[Congressional Record (Bound Edition), Volume 150 (2004), Part 10]
[Senate]
[Pages 13895-13899]
[From the U.S. Government Publishing Office, www.gpo.gov]




                         SUBMITTED RESOLUTIONS

                                 ______
                                 

SENATE RESOLUTION 391--DESIGNATING THE SECOND WEEK OF DECEMBER 2004 AS 
                ``CONVERSATIONS BEFORE THE CRISIS WEEK''

  Mr. NELSON of Florida submitted the following resolution; which was 
referred to the Committee on the Judiciary:

                              S. Res. 391

       Whereas 2,400,000 people in the United States die each 
     year;
       Whereas research shows that a majority of people in the 
     United States would prefer to die at home, surrounded by 
     family and other loved ones, free from pain, and with their 
     wishes honored;
       Whereas only 30 percent of people in the United States 
     living with life-limiting illness experience the 
     interdisciplinary care that hospice provides to patients and 
     their caregivers;
       Whereas studies have shown that too many people do not get 
     the care they want, with 70 percent dying in hospitals and 
     nursing homes suffering needlessly from high levels of pain 
     due to poor pain and symptom management;
       Whereas individuals need to have more information and 
     support in order to make informed choices and share these 
     end-of-life care wishes with their families, doctors, 
     lawyers, and clergy;
       Whereas all people in the United States have the ability to 
     make their end-of-life care wishes clear through the 
     execution of an advance directive, which includes a living 
     will describing the kind of care they would like to receive 
     and the appointment of a health care agent or proxy to speak 
     for them if they cannot speak for themselves;
       Whereas only 15 to 20 percent of people in the United 
     States currently have an advance directive and most do not 
     know that there are options for good pain and symptom 
     management and quality end-of-life care, and thus do not ask 
     for them;
       Whereas honoring a dying person's preferences is a critical 
     element of quality end-of-life care and the right of all 
     people in the United States;
       Whereas advance directive documents are valid in all 50 
     states and are available without charge on the Internet;
       Whereas a ``Conversations Before the Crisis Week'', and 
     activities planned to support this week, would encourage 
     family members to designate time during the week to talk to 
     their loved ones about their personal end-of-life wishes and 
     to document those wishes formally through the completion of a 
     living will and appointing a medical power of attorney; and
       Whereas the Senate believes educating people in the United 
     States about end-of-life care choices and encouraging 
     conversations about these issues before there is a medical 
     crisis is of the utmost importance: Now, therefore, be it
       Resolved, That the Senate--
       (1) designates the second week of December 2004 as 
     ``Conversations Before the Crisis Week''; and
       (2) requests that the President issue a proclamation 
     calling on the people of the United States to observe the 
     week with appropriate ceremonies and activities.

  Mr. NELSON of Florida. Mr. President, last week my colleague Senator 
Jay Rockefeller and I had the privilege of introducing the Advanced 
Directives Improvement and Education Act of 2004, which would improve 
an individual's understanding of the importance of advance directives 
and give people the opportunity to discuss their options with their 
doctor.
  The goals of the legislation are important. But as we make advance 
directives more accessible, we must also reach out to the many 
Americans who feel uncomfortable discussing serious illness and death 
and help them learn how to make their end-of-life health care plans.
  Accordingly, today I am pleased to submit a Resolution designating 
the second week of December 2004 to be ``Conversations Before the 
Crisis Week.'' During this week, there will be town hall meetings, 
television and radio shows, educational events, newspaper articles, 
legal clinics, and other activities taking place in communities across 
the country. This coordinated effort will bring the discussion of dying 
out of the shadows and into the public square. There are difficult 
questions to ask and the answers are neither simple nor universal. But 
it is essential that we discuss them and that each of us find the best 
answer we can for ourselves and our families.
  The alternative is unacceptable: once a terminal illness or tragedy 
strikes, it is infinitely more difficult to sort through the complex 
and confusing emotional, spiritual, legal, and medical concerns. We 
must begin having these conversations before the crisis because

