take care of health care. The Task Force rec- ing for VA medical care. This second their survivors. ommended fixing this mismatch. The recommendation is the concept con- I have long supported the full imple- Daschle amendment is a bold solution tained in the amendment we are debat- mentation of concurrent receipt, but I to this problem. ing today. I hope that my colleagues do not understand why we would leave Mr. President, I urge my colleagues will read the report produced by the behind the widows and dependent chil- to stand up for our Nation’s veterans President’s Task Force to Improve dren of those retirees that have pur- by supporting the Daschle amendment. Health Care Delivery for Our Nation’s chased the income protection provided I yield the floor. Veterans because I believe it provides a by the Survivors Benefit Plan. I know Mr. JOHNSON. Mr. President, I rise solid basis for supporting the Daschle of no purchased annuity plan that de- today in support of the Daschle amend- amendment. nies its benefit based on the receipt of ment to the National Defense Author- I close by discussing why we are de- another benefit. This is wrong and it ization Act for Fiscal Year 2005. bating this amendment today and on hurts our most valuable widows—those Mr. President, I introduced the Vet- this particular bill. Some have ques- left behind by combat losses and retir- erans Health Care Funding Guarantee tioned including a veterans health care ees fully disabled by their service.

VerDate May 21 2004 04:43 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.112 S22PT1 S7162 CONGRESSIONAL RECORD — SENATE June 22, 2004 It is difficult to justify paying mili- move to bring to a close debate on calendar of ‘‘well qualified.’’ He is rated ‘‘AV’’ tary retired pay and veterans’ com- No. 503, S. 2400, an original bill to authorize by Martindale-Hubbell. In addition, the pensation concurrently to the retiree appropriations for fiscal year 2005 for mili- Virginia Women Attorneys Association but not paying benefits from both the tary activities of the Department of Defense, supports his nomination. for military construction, and for defense ac- He is an individual of great char- SBP and the DIC concurrently to that tivities of the Department of Energy, to pre- retiree’s widow or surviving children. scribe personnel strengths for such fiscal acter, and he supports important as- My amendment ensures consistency in year for the armed services, and for other pects of the community in the Hamp- the application of benefits to survivors purposes. ton Roads area. He is the chairman or from the SBP program and DIC. I urge Bill Frist, Mitch McConnell, John the rector of the Board of Visitors at the Senate to adopt this amendment Cornyn, Trent Lott, John W. Warner, Old Dominion University in Norfolk. and take care of our military widows. Norm Coleman, Lincoln D. Chafee, Gor- He is a trustee at Norfolk Collegiate Mr. WARNER. Mr. President, I do not don Smith, Jon Kyl, John McCain, School, where he attended, and his Peter Fitzgerald, John E. Sununu, three children currently attend school. believe there are further matters in re- Richard G. Lugar, Don Nickles, Mike lation to this bill. At this point in DeWine, George V. Voinovich, George He is an adjunct professor in antitrust time, I will proceed to wrap up on be- Allen, Kay Bailey Hutchison. law at Regent University School of half of leadership. Mr. FRIST. Mr. President, I ask Law. He was on the Virginia Attorney The PRESIDING OFFICER. The ma- unanimous consent that the manda- General’s Task Force on Higher Edu- jority leader is recognized. tory quorum be waived. cation, and he is also the director of Mr. FRIST. Mr. President, as the The PRESIDING OFFICER. Without the Hampton Roads Salvation Army chairman said just a few moments ago objection, it is so ordered. Adult Rehabilitation Center Advisory on the floor, there has been a lot of Board, making sure folks are rehabili- hard work on the Defense bill over the f tated from being addicted to drugs, or course of the last month and over the MORNING BUSINESS using drugs, so they may become pro- course of the day. We continued to ductive citizens. clear amendments on both sides. And Mr. FRIST. Mr. President, I ask Walt Kelley is an outstanding indi- although we have been in a quorum unanimous consent that the Senate vidual. He has the experience, the tem- call, off and on, over the course of the now proceed to a period of morning perament, and the right philosophy to night, as the chairman implied, there business, with Senators permitted to be a judge in the Eastern District of have been a lot of negotiations, and a speak for up to 10 minutes each. Virginia for many decades to come. I lot of progress has been made in ad- The PRESIDING OFFICER. Without look forward to voting for him and re- dressing the large number of amend- objection, it is so ordered. spectfully urge my colleagues to sup- ments that we, at 6:30, realized we had. Mr. ALLEN. Mr. President, soon we port the nomination of Walter Kelley We continue to clear amendments on will be voting on the nomination of to the United States District Court for both sides, and we have entered into an Walter DeKalb Kelley, Jr., to be a Fed- the Eastern District of Virginia. agreement for votes on approximately eral judge for the U.S. District Court Mr. President, I yield the floor. five amendments tomorrow morning. for the Eastern District of Virginia. My f Unfortunately—and I made it clear colleague, Senator WARNER, and I know JUAN R. SANCHEZ to both managers and representatives him as Walt. We very much support his of our leadership and leadership on the nomination. I have known Walt Kelley Mr. SPECTER. Mr. President, I rise other side of the aisle—it is still un- for a long time now. He is one who con- in support of the nomination of Chester clear as to exactly how we are going to tinues to impress me as a gentleman. I County Common Pleas Judge Juan bring this bill to closure, how we will have always found him to be even tem- Sanchez who is on the docket for con- finish this bill. We have had this large pered, no matter the situation, no mat- firmation at the present time. Judge number of consultations throughout ter how fractious things might be. He Sanchez was born in Puerto Rico, but the evening with colleagues on both always has a good, steady demeanor emigrated to the United States at an sides of the aisle, and I do think it is about him, which I think is an impor- early age and has an outstanding aca- time we bring the bill to conclusion. I tant attribute, especially for a trial demic record from City College of New believe it is really past that time. judge. York, where he had his bachelor’s de- But, again, everybody is working in Senator WARNER and I interviewed gree cum laude in 1978. He graduated good faith. I do respect Members’ many outstanding nominees for this from the University of Pennsylvania rights to offer amendments. However, judgeship in the Eastern District of Law School with his J.D. degree and as majority leader, I am charged with Virginia. The things I care about are has a very impressive background. He ensuring that we finish our work and experience, to the extent you can find served in the Legal Aid Society of that we are able to address the other somebody who has judicial experience. Chester County where he was staff at- very important work ahead of us. I spe- Also, when you look at their experi- torney for 2 years, and then a partner cifically mentioned, in this case, the ence and talk about them, whether it is in a private law firm. He also served appropriations bill which provides the in the courtroom or what their beliefs the County of Chester in the Public De- funding to support our troops overseas. are, it is important to figure out what fender’s Office for some 4 years; and for Having said that, I will file a cloture their judicial philosophy might be. the last 6 years, he has been a judge of motion so all of our options are pre- On the point of judicial philosophy, the Court of Common Pleas of Chester served. I understand everybody is pro- as a judge, Walt Kelley will be one who County. ceeding in good faith for completion understands the proper role of the judi- Mr. Sanchez was nominated by the tomorrow. We will continue to find a ciary, in particular to adjudicate a bipartisan nominating committee way to finish the bill tomorrow, but we case, applying the facts and evidence which Senator SANTORUM and I have will have this cloture vote on Thursday before the court, applying the law in recommended to the President, with- if it becomes necessary. the proper way, as opposed to a judge stood the rigor of the examinations and CLOTURE MOTION who might want to invent new law. has been voted out of committee unani- Mr. President, I send a cloture mo- As far as experience is concerned, mously. I think he will make an out- tion to the desk. while Walt Kelley has not served as a standing judge. The PRESIDING OFFICER. The clo- judge, he has a tremendous amount of I ask unanimous consent that Judge ture motion having been presented experience in the courtroom, arguing Sanchez’s resume be printed in the under rule XXII, the Chair directs the and taking to final adjudication 25 RECORD. clerk to read the motion. cases in various Federal courts. There being no objection, the mate- The legislative clerk read as follows: He has been endorsed and supported rial was ordered to be printed in the RECORD, as follows: CLOTURE MOTION by the Virginia Association of Defense We the undersigned Senators, in accord- Attorneys and the Virginia State Bar. JUAN R. SANCHEZ, RESUME´ ance with the provisions of rule XXII of the The American Bar Association has also Birth: December 22, 1955, Vega Baja, Puerto Standing Rules of the Senate, do hereby given Walt Kelley a unanimous opinion Rico.

VerDate May 21 2004 04:43 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.039 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7163 Education: 1974–1978, City College of the City and extend my best wishes for success grams to contribute approximately University of New York B.A. degree, cum in all his future ventures. 315,000 volunteer hours per year—a laude. f service valued at nearly $5.2 million. 1978–1981, University of Pennsylvania Law But the value of Faith in Action is School, J.D. degree. LOCAL LAW ENFORCEMENT ACT measured not by dollars and cents. Nor Bar Admittance: 1982, Pennsylvania. OF 2003 Experience: 1981–1983, Legal Aid of Chester is the value measured by the number of County, Staff Attorney. Mr. SMITH. Mr. President, I rise volunteers, or the number of hours do- 1983–1990, Nester, Nester & Sanchez Part- today to speak about the need for hate nated. The real value of Faith in Ac- ner. crimes legislation. On May 1, 2003, Sen- tion is measured by the warm smiles of 1983–1997, County of Chester Public Defend- ator KENNEDY and I introduced the gratitude that line the faces of those er’s Office, Senior Trial Attorney, 1993–1997, Local Law Enforcement Enhancement whose lives have been enriched by the Trial Attorney, 1983–1993. Act, a bill that would add new cat- kind touch of a stranger. 1990–1997, Sole Proprietor. Fred Jones is a man who knows first- 1997, MacElree, Harvey, Gallagher, egories to current hate crimes law, Featherman & Sebastian, Trial Attorney. sending a signal that violence of any hand the value of Faith in Action. Fred 1998—present, Chester County Court of kind is unacceptable in our society. lives with his wife in the rural farm- Common Pleas, Judge. In Wichita, KS, on June 29, 2001, a 58- house where he was born, on the out- f year old openly gay hairdresser, skirts of Parnell, IA. Fred is, by any Marcell Eads, was beaten and died from measure, a big man—standing 6 feet 2 ROBERT H. PERRY—NEVADA burns and smoke inhalation after the inches tall and weighing over 200 TRIAL LAWYER OF THE YEAR alleged bashers set his home on fire. pounds. Twelve years ago, Fred had a Mr. REID. Mr. President, I rise today Zachary Steward, 18, and Brandon major stroke—a stroke that left half of to congratulate Robert H. Perry, who Boone, 17, were arrested in connection his body paralyzed, and left Fred con- has been recognized as Nevada Trial with the crime. Steward claimed that fined to a wheelchair in a home not Lawyer of the Year by the Nevada Eads had made sexual advances toward built with wheelchairs in mind. Trial Lawyers Association. him, prompting Boone to start beating After the stroke, Fred’s wife did not Mr. Perry grew up in Topeka, KS, Eads with a broomstick and later with want to put him in a care facility and and attended the United States Naval the end of a table and a rock. The per- dreaded the thought of leaving the Academy. Following his graduation, he petrators accused each other of setting home where he was born. So at 76 years served in the U.S. Marine Corps. After the fire that killed Eads, and both took old and without any help, Mrs. Jones he completed his military service, Mr. credit for trying to put out the fire. assumed the burden of lifting Fred up Perry worked in sales in Montana, and I believe that Government’s first and down the 6-inch step from the front then returned to Kansas where he be- duty is to defend its citizens, to defend door of their home to the sidewalk came a mentor for youth who were de- them against the harms that come out below. When Faith in Action was notified of tained in the justice system. That of hate. The Local Law Enforcement the situation, the dedicated staff found whetted his interest in the legal sys- Enhancement Act is a symbol that can resources to pay for the materials and tem, and he decided to attend law become substance. I believe that by a volunteer to install a wheelchair school at the University of Kansas. passing this legislation and changing ramp for the elderly couple. Now Mrs. After he graduated law school, Mr. current law, we can change hearts and Jones is able to maneuver her husband Perry moved to Nevada, where he be- minds as well. in and out of their home with ease. came a successful prosecutor in the f Washoe County District Attorney’s Of- Fred can now go to church, enjoy the fice. After several years, he rose to the FAITH IN ACTION sunshine, and watch his grandchildren position of Deputy District Attorney Mr. GRASSLEY. Mr. President, in play. As an Iowan and a Member of Con- for the Criminal Division. the 21st century, advances in medicine gress, I greatly appreciate the selfless In 1976, Mr. Perry joined the law firm are allowing Americans to live longer acts of charity done by Faith in Action of Laxalt and Berry, and a few years than ever before. Today, the average volunteers and I look forward to even later he formed a partnership with American will live to be over 76 years greater accomplishments in the years Richard Davenport. He ventured out on old. As the collective age of society in- to come. his own in 1991, forming Robert H. creases, so does the need for increased Perry, Ltd., and concentrated on civil help, care, and support, as long-term f trial work. illnesses and the frailties of age be- THE CRISIS IN HAITI Since then Mr. Perry has dedicated come the rule, not the exception. Faith Mr. DODD. Mr. President, I rise himself to representing average citi- in Action volunteers play a crucial role today to speak about the lamentable zens who have been harmed by the in ensuring that help is there for neigh- situation in Haiti. After suffering po- wrongful actions of others. Many times bors in need. litical upheaval and widespread vio- the party that did the harm was much Faith in Action is a nationwide, lence over the last few months, the more powerful than the victim—but in interfaith coalition that works to help Haitian people are now facing even our legal system, it is possible for ordi- people with long-term health needs or more desperate circumstances. nary people to get justice, thanks to disabilities maintain their independ- During the last 2 weeks of May, lawyers like Mr. Perry. ence by providing assistance with daily floods devastated major sections of In 2001, Mr. Perry represented a activities. Funded by the Robert Wood Haiti and parts of the Dominican Re- young girl whose medical treatment Johnson Foundation, Faith in Action public. The death toll in Haiti has had been delayed because the treating boasts 100,000 nationwide volunteers reached nearly 2,600 people not includ- physician thought she was complaining serving over 200,000 care recipients. ing the missing and medical personnel in order to receive more painkillers. Through Faith in Action, Americans expect that number to climb higher as But in fact, she was really sick. When of every faith—including Catholics, the waters recede and reclamation ef- surgery was finally performed on this Protestants, Hindus, Jews and Mus- forts become possible. girl, only three feet of her small intes- lims—work together to improve the In the immediate aftermath of the tine remained. Today, and for the rest lives of their neighbors in need. Faith catastrophe, aid workers, Haitian offi- of her life, she must receive her nour- in Action volunteers help others main- cials, and foreign troops—including ishment intravenously. tain their independence by doing sim- U.S. soldiers scrambled to prevent the Mr. Perry fought for her and she won ple things: watering flowers, shopping crisis from worsening. They have been the largest verdict for medical mal- for groceries, taking people to the doc- delivering emergency supplies of food practice in Nevada history. tor, and simply listening. Sometimes and water, building temporary housing, This is just an example of the kind of they open doors that people can’t open and working to prevent the spread of battles that Robert Perry wages on be- on their own. disease. half of his clients. I salute him for his In my home State of Iowa, over 2,100 I am concerned, however, by reports selection as Trial Lawyer of the Year, dedicated volunteers work in local pro- that the efforts are sorely under-funded

VerDate May 21 2004 04:43 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.106 S22PT1 S7164 CONGRESSIONAL RECORD — SENATE June 22, 2004 and risk being overwhelmed by the larly in the power sector. He also and security, preparing for elections, sheer size of the disaster. Doctors are stressed to me the urgent need for ca- and, most critical of all, working to struggling to combat outbreaks of ma- pacity-building amongst government end the current humanitarian crisis. laria and dengue, and the New York institutions which cannot carry out The Bush administration can help Times reports that aid workers were their responsibilities without the the LaTortue government move for- using mules for transportation, since trained personnel and resources to do ward with its stated agenda by working the U.S. military is no longer airlifting so. with the international community and aid to isolated communities. The U.S. Unfortunately the Bush Administra- the Haitian National Police to estab- Agency for International Development tion has been extremely slow to re- lish the rule of law. Clearly reestab- has pledged $50,000 in emergency aid, spond to Prime Minister Latortue’s re- lishing security requires that we step but we ought to do much more. quests for aid. President Aristide was up efforts to disarm all the various ille- I wish I could say that the devasta- deposed in late February, but it wasn’t gal armed groups. So far less than 200 tion was solely an act of nature, but it until late May—nearly 3 months arms have been rounded up. And the was not. Had these same rains fallen later—that the Administration finally focus seems to be solely on Aristide over Florida, the damage would have cobbled together a $160 million aid supporters, not the armed thugs who been much less severe and the death package for Haiti—$60 million of which have perpetrated a reign of terror toll would be in the single digits in- was already in the pipeline before the throughout the countryside for the last stead of the thousands. February departure of President nine months. As my esteemed colleague from Ohio, Aristide. I’m afraid that the amount Next, in accordance with the resolu- Senator DEWINE, described in his state- they have allotted, about $20 per Hai- tion agreed upon by the Organization ment on June 1st, Haiti’s economic tian, is too little, too late. of American States, we must under- underdevelopment exacerbated the ef- This lukewarm response only con- take to foster full restoration of de- fects of the flooding. Widespread defor- tinues a trend in the Bush administra- mocracy in Haiti. Our first obligation estation of hillsides meant that, when tion’s policy toward Haiti. Since 2000, is to get to the bottom of allegations the rains came, there was nothing to the U.S. Government has taken a that the United States participated in hold the soil in place. The subsequent shameful, hands-off approach to Haiti, the ouster of President Aristide. The landslides devastated many of the vil- turning its back on a growing crisis. OAS has just begun an investigation lages. And without roads and emer- After the Bush administration facili- into the matter, and we should cooper- gency services, there was no way to tated President Aristide’s removal, cit- ate fully to dispel any myths or redress evacuate the Haitians who were caught ing his incompetence as the justifica- any errors. in the path of the floods. tion for supporting the involuntary de- My last proposal is for a $1 billion Yet the devastation is not over. For parture of an elected president, one emergency aid package for Haiti over the tens of thousands of Haitians who would have hoped that there was some the next 4 years. If we are willing to were left homeless, whose crops were sense of obligation on the part of the devote hundreds of billions of dollars destroyed, and whose communities administration to do right by the Hai- for the endeavors in Afghanistan and were razed by the floodwaters, the next tian people. Sadly, that sense of obliga- Iraq—half a world away—doesn’t it few months will be a struggle between tion is minimal at best, even in the make sense for us to devote a fraction life and death. face of the natural disaster that has re- of that amount to assist one of our It pains me to say that the floods are cently befallen the Haitian people. nearest and most impoverished neigh- only the most recent setback for a So what should the U.S. response be bors? Announcing a multiyear aid country already struggling to over- to the political, economic, and social package, we demonstrate our commit- come economic and social crises. Haiti, crises in Haiti? Should we continue the ment to the Haitian people and also by most measures, is the poorest coun- hands-off approach of the Bush admin- serve as an example for others in the try in the hemisphere with nearly 80 istration? Or, should we offer Haiti a international community to offer up percent of its population living in ab- hand up? I believe that we have a spe- multiyear assistance packages as well. ject poverty. The life expectancy has cial obligation to help Haiti, and I’m As UN Secretary General Kofi Annan fallen to 52 years and more than 6 per- offering three proposals for how we can stated in March, getting it right in cent of Haitians are infected with the do that. Haiti this time, ‘‘means keeping inter- HIV virus. First, we should halt the removal of national attention and resources en- In recent years Haiti has become a the 1,900 U.S. troops currently sta- gaged for the long haul.’’ major trans-shipment point for cocaine tioned in Haiti. Prime Minister It is long past time for the United trafficking. The State Department, in Latortue has asked that we extend the States to address the mounting crisis its annual Narcotics Control Strategy U.S. military presence, fearing that in Haiti. It is time for us to offer the Report, describes Haiti as, ‘‘a key con- U.S. troops are the only ones capable of Haitian people a hand up. Toward that duit for drug traffickers transporting dissuading further violence. The origi- end, I believe that this body should cocaine from South America to the nal decision to depart upon the arrival give serious consideration to making a United States.’’ Sadly, more than half of the Brazilian-led UN Peacekeeping down payment on the $1 billion aid proof all Haitians are unable to partici- force was made before last month’s posal for Haiti in the FY 2005 Appro- pate in the formal economy, and, as a flooding—and before the destabilizing priations process when the Senate consequence, many of these people turn effects of the current humanitarian cri- deals with this legislation. Only to the illegal drug trade as a source of sis. through concrete and meaningful U.S. income. Let me take a moment here to talk assistance on a scale commensurate This influx of drug money into Haiti about the security situation. Many with Haiti’s needs can we ever hope to has further eroded the rule-of-law. Cor- have speculated about the re-establish- reverse the misery, suffering, and hope- ruption now seems endemic in even the ment of the Haitian Army. Because lessness that have become common- highest levels of government and pri- this is ultimately a question for the place in the lives of close neighbors—8 vate enterprise. Haitian people to answer—especially in million of them. Not all the news from Haiti is bad, light of the Haitian Army’s history of f however. Recently, I had the oppor- abuses—I believe that the decision tunity to meet with Prime Minister should be left for the next elected gov- IN MEMORY OF RAY CHARLES [Gerard] Latortue while he was visiting ernment to address. Given the scarcity Mrs. BOXER. Mr. President, I take Washington. I was impressed by his vi- of resources and the absence of a spe- this moment to reflect on the life of sion for Haiti, and encouraged by the cific national security mission, I for Ray Charles. I feel lucky to have grown efforts he has made since his appoint- one believe that reestablishing the up with the innovative and passionate ment to stabilize the country. During army is a luxury that Haiti can ill af- sounds of Ray Charles unique mix of our meeting, Prime Minister Latortue ford. In any event, the current care- gospel and blues. His work took lis- emphasized the need for major im- taker government should concern itself teners from the depths of his profound provements in infrastructure, particu- with establishing domestic stability sadness to cathartic heights in his love

VerDate May 21 2004 06:36 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.115 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7165 and performance of music. Ray Charles studio, ‘‘I love this place. It’s the only vironmental management program was will be deeply missed by fans and fel- home I’ve truly had for most of my broken and in need of major reforms. I low musicians alike. professional career, and I would never added that this would not be easy and Ray Charles Robinson was born Sep- leave it.’’ Charles would go on to that some people would not like the tember 23, 1930, in Albany, GA. The produce numerous hits in his Los Ange- changes which are necessary to make child of a mechanic, Bailey Robinson, les location, continuing an impressive the program work. She agreed and she and a saw-mill worker, Aretha, Ray career that would later earn him 12 promised that she would work hard to Charles’ life was a lesson in triumph Grammy Awards between 1960 and 1966, effect change. While she later told me over adversity. A young Charles began including best R&B recording for three that it has not been easy, she kept the losing his sight at infancy and was consecutive years. The Ray Charles course and has transformed the pro- clinically blind by the age of 7. Two Studio was designated a Los Angeles gram from one of just motion to true years prior his brother had acciden- historical landmark on April 30, 2004 action. The Department has made tre- tally drowned, and by age 15, Charles thanks to the hard work of Councilman mendous progress in getting sites clos- lost both parents and had no imme- Martin Ludlow and City Council Presi- er to closure. I can honestly say that diate family. Alone, sad, and orphaned, dent Alex Padilla. Ray Charles made what some people did not think pos- Ray Charles went to live with friends his last public appearance in Los Ange- sible 3 years ago is closer to happening; of his mother, nearly 200 miles away les at his studio as the site was des- and that is that sites will be closing. I from home, in Jacksonville, FL. ignated a city historic landmark, a liv- can only attribute this to the leader- Charles lived in Jacksonville for a ing testament to Charles’ 40 years liv- ship of this extraordinary woman. year developing his talent as a musi- ing and working in the city of Los An- During her confirmation hearing be- cian before moving to Orlando, sup- geles. fore the Senate Energy and Natural porting himself, a 16 year-old orphan, The music of Ray Charles was a deep Resources Committee on May 16, I in- with only his seemingly dauntless opti- and powerful reflection of the Amer- serted into the RECORD a Denver Post mism to help him along. Work was ican musical tradition. From troubled editorial entitled ‘‘Roberson a Top sparse, and income was never guaran- origins in the south that would charac- Flight Pick’’ and quoted one line from teed. He left Florida, looking for a new terize the blues aspect of Charles lyr- the editorial. It said: city with potential for new challenges, ical style to the gospel influences The Department’s environmental manage- took what little money he had and present in so many of Charles’ hits, ment job is in fact one of the toughest posi- made a five-day bus trip to Seattle, soul music encapsulates so much of the tions in the Federal Government. There like- WA. It was here that Charles formed American story. From racism, to ly is not a better person around to tackle the his first group, a small jazz group heartache, to loneliness, to redemp- task, than Jessie Roberson. called the McSon Trio. tion, Ray Charles was writing the I believed that statement then, and Emulating the vocal styles of his mu- songs that could only come from an after 3 years on the job, she proved sical idol, Nat King Cole, Ray Charles American artist and influencing a gen- that statement to be true. formed a rhythm and blues group led eration of musicians. He was at once She has done a tremendous job not by vocalist Ruth Brown. The band expert composer, rock and roller, long- just for President Bush and Secretary played night after night in smoky sufferer, genius, and poet. He was, to Abraham, but for the entire country. back-alley clubs throughout Seattle’s say the least, one of America’s greatest She has made our country safer by ac- red light district. As Charles reflected artists, and will be deeply missed. celerating the cleanup of some of the in his autobiography, these clubs con- f world’s most dangerous places. She is sisted of little more than a big room making sure that our children and with a band in one corner, liquor in the TRIBUTE TO ASSISTANT grandchildren are not going to have to other, and a shoulder to shoulder audi- SECRETARY JESSE ROBERSON bear the burden of these contaminated ence. Playing in Seattle, Ray Charles Mr. ALLARD. Mr. President, on sites. met Quincy Jones, showing the young Tuesday, June 15, I received some very While I am saddened to see her leave future producer how to write and com- sad news, that Jessie Roberson had an- her post at the Department, I know pose music. It was the beginning of a nounced her resignation as the Assist- that she has nothing but the brightest lifelong friendship. ant Secretary for Environmental Man- future ahead of her. I am proud to call It was on the West Coast that Ray agement at the Department of Energy her my friend and I wish Jessie and her Charles’ famous career truly began to effective July 15. daughter Jessica all the best. Thank develop. Swingtime Records signed I have known Jessie since I was first you, Jessie Roberson, for your service. Charles in Seattle, giving him his first elected to the Senate in 1996. At the f break in the music business. And in time she was the site manager for the 1950, the company flew him to Los An- Rocky Flats Environmental Tech- 60TH ANNIVERSARY OF GI BILL geles to record. In 1952 his contract was nology site in my State of Colorado. Ms. CANTWELL. Mr. President, I purchased by Atlantic Records, and by Through our common interest at rise today to commemorate the 60th 1954, Charles had formed his own band Rocky Flats, I got to know her quite anniversary of one of the most impor- recording his unique raw and tortured well. She not only impressed me with tant bills to ever be passed by this mix of gospel and rhythm n’ blues a her depth of knowledge but here inno- body, the GI bill. Just like the recent style that would later be known as soul vation and determination in making remembrance of D-Day and the unveil- music—with songs like ‘‘I Got A sure that Rocky Flats would be one of ing of the World War II memorial, the Woman,’’ and the later ‘‘Georgia on my the first major DOE sites to close. passage of this landmark legislation is Mind,’’ with ABC-Paramount. Ray Under her watch from 1996 to 1999, the another part of the World War II leg- Charles, the innovator and musical Rocky Flats closure date went from acy. provocateur was being called ‘‘The Ge- 2015 to 2006. I know it was her leader- Sixty years ago today, President nius’’ by contemporaries and playing ship that moved this ambitious plan Roosevelt signed into law the ‘‘Service- at such famous venues as Carnegie Hall forward. men’s Readjustment Act of 1944.’’ That and the Newport Jazz Festival. When President Bush was elected in bill created unprecedented access to In the 1960s, Ray Charles would truly 2000, it was that same leadership and education and training for tens of come to call Los Angeles home. He had determination that convinced me to thousands of military members return- his own studio designed and built by put her name forward knowing that she ing home after World War II. long time friend and business manager would be the best person for the job of Even before the War ended, Congress Joe Adams, and recorded his first Assistant Secretary for Environmental and the Administration were preparing album, ‘‘Country and Western Meets Management at the Department. And I for the return of over 15 million men Rhythm and Blues,’’ at the studio in can say, unequivocally, that she has and women serving in the armed serv- 1965. Charles would continue his re- not disappointed. ices. Without intervention, those 15 cording career here for nearly 40 years When I met with her shortly after million would have no jobs or opportu- until his death, and once said of the being confirmed, I told her that the en- nities when they returned home. To

VerDate May 21 2004 04:43 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.118 S22PT1 S7166 CONGRESSIONAL RECORD — SENATE June 22, 2004 prevent postwar depression caused by breadth of their experience and skills, the military or not need help covering mass unemployment, an agency within draft cover letters, and research em- educational expenses. We need to make the Administration, called the Na- ployment opportunities. Veterans are the same kind of investment in the tional Resource Planning Board, rec- also provided with leads on specific human capital, not just of our veterans ommended a set of programs to provide jobs and employers who seek the returning from Iraq and Afghanistan, education, training and employment unique skills and talents of experi- but for all Americans. We need a GI bill for returning soldiers. One of these rec- enced veterans. for all Americans. ommendations became the Service- Staff of the Pierce County LVER also In the ever-changing global economy, men’s Readjustment Act of 1944, which set up three major job fairs each year, the success of our companies depends was supported by the American Legion which attract over more than 6,000 vet- on adaptability and innovation. As a and other veteran organizations, and erans and employers each year. The result, we must change the way we was unanimously passed both chambers LVER office coordinates its activities educate and prepare workers to com- of Congress. President Franklin D. with over 500 local, State, and national pete in the global economy. When na- Roosevelt signed it into law on June 22, employers, giving veterans access to a tional leaders were confronted with 1944. unique national support network. The fundamental changes in the size and This bill became know as GI bill, and LVER staff includes men and women nature of the country’s workforce fol- it provided a range of benefits to help like Sam Mack, Sal Cantu, Tanya lowing World War II, they stepped up veterans reintegrate into the work- Brewster, and Vicki Bishop, all of to address the challenge with the GI force and American society. It provided whom are decorated veterans who are bill. The economic sea changes we face education and training; loan guaranty proud to support their fellow service- today demand a similar response. To maintain our economic competi- for a home, farm, or business; unem- men and women. tiveness, we must keep up with the deployment pay for up to a year; job- Sal Cantu, a resident of Pierce Coun- ty, epitomizes the dedication and command for skilled workers across all sec- search assistance; building materials tors of the economy. The changing mitment of his colleagues. Sal coordi- for veterans hospitals; and military re- economy has increased the demand for nated a national effort to not only cel- view of dishonorable discharges. a college degree. In February, the Bu- ebrate the GI bill, but specifically to Veterans were entitled to one year of reau of Labor Statistics reported that 6 recognize the LVER program and its full-time education or training, plus a of the 10 fastest-growing occupations in period equal to their time in service, tremendous impact on service members the U.S. economy require an associ- up to four years. This program had a who seek meaningful employment once ate’s degree or bachelor’s degree, and tremendous impact on college enroll- they return home. More than 25 State that all ten of these careers will re- ment in this country. In fact, in 1947, governors wrote letters lauding the ef- quire some type of skills training. By which was the peak year of the pro- forts of the Pierce County LVER staff 2010, 40 percent of all job growth will gram, veterans accounted for 49 per- to recognize the significant impact of require some form of post-secondary cent of college enrollment. their program. education. Out of a veteran population of 15.4 Most importantly, Sal, a 40 percent- To keep pace in the new, knowledge- million, just over half—7.8 million— disabled Vietnam era veteran, knows and information-based economy, it’s were trained, including 2.23 million in how to build trusting and lasting rela- imperative that we equip our work- college, 3.48 million in other schools, tionships with veterans. For him, help- force with the skills to succeed in high- 1.4 million in on-job training, and ing veterans chart the next stage of wage jobs. If we fail, those who lack 690,000 in farm training. their careers is a labor of love. I am ex- skills will fall further and further be- Millions of veterans, who would have tremely proud of the many men and hind, imperiling not just their indi- flooded the labor market, instead opted women like Sal who, after serving hon- vidual futures, but America’s ability to for education, which reduced jobless- orably in the military, have made it compete in the global economy. ness during the demobilization period. their second career to support and help It is the responsibility of this body to When they did enter the labor market, locate jobs for their fellow veterans. return to the level of investment in most were better prepared to con- Yet before the Servicemen’s Read- higher education that this country tribute to the support of their families justment Act of 1944, the United States made 60 years ago. We do need a new GI and society. did not provide employment or voca- bill for all Americans, and I, for one, The GI bill created an initiative tional services for veterans upon their intend to fight to make the idea of uni- called the Local Veterans Employment completion of military service. Since versal post-secondary education come Representative Program, or LVER. the first GI bill, there have been five to fruition. This program hired wartime veterans subsequent programs enacted to pro- f to work in employment centers across vide benefits to veterans of other mili- ADDITIONAL STATEMENTS the U.S. to help other veterans secure tary conflicts—from the Korean con- counseling and employment. For 60 flict to the war in Iraq. The most re- years, the LVER Program has helped cent bill, the Montgomery GI bill en- TRIBUTE TO TOBY GROSSMAN veterans find jobs, training, and edu- acted in 1985, is the largest contem- ∑ Mr. BINGAMAN. Mr. President, I cation. It has become an integral part porary program providing education take this opportunity to share with the of employment services and has been benefits to military personnel. All en- Senate the memory of an extraor- instrumental in helping veterans to re- listed soldiers and veterans are eligible dinary woman. Toby Grossman, of Al- sume normal lives after returning. for between $7,500 and $35,000 in edu- buquerque, NM, lost her battle with Today, LVER staff in my home State cational aid. This program has at- cancer on May 25, 2004. Her husband, include some of the best-trained work- tracted men and women into the armed Leonard, and daughter, Jennifer, sur- er placement and retraining experts in forces by helping to pay for college. vive her. the country. For Washington, which Today, over 90 percent of those who Ms. Grossman was the senior staff at- has one of the largest concentrations of enter the military enroll in the Mont- torney at the American Indian Law servicemen and women, veterans, and gomery GI bill program. Center, Inc, the oldest existing Indian- their families, this is very important. As we reflect on the history and suc- controlled and operated legal and pub- Within my state, Pierce County has a cess of the GI bill, we should consider lic policy organization in the country, particularly high active military and how this program can translate to all having joined the center in 1971. She veteran population, and the LVER pro- Americans. The spirit of the GI bill also served as the administrator of the gram there is a terrific example of that in exchange for contributing to Southwest Intertribal Court of Ap- what is possible. society, this country should help indi- peals, a voluntary court of appeals The Pierce County LVER program viduals invest in themselves also holds available to tribes in Arizona, Colo- ensures that over 25,000 veterans re- true for those who have not served in rado, New Mexico, and west Texas. ceive the vital re-employment support the military. As the cost of education Ms. Grossman was a graduate of the they deserve. With staff assistance, rises, many low- and middle-income University of Florida and the Univer- they write resumes that reflect the students—whether they have served in sity of New Mexico School of Law, and

VerDate May 21 2004 04:43 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.117 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7167 a member of the New Mexico Bar. A who had sailed with Dugua across the After his military service, he chose lecturer at the UNM School of Law, she Atlantic from their native France. to answer his highest call, the Chris- regularly taught courses on the Indian At that moment, the European set- tian ministry. He has poured himself Child Welfare Act and tribal govern- tlers began to craft a new history for into that calling with conviction and ment and she co-taught a course on this place they called ‘‘Acadie.’’ But it zeal, and the harvest has been tremen- Tribal-State relations. Ms. Grossman is important to remember that the Na- dous. He now pastors the 4,000 member was a superb teacher. In class, she was tive Peoples, the Wabanaki, had al- First Baptist Church of Daytona serious, probing and enthusiastic. She ready authored their own, proud his- Beach, FL. And, now, his Southern set high standards for herself and ex- tory of North America, although it has Baptist Convention has chosen him as pected the same from her students. Yet taken us, in some cases, all too many their president. she was also friendly and caring in her years to understand that. That the Na- His leadership of this vibrant and relations with students, many of whom tive tribes welcomed Dugua and his fol- growing denomination will continue its she remained close with long after they lowers speaks to one of the noblest as- success in touching the lives of mil- graduated. pects of human nature—an instinct to lions who are struggling to find mean- She specialized in child welfare reach out to men and women in need, ing in their lives. This denomination issues including child abuse and ne- to our human neighbors, whenever we every day provides aid, comfort, pur- glect, drafting of tribal codes, as well can help, whether they live across the pose, and hope to people that are hurt- as assisting several tribes in negoti- street, or across the world. Certainly, ing and in need. They help those who ating Tribal-State agreements on the that generous impulse lives on today are sick and dying, those with marital Indian Child Welfare Act and trained among the members of the Passama- problems, those in jail, those with alco- social workers and judges on child wel- quoddy Nation. hol and drug problems. They sanctify fare law. She also led the American In- The historical bond between the Na- marriage, celebrate births, and provide dian Law Center team that developed tive Peoples is also one to celebrate solace at times of death and loss. They and remember. The lives and personal- the first Model Children’s Code for further these goals through a world- ities of the people in this region con- tribes, as well as Model Codes for Child wide ministry. They provide specific tinue to be shaped, generation after Welfare, Adoption, and Prevention of advice and financial help and a vision generation, by the history, legends, Elder Abuse. In these and other areas, of an new and better life in Christ. and purpose forever invested in this local, State and tribal governments, as That’s what they do—and they do it coastal stone and soil by Pierre Dugua well as attorneys, frequently sought every day. And they do it without gov- and his companions, one of whom was her advice and services. ernment aid or direction. They do it the great Samuel Champlain, the ‘‘Fa- Ms. Grossman’s private life was no also with fidelity, as they understand ther of Canada.’’ Let us not forget that less exemplary than her public work. it, to the Word contained in the Holy 23 of the original French settlers re- She was a good friend and was devoted Scriptures. Faithfulness to righteous main interred on this island today, to her synagogue. Despite the long living, even in times of corruption and making this a sacred, as well as a his- hours she devoted to her professional excess, has always been a cornerstone torical, site. and civic activities, she always found After four centuries, the settlement of the Baptist way and it has bene- time to be a loving wife, mother, and of St. Croix remains a powerful lesson, fitted our Nation in far more ways friend. a parable that is not only about a jour- than we can list. So, it is appropriate Toby Grossman was a remarkable ney of a thousand miles, beginning that we pause a moment to recognize person, who significantly influenced with a single step, but also about the Reverend Welch and his life and the the law, her many students, the New extraordinary ability of diverse cul- many contributions of the Baptist de- ∑ Mexico legal community, and all of In- tures to support and enrich one an- nomination he leads. dian country. Her work has improved other, and, in the end, to create new f the lives of numerous Indian children, cultures, new peoples who bring unique most of whom she never had a chance TRIBUTE TO DAVID HENRY, SR. and singular strengths to the never- AND DAVID HENRY, JR. to meet. She leaves behind an indelible ending, universal campaign to build a ∑ ∑ Mr. SESSIONS. Mr. President, I wish mark on this world. peaceful and prosperous world.∑ f to recount a special discovery made re- f cently in south Georgia by a Bir- CELEBRATING ST. CROIX ISLAND, TRIBUTE TO REVEREND BOBBY mingham constituent of mine. The dis- MAINE WELCH covery was of a letter dated April 8, ∑ Ms. SNOWE. Mr. President, today I ∑ Mr. SESSIONS. Mr. President, I 1943, that was sent from a 24-year-old mark the celebration of the 400th anni- would like to take this opportunity to Alabama soldier serving in North Afri- versary of the settlement of St. Croix recognize Reverend Bobby Welch, a na- ca to his newborn son back home. A Island, in Calais, ME, one of the ear- tive of Fort Payne, AL. Recently, Rev- world war was raging and the letter’s liest European settlements in North erend Welch was elected President of author, David Henry, Sr., of Roanoke, America. It is an extraordinary site the 16.3 million member Southern Bap- AL, was concerned that he might never with a remarkable story to tell—a nar- tist Convention. A 1965 graduate of get to see his newborn son. It is a spe- rative overflowing with adventure, Jacksonville State University, Rev- cial letter, indeed, sent from another courage, risk, and a very special friend- erend Welch entered the Army and was continent and reflecting the essential ship between the Native tribes who sent to fight in Vietnam, where he values and life’s lessons that Mr. Henry peopled this region long ago and the demonstrated his bravery and commit- wanted to impart to his 3-month-old pioneers who crossed an ocean in pur- ment to our great Nation. Reverend son, David Henry, Jr. Among other suit of opportunity, prosperity, and Welch was shot by Vietnamese forces things, the letter tells young David freedom. and left for dead on the battlefield. about the value of choosing work you There is an old Sioux proverb: ‘‘A This United States paratrooper, Rang- enjoy, developing a love of reading, People without History is like Wind in er, and Green Beret received a Bronze finding a hobby, and guarding against the Buffalo Grass.’’ When expedition Star and Purple Heart in recognition of greed and selfishness. leader Pierre Dugua and his company his courage and service. Fortunately, Mr. Henry, Sr., survived of 120 settlers arrived on the shores of The achievements of Reverend Welch the war and returned home to his wife what is now the great State of Maine, demonstrate the leadership qualities of and young son. The letter and the the First Peoples, the ‘‘People of the Americans. Reverend Welch has upheld penned wisdom, however, has lain dor- Early Dawn,’’ or Wabanaki, had al- the principles of our Founding Fathers mant for more than 60 years. Mr. ready occupied these lands for thou- through his military service to his Henry, Jr., discovered the letter re- sands of years. Nevertheless, they came country. His courage in harm’s way cently while cleaning out his parents’ out of their villages with open hearts mirrors that of the brave soldiers who house in south Georgia. Mr. Henry’s and open hands to welcome Dugua and now risk their lives daily for the main- dad died this past February. Mr. Henry the 120 noblemen, artisans, and soldiers tenance of democracy. sent me a copy of his father’s letter,

