Orrin Hatch

Mr. HATCH

Mr. HATCH. Madam President, I ask unanimous consent that the Senate now proceed to a period of morning business with Senators permitted to speak for up to 10 minutes each.

Mr. HATCH. Madam President, I suggest the absence of a quorum.

Mr. HATCH

Mr. HATCH. Mr. President, some ask what is the hardest duty that a Senator faces. This is that task. Today, I rise with heavy heart to pay tribute to another son of Utah who has made the ultimate sacrifice so that others may be free. This patriot's name was SSG Clint Ferrin, he was a member of the elite, the 82nd Airborne Division. To all that knew him he exceeded, in every way, his division's motto: He was truly an ``All American.'' We, the citizens of the State of Utah, had the privilege of knowing Sergeant Ferrin as he grew up in Garland and Ogden. His commitment to service started at a young age when he became an Eagle Scout. That commitment to service, to helping others and truly making a difference was reflected in his choice to become a solider. But he was not just a soldier, he was a paratrooper, knowing full well that when a challenge faced our Nation he would be one of the first to be called. This was reflected in where he served: Afghanistan, Kosovo, Bosnia, Africa, and finally Iraq. These will be trying times for his wife, his son, age 7, and his daughter, age 3. But they should know this: though we can do little to alleviate your loss, we will always honor Sergeant Ferrin, he was a true ``All-American'' and a hero when his Nation needed them most. And so, another name has been added to Utah's List of Honor: SSG Clint D. Ferrin of the Army's 82 Airborne Division. His name and the service he performed is something that I shall never forget. I shall always honor him and his family.

Mr. HATCH

Mr. HATCH. Mr. President, I rise today to pay special tribute to an outstanding group of public servants--the Girl Scouts of the USA--who today celebrate the 92nd birthday of their organization. Founded in 1912 by Juliette Gordon Low in Savannah, GA, Girl Scouts is the world's pre-eminent organization dedicated solely to girls--all girls--where they can build character and skills for success in the real world. Partnered with committed adult volunteers, Girl Scouts cultivate their full individual potential through learning and experience. The qualities they develop in Girl Scouting--leadership, values, social conscience, and conviction about their own self-worth-- serve and benefit them all their lives. Nationwide today there are more than 3.7 million Girl Scouts--2.8 million girl members and 942,000 adult members. Through its membership in the World Association of Girl Guides and Girl Scouts, Girl Scouts of the USA is part of a worldwide family of 8.5 million girls and adults in 140 countries. Today's Girl Scouts receive interactive training and experience in such areas as: leadership; math; science and technology; diversity; financial literacy; health, fitness and sports; environmental education; the arts; global awareness; and safety. Our children's safety is a matter of great concern to me. You may remember a wave of child abductions not too long ago, including the kidnapping of Elizabeth Smart in my own home State of Utah, which highlighted the need to enhance our ability to protect our Nation's children. Last year, I introduced the PROTECT Act of 2003, an Act to prevent child abduction and the sexual exploitation of children, which was signed into law by President Bush in April. This legislation included the AMBER Alert system program, which has proven to be a valuable tool in the rescue of abducted children. AMBER Alert systems are critical to successful search and recovery efforts because they enable law enforcement authorities to galvanize entire communities to assist in the safe recovery of child victims. Elizabeth's disappearance raised awareness of this type of crime nationwide. Our entire Nation rejoiced with the Smart family after Elizabeth was found alive and reunited with her loved ones. Her discovery, facilitated by everyday citizens who had followed this case, demonstrates the importance of getting information about these disappearances out to the public quickly, and what accomplishments can be achieved when communities partner together. Today, Girl Scouts of Utah will be celebrating the miracle of Elizabeth Smart's return to her family, and the Girl Scouts of the USA's 92nd birthday, by organizing a statewide safety awareness campaign--Partners In safety. Ed and Lois Smart, Elizabeth's parents, are the honorary chairs of this campaign. Although today kicks off an ongoing focus on safety rather than just a one-day event, Utah communities are invited to open house events on that date. Currently there are more than 25 open house locations in the state of Utah; and a variety of organizations state-wide have enlisted to participate as community sponsors in company with law enforcement and local governments. There will be a variety of safety-related activities at each site, and each participating agency will have a pledge poster so everyone in the community can sign and pledge safety on behalf of those they love. We all care about the safety of our youth. The goal of Partners In Safety is to bring us all together to deliver the message of safety. I encourage everyone dedicated to safety to pledge to make a difference in your community by reaching the youth you know--talk to your children, grandchildren, students, teammates, troops, packs and church groups. Begun by Ogden volunteers, Girl Scouts of Utah has been in existence since 1920 and has been committed to principles of pluralism, respect, and community service since inception. Utah Girl Scouts have delivered hand-made quilts to hospitals around Utah, decorated Christmas trees for the Festival of Trees, organized and attended hundreds of community service projects, increased their knowledge of finance during the Girl Scout cookie sale, learned about themselves and others, gained more respect for diversity, and participated in initiatives in science, sports, leadership, environmental education, and outdoor exploration. Recently, Girl Scouts of Utah was named a proud recipient of the 2004 Martin Luther King, Jr. Drum Major Award from the Utah Human Rights Commission in recognition of their steadfast devotion to diversity. Utah Girl Scouts have gotten a jump start on their way to becoming happy, committed, and resourceful citizens. Throughout its long history, Girl Scouts experienced many milestones made possible by the strength and dedication of countless farsighted individuals--mostly volunteers--who tirelessly served girls and promoted Girl Scouting. We simply have no greater resource than our children; they represent our Nation's future. I commend the Girl Scouts of the USA for their tireless efforts on behalf of our children and families.