[[Page 13896]]

it is important to plan for end-of-life care without the anger, 
sadness, fear, and pain that may accompany a terminal diagnosis, and 
because knowing what you want is the greatest gift you can give to 
those who love you and may have to make medical decisions for you.
  It is my hope that as we talk more we will learn more; and as we 
learn more, we will demand more. If we demand better end-of-life care, 
we will get it. One example: Medicare has an excellent hospice benefit 
but only 25-30 percent of eligible Medicare beneficiaries use this 
service. Even people who do use the hospice benefit stay for an average 
of 28 days--too short to provide maximum benefit. Since Medicare allows 
people who need it to have over 180 days of hospice care, this is very 
surprising. By supporting this resolution, and creating a 
``Conversations Before the Crisis Week,'' we can generate important 
public attention--attention that will help explain this mystery, and 
attention that will be crucial to helping people end their lives in a 
way that is as peaceful and as meaningful as possible.
                                 ______
                                 

  SENATE RESOLUTION 392--CONVEYING THE SYMPATHY OF THE SENATE TO THE 
FAMILIES OF THE YOUNG WOMEN MURDERED IN THE STATE OF CHIHUAHUA, MEXICO, 
AND ENCOURAGING INCREASED UNITED STATES INVOLVEMENT IN BRINGING AN END 
                            TO THESE CRIMES

  Mr. BINGAMAN (for himself, Mrs. Hutchison, and Ms. Landrieu) 
submitted the following resolution; which was referred to the Committee 
on Foreign Relations:

                              S. Res. 392

       Whereas the Mexican border city of Ciudad Juarez has been 
     plagued with the abduction, sexual assault, and brutal 
     murders of more than 370 young women since 1993;
       Whereas these abductions and murders have begun to spread 
     south to the city of Chihuahua;
       Whereas more than 90 of these murders show signs of being 
     connected to 1 or more serial killers;
       Whereas some of the victims are as young as 13 years old, 
     and many were abducted in broad daylight in well-populated 
     areas;
       Whereas these murders have brought pain as the families and 
     friends of the victims on both sides of the border struggle 
     to cope with the loss of their loved ones;
       Whereas many of the victims have yet to be positively 
     identified;
       Whereas the perpetrators of most of these heinous acts 
     remain unknown;
       Whereas the Mexican Federal Government has taken steps to 
     prevent these abductions and murders, including setting up a 
     commission to coordinate Federal and State efforts in Mexico, 
     establishing a 40-point plan, appointing a special 
     commissioner, and appointing a special prosecutor;
       Whereas in 2003 the El Paso Field Office of the Federal 
     Bureau of Investigation and the El Paso Police Department 
     began providing Mexican authorities with training in 
     investigation techniques and methods;
       Whereas the government of the State of Chihuahua has 
     jurisdiction over these crimes;
       Whereas Mexico is a party to the following international 
     treaties that relate to abductions and murders: the Charter 
     of the Organization of American States, the American 
     Convention on Human Rights, the Universal Declaration of 
     Human Rights, the International Covenant on Civil and 
     Political Rights, the International Covenant on Economic, 
     Social and Cultural Rights, the Convention on the Elimination 
     of all Forms of Discrimination Against Women, the United 
     Nations Declaration on Violence Against Women, the Convention 
     on the Rights of the Child, the Convention of Belem do Para, 
     the Inter-American Convention to Prevent and Punish Torture, 
     the Inter-American Convention on Forced Disappearance, and 
     the United Nations Declaration on the Protection of All 
     Persons From Enforced Disappearance; and
       Whereas impunity for these crimes is a threat to the 
     ability of Mexico to consolidate its growing democracy: Now, 
     therefore, be it
       Resolved, That the Senate--
       (1) condemns the abductions and murders of young women in 
     Ciudad Juarez and the city of Chihuahua in the State of 
     Chihuahua, Mexico, since 1993;
       (2) expresses its sincerest condolences and deepest 
     sympathy to the families of the young women killed in the 
     State of Chihuahua, Mexico, since 1993, many of whom appear 
     to be victims of 1 or more serial murderers;
       (3) recognizes the courageous struggle of the victims' 
     families in seeking justice for the victims;
       (4) urges the President and Secretary of State to continue 
     to express concern over these abductions and murders to the 
     Government of Mexico and to request that the investigative 
     and preventative efforts of the Mexican Government become 
     part of the bilateral agenda between the Governments of 
     Mexico and the United States;
       (5) urges the President and Secretary of State to continue 
     to express support for the efforts of the victims' families 
     to seek justice for the victims, to express concern relating 
     to the continued harassment of these families and the human 
     rights defenders with which they work, and to express concern 
     with respect to impediments in the ability of the families to 
     receive prompt and accurate information in their cases;
       (6) supports multilateral efforts to create a DNA database 
     that would allow families to positively identify the remains 
     of the victims and encourages the Secretary of State to 
     facilitate United States participation in such a DNA 
     database;
       (7) encourages the Secretary of State to continue to 
     include in the annual Country Report on Human Rights of the 
     Department of State all instances of improper investigatory 
     methods, threats against human rights activists, and the use 
     of torture with respect to cases involving the murder and 
     abduction of young women in the State of Chihuahua;
       (8) recommends that the United States Ambassador to Mexico 
     visit Ciudad Juarez and the city of Chihuahua to meet with 
     the families of the victims, women's rights organizations, 
     and Mexican Federal and State officials responsible for 
     investigating these crimes and preventing future such crimes;
       (9) condemns the use of torture as a means of investigation 
     into these crimes;
       (10) encourages the Secretary of State to urge the 
     Government of Mexico to ensure fair and proper judicial 
     proceedings for the individuals accused of these abductions 
     and murders and to impose appropriate punishment for those 
     individuals subsequently determined to be guilty of such 
     crimes;
       (11) condemns all senseless acts of violence in all parts 
     of the world and, in particular, violence against women; and
       (12) expresses the solidarity of the people of the United 
     States with the people of Mexico in the face of these tragic 
     and senseless acts.