VerDate May 21 2004 05:12 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.041 S22PT1 S7168 CONGRESSIONAL RECORD — SENATE June 22, 2004 urging that it be used in some produc- ‘‘There is quite a bit of difference between this greedy world of ours, we run over each tive way. I found the lessons and wis- saving and being selfish. If a person should other trying to get, we know not what, but dom in the letter profound, and as rel- throw something away, and you come along with the idea that we must get it before the evant today as they were in 1943. I for- and save it until you need it, than that other fellow does . . . I think the first lesson would be saving. If you have something you toward happiness is to learn to share what warded the letter to The Birmingham do not need and you throw it away, even you have with someone else,’’ his father News, which ran a timely and touching though you know someone else might be able wrote. Page 1 story on May 29, 2004, over the to use it, then you are being selfish. Learn to This advice was no surprise, Henry Jr. said. Memorial Day weekend. appraise an article, and if it has a value, His father once dropped the price of some Written far away from his home and then save it. Remember what it is and where property he was selling, right at closing loved ones, Mr. Henry, Sr.’s, letter it is, so that when you or someone else needs time, much to the surprise of the buyer and truly reflects the thoughts of a young it you will be able to find it. Learn to save the lawyers in the room. ‘‘I feel like I’m man wise beyond his years. I ask con- money. Put it where it can be used. Do not overcharging you,’’ he told the buyer. sent that the letter and the accom- hide it so that no one else can use it. After his father retired from the Air Force panying newspaper article by Bir- ‘‘One of the most important things that I and the U.S. Postal Service, he began cut- want my boy to know is that it always pays ting limbs and trees, ‘‘big old water oak mingham News reporter Carla Crowder to be honest. No matter how small or how in- trees,’’ down in southwest Georgia where he be printed in the RECORD, so that all significant, it always pays to tell the truth. lived. He charged next to nothing. ‘‘He prob- can benefit from its timeless wisdom. Be honest, do not take that which does not ably cut trees for half the widows in Bain- The material follows: belong to you. Do not bother with other peo- bridge,’’ his son said. (North Africa, April 8, 1943) ple’s things. However deep you get in trou- There’s a bit of that in the letter as well. ‘‘My Dear Son: ble, go to someone, tell them the truth and ‘‘Learn to cut wood, learn the art of rolling ‘‘This is the first letter your dad has ever you will find the easiest way out. a wheelbarrow or how to handle a hoe. Take written you, and I expect it will be the last ‘‘Very soon you will make a trip from Bir- long walks. Hike through rough wooded until I see you. Today you are almost three mingham to Roanoke, a distance of about country,’’ it reads. months old. Tomorrow will be your birthday, one hundred and twenty miles. That is far- He encouraged his boy to never be without and I can only say ‘Happy birthday, son.’ ther away from home than I was until I was a hobby. Henry Jr. loves photography. ‘‘When you were born I was a long, long about 19 years old. You will learn as you He encouraged travel. way from your mother doing my little part grow older that a city is a city whether it is ‘‘You will learn as you grow older that a toward preserving the freedom of our coun- in Alabama, Georgia, New York, England or city is a city whether it is in Alabama, Geor- try. Had there been no war, nothing could Africa. I want you to travel early, to find out gia, New York, England or Africa,’’ it says. have kept me from being with your mother what it took me years to find out, that every ‘‘See for yourself that all people want a on January the ninth. There was a war, country has its hills and dells, its rivers and chance for freedom, a chance to worship as though, and I am glad that I can say that I branches, its oceans and seas. That you can they choose, a chance to talk as they choose had a part toward making our country a safe find all sorts of people in any country, city and a chance to earn their own living.’’ place so that our mothers can live in peace or village. Never-the-less I want you to trav- Henry Jr. took that advice as well. He re- and comfort. el a lot, see the world. See for yourself that cently returned from a trip to Morocco, ‘‘There are lots of things I have learned in all people want a chance for freedom, a where he tried to seek out places his father the past few years, things that I would like chance to worship as they choose, a chance might have been during the war. for you to know and things that I am sure to talk as they choose and a chance to earn By the time the letter was discovered, the you will find to be true as you grow older. their own living. hopeful young airman was dying from de- ‘‘If I were asked to make an eleventh com- ‘‘Your loving Dad’’ mentia in an assisted living center. mandment I think I should say. ‘Thou shall DAVID P. HENRY. Though the son could not determine how not be selfish.’ You will find as the years roll much his father understood, he had to tell by that it is very hard to keep from being [From the Birmingham News, May 29, 2004] him what he’d found. selfish. In this greedy world of ours we run AFTER 61 YEARS, SON GETS LESSONS TO LIVE ‘‘But he didn’t understand, he couldn’t over each other trying to get, we know not BY communicate with me about it,’’ Henry Jr. what, but with the idea that we must get it (By Carla Crowder) said. ‘‘I did talk to him about it, and I before the other fellow does. We do not know thanked him for it.’’ He was only 24 years old, a small-town Ala- when we have enough. We never want to turn He read the letter at his father’s funeral in bama man serving in North Africa in World anything loose, even if we do not need it. We February, and everyone in the church told War II. But David Henry Sr. had a lot to say always want more if we have no place to put him ‘‘that’s exactly how dad was.’’∑ it. I think that the first lesson toward happi- back then as he penned a letter to his new- ness is to learn to share what you have with born son. f some one else. ‘‘This is the first letter your dad has ever ‘‘I should like for my son to know how to written to you, and I expect it will be the work and to enjoy it. I think that the secret last until I see you. Today you are almost PRESIDENT’S REPORT TO CON- toward learning to like to work is to believe three months old,’’ the letter begins. GRESS CONCERNING THE SEC- that you can do your job just a little better It is dated April 8, 1943, Sixth-one years RETARY OF COMMERCE’S CER- than anyone else. I think that every success- later, David Henry Jr. read his father’s TIFICATION UNDER SECTION 8 ful man enjoys hard, strenuous outside work words. OF THE FISHERMAN’S PROTEC- as much or maybe more than the office. For the first time. TIVE ACT OF 1967, AS AMENDED His mother apparently forgot to pass the Start early, learn to cut wood, learn the art (THE ‘‘PELLY AMENDMENT’’) (22 of rolling a wheelbarrow or how to handle a letter along, and he had no idea it existed. hoe. Take long walks. Like through wooded ‘‘With seven children, and us moving around U.S.C. 1978) THAT ICELAND HAS country and by all means never miss a rabbit a lot, a lot of things just got packed up, pic- CONDUCTED WHALING ACTIVI- hunt. tures and letters,’’ he said. TIES THAT DIMINISH THE EF- ‘‘Begin early to read. Always have some- What he uncovered while going through his FECTIVENESS OF THE INTER- thing in your pocket to read while waiting parents’ belongings last fall revealed a young NATIONAL WHALING COMMIS- on a bus or while trying to go to sleep. Read- father wise beyond his years. SION (IWC) CONSERVATION PRO- ‘‘It meant so much to me to be able to hear ing is knowledge and knowledge is success. GRAM—PM 88 ‘‘Until you are one hundred years old, what he thought was important, and the never be without a hobby. If you are inter- things he mentioned in there contained such The PRESIDING OFFICER laid be- ested in woodwork, then you shall have a wisdom for a young person,’’ said Henry Jr., fore the Senate the following message shop before you are 10 years of age. If you 61, who works as director of information from the President of the United are interested in radio, then you shall have services for American Cast Iron Pipe Co. ‘‘It States, together with an accompanying was so important, I just want to share it any type of equipment to tinker with that report; which was referred to the Com- you wish. Gather information from every with the world.’’ source possible. Gather reading material Henry Jr. was a toddler when his father re- mittee on Commerce, Science, and from every place where you might find it. turned from the war. His parents had grown Transportation: What you learn from your hobbies goes a up in Roanoke in Randolph County, but lived To the Congress of the United States: long way toward your success in life. throughout the Southeast while his father On June 16, 2004, Secretary of Com- ‘‘Learn early to make friends. Always re- was in the military. merce Donald Evans certified under member that you cannot buy real friendship. The 1943 letter extols the value of honesty, Remember that a real friend is one of the friendship and hard work, as might be ex- section 8 of the Fisherman’s Protective most valuable possessions a person may pected. But it goes much further. Act of 1967, as amended (the ‘‘Pelly have. Learn new names, new faces, facts ‘‘You will find as the years roll by that is Amendment’’) (22 U.S.C. 1978), that Ice- about people. Learn to really know people. it very hard to keep from being selfish. In land has conducted whaling activities

VerDate May 21 2004 06:36 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.119 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7169 that diminish the effectiveness of the research whaling program, and do not H.R. 4589. An act to reauthorize the Tem- International Whaling Commission believe that imposing import prohibi- porary Assistance for Needy Families block (IWC) conservation program. This mes- tions would further our objectives. grant program through September 30, 2004, and for other purposes. sage constitutes my report to the Con- GEORGE W. BUSH. gress consistent with subsection (b) of THE WHITE HOUSE, June 22, 2004. f the Pelly Amendment. f MEASURES REFERRED The certification of the Secretary of Commerce is the first against Iceland MESSAGES FROM THE HOUSE The following bills were read the first for its lethal research whaling pro- At 2:53 a.m., a message from the and second times by unanimous con- gram. In 2003, Iceland announced that House of Representatives, delivered by sent, and referred as indicated: it would begin a lethal research whal- Ms. Niland, one of its reading clerks, H.R. 3706. An act to adjust the boundary of ing program and planned to take 250 announced that the House has passed the John Muir National Historic Site, and the following bills, in which it requests for other purposes; to the Committee on En- minke, fin, and sei whales for research ergy and Natural Resources. purposes. The United States expressed the concurrence of the Senate: H.R. 3751. An act to require that the Office strong opposition to Iceland’s decision, H.R. 884. An act to provide for the use and of Personnel Management study current in keeping with our longstanding pol- distribution of the funds awarded to the practices under which dental, vision, and icy against lethal research whaling. Western Shoshone identifiable group under hearing benefits are made available to Fed- Iceland’s proposal was criticized at the Indian Claims Commission Docket Numbers eral employees, annuitants, and other class- June 2003 IWC Annual Meeting by a 326–A–1, 326–A–3, and 326–K, and for other es of individuals, and to require that the Of- purposes. fice also present options and recommenda- majority of members of the IWC Sci- H.R. 3706. An act to adjust the boundary of entific Committee, and the IWC passed tions relating to how additional dental, vi- the John Muir National Historic Site, and sion, and hearing benefits could be made so a resolution that urged Iceland not to for other purposes. available; to the Committee on Govern- commence this program. In addition, H.R. 3751. An act to require that the Office mental Affairs. the United States, along with 22 other of Personnel Management study current H.R. 3797. An act to authorize improve- nations, issued a joint protest asking practices under which dental, vision, and ments in the operations of the government of Iceland to halt the program imme- hearing benefits are made available to Fed- the District of Columbia, and for other pur- eral employees, annuitants, and other class- diately. The United States believes the poses; to the Committee on Governmental es of individuals, and to require that the Of- affairs. Icelandic research whaling program is fice also present options and recommenda- of questionable scientific validity. Sci- H.R. 4222. An act to designate the facility tions relating to how additional dental, vi- of the United States Postal Service located entific data relevant to the manage- sion, and hearing benefits could be made so at 550 Nebraska Avenue in Kansas City, Kan- ment of whale stocks can be collected available. sas, as the ‘‘Newell George Post Office Build- by non-lethal techniques. Since Ice- H.R. 3797. An act to authorize improve- ing’’; to the Committee on Governmental Af- land’s 2003 announcement, Iceland re- ments in the operations of the government of fairs. duced its proposed take to 38 minke the District of Columbia, and for other pur- H.R. 4363. An act to facilitate self-help poses. housing homeownership opportunities; to the whales and in implementing its lethal H.R. 3846. An act to authorize the Sec- Committee on Banking, Housing, and Urban research program, killed 36 whales last retary of Agriculture and the Secretary of Affairs. year. For this year, Iceland has pro- the Interior to enter into an agreement or H.R. 4471. An act to clarify the loan guar- contract with Indian tribes meeting certain posed taking 25 minke whales. The antee authority under title VI of the Native criteria to carry out projects to protect In- United States welcomes this decision American Housing Assistance and Self-De- dian forest land. to reduce the take and to limit it to termination Act of 1996; to the Committee on H.R. 4222. An act to designate the facility minke whales, and we appreciate Ice- Indian Affairs with instructions that when of the United States Postal Service located the Committee reports, the bill be referred land’s constructive work with the at 550 Nebraska Avenue in Kansas City, Kan- pursuant to the order of May 27, 1988, to the United States at the IWC on a variety sas, as the ‘‘Newell George Post Office Build- Committee on Banking, Housing, and Urban of whaling issues. These adjustments, ing’’. however, do not change our assessment H.R. 4363. An act to facilitate self-help Affairs for a period not to exceed 60 days. that Iceland’s lethal research whaling housing homeownership opportunities. The following concurrent resolution program is of questionable scientific H.R. 4471. An act to clarify the loan guar- was read, and referred as indicated: validity and diminishes the effective- antee authority under title VI of the Native H. Con. Res. 450. Concurrent resolution rec- American Housing Assistance and Self-De- ognizing the 40th anniversary of the day civil ness of the IWC’s conservation pro- termination Act of 1996. gram. rights organizers Andrew Goodman, James In his letter of June 16, 2004, Sec- The message also announced that the Chaney, and Michael Schwerner gave their retary Evans expressed his concern for House has passed the following bill, lives in the struggle to guarantee the right without amendment: to vote for every citizen of the United States these actions, and I share these con- and encouraging all Americans to observe cerns. I also concur in his recommenda- S. 2017. An act to designate the United States courthouse and post office building the anniversary of the deaths of the 3 men by tion that the use of trade sanctions is located at 93 Atocha Street in Ponce, Puerto committing themselves to ensuring equal not the course of action needed to re- Rico, as the ‘‘Luis A. Ferre United States rights, equal opportunities, and equal justice solve our current differences with Ice- Courthouse and Post Office Building’’. for all people; to the Committee on the Judi- ciary. land over research whaling activities. The message further announced that Accordingly, I am not directing the the House has agreed to the following f Secretary of the Treasury to impose concurrent resolution, in which it re- MEASURES PLACED ON THE trade sanctions on Icelandic products quests the concurrence of the Senate: CALENDAR for the whaling activities that led to H. Con. Res. 450. Concurrent resolution rec- The following bill was read the first certification by the Secretary of Com- ognizing the 40th anniversary of the day civil merce. However, to ensure that this and second times by unanimous con- rights organizers Andrew Goodman, James sent, and placed on the calendar: issue continues to receive the highest Chaney, and Michael Schwerner gave their level of attention, I am directing U.S. lives in the struggle to guarantee the right H.R. 884. An act to provide for the use and delegations attending future bilateral to vote for every citizen of the United States distribution of the funds awarded to the and encouraging all Americans to observe Western Shoshone identifiable group under meetings with Iceland regarding whal- Indian Claims Commission Docket Numbers ing issues to raise our concerns and the anniversary of the deaths of the 3 men by committing themselves to ensuring equal 326–A–1, 326–A–3, and 326–K, and for other seek ways to halt these whaling ac- rights, equal opportunities, and equal justice purposes. tions. I am also directing the Secre- for all people. f taries of State and Commerce to keep this situation under close review and At 4:04 p.m., a message from the EXECUTIVE REPORTS OF to continue to work with Iceland to en- House of Representatives, delivered by COMMITTEES courage it to cease its lethal scientific Mr. Hays, once of its reading clerks, The following executive reports of research whaling activities. I believe announced that the House has passed committees were submitted: these diplomatic efforts hold the most the following bill, in which it requests By Mr. LUGAR for the Committee on For- promise of effecting change in Iceland’s the concurrence of the Senate: eign Relations.

VerDate May 21 2004 06:36 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.044 S22PT1 S7170 CONGRESSIONAL RECORD — SENATE June 22, 2004 *Thomas Fingar, of Virginia, to be an As- them. To the best of my knowledge, the in- League; $100, 2000, CALPRIG; $100, 2002, Doc- sistant Secretary of State (Intelligence and formation contained in this report is com- tors without Borders; $200, 2003, Howard Research). plete and accurate.) Dean; $115, 2003, Forests Forever; $120, 2003, *James R. Kunder, of Virginia, to be an As- Nominee: Lewis William Lucke. Environment C.A.; $100, 2003, Doctors with- sistant Administrator of the United States Post: Swaziland. out Borders; $35, 2004, Human Rights Cam- Agency for International Development. Contributions, amount, date, and donee: paign; $180, 2004, CA Peace Action League. *Edward Brehm, of Minnesota, to be a 1. Self, $250, 7/99, George W. Bush. Laura Ries (half sister) and Scott Brown Member of the Board of Directors of the Afri- 2. Spouse: Joy Lucke, $250, 7/99, George W. (brother in law), $50, 2003, Georgia Repub- can Development Foundation for a term ex- Bush. lican Party. piring November 13, 2007. 3. Children and Spouses: Allison Lucke, 0; *Adam Marc Lindemann, of New York, to Lindsay Lucke, 0; Austin Lucke, 0; *James B. Cunningham, of Pennsylvania, a be Member of the Advisory Board for Cuba 4. Parents: Everett Lucke, deceased; Eliza- Career Member of the Senior Foreign Serv- Broadcasting for a term expiring October 27, beth K. Lucke, deceased; ice, Class of Career Minister, to be Rep- 2005. 5. Grandparents: Elizabeth King, deceased; resentative of the United States of America *Ann M. Corkery, of Virginia, to be an Al- Hurley H. King, deceased; Everett Lucke, de- to the Vienna Office of the United Nations, ternate Representative of the United States ceased; Leanette D. Lucke, deceased. with the rank of Ambassador. of America to the Fifty-eighth Session of the 6. Brothers and Spouses: NA. (The following is a list of all members of General Assembly of the United Nations. 7. Sisters and Spouses: Anne J. Lucke, 0; my immediate family and their spouses. I *Benjamin A. Gilman, of New York, to be Don Robertson, 0. have asked each of these persons to inform a Representative of the United States of me of the pertinent contributions made by America to the Fifty-eighth Session of the *R. Niels Marquardt, of California, a Ca- them. To the best of my knowledge, the in- General Assembly of the United Nations. reer Member of the Senior Foreign Service, formation contained in this report is com- *Walid Maalouf, of Virginia, to be an Alter- Class of Counselor to be Ambassador Ex- plete and accurate.) nate Representative of the United States of traordinary and Plenipotentiary of the Nominee: James B. Cunningham. America to the Fifty-eighth Session of the United States of America to the Republic of Post: Representative to Vienna Office of General Assembly of the United Nations. Cameroon, and to serve concurrently and the UN. *Anne W. Patterson, of Virginia, a Career without additional compensation as Ambas- Contributions, amount, date, and donee: Member of the Senior Foreign Service, Class sador Extraordinary and Plenipotentiary of 1. Self, none. of Career Minister, to be Deputy Representa- the United States of America to the Republic 2. Spouse, none. tive of the United States of America to the of Equatorial Guinea. 3. Children: Emma, none; Abigail, none. United Nations, with the rank and status of (The following is a list of all members of 4. Parents: Blair, deceased; Julia, deceased. Ambassador Extraordinary and Pleni- my immediate family and their spouses. I 5. Grandparents: Knowles, deceased; potentiary, and the Deputy Representative have asked each of these persons to inform Cunningham, deceased. of the United States of America in the Secu- me of the pertinent contributions made by 6. Brothers and Spouses: Thomas, none; rity Council of the United Nations. them. To the best of my knowledge, the in- William, estranged, believe none. *Anne W. Patterson, of Virginia, a Career formation contained in this report is com- 7. Sisters and Spouses: Carol, none; Kath- Member of the Senior Foreign Service, Class plete and accurate.) leen, deceased. of Career Minister, to be a Representative of Contributions, amount, date, and donee: the United States of America to the Sessions 1. Self, $25, 2002, Mike Clancy. *Suzanne Hale, of Virginia, a Career Mem- of the General Assembly of the United Na- 2. Spouse: Judith Marquardt, none. ber of the Senior Foreign Service, Class of tions during her tenure of service as Deputy 3. Children and Spouses: Kaia, Kelsey, Career Minister, to be Ambassador Extraor- Representative of the United States of Amer- Torrin and Yannika (all single). none. dinary and Plenipotentiary of the United ica to the United Nations. 4. Parents: Robert Marquardt (deceased); States of America to the Federated States of *John C. Danforth, of Missouri, to be Rep- Helen Marquardt, none. Micronesia. resentative of the United States of America 5. Grandparents: Frank and Gurina (The following is a list of all members of to the Sessions of the General Assembly of Marquardt (both deceased); Charles and Inga my immediate family and their spouses. I the United Nations during his tenure of serv- Nielsen (both deceased). have asked each of these persons to inform ice as Representative of the United States of 6. Brothers and Spouses: no brothers. me of the pertinent contributions made by America to the United Nations. 7. Sisters and Spouses: Inga (and Jack) them. To the best of my knowledge, the in- *Joseph D. Stafford III, of Florida, a Career Canfield, approximately $10,000 in total con- formation contained in this report is com- Member of the Senior Foreign Service, Class tributed over past ten years to Al Gore, Bill plete and accurate.) of Career Minister-Counselor, to be Ambas- Clinton, Louise Capps, the DNC, and John Nominee: Suzanne Hale. sador Extraordinary and Plenipotentiary of Vasconcelles; Lucinda (and Gene) Scalco, Post: Federated States of Micronesia. the United States of America to the Republic none. Contributions, amount, date, and donee: of The Gambia. 1. Self, none. (The following is a list of all members of * Charles P. Ries, of the District of Colum- 2. Spouse: Hunter D. Hale, none. However, my immediate family and their spouses. I bia, a Career Member of the Senior Foreign in order to obtain mailings in presidential have asked each of these persons to inform Service, Class of Minister-Counselor, to be election years, my husband, who is an inde- me of the pertinent contributions made by Ambassador Extraordinary and Pleni- pendent, has sent small amounts of money them. To the best of my knowledge, the in- potentiary of the United States of America (less than $35 each) to both the Republican formation contained in this report is com- to Greece. and Democratic National Committees. plete and accurate.) Nominee: Charles Parker Ries. 3. Children and Spouses: Hunter A. Hale, Joseph Dewey Stafford, III. Post: Greece. none; Mary Catherine Hale, none. Post: U.S. Embassy, Abidjan. (The following is a list of all members of 4. Parents: John Kreitner, deceased; Vivian Contributions, amount, date, and donee: my immediate family and their spouses. I Kreitner, none. 1. Self, none. have asked each of these persons to inform 5. Grandparents: Albert and Aline 2. Spouse, none. me of the pertinent contributions made by Kreitner, deceased; Glen and Martha Marks, 3. Children and spouses: David M. Stafford, them. To the best of my knowledge, the in- deceased. none. formation contained in this report is com- 6. Brothers and spouses, none. 4. Parents: Joseph D. Stafford, Jr., none; plete and accurate.) 7. Sisters and spouses: Nancy McIver, none; Barbara S. Stafford (deceased). Contributions, amount, date, and donee: Joanne Fitzgerald, none; Richard Fitzgerald, 5. Grandparents: Joseph D. Stafford (de- 1. Self, none. none. ceased); Lela Stafford (deceased). 2. Spouse: Marcie B. Ries, none. 6. Brothers and Spouses: Richard M. Staf- 3. Children: Alexander B. Ries, none; Mere- *William R. Brownfield, of Texas, a Career ford (unmarried), none. dith B. Ries, none. Member of the Senior Foreign sService, 7. Sisters and Spouses: Janet E. Stafford 4. Parents: Al Ries (father), none; Lois Class of Minister-Counselor, to be Ambas- (unmarried), none. Faison Cope (mother), $200, 2000, Bush for sador Extraordinary and Plenipotentiary of President Committee; $380, 2001, Hawaii Re- the United States of America to the * Lewis W. Lucke, of Texas, a Career Mem- public Committee; $120, 2003, National Re- Bolivarian Republic of Venezuela. ber of the Senior Foreign Service, Class of publican Senate Fund; $100, 2003, Republican (The following is list of all members of my Minister-Counselor, to be Ambassador Ex- National Committee. immediate family and their spouses. I have traordinary and Plenipotentiary of the 5. Grandparents, none. asked each of these persons to inform me of United States of America to the Kingdom of 6. Brothers and Spouses, none. the pertinent contributions made by them. Swaziland. 7. Sisters and Spouses: Dorothy Meder (sis- To the best of my knowledge, the informa- (The following is a list of all members of ter) and Stephen Meder (brother in law), tion contained in this report is complete and my immediate family and their spouses. I none. accurate.) have asked each of these persons to inform Barbara Tien (sister) and Lee Tien (brother Contributions, amount, date, and donee: me of the pertinent contributions made by in law), $120, 2000, California Peace Action 1. Self, none.

VerDate May 21 2004 05:12 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.096 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7171 2. Spouse: Kristie A. Kenney, none. $195, 2003, RNC; $175, 2003, Bush/Cheney/04; 2. Spouse: Jamie A. Rood, $1,000.00, 6/30/00, 3. Children, none. $65, 2002, RNC; $20, 2001, RNC; $130, 2000, RNC. Crenshaw, Ander via Crenshaw for Congress 4. Parents: Father—Albert R. Brownfield, Campaign; $500.00, 10/2/00, Carroll, Jennifer Jr., $25, 1999, Repub. Party of Texas; $100, 9/ *John D. Rood, of Florida, to be Ambas- Sandra via Friends of Jennifer Carroll (JAR 99, John McCain Campaign; $50, 10/99, Ronald sador Extraordinary and Plenipotentiary of Note 1); $1,000.00, 10/29/01, Crenhsaw, Ander Reagan Found.; $50, 10/99, RNC; $150, 2000, the United States of America to the Com- via Crenshaw for Congress Campaign; $500.00, Repub. Party of Terry County, Texas; $30, monwealth of The Bahamas. 11/15/01, Nelson, Bill via Bill Nelson for U.S. 2000, Repub. Party of Texas; $100, 7/00, RNC; (The following is a list of all members of Senate; $1,000.00, 10/15/02, Alexander, Lamar $50, 8/00, Ronald Reagan Found.; $100, 10/00, my immediate family and their spouses. I via Alexander for Senate, Inc.; $1,000.00, 6/30/ Ronald Reagan Found.; $50, 10/00, RNC; $35, have asked each of these persons to inform 03, Bush, George W. via Bush-Cheny ’04, Inc.; 10/00, Bush Pres. Campaign; $50, 12/00, RNC; me of the pertinent contributions made by $2,000.00, 9/26/03, Byrd, Johnnie B. via Friends $50, 1/01, RNC; $30, 1/01, Ronald Reagan them. To the best of my knowledge, the in- of Johnnie Byrd; $1,000.00, 3/25/04, Byrd, Found.; $30, 4/01, Ronald Reagan Found.; $50, formation contained in this report is com- Johnnie B. via Friends of Johnnie Byrd (JAR 2001, Repub. Party of Texas; $100, 2002, plete and accurate.) Note 2); $25,000.00, 3/25/04, Republican Na- Repub. Party of Texas; $100, 2002, RNC; $100, Nominee: John Darrell Rood. tional Committee—Presidential Trust. 2002, Governor of Texas; $100, 2003, Repub. Post: Ambassador to the Bahamas. Contributions, amount, date, and donee: JAR Note 1—This contribution was erro- Party of Texas; $100, 2003, RNC; $100, 2003, neously attributed to John D. Rood instead George W. Bush. 1. Self: $1,000.00, 3/9/00, Crenshaw, Ander via Crenshaw for Congress; $5,000.00, 3/15/00, of Jamie A. Rood. Check records indicate Mother—Virginia E. Brownfield; Deceased. that Jamie A. Rood signed the contribution 5. Grandparents: All deceased for more Americans Nationwide Dedicated to Electing check. than 30 years, none. Repubnlicans PAC (ANDER); 3/31/00; Galla- JAR Note 2—For general election. 6. Brothers and spouses: Albert R. gher, Tom via Tom Gallagher for U.S. Senate Brownfield, III, $150, 1999, Democratic Party, (JDR Note 1); ¥$1,000.00, 5/10/00, Gallagher, 3. Children and spouses: Jennifer A. Rood Shenandoah County, Virginia; $150, 2000, Tom via Tom Gallagher for U.S. Senate (daughter), $2,000.00, 9/15/03, George W. Bush Democratic Party, Shenandoah Cnty, VA; (JDR Note 2); $1,000.00, 5/10/00, Gallagher, via Bush-Cheney ’04, Inc.; $2,000.00, 9/26/03 $100, 2002, Demo. Party of VA; $100, 2002, Tom via Tom Gallagher for U.S. Senate Johnnie B Byrd via Friends of Johnnie Byrd. Demo. Party of VA; $100, 2003, Demo. Party (JDR Note 3); ¥$1,000.00, 6/16/00, Gallagher, Christopher J. Rood (son), $2,000.00, 9/26/03, of VA. Tom via Tom Gallagher for U.S. Senate Johnnie B Byrd via Friends of Johnnie Byrd. Brother’s spouse—Marcia T. Brownfield, (JDR Note 4); $1,000.00; 8/9/00, Republican Na- 4. Parents: Karol K. Rood (mother), none. tional Committee; $1,000.00, 8/15/00, Lazio, $2,000.00, 6/30/03, George W. Bush via Bush- 7. Sisters and spouses: Barbara B. Rushing Rick A. via Lazio 2000, Inc. (New York); Cheney ’04, Inc. and Francis W. Rushing, none; Anne Eliza- $1,000.00, 8/15/00, National Republican Con- J. Neil Rood (father), $2,000.00, 6/30/03, beth Fay and Christopher W. Fay, none. gressional Committee Contributions; George W. Bush via Bush-Cheny ’04, Inc. $10,000.00, 8/31/00, Republican National Com- 5. Grandparents: John William Rood (pa- *Ralph Leo Boyce, Jr., of Virginia, a Ca- mittee; $1,000.00, 9/6/00, Carroll, Jennifer San- ternal grandfather—deceased); Marie Ger- reer Member of the Senior Foreign Service, dra via Friends of Jennifer Carroll (JDR trude Rood (paternal grandmother—de- Class of Minister-Counselor, to be Ambas- Note 5); $1,000.00, 9/29/00, McCollum, Bill via ceased); Henry Richard Peterson (maternal sador Extraordinary and Plenipotentiary of Bill McCollum for U.S. Senate; $700.00, 1/8/01, grandfather—deceased); Corinne Foley Pe- the United States of America to the King- Republican Party of Florida; $250.00, 2/2/01, terson (maternal grandmother—deceased). dom of Thailand. Republican Party of Florida; $12,252.00, 2/8/01, 6. Brothers and spouses: none. (The following is a list of all members of RNC State Elections Committee; $500.00, 10/ 7. Sisters and spouses: Sheryl K. Roach my immediate family and their spouses. I 10/01, Warner, John William via Senator (sister), none during reporting period. have asked each of these persons to inform John Warner Committee (Virginia); $500.00, Sheila Rae Barnette (sister), none during me of the pertinent contributions made by 10/19/01, Harris, Katherine via Friends of reporting period. them. To the best of my knowledge, the in- Katherine Harris; $1,000.00, 6/25/02, Brown- Jack T. Barnette (spouse of Sheila Rae formation contained in this report is com- Waite, Virginia via Brown-Waite for Con- Barnette), none during reporting period. plete and accurate.) gress; $500.00, 9/23/02, National Apartment As- Frank A. Roach (spouse of Sheryl K. Nominee: Ralph L. Boyce, Jr. sociation PAC (NAA PAC); $1,000.00, 10/15/02, Roach), none during reporting period. Post: Ambassador to Thailand. Alexander, Lamar via Alexander for Senate, Contributions, amount, date, and donee: Inc. (Tennessee); $5,000.00, 10/18/02, Repub- *Tom C. Korologos, of the District of Co- 1. Self, none. lican Party of Florida—Federal Campaign lumbia, to be Ambassador Extraordinary and 2. Spouse: Kathryn S. Boyce, none. Committee; $250.00, 11/5/02, Diaz-Balart, Plenipotentiary of the United States of 3. Children and Spouses: Matthew S. Mario via Mario Diaz-Balart for Congress; America to Belgium. Boyce, none; Heather Boyce (spouse), none; $1,000.00, 6/23/03, Crenshaw, Ander via Nominee: Tom Chris Korologos. Erin Boyce, none. Crenshaw for Congress; $2,000.00, 6/30/03, Post: U.S. Ambassador. 4. Parents: deceased. Bush, George W. via Bush-Cheney ’04, Inc.; (The following is a list of all members of 5. Grandparents: deceased. $1,000.00, 7/28/03, Hunter, Duncan via Com- my immediate family and their spouses. I 6. Brothers and Spouses: none. have asked each of these persons to inform 7. Sisters and Spouses: Elizabeth Emory, mittee to Re-Elect Congressman Duncan me of the pertinent contributions made by none; Robert Emory (spouse), none. Hunter (California); $2,000.00, 9/26/03, Byrd, Johnnie B. via Friends of Johnnie Byrd; them. To the best of my knowledge, the information contained in this report is com- *John Marshall Evans, of the District of $2,000.00, 9/30/03, Kilmer, Bev via Bev Kilmer plete and accurate.) Columbia, a Career Member of the Senior for Congress; $25,000.00, 11/13/03, Republican Contributions, amount, date, donee: Foreign Service, Class of Minister-Counselor, National Committee—Presidential Trust; 1. Self: 1/28/2000, $1,000, Friends of Conrad to be Ambassador Extraordinary and Pleni- $1,000.00, 12/15/03, Byrd, Johnnie B. via Burns; 2/8/2000, $1,000, Mike Bilirakis for Con- potentiary of the United States of America Friends of Johnnie Byrd (JDR Note 6); gress; 2/15/2000, $1,000, Ashcroft for Senate; 3/ to the Republic of Armenia. $500.00, 12/15/03, National Apartment Associa- 31/2000, $1,000, McCollum for Senate; 4/4/2000, (The following is a list of all members of tion PAC (NAA PAC); $2,000.00, 1/14/04, Mel $1,000, The Bluegrass Committee ¥$1,000 (Re- my immediate family and their spouses. I Martinez Campaign; $1,000.00, 1/15/04, Weldon, fund); 4/4/2000, $1,000, Fitzgerald for Senate; 4/ have asked each of these persons to inform Dave via Dave Weldon Campaign; $25,000.00, 26/2000, $1,000, Straight Talk America me of the pertinent contributions made by 3/25/04, Republican National Committee— (McCain); ¥$1,000 (Refund); 6/20/2000, $1,000, them. To the best of my knowledge, the in- Presidential Trust. Lazio for Senate; 6/27/2000, $1,000, Otter for formation contained in this report is com- JDR Note 1—Contribution for primary Idaho (Craig); 10/27/2000, $1,000, RNC. plete and accurate.) election. 3/12/2001, $1,000, Ohio’s 17 Star PAC Nominee: John Marshall Evans. JDR Note 2—Primary contribution was Post: AEP to Armenia. subtracted and redesignated for general elec- (DeWine); 3/30/2001, $1,000, America’s Founda- Contributions, Amount, Date, Donee: tion. tion FKA Fight PAC; 3/30/2001, $1,000, Mike 1. Self, none. JDR Note 3—Redesignated funds from pri- Bilirakis for Congress; 4/18/2001, $1,000, North- 2. Spouse: Donna Evans, none. mary election. ern Lights PAC (Stevens); 4/25/2001, $1,000, 3. Children and Spouses: Mr. and Mrs. Alex- JDR Note 4—Contribution refund by cam- Stevens for Senate (W/N); 4/25/2001, $1,000, ander Drosin (daughter Jennifer), none. paign. Wayne Allard for U.S. Senate (W/N); 4/25/2001, 4. Parents: Margaret M. Evans; Frank B. JDR Note 5—Federal records show an addi- $1,000, Collins for Senator (W/N); 4/25/2001, Evans III (deceased), none. tional contribution made by ‘‘John D. $1,000, Friends of Sessions Senate Cte (W/N); 5. Grandparents: Mr. and Mrs. Harold T. Rood’’. However, this contribution was actu- 4/25/2001, $1,000, Sen John Warner Cte (W/N); Moore (deceased); Mr. and Mrs. Frank B. ally made by Jamie A. Rood and incorrectly 4/25/2001, $1,000, Friends of Jim Inhofe (W/N); Evans, Jr. (deceased), none. attributed to John D. Rood. See Jamie Rood, 4/25/2001, $1,000, McConnell Senate Cte ’02 (W/ 6. Brothers and Spouses: none. below. N); 4/25/2001, $1,000, People for Pete Domenici 7. Sisters and Spouses: Mr. and Mrs. J. JDR Note 6—Redesignated for general elec- (W/N); 4/25/2001, $1,000, Friends for Phil Kennerly Davis (sister Ann Evans Davis): tion. Gramm (W/N); 4/25/2001, $1,000, Pat Roberts