Mr. HATCH

Mr. HATCH. Mr. President, since the September 11th attacks against our Nation, each of us is more conscious of our individual safety and security. No example hit closer to home than when anthrax-infected letters made their way into Senators' offices. Senators, Representatives and staffers were forced to vacate offices, advised to take strong antibiotics, and faced with the uncertainty of whether they contracted a life-threatening disease. In response to this vulnerability that is now inherent in our everyday lives, Congress has beefed up law enforcement and intelligence tools to combat terrorism better. The key to fighting terrorism is to target those planning terrorist acts and capture them before they can realize their horrific goals. Our law enforcement communities have utilized the new tools we have provided them to respond in a dedicated and professional way to these new challenges. Unfortunately, we are beginning to see a number of instances where cruel and depraved individuals have engaged in terrorist hoaxes. For example, people have sent letters containing powder or sugar and a note stating that the recipient has now been infected by anthrax. These hoaxes are more than a bad joke. They require a substantial and costly response--evacuation of buildings, emergency medical tests or treatment, and laboratory action. Hoaxes like these, which mimic terrorist acts, undermine public confidence by spreading panic and fear, and drain valuable resources from Federal, State, and local government agencies which must respond to the hoax. Under current Federal law, it is a felony to perpetrate certain hoaxes, such as saying there is a bomb on an airplane. It is also illegal to communicate a threat using the facilities of interstate commerce that could cause personal injury to someone. However, because hoaxes related to anthrax or other Federal crimes do not always contain specific threats, they may not be covered by current federal law. The Congressional Research Service has noted that this is a gap within the current Federal code. Clearly, there is a need for tough legislation to reflect the seriousness of this type of crime. This is why Senators Schumer, Cornyn, Feinstein and I are introducing the Stop Terrorist and Military Hoaxes Act of 2004. The legislation criminalizes conduct that conveys false or misleading information under circumstances where such information may reasonably be believed. The bill covers hoaxes related to biological, chemical, or nuclear weapons and other federal crimes that do not contain specific or express threats. In addition, this bill criminalizes intentionally false statements concerning the death, injury, capture or disappearance of a member of the United States Armed Forces. During the recent liberation of Iraq, there were several cruel hoaxes played on family members of those who were risking their very lives in the service of our country. Family members sacrifice alongside service men and women who place their lives in danger in the service of our country. Those family members deserve to be treated with respect and should be free from these cruel deceptions. This bill makes sure that these malicious pranks can be punished appropriately. America is engaged in a war on terrorisms. In addition to protecting our citizens from terrorist acts, we also need to take measures to ensure that our law enforcement resources are not needlessly wasted by responding to these offensive and expensive terrorist hoaxes. I urge my colleagues to support this measure.

Mr. HATCH

Mr. HATCH. Mr. President, I speak on Senate amendment 2759, which Senator Kohl and I introduced to restore juvenile justice funding to the Department of Justice. The proposed amendment would increase the administration of justice function by $122 million and offset the allowances function of the budget. The prevalence of justice crime continues to be among the greatest criminal justice challenges faced by our nation, and a major concern to every parent. In 2002, juveniles accounted for 16.5 percent of all criminal arrests in the United States. Persons under 18 committed 10 percent of all murders, over 17 percent of all rapes, nearly 24 percent of all robberies, and 50 percent of all arsons. Additionally, in 2002, 101 juveniles under 15 were arrested for murder. Juveniles under 15 were responsible for six percent of all rapes, 11 percent of all burglaries, and one-third of all arsons. And, unbelievably, juveniles under 15--who are not old enough to legally drive in any state--in 2002 were responsible for 8 percent of all auto thefts. To put this in some context, consider this: in 2002, youngsters age 15 to 18, who are only seven percent of the population, committed 16.5 percent of all crimes. Even with recent modest reductions in the juvenile crime rate, I believe that there is strong potential for significant increases in juvenile crime above already too-high rates as the children of the baby boom generation are coming into the prime age for criminal activity. The national juvenile crime problem required a change in the Federal approach, which the Congress addressed in the 107th Congress. As one of the primary authors of the reauthorization of the Juvenile Justice and Delinquency Prevention Act of 1974 which passed last Congress, I focused this act works on reducing juvenile delinquency while adequately addressing the needs of juvenile offenders. Moreover, those reforms made federal policy on juvenile crime consistent with the realities of the problem. As part of the reauthorization, we restructured juvenile justice assistance programs, including the Juvenile Accountability Incentive Block Grant, JABG, Program. The reauthorization reformed the federal role in the nation's juvenile justice system by providing relief from burdensome federal mandates and authorizing block grant assistance to states and local governments, which includes accountability-based juvenile justice programs. These grants have been successful in reducing the recidivism rate of juveniles by up to 70%. Another major component of juvenile assistance, delinquency prevention, was also strengthened in the reauthorization. Delinquency prevention funding supports valuable mentoring programs, after school programs, therapy and other services for troubled children. These programs offer education and community activities to deter children from drugs, gangs, and other opportunities to engage in criminal behavior. The authorization strengthened the act, and authorized it at $350 million each year. Despite Congressional authorization, the President has requested drastically reduced levels for juvenile justice for the past 3 years. Overall funding has been cut by almost two-thirds. According to the President's budget request for Fiscal Year 2005, juvenile justice programs are to receive $150 million less than the congressionally- authorized amount. The Kohl-Hatch amendment would restore juvenile justice funding to the same level it was in Fiscal Year 2004--$320 million which is still under the authorized amount. I urge my colleagues to support this much needed amendment to the Budget Resolution. We must put stock in our children and help them stay away from a life of crime. amendment no. 2771