  Mr. BINGAMAN. Mr. President, I rise today with my colleagues Senators 
Hutchison and Landrieu to submit a resolution to convey the deepest 
sympathy of the Senate to the families of the young women who have been 
tragically murdered in Ciudad Juarez and throughout the State of 
Chihuahua, and urge the governments of Mexico and the United States to 
work together to address this issue. This is an issue that has not only 
affected the people of Mexico, but has long troubled the communities in 
my home State and across the entire Southwest region. A similar 
resolution, H. Res. 466, has been introduced by Representative Hilda 
Solis and enjoys the bipartisan support of 125 cosponsors.
  In 1993, the bodies of women began appearing in the deserts outside 
the city of Juarez, Mexico, marking the beginning of a horrendous 
epidemic that has plagued the United States-Mexico border region for 
more then 10 years. Since then, more than 370 women have been killed. 
Many of the young women were abducted in broad daylight in well-
populated areas, held captive for several days and subjected to 
physical violence, humiliation, and sexual torture, before having their 
mutilated bodies discovered days, or sometimes years, later in deserted 
areas.
  Unfortunately, these murders have continued into this year. Most 
recently, on May 28, 14-year-old Luisa Rocio Chavez Chavez was found 
murdered in the city of Chihuahua after disappearing the previous 
morning on her way home from the store. She had been raped and 
strangled to death, and her body was found partially clothed. And 
before that, on April 26, a 33-year-old factory worker, Teresa 
Torbellin, was found after being beaten to death and dragged through 
bushes and desert, eventually being dumped in a deserted area outside 
the city. Like these deaths, nearly all of the cases remain unsolved. 
In fact, many of the bodies of victims have yet to be positively 
identified. One can only imagine how much pain and suffering this has 
caused the families and friends of these young women. I want to make 
sure that these deaths are never forgotten, and that the governments on 
both sides of the border continue to give this issue the attention that 
it so rightly deserves.
  National and international human rights groups, as well as Mexico's 
own special prosecutor, Maria Lopez Urbina, have reported that many 
times

[[Page 13897]]

bodies were misidentified, evidence was contaminated or lost, key 
witnesses were not properly interviewed, and autopsies were 
inadequately performed. Some reports have even suspected local, state, 
and federal authorities of being involved or complicit in the women's 
murders.
  It is my understanding that President Vicente Fox has taken steps to 
address this issue, by setting up the Commission to Prevent and 
Eradicate Violence Against Women, which is responsible for coordinating 
Federal and State efforts in preventing violence of women in Ciudad 
Juarez and Chihuahua, and appointing a special prosecutor for punishing 
those responsible for the murders in Ciudad Juarez and Chihuahua. 
Although I am pleased that President Fox has taken the initiative on 
these fronts, I continue to believe that there needs to be a more 
coordinated effort on the part of the Mexican and U.S. governments. 
That is why I stand here today to submit this vitally important 
resolution.
  Specifically, this resolution would condemn the abductions and 
murders of young women in the State of Chihuahua, Mexico, express the 
sincerest condolences and deepest sympathy of the Senate to the 
families of the young women, and urge a continued multilateral effort 
on the part of the governments of Mexico and the United States to 
address this issue.
  To this end, it would urge the governments of Mexico and the United 
States to support efforts to further develop a DNA database that would 
allow families to positively identify the remains of the victims, and 
encourage the Secretary of State to continue to facilitate U.S. 
participation with such a DNA database.
  It would also encourage the Secretary of State to urge the Mexican 
government to ensure fair and proper judicial proceedings for the 
individuals accused of these abductions and murders, and to impose 
appropriate punishment for those individuals found guilty of such 
crimes. Additionally, it would condemn the use of torture as a means of 
investigation.
  Lastly, this resolution would condemn all senseless acts of violence 
against women across the world and express the solidarity of the people 
of the United States with the people of Mexico in the face of these 
tragic and senseless acts.
  This problem cannot be ignored. We have the chance to help end the 
suffering of these innocent families, and I hope that the Senate will 
join me in supporting this resolution.
                                 ______
                                 