VerDate May 21 2004 06:36 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.103 S22PT1 S7172 CONGRESSIONAL RECORD — SENATE June 22, 2004 for Senate (W/N); 4/25/2001, $1,000, Gordon Elaine Guin (sister): None. 4. Parents: Ordell McElhaney, 0; Clayone Smith for U.S. Senate (W/N); 5/16/2001, $1,000, Baird Guin (brother-in-law): None. McElhaney, 0. Bob Smith for Senate; 6/4/2001, $1,000, Citi- 5. Grandparents, N/A. zens for Cochran; 6/4/2001, $1,000, Coleman for *Charles Graves Untermeyer, of Texas, to 6. Brothers and Spouses, N/A. Sen. Explor. Cte.; 6/25/2001, $1,000, Inouye for be Ambassador Extraordinary and Pleni- 7. Sisters and Spouses: Claudia Leonardi Senate; 11/6/2001, $1,000, Lindsey Graham for potentiary of the United States of America (sister), 0; Leo Leonardi (spouse), $200.00, USS; 10/26/2001, $1,000, Senate Majority Fund; to the State of Qatar. 1988, Lawton Chiles. 10/9/2001, $1,000, Friends for Phil Gramm (The following is a list of all members of ¥$1,000 (Refund); 10/26/2001, $1,000, Hutch- my immediate family and their spouses. I *Aldona Wos, of North Carolina, to be Am- inson for Senate; 2001, $1,000, Natl Repub- have asked each of these persons to inform bassador Extraordinary and Plenipotentiary lican Sen Dinner; 11/2/2001, $1,000, Dole 2002 me of the pertinent contributions made by of the United States of America to the Re- Committee (NC); 11/5/2001, $1,000, NRSC; 2/1/ them. To the best of my knowledge, the in- public of Estonia. (The following is a list of all members of 2001, $4,000 Republican National Cte; ¥$4,000 formation contained in this report is com- my immediate family and their spouses. I (Refund). plete and accurate.) have asked each of these persons to inform 11/20/2002, $1,000, America’s Foundation Nominee: Charles G. (Chase) Untermeyer. FKA Fight PAC; 1/15/2002, $1,000, Bennett Post: Ambassador to Qatar. me of the pertinent contributions made by Election Committee. Contributions, amount, date, and donee: them. To the best of my knowledge, the in- 1/29/2003, $1,000, Shelby for U.S. Senate; 1/29/ 1. Self: $500, 30 Dec 1999, John Culberson, formation contained in this report is com- 2003, $1,000, Preserving America’s Traditions U.S. House (Texas); $250, 10 Nov 2001, Rob plete and accurate.) Nominee: Aldona Z. Wos, M.D. (PATPAC); 2/19/2003, $1,000, Northern Lights Portman, U.S. House (Ohio); $1,000, 24 Jun PAC (Stevens); 3/17/2003, $1,000, Northern Post: Ambassador to Estonia. 2002, KPAC (Sen. Kay Hutchison of Texas); Contributions, Date, Donee, and Amount: Lights PAC (Stevens); 3/12/2003, $1,000, Amer- $200, 3 Jul 2002, Katherine Harris, US House ica’s Foundation FKA Fight PAC; 3/17/2003, 1. Self: 10/10/2000, North Carolina Victory (Florida); $1,000, 16 Jul 2002, Good Govern- 2000, 1,000,00; 10/10/2000, Presidential Trust, $1,000, Hatch Election Committee; 4/22/2003, ment Fund (GOP senators); $500, 13 Aug 2002, $1,000, Bennett Election Committee (W/N); 4/ 10,000.00; 11/13/2001, Dole 2002 Committee, Jeb Hensarling, US House (Texas); $250, 19 1,000.00; 11/19/2001, Dole 2002 Committee, 22/2003, $1,000, Missourians for Kit Bond (W/ Aug 2002, Chris Bell, US House (Texas); $250, N); 4/22/2003, $1,000, Brownback for U.S. Sen- 1,000.00; 1/14/2002; RNC, 25.00; 4/29/2002, North 30 Aug 2002, Sheila Jackson Lee, US House Carolina Republican Party, 1,000.00; 7/18/2002, ate (W/N); 4/22/2003, $1,000, Citizens for (Texas); $1,000, 17 Sep 2002, John Cornyn, U.S. Bunning (W/N); 4/22/2003, $1,000, Campbell for Sixth District GOP; 1,000.00; 3/8/2003, North senator (Texas); $250, 17 Sep 2002, John Carolina Republican Party, 1,000.00; 4/24/2003, Colorado (W/N); 4/22/2003, $1,000, Crapo for Carter, U.S. House (Texas); $250, 19 Feb 2003, U.S. Senate (W/N); 4/22/2003, $1,000, Grassley The Richard Burr Committee, 2,000.00; 5/31/ Chris Bell, U.S. House (Texas); $250, 20 Feb Committee (W/N); 4/22/2003, $1,000, Judd 2003; Bush-Cheney 2004, 2,000,000; 7/31/03, 2003, John Carter, U.S. House (Texas); $500, 2 Gregg Committee (W/N); 4/22/2003, $1,000, Lisa North Carolina Medical Society PAC, 100.00; Apr 2003, John Culberson, U.S. House Murkowski for Senate (W/N); 4/22/2003, $1,000, 11/17/03, North Carolina Medical Society (Texas); $250, 18 Apr 2003, Chris Bell, U.S. Friends of Sen Nickles (W/N); 4/22/2003, $1,000, PAC, 250.00; 1/5/2004, Hayes for Congress, House (Texas); $500, 3 May 2003, Tom DeLay, Citizens for Arlen Specter (W/N); 1/8/2003, 2,000.00; 2/24/2004, NC Bank Pac, 250.00; 3/17/ U.S. House (Texas); $2,000, 17 Jul 2003, Bush- $1,500, DC Republican Committee Federal 2004, RNC—Presidential Trust, 25,000.00. Cheney ’04; $1,000, 3 Dec 2003, John Culberson, Campaign Committee; 12/5/2003, $5,000, RNC 2. Spouse: Louis DeJoy: 2/7/2000, George W. U.S. House (Texas); $500, 24 Feb 2004, Kevin Chairman’s Advisory Council. Bush, 2,000.00; 9/15/2000, Republican Housing 3.2004, $2,000, Jack Ryan for U.S. Senate. Brady, U.S. House (Texas); $1,000, 25 Feb 2004, Majority Committee, 1,000.00; 10/10/2000, NC 2. Spouse: Ann McLauglin Korologos: Chris Bell, U.S. House (Texas). Victory 2000, 1,000.00; 10/10/2000, Presidential 2000—None. 2. Spouse: Diana C.K. Untermeyer, $75, 14 Trust, 10,000.00; 3/14/2001, Republican Party, 11/26/2001, $1,000, Stevens for Senate Com- Feb 2000, Peter Wareing, U.S. House (Texas); 5,000.00; 11/13/01, Dole 2002 Committee, mittee; 7/5/2001, $1,500, DC Republican Com- $250, 14 Feb 2000, Kay Hutchison, U.S. senator 1,000.00; 11/9/01, Dole 2002 Committee, 1,000.00; mittee Federal Campaign Committee; 12/10/ (Texas); $100, 18 March 2000, Peter Wareing, 2/5/2002, Republican Eagles, 15,000.00; 2/25/2002, 2001, $1,000, Santorum 2000; 10/26/2001, $1,000, U.S. House (Texas); $250, 19 Nov 2000, Bush- North Carolina Salute To George Bush, Senate Majority Fund; 12/10/2001, $1,000, Jim Cheney Recount; $2,000, 24 Feb 2004, Bush- 100,000.00; 3/29/2002, North Carolina Repub- Hansen Committee; 12/12/2001, $1,000, John Cheney ’04. lican Party, 5,000.00; 4/17/2002, Coble For Con- Thune for South Dakota. 3. Children and Spouses: Ellyson Chase Un- gress, 1,000.00; 7/18/2002, Dole North Carolina 12/6/2002, $1,000, Suzanne Terrell for Senate termeyer (unmarried), None. Victory Committee, 25,000.00; 4/1/2003, North Campaign; 2/5/2002, $1,500, DC Republican 4. Parents: Dewitt Edward Untermeyer Carolina Republican Party, 5,000.00; 4/24/2003, Committee Federal Campaign Committee; 3/ (died 1979); Marguerite G. Untermeyer, None. The Committee For Richard Burr, 2,000.00; 5/ 19/2002, $1,000, America’s Foundation FKA 5. Grandparents: Charles S. Untermeyer 30/2003, Bush-Cheney 2004, 2,000.00; 1/6/2004, Fight PAC; 5/6/2002, $300, Connie Morella For (died 1923); Florence L. Untermeyer (died Hayes For Congress, 2,000.00; 3/17/2004, RNC— Congress Committee; 3/8/2002, $1,000, Eliza- 1984); Dr. Alonzo Graves (died 1941); Mattie L. Presidential Trust, 25,000.00. beth Dole Committee, Inc.; 6/29/2002, $1,000, Graves (died 1951). 3. Children and Spouses: Ania DeJoy— Oxley for Congress; 5/8/2002, $1,000, McConnell 6. Brothers and Spouses: None. Minor, No Contributions; Andrew DeJoy— Senate Committee ’08 (W/N); 5/8/2002, $1,000, 7. Sisters and Spouses: Margot U. Lingold, Minor, No Contributions. Gordon Smith for U.S. Senate 2002 Inc. (W/ None; Dr. John C. Lingold (died 2002), None; 4. Parents: Mother—Wanda K. Wos: 10/29/01, N); 5/22/2002, $1,000, Fiesta for John Cornyn Emily F. Untermeyer, None; Bruce Baskett, Elizabeth Dole Committee, Inc., 1000.00; 7/25/ (W/N); 3/11/2002, $1,000, Mike Bilirakis for None. 02, Dole North Carolina Victory Committee, Congress. Note: In addition to the above, I was treas- Inc., 1.000.00; 11/17/03, Bush-Cheney 2004, 5/21/2003, $500, Friends for Jane Harman urer of the Compaq Citizenship Fund, a PAC 2,000.00. Father—Paul Z. Wos: 4/5/00, Keyes 2004; 6/18/2003, $1,000, Northern Lights PAC affiliated with Compaq Computer Corpora- 2000, 25.00; 4/10/00, Republic National Com- (Stevens); 8/26/2003, $500, Friends of John tion, from its founding in 1994 until 2000. In mittee, 20.00; 6/15/00, Republican Presidential McCain; 7/25/2003; $500, McCain for Senate ’04. this capacity, I wrote numerous checks to Committee, 25.00; 10/15/00, Republican Na- 3/2004, $2,000, Jack Ryan for U.S. Senate. candidates at local, state, and federal levels. tional Committee, 20.00; 8/8/01, Alan Keyes, 3. Children and Spouses: Philip Korologos I shall be happy to produce this list (also 50.00; 10/29/01, Dole 2002 Committee, Inc., (Son): 1/26/2000, $1,000, McCain 2000 Inc.; 11/7/ available on the FEC website). 100.00; 11/20/01, Dole 2002 Committee, Inc., 2000, $1,000, Straight Talk America; 2000, 300.00; 5/10/02, 2002 Republican National Com- $1,000, Senator Ashcroft for Senate; 10/9/2000, * Douglas L. McElhaney, of Florida, a Ca- mittee, 25.00; 7/25/02, Dole North Carolina $1,000, Abraham Senate 2000; 11/3/2000, $1,000, reer Member of the Senior Foreign Service, Victory Committee, 1,000.00; 5/2/03, Repub- Bluegrass Committee; 2002, $500, Elizabeth Class of Minister-Counselor, to be Ambas- lican National Committee, 25.00; 6/17/03, Re- Dole for Senate 2002; 2003, $500, Bush/Cheney. sador Extraordinary and Plenipotentiary of publican National Committee, 25.00; 10/2/03 Lisa Korologos (Daughter-in-law): None. the United States of America to Bosnia and Dr. Leroy Bazzarone (Son-in-Law): 10/17/ Republican National Committee, 25.00; 11/17/ Herzegovina. 2000, $1,000, Abraham Senate 2000. 03, Bush-Cheney 2004, 2,000.00. Ann Bazzarone (daughter): None. (The following is a list of all members of 5. Grandparents—Deceased. Paula Cale (daughter): None. my immediate family and their spouses. I 6. Brothers and Spouses: Brother—Konrad 4. Parents: Irene C. & Chris T. Korologos, have asked each of these persons to inform Wos, 10/29/01, Dole 2002 Committee, Inc., (deceased). me of the pertinent contributions made by 100.00; 07/25/02, Elizabeth Dole Committee, 5. Grandparents: Michael & Elaine them. To the best of my knowledge, the in- Inc., 1,000.00. Sister-in-Law—Meggan Wos: 07/ Kolendrianos, (deceased), Tom & Gregoria formation contained in this report is com- 25/02, Elizabeth Dole Committee, Inc., Korologos, (deceased). plete and accurate.) 1,000.00. 6. Brothers and Spouses: Mike Korologos Nominee: Douglas L. McElhaney. 7. Sisters and spouses—N/A. (brother): None. Myrlene Korologos (sister- Post: Bosnia-Herzegovina Ambassador. in-law), (deceased) Contributions, amount, date, and donee: * William T. Monroe, of Virginia, a Career 7. Sisters and Spouses: Gregoria Korologos 1. Self, 0. Member of the Senior Foreign Service, Class (sister): 2003, $25, Republican National Com- 2. Spouse, N/A. of Minister-Counselor, to be Ambassador Ex- mittee; 2003, $25, Bush-Cheney. 3. Children and Spouses, N/A. traordinary and Plenipotentiary of the

VerDate May 21 2004 06:36 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.110 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7173 United States of America to the Kingdom of Johanna and Tim Root (daughter/son-in- respond to requests to appear and tes- Bahrain. law), July 2003, Bush-Cheney ’04, Inc., $4,000; tify before any duly constituted com- (The following is a list of all members of 2000, Gore for President, $500. mittee of the Senate. my immediate family and their spouses. I Tom Danforth (son), 2004, Missourians for (Nominations without an asterisk have asked each of these persons to inform Kit Bond, $2,000. were reported with the recommenda- me of the pertinent contributions made by 3. Brothers and Spouses: William and Eliz- them. To the best of my knowledge, the in- abeth Danforth (brother/sister-in-law), May tion that they be confirmed.) formation contained in this report is com- 15, 2000, Hamilton for Congress, $1,000; July f plete and accurate.) 26, 2000, Ted House for Congress Cmte., $500; EXECUTIVE AND OTHER Nominee: William T. Monroe. July 26, 2000, McNary for Congress, $500; No- Post: Ambassador—Manama, Bahrain. vember 8, 2000, Citizens for Clean Water, Safe COMMUNICATIONS Contributions, amount, date, and donee: Parks, $5,000; January 24, 2001, Citizens for The following communications were 1. Self, None. Ted House, $200; April 10, 2002, Thune for 2. Spouse, None. laid before the Senate, together with 3. Children and Spouses: Adrian P. Monroe, South Dakota, $2,000; May 10, 2002, Coleman accompanying papers, reports, and doc- None; Stephen L. Monroe, None; Tiphaine J. for U.S. Senate, $2,000; June 18, 2002, Citizens uments, and were referred as indicated: for Ted House, $200; April 7, 2003, Citizens for Monroe, None. EC–8067. A communication from the Dep- Ted House, $100; May 27, 2003, Senate Major- 4. Parents: Andrew P. Monroe, $50, 06/2002, uty Associate Administrator, Environmental ity Fund, $5,000; May 29, 2003, Todd Akin for Republican National Committee; Mary Eliza- Protection Agency, transmitting, pursuant Congress, $1000; June, 2003, Bush-Cheney ’04, beth Monroe, None. to law, the report of a rule entitled ‘‘Sulfuryl Inc., $4000; September 17, 2003, Stoll 2004, 5. Grandparents: Andrew P. Monroe, De- Fluoride; Pesticide Tolerance; Technical $500; October 30, 2003, Citizens for Jack Jack- ceased; Elizabeth M. Monroe, Deceased; Correction’’ (FRL#7346–1) received on June Frederic H. McCoun, Deceased; Celia D. son, $300; December 9, 2003, Todd Akin for 17, 2004; to the Committee on Agriculture, McCoun, Deceased. Congress, $3000; April 27, 2004, Bennett Elec- Nutrition, and Forestry. 6. Brothers and Spouses: Stephen M. Mon- tion Committee, $1000. EC–8068. A communication from the Dep- roe, None; Eleanor B. Meredith, None. Carolyn Danforth (sister-in-law), 2002, Re- uty Associate Administrator, Environmental 7. Sisters and Spouses: Margaret D. publican National Cmte., $1000; 2002, Jim Protection Agency, transmitting, pursuant Zellinger, None; David Zellinger, None. Talent for Senate, $1000; 2002, Jim Talent for to law, the report of a rule entitled Senate, $1000; 2002, Republican National ‘‘Fenylprioximate; Pesticide Tolerance’’ *John C. Danforth, of Missouri, to be the Cmte., $1000; 2003, Bush-Cheney ’04, Inc., (FRL#7362–9) received on June 17, 2004; to the Representative of the United States of Amer- $2000; 2003, Missourians for Kit Bond, $1000. Committee on Agriculture, Nutrition, and ica to the United Nations, with the rank and Donald Danforth, Jr. (brother)—deceased. Forestry. status of Ambassador Extraordinary and 4. Sisters and spouses: Dorothy D. Miller EC–8069. A communication from the Chair- Plenipotentiary, and the Representative of (sister), none; Jefferson L. Miller (brother- man, Defense Nuclear Facilities Safety the United States of America in the Security in-law), none. Board, transmitting, pursuant to law, the Council of the United Nations. Board’s First Annual Report on Plutonium (The following is a list of all members of *James B. Cunningham, of Pennsylvania, a Storage at the Department of Energy’s Sa- my immediate family and their spouses. I Career Member to be Senior Foreign Service, vannah River Site; to the Committee on have asked each of these persons to inform Class of Career Minister, to be Representa- Armed Services. me of the pertinent contributions made by tive of the United States of America to the EC–8070. A communication from the Sec- them. To the best of my knowledge, the in- International Atomic Energy Agency, with retary of the Air Force, transmitting, pursu- formation contained in this report is com- the rank of Ambassador. ant to law, the report of a Program Acquisi- plete and accurate.) (The following is a list of all members of tion Unit Cost (PAUC) Breach relative to the Nominee: John C. Danforth. my immediate family and their spouses. I Space Based Infared System (SBIRS); to the Post: U.S. Ambassador to the United Na- have asked each of these persons to inform Committee on Armed Services. tions. me of the pertinent contributions made by EC–8071. A communication from the Office Contributions, date, donee, and amount: them. To the best of my knowledge, the in- of the General Counsel, Selective Service 1. Self and spouse: John and Sally Dan- formation contained in this report is com- System, transmitting, pursuant to law, the forth, May 17, 2000, George W. Bush for Presi- plete and accurate.) report of the designation of acting officer dent, $1,000; June 2, 2000, Lincoln Chafee-U.S. Nominee: James B. Cunningham. and a change in previously submitted re- Senate, $2,000; June 8, 2000, Missourians for Poast: Representative to Vienna Office of ported information for the position of Direc- Todd Graves, $250; June 26, 2000, ROYB (Roy the UN. tor, Selective Service System, received on Blunt campaign), $1,000; August 27, 2000, Contributions, amount, date, and donee: June 21, 2004; to the Committee on Armed McLean for Senate, $1,000; March 4, 2002, Jim 1. Self, None. Services. Talent for Senate, $2,000; March 11, 2002, 2. Spouse, None. EC–8072. A communication from the Prin- Susan Collins for Senate, $1,000; March 15, 3. Children and Spouses: Emma, None; Abi- cipal Deputy, Office of the Under Secretary 2002, Christy Ferguson for Congress Com- gail, None. of Defense for Personnel and Readiness, mittee, $1,000; April 29, 2002, Thune for Sen- 4. Parents: Blair, Deceased; Julia, De- transmitting, pursuant to law, the report of ate, $1,000; May 7, 2002, Coleman for Senate, ceased. the approval of the wearing of the insignia of $1,000; June 28, 2002, First Senatorial District 5. Grandparents: Grandparents Knowles, the grade of general; to the Committee on Committee, $200; October 2, 2002, Dole for Deceased; Grandparents Cunningham, De- Armed Services. Senate, $1,000; January 31, 2003, Missourians ceased. EC–8073. A communication from the Direc- for Kit Bond, $2,000; February 14, 2003, Mis- 6. Brothers and Spouses: Thomas, None; tor, Defense Procurement and Acquisition sourians for Matt Blunt, $2,350; March 3, 2003, William, estranged, believe none. Policy, Department of Defense, transmit- Missourians for Kit Bond, $4,000; June 17, 7. Sisters and Spouses: Carol, None; Kath- ting, pursuant to law, the report of a rule en- 2003, Bush-Cheney ’04 Inc., $4,000; December leen, Deceased. titled ‘‘Contract Period for Task and Deliv- 19, 2003, Zane Yates for Congress, $250; Feb- Mr. LUGAR. Mr. President, for the ery Order Contracts’’ (DFARS Case 2003– ruary 10, 2004, ROYB (Roy Blunt), $1,000; D097) received on June 21, 2004; to the Com- March 30, 2004, Citizens for Arlen Specter, Committee on Foreign Relations I re- mittee on Armed Services. $2,000. port favorably the following nomina- EC–8074. A communication from the Chief 2. Children and spouses: Eleanor and Allan tion list which was printed in the Counsel, Bureau of the Public Debt, Treas- Ivie (daughter/son-in-law), 2003, Bush-Cheney RECORD on the date indicated, and ask ury Department, transmitting, pursuant to ’04 Inc., $2000; 2003, Missourians for Kit Bond, unanimous consent, to save the ex- law, the report of a rule entitled ‘‘31 CFR $4000; 2001, Bob Coleman, $500; 2000, Lincoln pense of reprinting on the Executive Part 352, Offering of United States Savings Chafee for U.S. Senate, $1000. Calendar that this nomination lie at Bonds, Series HH’’ received on June 17, 2004; Mary and Tom Stillman (daughter/son-in- to the Committee on Banking, Housing, and law), 2004, Missourians for Kit Bond, $4000; the Secretary’s desk for the informa- Urban Affairs. 2004, Diane Tebelius (Wash. State), $1000; tion of Senators. EC–8075. A communication from the Dep- 2003, Bush-Cheney ’04 Inc., $4000; 2000, Lin- The PRESIDING OFFICER. Without uty Secretary, Corporation Finance, Securi- coln Chafee for Senate, $2,000.00; objection, it is so ordered. ties and Exchange Commission, transmit- Johannes and Dorothy Burlin (son-in-law/ Foreign Service nominations beginning ting, pursuant to law, the report of a rule en- daughter)—Statement by Dorothy and Jo- Robert H. Hanson and ending Donna M. titled ‘‘Commission Guidance Regarding the hannes Burlin: To the best of our recollec- Blair, which nominations were received by Public Company Accounting Oversight tion, we have given financial support to the the Senate and appeared in the CONGRES- Board’s Auditing and Related Professional following people, campaigns, committees, SIONAL RECORD on May 18, 2004. Practice Standard No. 1’’ (Release 33–8422) and/or parties since 2000: Christopher Bond— received on June 17, 2004; to the Committee U.S. Senate; George W. Bush—Presidential *Nomination was reported with recon Banking, Housing, and Urban Affairs. race; Lincoln Chafee—U.S. Senate race; Na- ommendation that it be confirmed sub- EC–8076. A communication from the Chief tional Republican party. ject to the nominee’s commitment to Counsel, Office of Foreign Assets Control,

VerDate May 21 2004 06:36 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.119 S22PT1 S7174 CONGRESSIONAL RECORD — SENATE June 22, 2004 Department of the Treasury, transmitting, partment of State, transmitting, pursuant to reorienting the Nation’s health care system pursuant to law, the report of a rule entitled law, the report of Presidential Determina- towards prevention, wellness, and self care; ‘‘31 CFR Part 515—Cuban Assets Control Reg- tion 2004–36 relative to the suspension of lim- to the Committee on Finance. ulations’’ received on June 15, 2004; to the itations under the Jerusalem Embassy Act; By Mr. STEVENS: Committee on Banking, Housing, and Urban to the Committee on Foreign Relations. S. 2559. An original bill making appropria- Affairs. EC–8088. A communication from the Regu- tions for the Department of Defense for the EC–8077. A communication from the Assist- lations Coordinator, Department of Health fiscal year ending September 30, 2005, and for ant Secretary, Division of Market Regula- and Human Services, transmitting, pursuant other purposes; from the Committee on Ap- tion, Securities and Exchange Commission, to law, the report of a rule entitled ‘‘Health propriations; placed on the calendar. transmitting, pursuant to law, the report of Care Fraud and Abuse Data Collection Pro- By Mr. HATCH (for himself, Mr. a rule entitled ‘‘Supervised Investment Bank gram; Technical Revisions to Healthcare In- LEAHY, Mr. FRIST, Mr. DASCHLE, Mr. Holding Companies’’ (RIN3235–AI97) received tegrity and Protection Data Bank Data Col- GRAHAM of South Carolina, and Mrs. on June 14, 2004; to the Committee on Bank- lection Activities’’ (RIN0991–AB31) received BOXER): ing, Housing, and Urban Affairs. on June 21, 2004; to the Committee on S. 2560. A bill to amend chapter 5 of title EC–8078. A communication from the Assist- Health, Education, Labor, and Pensions. 17, United States Code, relating to induce- ant Secretary, Division of Market Regula- EC–8089. A communication from the Assist- ment of copyright infringement, and for tion, Securities and Exchange Commission, ant Attorney General, Office of Legislative other purposes; to the Committee on the Ju- transmitting, pursuant to law, the report of Affairs, Department of Justice, transmit- diciary. a rule entitled ‘‘Alternative Net Capital Re- ting, pursuant to law, a report relative to f quirements for Broker-Dealers That Are the ‘‘Prosecuting Remedies and Tools Part of Consolidated Supervised Entities’’ Against the Exploitation of Children (PRO- received on June 14, 2004; to the Committee SUBMISSION OF CONCURRENT AND TECT) Act of 2003’’; to the Committee on the on Banking, Housing, and Urban Affairs. SENATE RESOLUTIONS Judiciary. EC–8079. A communication from the Attor- The following concurrent resolutions ney Advisor, Department of Transportation, EC–8090. A communication from the Fed- transmitting, pursuant to law, the report of eral Register Liaison Officer, Alcohol and and Senate resolutions were read, and a nomination for the position of Assistant Tobacco Tax and Trade Bureau, Treasury referred (or acted upon), as indicated: Secretary for Budget and Programs, Depart- Department, transmitting, pursuant to law, By Mr. FEINGOLD (for himself, Mr. the report of a rule entitled ‘‘Columbia ment of Transportation, received on June 21, SUNUNU, Mr. HAGEL, Mr. DURBIN, Mrs. Gorge Viticultural Area’’ (RIN1513–AC81) re- 2004; to the Committee on Commerce, BOXER, Mr. MCCAIN, Mrs. MURRAY, ceived on June 9, 2004; to the Committee on Science, and Transportation. Mr. LUGAR, Mr. WARNER, Mr. CHAFEE, the Judiciary. EC–8080. A communication from the Direc- Ms. SNOWE, and Ms. COLLINS): tor, National Oceanic and Atmospheric Ad- EC–8091. A communication from the Na- S. Res. 387. A resolution commemorating ministration, Department of Commerce, tional Legislative Commission, The Amer- the 40th Anniversary of the Wilderness Act; transmitting, pursuant to law, a report on ican Legion, transmitting, pursuant to law, to the Committee on Energy and Natural Re- the ‘‘Status of Fisheries of the United a report relative to the American Legion’s fi- sources. States’’; to the Committee on Commerce, nancial condition as of December 31, 2003; to By Mr. SANTORUM (for himself and the Committee on the Judiciary. Science, and Transportation. Mr. SPECTER): EC–8081. A communication from the Assist- f S. Res. 388. A resolution commemorating ant Secretary for Fish, Wildlife, and Parks, the 150th anniversary of the founding of The Department of the Interior, transmitting, REPORTS OF COMMITTEES Pennsylvania State University; to the Com- pursuant to law, a draft of proposed legisla- The following reports of committees mittee on the Judiciary. tion entitled the ‘‘Hopewell Culture National Historical Park Boundary Adjustment Act’’; were submitted: f to the Committee on Energy and Natural Re- By Mr. STEVENS, from the Committee on sources. Appropriations, without amendment: ADDITIONAL COSPONSORS EC–8082. A communication from the Assist- S. 2559. An original bill making appropria- S. 453 ant Secretary of Fish, Wildlife, and Parks, tions for the Department of Defense for the At the request of Mrs. HUTCHISON, the Department of the Interior, transmitting, a fiscal year ending September 30, 2005, and for draft of proposed legislation entitled the other purposes. name of the Senator from Washington ‘‘Cumberland Island National Seashore Wil- (Mrs. MURRAY) was added as a cospon- f derness Revision Act of 2003’’; to the Com- sor of S. 453, a bill to authorize the mittee on Energy and Natural Resources. INTRODUCTION OF BILLS AND Health Resources and Services Admin- EC–8083. A communication from the Assist- JOINT RESOLUTIONS istration and the National Cancer In- ant Secretary for Legislative Affairs, De- stitute to make grants for model pro- partment of State, transmitting, pursuant to The following bills and joint resolu- grams to provide to individuals of law, the report of a proposed license agree- tions were introduced, read the first ment for the manufacture of significant and second times by unanimous con- health disparity populations preven- military equipment abroad and the export of sent, and referred as indicated: tion, early detection, treatment, and defense articles or defense services in the appropriate follow-up care services for amount of $100,000,000 to Japan; to the Com- By Mr. KYL: cancer and chronic diseases, and to mittee on Foreign Relations. S. 2555. A bill to authorize the use of judicially enforceable subpoenas in terrorism in- make grants regarding patient naviga- EC–8084. A communication from the Assist- tors to assist individuals of health dis- ant Secretary for Legislative Affairs, De- vestigations; to the Committee on the Judi- partment of State, transmitting, pursuant to ciary. parity populations in receiving such law, the report of a proposed license for the By Mr. BINGAMAN (for himself and services. export of defense articles or defense services Mr. LIEBERMAN): S. 853 S. 2556. A bill to amend chapter 7 of title in the amount of $100,000,000 to Japan; to the At the request of Mr. KERRY, the 31, United States Code, to provide for a tech- Committee on Foreign Relations. names of the Senator from Minnesota EC–8085. A communication from the Assist- nology assessment capability within the ant Secretary for Legislative Affairs, De- General Accounting Office, and for other (Mr. DAYTON), the Senator from Hawaii partment of State, transmitting, pursuant to purposes; to the Committee on Govern- (Mr. INOUYE), the Senator from Mary- law, the report of a proposed license agree- mental Affairs. land (Mr. SARBANES) and the Senator ment for the export of defense articles or de- By Mr. DURBIN (for himself, Mr. REED, from Rhode Island (Mr. REED) were fense services sold commercially under a Mr. LAUTENBERG, Mr. KENNEDY, Mrs. added as cosponsors of S. 853, a bill to contract in the amount of $50,000,000 to Paki- FEINSTEIN, Mr. CORZINE, Ms. MIKUL- amend title XVIII of the Social Secu- stan; to the Committee on Foreign Rela- SKI, Mr. LEVIN, Mr. SCHUMER, Mrs. rity Act to eliminate discriminatory CLINTON, and Mrs. BOXER): tions. copayment rates for outpatient psy- EC–8086. A communication from the Assist- S. 2557. A bill to amend the Consolidated ant Secretary for Legislative Affairs, De- Appropriations Act, 2004, to strike the re- chiatric services under the medicare partment of State, transmitting, pursuant to striction on use of funds that requires a 24- program. law, the report of a proposed license agree- hour time limit for destroying identifying S. 1010 ment for the manufacture of significant information submitted in relation to a fire- At the request of Mr. HARKIN, the military equipment abroad and the export of arm background check; to the Committee on name of the Senator from New Jersey defense articles or defense services in the the Judiciary. (Mr. LAUTENBERG) was added as a co- amount of $100,000,000 to Japan; to the Com- By Mr. HARKIN (for himself and Mr. mittee on Foreign Relations. SPECTER): sponsor of S. 1010, a bill to enhance and EC–8087. A communication from the Assist- S. 2558. A bill to improve the health of further research into paralysis and to ant Secretary for Legislative Affairs, De- Americans and reduce health care costs by improve rehabilitation and the quality

VerDate May 21 2004 05:12 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.048 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7175 of life for persons living with paralysis (Ms. CANTWELL), the Senator from posed to S. 2400, an original bill to au- and other physical disabilities. Rhode Island (Mr. REED), the Senator thorize appropriations for fiscal year S. 1554 from Hawaii (Mr. AKAKA), the Senator 2005 for military activities of the De- At the request of Mrs. MURRAY, the from Texas (Mrs. HUTCHISON), the Sen- partment of Defense, for military con- name of the Senator from Illinois (Mr. ator from South Carolina (Mr. struction, and for defense activities of DURBIN) was added as a cosponsor of S. GRAHAM) and the Senator from Penn- the Department of Energy, to prescribe 1554, a bill to provide for secondary sylvania (Mr. SANTORUM) were added as personnel strengths for such fiscal year school reform, and for other purposes. cosponsors of S. 2533, a bill to amend for the Armed Services, and for other S. 1684 the Public Health Service Act to fund purposes. At the request of Ms. LANDRIEU, the breakthroughs in Alzheimer’s disease AMENDMENT NO. 3280 name of the Senator from South Da- research while providing more help to At the request of Mr. INHOFE, the kota (Mr. DASCHLE) was added as a co- caregivers and increasing public edu- names of the Senator from Texas (Mr. sponsor of S. 1684, a bill to amend the cation about prevention. CORNYN), the Senator from Montana Public Health Service Act and Em- S. CON. RES. 72 (Mr. BAUCUS), the Senator from Cali- ployee Retirement Income Security At the request of Mr. DASCHLE, the fornia (Mrs. FEINSTEIN), the Senator Act of 1974 to require that group and name of the Senator from Connecticut from Nevada (Mr. REID), the Senator individual health insurance coverage (Mr. DODD) was added as a cosponsor of from Indiana (Mr. BAYH), the Senator and group health plans provide cov- S. Con. Res. 72, a concurrent resolution from Wisconsin (Mr. FEINGOLD), the erage for a minimum hospital stay for commemorating the 60th anniversary Senator from New York (Mrs. CLIN- mastectomies and lymph node dissec- of the establishment of the United TON), the Senator from Oregon (Mr. tions performed for the treatment of States Cadet Nurse Corps and voicing SMITH), the Senator from Ohio (Mr. breast cancer. the appreciation of Congress regarding DEWINE) , the Senator from Maine (Ms. S. 1945 the service of the members of the SNOWE), the Senator from Tennessee United States Cadet Nurse Corps dur- At the request of Mr. MCCAIN, the (Mr. ALEXANDER) and the Senator from names of the Senator from New Jersey ing World War II. Florida (Mr. GRAHAM) were added as (Mr. CORZINE), the Senator from Michi- S. CON. RES. 119 cosponsors of amendment No. 3280 pro- gan (Ms. STABENOW) and the Senator At the request of Mr. CAMPBELL, the posed to S. 2400, an original bill to au- from California (Mrs. BOXER) were names of the Senator from Oregon (Mr. thorize appropriations for fiscal year added as cosponsors of S. 1945, a bill to WYDEN), the Senator from Massachu- 2005 for military activities of the De- amend the Public Health Service Act setts (Mr. KENNEDY), the Senator from partment of Defense, for military con- and the Employee Retirement Income Louisiana (Ms. LANDRIEU), the Senator struction, and for defense activities of Security Act of 1974 to protect con- from New Mexico (Mr. DOMENICI) and the Department of Energy, to prescribe sumers in managed care plans and the Senator from Connecticut (Mr. personnel strengths for such fiscal year other health coverage. LIEBERMAN) were added as cosponsors for the Armed Services, and for other of S. Con. Res. 119, a concurrent resolu- purposes. S. 1962 tion recognizing that prevention of sui- AMENDMENT NO. 3315 At the request of Mr. GRASSLEY, the cide is a compelling national priority. name of the Senator from South Da- At the request of Mrs. CLINTON, her S. RES. 311 name was added as a cosponsor of kota (Mr. JOHNSON) was added as a cosponsor of S. 1962, a bill to amend the At the request of Mr. BROWNBACK, the amendment No. 3315 proposed to S. Internal Revenue Code of 1986 to pro- name of the Senator from Maryland 2400, an original bill to authorize ap- vide for excise tax reform and sim- (Ms. MIKULSKI) was added as a cospon- propriations for fiscal year 2005 for plification, and for other purposes. sor of S. Res. 311, a resolution calling military activities of the Department on the Government of the Socialist Re- of Defense, for military construction, S. 2328 public of Vietnam to immediately and and for defense activities of the De- At the request of Mr. DORGAN, the unconditionally release Father partment of Energy, to prescribe per- name of the Senator from Vermont Thadeus Nguyen Van Ly, and for other sonnel strengths for such fiscal year (Mr. JEFFORDS) was added as a cospon- purposes. for the Armed Services, and for other sor of S. 2328, a bill to amend the Fed- S. RES. 385 purposes. eral Food, Drug, and Cosmetic Act At the request of Mr. KENNEDY, the At the request of Ms. LANDRIEU, the with respect to the importation of pre- names of the Senator from California name of the Senator from Illinois (Mr. scription drugs, and for other purposes. (Mrs. FEINSTEIN) and the Senator from DURBIN) was added as a cosponsor of S. 2363 North Carolina (Mr. EDWARDS) were amendment No. 3315 proposed to S. At the request of Mr. HATCH, the added as cosponsors of S. Res. 385, a 2400, supra. name of the Senator from Massachu- resolution recognizing and honoring AMENDMENT NO. 3327 setts (Mr. KENNEDY) was added as a co- the 40th anniversary of congressional At the request of Mr. DASCHLE, the sponsor of S. 2363, a bill to revise and passage of the Civil Rights Act of 1964. name of the Senator from Tennessee extend the Boys and Girls Clubs of AMENDMENT NO. 3200 (Mr. FRIST) was added as a cosponsor of America. At the request of Mr. INHOFE, the amendment No. 3327 proposed to S. S. 2425 name of the Senator from Connecticut 2400, an original bill to authorize ap- At the request of Mr. COCHRAN, the (Mr. LIEBERMAN) was added as a co- propriations for fiscal year 2005 for name of the Senator from Maine (Ms. sponsor of amendment No. 3200 in- military activities of the Department COLLINS) was added as a cosponsor of S. tended to be proposed to S. 2400, an of Defense, for military construction, 2425, a bill to amend the Tariff Act of original bill to authorize appropria- and for defense activities of the De- 1930 to allow for improved administrations for fiscal year 2005 for military partment of Energy, to prescribe per- tion of new shipper administrative re- activities of the Department of De- sonnel strengths for such fiscal year views. fense, for military construction, and for the Armed Services, and for other S. 2529 for defense activities of the Depart- purposes. At the request of Mr. GRASSLEY, the ment of Energy, to prescribe personnel AMENDMENT NO. 3328 name of the Senator from Nebraska strengths for such fiscal year for the At the request of Mr. DASCHLE, the (Mr. HAGEL) was added as a cosponsor Armed Services, and for other pur- name of the Senator from South Da- of S. 2529, a bill to extend and modify poses. kota (Mr. JOHNSON) was added as a co- the trade benefits under the African AMENDMENT NO. 3235 sponsor of amendment No. 3328 pro- Growth and Opportunity Act. At the request of Mr. BROWNBACK, the posed to S. 2400, an original bill to au- S. 2533 names of the Senator from Alaska (Ms. thorize appropriations for fiscal year At the request of Ms. MIKULSKI, the MURKOWSKI) and the Senator from West 2005 for military activities of the De- names of the Senator from Florida (Mr. Virginia (Mr. BYRD) were added as co- partment of Defense, for military con- NELSON), the Senator from Washington sponsors of amendment No. 3235 pro- struction, and for defense activities of

