Jay Rockefeller

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, on January 3, 1959, Robert Carlyle Byrd entered his first term as West Virginia's junior Senator. Today, June 12, 2006, after serving 17,327 days representing West Virginians, Robert C. Byrd is now the longest serving U.S. Senator in our Nation's great history. He has surpassed giants and legends of the Senate to be in a class by himself. Although his 47 plus years and 17,666 votes are what we celebrate today, we also know that he is just as much West Virginia's future as he has been part of its past. During his tenure, Senator Byrd has brought over $1 billion to West Virginia's highways, dams, educational institutions, and more--earning him the moniker of West Virginia's billion-dollar industry. Senator Byrd has also created a number of other health care and educational opportunities across the State such as the Robert C. Byrd Center for Rural Health, based at Marshall University, the Robert C. Byrd Health Sciences Center at West Virginia University, and the Scholastic Recognition Award for West Virginia's public and private school valedictorians. Senator Byrd's projects are so numerous it would take me hours to name them all; however, the improvements he has brought to West Virginia are immeasurable. And West Virginia's future is much brighter as a result of his years of service and his continued desire to work for our State. His dedication to the people of West Virginia is unmatched, and in the years to come, we all look to Senator Byrd to continue to fight for a State that would have much less without him. Today he is working to secure a Federal prison in McDowell County, continuing to improve our State's highways, updating the safety laws for our miners, protecting the checks and balances in our government structure, securing our borders, and creating opportunities for the youth of West Virginia. Sadly, this year, Senator Byrd lost a pillar of strength and the most beloved person in his life--his wife Erma Ora Byrd. When Senator Byrd earned his law degree while serving in Congress, Erma and his children sacrificed time with him for the betterment of our Nation. Erma served as a spiritual companion and as an emotional support for him. When elected as Majority Leader, many said that his life was the Senate, but those who know him, know that the love of his life and his eternal companion truly was Erma. Her values and strengths are those of all West Virginians. She was a coal miner's daughter and a daughter of Appalachia. She provided Senator Byrd with everything he needed throughout his life, and provided unfailing support during his lifetime of public service. Senator Byrd's love for West Virginia and its people is extraordinary. Throughout his unprecedented public service in the West Virginia House of Delegates, the U.S. House of Representatives, and the U.S. Senate, Robert C. Byrd has never lost an election--a tribute to his resounding support in our State of West Virginia and something very few of his colleagues can say. One reason for this perfect record is that he never fails to work for the future of our State--he is on the cutting edge of West Virginia's needs, and he is fast to respond to new problems, such as border security, and homeland security, with new solutions. Senator Byrd's contributions to this country extend far past West Virginia's mountains. He has served as a leader on the Senate Appropriations Committee, worked to create a Federal compensation system for black lung victims, worked to secure passage of the Panama Canal treaties, led the effort to pass legislation keeping the Social Security system solvent, worked to ratify the INF treaty with the Soviet Union, went to court to block the recently passed line-item veto, among many other historic pieces of legislation, treaties, nominations, and resolutions. Most recently, Senator Byrd has worked tirelessly to help pass the MINER Act in light of the tragedies at the Sago and Alma mines. In addition to his stellar legislative record, Senator Byrd has been a proven leader in the Senate, holding more leadership positions in the Senate than any other Senator of any party in Senate history. He has held leadership positions including secretary of the Democratic Conference, chairman of the Senate Appropriations Committee, Senate Democratic whip, Democratic leader, majority leader, and minority leader. On three occasions Senator Robert C. Byrd has served as President Pro Tempore of the Senate, demonstrating the tremendous amount of respect that the Senator has from his colleagues and placing him in direct line of succession to the Presidency. Throughout his career, Senator Robert C. Byrd has remained a dedicated husband, father, grandfather, great- grandfather, and friend. A man of deep faith, his dedication to our country and our State is exceeded only by his dedication to his family. I ask my colleagues to join me in congratulating Senator Robert C. Byrd for the incredible amount of time and effort he has given to our Nation and to the State of West Virginia. I know my colleagues join me in hoping that he will continue to serve West Virginia for many more years to come.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, I wish to commemorate a man who has made a significant impact on the State of West Virginia and on his community--Robert Edward Holroyd is not only a dear friend of mine, but the work he has done for our State has been beyond extraordinary. Bob and I have been friends for a very long time and in addition to being a wonderful friend, he is also a counselor, and someone on whom I often rely for advice and wisdom. Holroyd has been active in improving the medical practices for the State of West Virginia. He was one of the organizers of Princeton Community Hospital, where he served on the board until he became general counsel of the hospital, a position he continues to hold. Also, he is presently the chair of St. Luke's Hospital in Bluefield, WV and serves as chairman of the Mercer County 911 committee. In 1981, Holroyd played a significant role in the opening of the Princeton Health Care Center nursing home, which is celebrating its 25th anniversary on June 16, 2006. Princeton Community Hospital opened as a general hospital on December 20, 1970, and was chartered as a nonprofit organization with its own board of directors to establish and plan for future health care centers. Since its inception, and thanks to those like Holroyd, the hospital staff has grown from 13 physicians and 125 employees to more than 100 doctors and 1,140 employees today as it celebrates this milestone. With the addition of new equipment, the adoption of new concepts in health care delivery, and the expansion of the facility, the hospital's well-trained and highly motivated professionals are able to provide quality health care services for the citizens of Mercer and surrounding counties. The hospital's many specialties and technological advancements place it on the leading edge of medical treatment in southern West Virginia. Mr. Holroyd was born to the late Virginia Lazenby and the late Dr. Frank Jackson Holroyd on September 15, 1931, in Princeton, Mercer County, WV. Beginning in his youth in Mercer County, Holroyd was a natural born leader, already making an impact in his community. He was active in the First Baptist Church in Princeton, WV as well as the Boy Scouts of America, Troop 1, in which he attained the rank of Eagle Scout. While at Princeton High School, Holroyd was a member of the nationally ranked Princeton High 1948-49 debate team. As a result of his successes early in life, Holroyd received a 4-year scholarship to West Virginia University. At West Virginia University, he majored in political science and speech. During his tenure at the University, Holroyd left Morgantown and joined the United States Marine Corps during the Korean Conflict. Holroyd served on active duty for 3 years and served with special assignments to military police. In 1954, Holroyd became a Marine reservist and returned to Morgantown, WV to finish his undergraduate studies, and pursue law school. He graduated with a law degree in 1958 and returned home to Princeton, WV, to practice law. Holroyd's interest in politics blossomed after law school, and in 1960, he became very active in President John F. Kennedy's primary campaign in southern West Virginia. In Princeton, Holroyd was assistant prosecuting attorney from 1961-1964. In 1964, he was elected to the West Virginia House of Delegates and served as prosecuting attorney of Mercer County from 1965-1967. Besides working on President Kennedy's campaign, Holroyd continued supporting the Democratic Party by serving on the West Virginia State Democratic Executive Committee for two terms, as well as being a delegate to the Democratic National Convention in 1976. Holroyd served West Virginia as a consultant to the Governor's Committee on Crime and Delinquency and Correction and the International Association of Chiefs of Police. He was also an instructor on Criminal Law and Procedure at West Virginia State Police Academy and West Virginia Basic Police Science Courses at Institute, WV. Holroyd also served the Police force by being a guest instructor at Bluefield State College, Police Service Department and as an adjunct professor at Marshall University. Throughout his community, Holroyd was a past member and officer in Princeton's Junior Chamber of Commerce. He was an active member in the Princeton Rotary Club, and is a current member of the Veterans of Foreign Wars--VFW, American Legion, Elks, Moose, Mercer County and West Virginia's State Bar Associations. Husband to Emilie Norwood Adams, father to Elizabeth, William and Mary Jacqueline Holroyd, and grandfather to four, Holroyd has served his family, his State, and his country. West Virginia is proud and honored to say he represents the State, and I am proud and honored to say he is a dear friend. West Virginia thanks him for his extraordinary service and for his leadership some 25 years ago that make this anniversary possible for the Princeton Health Care Center nursing home.