SENATE RESOLUTION 393--EXPRESSING THE SENSE OF THE SENATE IN SUPPORT OF 
          UNITED STATES POLICY FOR A MIDDLE EAST PEACE PROCESS

  Mr. FRIST (for himself, Mr. Daschle, Mr. Levin, Mr. Nelson of 
Florida, Mrs. Boxer, Mr. Lieberman, Ms. Mikulski, Ms. Landrieu, Mr. 
Corzine, Mr. Lautenberg, and Mr. Voinovich) submitted the following 
resolution; which was considered and agreed to:

                              S. Res. 393

       Whereas the Road Map, endorsed by the United States, 
     Israel, the Palestinian Authority, the European Union, 
     Russia, and the United Nations, remains a realistic and 
     widely recognized plan for making progress toward peace;
       Whereas, on April 14, 2004, President Bush welcomed the 
     plan of Israeli Prime Minister Ariel Sharon to remove certain 
     military installations and all settlements from Gaza, and 
     certain military installations and settlements from the West 
     Bank;
       Whereas under the Road Map, Palestinians must undertake an 
     immediate cessation of armed activity and all acts of 
     violence against Israelis anywhere, all Palestinian 
     institutions, organizations, and individuals must end 
     incitement against Israel, the Palestinian leadership must 
     act decisively against terror (including sustained, targeted, 
     and effective operations to stop terrorism and dismantle 
     terrorist capabilities and infrastructure), and Palestinians 
     must undertake a comprehensive and fundamental political 
     reform that includes a strong parliamentary democracy and an 
     empowered prime minister;
       Whereas Prime Minister Sharon noted Israel's 
     responsibilities under the Road Map include limitations on 
     the growth of settlements, removal of unauthorized outposts, 
     and steps to increase, to the extent permitted by security 
     needs, freedom of movement for Palestinians not engaged in 
     terrorism;
       Whereas there likely will be no security for Israelis or 
     Palestinians until they and all states join together to fight 
     terrorism and dismantle terrorist organizations;
       Whereas the United States remains committed to Israel's 
     security, and well-being as a Jewish State, including secure, 
     recognized, and defensible borders, and to preserving and 
     strengthening Israel's capability to deter enemies and defend 
     itself against any threat;
       Whereas Israel has the right to defend itself against 
     terrorism, including to take actions against terrorist 
     organizations that threaten Israel's citizens;
       Whereas, after Israel withdraws from Gaza and parts of the 
     West Bank, existing arrangements regarding control of 
     airspace, territorial waters, and land passages relating to 
     the West Bank and Gaza are planned to continue;
       Whereas, as part of a final peace settlement, Israel must 
     have secure and recognized borders, which should emerge from 
     negotiations between the parties in accordance with United 
     Nations Security Council Resolutions 242 and 338;
       Whereas, in light of realities on the ground, including 
     already existing major Israeli population centers, it is 
     unrealistic to expect that the outcome of final status 
     negotiations will be a full and complete return to the 
     armistice lines of 1949, but realistic to expect that any 
     final status agreement will only be achieved on the basis of 
     mutually agreed changes that reflect these realities;
       Whereas Israeli Prime Minister Ariel Sharon has stated: 
     ``the barrier being erected by Israel is a security rather 
     than political barrier, is temporary rather than permanent, 
     and should therefore not prejudice any final status issues 
     including final borders, and its route should take into 
     account, consistent with security needs, its impact on 
     Palestinian communities'';
       Whereas an agreed just, fair, and realistic framework for a 
     solution to the Palestinian refugee issue as part of any 
     final status agreement will need to be found through the 
     establishment of a Palestinian state, and the settling of 
     Palestinian refugees there, rather than in Israel;
       Whereas the United States supports the establishment of a 
     Palestinian state that is viable, contiguous, sovereign, and 
     independent, so that the Palestinian people can build their 
     own future;
       Whereas the United States will join with others in the 
     international community to assist in fostering the 
     development of Palestinian democratic political institutions 
     and new leadership committed to those institutions, the 
     reconstruction of civic institutions, the growth of a free 
     and prosperous economy, and the building of capable security 
     institutions dedicated to maintaining law and order and 
     dismantling terrorist organizations; and
       Whereas in order to promote a lasting peace, all states 
     must oppose terrorism, support the emergence of a peaceful 
     and democratic Palestine, and state clearly that they will 
     live in peace with Israel: Now, therefore, be it
       Resolved, That the Senate--
       (1) endorses the above-mentioned principles and practices 
     of United States policy in the Middle East, and ongoing 
     actions to make progress toward realizing the vision of two 
     states living side by side in peace and security, as a real 
     contribution toward peace, and as important steps under the 
     Road Map;
       (2) reaffirms its commitment to a vision of two states, 
     Israel and Palestine, living side by side in peace and 
     security as the key to peace; and
       (3) supports efforts to continue working with others in the 
     international community, to build the capacity and will of 
     Palestinian institutions to fight terrorism, dismantle 
     terrorist organizations, and prevent the areas from which 
     Israel has withdrawn from posing a threat to the security of 
     Israel.
                                 ______
                                 