Mr. HATCH. Mr. President, I discuss Senate Amendment 2771, an amendment I propose to the budget resolution. This amendment seeks to restore $600 million to the Department of Justice's Office of Justice Programs for law enforcement assistance. The Office of Justice Assistance provides grants to the states and localities to aid law enforcement officers in the fight against crime. In addition to the COPS Office grants, the Office of Justice Programs offers states the Byrne Grant program and the Local Law Enforcement Block Grant, LLEBG Program, both of which have dramatically increased the capabilities and effectiveness of state and local law enforcement agencies. Despite this tremendous help to our states, the President has not requested any money specifically for the Byrne Grant program or the Local Law Enforcement Block Grant, LLEBG program in the Fiscal Year 2005 budget request. As he has done for the past 2 years, the President proposes, and the budget resolution recommends, to consolidate these grant programs into one Justice Assistance Grant Program. However, in the process of consolidation, the new proposal seeks to eliminate a number of components of these grant programs. In addition, the budget proposes to reduce funding for COPS, thus reducing overall law enforcement assistance funding by 63 percent, or just over $1.035 billion. The Byrne Grant program funds a number of successful crime reduction programs and is the Department of Justice's most flexible assistance account. Without these funds, many states would not be able to focus their resources at or operate specific programs. For example, in my own state of Utah, Byrne Grants provide the majority of funding for multijurisdictional drug task forces and DARE training. I am concerned that without these task forces, Utah's ability to wage the war against drugs would be seriously diminished. Byrne Grants assist many states in controlling and preventing drug abuse, crime, and violence, and in improving the functioning of the criminal justice system. Currently, Byrne Grants have 29 specific purpose areas to combat drugs, gangs, financial and white collar crimes, and to improve the court system, the correctional facilities, and forensic capabilities. The proposed Justice Assistance Grant would only have six purpose areas. Many functions covered under the Byrne grants would no longer be eligible for much needed funds. The Local Law Enforcement Block Grant program has also been successful by offering state and local law enforcement agencies the ability to hire officers and purchase needed equipment. These programs have made it possible for local police and sheriffs departments to acquire efficiency-enhancing technology and equipment. Without these funds, our law enforcement offices would loose valuable equipment which has been able to enhance their crime fighting objectives. My amendment seeks to restore local law enforcement assistance back to the Fiscal Year 2004 level. In order to do this, I am requesting that the offset come from function 800 in the budget resolution, general Government. As many of you know, the Department of Treasury is funded under this function. The Department of Treasury has $11.658 billion in discretionary budget authority for Fiscal Year 2005. In Fiscal Year 2001, the Department of Treasury had $10.332 billion in discretionary budget authority. I recognize the needs of the Internal Revenue Service to modernize its systems, to fight abusive tax shelters, to reduce the tax gap, and to provide service to taxpayers. However, despite the increased needs of the IRS, because of the reorganization the Department of Treasury has lost two major components since 2001--the United States Secret Service and the Bureau of Alcohol, Tobacco, and Firearms. These two agencies had a combined budget of $1.584 billion in Fiscal Year 2001. With a significant reduction in resources, one would imagine that the Department of Treasury's budget would have significantly decreased as well. However, instead of seeing a decrease in budget authority, of at least $1.584 billion, the Department of Treasury's budget has continued to increase since Fiscal Year 2001. In light of this, my amendment proposes to offset funds for the Office of Justice Programs with funds from Treasury that previously went towards major law enforcement agencies. I hope that the appropriators will continue to fund the Byrne Grants and the Local Law Enforcement Block Grants at the same level they have in the past. However, there will not be room in the budget for them to do so unless my amendment passes. These highly successful and popular programs provide needed assistance to state and local law enforcement for a wide variety of programs and services. Eliminating these programs represents a severe blow to federal efforts to assist our communities in the war against crime. I urge my colleagues to support this amendment. amendment no. 2793