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, today's headline is sad and stunning. The VA Secretary now reports that 2.2 million active-duty military personnel were also exposed in the massive security breach at VA on May 3. This means that 1.1 million active-duty military personnel, 430,000 National Guard members and 645,000 reservists are exposed to potential identity theft. The brave men and women, who are serving and protecting our country, are not being protected by their own government. This is deeply disturbing and we owe each servicemember and veteran real support to protect their financial information. I have revised my legislation, S. 3176, the Veterans' Privacy Protection Act, to expand coverage to our military personnel. I am proud to have the cosponsorship of Senators Jeffords and Baucus. Every American has the justifiable expectation that the Federal Government will protect their private personal information--information that they are required to provide to Federal agencies. It is a basic and fundamental responsibility of government to make sure that this sensitive data is handled appropriately, accessed only by authorized personal, and used only for intended purposes. On May 22, the Department of Veterans Affairs, VA, announced that computer disks containing as many as 26.5 million veterans' personal information were stolen from an employee who had taken the information home. I, along with many of my colleagues, am outraged at this enormous lapse in security. The VA has an obligation to make sure that veterans and military personnel are not harmed because of the agency's failure to protect sensitive personal data. This information includes social security numbers and dates of birth, the underpinnings of almost all of our financial information. In the wrong hands, this information can be used to steal a person's identity causing substantial harm. All of us have constituents who have been victims of identity theft. When a person's identity is stolen, it can have devastating financial consequences for that person and that family. Even if the financial harm is minimal, it often takes years to clear your name. Plus, veterans and military families must live with the uncertainty about the financial records. I understand that the VA, FBI and local law enforcement are working on the investigation, but Congress must also conduct a thorough investigation into how this security breach occurred. I want to know why the VA waited almost three weeks for its first announcement. I want to know why it took another two weeks to compare files and realize that 2.2 million military personnel were also exposed. In my opinion, it is inexcusable that veterans and military were not notified immediately that their personal information had been stolen and were not given any guidance as to the steps they should take to protect themselves from identity theft. I understand the VA inspector general has cited the agency for poor security policies and procedures. Congress must also begin a comprehensive review of the agency's security protocols and policies and force the agency to adopt stricter security measures to make sure that the personal data our veterans are required to provide the agency is not ever again at risk. It is for this reason that I am reintroducing the Veterans' and Military Privacy Protection Act today. Although all Federal agencies need comprehensive data privacy policies, this is a targeted bill to address the security breach at the VA on an urgent basis. Congress has required the Federal Trade Commission to address identity theft and its consequences. The agency has taken an aggressive approach in combating this devastating crime. My bill would require the Federal Trade Commission to develop a hotline explicitly for veterans and military personnel to provide the information, counseling, and help necessary to allow each person to protect himself from the loss of personal data. At this point, our legislative response must cover all 28.7 million veterans and servicemembers that the VA believes may have had their personal information compromise. My bill would make it easier for them to request a long-term credit alert for their records so credit agencies are aware that their personal information could be being used by others. It is my understanding that a security freeze on an individual's record can have a modest cost, and VA has the obligation to cover the costs of this enormous security breach. Finally, my bill requires the General Accountability Office to evaluate the VA response to this incident and to analyze the agency's security protocols. I believe that an independent investigation could generate a number of recommendations to improve the security of personal information not just in the VA but in all Federal agencies. The VA has exposed millions of veterans and military to identity theft and potential financial problems. It is inconceivable to me how any Federal agency could have let this happen, and how the investigation and followup could be so haphazard. We all have heard the stories during the past year regarding massive breaches of private and confidential data by private entities. The Federal Government acted quickly to respond to these breaches and now it must act just as quickly if not more so to address its own failings. My bill is a critical step in providing the necessary assistance that millions of veterans and servicemembers may require, and I urge my colleagues to act on it with the urgency this situation demands.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, today's headline is sad and stunning. The VA Secretary now reports that 2.2 million active-duty military personnel were also exposed in the massive security breach at VA on May 3. This means that 1.1 million active-duty military personnel, 430,000 National Guard members and 645,000 reservists are exposed to potential identity theft. The brave men and women, who are serving and protecting our country, are not being protected by their own government. This is deeply disturbing and we owe each servicemember and veteran real support to protect their financial information. I have revised my legislation, S. 3176, the Veterans' Privacy Protection Act, to expand coverage to our military personnel. I am proud to have the cosponsorship of Senators Jeffords and Baucus. Every American has the justifiable expectation that the Federal Government will protect their private personal information--information that they are required to provide to Federal agencies. It is a basic and fundamental responsibility of government to make sure that this sensitive data is handled appropriately, accessed only by authorized personal, and used only for intended purposes. On May 22, the Department of Veterans Affairs, VA, announced that computer disks containing as many as 26.5 million veterans' personal information were stolen from an employee who had taken the information home. I, along with many of my colleagues, am outraged at this enormous lapse in security. The VA has an obligation to make sure that veterans and military personnel are not harmed because of the agency's failure to protect sensitive personal data. This information includes social security numbers and dates of birth, the underpinnings of almost all of our financial information. In the wrong hands, this information can be used to steal a person's identity causing substantial harm. All of us have constituents who have been victims of identity theft. When a person's identity is stolen, it can have devastating financial consequences for that person and that family. Even if the financial harm is minimal, it often takes years to clear your name. Plus, veterans and military families