VerDate May 21 2004 05:12 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.052 S22PT1 S7176 CONGRESSIONAL RECORD — SENATE June 22, 2004 the Department of Energy, to prescribe amendment No. 3409 proposed to S. have proven themselves to be a respon- personnel strengths for such fiscal year 2400, an original bill to authorize ap- sible and civic-minded couple who for the Armed Services, and for other propriations for fiscal year 2005 for share our American values of hard purposes. military activities of the Department work, dedication to family and devo- AMENDMENT NO. 3331 of Defense, for military construction, tion to community. At the request of Mr. DASCHLE, the and for defense activities of the De- Second, Mr. Plascencia has been name of the Senator from South Da- partment of Energy, to prescribe per- gainfully employed at Vince’s Shellfish kota (Mr. JOHNSON) was added as a co- sonnel strengths for such fiscal year for the past 13 years, where his dedica- sponsor of amendment No. 3331 infor the Armed Services, and for other tion and willingness to learn have pro- tended to be proposed to S. 2400, an purposes. pelled him from part-time work to a original bill to authorize appropria- AMENDMENT NO. 3457 managerial position. He now oversees tions for fiscal year 2005 for military At the request of Mr. BURNS, the the market’s entire packaging oper- activities of the Department of De- name of the Senator from Alaska (Ms. ation and several employees. The presi- fense, for military construction, and MURKOWSKI) was added as a cosponsor dent of the market, in one of the sev- for defense activities of the Depart- of amendment No. 3457 proposed to S. eral dozen letters I have received in ment of Energy, to prescribe personnel 2400, an original bill to authorize ap- support of Mr. Plascencia, referred to strengths for such fiscal year for the propriations for fiscal year 2005 for him as ‘‘a valuable and respected em- Armed Services, and for other pur- military activities of the Department ployee’’ who ‘‘handles himself in a very poses. of Defense, for military construction, professional manner’’ and serves as ‘‘a AMENDMENT NO. 3333 and for defense activities of the De- role model’’ to other employees. Others At the request of Mr. BYRD, his name partment of Energy, to prescribe per- who have written to me praising Mr. was added as a cosponsor of amend- sonnel strengths for such fiscal year Plascencia’s job performance have re- ment No. 3333 proposed to S. 2400, an for the Armed Services, and for other ferred to him as ‘‘gifted,’’ ‘‘trusted,’’ original bill to authorize appropria- purposes. ‘‘honest,’’ and ‘‘reliable.’’ tions for fiscal year 2005 for military f Third, like her husband, Mrs. Plascencia has distinguished herself as activities of the Department of De- STATEMENTS ON INTRODUCED fense, for military construction, and a medical assistant at a Kaiser BILLS AND JOINT RESOLU- Permanente hospital in the Bay Area. for defense activities of the Depart- TIONS—Friday, June 18, 2004 ment of Energy, to prescribe personnel Not satisfied with working as a maid at By Mrs. FEINSTEIN: strengths for such fiscal year for the a local hotel, Mrs. Plascencia went to S. 2549. A bill for the relief of Alfredo school, earned her high school equiva- Armed Services, and for other pur- Plascencia Lopez and Maria Del poses. lency degree and improved her skills to Refugio Plascencia; to the Committee become a medical assistant. Until her AMENDMENT NO. 3355 on the Judiciary. work permit expired last week, Mrs. At the request of Mr. REED, the name Mrs. FEINSTEIN. Mr. President, I Plascencia was working in Kaiser of the Senator from Connecticut (Mr. rise today to offer legislation to pro- Permanente’s Oncology Department, LIEBERMAN) was added as a cosponsor vide lawful permanent residence status where she attended to cancer patients. of amendment No. 3355 proposed to S. to Alfredo Plascencia Lopez and his Those who have written to me in sup- 2400, an original bill to authorize ap- wife, Maria Del Refugio Plascencia, port of Mrs. Plascencia, of which there propriations for fiscal year 2005 for Mexican nationals who live in the San are several, have described her work as military activities of the Department Bruno area of California. ‘‘responsible,’’ ‘‘efficient,’’ and ‘‘com- of Defense, for military construction, I have decided to offer legislation on passionate.’’ In fact, Kaiser and for defense activities of the De- their behalf because I believe that, Permanente’s Director of Internal Med- partment of Energy, to prescribe per- without it, this hardworking couple icine, Nurse Rose Carino, wrote to say sonnel strengths for such fiscal year and their four United States citizen that Mrs. Plascencia is ‘‘an asset to the for the Armed Services, and for other children would endure an immense and community and exemplifies the virtues purposes. unfair hardship. Indeed, without this we Americans extol: hardworking, de- legislation, this family may not re- AMENDMENT NO. 3377 voted to her family, trustworthy and At the request of Mr. KENNEDY, the main a family for much longer. The Plascencias have worked for loyal, [and] involved in her commu- name of the Senator from West Vir- nity. She and her family are a solid ex- ginia (Mr. BYRD) was added as a co- years to adjust their status through the appropriate legal channels, only to ample of the type of immigrant that sponsor of amendment No. 3377 pro- America should welcome whole- posed to S. 2400, an original bill to au- have their efforts thwarted by inatten- tive legal counsel. Repeatedly, the heartedly.’’ Mrs. Carino went on to thorize appropriations for fiscal year write that Mrs. Plascencia is ‘‘an excel- 2005 for military activities of the De- Plascencias’ lawyer refused to return their calls or otherwise communicate lent employee and role model for her partment of Defense, for military con- colleagues. She works in a very destruction, and for defense activities of with them in anyway. He also failed to forward crucial immigration docu- manding unit, Oncology, and is valued the Department of Energy, to prescribe and depended on by the physicians she personnel strengths for such fiscal year ments, or even notify the Plascencias that he had them. Because of the poor works with.’’ for the Armed Services, and for other Together, Mr. and Mrs. Plascencia purposes. representation they received, Mr. and Mrs. Plascencia only became aware have used their professional successes AMENDMENT NO. 3399 that they had been ordered to leave the to realize many of the goals dreamed of At the request of Mr. FEINGOLD, the country 15 days prior to their deporta- by all Americans. They saved up and name of the Senator from Maine (Ms. tion. Although the family was stunned bought a home. They own a car. They SNOWE) was added as a cosponsor of and devastated by this discovery, they have good health care benefits and amendment No. 3399 proposed to S. acted quickly to secure legitimate they each have begun saving for retire- 2400, an original bill to authorize ap- counsel and to file the appropriate pa- ment. They want to send their children propriations for fiscal year 2005 for perwork to delay their deportation to to college and give them an even better military activities of the Department determine if any other legal action life. of Defense, for military construction, could be taken. This legislation is important because and for defense activities of the De- The Plascencias’ current date of re- it would preserve these achievements partment of Energy, to prescribe per- moval from the United States is set for and ensure that Mr. and Mrs. sonnel strengths for such fiscal year June 23rd. Plascencia will be able to make sub- for the Armed Services, and for other For several reasons, it would be trag- stantive contributions to the commu- purposes. ic for this family to be removed from nity in the future. It is important, AMENDMENT NO. 3409 the United States. also, because of the positive impact it At the request of Mrs. MURRAY, her First, since arriving in the United will have on the couple’s children, each name was added as a cosponsor of States in 1988, Mr. and Mrs. Plascencia of whom is a United States citizen and

VerDate May 21 2004 05:12 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.053 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7177 each of whom is well on their way to Working with Alfredo on a daily basis, I detail and identifies potential problems be- becoming productive members of the have come to know Alfredo as an honest, re- fore they occur. In addition, her bilingual Bay Area community. liable, and hard working family man. Even skills enhance the patient care experience Christina, 13, is the Plascencias’ old- though we do a tremendous amount of busi- for our members who speak Spanish. ness, I really consider him a good friend and est child, and an honor student with a In her short tenure here, Maria found time caring person. to volunteer with our community outreach 3.0 grade-point average at Parkside In- If Alfredo were to be deported, it would be termediate School in San Bruno. programs. She served as a volunteer inter- a great loss not only to the fish business, but preter for our recent Neighbors in Health Erika, 9, and Alfredo, Jr., 7, are en- also importantly to his young and growing event, wherein free health care was provided rolled at Belle Air Elementary, where family. How hard it would be for them to to uninsured children in our local commu- they have worked hard at their studies continue on, or where would they turn? nity. and received praise and good grades Sincerely, BOBBY NGO, I can’t say enough about Maria and the from their teachers. In fact, last year, Tuna Purchaser/Salesman. type of person she is. I feel fortunate to have the principal of Erika’s school recog- her in my department. She is an asset to the nized her as the ‘‘Most Artistic’’ stu- ST. BRUNO’S CHURCH, community and exemplifies the virtues we dent in her class. Recently, Erika’s San Bruno, CA, August 30, 2002. Americans extol: hardworking, devoted to teacher, Mrs. Nascon, remarked on a TO WHOM IT MAY CONCERN: the purpose of her family, trustworthy and loyal employee, report card, ‘‘Erika is a bright spot in this letter is to present my observations on involved in her community. She and her family are a solid example of the type of immi- my classroom.’’ Alfredo Plascencia Lopez and Maria Plascencia’s character and work ethic. I first grant that America should welcome whole- The Plascencias’ youngest child is 2 came to know them in our church when they heartedly. year-old Daisy. came to worship on a Sunday. This happened It would be an incredible miscarriage of Removing Mr. and Mrs. Plascencia around January in 1998. justice if Maria and Alfredo are deported. from the United States would be tragic And so for the last 4 years both Alfredo and They came to this country to pursue a better for their children. Children who were Maria have been two of our outstanding pa- life and afford their children opportunities born in the United States and who rishioners at St. Bruno’s Church. They come that they wouldn’t have in Mexico. They through no fault of their own have to Sunday Mass and worship, and have been have begun to do just that by establishing been thrust into a situation that has involved in many ministries and services roots in the community and purchasing a here in our church at St. Bruno’s. Alfredo home. They have never taken advantage of the potential to dramatically alter has been especially a minister of hospitality, their lives. the ‘‘system’’ by enrolling on welfare or always welcoming people to church and to Medi-Cal, preferring to pay their own way. It would be especially tragic for the participation in the life of the community, Deporting Maria and Alfredo would rip their Plascencias’ older children—Christina, helping to provide a spirit of acceptance and family apart and result in either depriving Erika, and Alfredo—to have to leave concern among our people and providing their children of a loving family or depriving the United States. They are old enough bread and refreshments for some gatherings. them of their rights as American citizens if to understand that they are leaving Maria has been especially involved as a they leave the country of their birth with their schools, their teachers, their teacher, faithfully giving to our children the their parents. fundamentals of our Faith, of the Gospel and friends and their home. They would of a Christian moral life. They have four I pray that you will allow them the oppor- leave everything that is familiar to children all of whom have been baptized at tunity to live in this country. them. Their parents would find them- St. Bruno’s Church and come to our School Sincerely, selves in Mexico without a job and of Religion and our church. ROSE CARINO, RN, without a house. The children would Alfredo and Maria have been most gen- Director, Department of Medicine. have to acclimate to a different cul- erous with their time, their talents and their ture, language and way of life. money, sharing all these with the members THE PERMANENTE MEDICAL GROUP, INC. of our Church Community. They have also The only other option would be for SOUTH SAN FRANCISCO, SEPTEMBER 4, frequently donated food to the church and to 2002. Mr. and Mrs. Plascencia to leave their the Pastor. I have found them to be really IMMIGRATION AND NATURALIZATION SERVICE, children here with relatives. This sepa- good Christian people, most generous, con- San Francisco, CA. ration is a choice which no parents siderate, kind, honest and reliable. If they TO WHOM IT MAY CONCERN: should have to make. would have to leave the United States, it Many of the words I have used to de- will be most difficult for them and for their The purpose of this letter is to present my children who have been growing in a Chris- observations of the character and work ethic scribe Mr. and Mrs. Plascencia are not of Maria Del-Refugio Plascencia and Alfredo my own. They are the words of the tian environment and are doing so well; it would be a tremendous loss. We too here in Plascencia Lopez. Americans who live and work with the our church would find it difficult without I have worked with Ms. Plascencia for two Plascencias day in and day out and them. For they are a great asset to this years: I, as an Oncology Nurse Practitioner, who find them to embody the American country and to our church and to many peo- Maria as a Medical Assistant. Ms. Plascencia spirit. I have sponsored this legisla- ple. works closely with the oncology patients as tion, and asked my colleagues to sup- We appreciate whatever you can do for an educator, resource person, translator and port it, because I believe that this is a them to help them get their legal papers of compassionate member of our oncology team spirit that we must nurture wherever residence in the United States. at South San Francisco Kaiser. Ms. Thank you very much. Plascencia does an excellent job with the on- we can find it. Forcing the Plascencias Sincerely yours, to leave the United States would extin- cology patients. She also is responsible, effi- REV. RENE´ GO´ MEZ, cient and a pleasure to work with on a daily guish that spirit. Pastor of St. Bruno’s Church. basis. Ms. Plascencia is a vital member of I ask unanimous consent that six of the oncology staff. On one occasion I men- more than 50 letters of support my of- KAISER PERMANENTE, tioned my concern regarding a 90-year-old fice has received from members of the Re Maria Del Refugio Plascencia. cancer patient with limited vision, without San Bruno community be printed in IMMIGRATION AND NATURALIZATION SERVICE, family or friends. Ms. Plascencia imme- South San Francisco, CA. the RECORD. diately wanted to know if she and her church San Francisco, CA, August 29, 2002. group could stop by and read to this woman. There being no objection, the letters TO WHOM IT MAY CONCERN: I am writing to were ordered to be printed in the attest to the character and work ethic of I have met Mr. Plascencia on several occa- RECORD, as follows: Maria Del Refugio Plascencia. I am the Di- sions. I find him to be a pleasant, respon- H&N FOOD INT’L, INC., rector of Medicine at Kaiser Permanente, sible, and a devoted family man who works San Francisco, CA, September 30, 2002. South San Francisco. I have known Maria hard to provide for his family. Re Alfredo Plascencia Lopez and/or Maria since she was hired as a medical assistant In conclusion, Maria Del Refugio Plascencia into my department in July 2000. Plascencia and Alfredo Plascencia Lopez are IMMIGRATION AND NATURALIZATION SERVICE, Maria is an excellent employee and role two people any citizen of the United States San Francisco, CA. model for her colleagues. She is extremely would be happy and proud to have as neigh- I have known Alfredo Plascencia Lopez for dependable; in the two years she has worked bors, employees and friends. If I can be of at least nine years. My company sells prod- for me she has called in sick only once. She any further assistance in this matter, please uct to Vince’s Shellfish Company where works in a very demanding unit, Oncology, feel free to contact me at 650–742–2929. Alfredo is employed. I deal directly with and is valued and depended on by the physi- Sincerely, Alfredo regarding the quality of seafood that cians she works with. Maria is flexible, thor- ELISABETH O’MARA SUTTER, Vince’s Shellfish receives from me. ough and proactive. She pays attention to RN/NP M.S.

VerDate May 21 2004 06:36 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.056 S22PT1 S7178 CONGRESSIONAL RECORD — SENATE June 22, 2004 DOUG GUTTERMAN, ent declines to comply with it. It would vealing such information about customers Richmond, CA, September 30, 2002. also allow the recipient to make the without legal process. If investigators had IMMIGRATION AND NATURALIZATION SERVICE, first move and go to court to challenge the authority to issue an administrative sub- San Francisco, CA. the subpoena. The JETS Act also poena, the hotel manager could disclose the Re Alfredo Plascencia Lopez and.or Maria records about the Al Qaeda cell immediately Plascencia would allow the Justice Department to without fear of legal liability. In this situa- TO WHOM IT MAY CONCERN: temporarily bar the recipient of a JET tion, where the speed and success of the in- I’ve worked at my present job at Vince’s subpoena from disclosing to anyone vestigation may be matters of life and death, Shellfish for some twelve years. Thru the other than his lawyer that he has re- this disclosure would immediately provide years I have come to know Alfredo as a gift- ceived it. The FBI could bar such dis- investigators with crucial information—such ed, trusted co-worker, and a loyal friend. He closure, however, only if the Attorney as the location of the terrorists and the na- truly has been with me thru thick and thin. General certifies that ‘‘otherwise there ture of their purchases—with which to dis- Alfredo’s presence at work and at home may result a danger to the national se- rupt and prevent terrorist activity. with his family will surely be missed. Please curity of the United States.’’ Also, the ‘‘In the second hypothetical situation, understand a man of his character deserves anti-terrorism investigators learn on a Sat- to stay with us. recipient of the subpoena would have urday morning that members of an Al Qaeda Thank you for your attention. the right to go to court to challenge cell have bought bomb-making materials DOUG GUTTERMAN, the nondisclosure order. And finally, from a chemical company. They want to ob- Co-Worker & Friend. the JETS Act would protect the recipi- tain records relating to the purchase that ent from any civil liability that might may reveal what chemicals the terrorists VINCE’S SHELLFISH CO., INC., otherwise result from his good-faith bought, as well as delivery records that San Bruno, CA, September 30, 2002. compliance with a JET subpoena. might reveal the terrorists’ location. The in- IMMIGRATION AND NATURALIZATION SERVICE, At the outset, it bears mention that vestigators might seek quickly to contact an San Francisco, CA. the FBI already has ways of obtaining Assistant United States Attorney, who Re Alfredo Plascencia Lopez and/or Maria might immediately obtain a grand-jury sub- Plascencia a subpoena when it needs one for a ter- poena for the records. However, the third Alfredo Plascencia Lopez has been em- rorism investigation: it simply finds an party who holds the records could lawfully ployed here at Vince’s Shellfish for the past Assistant U.S. Attorney and asks him refuse to furnish them until the subpoena’s 11 years. Alfredo started as a part-time em- to issue a grand-jury subpoena to in- ‘return date,’ which must be on a day the ployee 01/91 and I was so impressed with his vestigate a potential crime of ter- grand jury is sitting. Because the grand jury work ethic and loyalty that I was quick to rorism. The advantages of the JETS is not scheduled to meet again until Monday hire him full-time within a year and a half. Act—of giving the FBI direct authority morning, investigators may not be able to Alfredo started full-time employment at to issue subpoenas—are not so much obtain the information for two days—during Vince’s Shellfish 07/92. Throughout the past substantive as procedural. These ad- which time the Al Qaeda cell may execute its 11 years I have observed Alfredo as a respon- plot. If investigators had the authority to sible, dependable individual. I can count on vantages principally are two: 1. A issue an administrative subpoena, which can him in any type of situation that arises in grand-jury subpoena’s ‘‘return date’’— set a very short or immediate response dead- my day-to-day business. Alfredo always han- the date by which the recipient of the line for information, they may be able to ob- dles himself in a very professional manner. subpoena is asked to comply—can only tain the records immediately and neutralize Alfredo Plascencia Lopez is in charge of be a day on which a grand jury is con- the cell.’’ my entire packing operation, which consists vened. Therefore, a grand-jury sub- Mr. Wray concluded his answer by of managing ten employees. This is an enor- poena issued on a Friday evening can- noting that ‘‘[g]ranting FBI the use of mous part of my business and Alfredo is accountable and running this operation with not have a return date that is earlier [JETS authority] would speed those no problem. The employees under him have than the next Monday. The JETS Act terrorism investigations in which sub- the utmost respect for Alfredo. He is a role would allow the FBI to set an earlier poena recipients are not inclined to model to many. He has learned the fish busi- return date, so long as that date allows contest the subpoena in court and are ness throughout his past 15 years with great ‘‘a reasonable period of time within willing to comply. Avoiding delays in enthusiasm. which the records or items [to be pro- these situations would allow agents to I know how important Alfredo’s family is duced] can be assembled and made track and disrupt terrorist activity to him. I have seen through the past years available.’’ 2. Only an AUSA can issue more effectively.’’ how he has worked hard and has always placed his family first. His wife and children a grand-jury subpoena. Therefore, To place the JETS Act in context, it are always first and important in his life. He whenever the FBI wants to use a bears noting that granting the FBI di- has provided a wonderful life for his family; grand-jury subpoena in a terrorism rect authority to issue subpoenas in if Alfredo were to be deported a beautiful case, it must find an AUSA. This can terrorism cases would hardly be anom- happy family would suffer and be broken up. be difficult and time consuming in re- alous. As the Justice Department’s Of- At this time I would like to close by saying mote locations. The JETS Act would fice of Legal Policy recently noted in a Alfredo is a valuable individual to his imme- allow the FBI to forego this exercise. published report, ‘‘Congress has grant- diate family and second, a valuable and re- The Justice Department recently made its ed some form of administrative sub- spected employee here at Vince’s Shellfish. case as to why it should be given JETS au- Sincerely, poena authority to most federal agen- thority in its answers to Senator BIDEN’s CHRISTOPHER N. SVEDISE, cies, with many agencies holding sev- written questions to Christopher Wray, the President. eral such authorities.’’ (Report to Con- Assistant Attorney General for the Criminal gress on the Use of Administrative f Division, following Mr. Wray’s testimony before the Judiciary Committee on October 21, Subpoena Authorities by Executive STATEMENTS ON INTRODUCED Branch Agencies and Entities, Pursu- BILLS AND JOINT RESOLUTIONS 2003. Senator BIDEN asked Mr. Wray to cite ‘‘instances where your terrorism investiga- ant to Public Law 106–544, Section 7.) By Mr. KYL: tions have been thwarted due to an inability The Justice Department ‘‘identified ap- S. 2555. A bill to authorize the use of to secure a subpoena from a grand jury in a proximately 335 existing administra- judicially enforceable subpoenas in ter- timely fashion.’’ While Mr. Wray declined to tive subpoena authorities held by var- rorism investigations; to the Com- provide the details of those instances when ious executive-branch entities under mittee on the Judiciary. the lack of direct authority has posed a prob- current law.’’ Ibid. lem, he did offer the ‘‘following hypothetical Among the more frequently em- Mr. KYL. Mr. President, I rise today situations, which could well arise, [and to introduce a bill that would author- which] illustrate the need for this investiga- ployed of existing executive-subpoena ize the Justice Department to issue ju- tive tool:’’ authorities is 18 U.S.C. § 3486’s permis- dicially enforceable subpoenas in ter- ‘‘In the first scenario, anti-terrorism inves- sion for the Attorney General to issue rorism investigations. tigators learn that members of an Al Qaeda subpoenas ‘‘[i]n any investigation of a Here is how the JETS Act would cell recently stayed at a particular hotel. Federal health care offense.’’ Accord- work: it would allow the FBI to sub- They want to know how the cell members ing to the Public Law 106–544 Report, in poena documents and records ‘‘in any paid for their rooms, in order to discover the year 2001 the federal government what credit cards they may have used. When investigation of a Federal crime of ter- investigators ask the hotel manager to used § 3486 to issue a total of 2,102 sub- rorism.’’ The bill would require the FBI produce the payment records voluntarily, poenas in health-care-fraud investiga- to go to Federal court to enforce the the manager declines to do so, explaining tions. These subpoenas uncovered evi- subpoena in the event that the recipi- that company policy prohibits him from re- dence of ‘‘fraudulent claims and false

VerDate May 21 2004 06:36 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.064 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7179 statements such as ‘upcoding,’ which is or resides. If the court denied the motion to persons or things. To preserve advantages of billing for a higher level of service quash, the subpoena recipient could still speed and surprise, the order is issued with- than that actually provided; double refuse to comply. The government would out prior notice and is executed, often by billing for the same visit; billing for then be required to seek another court order force, with an unannounced and unantici- compelling compliance with the subpoena. pated physical intrusion. Because this intru- services not rendered; and providing This system guarantees protection sion is both an immediate and substantial unnecessary services.’’ invasion of privacy, a warrant may be issued Executive agencies already have di- for civil liberties. The courts take very seriously their role in reviewing sub- only by a judicial officer upon a demonstra- rect subpoena authority for many tion of probable cause—the safeguard re- types of investigations. Thus it would poena-enforcement requests. As the quired by the Fourth Amendment. See U.S. not be exceptional for Congress to Third Circuit has emphasized, ‘‘the dis- Const. amend. IV (‘‘no Warrants shall issue, grant the same authority to the FBI trict court’s role is not that of a mere but upon probable cause’’). The demonstra- for terrorism cases. Indeed, as Mr. rubber stamp, but of an independent re- tion of probable cause to a neutral judicial Wray noted in his above-cited answers viewing authority called upon to insure officer places a checkpoint between the Gov- the integrity of the proceeding.’’ ernment and the citizen where there other- to questions, ‘‘[b]ecause of the benefits wise would be no judicial supervision. that administrative subpoenas provide Wearly v. FTC, 616 F.2d at 665 (1980). The prospect of judicial oversight also ‘‘A subpoena, on the other hand, com- in fast-moving investigations, they mences an adversary process during which may be more necessary in terrorism inevitably restrains even the initial ac- the person served with the subpoena may cases than in any other type of inves- tions of executive agents. As the Public challenge it in court before complying with tigation.’’ One can hardly contend that Law 106–544 Report notes, ‘‘an agency its demands. As judicial process is afforded although the federal government can must consider the strictures of [a mo- before any intrusion occurs, the proposed in- use subpoenas to investigate Moham- tion to quash or a challenge to an en- trusion is regulated by, and its justification forcement order] before issuing an ad- derives from, that process. med Atta if it suspects that he is com- ‘‘If [the appellant in this case] were correct mitting Medicare fraud, it should not ministrative subpoena.’’ And finally, the system of separated authority to in his assertion that investigative subpoenas be allowed to use the same powers if it may be issued only upon probable cause, the suspects that he is plotting to fly air- issue and review subpoenas has itself result would be the virtual end to any inves- planes into buildings. been recognized to guard civil liberties. tigatory efforts by governmental agencies, Granting direct subpoena authority The federal courts have found that as well as grand juries. This is because the to the FBI for terrorism cases first was ‘‘[b]ifurcation of the power, on the one object of many such investigations—to de- proposed by the President last year, hand of the agency to issue subpoenas termine whether probable cause exists to and on the other hand of the courts to prosecute a violation—would become a con- near the time of the second anniver- dition precedent for undertaking the inves- sary of the September 11 attacks. enforce them, is an inherent protection against abuse of subpoena power.’’ tigation. This unacceptable paradox was There is one criticism of the Presi- noted explicitly in the grand jury context in dent’s proposal that was made at that United States v. Security State Bank United States v. R. Enterprises, Inc., where time that I believe needs to be ad- and Trust, 473 F.2d at 641 (5th Cir. 1973). the Supreme Court stated: dressed. The New York Times, in a Sep- The administrative subpoena is a ‘‘[T]he Government cannot be required to tember 14 story, described unnamed well-established investigative tool with justify the issuance of a grand jury subpoena ‘‘opponents’’ as denouncing the pro- built-in protections for civil liberties. by presenting evidence sufficient to establish Its use in antiterrorism investigations probable cause because the very purpose of posal for ‘‘allow[ing] federal agents to requesting the information is to ascertain issue subpoenas without the approval should not pose a threat to individual freedom. whether probable cause exists.’’ of a judge or grand jury.’’ The U.S. Supreme Court first upheld This criticism reflects a misunder- Finally, although the constitutionality of a tool so frequently used the constitutionality of subpoena au- standing of grand-jury subpoenas. The thority in 1911. United States v. Wil- anonymous opponents of the Presi- for so long might safely be assumed, it nevertheless merits describing exactly son, 31 S.Ct. at 542, concluded that dent’s proposal appear to be under the ‘‘there is no unreasonable search and impression that the grand jury itself why subpoena power is consistent with the Fourth Amendment. A thorough seizure when a writ, suitably specific issues a grand-jury subpoena. This is and properly limited in scope, calls for not the case. Instead, a grand-jury sub- explanation recently was provided by Judge Paul Niemeyer of the U.S. Court the production of documents which . . . poena is issued by an individual federal the party procuring [the writ’s] prosecutor, without any prior involve- of Appeals for the Fourth Circuit. As Judge Niemeyer noted, the use a sub- issuance is entitled to have produced.’’ ment by a judge or grand jury. As the The Wilson Court also noted that the U.S. Court of Appeals for the District poena does not require a showing of probable cause because a subpoena is subpoena power has deep roots in the of Columbia has noted, ‘‘[i]t is impor- common-law tradition roots—that tant to realize that a grand jury sub- not a warrant—it does not authorize an immediate physical intrusion of some- stretch at least to Elizabethan times: poena gets its name from the intended ‘‘no doubt can be entertained that there use of the . . . evidence, not from the one’s premises in order to conduct a search. Rather, subpoenas are subject must have been some process similar to the source of its issuance.’’ Doe v. subpoena duces tecum to compel the produc- DiGenova, 779 F.2d at 80 n. 11 (1985). only to the Fourth Amendment’s gen- tion of documents, not only before [the] time Like the grand-jury subpoenas cur- eral reasonableness requirement—and [of Charles the Second], but even before the rently used to investigate potential they are reasonable in large part be- statute of the 5th of Elizabeth. Prior to that crimes of terrorism, JET subpoenas cause of the continuous judicial over- statute, there must have been a power in the also would be issued directly by inves- sight of their enforcement. As Judge Crown (for it would have been utterly impos- tigators, without pre-approval from a Niemeyer stated in his opinion for the sible to carry on the administration of justice without such power) to require the at- court. It is thus important to keep in court in In re Subpoena Duces Tecum, 228 F.3d at 347–49 (2000) (citations omit- tendance in courts of justice of persons capa- mind that a subpoena is merely a re- ble of giving evidence, and the production of quest for information—a request that ted): documents material to the cause, though in cannot be enforced until its reasonable- While the Fourth Amendment protects the possession of a stranger.’’ ness has been reviewed by a federal people ‘‘against unreasonable searches and The Supreme Court also has explic- judge. As Mr. Wray noted on behalf of seizures,’’ it imposes a probable cause requirement only on the issuance of warrants. itly approved the use of subpoenas by the Justice Department in his answers U.S. Const. amend. IV (‘‘and no Warrants executive agencies. In Oklahoma Press to Senator BIDEN’s questions: shall issue, but upon probable cause, sup- Pub. Co. v. Walling, 66 S.Ct. 494 (1946), The FBI could not unilaterally enforce an ported by Oath or affirmation,’’ etc.). Thus, the Court found that the investigative administrative subpoena issued in a ter- unless subpoenas are warrants, they are lim- role of an executive official in issuing a rorism investigation. As with any other type ited by the general reasonableness standard subpoena ‘‘is essentially the same as of subpoena, the recipient of an administra- of the Fourth Amendment (protecting the the grand jury’s, or the court’s in tive subpoena issued in a terrorism inves- people against ‘‘unreasonable searches and issuing other pretrial orders for the tigation would be able to challenge that sub- seizures’’), not by the probable cause require- poena by filing a motion to quash in the ment. discovery of evidence.’’ Nearly fifty United States District Court for the district ‘‘A warrant is a judicial authorization to a years ago, the U.S. Supreme Court in in which that person or entity does business law enforcement officer to search or seize Walling was able to conclude that

VerDate May 21 2004 06:36 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.095 S22PT1 S7180 CONGRESSIONAL RECORD — SENATE June 22, 2004 Fourth Amendment objections to the common name, by delivering the subpoena to there is reason to believe that the nondisclo- use of subpoenas by executive agencies an officer, to a managing or general agent, sure requirement is justified because other- merely ‘‘raise[] the ghost of con- or to any other agent authorized by appoint- wise there may result a danger to the na- troversy long since settled adversely to ment or by law to receive service of process. tional security of the United States. ‘‘(C) PROOF OF SERVICE.—The affidavit of ‘‘(3) REVIEW OF GOVERNMENT SUBMISSIONS.— [that] claim.’’ the person serving the subpoena entered by In all proceedings under this subsection, the Because granting direct subpoena au- that person on a true copy thereof shall be court shall review the submission of the Fed- thority to antiterror investigators sufficient proof of service. eral Government, which may include classi- would aid them in their important ‘‘(c) ENFORCEMENT.— fied information, ex parte and in camera. work, and would neither intrude upon ‘‘(1) IN GENERAL.—In the case of the contu- ‘‘(f) IMMUNITY FROM CIVIL LIABILITY.—Any civil liberties nor conflict with the macy by, or refusal to obey a subpoena person, including officers, agents, and em- Constitution, I propose the following issued to, any person, the Attorney General ployees of a non-natural person, who in good may invoke the aid of any court of the bill, which would authorize judicially faith produce the records or items requested United States within the jurisdiction of in a subpoena, shall not be liable in any enforceable terrorism subpoenas. which the investigation is carried on, or the court of any State or the United States to Mr. President, I ask unanimous con- subpoenaed person resides, carries on busi- any customer or other person for such pro- sent that the text of the bill be printed ness, or may be found, to compel compliance duction, or for nondisclosure of that produc- in the RECORD. with the subpoena. tion to the customer or other person. There being no objection, the bill was ‘‘(2) ORDER.—A court of the United States ‘‘(g) GUIDELINES.—The Attorney General ordered to be printed in the RECORD, as described under paragraph (1) may issue an shall, by rule, establish such guidelines as follows: order requiring the subpoenaed person, in ac- are necessary to ensure the effective imple- cordance with the subpoena, to appear, to mentation of this section.’’. S. 2555 produce records, or to give testimony touch- (b) AMENDMENT TO TABLE OF SECTIONS.— Be it enacted by the Senate and House of ing the matter under investigation. Any fail- The table of sections of chapter 113B of title Representatives of the United States of America ure to obey the order of the court may be 18, United States Code, is amended by insert- in Congress assembled, punished by the court as contempt thereof. ing after the item relating to section 2332f SECTION 1. SHORT TITLE. ‘‘(3) SERVICE OF PROCESS.—Any process the following: This Act may be cited as the ‘‘Judicially under this subsection may be served in any ‘‘2332g. Judicially enforceable terrorism sub- Enforceable Terrorism Subpoenas Act of judicial district in which the person may be poenas.’’. 2004’’. found. SEC. 2. ADMINISTRATIVE SUBPOENAS IN TER- ‘‘(d) NONDISCLOSURE REQUIREMENT.— By Mr. BINGAMAN (for himself RORISM INVESTIGATIONS. ‘‘(1) IN GENERAL.—If the Attorney General and Mr. LIEBERMAN): certifies that otherwise there may result a (a) IN GENERAL.—Chapter 113B of title 18, S. 2556. A bill to amend chapter 7 of United States Code, is amended by inserting danger to the national security of the United after section 2332f the following: States, no person shall disclose to any other title 31, United States Code, to provide for a technology assessment capability ‘‘§ 2332g. Judicially enforceable terrorism person that a subpoena was received or subpoenas records were provided pursuant to this sec- within the General Accounting Office, tion, other than to— and for other purposes; to the Com- ‘‘(a) AUTHORIZATION OF USE.— ‘‘(A) those persons to whom such disclo- ‘‘(1) IN GENERAL.—In any investigation con- mittee on Governmental Affairs. sure is necessary in order to comply with the cerning a Federal crime of terrorism (as de- Mr. BINGAMAN. Mr. President, I rise subpoena; fined under section 2332b(g)(5)), the Attorney today with my colleague Senator ‘‘(B) an attorney to obtain legal advice General may issue in writing and cause to be LIEBERMAN to introduce a bill that with respect to testimony or the production served a subpoena requiring the production of records in response to the subpoena; or would give the Congress a modest capa- of any records or other materials that the ‘‘(C) other persons as permitted by the At- bility to assess the impacts of science Attorney General finds relevant to the inves- torney General. and technology on the formulation of tigation, or requiring testimony by the cus- ‘‘(2) NOTICE OF NONDISCLOSURE REQUIRE- public policy. todian of the materials to be produced con- MENT.—The subpoena, or an officer, em- cerning the production and authenticity of All of us in the Senate are all too ployee, or agency of the United States in those materials. aware how science and technology af- writing, shall notify the person to whom the ‘‘(2) CONTENTS.—A subpoena issued under fects almost every aspect of policy we subpoena is directed of the nondisclosure re- paragraph (1) shall describe the records or debate. quirements under paragraph (1). items required to be produced and prescribe For instance, advances in science and ‘‘(3) FURTHER APPLICABILITY OF NONDISCLO- a return date within a reasonable period of SURE REQUIREMENTS.—Any person who re- technology are critical to our home- time within which the records or items can ceives a disclosure under this subsection land defense oversight duties. There be assembled and made available. shall be subject to the same prohibitions on are many legislative proposals to de- ‘‘(3) ATTENDANCE OF WITNESSES AND PRO- disclosure under paragraph (1). DUCTION OF RECORDS.— ploy biological detection sensors in our ‘‘(4) ENFORCEMENT OF NONDISCLOSURE RE- ‘‘(A) IN GENERAL.—The attendance of wit- cities. Yet, Congress does not get time- QUIREMENT.—Whoever knowingly violates ly, in-depth advice on the policy impli- nesses and the production of records may be paragraphs (1) or (3) shall be imprisoned for required from any place in any State, or in not more than 1 year, and if the violation is cations on such issues as how many any territory or other place subject to the committed with the intent to obstruct an in- would be needed in a large city, or how jurisdiction of the United States at any des- vestigation or judicial proceeding, shall be will the data be integrated into a com- ignated place of hearing. imprisoned for not more than 5 years. munications network, and would such ‘‘(B) LIMITATION.—A witness shall not be ‘‘(5) TERMINATION OF NONDISCLOSURE RE- a large volume of data be accurately required to appear at any hearing more than QUIREMENT.—If the Attorney General con- analyzed and disseminated in a timely 500 miles distant from the place where he cludes that a nondisclosure requirement no was served with a subpoena. longer is justified by a danger to the na- fashion. In another area of homeland ‘‘(C) REIMBURSEMENT.—Witnesses sum- tional security of the United States, an offi- defense, we are not confident on what moned under this section shall be paid the cer, employee, or agency of the United the policy implications are for bio- same fees and mileage that are paid to wit- States shall notify the relevant person that metrics applied to border control. What nesses in the courts of the United States. the prohibition of disclosure is no longer ap- are the costs for applying biometrics to ‘‘(b) SERVICE.— plicable. the millions of visas we issue every ‘‘(1) IN GENERAL.—A subpoena issued under ‘‘(e) JUDICIAL REVIEW.— year? How might these biometrics, this section may be served by any person ‘‘(1) IN GENERAL.—At any time before the designated in the subpoena as the agent of return date specified in a summons issued which record our physiological features service. under this section, the person or entity sum- into a single database, invade our no- ‘‘(2) SERVICE OF SUBPOENA.— moned may, in the United States district tions of privacy? ‘‘(A) NATURAL PERSON.—Service of a sub- court for the district in which that person or In the jurisdiction of my committee, poena upon a natural person may be made by entity does business or resides, petition for Energy and Natural Resources, we personal delivery of the subpoena to that an order modifying or setting aside the sum- would like to know how technology person, or by certified mail with return re- mons. could mitigate the threat of wildfires, ceipt requested. ‘‘(2) MODIFICATION OF NONDISCLOSURE RE- especially on urban regions adjacent to ‘‘(B) BUSINESS ENTITIES AND ASSOCIA- QUIREMENT.—Any court described under para- TIONS.—Service of a subpoena may be made graph (1) may modify or set aside a non- our national forests. We know that upon a domestic or foreign corporation, or disclosure requirement imposed under sub- there are improvements in building upon a partnership or other unincorporated section (d) at the request of a person to materials and construction techniques association that is subject to suit under a whom a subpoena has been directed, unless that can reduce the danger of homes

VerDate May 21 2004 06:36 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.096 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7181 suddenly catching fire and spreading to the Congress. It was Senator BENNETT were exposed to the GAO pilot and adjacent homes. However, the effect of who first suggested placing this pilot many were surprised that the GAO was such technology improvements on pol- at the GAO, and when contacted, the willing to undertake such a program, icy matters involving building codes, GAO stepped forward to accept that and that its staff quickly adapted to fire and disaster insurance, and coordi- challenge. the technology assessment process. nation of communications between fed- Since that time, the three-year pilot The third review occurred in Decem- eral and local emergency response are program at the GAO has conducted, or ber of 2003 at the request of the Senate unknown, yet critical to our law mak- has underway, technology assessments Legislative Branch Appropriations ing duties. on a wide range of topics, from bio- Subcommittee. This review was con- There are other areas where tech- metrics for border control, cyber-secu- ducted by the GAO. The subcommittee nology affects law making and over- rity, cargo container security, and asked what would be required to con- sight duties. The Congress has sup- technology to mitigate the impact of duct this pilot on a sustained basis. ported efforts to integrate technology wildfires on urban boundaries. All of The GAO concluded that four full time into one of the most crucial elements these assessments were initiated by bi- staff would be required at a cost of of democracy—voting. Nevertheless, partisan and bicameral letters to the $420,000, plus $125,000 for additional ex- questions remain on the accountability GAO. penses to work with outside groups of each vote, and the cyber-security of I believe this pilot program to be a such as the National Research Council electronic voting systems. These vot- success. The first report on biometrics to collect data. This request has ap- ing technology issues directly affect for border control has received good peared as part of GAO’s Fiscal Year the public confidence in any law we evaluations from industry and congres- 2005 budget submission. The GAO also may write to bring electronic voting sional staff. The GAO still testifies on requested additional legislative au- into the mainstream. the results from the report. The second thorities so that the assessments could I could go on and on, but these exam- report on cyber-security has just been be part of their annual budget process. ples lead me to the bill I am intro- released, experts across government This bill is in response to the Decem- ducing today. and the private sector believe it is of ber 2003 findings of GAO; it has been Congress abolished the Office of high quality. A technology assessment fully coordinated with the GAO and Technology Assessment (OTA) in 1995. on cargo container security is under- their findings. This bill also reflects While I disagreed with this decision, way. A wildfire technology assessment the comments from the July 2003 Na- the bill I am proposing today seeks to has just been initiated. tional Academies workshop and the establish a smaller, less costly capa- In addition, this pilot program has first review of the GAO by the expert bility in the General Accounting Office undergone several reviews. panel in October of 2002. (GAO). The first review occurred in October Let me now outline several feature of The Congressional Research Service of 2002, when the first technology as- this bill, and then I will comment on (CRS) and GAO have many technology- sessment on biometrics ended. A group what this bill does not have. First, the bill proposes to modify the competent personnel, but neither as- of distinguished scientists, familiar GAO’s organic act to give it the statu- sesses the effects of technology on pol- with the technology assessment proc- tory authority to perform technology icy-making. The CRS or GAO may ess, reviewed the GAO’s organizational assessments as part of its advice to the study or catalog various technologies, capability to conduct future tech- Congress. In doing so, the GAO is di- they may assess the merits of one technology assessments. While they were rected make such technology assess- nology versus another, or even its eco- impressed with the quality of the ments in a timely and objective fash- nomic benefits and costs, but they do GAO’s effort, they made positive sug- ion. One of the major issues with the not analyze how the technology can af- gestions on how the GAO could improve the policy analysis phase of the OTA was that many of its reports were fect policy. so in-depth that they missed the legis- Some may assert the National Acad- technology assessment, as this crucial lative cycle to make a substantive im- emy of Sciences performs such a func- feature was new to the GAO. The group pact on a bill under consideration by tion. The National Academies inde- of experts reviewed the organizational the Congress. In addition to the longer, mix of the GAO, and its ability to ab- pendently, through outside advisory more in-depth reports, I expect that sorb the technology assessment process committees, evaluates the techno- the GAO will give quick turn-around within their traditional audit and qual- logical merits of programs that involve phone consultations on singular tech- ity control structure. These experts technology, usually funded by the exec- nology assessment questions by staff. utive branch, and not directly by the found that the GAO’s Center for Tech- Second, it directs the Comptroller Congress. The majority of the technology and Engineering, which per- General to ensure that the GAO has the nology evaluations by the National formed the first biometrics assessment, human resources expertise in tech- Academies are not technology assess- was a capable organization, as it was nology and policy to ensure a high ments, they do not consider what con- accustomed to undertaking a wide quality product. sequences a technology will have on range of technology-oriented problems. Third, it directs the Comptroller the policies that the Congress con- Finally, the experts commented on how General, to the maximum extent prac- siders. Because the Academy maintains the GAO could utilize nongovern- ticable, to be apprised of other ongoing a strong independence, the timing of mental entities to perform the data efforts that may be providing informa- their reports are not, and should not collection, thus reducing the potential tion to the Congress. be, linked to the Congressional cal- to create a new bureaucracy. For the Fourth, it directs the Comptroller to endar. first biometrics report, the experts sup- peer review all the technology assess- I believe it is possible have an exist- ported the GAO working with the Na- ment reports. ing legislative branch agency such as tional Research Council to conduct Fifth, it directs the Comptroller Gen- the GAO give to neutral, objective stakeholder workshops to gather a eral to establish an advisory board in technology assessments to the Con- wide range of data, while the report consultation with the National Acad- gress in a timely fashion. I am of the writing would be by a legislative emy of Sciences. This board shall pro- opinion that the GAO can undertake branch entity—the GAO. vide external advice on the assessment this function without creating a large The second review was a workshop topics, how they are selected, and bureaucracy. held in July of 2003, at the National methods to their improve timeliness Let me first outline the history of Academy of Sciences. A wide array of and quality. Many times advisory the legislation I am proposing. nongovernmental attendees evaluated boards are an extra overhead burden, Three years ago, with the help of the pilot program at the GAO in the but in this case, where the GAO is act- Senator BENNETT, who then chaired the context of other organization models ing as a bridge between the outside Legislative Branch Subcommittee on for technology assessment, from recre- technical community and the Congress, Appropriations, I was able to initiate a ating the old OTA to simply using the I feel it is important that some form of pilot program at the GAO to perform National Academies. This was the first external peer review of the technology technology assessments of interest to time many nongovernmental persons assessment process be present.