Mr. HATCH. Mr. President, I rise to discuss Senator Dorgan's amendment to S. Con. Res. 95, the budget resolution. Although I am highly supportive of increased funding for law enforcement assistance, I cannot support this amendment. This amendment proposes to reduce unnecessarily the tax cut in order to achieve the important goal of enhancing law enforcement efforts. As I have stated before, I am supportive of existing Federal assistance to law enforcement officers, such as the Byrne grants, the Local Law Enforcement Block grants, and the COPS grants. These highly successful, effective and popular programs provide needed assistance to state and local law enforcement for a wide variety of programs and services. Eliminating funding for these programs represents a severe blow to communities and neighborhoods across the country desperately in need of Federal resources to win the war against crime. In fact, I have filed my own amendment--with Senator Biden's support--to restore the Office of Justice Programs' law enforcement assistance to the same level as that in Fiscal Year 2004. However, my amendment does not reduce the tax cut. It simply allocates funds from other areas of the budget. That being said, I cannot vote for a reduction in the tax cut. A $2.2 billion reduction in the tax cut affecting the top 1 percent of taxpayers may seem like a good idea to some. However, as many Senators on my side of the aisle have pointed out, a high percentage of small businesses pay taxes at the individual level, not as corporations. These include sole proprietorships, partnerships, S corporations, and limited liability companies. Smaller businesses are the engine of job creation in this country. Why in the world, during this time when jobs are very much needed, would we want to harm the potential for some of these businesses to expand and create more jobs? Under today's law, the top individual tax rate is 35 percent, the same tax rate that corporations pay. Because so many privately-held businesses do pay tax at the individual and not the corporate rate, it is important that we keep this parity in the tax law. This amendment would raise the individual rate above the corporate rate and once again introduce a disparity in the tax rates on businesses in this country. This would be poor public policy so I must oppose it. In conclusion, I urge my colleagues to support my amendment which does not affect the tax cut, and not to support Senator Dorgan's amendment. amendment no. 2783

Mr. HATCH

Mr. HATCH. Mr. President, I am grateful for the opportunity today to pay tribute to a wonderful woman, dedicated public servant, and loyal staff member--Mrs. Jeannine Holt. Jeannine has been my Southern Utah Area Director for 27 years, and is now retiring to enjoy the many wonderful things that life has to offer. Jeannine has done a tremendous job in serving thousands of Utahns who needed assistance, direction, or just a listening ear. Jeannine has worked on many important issues affecting our State including lands issues, private property rights, and health care. In recent years she played a pivotal role in helping southern Utah citizens receive compensation from the government for exposure to radiation. Her guidance has helped literally hundreds of radiation exposure victims and their families navigate the complicated process to receive some financial relief for the awful illnesses many have experienced. Jeannine is a real southern Utah ``treasure.'' She has always been an integral force in her community serving on various boards and committees including the Dixie State College Board of Trustees, the State Fair Board, the St. George Chamber of Commerce Board, and on the Rotary Bowl Committee. In addition, she has actively and energetically promoted the tourism industry in Utah's Dixie and has shared her love for the red rock canyons and sun-drenched lands of St. George and its surrounding areas with people she meets each day. Jeannine's love and loyalty for the republican philosophy has been evident in the many years she has served promoting the ideals and values of the Republican party. She has literally donated thousands of hours working for candidates, and campaigns who share her commitment to Republican principles. For 20 years she has served as the vice chairwoman of the Washington County Republican Party, a position she has undertaken with distinction and honor. Jeannine was also one of the founding members of the Women's Conference in Dixie, a conference which brings together hundreds of women each year from all over southern Utah to discuss important issues affecting the health and well-being of women and families. From its inception 18 years ago to today, this conference has established itself as an important forum for women from all over southern Utah to attend and enjoy. In addition to the service she has rendered in the community and on my staff, Jeannine is a loving wife to her husband Stan. They have worked side-by-side for many years on projects benefitting their community and have buoyed each other up through life's twists and turns. Jeannine is also a loving mother of 3 and grandmother of 6. I am grateful for the service that Jeannine Holt has given to me, to her community and to the State. She has been by my side for many years and has always been a vital component of my Senate organization. I will miss her tremendously but know that life holds many wonderful things for her to savor and enjoy. Jeannine Holt is a dedicated public servant, fervently patriotic American, and loyal and cherished friend. I want to wish her the very best in retirement and pray for her continued good health, success and happiness.