must live with the uncertainty about the financial records. I understand that the VA, FBI and local law enforcement are working on the investigation, but Congress must also conduct a thorough investigation into how this security breach occurred. I want to know why the VA waited almost three weeks for its first announcement. I want to know why it took another two weeks to compare files and realize that 2.2 million military personnel were also exposed. In my opinion, it is inexcusable that veterans and military were not notified immediately that their personal information had been stolen and were not given any guidance as to the steps they should take to protect themselves from identity theft. I understand the VA inspector general has cited the agency for poor security policies and procedures. Congress must also begin a comprehensive review of the agency's security protocols and policies and force the agency to adopt stricter security measures to make sure that the personal data our veterans are required to provide the agency is not ever again at risk. It is for this reason that I am reintroducing the Veterans' and Military Privacy Protection Act today. Although all Federal agencies need comprehensive data privacy policies, this is a targeted bill to address the security breach at the VA on an urgent basis. Congress has required the Federal Trade Commission to address identity theft and its consequences. The agency has taken an aggressive approach in combating this devastating crime. My bill would require the Federal Trade Commission to develop a hotline explicitly for veterans and military personnel to provide the information, counseling, and help necessary to allow each person to protect himself from the loss of personal data. At this point, our legislative response must cover all 28.7 million veterans and servicemembers that the VA believes may have had their personal information compromise. My bill would make it easier for them to request a long-term credit alert for their records so credit agencies are aware that their personal information could be being used by others. It is my understanding that a security freeze on an individual's record can have a modest cost, and VA has the obligation to cover the costs of this enormous security breach. Finally, my bill requires the General Accountability Office to evaluate the VA response to this incident and to analyze the agency's security protocols. I believe that an independent investigation could generate a number of recommendations to improve the security of personal information not just in the VA but in all Federal agencies. The VA has exposed millions of veterans and military to identity theft and potential financial problems. It is inconceivable to me how any Federal agency could have let this happen, and how the investigation and followup could be so haphazard. We all have heard the stories during the past year regarding massive breaches of private and confidential data by private entities. The Federal Government acted quickly to respond to these breaches and now it must act just as quickly if not more so to address its own failings. My bill is a critical step in providing the necessary assistance that millions of veterans and servicemembers may require, and I urge my colleagues to act on it with the urgency this situation demands.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, the Senate today considers the nomination of GEN Michael Hayden to be Director of the Central Intelligence Agency. I support General Hayden's confirmation. He is the right person to lead the CIA out of a period of turmoil and controversy. Without question General Hayden has the necessary credentials. He is a career Air Force intelligence officer who led the National Security Agency for longer than anyone in the history of that agency. When he took over the NSA it was no longer at the cutting edge of information technology as it had been during the Cold War. Not everything he tried worked but he led the agency's turnaround. We no longer worry, as we did in 1999, that the NSA is on the verge of going deaf. General Hayden left the NSA a year ago to become the Principal Deputy Director of National Intelligence--the number two job in the new organization created by Congress to modernize the intelligence community. He has helped Director John Negroponte start the process of building a cohesive community from the 16 disparate intelligence agencies. Now he will have a chance to continue working on that integration as the Director of the agency that is the lynchpin for U.S. intelligence, the CIA. While his qualifications are obvious, General Hayden's selection is not without controversy. As Director of the NSA he designed and implemented a warrantless surveillance program, authorized by the President, to intercept communications inside the United States. The goal of this program is to find terrorists, something every Member of this body supports. But the program's questionable legal underpinnings and the decision to keep it hidden from most Members of Congress have raised questions about General Hayden's judgment and independence. I wrote Director Negroponte in February expressing my view that General Hayden's role in the public defense of the NSA program was inappropriate for an intelligence official. I reiterated that concern directly to General Hayden in a letter to him prior to his confirmation hearing last week. Officials of the intelligence community must avoid even the appearance of politicization. General Hayden addressed this issue in his hearing and responded privately to my letter. After carefully considering his answers and his response, I am convinced that he believes the NSA program is legal. I also believe his public appearances were in large part his effort to defend the men and women of the NSA. I still believe his participation in the White House public relations campaign was inappropriate, but I believe his explanation is sincere. I raise this issue because it gets to the heart of what I think will be General Hayden's challenge at the CIA--rebuilding the agency's credibility and reestablishing its independence. The CIA was established in 1947 to be an independent source of intelligence for the President and other senior policymakers. We have no less a need for that independence now than we did then. The Government, both the executive branch and the Congress, must have intelligence that is timely, objective, and independent of political considerations. This is not just a goal; it is the standard set in law. Unfortunately, over the past few years we have witnessed a pattern of cynical manipulation of intelligence for political purposes. This politicization has damaged the credibility of the intelligence community and undermined America's efforts to deal with critical national security challenges. General Hayden must take steps to assert his and the CIA's independence. The situation in the period prior to the Iraq war must never be repeated. Administration officials accepted without question any nugget of intelligence, no matter how poorly sourced, if it supported the decision to go to war with Iraq. In areas where the intelligence did not support the administration's preconceived view, such as alleged Iraqi ties to al-Qaida and the 9/11 attacks, the administration badgered the intelligence community to find a link, ignored the intelligence that showed there was none, and set up a rogue intelligence operation at the Defense Department to aggressively push the alleged connection. But perhaps the most blatant abuse of the intelligence process was and continues to be the leaking and selective declassification of intelligence information to support particular policy goals. Many of my colleagues have decried the unauthorized disclosures that regularly appear in the press. I join them in condemning these damaging leaks. But it is important to understand that most disclosures of intelligence information are generated by executive branch officials pushing a particular policy, and not by the rank-and-file employees of the intelligence agencies. This has been the pattern of the current administration, particularly related to Iraq. Based on his past performance I am sure that General Hayden will stand up to blatant attempts to influence intelligence judgments. I also believe he has the character to speak out when he believes the intelligence process is being misused by senior policymakers. General Hayden also will need to regain the trust of the Congress. The administration's repeated refusal to allow effective oversight of some of the most important intelligence programs has endangered critical intelligence capabilities and alienated the Intelligence Committees when their support is most needed. Signals intelligence and intelligence obtained from detainees are critical elements of our efforts to detect and stop terrorists. But the administration's ill- advised