VerDate May 21 2004 05:12 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.097 S22PT1 S7182 CONGRESSIONAL RECORD — SENATE June 22, 2004 Sixth, it gives the GAO the necessary (1) FINDINGS.—Congress finds that— ‘‘(2) The advisory panel shall consist of 5 authority to enter into contracts with (A) it is important for Congress to be bet- members, who by reason of professional outside groups to obtain the informa- ter informed regarding the impact of tech- background and experience, are specially tion and technical feedback that does nology on matters of public concern, includ- qualified to advise on technology assess- not reside within the GAO, thus avoiding implications for economic, national secu- ments. rity, social, scientific, and other national ‘‘(3) Terms on the advisory panel shall— ing the creation of a bureaucracy with- policies and programs; ‘‘(A) be for a period of 2 years; and in the GAO. (B) on a pilot basis, the General Account- ‘‘(B) begin on January 1, on each year in Finally, it requires the GAO to sub- ing Office has demonstrated a capacity to which a new Congress is convened. mit an annual report to the Congress perform independent and objective tech- ‘‘(4) Notwithstanding section 1342, for the on its technology assessment activities nology assessments for Congress; and purposes of establishing a technology assess- from the prior year. (C) the development of a cost-effective and ment advisory panel, the Comptroller Gen- Let me explain what this authoriza- efficient capacity for timely and deliberate eral may accept and use voluntary and un- tion does not do. technology assessments by the General Ac- compensated services (except for reimburse- First, it does not create a Tech- counting Office requires the commitment of ment of travel expenses). Individuals pro- nology Assessment Board consisting of additional resources and administrative viding such voluntary and uncompensated members of Congress to help select flexibility given the current resource con- services shall not be considered Federal employees, except for purposes of chapter 81 of topics. There was much concern that straints of the General Accounting Office. (2) PURPOSES.—The purposes of this Act are title 5 and chapter 171 of title 28. the OTA became almost beholden to its to— ‘‘(g)(1) In order to gain access to technical Technology Assessment Board to the (A) direct the establishment of a tech- knowledge, skills, and expertise necessary dismay of other members of Congress. I nology assessment capability in the General for a technology assessment performed under have left the topic selection process to Accounting Office; this section, the Comptroller General may the GAO within their existing authori- (B) ensure the quality of such technology utilize individuals and enter into contracts ties, similar to the way they currently assessments in order to enhance the ability or other arrangements to acquire needed ex- schedule and produce reports for mem- of Congress to address complex technical pertise with any agency or instrumentality bers and committees. This process has issues in a more timely and effective man- of the United States, with any State, terri- ner; and tory, or possession or any political subdivi- been refined and tested over many sion thereof, or with any person, firm, asso- years, and it is flexible enough to ac- (C) condition the development of a technology assessment capability in the General ciation, corporation, or educational institu- commodate sudden high priority de- Accounting Office on the provision of ade- tion. mands. I see no reason why scheduling quate additional resources and administra- ‘‘(2) Contracts and other arrangements technology assessments cannot be part tive flexibility. under this subsection may be entered into— of this bigger scheduling process, so (b) TECHNOLOGY ASSESSMENTS.—Chapter 7 ‘‘(A) with or without reimbursement; and that its demands are reflected in the of title 31, United States Code, is amended by ‘‘(B) without regard to section 3709 of the overall scheduling priorities of the inserting after section 720 the following: Revised Statutes (41 U.S.C. 5) or section 3324 of this title. GAO. ‘‘§ 721. Technology assessments Second, this legislation does not cre- ‘‘(h) The Comptroller General shall submit ‘‘(a) The General Accounting Office shall to Congress an annual report on technology ate a large legislative branch entity. establish a technology assessment capability assessment activities of the General Ac- The OTA had upwards of 200 people and to coordinate and prepare information for counting Office. a $30 million budget before it was dis- Congress relating to the policy implications ‘‘(i)(1) There are authorized to be appro- banded in 1995. This authorization re- of applications of technology. priated to the General Accounting Office to lies on a core internal group at the ‘‘(b) The Comptroller General may estab- carry out the activities described in this sec- GAO that relies on outside entities to lish standards and procedures to govern tion, $2,000,000 for each of fiscal years 2004, technology assessments performed under provide information where needed and 2005, and 2006. this section as the Comptroller General de- ‘‘(2) Technology assessments under this to be a technical sounding board termines necessary. through workshops on a particular section may not be performed during fiscal ‘‘(c) Technology assessments performed years 2004, 2005, and 2006, unless a sufficient technology and its various policy im- under this section shall— annual appropriation is provided for such fis- plications. ‘‘(1) provide Congress with timely and ob- cal years.’’. This legislation strikes an important jective information to contribute to legisla- (c) TECHNICAL AND CONFORMING AMEND- balance. It establishes some internal tive consideration of technology applications MENT.—The table of sections for chapter 7 of legislative branch capability to ana- and their policy implications, including title 31, United States Code, is amended by lyze how technology affects our policy- thorough reports, in-depth studies, and inserting after the item relating to section making duties. It fills a void left when short-term consultations; 720 the following: ‘‘(2) be undertaken by the Comptroller the OTA was abolished by relying on a ‘‘721. Technology assessments.’’. General with special attention to the tech- core team at the GAO using their exist- nical expertise and policy analysis skills Mr. DURBIN. Mr. President, today, I ing authorities for topic selection. Fi- needed to perform a prospective assessment am introducing a bill that would repeal nally, it provides an important bridge of technology applications and policy impli- a provision in the Consolidated Appro- to the many nongovernmental entities cations; priations Act of 2004, regarding the and societies that give advice to the ‘‘(3) be designed, to the extent practicable, amount of time that records of ap- executive branch and Congress, while to review an application of technology to an proved gun sales can be retained. ensuring legislative branch objectivity issue of public interest, including consider- This provision, which will be enacted ation of benefits, cost, and risks from such and quality. within the next month, was a measure I hope my colleagues join me in sup- technology; and ‘‘(4) include peer review by persons and or- that the House and Senate conferees porting this legislation. I hope that it ganizations of appropriate expertise. agreed to drop, but nonetheless was in- receives a hearing in the Governmental ‘‘(d) In performing technology assessments, serted at the last minute into the Con- Affairs Committee, so that all sides of the Comptroller General shall be properly ference Report. That provision is op- the fact finding process can be brought apprised of Federal and non-Federal entities posed by law enforcement and threat- to bear on this bill’s strengths and providing information to Congress to— ens public safety because each year, it weaknesses, and in so doing, be im- ‘‘(1) enable effective coverage of critical would allow hundreds of convicted fel- proved and reported to the floor of the issues; and ‘‘(2) avoid duplication of effort. ons, fugitives, and possibly even terror- Senate for its full consideration and ists, to have firearms—even though passage. ‘‘(e) Technology assessments performed under this section may be initiated as pro- they are prohibited by Federal law There being no objection, the bill was vided under section 717(b). from having one. ordered to be printed in the RECORD, as ‘‘(f)(1) In consultation with the National Under the Brady Handgun Violence follows: Academy of Sciences, the Comptroller Gen- Prevention Act, licensed firearms deal- S. 2556 eral shall establish a technology assessment ers generally are prohibited from Be it enacted by the Senate and House of Rep- advisory panel to provide advice on tech- transferring firearms to an individual resentatives of the United States of America in nology assessments performed under this Congress assembled, section, methodologies, possible subjects of until a search of the National Instant SECTION 1. GENERAL ACCOUNTING OFFICE study, and the means of improving the qual- Criminal Background Check System TECHNOLOGY ASSESSMENTS. ity and timeliness of technology assessment (NICS) determines that the transfer (a) FINDINGS AND PURPOSES.— services provided to Congress. would not violate applicable Federal or

VerDate May 21 2004 06:36 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.098 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7183 State law. For example, these back- chasing and the reduction of law en- The clock is ticking: this provision ground checks determine if someone is forcement oversight.’’ The nine organi- will go into effect in less than a month, a convicted felon; convicted of a crime zations in the LESC are the following: before July 21, 2004. We must act now of domestic violence or under a domes- the Federal Law Enforcement Officers to keep firearms out of the hands of tic violence restraining order; or a fu- Association, the International Brother- hundreds of convicted felons, fugitives, gitive. Current regulations allow the hood of Police Officers, the Major Cit- and terrorists each year. I urge my col- records of approved firearms sales to be ies Chiefs Association, the Major Coun- leagues to join me in support of this retained in a computer database, ty Sheriff’s Association, the National important, commonsense legislation to known as the NICS Audit Log, for up to Association of Police Organizations, promote public safety and to ensure 90 days, after which the records must the National Organization of Black that similar provisions are not enacted be destroyed. Law Enforcement Executives, the Na- in future appropriation legislation. The NICS Audit Log provides many tional Troopers Coalition, the Police useful and necessary functions. First, Executive Research Forum, and the By Mr. HARKIN (for himself and it allows examiners to determine if, Police Foundation. Mr. SPECTER): based on new information, someone The Federal Bureau of Investigation S. 2558. A bill to improve the health who was allowed to receive a firearm is Agents Association, a non-govern- of Americans and reduce health care in fact prohibited by federal law from mental professional association with a costs by reorienting the Nation’s doing so. Second, the NICS Audit Log membership of nearly 9,000 current and health care system towards prevention, allows the FBI to search for patterns of more than 2,000 retired FBI agents na- wellness, and self care; to the Com- mittee on Finance. fraud and abuse by both gun dealers tionwide has written: ‘‘The more the Mr. SPECTER. Mr. President, I have and purchasers. Finally, it can help de- retention period is reduced, the more difficult it would become to use the pa- sought recognition to introduce the termine if gun buyers have submitted Health Care Assurance Act of 2004, false identification in order to thwart perwork to investigate or prosecute crimes related to the use of sales of the which is legislation designed to cover the background check system. the 43 million Americans who are cur- The provision that my legislation firearms in question. Any such efforts rently not covered, and to provide for today would repeal reduced the time can only complicate the already dif- offsets in cost to cover the expendi- these records may be retained from 90 ficult task of law enforcement and tures in covering the 43 million Ameri- days to 24 hours. This will decrease the jeopardize public safety.’’ Although the FBI Agents Association cans who are now not covered. effectiveness of the NICS Audit Log does not speak for the official FBI, it is The United States has the greatest and have a dramatic, negative impact worth noting that the FBI’s NICS Oper- health care system in the world, and it on public safety. ations Report in March 2000 rec- is desirable, in my opinion, to incre- In July 2001, the Department of Jus- ommended extending the retention pe- mentally change the health care sys- tice proposed an almost-identical riod from 90 days to one year and noted tem to cover those who are now not change to the NICS regulations. In re- that the Advisory Policy Board con- covered as opposed to having some vast sponse to that proposal, I asked the curred with that recommendation. bureaucracy take over, with the Gov- non-partisan General Accounting Of- Finally, the International Associa- ernment taking all of the responsi- fice to conduct a study on its possible tion of Chiefs of Police, the world’s old- bility. effects. The key finding of this study est and largest association of law en- I have introduced health care legisla- was: ‘‘Regarding public safety, the FBI forcement executives, with more than tion in some detail during the course of would lose certain abilities to initiate 19,000 members in 90 countries, stands my tenure in the Senate and have been firearm-retrieval actions when new in- behind its 2001 letter to the FBI, in privileged to be the chairman of the formation reveals that individuals who which the IACP wrote: ‘‘We believe Appropriations Subcommittee on were approved to purchase firearms that decreasing the amount of time the Health and Human Services since 1995, should not have been. Specifically, dur- purchase records are kept will weaken where, working collaboratively with ing the first 6 months of the current 90– the background check system and Senator HARKIN, the ranking, senior day retention policy, the FBI used re- allow more criminals to illegally ob- Democrat on the subcommittee, we tained records to initiate 235 firearm- tain weapons.... The IACP believes have increased funding in the National retrieval actions, of which 228, 97 per- that the 90-day retention period should Institutes of Health, done extensive cent, could not have been initiated not be shortened. Decreasing the reten- work on stem cell research, and pro- under the proposed next-day destruction period of these records to one busi- vided a great many health care pro- tion policy.’’ ness day will not provide law enforce- grams. The legislation which I am in- Therefore, if this provision is not re- ment with sufficient time to perform troducing today I introduce on behalf pealed, each year, more than 450 people the necessary audits on the NICS sys- of Senator HARKIN and myself. who are prohibited by federal law from tem as established by the Brady Act.’’ The essence of this legislation would having a firearm nonetheless will have In addition to the threat to public provide for small employer and indi- one. safety, this provision will have mone- vidual group purchasing so small em- This number could even be much tary costs. According to the GAO re- ployers or individuals can have the higher. In the 6 months examined by port, the FBI has determined that benefit of what large companies get by the GAO, the FBI determined that an when this change in the NICS retention virtue of more purchasing power. That additional 179 transactions were ini- policy is implemented, many of the au- expenditure would run, over a 10-year tially approved and reversed more than dits currently conducted on a monthly period, at $300 million. one day later, but did not result in ac- or quarterly basis would have to be There is considerable loss of coverage tual firearm sales. In other words, dur- conducted on a real-time basis—either when people change jobs. On the so- ing this six-month period, the back- hourly or daily. The FBI has said it called portability, this legislation pro- ground checks yielded a total of 407 would need to add 10 staff members to vides in some detail for covering people mistakes that would not have been conduct these real-time audits, which between jobs, at a cost of about $101 caught if the NICS record retention pe- would bring the total number of audit billion over the course of the 10-year riod had been shortened to 24 hours. staff to 19. period. Given this negative effect on public Especially in this time of increased Financial incentives for young adults safety, many law enforcement agencies attention to homeland security, this is are provided. There is an outreach pro- and officials have expressed their oppo- not the proper allocation of our limited gram for Medicaid-eligible low-income sition. For example, the Law Enforce- resources. Unless we repeal this provi- families. There is expanded coverage ment Steering Committee (LESC), a sion, we will be funding ten additional for the State Children’s Health Insur- nonpartisan coalition of organizations FBI staff members to implement a pol- ance Program and their families. representing law enforcement manage- icy that would allow hundreds of con- The total cost of the programs over a ment, labor, and research, is ‘‘convicted felons and fugitives to keep 10-year period would be $540 billion. cerned with provisions included in the their firearms. That clearly does not There are savings specified and identi- omnibus bill addressing firearms pur- make sense. fied in the course of this bill to make

VerDate May 21 2004 06:51 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.065 S22PT1 S7184 CONGRESSIONAL RECORD — SENATE June 22, 2004 up for that money, for one thing, im- ment and without completely over- in order to spread risk and provide proving the program integrity and effi- hauling our current system, one that price equity to all; and (3) meet guide- ciency in the Medicare Program by works well for most Americans—serv- lines for marketing practices. This pro- having more audits to stop fraud in a ing over 82 percent of our non-elderly vision would cost $300 million over 10 very active way by reducing medical citizens. We must enact reforms that years and provide coverage to approxi- errors. The Institute of Medicine pub- improve upon our current market- mately 15.6 million Americans who are lished a report identifying up to 98,000 based health care system, as it is clear- currently uninsured. deaths a year due to medical errors. ly the best health care system in the (2) COBRA Portability Reform: For They specified a program for saving up world. those persons who are uninsured be- to $150 billion over a 10-year period by When you hear the term ‘‘uninsured’’ tween jobs and for insured persons who reducing medical errors. you immediately think of men and fear losing coverage should they lose The Subcommittee on Health and women who are unemployed and their their jobs, this legislation would re- Human Services, which I chair, had children. The unemployed make up ap- form the existing COBRA law by: (1) provided funding to move ahead in im- proximately 18 percent of Americans extending to 24 months the minimum plementing the reduction in those er- who lack health insurance. However, time period in which COBRA may rors. There would be savings from im- nearly 26 million individuals are em- cover individuals through their former proving health care quality, efficiency, ployed and still are without health employers’ plan; (2) expanding cov- and consumer education, and there care coverage. Approximately 14 mil- erage options to include plans with a would be considerable savings in pri- lion employed individuals have house- lower premium and a $1,000 deduct- mary and preventative care providers. hold incomes below 200 percent of the ible—saving a typical family of four 20 There needs to be a great deal of ad- Federal poverty level and are eligible percent in monthly premiums—and ditional education. One statistic which for public health insurance programs, plans with a lower premium and a I found of concern was that there are 14 but have not applied. This statistic in- $3,000 deductible—saving a family of million Americans who qualify for cludes 4 million children who are eligi- four 52 percent in monthly premiums. Medicaid programs, being below the 200 ble for Medicaid and the State Chil- This provision would cost $101.7 billion percent of poverty, who don’t seek the dren’s Health Insurance program. over 10 years and would cover 8.5 mil- coverage and don’t know of its avail- Because of early retirements, nearly lion people. (3) State Based Program of Financial ability. In our Health and Human Serv- 10 percent of people between the ages of Incentives to Young Adults: This legis- 55 and 64, are uninsured. ices bill, we are providing funding to lation creates a $4 billion a year grant Approximately 25 to 30 percent of try to move ahead with an educational program which consists of financial in- young adults between the ages of 18 program. centives for full-time independent col- and 34 are uninsured. Last month, a nonpartisan campaign lege students, part-time students, re- Immigrants and their U.S.-born chil- was launched to call attention to the cent graduates and other young adults dren represent more than 90 percent of plight of more than 43 million Ameri- without health insurance coverage. the increase in the uninsured popu- cans under age 65 who lack health in- Coverage would be offered through ex- lation since 1989. surance coverage. Two former presi- isting State programs, such as State In the United States, in 2003, $1.7 tril- dents—Gerald Ford and Jimmy high risk insurance pools and would be lion was spent on health care or more Carter—cochaired the effort. They were limited so that when individuals are than $5,800 per person. It is projected supported by nine former Surgeons hired, they receive health insurance that annual health care expenditures General and Department of Health and through their employer. This provision will exceed $3.4 trillion by 2013 or 18 Human Services Secretaries, as well as would cost $40 billion over 10 years and percent of gross domestic product. some of the most influential organiza- would cover 4 million people who are tions in this country, including the Costs of covering the uninsured in 2004 currently uninsured. AFL–CIO and the U.S. Chamber of dollars is approximately $48 billion or (4) Outreach Programs for Low-In- Commerce. Nearly 1,500 public events $500 plus billion over 10 years. These come Families Who are Eligible to En- took place throughout the country, all costs are in addition to the $125 billion roll in Medicaid: This program is de- designed to bring together diverse in- per year currently spent for Medicare signed to improve coverage through ex- terests around a single objective: to in- and Medicaid payments, out of pocket isting public and private health care sist that all Americans have access to expenses paid by the uninsured and programs by making low-income par- health insurance coverage. other state and local programs. ents aware of State child health insur- Here in the Senate, a special task Accordingly, today I am introducing ance programs. The legislation would force appointed by Majority Leader the Health Care Assurance Act of 2004. also improve knowledge concerning FRIST and headed by my distinguished This legislation would provide health public health benefits of health insur- colleague Senator JUDD GREGG issued a care coverage for all Americans who ance coverage, including the advan- series of recommendations for address- are currently uninsured. The bill’s $540 tages of receiving prevention and ing this problem. billion price tag, over the next 10 wellness services. This new outreach Well before last month, we knew years, would be offset by improving program would involve the Depart- that, contrary to what some assume, program integrity and efficiency, a re- ments of Agriculture, Health and the ranks of the uninsured consisted duction in medical errors, increasing Human Services, the Social Security primarily of working families with low the use of medical technology, and pre- Administration and other Federal and moderate incomes—not just the ventive health measures, including im- agencies to improve knowledge about unemployed. proving health care quality and con- health insurance coverage available We knew that the lack of insurance sumer education. Let me briefly sum- through public programs. Outreach will ultimately compromises a person’s marize the provisions of this legisla- be targeted to eligible populations and health because he or she is less likely tion. be designed in a culturally appropriate to receive preventive care, is more (1) Small Employer and Individual manner and identify particularly hard likely to be hospitalized for avoidable Purchasing Groups: This legislation es- to reach populations, including recent health problems, and is more likely to tablishes voluntary small employer immigrants and migrant and seasonal be diagnosed in the late stages of dis- and individual purchasing groups de- farm workers. This provision would eases. signed to provide affordable, com- cost $4 billion over 10 years and would And we knew that the lack of insur- prehensive health coverage options for cover up to 3 million previously unin- ance coverage leaves individuals and employers, their employees, and other sured individuals. their families more financially vulner- uninsured individuals and their fami- (5) Expansion of the State Children’s able to higher out-of-pocket costs for lies. Health plans offering coverage Health Insurance Program and Family their medical bills. through such groups will: (1) provide a Coverage: The legislation would in- As I have said many times, we can fix standard, actuarially equivalent health crease the income eligibility to fami- the problems felt by uninsured Ameri- benefits package; (2) adjust community lies with incomes at or below 235 per- cans without resorting to big govern- rated premiums by age and family size cent of the Federal poverty level,

VerDate May 21 2004 05:12 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.100 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7185 $44,486 annually for a family of four, sible Managed Care Act of 1998, 1999, On August 12, 1992, I introduced legis- and would also, for the first time, pro- and 2001 balanced proposals which lation entitled the Health Care Afford- vide health insurance to the child’s would ensure that patients receive the ability and Quality Improvement Act family. This provision would cost $394 benefits and services to which they are of 1992, S. 3176, that would have en- billion over 10 years and would cover entitled, without compromising the hanced informed individual choice re- 12.4 million children and extend cov- savings and coordination of care that garding health care services by pro- erage to their families. can be achieved through managed care. viding certain information to health (6) Improving Program Integrity and I have advocated health care reform care recipients, would have lowered the Efficiency in the Medicare Program: in one form or another throughout my cost of health care through use of the The bill would raise the cap on Medi- 24 years in the Senate. My strong in- most appropriate provider, and would care contractor audit funding/program terest in health care dates back to my have improved the quality of health integrity from $720 million to $1 billion first term, when I sponsored S. 811, the care. over a 5-year period. This provision Health Care for Displaced Workers Act On January 21, 1993, the first day of would save an estimated $60 billion of 1983, and S. 2051, the Health Care the 103rd Congress, I introduced the over the next 10 years. Cost Containment Act of 1983, which Comprehensive Health Care Act of 1993, (7) Reducing Medical Errors and In- would have granted a limited antitrust S. 18. This legislation consisted of re- creasing the Use of Medical Tech- exemption to health insurers, permit- forms that our health care system nology: A provision is included that ting them to engage in certain joint ac- could have adopted immediately. These would provide for demonstration pro- tivities such as acquiring or processing initiatives would have both improved grams to test best practices for reduc- information, and collecting and dis- access and affordability of insurance ing errors, testing the use of appro- tributing insurance claims for health coverage and would have implemented priate technologies to reduce medical care services aimed at curtailing then systemic changes to lower the esca- errors, such as hand-held electronic escalating health care costs. In 1985, I lating cost of care in this country. S. 18 medication systems, and research in introduced the Community-based Dis- is the principal basis of the legislation geographically diverse locations to de- ease Prevention and Health Promotion I introduced in the last five Congresses as well as this one. termine the causes of medical errors. Projects Act of 1985, S. 1873, directed at On March 23, 1993, I introduced the To assist in the development by the reducing the human tragedy of low Comprehensive Access and Afford- birth weight babies and infant mor- private sector of needed technology ability Health Care Act of 1993, S. 631, tality. Since 1983, I have introduced standards, the bill would provide for which was a composite of health care and cosponsored numerous other bills ways to examine use of information legislation introduced by Senators technology and coordinate actions by concerning health care in our country. During the 102nd Congress, I pressed COHEN, KASSEBAUM, BOND, and MCCAIN, the Federal Government and ensure and included pieces of my bill, S. 18. I that this investment will further the the Senate to take action on the health care market issue. On July 29, 1992, I introduced this legislation in an at- national health information and infra- tempt to move ahead on the consider- offered an amendment to legislation structure. This section of the legisla- ation of health care legislation and then pending on the Senate floor, tion is projected to save $150 billion provide a starting point for debate. As which included a change from 25 per- over the next 10 years. I noted earlier, I was precluded by ma- cent to 100 percent deductibility for (8) Improving Health Care Quality, jority leader Mitchell from obtaining health insurance purchased by self-em- Efficiency and Consumer Education: Senate consideration of my legislation ployed individuals, and small business The legislation would set up dem- as a floor amendment on several occa- insurance market reforms to make onstration projects to educate the pub- sions. Finally, on April 28, 1993, I of- health coverage more affordable for lic regarding wise consumer choices fered the text of S. 631 as an amend- small businesses. Included in this about their health care, such as appro- ment to the pending Department of the priate health care costs and quality amendment were provisions from a bill Environment Act, S. 171, in an attempt control information. The Department introduced by the late Senator John to urge the Senate to act on health of HHS would be tasked with devel- Chafee, legislation which I cosponsored care reform. My amendment was de- oping public service announcements to and which was previously proposed by feated 65 to 33 on a procedural motion, educate the public about their coverage Senators Bentsen and Durenberger. but the Senate had finally been forced choices, eligibility and preventive care When then-majority leader Mitchell ar- to contemplate action on health care services. Also included in this title is a gued that the health care amendment I reform. provision on ways to improve the effec- was proposing did not belong on that On the first day of the 104th Con- tiveness and portability of advance di- bill, I offered to withdraw the amend- gress, January 4, 1995, I introduced a rectives and living wills. Projected cost ment if he would set a date certain to slightly modified version of S. 18, the savings of this section of the bill is $70 take up health care, similar to an ar- Health Care Assurance Act of 1995, also billion over the next 10 years. rangement made on product liability S. 18, which contained provisions simi- (9) Primary and Preventive Care legislation, which had been placed on lar to those ultimately enacted in the Services: Language is included to en- the calendar for September 8, 1992. The Kassebaum-Kennedy legislation, in- courage the use of nonphysician pro- majority leader rejected that sugges- cluding insurance market reforms, an viders such as nurse practitioners, phy- tion, and the Senate did not consider extension of the tax deductibility of sician assistants, and clinical nurse comprehensive health care legislation health insurance for the self employed, specialists by increasing direct reim- during the balance of the 102nd Con- and tax deductibility of long term care bursement under Medicare and Med- gress. My July 29, 1992 amendment was insurance. icaid without regard to the setting defeated on a procedural motion by a I continued these efforts in the 105th where services are provided. The bill vote of 35 to 60, along party lines. Congress, with the introduction of also seeks to encourage students early The substance of that amendment, Health Care Assurance Act of 1997, S. on in their medical training to pursue however, was adopted later by the Sen- 24, which included market reforms a career in primary care and it pro- ate on September 23, 1992, when it was similar to my previous proposals with vides assistance to medical training included in a Bentsen/Durenberger the addition of a new Title I, an inno- programs to recruit such students. The amendment which I cosponsored to vative program to provide vouchers to savings from this provision is esti- broaden tax legislation, H.R. 11. This States to cover children who lack mated at $260 billion over a 10 year pe- amendment, which included essentially health insurance coverage. I also intro- riod. the same self-employed tax deduct- duced Title I of this legislation as a The bill I am introducing today is ibility and small group reforms I had stand-alone bill, the Healthy Children’s distinct from my longstanding efforts proposed on July 29 of that year, passed Pilot Program of 1997, S. 435, on March regarding managed care reform. During the Senate by voice vote. Unfortu- 13, 1997. This proposal targeted the ap- the 105th, 106th, and 107th Congresses, I nately, these provisions were later proximately 4.2 million children of the joined a bipartisan group of Senators dropped from H.R. 11 in the House-Sen- working poor who lacked health insur- to introduce the Promoting Respon- ate conference. ance at that time. These are children

VerDate May 21 2004 05:12 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.102 S22PT1 S7186 CONGRESSIONAL RECORD — SENATE June 22, 2004 whose parents earn too much to be eli- for biomedical research and to support to Congress on October 27, 1993, my gible for Medicaid, but do not earn legislation which will incrementally staff reviewed it and found an increase enough to afford private health care make health care available to all to 105 new agencies, boards, and com- coverage for their families. Americans. missions and 47 existing departments, This legislation would have estab- My concern about health care has programs and agencies with new or ex- lished a $10 billion/5-year discretionary long pre-dated my own personal bene- panded jobs. This chart received na- pilot program to cover these uninsured fits from the MRI and other diagnostic tional attention after being used by children by providing grants to States. and curative procedures. As I have pre- Senator Bob Dole in his response to the Modeled after Pennsylvania’s extraor- viously discussed, my concern about President’s State of the Union address dinarily successful Caring and health care began many years ago and on January 24, 1994. BlueCHIP programs, this legislation has been intensified by my service on The response to the chart was tre- was the first Republican-sponsored the Appropriations Subcommittee on mendous, with more than 12,000 people children’s health insurance bill during Labor, Health and Human Services, from across the country contacting my the 105th Congress. and Education, which I now have the office for a copy; I still receive requests I was encouraged that the Balanced honor to chair. for the chart nearly ten years later. Budget Act of 1997, signed into law on My own experience as a patient has Groups and associations, such as August 5, 1997, included a combination given me deeper insights into the United We Stand America, the Amer- of the best provisions from many of the American health care system beyond ican Small Business Association, the children’s health insurance proposals my perspective from the U.S. Senate. I National Federation of Republican throughout this Congress. The new leg- have learned: (1) our health care sys- Women, and the Christian Coalition, islation allocated $24 billion over 5 tem, the best in the world, is worth reprinted the chart in their publica- years to establish State Child Health every cent we pay for it; (2) patients tions—amounting to hundreds of thou- Insurance Programs, funded in part by sometimes have to press their own sands more in distribution. Bob Wood- cases beyond doctors’ standard advice; a slight increase in the cigarette tax. ward of the Washington Post later During both the 106th and 107th Con- (3) greater flexibility must be provided stated that he thought the chart was gresses, I again introduced the Health on testing and treatment; (4) our sys- the single biggest factor contributing Care Assurance Act. These bills contem has the resources to treat the 40.9 to the demise of the Clinton health tained similar insurance market re- million Americans currently unin- care plan. And during the November sured, but we must find the way to pay 1996 election, my chart was used by forms, as well as new provisions to aug- for it; and (5) all Americans deserve the Senator Dole in his presidential cam- ment the new State Child Health Insur- access to health care from which I and paign to illustrate the need for incre- ance Program, to assist individuals others with coverage have benefited. mental health care reform as opposed with disabilities in maintaining qual- I have long been convinced that our to a big government solution. ity health care coverage, and to estab- Federal budget of $2.4 trillion could The Department of Health and lish a National Fund for Health Re- provide sufficient funding for Amer- Human Services has stated that the search to supplement the funding of ica’s needs if we establish our real pri- health care, education, and child care the National Institutes of Health. All orities. Over the past 10 years, I believe for the 3.5 to 4 million low-birth-weight these new initiatives, as well as the we have learned a great deal about our infants and children from their births market reforms that I supported pre- health care system and what the Amer- to the time they reach 15 years old viously, work toward the goals of cov- ican people are willing to accept from costs between $5.5 and $6 billion more ering more individuals and stemming the Federal Government. The message than what it would have cost if those the tide of rising health costs. we heard loudest was that Americans children had been born at normal My commitment to the issue of do not want a massive overhaul of the weight. We know that in most in- health care reform across all popu- health care system. Instead, our con- stances, prenatal care is effective in lations has been consistently evident stituents want Congress to proceed at a preventing low-birth-weight babies. during my tenure in the Senate, as I slower pace and to target what is not Numerous studies have demonstrated have taken to this floor and offered working in the health care system that low birth weight does not have a health care reform bills and amend- while leaving in place what is working. genetic link, but is instead most often ments on countless occasions. I will While I would have been willing to associated with inadequate prenatal continue to stress the importance of cooperate with the Clinton administra- care or the lack of prenatal care. The the Federal Government’s investment tion in addressing this Nation’s health short and long-term costs of saving and in and attention to the system’s fu- care problems, I found many areas caring for infants of low birth weight ture. where I differed with President Clin- are staggering. As my colleagues are aware, I can ton’s approach to solutions. I believe It is a human tragedy for a child to personally report on the miracles of that the proposals would have been del- be born weighing 16 ounces with at- modern medicine. Nearly 10 years ago, eterious to my fellow Pennsylvanians, tendant problems which last a lifetime. an MRI detected a benign tumor, me- to the American people, and to our I first saw one pound babies in 1984 ningioma, at the outer edge of my health care system as a whole. Most when I was astounded to learn that brain. It was removed by conventional importantly, as the President proposed Pittsburgh, PA, had the highest infant surgery, with 5 days of hospitalization in 1993, I did not support creating a mortality rate of African-American ba- and 5 more weeks of recuperation. large new government bureaucracy be- bies of any city in the United States. I When a small regrowth was detected cause I believe that savings should go wondered how that could be true of by a follow-up MRI in June 1996, it was to health care services and not bu- Pittsburgh, which has such enormous treated with high powered radiation reaucracies. medical resources. It was an amazing using a remarkable device called the On this latter issue, I first became thing for me to see a one pound baby, ‘‘Gamma Knife.’’ I entered the hospital concerned about the potential growth about as big as my hand. However, I on the morning of October 11, 1996, and in bureaucracy in September 1993 after am pleased to report that as a result of left the same afternoon, ready to re- reading the President’s 239-page pre- successful prevention initiatives like sume my regular schedule. Like the liminary health care reform proposal. I the Federal Healthy Start program, MRI, the Gamma Knife is an innova- was surprised by the number of new Pittsburgh’s infant mortality has de- tion, coming into widespread use only boards, agencies, and commissions, so I creased 20 percent. in the past decade. asked my legislative assistant, Sharon To improve pregnancy outcomes for In July 1998, I was pleased to return Helfant, to make me a list of all of women at risk of delivering babies of to the Senate after a relatively brief them. Instead, she decided to make a low birth weight and to reduce infant period of convalescence following heart chart. The initial chart depicted 77 new mortality and the incidence of low- bypass surgery. This experience again entities and 54 existing entities with birth-weight births, as well as improv- led me to marvel at our health care new or additional responsibilities. ing the health and well-being of moth- system and made me more determined When the President’s 1,342-page ers and their families, I initiated ac- than ever to support Federal funding Health Security Act was transmitted tion that led to the creation of the