Mr. HATCH

Mr. HATCH. Mr. President, since the September 11th attacks against our Nation, each of us is more conscious of our individual safety and security. No example hit closer to home than when anthrax-infected letters made their way into Senators' offices. Senators, Representatives and staffers were forced to vacate offices, advised to take strong antibiotics, and faced with the uncertainty of whether they contracted a life-threatening disease. In response to this vulnerability that is now inherent in our everyday lives, Congress has beefed up law enforcement and intelligence tools to combat terrorism better. The key to fighting terrorism is to target those planning terrorist acts and capture them before they can realize their horrific goals. Our law enforcement communities have utilized the new tools we have provided them to respond in a dedicated and professional way to these new challenges. Unfortunately, we are beginning to see a number of instances where cruel and depraved individuals have engaged in terrorist hoaxes. For example, people have sent letters containing powder or sugar and a note stating that the recipient has now been infected by anthrax. These hoaxes are more than a bad joke. They require a substantial and costly response--evacuation of buildings, emergency medical tests or treatment, and laboratory action. Hoaxes like these, which mimic terrorist acts, undermine public confidence by spreading panic and fear, and drain valuable resources from Federal, State, and local government agencies which must respond to the hoax. Under current Federal law, it is a felony to perpetrate certain hoaxes, such as saying there is a bomb on an airplane. It is also illegal to communicate a threat using the facilities of interstate commerce that could cause personal injury to someone. However, because hoaxes related to anthrax or other Federal crimes do not always contain specific threats, they may not be covered by current federal law. The Congressional Research Service has noted that this is a gap within the current Federal code. Clearly, there is a need for tough legislation to reflect the seriousness of this type of crime. This is why Senators Schumer, Cornyn, Feinstein and I are introducing the Stop Terrorist and Military Hoaxes Act of 2004. The legislation criminalizes conduct that conveys false or misleading information under circumstances where such information may reasonably be believed. The bill covers hoaxes related to biological, chemical, or nuclear weapons and other federal crimes that do not contain specific or express threats. In addition, this bill criminalizes intentionally false statements concerning the death, injury, capture or disappearance of a member of the United States Armed Forces. During the recent liberation of Iraq, there were several cruel hoaxes played on family members of those who were risking their very lives in the service of our country. Family members sacrifice alongside service men and women who place their lives in danger in the service of our country. Those family members deserve to be treated with respect and should be free from these cruel deceptions. This bill makes sure that these malicious pranks can be punished appropriately. America is engaged in a war on terrorisms. In addition to protecting our citizens from terrorist acts, we also need to take measures to ensure that our law enforcement resources are not needlessly wasted by responding to these offensive and expensive terrorist hoaxes. I urge my colleagues to support this measure.

Mr. HATCH

Mr. HATCH. Mr. President, I rise to introduce the Cooperative Research and Technology Enhancement Act of 2004 (the CREATE Act). This bill makes a narrow, but important change in our patent laws to ensure that the American public will benefit from the results of collaborative research efforts that combine the erudition of great public universities with the entrepreneurial savvy of private enterprises. Together, our universities and private enterprises have created a culture of innovation that has become America's greatest asset in an increasingly global economy. This culture of innovation encourages fundamental research--knowledge for its own sake. It also encourages the hard work needed to incorporate new advances in technology into actual products that reach the market and benefit consumers. While universities and private entrepreneurs can play complementary roles in our innovation economy, new opportunities to innovate arise when public institutions and private entrepreneurs combine their respective forms of expertise in collaborative, joint research efforts. President Lincoln would surely agree that this type of joint private- public research effort is well-suited to add ``the fuel of interest to the fire of genius in the production of new and useful things.'' As a result, we have long realized the enormous value of these joint research efforts, and we have long realized that their potential cannot be realized unless their participants can benefit from the intellectual property rights generated by such research. Unfortunately, the literal language of Section 102(g) of the Patent Act suggests that non-public information known to some members of a private-public research team can constitute ``prior art'' that may make the final results of the team research obvious, and thus not patentable. Because non-public information does not usually constitute ``prior art'' under the Patent Act, the potentially disparate treatment of such information crates a disincentive for entrepreneurs and public institutions to collaborate in joint research efforts. I believe that we must encourage--not discourage--public institutions and private entrepreneurs to combine their respective talents in joint research efforts. Indeed, Congress committed itself to this principle when it passed the Bayh-Dole Amendments to the Patent Act. The CREATE Act will simply conform the present language of the Patent Act to the intent that has always animated it. For the above reasons, I urge my colleagues to support the Cooperative Research and Technology Enhancement Act of 2004. I also thank my colleagues in the House Committee on the Judiciary, particularly Subcommittee Chairman Lamar Smith and Chairman James Sensenbrenner, for their groundbreaking work on this important issue. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. HATCH