attempts to shield these programs from oversight have created suspicion and undermined public support for our counterterrorism efforts. Sustaining these kinds of intelligence programs over the long term requires the Congress to be a full partner from the beginning. Our mutual goal should be to ensure that critical intelligence programs receive the attention and support they need to be effective. Some have questioned the wisdom of a military officer serving in this position. While I want to make sure that General Hayden is outside of the military chain of command, I am convinced that General Hayden's military experience will enable him to successfully manage the important and sometimes difficult relationship between the CIA and the Department of Defense. As CIA Director he also will be the national manager of human intelligence collection activities across all agencies, including the Defense Department. This function is essential to ensuring effective coordination of our sensitive intelligence operations overseas. We cannot afford the creation of redundant capabilities or any confusion as to who is in charge of these delicate operations. General Hayden will take over the helm of the CIA at a time of rapid expansion of the workforce and following a period of dramatic decline in employee morale. Under his predecessor's tenure the CIA lost many of its most experienced and talented officers. He will need to move quickly to convince the current workforce that the days of political litmus tests are over and experienced professionals will be in charge rather than political cronies. I cannot overstate the importance of the job General Hayden is undertaking. The CIA and our other intelligence agencies are the front line of our defense. The CIA must find better ways to penetrate targets such as Iran and North Korea while continuing to adapt to the ever changing tactics of the international terrorist movement. The Senate Intelligence Committee's 2004 review of Iraq intelligence exposed some glaring problems in the collection and analysis of intelligence. The CIA has been undergoing its own internal review and has begun integrating the lessons it has learned. It will be General Hayden's job to see that the CIA embraces the reforms needed to deal with the challenges of the 21st century. I am confident he is the right person for the task.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, every American has the justifiable expectation that the Federal Government will protect their private personal information--information that they are required to provide to a Federal agencies. It is a basic and fundamental responsibility of government to make sure that this sensitive data is handled appropriately, accessed only by authorized personal, and used only for intended purposes. Earlier this week, the Veterans Administration, VA, announced that computer disks containing as many as 26.5 million veterans' personal information were stolen from an employee who had taken the information home. I, along with many of my colleagues, am outraged at this enormous lapse in security. The Veterans Administration must make sure that veterans are not harmed because of the agency's failure to protect sensitive personal data. This information includes veterans' social security numbers and dates of birth, the underpinnings of almost all of our financial information. In the wrong hands, this information can be used to steal a person's identity causing substantial harm. All of us have constituents who have been victims of identity theft. When a person's identity is stolen, it can have devastating financial consequences for that person and that family. Even if the financial harm is minimal, it often takes years to clear your name. For our nation's veterans, many of whom are older and disabled, identity theft poses even greater problems. I understand that the Veterans Administration has launched an internal investigation, but Congress must also conduct a thorough investigation into how this security breach occurred. I want to know why the Veterans Administration waited almost 3 weeks to inform our nation's veterans and Congress of this breach. In my opinion, it is inexcusable that veterans were not notified immediately that their personal information had been stolen and were not given any guidance as to the steps they should take to protect themselves from identity theft. I understand the Veterans Administration Inspector General has cited the agency for poor security policies and procedures. Congress must also begin a comprehensive review of the agency's security protocols and policies and force the agency to adopt stricter security measures to make sure that the personal data our veterans are required to provide the agency is not ever again at risk. It is for this reason that I am introducing the Veterans' Privacy Protection Act today. Although all Federal agencies need comprehensive data privacy policies, this is a targeted bill to address the security breach at the Veterans Administration on an urgent basis. Congress has required the Federal Trade Commission to address identity theft and its consequences. The agency has taken an aggressive approach in combating this devastating crime. My bill would require the Federal Trade Commission to develop a hotline explicitly for veterans to provide the information, counseling, and help necessary to allow a veteran to protect himself from the loss of personal data. At this point, our legislative response must cover all 26.5 million veterans that the Veterans Administration believes may have had their personal information compromised. If further investigations conclusively prove that fewer veterans are at-risk, my bill would target services and support to the affected individuals. To help veterans, my bill would make it easier for them to request a long-term credit alert for their records so credit agencies are aware that their personal information could be being used by others. It is my understanding that a security freeze on an individual's record can have a modest cost, and my bill would have the Veterans Administration cover that cost. Finally, my bill requires the General Accountability Office to evaluate the Veterans Administration response to this incident and to analyze the agency's security protocols. I believe that an independent investigation could generate a number of recommendations to improve the security of personal information not just in the Veterans Administration but in all Federal agencies. It is my great hope that a thorough investigation will find the criminals responsible for the theft and determine that they were only after the computer and not the millions of valuable private records of our veterans. If in fact these thieves were after our veterans' data, we will have a major catastrophe on our hands, inexcusably adding more hardship to the lives of those who have so ably served their country. Mr. President, today the Veterans Administration has failed our Nation's veterans. It is inconceivable to me how any Federal agency could have let this happen. We all have heard the stories during the past year regarding massive breaches of private and confidential data by private entities. The Federal Government acted quickly to respond to these breaches and now it must act just as quickly if not more so to address its own failings. My bill is a critical step in providing the necessary assistance that millions of veterans may require, and I urge my colleagues to act on it with the urgency this situation demands. I ask unanimous constent that text of the bill be printed in the Record.