VerDate May 21 2004 05:12 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.104 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7187 Healthy Start program in 1991. Work- essential that we invest more resources for a research consortium led by the ing with the first Bush administration in these programs now if we are to University of Pennsylvania to perform and Senator HARKIN, as chairman of make any substantial progress in re- the first clinical trials testing the use the Appropriations Subcommittee, we ducing the costs of acute care in this of intelligence technology for breast allocated $25 million in 1991 for the de- country. cancer detection. My Appropriations velopment of 15 demonstration As chairman of the Labor, HHS and subcommittee has continued to provide projects. This number grew to 22 in Education Appropriations Sub- funds to continue these clinical trials. 1994, to 75 projects in 1998, and the committee, I have greatly encouraged In 1998, I cosponsored the Women’s Health Resources and Services Admin- the development of prevention pro- Health Research and Prevention istration expects this number to con- grams which are essential to keeping Amendments, which was signed into tinue to increase. For fiscal year 2004, people healthy and lowering the cost of law later that year. This bill revised we secured $98 million for this vital health care in this country. In my and extended certain programs with reprogram. view, no aspect of health care policy is spect to women’s health research and To help children and their families to more important. Accordingly, my pre- prevention activities at the National truly get a healthy start requires that vention efforts have been widespread. Institutes of Health and the Centers for we continue to expand access to Head I joined my colleagues in efforts to Disease Control and Prevention. Start. This important program pro- ensure that funding for the Centers for In 1996, I also cosponsored an amend- vides comprehensive services to low in- Disease Control and Prevention, CDC, ment to the Fiscal Year 1997 VA–HUD come children and families, including increased $3.9 billion or 390 percent Appropriations bill which required that health, nutritional and social services since 1989, for a fiscal year 2004 total of health plans provide coverage for a that children need to achieve the $4.9 billion. We have also worked to in- minimum hospital stay for a mother school readiness goal of Head Start. I crease funding for CDC’s breast and and child following the birth of the have strongly supported expanding this cervical cancer early detection pro- child. This bill became law in 1996. program to cover more children and gram to $209.5 million in fiscal year I have also been a strong supporter of families. Since FY’00, funding for Head 2004, almost double its 1993 total. funding for AIDS research, education, Start has increased from $5.3 billion to I have also supported programs at and prevention programs. the FY’04 level of $6.8 billion. Addi- CDC which help children. CDC’s child- During the 101st Congress I cospon- tional funding has extended the reach hood immunization program seeks to sored the Ryan White Comprehensive of this important program to the cur- eliminate preventable diseases through AIDS Resources Emergency Act of 1990 rent level of approximately 920,000 chil- immunization and to ensure that at which amended the Public Health Serv- dren. least 90 percent of 2-year-olds are vac- ice Act to direct the Secretary of Our attention to improved health of cinated. The CDC also continues to Health and Human Services, through children shifts to the school house educate parents and caregivers on the the administrator of the Health Re- door, as all children enroll in schools importance of immunization for chil- sources and Services Administration, throughout the Nation. And it is in the dren under 2 years. Along with my col- to make grants in any metropolitan schools where we have taken our next leagues on the Appropriations Com- area that has reported and confirmed steps to improve the overall health of mittee, I have helped ensure that fund- more than 2,000 acquired immune defi- the Nation and reduce preventable ing for this important program to- ciency syndrome, AIDS, cases or a per health care expenditures. In the past 15 gether with the complementary Vac- capita incidence of at least 0.0025, eligi- years, obesity has increased by over 50 cines for Children Program has grown ble area. This legislation requires that percent among adults and in the past from $914 million in 1999 to $1.8 billion the grants be directed to the chief 20 years, obesity has increased by 100 in fiscal year 2004. The CDC’s lead poi- elected official of the city or urban percent among children and adoles- soning prevention program annually county that administers the public cents. A recent analysis by the Na- identifies about 50,000 children with health agency serving the greatest tional Institute of Child Health and elevated blood levels and places those number of individuals with AIDS in the Human Development, NICHD, Study of children under medical management. eligible area. This bill became law in Early Child Care and Youth Develop- The program prevents the amount of 1990. ment found that third grade children in lead in children’s blood from reaching During the 104th Congress I cospon- the study received an average of 25 dangerous levels and has grown from sored the Ryan White CARE Reauthor- minutes per week in school of mod- $38.2 million in fiscal year 2000 to $41.7 ization Act of 1995 which provided fed- erate to vigorous activity, while ex- million in fiscal year 2004. eral funds to metropolitan areas and perts in the United States have rec- In recent years, we have also states to assist in health care costs and ommended that young people should strengthened funding for Community support services for individuals and participate in physical activity of at Health Centers, which provide immuni- families affected by acquired immune least moderate intensity for 30 to 60 zations, health advice, and health pro- deficiency syndrome, AIDS, or infec- minutes each day. That is why I have fessions training. These centers, ad- tion with the human immunodeficiency supported increased funding for the ministered by the Health Resources virus, HIV. This bill became law in Carole M. White Physical Education and Services Administration, provide a 1996. for Progress program. Since it was first critical primary care safety net to Funding for Ryan White AIDS pro- funded at $5 million in FY 2001, this rural and medically underserved com- grams has increased from $757.4 million program has grown to $70 million in FY munities, as well as uninsured individ- in 1996 to $2.02 billion for fiscal year 2004. These funds help school districts uals, migrant workers, the homeless, 2004. Within the fiscal year 2004 fund- and community based programs across residents of public housing, and Med- ing, $73 million was included for pedi- the country improve and expand phys- icaid recipients. Funding for Commu- atric AIDS programs and $749 million ical education programs in school, nity Health Centers has increased from for the AIDS Drug Assistance Program, while also helping children develop $1 billion in fiscal year 2000 to $1.6 bil- ADAP. AIDS research at the NIH to- healthy lifestyles to combat the epi- lion in fiscal year 2004. taled $742.4 million in 1989, and has in- demic of obesity in the Nation. As former chairman of the Select creased to an estimated $2.9 billion in The Labor-HHS bill also has made Committee on Intelligence and current fiscal year 2004. great strides in increasing funding for chairman of the Appropriations Sub- The health care community con- a variety of public health programs, committee with jurisdiction over non- tinues to recognize the importance of such as breast and cervical cancer pre- defense biomedical research, I have prevention in improving health status vention, childhood immunizations, worked to transfer CIA imaging tech- and reducing health care costs. The family planning, and community nology to the fight against breast can- Balanced Budget Act of 1997 and the health centers. These programs are de- cer. Through the Office of Women’s Consolidated Omnibus Appropriations signed to improve public health and Health within the Department of Act of fiscal year 2001 established new prevent disease through primary and Health and Human Services, I secured and enhanced preventive benefits with- secondary prevention initiatives. It is a $2 million contract in fiscal year 1996 in the Medicare program, such as flu

VerDate May 21 2004 05:12 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.105 S22PT1 S7188 CONGRESSIONAL RECORD — SENATE June 22, 2004 shots, bone mass measurements, yearly ical errors: Dec. 13, 1999—to discuss the As part of a public education pro- mammograms, biennial pap smears and findings of the Institute of Medicine’s gram, I included an amendment to the pelvic exams, and coverage of report on medical errors; Jan. 25, 2000— Medicare Prescription Drug and Mod- colonoscopy for high risk patients. a joint hearing with the Committee on ernization Act of 2003 which directed However, some of these ‘‘wellness’’ ben- Veterans’ Affairs to discuss a national the Secretary of Health and Human efits have cost obligations, such as co error reporting system and the VA’s Services to include in its annual payments or deductibles. In this bill, I national patient safety program; Feb. ‘‘Medicare And You’’ handbook, a sec- have also included provisions which re- 22, 2000—a joint hearing with the HELP tion that specifies information on ad- fine and strengthen preventive benefits Committee to discuss the Administra- vance directives and details on living within the Medicare program, includ- tion’s strategy to reduce medical er- wills and durable powers of attorney ing coverage of yearly pap smears, pel- rors. regarding a person’s health care deci- vic exams, and screening and diag- After hearing from Government wit- sions. nostic mammography with no copay- nesses and experts in the field on med- As chairman of the Labor, Health ment or Part B deductible; and cov- ical errors, I included $50 million in the and Human Services, and Education erage of insulin pumps for certain Type FY 2001 Senate Labor, Health and Appropriations Subcommittee, I have I Diabetics. Human Services and Education for a worked to provide much-needed re- During the 102nd Congress, I cospon- patient safety initiative. In the Senate sources for hospitals, physicians, sored an amendment to the Veterans’ report I also directed the Agency for nurses, and other health care profes- Medical Programs Amendments of 1992 Healthcare Research and Quality, sionals. The National Institutes of which included improvements to health AHRQ, to: (1) develop guidelines on the Health provides funding for biomedical and mental health care and other serv- collection of uniform error data; (2) es- research at our Nation’s universities, ices to veterans by the Department of tablish a competitive demonstration hospitals, and research institutions. I Veterans Affairs. This bill became law program to test ‘‘best practices;’’ and led the effort to double funding for the in 1992. (3) research ways to improve provider National Institutes of Health over 5 During the 106th Congress, I spon- training. sored the Veterans Benefits and Health years. Funding for the NIH has in- The committee also directed AHRQ creased from $11.3 billion in fiscal year Care Improvement Act of 2000 which in- to prepare an interim report to Con- creased amounts of educational assist- 1995 to $28 billion in fiscal year 2004. gress concerning the results of the An adequate number of health profes- ance for veterans under the Mont- demonstration program within 2 years gomery GI Bill and enhanced health sionals, including doctors, nurses, den- of the beginning of the projects. The tists, psychologists, laboratory techni- programs. This bill became law in 2000. FY 2002 Senate report directed AHRQ I also sponsored the Department of cians, and chiropractors is critical to to submit a report detailing the results Veterans Affairs Long-Term Care and the provision of health care in the of its initiative to reduce medical er- Personnel Authorities Enhancement United States. I have worked to pro- rors. HHS combined both reports into Act which improved and enhanced the vide much needed funding for health one, which it submitted to me earlier provision of health for veterans. This professional training and recruitment this year. bill became law in 2003. programs. In fiscal year 2004, these I cosponsored the Jobs and Growth Since FY 2001 the Labor/HHS Sub- vital programs received $436 million. Tax Relief Reconciliation Act which committee has included within the Nurse education and recruitment alone became law in 2003. This Act provided Agency for Healthcare Research and has been increased from $58 million in $20 billion in fiscal relief to the states, Quality funding for research into ways fiscal year 1996 to $142 million in fiscal half of which went toward Medicaid re- to reduce medical errors. The FY 2002 year 2004. appropriation was $55 million, in FY lief. Once recruited and trained, health 2003 another $55 million was provided, In 1996, I cosponsored the Health Cov- professionals must be given the re- in FY 2004 the appropriation was in- erage Availability and Affordability sources to provide quality health care creased to $79.5 million and in FY 2005, Act, which improved the portability in all areas of the country. Differences while still pending Senate action a fig- and continuity of health insurance cov- in reimbursement rates between rural ure of $84 million is proposed. erage in the group and individual mar- and urban areas have led to significant kets, combated waste, fraud, and abuse Statistics find that 30 percent of Medicare expenditures occur during a problems in health professional reten- in health insurance and health care de- tion. During the debate on the Bal- livery, promoted the use of medical person’s last year of life and beyond the last year of life, a tremendous per- anced Budget Refinement Act 2, which savings accounts, improved access to passed as part of the FY 2001 consoli- long-term care services and coverage, centage of medical costs occur in the last month, in the last few weeks, in dated appropriations bill, I attempted and simplified the administration of to reclassify some Northeastern hos- health insurance. This bill became law the last week, or in the last few days. A New England Journal of Medicine pitals in Pennsylvania to a Metropoli- in 1996. tan Statistical Area with higher reim- On November 29, 1999, the Institute of article stated that as much as 3.3 per- bursement rates. Due to the large vol- Medicine, IOM, issued a report entitled cent of national health care costs could ume of requests from other states, we ‘‘To Err is Human: Building a Safer be saved yearly by reducing the use of were not able to accomplish these re- Health System.’’ The IOM Report esti- end of life interventions. While some classifications for Pennsylvania. How- mated that anywhere between 44,000 estimates of the end of life costs have ever, as part of the FY 2004 Omnibus and 98,000 hospitalized Americans die been projected to be over $500 billion, Appropriations bill, I secured $7 mil- each year due to avoidable medical over a 10-year period, the cost analysis lion for twenty northeastern Pennsyl- mistakes. However only a fraction of in this bill does not include any of vania hospitals affected by area wage these deaths and injuries are due to these estimates in the projected sav- negligence; most errors are caused by ings calculations. index shortfalls. system failures. The IOM issued a com- The issue of cutting back on end of As part of the Medicare Prescription prehensive set of recommendations, in- life treatments is such a sensitive sub- Drug and Medicare Improvement Act of cluding the establishment of a nation- ject and no one should decide for any- 2003, which passed the Senate on No- wide, mandatory reporting system; in- body else what that person should have vember 25, 2003, a $900 million program corporation of patient safety standards by way of end-of-life medical care. was established to provide a one-time in regulatory and accreditation pro- What care ought to be available is a appeal process for hospital wage index grams; and the development of a non- very personal decision. reclassification. Thirteen Pennsylvania punitive ‘‘culture of safety’’ in health Living wills give an individual an op- hospitals were approved for funding care organizations. The report called portunity to make that judgment, to through this program in Pennsylvania. for a 50 percent reduction in medical make a decision as to how much care The following table outlines the $540 errors over 5 years. he or she wanted near the end of his or billion in projected health care costs After the report was issued I held a her life and that is, to repeat, a matter offset by the $540 billion in health care series of three LHHS hearings on med- highly personalized for the individual. saving assumptions contained in the

VerDate May 21 2004 05:12 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.107 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7189 provisions of the Health Care Assur- Artists realize that adults who corrupt The Supreme Court states that sec- ance Act of 2004. These costs and sav- or exploit the innocence of children are ondary liability is ‘‘imposed in vir- ings are for a 10-year period. the worst type of villains. In ‘‘Oliver tually all areas of the law.’’ Secondary Twist’’, Fagin and Bill Sikes profited liability is universal because its logic Projected health care costs by inducing children to steal. In the is compelling. It does not absolve film ‘‘Chitty-Chitty Bang-Bang’’, the lawbreakers of guilt. But it recognizes Small Employer and Indi- leering ‘‘Child-Catcher’’ lured children that we are all human: We are all more vidual Purchasing Groups $300,000,000 into danger with false promises of ‘‘free likely to break the law if encouraged COBRA Portability Reform 101,700,000,000 lollipops.’’ Tragically, some corpora- or ordered to do so. Secondary liability Financial Incentives for tions now seem to think that they can thus discourages lawlessness by pun- Young Adults ...... 40,000,000,000 Outreach Program for Med- legally profit by inducing children to ishing people who manipulate others icaid Eligible Low-In- steal—that they can legally lure chil- into doing the ‘‘dirty work’’ of break- come Families ...... 4,000,000,000 dren and others with false promises of ing the law. Secondary liability usu- Expanded Coverage for the ‘‘free music.’’ ally targets two types of persons: 1. State Children’s Health Such beliefs seem common among those who induce others to break the Insurance Program and distributors of so-called peer-to-peer law, and 2. those who control others Their Families ...... 394,000,000,000 filesharing (‘‘P2P’’) software. These who break the law. programs are used mostly by children Though secondary liability is nearly Total—Projected Health Care Costs ... 540,000,000,000 and college students—about half of ubiquitous, it has almost always re- their users are children. Users of these mained as a judge-made, common-law Projected health programs routinely violate criminal doctrine—and for a good reason. Sec- care savings laws relating to copyright infringe- ondary liability prevents the use of in- Improving Program Integ- ment and pornography distribution. direct means to achieve illegal ends. rity/Efficiency in the Criminal law defines ‘‘inducement’’ as Consequently, the scope of secondary Medicare Program ...... $60,000,000,000 ‘‘that which leads or tempts to the liability must be flexible—otherwise, it Reducing Medical Errors commission of crime.’’ Some P2P soft- would just instruct wrong-doers on how and Increasing Medical ware appears to be the definition of to legally encourage or manipulate Technology ...... 150,000,000,000 criminal inducement captured in com- others into breaking the law. The com- Improving Health Care puter code. mon-law judicial process is ideally Quality, Efficiency and Distributors of some P2P software Consumer Education ...... 70,000,000,000 suited to evolve flexible secondary-li- Primary and Preventive admit this. The distributors of ability rules from the results of many Care Providers ...... 260,000,000,000 EarthStation 5 state, ‘‘While other individual cases. peer 2 peer networks like Kazaa or As a result, Congress rarely codifies Total—Projected Imesh continue to deny building their secondary liability. It has codified sec- Health Care Savings 540,000,000,000 programs for illegal file sharing, at ondary liability to narrow it, as in the The provisions which I have outlined ES5 we not only admit why we built Patent Act. Congress has codified sec- today contain my ideas for a frame- ES5, we actually promote P2P, endorse ondary liability in the Criminal Code work to provide affordable, quality file sharing, and join our users in swap- to ensure that the narrow construction health care for all Americans. I am op- ping files!’’ given criminal statutes would not fore- posed to rationing health care. I do not Recently, in the Grokster case, a close secondary liability. In the Digital want rationing for myself, for my fam- Federal court drew similar conclusions Millennium Copyright Act, Congress ily, or for America. I believe we can about the intent of other distributors codified a complex balance between op- provide care for the 43 million Ameri- of P2P software. It warned that some posed interests that expanded one type cans who are now not covered by sav- P2P distributors ‘‘may have inten- of secondary liability and narrowed an- ings in other areas of the $1.7 trillion tionally structured their businesses to other. currently being spent on health care. avoid secondary liability for copyright Congress has always assumed that in- The time has come for concerted action infringement, while benefiting finan- fringers could readily induce con- in this arena. I urge my colleagues to cially from the illicit draw of their sumers to accept infringing copies of move this legislation forward prompt- wares.’’ In other words, many P2P dis- works. It thus created ‘‘a potent arse- ly. tributors may think that they can law- nal of remedies against an infringer fully profit by inducing children to ....’’ But secondary liability often By Mr. HATCH (for himself, Mr. break the law and commit crimes. arises if a third party can be ordered or LEAHY, Mr. FRIST, Mr. DASCHLE, They are dead wrong. America pun- induced to make the infringing copies. Mr. GRAHAM of South Carolina, ishes as criminals those who induce Consequently, only after copying de- and Mrs. BOXER): others to commit any criminal act, in- vices became available to people who S. 2560. A bill to amend chapter 5 of cluding copyright infringement. The might be induced to infringe did ques- title 17, United States Code, relating to first sentence of our Criminal Code tions about secondary liability for in- inducement of copyright infringement, states: fringement become pressing. and for other purposes; to the Com- Whoever commits an offense against the In 1984, these questions reached the mittee on the Judiciary. United States or aids, abets, counsels, com- Supreme Court in Sony Corp. v. Uni- Mr. HATCH. Mr. President, I rise mands, induces, or procures its commission, versal City Studios, Inc. Sony held with my esteemed colleague and friend, is punishable as a principal .... that the makers of the Betamax VCR Senator LEAHY, ranking Democrat Indeed, it is absurd to think that our could not be held secondarily liable in Member of the Senate Judiciary Com- law might be otherwise. No civilized a civil suit brought by copyright hold- mittee, to introduce the ‘‘Inducing In- country could let sophisticated adults ers—even though some consumers fringement of Copyrights Act of 2004.’’ profit by tempting its most vulnerable would use VCRs to make infringing This Act will confirm that creative art- citizens—its children—to break the copies of copyrighted TV broadcasts. ists can sue corporations that profit by law. Sony also created a broader limita- encouraging children, teenagers and I think we must understand how tion on secondary liability by import- others to commit illegal or criminal some corporations came to confuse ing a limitation that that Congress had acts of copyright infringement. Sen- child endangerment with a legal busi- codified only in the Patent Act; this ator LEAHY and I are pleased that Ma- ness model. Their confusion seems to was the substantial-noninfringing-use jority Leader FRIST and Minority Lead- arise from court cases misinterpreting rule, also called the ‘‘staple article of er DASCHLE and Senators GRAHAM and a well-intended Supreme Court deci- commerce’’ doctrine. Sony intended BOXER are co-sponsoring this impor- sion that tried to clarify two critical this rule to strike, as between creators tant bipartisan legislation. components of federal law: the law of of works and copying equipment, the It is illegal and immoral to induce or secondary liability and the law of copy- same ‘‘balance’’ that it had struck encourage children to commit crimes. right. under the Patent Act between the

VerDate May 21 2004 05:12 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.109 S22PT1 S7190 CONGRESSIONAL RECORD — SENATE June 22, 2004 rights of patent holder and makers of down’’ the viral redistribution that can onto unsuspecting consumers, univer- staple products. otherwise automatically make the user sities and businesses. Under the Patent Act, the substan- an international distributor of infring- And search indices are just one of the tial-noninfringing-use rule bars sec- ing works. The Center notes that the risks that designers of P2P software ondary liability for selling a ‘‘staple’’ ‘‘complexity of KaZaA’s installation seem to impose upon their young users product that has a ‘‘substantial non- and disabling functions’’ may leave to avoid control. For example, the de- infringing use’’—even if that staple many users unaware that they have be- signers of most filesharing software could also be used as a component in come a contributor to global, for-profit choose to lack the ability to remove or an infringing copy of a patented inven- copyright piracy. Unfortunately, ‘‘pi- block access to files known to contain tion. This rule protects makers of sta- racy machines’’ designed to mislead viruses, child pornography or pornog- ples without changing the nature of their users are just one of the perverse raphy mislabeled to be appealing to secondary liability. In particular, it effects of a secondary liability rule children. This ability could create does not immunize bad actors who in- that punishes control and immunizes ‘‘control’’ and trigger liability. Aiding tend to distribute ‘‘patent-infringe- inducement. distributors of viruses and pornography ment kits.’’ Even in the rare case of a Perhaps the least perverse of these may be just an unfortunate side effect novel invention that consists only of effects has been years of conflict be- of avoiding control while inducing in- ‘‘staple’’ components, an ‘‘infringe- tween the content and technology infringement. ment kit’’ must bundle components dustries. Content creators sought the A secondary-liability rule that im- and include assembly instructions. Nei- tech-mandate ‘‘corrections’’ that Sony munizes inducement also encourages ther the bundle nor the instructions proposed. Technology industries op- attempts to conceal risks from con- will likely have a ‘‘substantial non- posed such laws because they too easily sumers: It is easier to induce people to infringing use.’’ foreclose innocent or unforeseen appli- take risks if they are unsure whether Sony intended this rule to strike the cations. P2P software illustrates the they are incurring a risk or its sever- same admirable ‘‘balance’’ under the problem: Today, most P2P software ity. The interfaces of most P2P soft- Copyright Act. Unfortunately, Sony functions like Earthstation 5’s ‘‘piracy ware provide no warnings about the se- also proposed that if this rule proved machine.’’ Yet all agree that non-pi- vere consequences of succumbing to problematic, Congress should alter it racy-adapted implementations of P2P the constant temptation of infringe- on a technology-by-technology basis. could have legitimate and beneficial ment. This proposal was flawed: In 1976, Con- uses. Another risk to users of P2P software gress redrafted the Copyright Act to A rule that punishes only control arises when pornography combines avoid the need to re-adjust copyrights also produces absurd results. Sec- with the ‘‘viral redistribution’’ that on a technology-by-technology basis ondary liability should focus on intent thwarts removal of infringing copies of works. Most filesharing networks are because legislation could no longer to use indirect means to achieve illegal awash in pornography, much of it mis- keep pace with technological change. ends. A rule that punishes only control labeled, obscene, illegal child pornog- Returning to this impractical tech- degenerates into inane debate about raphy, or harmful to minors. Anyone nology-based approach would create an which indirect means was used. Thus risks criminal prosecution if they dis- endless procession of ‘‘tech-mandate’’ Napster and Grokster are regulated dif- tribute pornography accessible to mi- laws that discriminate between tech- ferently—though they function simi- nors over these child-dominated net- nologies Congress deems ‘‘good’’ or larly from the perspective of the user, works. As a result, one P2P distributor ‘‘bad.’’ But technologies are rarely in- the distributor, or the copyright hold- who does distribute ‘‘adult’’ content herently either ‘‘good’’ or ‘‘bad.’’ Most er. demands that it be protected by access can be used for either purpose; the ef- A rule that punishes only control also acts as a ‘‘tech-mandate’’ law: It controls. But every adult who uses this fect depends on details of implementa- distributor’s software as intended to tion impossible to capture—or pre- mandates the use of technologies that avoid ‘‘control’’—regardless of whether download one of millions of unpro- dict—in prospective legislation. tected pornographic files automati- Of course, the dysfunctional correc- they are suited for a particular task. cally makes that pornography avail- tive mechanism that Sony proposed Napster was punished for processing able for re-distribution to millions of would have become problematic only if search requests efficiently on a cen- children. This distributor has sat si- the Sony limitation was misunderstood tralized search index that it controlled. lently—knowing that its software ex- Grokster escaped by processing search or misapplied by lower courts. Unfortu- poses millions of its users to risks of requests less efficiently on a decentral- nately, that has now happened. criminal prosecution that the dis- In cases like Napster and Grokster, ized search index that it did not contributor cannot be paid to endure. lower courts misapplied the substan- trol. Rewarding inefficiency makes lit- Perhaps the worst effect of punishing tial-non-infringing-use limitation. tle sense. control and rewarding inducement is A secondary-liability rule that pun- These courts forgot about ‘‘balance’’ that it achieves precisely what Sony ishes only control also punishes con- and held that this limitation radically sought to avoid: It leaves copyright sumers: It encourages designers to alters secondary liability. In effect, holders with an enforcement remedy avoid ‘‘control’’ by shifting risks onto these cases retained secondary that is ‘‘merely symbolic’’: It seems liability’s control prong but collapsed consumers. For example, Napster in- real, but it is illusory. its inducement prong. The results of curred billion-dollar liability because In theory, a rule that immunizes in- these cases prove this point: Napster it controlled computers housing a ducement still permits enforcement imposed liability upon a distributor of search index that located infringing against those induced to infringe. At copying devices who controlled infring- files. Programs like Kazaa avoid first, this remedy seems viable because ing users; Grokster did not impose li- Napster’s ‘‘control’’ by moving their copyrights have traditionally been en- ability upon distributors who appeared search indices onto computers owned forced in lawsuits against direct in- to induce and profit from users’ in- by unsuspecting consumers. Consumers fringers who actually make infringing fringement. were never warned about the risks of copies of works. A secondary-liability rule that pun- housing these indices. As a result, But a fallacy lurks here: The ‘‘direct ishes control and immunizes induce- many consumers, universities, and infringers’’ at issue are not the tradi- ment is a public policy disaster. It businesses now control computers that tional targets for copyright enforce- seems to permit the distribution of ‘‘pi- house ‘‘mini-Napsters’’—parts of a ment. In fact, they are children and racy machines’’ designed to make in- search index much like the one that de- consumers: They are the hundreds of fringement easy, tempting, and auto- stroyed Napster. These indices could millions of Americans—toddlers to sen- matic. Even Harvard’s Berkman Center still impose devastating liability upon iors—who use and enjoy the creative for Internet and society suggests that anyone who ‘‘controls’’ a computer works that copyrights have helped cre- this is happening. The Center warns housing them. A secondary-liability ate. that ‘‘it can be extremely difficult for rule that punishes only control thus re- There is no precedent for shifting a non-expert computer user to shut wards Kazaa for shifting huge risks copyright enforcement toward the end-

VerDate May 21 2004 05:12 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.077 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7191 users of works. For nearly 200 years, ment: Everyone else was doing it, so students to ‘‘do the dirty work’’ of copyright law has been nearly invisible why not me? Anyone who has talked to committing illegal or criminal acts. to the millions who used and enjoyed young people about filesharing has These rings then thwart deterrence and creative works. Copyright law was in- heard such rationalizations time and condemn attempts to enforce the law. visible to consumers because the law again. These rings may now use profits de- gave creators and distributors mutual And forcing artists to ignore inducers rived from rampant criminality to ex- incentives to negotiate the agreements and sue the induced locks artists into a tort their way into the legal Internet that ensured that works reached con- war of attrition that they are unlikely distribution market—a market critical sumers in forms that were safe to use to win. If you imagine inducement as a to the future of our artists and chil- in foreseeable ways. Now, those incen- bush, this ‘‘remedy’’ forces artists to dren. tives are collapsing. As a result, artists spend their money to sever each leaf— This must stop—and stop now. Art- must now waive their rights or sue while the inducer makes money by wa- ists have tried: They targeted for-profit consumers—their fans. tering the root. Artists may not be inducers. But artists were thwarted by Worse yet, artists must sue their fans able to sustain this unending battle. a court ruling that held, in effect, that for the sin of misusing devices designed This may let inducers attempt an ex- although artists can sue exploited chil- to be easy and tempting to misuse. tortionate form of ‘‘outsourcing.’’ In- dren and families into bankruptcy, That is unfair: When inducement is the ducers can increase or decrease their courts need ‘‘additional legislative disease, infringement can be seen as devices propensity to encourage piracy. guidance’’ to decide whether artists just a symptom. Yet artists must ig- Inducers can thus tell American artists can, instead, sue the corporations that nore inducers who profit by chanting, that if the artists pay the inducers to profit by inducing children to break ‘‘Hey, kids, infringement is cool, and become licensed distributors of their the law. I find this assertion wholly in- we will help you get away with it.’’ In- works, perhaps fewer bad things will consistent with the intent of both Con- stead, artists can only sue kids who happen. Implicitly, if artists do not gress and the Supreme Court. But until succumb to this temptation. They pay, perhaps more bad things will hap- this fundamentally flawed ruling is must leave Fagin to his work—and sue pen. Were artists to succumb to such overruled by legislation or higher Oliver Twist. tactics, jobs and revenues created by courts, artists cannot hold inducers This sue-Oliver ‘‘remedy’’ is a deba- the demand for American creative liable for their actions. cle. For example, immunizing induce- works would go overseas to some unsa- Fortunately, Congress has charged ment ensures that artists will have to vory locales. the Department of Justice to enforce sue their fans: Inducers will have both Worst of all, inducers will inevitably the Criminal Code. In the Criminal the incentive and the means to thwart target children. Children would be eas- Code, Congress made it a Federal crime less extreme measures, like edu- ily induced to violate complex laws to willfully infringe copyrights or to cational campaigns. For example, like the Copyright Act. Any child is a distribute obscene pornography or RIAA tried to avoid lawsuits against terrible enforcement target. And be- child pornography. Congress also made filesharers by sending educational in- cause most adults never induce chil- it a crime to induce anyone—child or stant messages to infringers. Kazaa, for dren to break laws, children induced to adult—to commit any Federal crime. ‘‘privacy’’ reasons, disabled instant infringe copyrights would not even be Indeed, Congress codified many forms messaging by default in the next ‘‘bad kids.’’ Indeed, they would prob- of criminal secondary liability in the version of its software. Lawsuits then ably be smart, mostly law-abiding Criminal Code. I have already quoted followed. young people with bright futures. Inno- its first sentence. Here is its second: And imagine the poor parent who cent, mostly law-abiding children ‘‘Whoever willfully causes an act to be tries to tell a teenager that free make the worst enforcement targets— done which if directly performed by downloading of copyrighted music is il- and thus the best ‘‘human shields’’ to him or another would be an offense legal. The teenager, confused because protect an inducer’s business model. against the United States, is punish- ‘‘everyone is doing it,’’ consults a lead- This threat to children is real. able as a principal.’’ One court has said ing technology-news site promising a Today, artists are suing high-volume that this ensures that ‘‘[a] crime may ‘‘trusted source of information for mil- filesharers who cannot be identified be performed through an innocent lions of technology consumers.’’ There, until late in the process. One filesharer dupe, with the essential element of the teenager finds a P2P distributor sued for violating federal law over 800 criminal intent residing in another per- promoting ‘‘Morpheus 4.0, the only times turned out to be a 12-year-old fe- son.’’ Not coincidentally, some Federal American filesharing software ruled male honor student. This otherwise prosecutors worry that P2P software legal by a U.S. federal court.’’ This law-abiding young girl and her family makes infringement so tempting, easy statement is false: Grokster did not then faced ruin by the girl’s favorite and automatic that many of its users rule Morpheus ‘‘legal’’; in fact, the case artists. The public knew that some- will lack criminal intent. Perhaps—but only confirmed that downloading copy- thing was wrong, and it was outraged. their relative innocence will not pro- righted works is illegal. Below this So the people who gave that girl an tect their inducers. misinformation, the teenager will find easily misused toy—and profited from The Criminal Code also codifies other an independent editorial review rating her misuse of it—exploited public out- forms of secondary liability, like this Morpheus 4.0 as a ‘‘Recommended’’ rage with crocodile tears about the tac- one: download and ‘‘an excellent choice’’ for tics of ‘‘Big Music.’’ And then, I imag- If two or more persons conspire to injure, those seeking ‘‘the latest and great- ine, they laughed all the way to the oppress, threaten any person in any State est.’’ Who will the teenager believe? bank. . . . in the free exercise or enjoyment of any Worse yet, if artists must sue only The Supreme Court could not have right or privilege secured to him by the Con- the induced, they just feed the con- intended to force artists to sue chil- stitution or the laws of the United States, tempt for copyrights that inducers dren in order to reduce the profits that . . . [t]hey shall be fined under this title or breed. Inducers know that people in- adults can derive by encouraging chil- imprisoned not more than ten years, or both. duced to break a law become that law’s dren to break the law. No one would in- ... enemies: Once you break a law, you tend that. Yet it seems to be hap- These examples of laws imposing sec- must either admit wrongdoing or ra- pening. ondary criminal liability have some- tionalize your conduct. Rationalization These are the inevitable results of a thing in common: Congress codified no is often so easy. You can blame the secondary-liability rule that immu- exceptions for ‘‘substantial non-crimi- law: Copyright is a stupid law need- nizes inducement. This ‘‘rule’’ has cre- nal uses.’’ The message is clear: Those lessly enshrined in the Constitution by ated the largest global piracy rings in who induce others to commit crimes naives like James Madison. You can history. These rings now create billions cannot avoid prison by showing that blame the victim: Some rock stars still of infringing copies of works, and reap some of them resisted. I will work with make money; I do not like the ‘‘busi- millions in profits for leaders who insu- my colleagues in Congress to ensure ness model’’ of the record labels. You late themselves from direct involve- that the Department of Justice en- can blame the randomness of enforcement in crime by inducing children and forces the Federal laws that prevent

VerDate May 21 2004 05:12 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.080 S22PT1 S7192 CONGRESSIONAL RECORD — SENATE June 22, 2004 anyone from inducing violations of any can be misused for unlawful purposes. tips of many Vermonters. Of course, we Federal law by our citizens, our stu- In particular, I would like to thank the must work to ensure that everyone can dents, or our children. Business Software Alliance for its in- reap the benefits of the digital age, and Congress, too, must do its part by en- valuable assistance in crafting a bill I am striving both here in Washington acting the Inducing Infringement of that protects existing legitimate tech- and in my state to do what is necessary Copyrights Act, S. 2560. This bill will nologies and future innovation in all to bring affordable and reliable Inter- protect American artists, children and technologies—including peer-to-peer net access to every household. taxpayers by restoring the privately networking. I am confident that, with continued funded civil remedy crippled by the Senator LEAHY and I look forward to focus and perseverance, the day of uni- Grokster ruling. Congress must act: A working with all affected parties to versal access is coming and we will all Federal court has held that artists can enact this bill and restore the balance take part in the many advantages of only enforce their rights by suing ex- and private enforcement that Sony en- the digital age. But there are other ploited children and students pending visioned. But until Congress can enact problems that require immediate at- ‘‘additional legislative guidance’’ the Inducing Infringement of Copy- tention, because they threaten the de- about whether artists can, instead, sue rights Act, the duty and authority to velopment of the web. We will never be the corporations that profit by induc- stop inducement that targets children able to make the Internet an entirely ing children to break laws and commit and students resides in the Department trouble-free zone, but we will also never be justified in failing to make ef- crimes. Silence could be misinterpreted of Justice that Congress has charged to as support for those who profit by cor- forts to defend and improve it. protect artists, commerce, citizens and One important effort to improve it is rupting and endangering others. This children. The Department must act the bill that I am proud to introduce bill will restore the tried, privately now to clarify some simple facts: today—along with Senators HATCH, funded civil enforcement actions long America has never legalized the ‘‘busi- DASCHLE, FRIST, BOXER, and GRAHAM of used to enforce copyrights. ness model’’ of Fagin and Bill Sykes. South Carolina—the ‘‘Inducing In- This bill will also preserve the Sony Modern ChildCatchers cannot lawfully ruling without reversing, abrogating or fringement of Copyright Act of 2004.’’ profit by luring children into crime The ‘‘Inducing Infringement of Copy- limiting it. The Inducement Act will with false promises of ‘‘free music.’’ right Act of 2004’’ is a straightforward simply import and adapt the Patent Mr. President, I urge all of my col- bill. Our legislation treats those who Act’s concept of ‘‘active inducement’’ leagues to support S. 2560, the Inducing induce others to violate copyrights as in order to cover cases of intentional Infringement of Copyrights Act. infringers themselves. This is not a inducement that were explicitly not at I ask unanimous consent that the novel concept; it is the codification of issue in Sony. The Inducement Act also text of the bill be printed in the a long-standing principle of intellec- preserves the Section 512 safe harbors RECORD. tual property law: that infringement li- for Internet service providers. S. 2560 ability reaches not only direct infring- The bill also contains a savings Be it enacted by the Senate and House of Rep- ers but also those who intentionally in- clause to ensure that it provides the resentatives of the United States of America in duce illegal infringement. And while ‘‘guidance’’ courts have requested—not Congress assembled, the legal principle is an old one, the an iron-clad rule of decision for all pos- SECTION 1. SHORT TITLE. problems of inducement for copyright sible future cases. This flexibility is This Act may be cited as the ‘‘Inducing In- are a relatively new byproducts of the critical because just as infringement fringement of Copyrights Act of 2004’’. digital age—an age in which it is easy, cases are fact specific, so should in- SEC. 2. INTENTIONAL INDUCEMENT OF COPY- and often profitable, to induce others ducement cases center on the facts of a RIGHT INFRINGEMENT. to violate copyrights through illegal given case, with courts endowed with Section 501 of title 17, United States Code, downloading from the Internet. the flexibility to impose just results. is amended by adding at the end the fol- The principle at the heart of this lowing: This bill does not purport to resolve or bill—secondary copyright liability— affect existing disagreements about ‘‘(g)(1) In this subsection, the term ‘intentionally induces’ means intentionally aids, has long been in the common law. In when copies made and used within an abets, induces, or procures, and intent may fact, such secondary liability is pro- individual’s home environment are per- be shown by acts from which a reasonable vided for by statute in the patent law. missible and when they are infringing. person would find intent to induce infringe- The patent code provides liability for Rather, this bill is about the inten- ment based upon all relevant information inducing infringement and for the sale tional inducement of global distribu- about such acts then reasonably available to of material components of patented tion of billions of infringing copies of the actor, including whether the activity re- machines, when the components are works at the prodding and instigation lies on infringement for its commercial via- not a staple article of commerce suit- bility. of sophisticated corporations that ap- able for substantial non-infringing use. pear to want to profit from piracy, ‘‘(2) Whoever intentionally induces any violation identified in subsection (a) shall be This is because it has long been rel- know better than to break the law liable as an infringer. atively simple and economically themselves, and try to shield them- ‘‘(3) Nothing in this subsection shall en- worthwhile to induce patent infringe- selves from secondary liability by in- large or diminish the doctrines of vicarious ment. By contrast, until recently the ducing others to infringe and then dis- and contributory liability for copyright inability to illegally download music, claiming control over those individ- fringement or require any court to unjustly books, software, and films has not ex- uals. withhold or impose any secondary liability isted. Recent developments, however, for copyright infringement.’’. I also want to thank everyone who now make it necessary for Congress to has worked with us to craft a bill that Mr. LEAHY. Mr. President, nobody clarify that this principle also applies addresses this serious threat to chil- can deny that the digital age has to copyrights. dren and copyrights without unduly brought many benefits and many chal- What the inducement bill does not do burdening companies that engage in lenges to all of us. is just as important as what it does: It lawful commerce in the wide range of In my home state of Vermont, the does not target technology. Useful leg- devices and programs that can copy Internet has revolutionized how we islation on this topic must address the digital files. As Sony illustrates, clear work and how we learn: Distance learn- copyright issue and not demonize cer- knowledge that a copying device can be ing brings the best teaching tools right tain software. As a practical matter, if used to infringe does not provide evi- into rural communities, and new busi- a law is targeted at certain software, dence of intent to induce infringement. ness models let Vermont businesses the designers will simply design around It was critical to find a way to nar- reach new and far-flung customers. As the law and render it useless. And as a rowly identify the rare bad actors suppliers who use the Internet, we matter of effectiveness, if the law ad- without implicating the vast majority enjoy access to a range of goods and dresses only well-understood present of companies that serve both con- services unimagined when I was grow- threats, it will necessarily be too nar- sumers and copyright-holders by pro- ing up, and the vast panoply of infor- row to encompass future technologies viding digital copying devices—even mation and entertainment offerings on that may pose the same threat to copy- though these devices, like all devices, the World Wide Web are at the finger- rights. A law that deals simply with