  SENATE RESOLUTION 394--TO AUTHORIZE TESTIMONY AND REPRESENTATION IN 
                 UNITED STATES v. DANIEL BAYLY, ET AL.

  Mr. FRIST (for himself and Mr. Daschle) submitted the following 
resolution; which was considered and agreed to:

                              S. Res. 394

       Whereas, by Senate Resolution 317, 107th Congress, the 
     Senate authorized the Permanent Subcommittee on 
     Investigations of the Committee on Governmental Affairs to 
     produce records from its investigation into the collapse of 
     Enron Corporation to law enforcement and regulatory officials 
     and agencies;
       Whereas, in the case of United States v. Daniel Bayly, et 
     al., Cr. No. H-03-363, pending in the United States District 
     Court for the Southern District of Texas, the parties have 
     requested testimony from Tim Henseler, a former employee of, 
     and Jim Pittrizzi, a detailee to, the Permanent Subcommittee 
     on Investigations of the Committee on Governmental Affairs;
       Whereas, pursuant to sections 703(a) and 704(a)(2) of the 
     Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a) 
     and 288c(a)(2), the Senate may direct its counsel to 
     represent

[[Page 13898]]

     employees of the Senate with respect to any subpoena, order, 
     or request for testimony relating to their official 
     responsibilities;
       Whereas, by the privileges of the Senate of the United 
     States and Rule XI of the Standing Rules of the Senate, no 
     evidence under the control or in the possession of the Senate 
     can, by administrative or judicial process, be taken from 
     such control or possession but by permission of the Senate;
       Whereas, when it appears that evidence under the control or 
     in the possession of the Senate is needed for the promotion 
     of justice, the Senate will take such action as will promote 
     the ends of justice consistent with the privileges of the 
     Senate: Now, therefore, be it
       Resolved, That Tim Henseler and Jim Pittrizzi are 
     authorized to testify in the case of United States v. Daniel 
     Bayly, et al., except concerning matters for which a 
     privilege should be asserted.
       Sec. 2. The Senate Legal counsel is authorized to represent 
     Tim Henseler and Jim Pittrizzi in connection with the 
     testimony authorized in section one of this resolution.
                                 ______
                                 

SENATE RESOLUTION 395--TO AUTHORIZE TESTIMONY, DOCUMENT PRODUCTION, AND 
      LEGAL REPRESENTATION IN ULYSSES J. WARD v. DEP'T OF THE ARMY

  Mr. FRIST (for himself and Mr. Daschle) submitted the following 
resolution; which was considered and agreed to:

                              S. Res. 395

       Whereas, in the case of Ulysses J. Ward v. Dep't of the 
     Army, No. AT-0752-04-0526-I-1, pending before the Merit 
     Systems Protection Board, testimony and documents have been 
     requested from Joshua Thomas, a former employee of the office 
     of Senator Lamar Alexander;
       Whereas, pursuant to sections 703(a) and 704(a)(2) of the 
     Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a) 
     and 288c(a)(2), the Senate may direct its counsel to 
     represent employees of the Senate with respect to any 
     subpoena, order, or request for testimony relating to their 
     official responsibilities;
       Whereas, by the privileges of the Senate of the United 
     States and Rule X1 of the Standing Rules of the Senate, no 
     evidence under the control or in the possession of the Senate 
     may, by the judicial or administrative process, be taken from 
     such control or possession but by permission of the Senate;
       Whereas, when it appears that evidence under the control or 
     in the possession of the Senate may promote the 
     administration of justice, the Senate will take such action 
     as will promote the ends of justice consistently with the 
     privileges of the Senate: Now, therefore, be it
       Resolved, That Joshua Thomas is authorized to testify and 
     produce documents in the case of Ulysses J. Ward v. Dep't of 
     the Army, except concerning matters for which a privilege 
     should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Joshua Thomas in connection with the testimony authorized in 
     section one of this resolution.
                                 ______
                                 

   SENATE RESOLUTION 396--COMMEMORATING THE 150TH ANNIVERSARY OF THE 
             FOUNDING OF THE PENNSYLVANIA STATE UNIVERSITY

  Mr. SANTORUM (for himself and Mr. Specter) submitted the following 
resolution; which was considered and agreed to:

                              S. Res. 396

       Whereas in 1854, the Farmers' High School was founded in 
     Centre County, Pennsylvania in response to the State 
     Agricultural Society's interest in establishing an 
     educational institution to bring general education and modern 
     farming methods to the farmers of the Commonwealth of 
     Pennsylvania;
       Whereas in 1855, the Farmers' High School was granted a 
     permanent charter by the Pennsylvania General Assembly;
       Whereas the Morrill Land-Grant Act of 1862 provided for the 
     distribution of grants of public lands owned by the Federal 
     Government to the States for establishing and maintaining 
     institutions of higher learning;
       Whereas in 1863, the Commonwealth accepted a grant of land 
     provided through such Act, establishing one of the first two 
     land-grant institutions in the United States, and designated 
     the Farmers' High School, renamed the Agricultural College of 
     Pennsylvania, as the Commonwealth's sole land-grant 
     institution;
       Whereas in 1874, the Agricultural College of Pennsylvania 
     was renamed The Pennsylvania State College and in 1953, such 
     was renamed The Pennsylvania State University;
       Whereas with a current enrollment of 83,000, The 
     Pennsylvania State University consists of 11 academic 
     schools, 20 additional campuses located throughout the 
     Commonwealth, the College of Medicine, The Dickinson School 
     of Law, and The Pennsylvania College of Technology;
       Whereas 1 in every 8 Pennsylvanians with a college degree, 
     1 in every 720 Americans, 1 in every 50 engineers, and 1 in 
     every 4 meteorologists are alumni of The Pennsylvania State 
     University;
       Whereas formed in 1870, The Pennsylvania State University 
     Alumni Association is the largest dues-paying alumni 
     association in the nation;
       Whereas The Pennsylvania State University has the largest 
     outreach effort in United States higher education, delivering 
     programs to learners in 87 countries and all 50 States;
       Whereas The Pennsylvania State University consistently 
     ranks in the top 3 universities in terms of SAT scores 
     received from high school seniors;
       Whereas The Pennsylvania State University annually hosts 
     the largest student-run philanthropic event in the world, 
     which benefits the Four Diamonds Fund for families with 
     children being treated for cancer;
       Whereas the missions of instruction, research, outreach and 
     extension continue to be the focus of The Pennsylvania State 
     University;
       Whereas The Pennsylvania State University is renown for the 
     following: the rechargeable heart pacemaker design, the 
     heart-assist pump design, 4 astronauts to have flown in space 
     including the first African-American, and the first 
     institution to offer an Agriculture degree; and
       Whereas The Pennsylvania State University is one of the 
     most highly regarded research universities in the nation, 
     with an outreach extension program that reaches nearly 1 out 
     of 2 Pennsylvanians a year and an undergraduate school of 
     immense scope and popularity: Now, therefore, be it
       Resolved, That the Senate commemorates the 150th 
     anniversary of the founding of The Pennsylvania State 
     University and congratulates its faculty, staff, students, 
     alumni, and friends on the occasion.
                                 ______
                                 