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, every American has the justifiable expectation that the Federal Government will protect their private personal information--information that they are required to provide to a Federal agencies. It is a basic and fundamental responsibility of government to make sure that this sensitive data is handled appropriately, accessed only by authorized personal, and used only for intended purposes. Earlier this week, the Veterans Administration, VA, announced that computer disks containing as many as 26.5 million veterans' personal information were stolen from an employee who had taken the information home. I, along with many of my colleagues, am outraged at this enormous lapse in security. The Veterans Administration must make sure that veterans are not harmed because of the agency's failure to protect sensitive personal data. This information includes veterans' social security numbers and dates of birth, the underpinnings of almost all of our financial information. In the wrong hands, this information can be used to steal a person's identity causing substantial harm. All of us have constituents who have been victims of identity theft. When a person's identity is stolen, it can have devastating financial consequences for that person and that family. Even if the financial harm is minimal, it often takes years to clear your name. For our nation's veterans, many of whom are older and disabled, identity theft poses even greater problems. I understand that the Veterans Administration has launched an internal investigation, but Congress must also conduct a thorough investigation into how this security breach occurred. I want to know why the Veterans Administration waited almost 3 weeks to inform our nation's veterans and Congress of this breach. In my opinion, it is inexcusable that veterans were not notified immediately that their personal information had been stolen and were not given any guidance as to the steps they should take to protect themselves from identity theft. I understand the Veterans Administration Inspector General has cited the agency for poor security policies and procedures. Congress must also begin a comprehensive review of the agency's security protocols and policies and force the agency to adopt stricter security measures to make sure that the personal data our veterans are required to provide the agency is not ever again at risk. It is for this reason that I am introducing the Veterans' Privacy Protection Act today. Although all Federal agencies need comprehensive data privacy policies, this is a targeted bill to address the security breach at the Veterans Administration on an urgent basis. Congress has required the Federal Trade Commission to address identity theft and its consequences. The agency has taken an aggressive approach in combating this devastating crime. My bill would require the Federal Trade Commission to develop a hotline explicitly for veterans to provide the information, counseling, and help necessary to allow a veteran to protect himself from the loss of personal data. At this point, our legislative response must cover all 26.5 million veterans that the Veterans Administration believes may have had their personal information compromised. If further investigations conclusively prove that fewer veterans are at-risk, my bill would target services and support to the affected individuals. To help veterans, my bill would make it easier for them to request a long-term credit alert for their records so credit agencies are aware that their personal information could be being used by others. It is my understanding that a security freeze on an individual's record can have a modest cost, and my bill would have the Veterans Administration cover that cost. Finally, my bill requires the General Accountability Office to evaluate the Veterans Administration response to this incident and to analyze the agency's security protocols. I believe that an independent investigation could generate a number of recommendations to improve the security of personal information not just in the Veterans Administration but in all Federal agencies. It is my great hope that a thorough investigation will find the criminals responsible for the theft and determine that they were only after the computer and not the millions of valuable private records of our veterans. If in fact these thieves were after our veterans' data, we will have a major catastrophe on our hands, inexcusably adding more hardship to the lives of those who have so ably served their country. Mr. President, today the Veterans Administration has failed our Nation's veterans. It is inconceivable to me how any Federal agency could have let this happen. We all have heard the stories during the past year regarding massive breaches of private and confidential data by private entities. The Federal Government acted quickly to respond to these breaches and now it must act just as quickly if not more so to address its own failings. My bill is a critical step in providing the necessary assistance that millions of veterans may require, and I urge my colleagues to act on it with the urgency this situation demands. I ask unanimous constent that text of the bill be printed in the Record.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Today, I rise to join my colleagues Senators DeWine and Domenici to introduce the Safe and Timely Interstate Placement of Foster Children Act of 2006. This is a bipartisan initiative that I have been working on for several years. This legislation could help to deliver on the promises made in the Adoption and Safe Families Act of 1997 which stated that geographic barriers should not delay or deny adoptions. Unfortunately, data continues to suggest that it can take twice as long for a child to leave foster care to an out-of-state placement. When a child leaves foster care and goes out of state, half of the time the child is being adopted and gaining a permanent home. In about twenty percent of the cases, a child is being placed with a parent or caretaker. These are good, permanent options for children, and it should not take twice as long to achieve such a placement. This new legislation could provide incentives for States to process these out-of-state claims more quickly. In my view, this complements and builds upon actions by many States to update the 1960 Interstate Compact for the Placement of Children. The purpose of this legislation is to add specific time-frames and to provide federal incentives to achieve the goal set in 1997 of reducing and eliminating geographic barriers. As technology has vastly improved, and more families seek to open their hearts and homes to children in foster care, we need improved regulations and policies to serve such families. This legislation is part of the DeWine-Rockefeller bill, called the ``We Care Kids Act''. Thanks to the leadership of Chairman Grassley, the major provisions of We Care Kids Act were included in the reconciliation package to invest in court training and data to help judges have insight and the information needed to care for the vulnerable children in foster care. But action could not be taken to improve interstate case planning within the reconciliation bill. In 2004, similar legislation passed the House of Representatives. Today, we are re-introducing the legislation for timely placements of children across state lines. Hopefully the Senate will act, and we can help children in foster care get a permanent home in a timely manner.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, it is my great pleasure to commend my colleagues for their quick action today in taking up and passing S. 2803, the Mine Improvement and Emergency Response Act, or the MINER Act, of 2006. In passing this important legislation, the Senate has set the stage for the most dramatic improvement in coal mine safety in a generation. Before we can celebrate significant improvements in our mine safety laws, we must encourage our colleagues in the House to act as quickly as they can to pass mine safety legislation so that it can be sent to the President for his signature. The recent mining deaths in the Commonwealth of Kentucky--five over the weekend and one yesterday--lend further credence to the truism that mine safety laws are written in the blood of coal miners. We began this year with the tragic deaths of 12 men at Sago mine in Upshur County, WV. Before we could even comprehend that immense loss, two more West Virginia miners lost their lives at the Alma mine in Logan County. These men--and miners who paid the ultimate price this year in West Virginia's Longbranch No. 18, Black Castle, Candice No. 2, and Jacob No. 1 mines, as well as at mines in Kentucky, Utah, Alabama, and Maryland--went to work each day knowing full well that mining is inherently dangerous. The miners who died knew--and the miners who still go to work each day understand--the risks they face in fueling the American economy and providing better lives for their families. We can do nothing that adequately honors our fallen miners, but we can give the families who continue to send their loved ones to work underground a better chance of seeing their miners come home safely at shift's end. The MINER Act will bring into the mines new technology to help trapped miners breathe after an accident and enable them to get out or wait to be rescued. It will introduce new communications equipment into mines to allow miners underground to benefit from information known to those at the surface that could save their lives. This legislation will make it more certain that, if there is an accident, highly trained mine rescue teams are available and familiar with the mines where they will called upon to save lives. It does not include every technology that I believe could be important to safeguarding miners as they do their work, but it is still groundbreaking legislation that addresses mine safety problems for the first time in a generation. We could not have done this without the dedication and integrity of the distinguished chairman and ranking member of the Senate HELP Committee, Mike Enzi and Ted Kennedy. Their understanding of the absolute necessity of tackling this issue made this legislation possible. I want to especially also thank Senators Johnny Isakson, Patty Murray, and my colleague and Senior Senator, Robert C. Byrd. In the several months since Sago and Alma became places all Americans know, the persistence of these Senators has been crucial in moving this legislation forward. We can only hope that this bill will prevent future tragedies that could make other coal communities into household words.