VerDate May 21 2004 05:12 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.082 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7193 the copyrights—and their violation—is as I see the ‘‘For Sale’’ and ‘‘For Rent’’ SUBMITTED RESOLUTIONS far less likely to be circumvented or signs everywhere. The once vibrant out-dated before it can do any good. It music community is being decimated will be both broad enough and suffi- by online piracy. No one is spared. It is SENATE RESOLUTION 387—COM- MEMORATING THE 40TH ANNI- ciently flexible to accommodate situa- hitting artists, writers, record compa- VERSARY OF THE WILDERNESS tions we cannot foresee. nies, performing rights organizations, This legislation is also carefully ACT and publishers. crafted to preserve the doctrine of ‘‘fair Mr. FEINGOLD (for himself, Mr. use.’’ Indeed by targeting the illegal Every month 2.6 billion music files SUNUNU, Mr. HAGEL, Mr. DURBIN, Mrs. conduct of those who have hijacked are illegally downloaded using peer-to- BOXER, Mr. MCCAIN, Mrs. MURRAY, Mr. promising technologies, we can hope peer networks, and it is not unusual for LUGAR, Mr. WARNER, Mr. CHAFEE, Ms. that consumers in the future have albums to show up on the Internet be- SNOWE, and Ms. COLLINS) submitted the more outlets to purchase creative fore they make it to the record store. following resolution; which was re- works in a convenient, portable digital The effect of this theft of intellectual ferred to the Committee on Energy and format. Similarly, the bill will con- property is disastrous to the creative Natural Resources: tinue to promote the development of industry. In the end, rampant piracy S. RES. 387 new technologies as it will not impose dries up income and drives away pro- Whereas September 3, 2004, will mark the liability on the manufacturers of copy- fessional musicians. We get fewer art- 40th Anniversary of the enactment of the ing technology merely because the pos- ists and less music. Wilderness Act (16 U.S.C. 1131 et seq.), which sibility exists for abuse. Finally, the gave to the people of the United States an bill will not affect Internet service pro- Online piracy affects more than just enduring resource of natural heritage as part viders who comply with the safe harbor the music industry. It affects a broad of the National Wilderness Preservation Sys- provisions of the Digital Millennium swath of the creative field, including tem; Copyright Act. the movie and software industries. Whereas great American writers such as Copyright law protecting intellectual Music, movies, books, and software Ralph Waldo Emerson, Henry David Tho- reau, George Perkins Marsh, and John Muir property is one of the taproots of our contribute well over half a trillion dol- economy and of our creativity as a na- joined poets like William Cullen Bryant, and lars to the U.S. economy each year and painters such as Thomas Cole, Frederic tion. For copyright law to work as the support 4.7 million workers. When our Church, Frederic Remington, Albert Founders intended, it needs effective copyright laws are blatantly ignored or Bierstadt, and Thomas Moran to define the enforcement. That means adapting en- threatened, an enormous sector of our United States’ distinct cultural value of wild forcement tools to meet new chal- economy and creative culture is nature and unique concept of wilderness; Whereas national leaders such as President lenges, in the digital age or in any age. threatened. And that is the straightforward pur- Theodore Roosevelt reveled in outdoor purpose of this bill. The intent of the anti-piracy bill suits and sought diligently to preserve those I would like to take a moment also being introduced today is simple. It opportunities for molding individual char- to emphasize another important, if ob- holds liable those who intentionally in- acter, shaping a nation’s destiny, striving for vious, point about this bill that some balance, and ensuring the wisest use of nat- duce others to commit illegal acts of ural resources, to provide the greatest good detractors have ignored. The law only copyright infringement. In other for the greatest many; penalizes those who intentionally in- words, it targets the bad actors who Whereas luminaries in the conservation duce others to infringe copyrights. are encouraging others to steal. In ad- movement, such as scientist Aldo Leopold, Thus, the makers of electronic equip- dition, the general cause of action in forester Bob Marshall, writer Howard ment, the software vendors who sell this bill is not new or revolutionary. It Zahniser, teacher Sigurd Olson, biologists email and other programs, the Internet Olaus and Adolph Murie, and conservationist is based on the theory of secondary li- David Brower believed that the people of the service providers who facilitate access ability that is found squarely in our to the Web—all of these entities have United States could have the boldness to Nation’s laws. project into the eternity of the future some nothing to fear from this bill. So long This bill should not and does not of the wilderness that has come from the as they do not conduct their businesses eternity of the past; with the intention of inducing others threaten in any manner the further ad- Whereas Senator Hubert H. Humphrey, a to break the law—and I certainly have vancement of technology. It is not a Democrat from Minnesota, and Representa- not heard from anyone who makes that technology mandate. Only individuals tive John Saylor, a Republican from Penn- claim—they should rest easy. The only or organizations which profit from in- sylvania, originally introduced the legisla- actors who have anything to fear are tentionally encouraging others to vio- tion with strong bipartisan support in both those that are already breaking the late our copyright laws should fear this bodies of Congress; law; this bill simply clarifies and codi- legislation. It has been carefully craft- Whereas with the help of their colleagues, including cosponsors Gaylord Nelson, Wil- fies that long-standing doctrine of sec- ed and will be thoroughly reviewed to liam Proxmire, and Henry ‘‘Scoop’’ M. Jack- ondary liability. ensure that its language accurately re- son, and other conservation allies, including The ‘‘Inducing Infringement of Copy- flects its sound intent. Secretary of Interior Stewart L. Udall and right Act of 2004’’ is a simple fix to a Representative Morris K. Udall, Senator growing problem. The bill protects the The future of the music community Humphrey and Representative Saylor toiled rights inherent in creative works, is with advancing technology, and I en- 8 years to secure nearly unanimous passage while helping to ensure that those courage those in the music field to con- of the legislation, 78 to 8 in the Senate, and same works can be easily distributed in tinue to offer innovative choices to 373 to 1 in the House of Representatives; digital format. consumers. It is important to recog- Whereas critical support in the Senate for Mr. FRIST. Mr. President, I rise in nize, however, that no one in the music the Wilderness Act came from 3 Senators support of the Inducing Infringement industry or any other intellectual who still serve in the Senate as of 2004: Sen- ator Robert C. Byrd, Senator Daniel Inouye, of Copyrights Act of 2004 introduced property field can survive when his or and Senator Edward M. Kennedy; today by Senators HATCH and LEAHY. I her work is being stolen. Those who are Whereas President John F. Kennedy, who am proud to be an original cosponsor. intentionally and actively encouraging came into office in 1961 with enactment of The Inducement Act addresses the this theft should be held accountable. wilderness legislation part of his administra- growing problem of online piracy—the tion’s agenda, was assassinated before he illegal downloading of copyrighted I would like to thank Senator HATCH could sign a bill into law; music. Piracy is devastating the music for his hard work on this bill and his Whereas 4 wilderness champions, Aldo community and threatening other dedication to this issue. I would also Leopold, Olaus Murie, Bob Marshall, and forms of copyrighted work. This com- like to thank Senator LEAHY for his Howard Zahniser, sadly, also passed away before seeing the fruits of their labors ratified monsense, bipartisan legislation takes work. This is truly a bipartisan issue, and I look forward to working with by Congress and sent to the President; important steps in protecting our Na- Whereas President Lyndon B. Johnson tion’s intellectual property. Members on both sides of the aisle to signed into law the Wilderness Act in the When I return home to Nashville and ensure that our intellectual property Rose Garden on September 3, 1964, estab- drive down Music Row, my heart sinks laws are respected and enforced. lishing a system of wilderness heritage as

VerDate May 21 2004 05:12 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.087 S22PT1 S7194 CONGRESSIONAL RECORD — SENATE June 22, 2004 President Kennedy and the conservation sponsored by Senator CLINTON ANDER- rently devoting his time to the protec- community had so ardently envisioned and SON of New Mexico, passed the Senate tion of wilderness by serving as a coun- eloquently articulated; by a vote of 73–12 on April 9, 1963, and selor to the Wilderness Society—an ac- Whereas now, as a consequence of wide passed the House of Representatives by tivity which is quite appropriate for popular support, the people of the United States have a system of places wild and free a vote of 373–1 on July 30, 1964. The Wil- someone who was also a co-sponsor, for the permanent good of the whole people derness Act of 1964 established a Na- along with former Senator Proxmire, of this great Nation; tional Wilderness Preservation System of the bill that became the Wilderness Whereas over the past 40 years the system ‘‘to secure for the American people of Act. for protecting an enduring resource of wil- present and future generations the ben- The testimony at congressional hear- derness has been built upon by subsequent efits of an enduring resource of wilder- ings and the discussion of the bill in Presidents, successive leaders of Congress, ness.’’ The law gives Congress the au- the press of the day reveals Wisconsin’s and experts in the land managing agencies thority to designate wilderness areas, crucial role in the long and continuing within the Departments of the Interior and American debate about our wild places, Agriculture; and directs the Federal land manage- Whereas today that system is 10 times ment agencies to review the lands and in the development of the Wilder- larger than when first established; under their responsibility for their wil- ness Act. The names and ideas of John Whereas the Wilderness Act instituted an derness potential. Muir, Sigurd Olson, and, especially, unambiguous national policy to recognize Under the Wilderness Act, wilderness Aldo Leopold, appear time and time the natural heritage of the United States as is defined as ‘‘an area of undeveloped again in the legislative history. a resource of value and to protect that wil- Federal land retaining its primeval Senator CLINTON ANDERSON of New derness for future generations to use and character and influence which gen- Mexico, chairman of what was then enjoy as previous and current generations erally appears to have been affected called the Committee on Interior and have had the opportunity to do; Whereas since 1964, when the first 9,000,000 primarily by the forces of nature, with Insular Affairs, stated that his support acres of wilderness were included by Con- the imprint of man’s work substan- of the wilderness system was the direct gress, more than 110 additional laws have tially unnoticeable.’’ The creation of a result of discussions he had held al- been passed to build the National Wilderness national wilderness system marked an most forty years before with Leopold, Preservation System to its current size of innovation in the American conserva- who was then in the Southwest with 106,000,000 acres; tion movement—wilderness would be a the Forest Service. It was Leopold who, Whereas wild places protected in per- place where our ‘‘management strat- while with the Forest Service, advo- petuity can currently be found and enjoyed egy’’ would be to leave lands essen- cated the creation of a primitive area in 44 of the Nation’s 50 States; Whereas this wealth of the heritage of the tially undeveloped. in the Gila National Forest in New United States can be seen today from Alaska The original Wilderness Act estab- Mexico in 1923. The Gila Primitive to Florida in over 650 units, from Fire Island lished 9.1 million acres of Forest Serv- Area formally became part of the wil- in New York’s Long Island South Shore and ice land in 54 wilderness areas. Now, derness system when the Wilderness Ohio’s West Sister Island in Lake Erie, to far after passage of 102 pieces of legisla- Act became law. larger Mojave in eastern California and Ida- tion, the wilderness system is com- In a statement in favor of the Wilder- ho’s River of No Return; prised of over 104 million acres in 625 ness Act in the New York Times, then- Whereas President Gerald R. Ford stated wilderness areas, across 44 States, and Secretary of the Interior Stewart Udall that the National Wilderness Preservation discussed ecology and what he called System ‘‘serves a basic need of all Ameri- administered by four federal agencies: cans, even those who may never visit a wil- the Forest Service in the U.S. Depart- ‘‘a land ethic’’ and referred to Leopold derness area—the preservation of a vital element of Agriculture, and the Bureau of as the instigator of the modern wilder- ment of our natural heritage’’ and that, Land Management, the Fish and Wild- ness movement. At a Senate hearing in ‘‘wilderness preservation ensures that a cen- life Service, and the National Park 1961, David Brower of the Sierra Club tral facet of our Nation can still be realized, Service in the Department of the Inte- went so far as to claim that ‘‘no man not just remembered’’; and rior. who reads Leopold with an open mind Whereas President Gerald R. Ford has As we in this body know well, the will ever again, with a clear con- joined with President Jimmy Carter and passage and enactment of the Wilder- science, be able to step up and testify more than 100 other prominent United States citizens as honored members of Americans ness Act was a remarkable accomplish- against the wilderness bill.’’ For oth- for Wilderness, a committee formed to cele- ment that required steady, bipartisan ers, the ideas of Olson and Muir—par- brate this national achievement: Now, there- commitment, institutional support, ticularly the idea that preserving wil- fore, be it and strong leadership. The United derness is a way for us to better under- Resolved, That the Senate— States Senate was instrumental in stand our country’s history and the (1) commemorates the 40th Anniversary of shaping this very important law, and frontier experience—provided a jus- the Wilderness Act (16 U.S.C. 1131 et seq.); this anniversary gives us the oppor- tification for the wilderness system. (2) recognizes and applauds the extraor- tunity to recognize this role. In closing, I would like to remind col- dinary work of the individuals and organiza- As a Senator from Wisconsin, I feel a leagues of the words of Aldo Leopold in tions involved in building the National Wil- derness Preservation System; and special bond with this issue. The con- his 1949 book, A Sand County Almanac. (3) is grateful for the tremendous asset the cept of wilderness is inextricably He said, ‘‘The outstanding scientific United States has been able to pass along as linked with Wisconsin. Wisconsin has discovery of the twentieth century is a gift to future people of the United States. produced great wilderness thinkers and not the television, or radio, but rather Mr. FEINGOLD. Mr. President, as leaders in the wilderness movement the complexity of the land organism. founder of the Senate Wilderness Cau- such as Senator Gaylord Nelson and Only those who know the most about it cus, I am submitting a Senate resolu- the writer and conservationist Aldo can appreciate how little is known tion today to commemorate the 40th Leopold, whose A Sand County Alma- about it.’’ We still have much to learn, anniversary of the Wilderness Act of nac helped to galvanize the environ- but this anniversary of the Wilderness 1964, which was signed into law on Sep- mental movement. Also notable is Si- Act reminds us how far we have come tember 3, 1964, by President Lyndon B. erra Club founder John Muir, whose and how the commitment to public Johnson. I thank the following col- birthday is the day before Earth Day. lands that the Senate and the Congress leagues for their support as cosponsors: Wisconsin also produced Sigurd Olson, demonstrated forty years ago con- Senator SUNUNU, Senator HAGEL, Sen- one of the founders of the Wilderness tinues to benefit all Americans. ator DURBIN, Senator BOXER, Senator Society. Mr. WARNER. Mr. President, I am MCCAIN, Senator MURRAY, Senator I am privileged to hold the Senate pleased to join my colleagues in co- LUGAR, Senator WARNER, Senator seat held by Gaylord Nelson, a man for sponsoring this resolution to honor and CHAFEE, Senator SNOWE, and Senator whom I have the greatest admiration celebrate the 40th Anniversary of the COLLINS. and respect. Though he is a well-known Wilderness Act, and the contributions The Wilderness Act became law seven and widely respected former Senator of those who have created a glorious years after the first wilderness bill was and former two-term Governor of Wis- wilderness system throughout the introduced by Senator Hubert H. Hum- consin, and the founder of Earth Day, United States for all Americans to phrey of Minnesota. The final bill, some may not be aware that he is cur- enjoy.

VerDate May 21 2004 05:12 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.070 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7195 This anniversary provides a time for Whereas in 1863, the Commonwealth ac- SA 3467. Mr. ENSIGN proposed an amend- personal reflection on what wild places cepted a grant of land provided through such ment to amendment SA 3315 proposed by Ms. mean to us as individuals and society Act, establishing one of the first two land- LANDRIEU to the bill S. 2400, supra. SA 3468. Mr. DASCHLE (for himself, Mr. as a whole. As I consider the fact that grant institutions in the United States, and DORGAN, Mrs. MURRAY, Mr. NELSON, of Flor- this July 4 our country will celebrate designated the Farmers’ High School, renamed the Agricultural College of Pennsyl- ida, Mr. KERRY, Mr. REID, Mr. LAUTENBERG, her 228th year of independence, I mar- vania, as the Commonwealth’s sole land- Mr. ROCKEFELLER, Mrs. BOXER, and Mr. DAY- vel at the great changes she has seen. grant institution; TON) proposed an amendment to amendment America has seen wars, the Industrial Whereas in 1874, the Agricultural College SA 3409 proposed by Mr. DASCHLE to the bill Revolution, the Great Depression, the of Pennsylvania was renamed The Pennsyl- S. 2400, supra. Technology Age, times of prosperity vania State College and in 1953, such was re- SA 3469. Mr. REID proposed an amendment and times of challenge. With all of named The Pennsylvania State University; to amendment SA 3387 proposed by Mr. LEAHY to the bill S. 2400, supra. these changes, much of America’s land- Whereas with a current enrollment of 83,000, The Pennsylvania State University SA 3470. Mr. NELSON of Florida submitted scape has been transformed. an amendment intended to be proposed to consists of 11 academic schools, 20 additional I also think back to America as I amendment SA 3315 proposed by Ms. campuses located throughout the Common- knew her as a child and how she has LANDRIEU to the bill S. 2400, supra; which wealth, the College of Medicine, The Dickin- rapidly grown and changed during my was ordered to lie on the table. son School of Law, and The Pennsylvania SA 3471. Mr. WARNER proposed an amend- 77 years. I feel indebted to those whose College of Technology; foresight resulted in the Wilderness ment to the bill S. 2400, supra. Whereas 1 in every 8 Pennsylvanians with SA 3472. Mr. McCONNELL submitted an Act legislation, and whose tireless ef- a college degree, 1 in every 720 Americans, 1 amendment intended to be proposed by him forts saw this act signed into law. In in every 50 engineers, and 1 in every 4 mete- to the bill S. 2400, supra; which was ordered addition, I recognize all those who have orologists are alumni of The Pennsylvania to lie on the table. championed the expansion of the wil- State University; SA 3473. Mr. FRIST (for Mrs. FEINSTEIN) derness system which now encompasses Whereas formed in 1870, The Pennsylvania proposed an amendment to the joint resolu- 106,000,000 acres nationwide. State University Alumni Association is the tion S.J. Res. 33, expressing support for free- During my 26 years in the U.S. Sen- largest dues-paying alumni association in dom in Hong Kong. the nation; ate, I have worked to pass three Vir- f Whereas The Pennsylvania State Univer- ginia wilderness bills through Con- sity has the largest outreach effort in United TEXT OF AMENDMENTS gress. In fact, I recently introduced the States higher education, delivering programs Virginia Ridge and Valley Wilderness SA 3464. Mr. BROWNBACK proposed to learners in 87 countries and all 50 States; an amendment to amendment SA 3235 and National Scenic Areas Act of 2004 Whereas The Pennsylvania State Univer- which, if passed, would create an addi- sity consistently ranks in the top 3 univer- proposed by Mr. BROWNBACK to the bill tional 29,000 acres of wilderness in sities in terms of SAT scores received from S. 2400, to authorize appropriations for southwest Virginia. With 177,214 acres high school seniors; fiscal year 2005 for military activities of wilderness, Virginia’s wild and beau- Whereas The Pennsylvania State Univer- of the Department of Defense, for mili- tiful landscapes will remain untouched sity annually hosts the largest student-run tary construction, and for defense ac- by civilization. Visitors from across philanthropic event in the world, which ben- tivities of the Department of Energy, efits the Four Diamonds Fund for families to prescribe personnel strengths for America can experience Virginia’s wil- with children being treated for cancer; derness and enjoy great beauty, soli- such fiscal year for the Armed Serv- Whereas the missions of instruction, re- ices, and for other purposes; as follows: tude, primitive recreation, and nature search, outreach and extension continue to in its true form. be the focus of The Pennsylvania State Uni- Strike page 1 line 2 through page 3 line 3 I feel very strongly that the Wilder- versity; and insert the following: ness Act is a vehicle whereby we can Whereas The Pennsylvania State Univer- SEC.ll. BROADCAST DECENCY ENFORCE- pay tribute to our great country by sity is renown for the following: the re- MENT ACT OF 2004. chargeable heart pacemaker design, the (a) SHORT TITLE.—This section may be preserving some of her heritage and cited as the ‘‘Broadcast Decency Enforce- heart-assist pump design, 4 astronauts to history. Though development, growth ment Act of 2004’’. have flown in space including the first Afri- and change continue, we will have (b) INCREASE IN PENALTIES FOR OBSCENE, can-American, and the first institution to INDECENT, AND PROFANE BROADCASTS.—Sec- pockets of undisturbed lands for soli- offer an Agriculture degree; and tude, reflection, and recreation. In tion 503(b)(2) of the Communications Act of Whereas The Pennsylvania State Univer- 1934 (47 U.S.C. 503(b)(2)) is amended— these areas we can keep America’s nat- sity is one of the most highly regarded re- ural diversity, wildlife habitats, and (1) by redesignating subparagraphs (C) and search universities in the nation, with an (D) as subparagraphs (D) and (E), respec- vegetation intact. Through the efforts, outreach extension program that reaches tively; passion, and vision of many, we will nearly 1 out of 2 Pennsylvanians a year and (2) by inserting after subparagraph (B) the leave a natural legacy of wildlands to an undergraduate school of immense scope following new subparagraph: future generations of America. and popularity: Now, therefore, be it ‘‘(C) Notwithstanding subparagraph (A), if Resolved, That the Senate commemorates the violator is— the 150th anniversary of the founding of The ‘‘(i)(I) a broadcast station licensee or per- SENATE RESOLUTION 388—COM- Pennsylvania State University and con- MEMORATING THE 150TH ANNI- mittee; or gratulates its faculty, staff, students, alum- ‘‘(II) an applicant for any broadcast li- VERSARY OF THE FOUNDING OF ni, and friends on the occasion. cense, permit, certificate, or other instru- THE PENNSYLVANIA STATE UNI- f ment or authorization issued by the Commis- VERSITY AMENDMENTS SUBMITTED AND sion; and ‘‘(ii) determined by the Commission under Mr. SANTORUM (for himself and Mr. PROPOSED SPECTER) submitted the following reso- paragraph (1) to have broadcast obscene, in- lution; which was referred to the Com- SA 3464. Mr. BROWNBACK proposed an decent, or profane language, the amount of any forfeiture penalty determined under this mittee on the Judiciary: amendment to amendment SA 3235 proposed by Mr. BROWNBACK to the bill S. 2400, to au- subsection shall not exceed $275,000 for each S. RES. 388 thorize appropriations for fiscal year 2005 for violation or each day of a continuing viola- Whereas in 1854, the Farmers’ High School military activities of the Department of De- tion, except that the amount assessed for was founded in Centre County, Pennsylvania fense, for military construction, and for de- any continuing violation shall not exceed a in response to the State Agricultural Soci- fense activities of the Department of Energy, total of $3,000,000 for any single act or failure ety’s interest in establishing an educational to prescribe personnel strengths for such fis- to act.’’; and institution to bring general education and cal year for the Armed Services, and for (3) in subparagraph (D), as redesignated by modern farming methods to the farmers of other purposes. paragraph (1), by striking ‘‘subparagraph (A) the Commonwealth of Pennsylvania; SA 3465. Mr. REID (for Mr. DORGAN (for or (B)’’ and inserting ‘‘subparagraph (A), (B), Whereas in 1855, the Farmers’ High School himself, Ms. SNOWE, and Ms. CANTWELL)) pro- or (C)’’. was granted a permanent charter by the posed an amendment to amendment SA 3235 (c) EFFECTIVE DATE.—This section shall Pennsylvania General Assembly; proposed by Mr. BROWNBACK to the bill S. take effect 2 days after the date of enact- Whereas the Morrill Land-Grant Act of 2400, supra. ment of this section. 1862 provided for the distribution of grants of SA 3466. Mr. REID (for Mr. HOLLINGS) pro- public lands owned by the Federal Govern- posed an amendment to amendment SA 3235 SA 3465. Mr. REID (for Mr. DORGAN ment to the States for establishing and proposed by Mr. BROWNBACK to the bill S. (for himself, Ms. SNOWE, and Ms. CANT- maintaining institutions of higher learning; 2400, supra. WELL)) proposed an amendment to

VerDate May 21 2004 05:12 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.099 S22PT1 S7196 CONGRESSIONAL RECORD — SENATE June 22, 2004 amendment SA 3235 proposed by Mr. works (Viacom/CBS, Disney/ABC, News SEC. 202. FINDINGS. BROWNBACK to the bill S. 2400, to au- Corp./Fox or GE/NBC) pre-empting national The Congress makes the following findings: thorize appropriations for fiscal year programming for failing to meet community (1) Television influences children’s percep- standards; tion of the values and behavior that are com- 2005 for military activities of the De- (B) FCC records show that non-network mon and acceptable in society. partment of Defense, for military con- owned stations have often rejected national struction, and for defense activities of network programming found to be indecent (2) Broadcast television, cable television, the Department of Energy, to prescribe and offensive to local community standards; and video programming are— personnel strengths for such fiscal year (C) A letter from an owned and operated (A) uniquely pervasive presences in the for the Armed Services, and for other station manager to a viewer stated that pro- lives of all American children; and gramming decisions are made by network purposes; as follows; (B) readily accessible to all American chil- headquarters and not the local owned and dren. In the amendment, strike all beginning on operated television station management; (3) Violent video programming influences page 1, line 2, through page 3, line three, and (D) The Parents Television Council has insert the following: found that the ‘‘losers’’ of network owner- children, as does indecent programming. SEC. .BROADCAST DECENCY ENFORCEMENT ship ‘‘are the local communities whose (4) There is empirical evidence that chil- ACT OF 2004. standards of decency are being ignored;’’ dren exposed to violent, video programming (a) SHORT TITLE.—This section may be (4) The Senate Commerce Committee has at a young age have a higher tendency to en- cited as the ‘‘Broadcast Decency Enforce- found that the current fines do not deter in- gage in violent and aggressive behavior later ment Act of 2004’’. decent broadcast because they are merely in life than those children not so exposed. (b) PURPOSE.—The purpose of this section the cost of doing business for large media (5) There is empirical evidence that chil- is to increase the FCC’s authority to fine for companies. Therefore, in order to prevent dren exposed to violent video programming indecent broadcasts and prevent further re- the continued rise of indecency violations, have a greater tendency to assume that acts laxation of the media ownership rules in the FCC’s authority for indecency fines of violence are acceptable behavior and order to stem the rise of indecent program- should be increased and further media con- therefore to imitate such behavior. ming. solidation should be prevented. (6) There is empirical evidence that chil- (c) FINDINGS.—The Congress makes the fol- (d) INCREASE IN PENALTIES FOR OBSCENE, dren exposed to violent video programming lowing findings: INDECENT, AND PROFANE BROADCASTS.—sec- have an increased fear of becoming a victim (1) Since 1996 there has been significant tion 503(b)(2) of the Communications Act of of violence, resulting in increased self-pro- consolidation in the media industry, includ- 1934 (47 U.S.C. 503(b)(2)) is amended— ing: (1) by redesignating subparagraphs (C) and tective behaviors and increased mistrust of (A) RADIO.—Clear Channel Communica- (D) as subparagraphs (D) and (E), respec- others. tions went from owning 43 radio stations tively; (7) There is a compelling governmental in- prior to 1996 to over 1200 as of January 2003; (2) by inserting after subparagraph (B) the terest in limiting the negative influences of Cumulus Broadcasting, Inc. was established following new subparagraph: violent video programming on children. in 1997 and owned 266 stations as of December ‘‘(C) Notwithstanding subparagraph (A), if (8) There is a compelling governmental in- 2003, making it the second-largest radio own- the violator is— terest in channeling programming with vio- ership company in the country; and Infinity ‘‘(i)(I) a broadcast station licensee or per- lent content to periods of the day when chil- Broadcasting Corporation went from owning mittee; or dren are not likely to comprise a substantial 43 radio stations prior to 1996 to over 185 sta- ‘‘(II) an applicant for any broadcast li- portion of the television audience. cense, permit, certificate, or other instru- tions as of June 2004; (9) A significant amount of violent pro- (B) TELEVISION.—Viacom/CBS’s national ment or authorization issued by the Commis- sion; and gramming that is readily accessible to mi- ownership of television stations increased nors remains unrated specifically for vio- from 31.53% of U.S. television households ‘‘(ii) determined by the Commission under paragraph (1) to have broadcast obscene, in- lence and therefore cannot be blocked solely prior to 1996 to 38.9% in 2004; GE/NBC’s na- decent, or profane language, the amount of on the basis of its violent content. tional ownership of television stations in- any forfeiture penalty determined under this (10) Age-based ratings that do not include creased from 24.65% prior to 1996 to 33.56% in subsection shall not exceed $275,000 for each content rating for violence do not allow par- 2004; NewsCorp/FOX’s national ownership of violation or each day of a continuing viola- ents to block programming based solely on television stations increased from 22.05% tion, except that the amount assessed for violent content thereby rendering ineffective prior to 1996 to 37.7% in 2004; any continuing violation shall not exceed a any technology-based blocking mechanism (C) MEDIA MERGERS.—In 2000, Viacom total of $3,000,000 for any single act or failure designed to limit violent video program- merged with CBS and UPN; in 2002, GE/NBC to act.’’; and ming. merged with Telemundo Communications, (3) in subparagraph (D), as redesignated by (11) The most recent study of the television Inc. and in 2004 with Vivendi Universal En- paragraph (1), by striking ‘‘subparagraph (A) tertainment; in 2003 News Corp./Fox acquired ratings system by the Kaiser Family Foun- or (B)’’ and inserting ‘‘subparagraph (A), (B), dation concludes that 79 percent of violent a controlling interest in DirecTV; in 2000, or (C)’’. Time Warner, Inc. merged with America On- programming is not specifically rated for vi- (e) NEW BROADCAST MEDIA OWNERSHIP olence. line. RULES SUSPENDED. (1) SUSPENSION.—Subject (2) Over the same period that there has to the provisions of paragrapls (d)(2), the (12) Technology-based solutions, such as been significant consolidation in the media broadcast media ownrship rules adopted by the V-chip, may be helpful in protecting industry the number of indecency com- the Federal Communications Commission on some children, but cannot achieve the complaints also has increased dramatically. The June 2, 2003, pursuant to its proceeding on pelling governmental interest in protecting largest owners of television and radio broad- broadcast media ownership rules, Report and all children from violent programming when cast holdings have received the greatest Order FCC03–127, published at 68 FR 46286, parents are only able to block programming number of indecency complaints and the August 5, 2003, shall be invalid and without that has, in fact, been rated for violence. largest fines, including: legal effect. (13) Restricting the hours when violent (A) Over 80% of the fines proposed by the (2) CLARIFICATION.—The provisions of para- programming can be shown protects the in- Federal Communications Commission for in- graph (1) shall not supersede the amend- terests of children whose parents are un- decent broadcasts were against stations ments made by section 629 of the Miscella- available, unable to supervise their chil- owned by two of the top three radio compa- neous Appropriations and Offsets Act, 2004 dren’s viewing behavior, do not have the ben- nies. The top radio company alone accounts (Public Law 108–199). efit of technology-based solutions, are un- for over two-thirds of the fines proposed by able to afford the costs of technology-based the FCC; SA. 3466. Mr. REID (for Mr. HOL- solutions, or are unable to determine the (B) Two of the largest fines proposed by LINGS) proposed an amendment to content of those shows that are only subject the FCC were against two of the top three amendment SA 3235 proposed by Mr. to age-based ratings. radio companies; (C) In 2004, the FCC received over 500,000 BROWNBACK to the bill S. 2400, to au- (14) After further study, pursuant to a rule indecency complaints in response to the thorize appropriations for fiscal year making, the Federal Communications Com- Superbowl Halftime show aired on CBS and 2005 for military activities of the De- mission may conclude that content-based produced by MTV, both of which are owned partment of Defense, for military con- ratings and blocking technology do not ef- by Viacom. This is the largest number of struction, and for defense activities of fectively protect children from the harm of violent video programming. complaints ever received by the FCC for a the Department of Energy, to prescribe single broadcast; personnel strengths for such fiscal year (15) If the Federal Communications Com- mission reaches the conclusion described in (D) The number of indecency complaints for the Armed Services, and for other increased from 111 in 2000 to 240,350 in 2003; paragraph (14), the channeling of violent (3) Media conglomerates do not consider or purposes; as follows: video programming will be the least restric- reflect local community standards. SEC. 201. SHORT TITLE. tive means of limiting the exposure of chil- (A) The FCC has no record of a television This title may be cited as the ‘‘Children’s dren to the harmful influences of violent station owned by one of the big four net- Protection from Violent Programming Act’’. video programming.