Mr. HATCH. Mr. President, I rise to introduce the Cooperative Research and Technology Enhancement Act of 2004 (the CREATE Act). This bill makes a narrow, but important change in our patent laws to ensure that the American public will benefit from the results of collaborative research efforts that combine the erudition of great public universities with the entrepreneurial savvy of private enterprises. Together, our universities and private enterprises have created a culture of innovation that has become America's greatest asset in an increasingly global economy. This culture of innovation encourages fundamental research--knowledge for its own sake. It also encourages the hard work needed to incorporate new advances in technology into actual products that reach the market and benefit consumers. While universities and private entrepreneurs can play complementary roles in our innovation economy, new opportunities to innovate arise when public institutions and private entrepreneurs combine their respective forms of expertise in collaborative, joint research efforts. President Lincoln would surely agree that this type of joint private- public research effort is well-suited to add ``the fuel of interest to the fire of genius in the production of new and useful things.'' As a result, we have long realized the enormous value of these joint research efforts, and we have long realized that their potential cannot be realized unless their participants can benefit from the intellectual property rights generated by such research. Unfortunately, the literal language of Section 102(g) of the Patent Act suggests that non-public information known to some members of a private-public research team can constitute ``prior art'' that may make the final results of the team research obvious, and thus not patentable. Because non-public information does not usually constitute ``prior art'' under the Patent Act, the potentially disparate treatment of such information crates a disincentive for entrepreneurs and public institutions to collaborate in joint research efforts. I believe that we must encourage--not discourage--public institutions and private entrepreneurs to combine their respective talents in joint research efforts. Indeed, Congress committed itself to this principle when it passed the Bayh-Dole Amendments to the Patent Act. The CREATE Act will simply conform the present language of the Patent Act to the intent that has always animated it. For the above reasons, I urge my colleagues to support the Cooperative Research and Technology Enhancement Act of 2004. I also thank my colleagues in the House Committee on the Judiciary, particularly Subcommittee Chairman Lamar Smith and Chairman James Sensenbrenner, for their groundbreaking work on this important issue. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. HATCH

Mr. HATCH. Madam President, I ask unanimous consent that the Subcommittee on Marketing, Inspection, and Product Promotion of the Committee on Agriculture, Nutrition, and Forestry be allowed to conduct a hearing during the session of the Senate on Thursday, March 4, 2004. The purpose of this hearing will be to discuss the development of a national animal identification plan.

Mr. HATCH. Madam President, I ask unanimous consent that the Subcommittee on Personnel of the Committee on Armed Services be authorized to meet during the session of the Senate on March 4, 2004, at 2:30 p.m., in open session to receive testimony on compensation, benefits and health care for active and reserve military personnel and their families, in review of the defense authorization request for fiscal year 2005.

Mr. HATCH. Madam President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on March 4, 2004, at 9:30 a.m., in open and closed session to receive testimony on Military Strategy and Operational Requirements, in review of the Defense Authorization Request for fiscal year 2005.

Mr. HATCH. Madam President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on Thursday, March 4, 2004, at 2:30 p.m., on the nominations of Rhonda Keenum, to be Assistant Secretary and Director General of the U.S. and Foreign Commercial Service for the Department of Commerce, Linda Combs, to be Assistant Secretary for Budget and Programs and Chief Financial Officer for the Department of Transportation, Douglas Buttrey and Francis Mulvey, to be Members of the Surface Transportation Board, in SR-253.

Mr. HATCH. Madam President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Thursday, March 4th at 10 a.m. The purpose of the hearing is to review the Energy Information Administration (EIA) Annual Energy Outlook 2004 Report regarding the supply, demand and price projections for oil, natural gas, nuclear, coal and renewable resources, focusing on oil and natural gas. In addition, commercial and market perspectives on the state of oil and natural gas markets will be considered.

Mr. HATCH. Madam President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, March 4, 2004, at 9:30 a.m. to hold a Business Meeting.

Mr. HATCH. Madam President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, March 4, 2004, at 2:30 p.m. to hold a Subcommittee hearing on Hong Kong.

Mr. HATCH. Madam President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions be authorized to meet for a hearing on Higher Education and the Workforce: Issues for Reauthorization of the Higher Education Act during the session of the Senate on Thursday, March 4, 2004, at 10 a.m. in SD-430.

Mr. HATCH. Madam President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a markup on Thursday, March 4, 2004, at 9:30 a.m., in Dirksen Senate Building Room 226 Agenda I. Nominations: Henry W. Saad to be U.S. Circuit Judge for the Sixth Circuit; William James Haynes II to be U.S. Circuit Judge for the Fourth Circuit; Raymond W. Gruender to be U.S. Circuit Judge for the Eighth Circuit; Franklin S. Van Antwerpen to be U.S. Circuit Judge for the Third Circuit; Diane S. Sykes to be U.S. Circuit Judge for the Seventh Circuit; Louis Guirola, Jr., to be U.S. Circuit Judge for the Southern District of Mississippi; Judith C. Herrera to be U.S. District Judge for the District of New Mexico; Virginia E. Hopkins to be U.S. District Judge for the Northern District of Alabama; Kenneth M. Karas to be U.S. District Judge for the Southern District of New York; F. Dennis Saylor to be U.S. District Judge for the District of Massachusetts; Sandra L. Townes to be U.S. District Judge for the Eastern District of New York; Ricardo S. Martinez to be U.S. District Judge for the Western District of Washington; Gene E.K. Pratter to be U.S. District Judge for the Eastern District of Pennsylvania; Neil Vincent Wake to be U.S. District Judge for the District of Arizona; William S. Duffey, Jr., to be U.S. District Judge for the Northern District of Georgia; James L. Robart to be U.S. District Judge for the Western District of Washington; Juan R. Sanchez to be U.S. District Judge for the Eastern District of Pennsylvania; Lawrence F. Stengel to be U.S. District Judge for the Eastern District of Pennsylvania; Michele M. Leonhart to be Deputy Administrator of Drug Enforcement; Domingo S. Herraiz to be Director of the Bureau of Justice Assistance Department of Justice; LaFayette Collins to be U.S. Marshal for the Western District of Texas, and Ronald J. Tenpas to be U.S. Attorney for the Southern District of Illinois. II. Executive Session.