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Today, I rise to join my colleagues Senators DeWine and Domenici to introduce the Safe and Timely Interstate Placement of Foster Children Act of 2006. This is a bipartisan initiative that I have been working on for several years. This legislation could help to deliver on the promises made in the Adoption and Safe Families Act of 1997 which stated that geographic barriers should not delay or deny adoptions. Unfortunately, data continues to suggest that it can take twice as long for a child to leave foster care to an out-of-state placement. When a child leaves foster care and goes out of state, half of the time the child is being adopted and gaining a permanent home. In about twenty percent of the cases, a child is being placed with a parent or caretaker. These are good, permanent options for children, and it should not take twice as long to achieve such a placement. This new legislation could provide incentives for States to process these out-of-state claims more quickly. In my view, this complements and builds upon actions by many States to update the 1960 Interstate Compact for the Placement of Children. The purpose of this legislation is to add specific time-frames and to provide federal incentives to achieve the goal set in 1997 of reducing and eliminating geographic barriers. As technology has vastly improved, and more families seek to open their hearts and homes to children in foster care, we need improved regulations and policies to serve such families. This legislation is part of the DeWine-Rockefeller bill, called the ``We Care Kids Act''. Thanks to the leadership of Chairman Grassley, the major provisions of We Care Kids Act were included in the reconciliation package to invest in court training and data to help judges have insight and the information needed to care for the vulnerable children in foster care. But action could not be taken to improve interstate case planning within the reconciliation bill. In 2004, similar legislation passed the House of Representatives. Today, we are re-introducing the legislation for timely placements of children across state lines. Hopefully the Senate will act, and we can help children in foster care get a permanent home in a timely manner.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, I regret that rehabilitation following back surgery prevented me from being on the floor to cast my vote against the tax reconciliation package which the Senate narrowly approved on May 11. Today President Bush will sign that bill into law, and I would like to take this opportunity to share my thoughts with my constituents and my colleagues. I am extremely disturbed by the Nation's fiscal mismanagement over the past several years, and this new tax cut bill was another disappointing step in the wrong direction. On February 2, I voted for the Senate's version of the tax reconciliation bill. That legislation protected middle-class taxpayers from the alternative minimum tax and extended some widely supported tax provisions that recently expired. The Senate bill also included urgently needed incentives for investment in mine safety equipment and technology. I was pleased to support that bill. Unfortunately, as I feared, during negotiations with the House, the reasonable compromise struck in the Senate was abandoned. The final tax package that the conference committee produced has the wrong priorities and will make America's fiscal situation substantially worse. Middle-class relief from the alternative minimum tax expired at the end of last year. The conference report extends AMT relief through 2006 but does nothing about next year when millions of families will face an enormous tax increase. Additionally, the bill does not include the tax provisions, which I have long supported, that help average West Virginians. Tax cuts which benefit families paying college tuition, schoolteachers buying supplies, and businesses investing in research and development were simply not included in this bill. These provisions have already expired, meaning taxpayers will be hit with higher taxes this year. I recognize that the Senate majority leader has indicated his intention to address these issues later this year, and I will continue to advocate for extension of these important provisions. However, I believe it is irresponsible not to make tax cuts for middle- class families our top priority. Instead of addressing these urgent priorities, the bill acts to extend tax cuts for investors that were not even set to expire until 2009. I cannot understand why tax cuts that primarily benefit taxpayers with more than $200,000 in income would get a higher priority than tax relief for middle-class families. Unfortunately, in West Virginia, very few taxpayers have been able to benefit from the investor tax cuts enacted in 2003. Fewer than 17 percent of taxpayers reported any dividend income, and fewer than 11 percent of our taxpayers had any capital gains subject to tax. I am also extremely disturbed by the budget gimmicks used in order to comply with the Senate's rules designed to impose fiscal discipline. By taking advantage of unusual revenue effects, this bill amazingly pays for tax cuts with yet more tax cuts. But without question, we are digging ourselves deeper in debt with such games. In the long run, this bill will cost us even more than the $70 billion its sponsors claim. And because so many important issues have been left unaddressed, Congress will need to enact additional tax cuts this year. This fiscal mismanagement increases our borrowing from foreign nations and increases the burden on our future generations. Finally, I would like to mention the 18 miners in West Virginia, as well as those in other States, who lost their lives this year and their devastated families, friends, and communities. I am deeply disappointed that this agreement does not include the bipartisan mine safety amendment, which I worked so hard to include in the Senate bill. That amendment would have encouraged mine companies to invest in additional mine safety equipment and training and, most importantly, would have saved lives. This is a provision which cannot wait, and I will continue to push to have this provision enacted. The well-being and safety of miners demands it.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Baisden is one of several students visiting Washington for the Poetry of Rural Places program, representing the National Writing Project, NWP, and the Rural School and Community Trust initiatives. Working together in a unique partnership, the NWP and the Rural School and Community Trust have provided students from rural areas nationwide an opportunity to compose and publish original poems that convey their sense of place and vision of life in rural America. Beginning with local programs led by writing project sites, the contest culminates in a national reading event at the Library of Congress. Hopefully, this contest will inspire students nationwide to use the power of poetry to explore their lives, communities, and futures as rural Americans. I encourage all of my colleagues to read the other poems written by these young people as they offer a profound vision of life in contemporary rural America. Their poems are available at www.ruralpoetry.org.