   SENATE RESOLUTION 397--EXPRESSING THE SENSE OF THE SENATE ON THE 
      TRANSITION OF IRAQ TO A CONSTITUTIONALLY ELECTED GOVERNMENT

  Mr. FRIST (for himself, Mr. Daschle, Mr. Lugar, Mr. Sessions, Mr. 
Lieberman, Mr. Graham of South Carolina, and Mr. Biden) submitted the 
following resolution; which was considered and agreed to:

                              S. Res. 397

       Whereas June 30, 2004, marks Iraq's assumption of 
     sovereignty and the beginning of the transition of Iraq to a 
     free and constitutionally elected government, which is to be 
     established by December 31, 2005;
       Whereas the Senate congratulates the Iraqi people, 
     expresses its appreciation to the Iraqi Interim Government, 
     and reaffirms the United States desire for the people of Iraq 
     to live in peace and freedom;
       Whereas the successful transition of Iraq to a 
     constitutionally elected government requires that Iraq 
     develop the capacity to provide security to its citizens, 
     defend its borders, deliver essential services, create a 
     transparent and credible political process, and set the 
     conditions for economic prosperity;
       Whereas the people of Iraq have a long tradition of 
     cultural and technological achievement and a talented and 
     dedicated population;
       Whereas the United States desires peace and prosperity for 
     the citizens of Iraq;
       Whereas more than three decades of dictatorial rule have 
     deprived the people of Iraq of the benefits of that tradition 
     and history, caused extraordinary personal suffering, and 
     robbed the people of Iraq of the opportunity to reach their 
     full potential;
       Whereas establishing security is a prerequisite to the 
     successful transition to democracy and reconstruction of 
     Iraq;
       Whereas providing security to the people of Iraq will 
     require a well-trained and well-equipped police force, a 
     professional military accountable to civilian leadership, the 
     disbanding of militias, and a fair and efficient judicial 
     system;
       Whereas the current program to train and equip Iraq 
     security services could benefit from better vetting of 
     candidates, expanded training time, follow-on field training 
     with experienced police and military professionals, and the 
     accelerated provision of equipment and resources;
       Whereas the administration of the institutions of 
     government and the delivery of essential services in Iraq 
     will require technical expertise and training not yet fully 
     developed in Iraq;
       Whereas Iraq faces a shortage of essential services, 
     including sanitation, safe water, and a reliable supply of 
     electricity;
       Whereas economic prosperity in Iraq will require viable 
     financial institutions, conditions that encourage private 
     investment, and the significant reduction of foreign debt 
     incurred by the regime of Saddam Hussein;
       Whereas the people of Iraq were the victims of three 
     decades of economic mismanagement under the regime of Saddam 
     Hussein, and have inherited $120,000,000,000 in debt incurred 
     by that regime;
       Whereas Prime Minister Allawi has requested assistance from 
     the international community to aid in the rebuilding and 
     security of Iraq, including assistance from the neighbors of 
     Iraq to improve intelligence-

[[Page 13899]]