Mr. HATCH. Madam President, I ask unanimous consent that the Committee on Veterans' Affairs be authorized to meet during the session of the Senate on Thursday, March 4, 2004, for a joint hearing with the House of Representatives Committee on Veterans' Affairs, to hear the legislative presentations of the Non-Commissioned Officers Association, the Military Order of the Purple Heart, the Paralyzed Veterans of America, Jewish War Veterans, and Blinded Veterans Association. The hearing will take place in room 345 of the Cannon House Office Building at 10 a.m.

Mr. HATCH. Madam President, I ask unanimous consent that the Select Committee on intelligence be authorized to meet during the session of the Senate on March 4, 2004, at 2:30 p.m., to hold a closed hearing on intelligence matters.

Mr. HATCH. Madam President, I ask unanimous consent that the Subcommittee Energy of the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Thursday, March 4, at 2:30 p.m., to receive testimony regarding new nuclear power generation in the United States.

Mr. HATCH

Mr. HATCH. Mr. President, I have sat here and listened to my two distinguished colleagues on the other side of the aisle. I have to admit I believe the distinguished Senator from Massachusetts is one of our most colorful Senators in the Senate. He is a person I respect, and with whom I have a personal friendship. But that doesn't mean we agree on a lot of the things he says. In fact, we don't. I don't think President Bush has been saying the economy is hunky- dory, to paraphrase what the distinguished Senator from Massachusetts characterized the President as saying. I think the President realizes there have been lots of problems that have arisen, as each President has had to face problems. He has faced them in large measure in a whole variety of ways, but in large measure by cutting taxes, which now happens to be paying off because we have gotten great benefits from the cuts in taxes. Frankly, 125,000 jobs a month are coming back. That is not something to sneer at. I might also mention we get nothing but screams on the other side of the aisle that unemployment compensation isn't being continued. But I remember back in the Clinton administration when unemployment was, I believe, at 9 percent--certainly higher than it is today--and they discontinued unemployment compensation, and they controlled the Senate floor. Today, we have a 5.6-percent unemployment rate, which is one of the lowest we have had in years. If you look at it from the other survey, which I think is probably more accurate, it is probably lower than that. For anybody to say we don't have problems in this society today would be wrong. But we had problems in our society through all of the Clinton years as well. By the way, when President Clinton came into office, we were definitely coming out of a recession, and he reaped the benefits of many of the things that President Bush 1 actually did. He had a number of very good years. I don't believe it was because they increased taxes the way they did. It was because we were already starting to come out of the recession and one of those cyclical periods. Let me just say this: When President Clinton left office, I don't think anybody could deny that in the last year of his term in office we were starting into a recession again, which President Bush inherited. To stand there and blame President Bush for everything that has gone on is wrong, and it shouldn't be done. And to indicate that President Bush says everything is hunky-dory, that there are no problems in our society, is to ignore many of the statements President Bush has made and that his administration has made. If we had listened to our friends on the other side, over the last year alone we would have spent $1 trillion more. Our budget would have been so out of whack we would never get it back. Yet they are trying to tell the American people they are the fiscally responsible party? We can't bring up a spending bill that they don't want to double. They think that is good for the economy. On the minimum wage, look, I suspect minimum wage will be increased this year. I remember only one time when the Senate voted down the minimum wage, and that was because the distinguished Senator from Massachusetts and others tried to overdo it just a short time after the last raise. We are talking about jobs, too. Just remember that every time the minimum wage rate goes up, all kinds of kids--mainly young African- American kids who can't get those starter jobs--wind up being on the unemployment rolls, many of them for the rest of their lives. Some estimate it as high as 600,000 of them every time the minimum wage is increased. I think it is a great argument to argue about the minimum wage and how we want to get people more money, and then turn around and say we are losing jobs in North Carolina and South Carolina without acknowledging the fact that the reason we are is because China is paying people 39 cents an hour for textile work. We are either going to have to have the Federal Government pay to resolve these problems in every way, which would cost billions and billions of dollars more, boosting up one aspect of our economy that basically we have lost because of competition--or, we will all have to begin to understand competition. This country is the most competitive country in the world. We are the most productive country in the world. However, we need to recognize and focus on our strengths. In all honesty, if our friends on the other side are really sincere about creating jobs, why did they refuse to go to conference on the Workforce Investment Act? That bill has been put back light years because of the refusal to go to conference and resolve this matter. This has offended the House and now we may or may not get that bill. That would be a helpful bill with regard to jobs. We should be wary of retaliation. I