Mr. ROCKEFELLER. Mr. President, today, I want to congratulate Budro Kenneth Baisden and other young, aspiring poets for their poetry as part of the Poetry of Rural Places writing competition. Budro Baisden comes from southern West Virginia and he has lived in our coal fields, surrounded by coal miners and the culture of the coal fields. He participates in the Coalfield Writers, Marshall University Writing Project. This month, as the West Virginia winner, he got to travel to Washington, DC, for the first time, to accept his award, and to read his poem in the Library of Congress. In his poem, Baisden eloquently expresses the arduous life of a coal miner, the adversity that oppresses rural Americans, and the acceptance of a life destined to be spent underground in the mines. Given the mine tragedies that hit West Virginia and other States earlier this year, the spirit and the simplicity of his words implores us to acknowledge the parallel experiences of rural Americans nationwide. The words of this young West Virginia poet should inspire us to think about life through the eyes of a coal miner. It is with great pride that I submit this poem for the Record to share with my colleague and the public. Mr. President, I ask that the poem be printed in the Record. The poem follows: Life Through a Coal Miner's Eyes Dark at day Dark at night It never changes That's the mines Cold and wet this they know Still they put on their hardhats And go No one knows why they seek that hole Deep in the mountains With all that coal To risk their lives for a single light pole That shines through a window of a Coal miner's home But there is only one thing that shines so bright Not the light you pass every night It's the smile of their wives When they come home at night That's life through a coal miner's eyes. --Budro Baisden.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, it is my honor today to join with several of my distinguished colleagues to introduce S. 2803, the Mine Improvement and New Emergency Response, MINER Act of 2006. This is the first time Congress has taken a critical look at mine safety since the 1970s. It will be the first significant update of statutory mine safety standards in a generation. The advances in this legislation represent long overdue health and safety improvements for our Nation's miners. The MINER Act will affect every mine and every miner in the country. When fully implemented by the Mine Safety and Health Administration, MSHA, and coal operators, the MINER Act will make the men and women who work in our Nation's coal mines safer than they have ever been. Like many Americans, I was transfixed by the coverage of the tragic events at the Sago Mine in Upshur County, WV, this past January. My heart went out to the families of the miners as they waited and prayed for--and were cruelly denied--a happy ending. Except for the brief elation when we learned of Randal McCloy's miraculous survival, we were all heartbroken by the devastating outcome. Because these were miners and families in my State of West Virginia and because for years I lived and worked in nearby Buckhannon, the tragedy at Sago hit very close to home for me. For current and retired miners and their families across the country, the deaths of the Sago miners were very much the deaths of brothers. When two more miners went missing after a fire in the Alma No. 1 mine near Melville, in Logan County, WV, I knew my place was there with the families. There was little that could be done to ease the anxiety of the miners' families while they waited and prayed together in the church in Melville, having themselves lived through the Sago tragedy. That day, I was standing with Governor Manchin at the mine mouth and we got the news that no one wanted to hear. We returned to the church to be with the families when they heard the words that crushed their hopes for another miracle. No parent or spouse should have to live through a moment like that ever again. It was clear that better mine safety regulation was essential. One positive consequence of the broad news coverage of the Sago and Alma tragedies was that the world got a glimpse of West Virginia at its best: people who work hard, love their families, and trust in their God. My trip to Upshur County to meet with the families--and then the immensely sad and too-familiar repeat 2 weeks later to sit and to grieve with families of the Alma miners in Logan County--inspired what I hope will be a more lasting and tangible result. It became my mission to substantially improve and make more rigorous health and safety standards in American coal mines. I believe the MINER Act is legislation that will fulfill those goals and is the very least we can do as we recall the Sago and Alma miners, as well as those who lost their lives at the Longbranch No. 18, Black Castle, Candice No. 2, and Jacob No. 1 mines in West Virginia and at other mines in Kentucky, Utah, Alabama, and Maryland just this year. The MINER Act amends the Federal Mine Safety and Health Act of 1977 to do the following: Requires companies to submit to MSHA emergency preparedness and response plans, including requirements to deploy state-of-the-art technologies for two-way communications, miner tracking, improved breathing apparatuses, and lifelines. These improvements must be made immediately wherever feasible and no later than 3 years after enactment. Each miner must have enough breathable air accessible to last for a sustained period of time. Requires coal operators to supply miners with additional supplies of breathable air, both in working sections of coal mines and at intervals on escapeways so miners can walk out in the event of a disaster. Increases training on self-rescuers to make sure that technologies are properly deployed in the mine as soon as they become available. Requires operators to notify MSHA within 15 minutes of a disaster or face up to $60,000 in penalties. Improves the overall safety of miners by strengthening mine rescue team requirements for all underground mines. Now at least one miner per shift will have to be sufficiently familiar with the mine's operations to serve as a coordinator in the even of an accident, more miners will be rescue-trained, and response time will be cut in half--down to 1 hour. Requires NIOSH to conduct research, including field testing, of refuge chambers and could result in the Secretary issuing a new regulation to require them. Creates an Office of Mine Safety in NIOSH to distribute mine safety research and development grants and to coordinate with other Government agencies on technology they use that might be adapted for mine safety purposes. Establishes a family liaison position for post-accident assistance to miners' families. Creates for the first time a schedule of higher minimum penalties for the most egregious health and safety violations--essentially doubling fines for serious violations. Tightens up MSHA fine collection procedures and gives MSHA new authority to shut down mines for failure to pay persistent violations. Requires the Secretary of Labor to improve standards for seals in abandoned areas of underground coal mines. Establishes a technical study panel made up of scientists and health and safety experts to review and report to the Secretaries of Labor and Health and Human Services on the use of ``belt air'' and the replacement of worn belts with fire-resistant materials. Creates three scholarship programs: for community college study in basic safety and mine skills for new miners; for college-level study leading toward employment with MSHA; and college and graduate study in mining-related disciplines. Creates the Brookwood-Sago Mine Safety Grants Program in the Department of Labor to fund education and training programs designed to identify, avoid, and prevent unsafe working conditions in and around mines. While television allowed the entire globe to look in on the 24-hour- a-day vigils at Sago and then Alma, I received a number of calls of support and condolences from around the country and around the world. Among the first were calls from Senate Health, Education, Labor, and Pensions, HELP, Committee chairman Mike Enzi and his ranking Democrat member, Ted Kennedy. Chairman Enzi comes from a coal community in Wyoming and understands the bond between miners and their families. He also understands the hazards of mining coal, and he has been determined from the beginning to put out a good bill that can pass this Congress. I have known and admired Mike Enzi since he was the mayor of Gillette, WY, and I, while Governor of West Virginia, was serving as chairman of President Carter's Coal Commission. He is a fine and honest man, and it has been a pleasure to work with him on this vitally important legislation. As for Senator Kennedy, with the exception of his home State of Massachusetts, there can be few places where his long career in the Senate has had more positive impacts than in my State of West Virginia. Both Senator Kennedy and Senator Enzi expressed to me their heartfelt sorrow and their unshakable commitment to work with me on mine safety legislation in this Congress. That commitment had its first demonstration when Chairman Enzi, Senator Kennedy, and HELP Employment and Workplace Safety Subcommittee chairman Johnny Isakson joined me on a trip to Upshur County so they could sit with the families of the Sago miners, as well as with survivors of the accident and company officials. Few meetings that I have attended in my public career were as powerful as the more than 2 hours we spent with the Sago families. But the commitment has been proven beyond all doubt as Chairman Enzi and Senators Kennedy, Isakson, Murray, and Byrd have worked with me to negotiate the MINER Act over the course of the last several months. We have had some differences of opinion and worked through issues in which we were all trying to accomplish the same goal but from occasionally different angles. The good will and conscientiousness that Chairman Enzi and Senator Isakson have shown in this process give me hope for greater bipartisan cooperation in the future. I