     sharing and to tighten controls of the borders with Iraq in 
     order to prevent the infiltration of terrorists and illicit 
     goods, and assistance from the North Atlantic Treaty 
     Organization (NATO) to train and equip Iraqi Security Forces;
       Whereas the international community, through a unanimous 
     vote of the United Nations Security Council in Resolution 
     1546 (2004), called on United Nations member states and 
     international and regional organizations to contribute to a 
     multinational force in Iraq and a dedicated force to provide 
     security for the United Nations presence in Iraq, to help 
     Iraq build the capability of its security forces and 
     governing institutions, to aid in rebuilding the capacity for 
     governance in Iraq, and to commit additional resources to 
     reconstruct and develop the economy of Iraq;
       Whereas since the adoption of United Nations Security 
     Council Resolution 1546, some members of the international 
     community who have long expressed concern for the plight of 
     the people of Iraq, and who voted for the adoption of the 
     Resolution in the Security Council, have failed to respond to 
     the urgent needs of the people of Iraq;
       Whereas improved security in Iraq and the increased 
     capacity of the people of Iraq to provide essential services 
     will reduce the burdens on United States military personnel 
     in the region;
       Whereas the United States supports the determination of the 
     Iraqi Interim Government to defeat the loyalists to Saddam 
     Hussein, radical militias, common criminals, and terrorists 
     who make up the insurgency in Iraq;
       Whereas the United States is committed to assisting Iraq in 
     reasserting its full sovereignty, consistent with United 
     Nations Security Council Resolution 1546;
       Whereas the Senate acknowledges the efforts and sacrifices 
     of the Armed Forces, other employees of the United States 
     Government, contractors, and their counterparts in the 
     coalition to promote Iraq's security, recovery, and 
     transition; and
       Whereas the United States and other members of the 
     international community have a profound stake in the success 
     of the transition of Iraq to a constitutionally elected 
     government: Now, therefore, be it
       Resolved, That it is the sense of the Senate that--
       (1) the members of the Armed Forces and their families have 
     performed courageously and nobly and have earned the deep 
     gratitude of the people of the United States;
       (2) success in Iraq is a global priority and therefore 
     demands cooperation from all states and international 
     organizations;
       (3) states and international organizations should fulfill 
     their commitments to contribute what resources and skills 
     they can to the establishment and security of an independent 
     Iraq with a constitutionally elected government;
       (4) states and international organizations should fulfill 
     the financial commitments they have already made to the 
     reconstruction of Iraq;
       (5) the international community should establish, to the 
     highest standards, additional police training academies 
     inside and outside of Iraq, contribute additional trainers to 
     those academies, and dedicate experienced police to train 
     Iraq police officers in the field;
       (6) the North Atlantic Treaty Organization (NATO) is 
     uniquely qualified to respond to the call for assistance in 
     United Nations Security Council Resolution 1546 (2004) to 
     meet the needs of the people of Iraq for security and 
     stability, including by assisting in training the Iraq 
     military, providing security for elections in Iraq, and 
     helping secure the borders of Iraq and should, therefore, 
     respond positively to the request of Interim Iraqi Prime 
     Minister Allawi to provide training, equipment, and other 
     forms of technical assistance that his government determines 
     is appropriate to help Iraq's security forces defeat 
     terrorism and reduce Iraq's reliance on foreign forces;
       (7) in order to ensure that the United Nations can play the 
     leading role called for by United Nations Security Council 
     Resolution 1546, member states should contribute additional 
     military and security forces, and other resources as 
     appropriate, to provide security for a United Nations 
     presence in Iraq;
       (8) countries unable to contribute security personnel to 
     help stabilize Iraq should contribute to the transition of 
     Iraq in other ways, including by providing technical experts, 
     civil engineers, municipal management advisers, and to fill 
     other needs requested by the Iraqi government;
       (9) countries holding debt incurred under the Saddam 
     Hussein regime should meaningfully reduce amounts of that 
     debt;
       (10) the United States is committed to a free and peaceful 
     Iraq; and
       (11) it is appropriate to thank coalition partners and 
     other countries that have helped promote security, stability, 
     reconstruction, and democracy in Iraq.
                                 ______
                                 

     SENATE CONCURRENT RESOLUTION 120--PROVIDING FOR A CONDITIONAL 
  ADJOURNMENT OR RECESS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES

  Mr. FRIST submitted the following concurrent resolution; which was 
considered and agreed to:

                            S. Con. Res. 120

       Resolved by the Senate (the House of Representatives 
     concurring), That when the Senate recesses or adjourns on any 
     day from Thursday, June 24, 2004, through Monday, June 28, 
     2004, on a motion offered pursuant to this concurrent 
     resolution by its Majority Leader or his designee, it stand 
     recessed or adjourned until noon on Tuesday, July 6, 2004, or 
     at such other time on that day as may be specified by its 
     Majority Leader or his designee in the motion to recess or 
     adjourn, or until the time of any reassembly pursuant to 
     section 2 of this concurrent resolution, whichever occurs 
     first; and that when the House adjourns on the legislative 
     day of Thursday, June 24, 2004, or Friday, June 25, 2004, on 
     a motion offered pursuant to this concurrent resolution by 
     its Majority Leader or his designee, it stand adjourned until 
     2:00 p.m. on Tuesday, July 6, 2004, or until the time of any 
     reassembly pursuant to section 2 of this concurrent 
     resolution, whichever occurs first.
       Sec. 2. The Majority Leader of the Senate and the Speaker 
     of the House, or their respective designees, acting jointly 
     after consultation with the Minority Leader of the Senate and 
     the Minority Leader of the House, shall notify the Members of 
     the Senate and the House, respectively, to reassemble at such 
     place and time as they may designate whenever, in their 
     opinion, the public interest shall warrant it.

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