VerDate May 21 2004 06:47 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.074 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7197

SEC. 203. ASSESSMENT OF EFFECTIVENESS OF ‘‘(c) ENFORCEMENT.— by a person under the regulations shall be CURRENT RATING SYSTEM FOR VIO- ‘‘(1) FORFEITURE PENALTY.—The forfeiture equal to the sum of— LENCE AND EFFECTIVENESS OF V- penalties established by section 503(b) for (i) the total amount by which the retired CHIP IN BLOCKING VIOLENT PRO- violations of section 1464 of title 18, United pay of the person would have been reduced GRAMMING. States Code, shall apply to a violation of this before the effective date of the election if the (a) REPORT.—The Federal Communications section, or any regulation promulgated Commission shall— person had elected to participate in the Sur- (1) assess the effectiveness of measures to under it in the same manner as if a violation vivor Benefit Plan (for the same base require television broadcasters and multi- of this section, or such a regulation, were a amount specified in the election) at the first channel video programming distributors (as violation of law subject to a forfeiture pen- opportunity that was afforded the member to defined in section 602(13) of the Communica- alty under that section. participate under chapter 73 of title 10, tions Act of 1934 (47 U.S.C. 522(13)) to rate ‘‘(2) LICENSE REVOCATION.—If a person re- United States Code; and encode programming that could be peatedly violates this section or any regula- (ii) interest on the amounts by which the blocked by parents using the V-chip under- tion promulgated under this section, the retired pay of the person would have been so taken under section 715 of the Communica- Commission shall, after notice and oppor- reduced, computed from the dates on which tions Act of 1934 (47 U.S.C. 715) and under tunity for hearing, revoke any license issued the retired pay would have been so reduced subsections (w) and (x) of section 303 of that to that person under this Act. at such rate or rates and according to such Act (47 U.S.C. 303(w) and (x)) in accom- ‘‘(3) LICENSE RENEWALS.—The Commission methodology as the Secretary of Defense de- plishing the purposes for which they were en- shall consider, among the elements in its re- termines reasonable; and acted; and view of an application for renewal of a li- (iii) any additional amount that the Sec- (2) report its findings to the Committee on cense under this Act, whether the licensee retary determines necessary to protect the Commerce, Science, and Transportation of has complied with this section and the regu- actuarial soundness of the Department of the United States Senate and the Committee lations promulgated under this section. Defense Military Retirement Fund against on Energy and Commerce of the United ‘‘(d) DEFINITIONS.—For purposes of this sec- any increased risk for the fund that is asso- States House of Representatives, within 12 tion— ciated with the election. months after the date of enactment of this ‘‘(1) BLOCKABLE BY ELECTRONIC MEANS.— (B) Premiums paid under the regulations Act, and annually thereafter. The term ‘blockable by electronic means’ shall be credited to the Department of De- (b) ACTION.—If the Commission finds at means blockable by the feature described in fense Military Retirement Fund. section 303(x). any time, as a result of its ongoing assess- (C) In this paragraph, the term ‘‘Depart- ‘‘(2) DISTRIBUTE.—The term ‘distribute’ ment under subsection (a), that the measures ment of Defense Military Retirement Fund’’ means to send, transmit, retransmit, tele- referred to in subsection (a)(1) are insuffi- means the Department of Defense Military cast, broadcast, or cablecast, including by ciently effective, then the Commission shall Retirement Fund established under section wire, microwave, or satellite, but it does not complete a rulemaking within 270 days after 1461(a) of title 10, United States Code. the date on which the Commission makes include the transmission, retransmission, or that finding to prohibit the distribution of receipt of any voice, data, graphics, or video violent video programming during the hours telecommunications accessed through an SA. 3468. Mr. DASCHLE (for himself, when children are reasonably likely to com- interactive computer service as defined in Mr. DORGAN, Mrs. MURRAY, Mr. NELSON prise a substantial portion of the audience. section 230(f)(2) of the Communications Act of Florida, Mr. KERRY, Mr. REID, Mr. (c) DEFINITIONS.—Any term used in this of 1934 (47 U.S.C. 230(f)(2)), which is not origi- LAUTENBERG, Mr. ROCKFELLER, Mrs. section 2 that is defined in section 715 of the nated or transmitted in the ordinary course BOXER, and Mr. DAYTON) proposed an Communications Act of 1934 (47 U.S.C. 715), of business by a television broadcast station amendment to amendment SA 3409 pro- or in regulations under that section, has the or multichannel video programming disposed by Mr. DASCHLE to the bill S. same meaning as when used in that. section tributor as defined in section 602(13) of that or in those regulations. Act (47 U.S.C. 522(13)). 2400, to authorize appropriations for SEC. 204. UNLAWFUL DISTRIBUTION OF VIOLENT ‘‘(3) VIOLENT VIDEO PROGRAMMING.—The fiscal year 2005 for military activities VIDEO PROGRAMMING THAT IS NOT term ‘violent video programming’ as defined of the Department of Defense, for mili- SPECIFICALLY RATED FOR VIO- by the Commission may include matter that tary construction, and for defense ac- LENCE AND THEREFORE IS NOT is excessive or gratuitous violence within the tivities of the Department of Energy, BLOCKABLE. meaning of the 1992 Broadcast Standards for Title VII of the Communications Act of to prescribe personnel strengths for the Depiction of Violence in Television Pro- 1934 (47 U.S.C. 701 et seq.) is amended by add- such fiscal year for the Armed Serv- grams, December 1992.’’. ing at the end the following: ices, and for other purposes; as follows: SEC 205. SEPARABILITY. ‘‘SEC. 715. UNLAWFUL DISTRIBUTION OF VIO- If any provision of this title, or any provi- In the amendment strike all after Sec. in LENT VIDEO PROGRAMMING NOT line 2 and insert the following: SPECIFICALLY BLOCKABLE BY sion of an amendment made by this title, or ELECTRONIC MEANS. the application thereof to particular persons FUNDING FOR VETERANS HEALTH CARE TO AD- ‘‘(a) UNLAWFUL DISTRIBUTION.—It shall be or circumstances, is found to be unconstitu- DRESS CHANGES IN POPULATION unlawful for any person to distribute to the tional, the remainder of this title or that AND INFLATION. public any violent video programming not amendment, or the application thereof to (a) FUNDING TO ADDRESS CHANGES IN POPU- blockable by electronic means specifically other persons or circumstances shall not be LATIONS AND INFLATION.—(1) Chapter 3 of on the basis of its violent content during affected. title 38, United States Code, is amended by hours when children are reasonably likely to SEC. 206. EFFECTIVE DATE. adding at the end the following new section: comprise a substantial portion of the audi- The prohibition contained in section 715 of ‘‘§ 320. Funding for veterans health care to ence. the Communications Act of 1934 (as added by address changes in population and infla- ‘‘(b) RULEMAKING PROCEEDING.—The Com- section 204 of this title) and the regulations tion mission shall conduct a rulemaking pro- promulgated thereunder shall take effect 1 ceeding to implement the provisions of this ‘‘(a) By the enactment of this section, Con- year after the regulations are adopted by the gress and the President intend to ensure ac- section and shall promulgate final regula- Commission. tions pursuant to that, proceeding not later cess to health care for all veterans. Upon the than 9 months after the date of enactment of enactment of this section, funding for the SA. 3467. Mr. ENSIGN proposed an programs, functions, and activities of the the Children’s Protection from Violent Pro- amendment to amendment SA 3315 programming Act. As part of that proceeding, Veterans Health Administration specified in the Commission— posed by Ms. LANDRIEU to the bill S. subsection (d) to accomplish this objective ‘‘(1) may exempt from the prohibition 2400, to authorize appropriations for shall be provided through a combination of under subsection (a) programming (including fiscal year 2005 for military activities discretionary and mandatory funds. The dis- news progams and sporting events) whose of the Department of Defense, for mili- cretionary amount should be equal to the fis- distribution does not conflict with the objec- tary construction, and for defense ac- cal year 2004 discretionary funding for such tive of protecting children from the negative tivities of the Department of Energy, programs, functions, and activities, and influences of violent video programming, as should remain unchanged each fiscal year to prescribe personnel strengths for thereafter. The annual level of mandatory that objective is reflected in the findings in such fiscal year for the Armed Serv- section 551(a) of the Telecommunications amount shall be adjusted according to the Act of 1996; ices, and for other purposes; as follows: formula specified in subsection (c). While ‘‘(2) shall exempt premium and pay-per- On page 9, strike lines 12 through 22, and this section does not purport to control the view cable programming and premium and insert the following: outcome of the annual appropriations proc- pay-per-view direct-to-home satellite pro- (8)(A) The Secretary of Defense shall pre- ess, it anticipates cooperation from Congress gramming; and scribe in regulations premiums which a per- and the President in sustaining discre- ‘‘(3) shall define the term ‘hours when chil- son electing under this section shall be re- tionary funding for such programs, func- dren are reasonably likely to comprise a sub- quired to pay for participating in the Sur- tions, and activities in future fiscal years at stantial portion of the audience’ and the vivor Benefit Plan pursuant to the election. the level of discretionary funding for such term ‘violent video programming’. The total amount of the premiums to be paid programs, functions, and activities for fiscal

VerDate May 21 2004 06:47 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.095 S22PT1 S7198 CONGRESSIONAL RECORD — SENATE June 22, 2004 year 2004. The success of that arrangement, Congress to reauthorize provisions relating Committee on Veterans’ Affairs of the House as well as of the funding formula, are to be to veterans health care.’’. of Representatives. A resolution described in reviewed after two years. (2) The table of sections at the beginning of paragraph (1) introduced in the Senate shall ‘‘(b) On the first day of each fiscal year, such chapter is amended by adding at the be referred to the Committee on Veterans’ the Secretary of the Treasury shall make end the following new item: Affairs of the Senate. available to the Secretary of Veterans Af- ‘‘320. Funding for veterans health care to ad- (3) DISCHARGE.—If the committee to which fairs the amount determined under sub- dress changes in population and a resolution described in paragraph (1) is re- section (c) with respect to that fiscal year. inflation.’’. ferred has not reported such resolution (or Each such amount is available, without fis- (b) COMPTROLLER GENERAL REPORT.—(1) an identical resolution) by the end of the 20- cal year limitation, for the programs, func- day period beginning on the date on which tions, and activities of the Veterans Health Not later than January 31, 2007, the Comp- the Comptroller General submits to Congress Administration, as specified in subsection troller General of the United States shall the report under subsection (b), such com- (d). There is hereby appropriated, out of any submit to Congress a report on the extent to mittee shall be, at the end of such period, sums in the Treasury not otherwise appro- which section 320 of title 38, United States priated, amounts necessary to implement Code (as added by subsection (a)), has discharged from further consideration of this section. achieved the purpose set forth in subsection such resolution, and such resolution shall be ‘‘(c)(1) The amount applicable to fiscal (a) of such section 320 during fiscal years 2005 placed on the appropriate calendar of the year 2005 under this subsection is the amount and 2006. House involved. equal to— (2) The report under paragraph (1) shall set (4) CONSIDERATION.—(A) On or after the ‘‘(A) 130 percent of the amount obligated forth the following: third day after the date on which the com- by the Department during fiscal year 2003 for (A) The amount appropriated for fiscal mittee to which such a resolution is referred the purposes specified in subsection (d), year 2004 for the programs, functions, and ac- has reported, or has been discharged (under minus tivities of the Veterans Health Administra- paragraph (3)) from further consideration of, ‘‘(B) the amount appropriated for those tion specified in subsection (d) of section 320 such a resolution, it is in order (even though purposes for fiscal year 2004. of title 38, United States Code. a previous motion to the same effect has ‘‘(2) The amount applicable to any fiscal (B) The amount appropriated by annual ap- been disagreed to) for any Member of the re- year after fiscal year 2005 under this sub- propriations Acts for each of fiscal years 2005 spective House to move to proceed to the section is the amount equal to the product of and 2006 for such programs, functions, and consideration of the resolution (but only on the following, minus the amount appro- activities. the day after the calendar day on which such priated for the purposes specified for sub- (C) The amount provided by section 320 of Member announces to the House concerned section (d) for fiscal year 2004: title 38, United States Code, for each of fiscal the Member’s intention to do so). The mo- ‘‘(A) The sum of— years 2005 and 2006 for such programs, function is highly privileged in the House of Rep- ‘‘(i) the number of veterans enrolled in the tions, and activities. resentatives and is privileged in the Senate Department health care system under sec- (D) An assessment whether the amount de- and is not debatable. The motion is not sub- tion 1705 of this title as of July 1 preceding scribed in subparagraph (C) for each of fiscal ject to amendment, or to a motion to post- the beginning of such fiscal year; and years 2005 and 2006 was appropriate to ad- pone, or to a motion to proceed to the con- ‘‘(ii) the number of persons eligible for dress the changes in costs to the Veterans sideration of other business. A motion to re- health care under chapter 17 of this title who Health Administration for such programs, consider the vote by which the motion is are not covered by clause (i) and who were functions, and activities that were attrib- agreed to or disagreed to shall not be in provided hospital care or medical services utable to changes in population and in infla- order. If a motion to proceed to the consider- under such chapter at any time during the tion over the course of such fiscal years. ation of the resolution is agreed to, the re- fiscal year preceding such fiscal year. (E) An assessment whether the amount spective House shall immediately proceed to ‘‘(B) The per capita baseline amount, as in- provided by section 320 of title 38, United consideration of the joint resolution without creased from time to time pursuant to para- States Code, in each of fiscal years 2005 and intervening motion, order, or other business, graph (3)(B). 2006, when combined with amounts appro- and the resolution shall remain the unfin- ‘‘(3)(A) For purposes of paragraph (2)(B), priated by annual appropriations Acts for ished business of the respective House until the term ‘per capita baseline amount’ means each of such fiscal years for such programs, disposed of. the amount equal to— functions, and activities, provided adequate (B) Debate on the resolution, and on all de- ‘‘(i) the amount obligated by the Depart- funding of such programs, functions, and ac- batable motions and appeals in connection ment during fiscal year 2004 for the purposes tivities in each such fiscal year. therewith, shall be limited to not more than specified in subsection (d), divided by (F) Such recommendations as the Comp- 2 hours, which shall be divided equally be- ‘‘(ii) the number of veterans enrolled in the troller General considers appropriate regard- tween those favoring and those opposing the Department health care system under sec- ing modifications of the formula under sub- resolution. An amendment to the resolution tion 1705 of this title as of September 30, section (c) of section 320 of title 38, United is not in order. A motion further to limit de- 2003. States Code, or any other modifications of bate is in order and not debatable. A motion ‘‘(B) With respect to any fiscal year, the law, to better ensure adequate funding of to postpone, or a motion to proceed to the Secretary shall provide a percentage in- such programs, functions, and activities. consideration of other business, or a motion crease (rounded to the nearest dollar) in the (c) CONGRESSIONAL CONSIDERATION OF to recommit the resolution is not in order. A per capita baseline amount equal to the per- COMPTROLLER GENERAL RECOMMENDATIONS.— motion to reconsider the vote by which the centage by which— (1) JOINT RESOLUTION.—For purposes of this resolution is agreed to or disagreed to is not ‘‘(i) the Consumer Price Index (all Urban subsection, the term ‘‘joint resolution’’ in order. Consumers, United States City Average, Hos- means only a joint resolution which is intro- (C) Immediately following the conclusion pital and related services, Seasonally Ad- duced (in the House of Representatives by of the debate on a resolution described in justed), published by the Bureau of Labor the Speaker of the House of Representatives paragraph (1) and a single quorum call at the Statistics of the Department of Labor for the (or the Speaker’s designee) or the Minority conclusion of the debate if requested in ac- 12-month period ending on the June 30 pre- Leader (or the Minority Leader’s designee) cordance with the rules of the appropriate ceding the beginning of the fiscal year for and in the Senate by the Majority Leader (or House, the vote on final passage of the reso- which the increase is made, exceeds the Majority Leader’s designee) or the Mi- lution shall occur. ‘‘(ii) such Consumer Price Index for the 12- nority Leader (or the Minority Leader’s des- (D) Appeals from the decisions of the Chair month period preceding the 12-month period ignee)) within the 10-day period beginning on relating to the application of the rules of the described in clause (i). ‘‘(d)(1) Except as provided in paragraph (2), the date on which Congress receives the re- Senate or the House of Representatives, as the purposes for which amounts made avail- port of the Comptroller General of the the case may be, to the procedure relating to able pursuant to subsection (b) shall be all United States under subsection (b), and— a resolution described in paragraph (1) shall programs, functions, and activities of the (A) which does not have a preamble; be decided without debate. Veterans Health Administration. (B) the matter after the resolving clause of (5) CONSIDERATION BY OTHER HOUSE.—(A) If, ‘‘(2) Amounts made available pursuant to which consists of amendments of title 38, before the passage by one House of a resolu- subsection (b) are not available for— United States Code, or other amendments or tion of that House described in paragraph (1), ‘‘(A) construction, acquisition, or alter- modifications of laws under the jurisdiction that House receives from the other House a ation of medical facilities as provided in sub- of the Secretary of Veterans Affairs to im- resolution described in paragraph (1), then chapter I of chapter 81 of this title (other plement the recommendations of the Comp- the following procedures shall apply: than for such repairs as were provided for be- troller General in the report under sub- (i) The resolution of the other House shall fore the date of the enactment of this section section (b)(2)(F); and not be referred to a committee and may not through the Medical Care appropriation for (C) the title of which is as follows: ‘‘Joint be considered in the House receiving it ex- the Department); or resolution to ensure adequate funding of cept in the case of final passage as provided ‘‘(B) grants under subchapter III of chapter health care for veterans.’’. in clause (ii)(II). 81 of this title. (2) REFERRAL.—A resolution described in (ii) With respect to a resolution described ‘‘(e) Nothing in this section shall be con- paragraph (1) that is introduced in the House in paragraph (1) of the House receiving the strued to prevent or limit the authority of of Representatives shall be referred to the resolution—

VerDate May 21 2004 05:12 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.071 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7199 (I) the procedure in that House shall be the fied in subsection (c) by reason of the amend- (C) the current financial resources of same as if no resolution had been received ment made by subsection (a). NATO and non-NATO member countries pro- from the other House; but (c) EFFECTIVE DATE.—The amendment vided for the stabilization and reconstruc- (II) the vote on final passage shall be on made by subsection (a) shall take effect on— tion of Iraq. the resolution of the other House. (1) the first day of the first month that be- (3) As a result of the efforts described in (B) Upon disposition of the resolution re- gins after the date of the enactment of this paragraph (2)— ceived from the other House, it shall no Act; or (A) a list of the NATO and non-NATO longer be in order to consider the resolution (2) the first day of the fiscal year that be- member countries that have deployed and that originated in the receiving House. gins in the calendar year in which this Act is will have agreed to deploy military and po- (6) RULES OF SENATE AND HOUSE.—This sub- enacted, if later than the date specified in lice forces; and section is enacted by Congress— paragraph (1). (B) with respect to each such country, the (A) as an exercise of the rulemaking power schedule and level of such deployments. of the Senate and House of Representatives, SA 3471. Mr. WARNER proposed an (4) A description of the efforts of the respectively, and as such it is deemed a part amendment to the bill S. 2400, to au- United States and coalition forces to develop of the rules of each House, respectively, but thorize appropriations for fiscal year the domestic security forces of Iraq for the applicable only with respect to the procedure 2005 for military activities of the De- internal security and external defense of to be followed in that House in the case of a partment of Defense, for military con- Iraq, including a description of United States resolution described in paragraph (1), and it struction, and for defense activities of plans to recruit, train, equip, and deploy do- supersedes other rules only to the extent the Department of Energy, to prescribe mestic security forces of Iraq. that it is inconsistent with such rules; and personnel strengths for such fiscal year (5) As a result of the efforts described in (B) with full recognition of the constitu- for the Armed Services, and for other paragraph (4)— tional right of either House to change the (A) the number of members of the security rules (so far as relating to the procedure of purposes; as follows: forces of Iraq that have been recruited; that House) at any time, in the same man- On page 30, between lines 14 and 15, insert (B) the number of members of the security ner, and to the same extent as in the case of the following: forces of Iraq that have been trained; and any other rule of that House. SEC. 216. SPIRAL DEVELOPMENT OF JOINT (C) the number of members of the security THREAT WARNING SYSTEM MARI- forces of Iraq that have been deployed. SA 3469. Mr. REID proposed an TIME VARIANTS. (6) A description of the efforts of the (a) AMOUNT FOR PROGRAM.—The amount United States and coalition forces to assist amendment to amendment SA 3387 pro- authorized to be appropriated by section in the reconstruction of essential infrastruc- posed by Mr. LEAHY to the bill S. 2400, 201(4) is hereby increased by $2,000,000, with ture of Iraq, including the oil industry, elec- to authorize appropriations for fiscal the amount of the increase to be available in year 2005 for military activities of the the program element PE 1160405BB for joint tricity generation, roads, schools, and hos- threat warning system maritime variants. pitals. Department of Defense, for military (7) A description of the efforts of the construction, and for defense activities (b) OFFSET.—The amount authorized to be appropriated by section 421 is hereby reduced United States, coalition partners, and rel- of the Department of Energy, to pre- by $2,000,000, with the amount of the reduc- evant international agencies to assist in the scribe personnel strengths for such fis- tion to be derived from excess amounts pro- development of political institutions and cal year for the Armed Services, and vided for military personnel of the Air Force. prepare for democratic elections in Iraq. for other purposes; as follows: (8) A description of the obstacles, including Mr. MCCONNELL submitted financial, technical, logistic, personnel, po- At the appropriate place, insert the fol- SA 3472. litical, and other obstacles, faced by NATO lowing: an amendment intended to be proposed by him to the bill S. 2400, to authorize in generating and deploying military forces SEC. ll. REQUEST FOR DOCUMENTS AND out of theater to locations such as Iraq. RECORDS. appropriations for fiscal year 2005 for The Attorney General shall submit to the military activities of the Department SA 3473. Mr. FRIST (for Mrs. FEIN- Committee on the Judiciary of the Senate of Defense, for military construction, STEIN) proposed an amendment to the all documents and records produced from and for defense activities of the De- joint resolution S.J. Res. 33, expressing January 20, 2001, to the present, and in the partment of Energy, to prescribe per- support for freedom in Hong Kong; as possession of the Department of Justice, de- sonnel strengths for such fiscal year follows: scribing, referring or relating to the treat- for the Armed Services, and for other ment or interrogation of prisoners of war, On page 5, line 6, strike ‘‘all’’. enemy combatants, and individuals held in purposes; which was ordered to lie on the table; as follows: On page 5, line 8, strike ‘‘a fully’’ and in- the custody or under the physical control of sert ‘‘universal suffrage and a’’. the United States Government or an agent of On page 247, between lines 13 and 14, insert On page 5, beginning on line 11, strike all the United States Government in connection the following: through line 23, and insert the following: with investigations or interrogations by the SEC. 1022. REPORT ON THE STABILIZATION OF (B) declare that the lack of movement to- military, the Central Intelligence Agency, IRAQ. wards universal suffrage and a democrat- Not later than 120 days after the date of intelligence, antiterrorist or ically elected legislature in Hong Kong is the enactment of this Act, the President counterterrorist offices in other agencies, or contrary to the vision of democracy set forth shall submit to the congressional defense cooperating governments, and the agents or in the Basic Law of the Hong Kong Special committees an unclassified report (with clas- contractors of such agencies or governments. Administrative Region and in the Agreement sified annex, if necessary) on the strategy of between the Government of the United King- the United States and coalition forces for SA 3470. Mr. NELSON of Florida sub- dom of Great Britain and Northern Ireland stabilizing Iraq. The report shall contain a mitted an amendment intended to be and the Government of the People’s Republic detailed explanation of the strategy, to- of China on the Question of Hong Kong, done proposed to amendment SA 3315 pro- gether with the following information: at Beijing, December 19, 1984 (the Sino-Brit- posed by Ms. LANDRIEU to the bill S. (1) A description of the efforts of the Presi- ish Joint Declaration of 1984); and 2400, to authorize appropriations for dent to work with the United Nations to pro- (C) call upon the Standing Committee of fiscal year 2005 for military activities vide support for, and assistance to, the tran- the National People’s Congress to guarantee sitional government in Iraq, and, in par- of the Department of Defense, for mili- that the Hong Kong Government develop and ticular, the efforts of the President to nego- tary construction, and for defense ac- implement a plan and timetable to achieve tiate and secure adoption by the United Na- tivities of the Department of Energy, universal suffrage and the democratic elections Security Council of Resolution 1546. to prescribe personnel strengths for tion of the legislature and chief executive of (2) A description of the efforts of the Presi- Hong Kong as provided for in the Basic Law such fiscal year for the Armed Serv- dent to continue to work with North Atlan- of the Hong Kong Special Administrative Re- ices, and for other purposes; which was tic Treaty Organization (NATO) member gion, promulgated on July 1, 1997. ordered to lie on the table; as follows: states and non-NATO member states to pro- Add at the end the following: vide support for and augment coalition f forces, including efforts, as determined by SEC. 643. REPEAL OF REQUIREMENT OF REDUC- NOTICES OF HEARINGS/MEETINGS TION OF SBP SURVIVOR ANNUITIES the United States combatant commander, in BY DEPENDENCY AND INDEMNITY consultation with coalition forces, to evalu- COMMITTEE ON INDIAN AFFAIRS COMPENSATION. ate the— Mr. CAMPBELL. Mr. President, I (a) REPEAL.—Section 1451(c) of title 10, (A) the current military forces of the would like to announce that the Com- United States Code, is amended by striking NATO and non-NATO member countries de- paragraph (2). ployed to Iraq; mittee on Indian Affairs will meet on (b) PROHIBITION ON RETROACTIVE BENE- (B) the current police forces of NATO and Wednesday, June 23, 2004, at 10 a.m. in FITS.—No benefits may be paid to any person non-NATO member countries deployed to Room 485 of the Russell Senate Office for any period before the effective date speci- Iraq; and Building to conduct a business meeting

VerDate May 21 2004 05:12 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.071 S22PT1 S7200 CONGRESSIONAL RECORD — SENATE June 22, 2004 on pending committee matters, to be orable Bob Barr, former United States Committee on Aging be authorized to followed immediately by an oversight Representative [R–GA], 21st Century meet Tuesday, June 22, 2004 from 10 hearing on Indian Tribal Detention Fa- Liberties Chair for Freedom and Pri- a.m.–12 p.m, in Dirksen 628 for the pur- cilities. vacy, American Conservative Union, pose of conducting a hearing. f Smyrna, GA. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. AUTHORITY FOR COMMITTEES TO objection, it is so ordered. SUBCOMMITTEE ON ENERGY MEET COMMITTEE ON VETERANS’ AFFAIRS Mr. SPECTER. Mr. President, I ask COMMITTEE ON BANKING, HOUSING, AND URBAN Mr SPECTER. Mr. President, I ask unanimous consent that the Sub- AFFAIRS unanimous consent that the Com- committee on Energy of the Com- Mr. SPECTER. Mr. President, I ask mittee on Veterans’ Affairs be author- mittee on Energy and Natural Re- unanimous consent that the Com- ized to meet during the session of the sources be authorized to meet during mittee on Banking, Housing, and Senate on Tuesday, June 22, 2004, for a the session of the Senate on Tuesday, Urban Affairs be authorized to meet hearing to consider pending legisla- June 22 at 2:30 p.m., to receive testi- during the session of the Senate on tion. The hearing will take place in mony regarding High performance Tuesday, June 22, 2004, at 10 a.m. to room 418 of the Russell Senate Office Computing: Regaining U.S. Leadership. conduct a hearing on ‘‘Consideration of Building at 2:45 p.m. The purpose of the hearings is to exam- Regulatory Reform Proposals.’’ The PRESIDING OFFICER. Without ine the DOE’s HPC R&D activities in The PRESIDING OFFICER. Without objection, it is so ordered. both the National Nuclear Security Ad- objection, it is so ordered. Agenda: ministration and the Office of Science, COMMITTEE ON COMMERCE, SCIENCE, AND S. 50, the ‘‘Veterans Health Care and to consider S. 2176, the High End TRANSPORTATION Funding Guarantee Act;’’ Computing Revitalization Act of 2004, Mr. SPECTER. Mr. President, I ask S. 1014, requiring VA to place certain which would authorize the secretary to unanimous consent that the Com- low-income veterans in a higher health carry out a program of R&D to advance mittee on Commerce, Science and care priority category; high-end computing through the Office Transportation be authorized to meet S. 1153, the ‘‘Veterans Prescription of Science. on Tuesday, June 22, 2004, at 9:30 a.m. Drugs Assistance Act;’’ The PRESIDING OFFICER. Without on Aviation Security. S. 1509, the ‘‘Eric and Brian Simon objection, it is so ordered. The PRESIDING OFFICER. Without Act of 2003;’’ SUBCOMMITTEE ON TERRORISM, TECHNOLOGY, objection, it is so ordered. S. 1745, the ‘‘Prisoner of War/Missing AND HOMELAND SECURITY COMMITTEE ON FINANCE in Action National Memorial Act;’’ Mr. SPECTER. Mr. President, I ask Mr. SPECTER. Mr. President, I ask S. 2063, proposed demonstration unanimous consent that the Com- unanimous consent that the Com- project on priorities in the scheduling mittee on the Judiciary Subcommittee mittee on Finance be authorized to of appointments for veterans health on Terrorism, Technology and Home- meet during the session on Tuesday, care; land Security be authorized to meet to S. 2099, relating to educational as- June 22, 2004, at 10 a.m., in G50 Dirksen conduct a hearing on ‘‘Tools to Fight sistance benefits for certain members Senate Office Building, to hear testi- Terrorism: Subpoena Authority and of the Selected Reserve; Pretrial Detention of Terrorists’’ on mony on Charity Oversight and Re- S. 2133, to name the Department of form: Keeping Bad Things from Hap- Tuesday, June 22, 2004 at 2:30 p.m. in Veterans Affairs medical center in the Dirksen 226. pening to Good Charities. Bronx, New York, as the James J. Pe- The PRESIDING OFFICER. Without ters Department of Veterans Affairs Witness List: objection, it is so ordered. Medical Center; Panel I—Rachel Brand, Principal COMMITTEE ON FOREIGN RELATIONS S. 2296, relating to the conveyance, Deputy Assistant Attorney General, Mr. SPECTER. Mr. President, I ask lease or disposal of the Louisville VA U.S. Department of Justice, Office of unanimous consent that the Com- Medical Center; Legal Policy, Washington, DC; Michael mittee on Foreign Relations be author- S. 2327, the proposed coordination of A. Battle, United States Attorney, ized to meet during the session of the VA per diem and Medicaid payments Western District of New York, Buffalo, Senate on Tuesday, June 22, 2004, at for care of veterans in State homes; NY; and James K. Robinson, former As- 9:30 a.m., to hold a hearing on the S. 2417, care for newborn children of sistant Attorney General, U.S. Depart- Peace Corps Security. veterans receiving maternity care; ment of Justice Criminal Division, The PRESIDING OFFICER. Without S. 2483, the ‘‘Veterans Compensation 1998–2001, Washington, DC. objection, it is so ordered. Cost-of-Living Adjustment Act of The PRESIDING OFFICER. Without 2004;’’ COMMITTEE ON FOREIGN RELATIONS objection, it is so ordered. S. 2484, the ‘‘Department of Veterans f Mr. SPECTER. Mr. President, I ask Affairs Health Care Personnel En- unanimous consent that the Com- hancement Act of 2003;’’ TANF AND RELATED PROGRAMS mittee on Foreign Relations be author- S. 2485, the ‘‘Department of Veterans CONTINUATION ACT OF 2004 ized to meet during the session of the Affairs Real Property and Facilities Mr. FRIST. Mr. President, I ask Senate on Tuesday, June 22, 2004, to Management Improvement Act of unanimous consent that the Senate hold a business meeting. 2004;’’ now proceed to the consideration of The PRESIDING OFFICER. Without S. 2486, the ‘‘Veterans Benefits Im- H.R. 4589, which is at the desk. objection, it is so ordered. provements Act of 2004;’’ The PRESIDING OFFICER. The COMMITTEE ON THE JUDICIARY S. 2522, to increase the maximum clerk will report the bill by title. Mr. SPECTER. Mr. President, I ask amount of home loan guaranty avail- The legislative clerk read as follows: unanimous consent that the Com- able under the home loan guaranty A bill (H.R. 4589) to reauthorize the Tem- mittee on the Judiciary be authorized program of the Department of Veterans porary Assistance for Needy Families block to meet to conduct a hearing on Tues- Affairs; grant program through September 30, 2004, day, June 22, 2004 at 10 a.m. on ‘‘Pre- S. 2524, relating to Blast Injury Re- and for other purposes. serving Traditional Marriage: A View search and Clinical Care Centers There being no objection, the Senate From The States’’ in the Dirksen Sen- (BIRECCs); and proceeded to consider the bill. ate Office Building Room 226. S. 2534, relating to various education Mr. FRIST. Mr. President, I ask and home loan benefits program im- unanimous consent that the bill be Witness List: provements. read a third time and passed, the mo- Panel I: The Honorable Mitt Romney, The PRESIDING OFFICER. Without tion to reconsider be laid upon the Governor of Massachusetts. objection, it is so ordered. table, and any statements relating to Panel II: The Honorable MARILYN SPECIAL COMMITTEE ON AGING the bill be printed in the RECORD. MUSGRAVE, United States Representa- Mr. SPECTER. Mr. President, I ask The PRESIDING OFFICER. Without tive [R–CO], Washington, DC; The Hon- unanimous consent that the Special objection, it is so ordered.

VerDate May 21 2004 06:36 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.084 S22PT1 June 22, 2004 CONGRESSIONAL RECORD — SENATE S7201 The bill (H.R. 4589) was read the third Hong Kong as envisioned by the Basic Law of On page 5, line 8, strike ‘‘a fully’’ and in- time and passed. the Hong Kong SAR; and sert ‘‘universal suffrage and a’’. Whereas on April 6, 2004, the Standing Com- On page 5, beginning on line 11, strike all f mittee of the National People’s Congress of the through line 23, and insert the following: FREEDOM IN HONG KONG People’s Republic of China declared itself, as (B) declare that the lack of movement to- opposed to the people of Hong Kong, the final wards universal suffrage and a democrat- Mr. FRIST. Mr. President, I ask arbiter of democratic reform and, on April 26, ically elected legislature in Hong Kong is unanimous consent that the Senate 2004, declared that universal suffrage would not contrary to the vision of democracy set forth proceed to the immediate consider- apply to the election of the third Chief Execu- in the Basic Law of the Hong Kong Special ation of Calendar No. 494, S.J. Res. 33. tive in 2007 or to the election of all members of Administrative Region and in the Agreement The PRESIDING OFFICER. The the fourth Legislative Council in 2008: Now, between the Government of the United King- clerk will report the joint resolution therefore, be it dom of Great Britain and Northern Ireland Resolved by the Senate and House of Rep- and the Government of the People’s Republic by title. of China on the Question of Hong Kong, done The legislative clerk read as follows: resentatives of the United States of America in Congress assembled, øThat Congress— at Beijing, December 19, 1984 (the Sino-Brit- A joint resolution (S.J. Res. 33) expressing ø(1) declares that the people of Hong Kong ish Joint Declaration of 1984); and support for freedom in Hong Kong. should be free to determine the pace and (C) call upon the Standing Committee of There being no objection, the Senate scope of constitutional developments; and the National People’s Congress to guarantee proceeded to consider the joint resolu- ø(2) calls upon the President of the United that the Hong Kong Government develop and implement a plan and timetable to achieve tion, which had been reported from the States to— ø(A) call upon the People’s Republic of universal suffrage and the democratic elec- Committee on Foreign Relations with China, the National People’s Congress, and tion of the legislature and chief executive of an amendment and an amendment to any groups appointed by the Government of Hong Kong as provided for in the Basic Law the preamble. the People’s Republic of China to guarantee of the Hong Kong Special Administrative Re- [Strike the parts shown in black that all revisions of Hong Kong law are made gion, promulgated on July 1, 1997. brackets and insert parts shown in according to the wishes of the people of Hong The committee amendment, as italic.] Kong as expressed through a fully democrat- amended, was agreed to. ically elected legislature and chief executive; S.J. RES. 33 The joint resolution (S.J. Res. 33) ø(B) declare that the continued lack of a øWhereas according to the April 1, 2004, was passed. fully democratically elected legislature in The preamble, as amended, was ‘‘U.S.-Hong Kong Policy Act Report’’ by the Hong Kong constitutes a violation of the Department of State, ‘‘The United States Agreement between the Government of the agreed to. has strong interests in the protection of United Kingdom of Great Britain and North- The joint resolution, with its pre- human rights and the promotion of demo- ern Ireland and the Government of the Peo- amble, reads as follows: cratic institutions throughout the world. ple’s Republic of China on the Question of S.J. RES. 33 The Hong Kong people share many values Hong Kong, done at Bejing December 19, 1984 Whereas according to the April 1, 2004, re- and interests with Americans and have (the Sino-British Joint Declaration of 1984); port by the Department of State entitled worked to make Hong Kong a model of what and U.S.-Hong Kong Policy Act Report, ‘‘The can be achieved in a society based on the ø(C) call upon the Government of the Peo- United States has strong interests in the rule of law and respect for civil liberties’’; ple’s Republic of China to honor its treaty protection of human rights and the pro- øWhereas according to section 103(3) of the obligations under the Sino-British Joint motion of democratic institutions through- United States-Hong Kong Policy Act of 1992 Declaration of 1984.¿ out the world. The Hong Kong people share (22 U.S.C. 5713(3)), ‘‘The United States should That Congress— many values and interests with Americans continue to treat Hong Kong as a territory (1) declares that the people of Hong Kong and have worked to make Hong Kong a which is fully autonomous from the United should be free to determine the pace and scope model of what can be achieved in a society Kingdom and, after June 30, 1997, should of constitutional developments; and based on the rule of law and respect for civil treat Hong Kong as a territory which is fully (2) calls upon the President of the United liberties’’; autonomous from the People’s Republic of States to— Whereas according to section 103(3) of the China with respect to economic and trade (A) call upon the People’s Republic of China, United States-Hong Kong Policy Act of 1992 matters’’; the National People’s Congress, and any groups (22 U.S.C. 5713(3)), ‘‘The United States should øWhereas the Government of the Hong appointed by the Government of the People’s continue to treat Hong Kong as a territory Kong Special Administrative Region (SAR) Republic of China to guarantee that all revi- which is fully autonomous from the United and the People’s Republic of China have frus- sions of Hong Kong law reflect the wishes of the Kingdom and, after June 30, 1997, should trated the gradual and orderly process to- people of Hong Kong as expressed through a treat Hong Kong as a territory which is fully ward universal suffrage and the democratic fully democratically elected legislature and chief autonomous from the People’s Republic of election of the legislature and chief execu- executive; China with respect to economic and trade tive in Hong Kong as envisioned by the Basic (B) declare that the continued lack of a fully matters’’; Law of the Hong Kong SAR; and democratically elected legislature in Hong Kong Whereas the People’s Republic of China has øWhereas the Standing Committee of the is contrary to the vision of democracy set forth frustrated the gradual and orderly process National People’s Congress of the People’s in the Agreement between the Government of toward universal suffrage and the demo- Republic of China on April 6, 2004, declared the United Kingdom of Great Britain and cratic election of the legislature and chief itself, as opposed to the people of Hong Kong, Northern Ireland and the Government of the executive in Hong Kong as envisioned by the the final arbiter of democratic reform: Now, People’s Republic of China on the Question of Basic Law of the Hong Kong SAR; and therefore, be it¿ Hong Kong, done at Bejing December 19, 1984 Whereas on April 6, 2004, the Standing Whereas according to the April 1, 2004, report (the Sino-British Joint Declaration of 1984); and Committee of the National People’s Congress by the Department of State entitled U.S.-Hong (C) call upon the Government of the People’s of the People’s Republic of China declared Kong Policy Act Report, ‘‘The United States has Republic of China to honor its treaty obligations itself, as opposed to the people of Hong Kong, strong interests in the protection of human under the Sino-British Joint Declaration of 1984. the final arbiter of democratic reform and, rights and the promotion of democratic institu- Mr. FRIST. Mr. President, I ask on April 26, 2004, declared that universal suf- tions throughout the world. The Hong Kong unanimous consent that the Feinstein frage would not apply to the election of the people share many values and interests with amendment at the desk be agreed to, third Chief Executive in 2007 or to the elec- Americans and have worked to make Hong the committee amendment, as amend- tion of all members of the fourth Legislative Kong a model of what can be achieved in a soci- ed, be agreed to, the resolution, as Council in 2008: Now, therefore, be it ety based on the rule of law and respect for civil Resolved by the Senate and House of Rep- liberties’’; amended, be read three times and resentatives of the United States of America in Whereas according to section 103(3) of the passed, the preamble, as amended, be Congress assembled, That Congress— United States-Hong Kong Policy Act of 1992 (22 agreed to, the motions to reconsider be (1) declares that the people of Hong Kong U.S.C. 5713(3)), ‘‘The United States should con- laid upon the table en bloc, and any should be free to determine the pace and tinue to treat Hong Kong as a territory which is statements relating to the joint resolu- scope of constitutional developments; and fully autonomous from the United Kingdom tion be printed in the RECORD. (2) calls upon the President of the United and, after June 30, 1997, should treat Hong The PRESIDING OFFICER. Without States to— Kong as a territory which is fully autonomous objection, it is so ordered. (A) call upon the People’s Republic of from the People’s Republic of China with re- The amendment (No. 3473) was agreed China, the National People’s Congress, and spect to economic and trade matters’’; any groups appointed by the Government of Whereas the People’s Republic of China has to, as follows: the People’s Republic of China to guarantee frustrated the gradual and orderly process to- (Purpose: To express support for democratic that revisions of Hong Kong law reflect the ward universal suffrage and the democratic activity in Hong Kong) wishes of the people of Hong Kong as ex- election of the legislature and chief executive in On page 5, line 6, strike ‘‘all’’. pressed through universal suffrage and a

VerDate May 21 2004 05:12 Jun 23, 2004 Jkt 029060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.127 S22PT1 S7202 CONGRESSIONAL RECORD — SENATE June 22, 2004 democratically elected legislature and chief of Defense authorization bill, as pro- five stacked rollcall votes on amend- executive; vided under the previous order. ments to the Defense bill. Following (B) declare that the lack of movement to- The PRESIDING OFFICER. Without those votes, the Senate will continue wards universal suffrage and a democrat- objection, it is so ordered. working through amendments. The ically elected legislature in Hong Kong is The Senator from Nevada. chairman and ranking member were contrary to the vision of democracy set forth Mr. REID. Mr. President, this has in the Basic Law of the Hong Kong Special able to dispose of a number of amend- Administrative Region and in the Agreement been a very contentious day on occa- ments tonight, but over 30 remain between the Government of the United King- sion. I would like to add what I hope pending. Votes are expected through- dom of Great Britain and Northern Ireland will be a moment of pleasantness to out the afternoon tomorrow as the and the Government of the People’s Republic what we do here, and that is talk about Senate moves toward passage of the of China on the Question of Hong Kong, done the Presiding Officer who has the pa- bill. In addition to votes in relation to at Beijing, December 19, 1984 (the Sino-Brit- tience of—I don’t know if it is a Job at the amendments, the Senate will also ish Joint Declaration of 1984); and this stage, but a lot of patience because vote on several judicial nominations (C) call upon the Standing Committee of he has sat through the longest quorum the National People’s Congress to guarantee during tomorrow’s session. As I just that the Hong Kong Government develop and call we have had in a long time which stated, if we are unable to finish the implement a plan and timetable to achieve the Presiding Officer called himself. So bill tomorrow, a cloture vote will occur universal suffrage and the democratic elec- on behalf of the Senate, the junior Sen- on Thursday to bring this bill to a tion of the legislature and chief executive of ator from Missouri deserves our ap- close. Hong Kong as provided for in the Basic Law plause and congratulations for his pa- Finally, I would add that the Appro- of the Hong Kong Special Administrative Re- tience. priations Committee finished their gion, promulgated on July 1, 1997. Mr. FRIST. Mr. President, I second work on the Defense Appropriations the commendation of the Presiding Of- f bill. It is important that we address ficer. At times, I wish I had been in his this bill as well prior to the week’s chair instead of my chair, as we went ORDERS FOR WEDNESDAY, JUNE close. through these negotiations. 23, 2004 f f Mr. FRIST. Mr. President, I ask unanimous consent that when the Sen- PROGRAM RECESS UNTIL 9:30 A.M. ate completes its business today, it re- Mr. FRIST. Tomorrow the Senate TOMORROW cess until 9:30 a.m. on Wednesday, June will resume consideration of the De- Mr. FRIST. Mr. President, if there is 23; I further ask that following the fense authorization bill under the pre- no further business to come before the prayer and the pledge, the Journal of vious order. When the Senate resumes Senate, I ask unanimous consent the proceedings be approved to date, the consideration of the Defense bill, there Senate stand in recess under the pre- time for the two leaders be reserved for will be a total of 100 minutes of debate vious order. their use later in the day, and the Sen- in relation to five separate amend- There being no objection, the Senate, ate then resume consideration of Cal- ments. At approximately 11:15 tomor- at 9:58 p.m., recessed until Wednesday, endar No. 503, S. 2400, the Department row, the Senate will proceed to up to June 23, 2004, at 9:30 a.m.

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