respect my friend from Connecticut, as well. But sometimes we do not think it through when we do these broad, oversweeping things like preventing government outsourcing. We should be wary of retaliation against United States companies that get awarded foreign government contracts. Let me give a few examples. Entrust is a perfect example. Internet security company Entrust Inc. was awarded a $17.6 million contract by BCE Nexxia for enhanced Internet security software and services for the Canadian Government's Secure Channel project. By the way, you could name dozens of companies that are doing the same. ``The contract is the largest in Entrust's history and reflects how we are collaborating with service providers to deliver solutions tailored to the government, financial and Global 100 enterprise market sectors we announced in early June,'' CEO Bill Conner said in a statement. BCE Nexxia, leading a consortium including BCE Emergis and CGI, was awarded a $37.6 million contract to build and manage a technology infrastructure for the Canadian Government. The company, a division of Bell Canada, provides communications services and operates an IP- broadband network. Bell Canada is 80-percent owned by BCE Inc. of Montreal and 20 percent by SBC Communications Inc. of San Antonio. I could go on and on about this. Computer Sciences Corp. of El Segundo, CA, won a contract to replace Human Resources Development, Canada's network operating system, with new hardware and software, the company announced November 15. Human Resources Development Canada provides Canadians with employment insurance, income security, employment programs, corporate services, and homelessness and labor services using several means, including walk-in services, automated telephone systems, and self-service kiosks. About 26,000 agency employees use the network. The contract includes IT architecture, software license arrangements, server hardware, and services for transition, migration, implementation, support, and maintenance. My gosh, one reason we are trying to do the FSC/ETI-JOBS bill is to jump-start our economy and because we are being assessed $4 billion in trade sanctions if we do not resolve some of these conflicts in our relationship with the E.U. Want to lose jobs? Don't support this bill or keep gumming it up. And we are gumming it up with legislation that literally will cause even more angst and will probably cost us $4 billion in the end. And that means jobs. ``This is an important contract for CSC in the Canadian federal government information technology market and further expands our presence in Ottawa region,'' said Tony Canning, president of CSC's Canadian operations. ``We look forward to serving HRDC in implementing and supporting the state-of-the-art networking system.'' In support of CSC, Compaq Canada Inc., Richmond Hill, Ontario, subsidiary of Houston-based Compaq Computer Corporation, will provide server technology and CDI Corporate Education Services Corporation of Toronto will offer training services. Digimarc ID Systems, a wholly owned subsidiary of Portland-based Digimarc Corporation, has extended an agreement with the Brazilian Government. The Bedford, MA, based--that is a Massachusetts company, by the way-- based subsidiary announced Tuesday the Brazil Federal Police has contracted with Digimarc ID Systems to continue producing the country's alien ID cards. Since 1997, the Brazil Federal Police has issued more than 1.5 million of the cards to people who live in Brazil under work or immigration visas. Digimarc ID Systems provides hardware, software, maintenance, and operations support to the Brazil Federal Police. What are we going to do, have countries all over the world retaliate against us because we are going to have a bill here that is filled up with this type of stuff? Harris Corporation, an international communications equipment company, and RAYLEX S.A, Harris's representative in Chile, announced today the signing of a contract valued at $11 million with the Chilean Government. The contract includes the complete supply and buildout of the world's largest microwave network. The network will cover a total of 4,500 kilometers, interconnecting phone services, data, video conferencing, and other multimedia services for the customer. Extending from Arica in northern Chile to Puerto Mont in the southern part of the country, the network is expected to benefit both cities' metropolitan regions as well as all major cities between Arica and Puerto Mont. We are all concerned about preserving American jobs, but we need to make sure the cure is not worse than the disease. I am getting tired of cheap shots being made against President Bush. I got tired of some that were made against President Clinton and against President Carter, because I was here. It is time to work together and this bill is one of the most important bills in recent history because it will create jobs. It will jump-start the economy. It will save us $4 billion in trade sanctions. It will help us. We should not be debating this for days and days. We ought to pass this bill. We ought to pass this bill and get it going. We have to resolve the conflicts between the House and the Senate. That is always difficult, but we have been able to do it in some of the major bills of the past. It is misleading for people to come to this floor and just chop up the President, who is doing the best he can, and who is a great sponsor and supporter of this particular piece of legislation, which is one of the most important pieces of legislation with regard to jump-starting this economy and jump-starting jobs in this economy. It is time to work together and quit trying to make political points and get something done. I suggest we do a little less screaming on the floor and a little more work and get this bill passed as soon as we possibly can. Amendment No. 2680 to Amendment No. 2660