am extremely grateful to them for their willingness to work through our honest differences. While I believe the MINER Act will result in greatly improved safety in our mines, it is not the last word in health and safety protections for the men and women who work underground. More aggressive measures on mine safety may be needed. Chairman Enzi has produced a very good bill, but I would have included more definitive language to push the introduction of emergency refuge chambers in mines, and I would have prevented the use of belt air anywhere its use presents an unreasonable hazard to miners. In any event, miners should not have to wait much longer for Congress to act. Legislating can be a slow process, but in times of crisis--and I believe we are in a time of crisis in our mines--Congress must act. As we work to move this legislation through Congress, we must commit with equal dedication to ongoing oversight. I believe I have that commitment from the chairman of the HELP Committee. But we need to ask more of the administration also: in resources--real dollars; in a renewed dedication to an inspector workforce weakened by retirements and attrition; and in more vigilance on the part of mine inspectors, who must be willing to spend the time in those mines where safety concerns go unabated today. On the front lines, I believe our coal companies understand that safe mines are productive mines, and our miners come to work each day ready and willing to do their jobs in the safest way possible. I commit to work with my cosponsors and all in Congress and the administration who care about miners to get this bill enacted this year and to continue to improve mine safety even after the MINER Act passes.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, I rise today to recognize a milestone in my home State of West Virginia. Ten years ago, in 1996, a world-renowned automobile company, the Toyota Motor Corp., began producing engines and transmissions in my home State, marking the first major automobile manufacturing plant in West Virginia. In the following 10 years, Toyota Motor Manufacturing of West Virginia, TMMWV, has never stopped expanding. It now employs more than 1,100 people and has invested more than $1 billion in our State. But the story actually begins almost 10 years earlier with a series of meetings I had with Dr. Shoichiro Toyoda, the son of Toyota's founder and its visionary leader for much of the 1980s and 1990s. I met Dr. Toyoda's father, the company founder, during my time in Japan in the 1960s. He soon introduced me to his son, Shoichiro, who would go on to steer Toyota into the 21st century, beginning production of the Lexus line and the Prius hybrid, as well as turning Toyota into a truly global force in the automobile industry. So in the mid-1980s, very early in my Senate career, I began the long, slow process of trying to woo this great company and great family to invest in West Virginia as a key part of their bold plan for investment in the United States and in North America. I recall walking through cornfields in Putnam County with the Toyota site selection committee--facing the hurdles of excavation, preparation of the site, the narrow valley in Buffalo, highway infrastructure, and the construction of a bridge to reach the site. By the time Toyota decided to make Buffalo its new home, I felt like a full-fledged member of that site selection team. The cornfield of those days is now a state-of-the-art manufacturing facility, with a spotless parking lot outside for the hundreds of West Virginia workers proud to arrive for work there every day. Many in the company and outside thought this move was a mistake for Toyota. They thought that transportation of materials and people to and from Buffalo would be too difficult. They thought that West Virginians could not do the work. But Dr. Toyoda saw what others did not--a strong, smart, and friendly workforce and a great place to do business. Although it took many years and a number of meetings with my friend Dr. Toyoda--meetings I now look back upon fondly--Toyota finally decided to place a production facility in West Virginia, and we held our first of many groundbreaking celebrations here in 1996. Now, Toyota's plant in Buffalo, WV, has gained national and international renown. It is the single most productive engine and transmission facility in all of North America for 3 years running, according to the Harbour Report, which is the auto industry authority on manufacturing efficiency and productivity. Toyota has implemented more recommendations from its Buffalo workforce than from most of its other facilities. In fact, other much larger cities around the country are envious of our tremendous success. In The Buffalo News recently, we learned that Buffalo, NY, is looking longingly at Buffalo, WV, and its enormous success in the automotive industry. Toyota is now the second largest automobile producer in the world and has expanded six times in West Virginia alone. Our plant has also spawned a number of automotive suppliers around the State. Toyota has been the anchor to what is now a well-developed supply chain for auto parts, serving not only Toyota but also other car manufacturers in the United States. All of this growth has taken West Virginia, in just 10 short years, to its position today as a major center of American automotive manufacturing. The credit for these great accomplishments goes, first and foremost, to the men and women of West Virginia, some of whom drive hours a day to work at this plant. But Toyota's management in the United States and in Japan has given these workers the tools they need to succeed and excel. I extend my gratitude for this coordination and my congratulations for 10 years of hard work and great accomplishments. Again, Mr. President, I commend the workers and Toyota for 10 years of operations in West Virginia. This company, which is a worldwide model for any kind of manufacturing, took a risk on West Virginia. But their investment has paid enormous dividends, just as I promised my friend Dr. Toyoda it would almost 20 years ago.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, it is my honor today to join with several of my distinguished colleagues to introduce S. 2803, the Mine Improvement and New Emergency Response, MINER Act of 2006. This is the first time Congress has taken a critical look at mine safety since the 1970s. It will be the first significant update of statutory mine safety standards in a generation. The advances in this legislation represent long overdue health and safety improvements for our Nation's miners. The MINER Act will affect every mine and every miner in the country. When fully implemented by the Mine Safety and Health Administration, MSHA, and coal operators, the MINER Act will make the men and women who work in our Nation's coal mines safer than they have ever been. Like many Americans, I was transfixed by the coverage of the tragic events at the Sago Mine in Upshur County, WV, this past January. My heart went out to the families of the miners as they waited and prayed for--and were cruelly denied--a happy ending. Except for the brief elation when we learned of Randal McCloy's miraculous survival, we were all heartbroken by the devastating outcome. Because these were miners and families in my State of West Virginia and because for years I lived and worked in nearby Buckhannon, the tragedy at Sago hit very close to home for me. For current and retired miners and their families across the country, the deaths of the Sago miners were very much the deaths of brothers. When two more miners went missing after a fire in the Alma No. 1 mine near Melville, in Logan County, WV, I knew my place was there with the families. There was little that could be done to ease the anxiety of the miners' families while they waited and prayed together in the church in Melville, having themselves lived through the Sago tragedy. That day, I was standing with Governor Manchin at the mine mouth and we got the news that no one wanted to hear. We returned to the church to be with the families when they heard the words that crushed their hopes for another miracle. No parent or spouse should have to live through a moment like that ever again. It was clear that better mine safety regulation was essential. One positive consequence of the broad news coverage of the Sago and Alma tragedies was that the world got a glimpse of West Virginia at its best: people who work hard, love their families, and trust in their God. My trip to Upshur County to meet with the families--and then the immensely sad and too-familiar repeat 2 weeks later to sit and to grieve with families of the Alma miners in Logan County--inspired what I hope will be a more lasting and tangible result. It became my mission to substantially improve and make more rigorous health and safety standards in American coal mines. I believe the MINER Act is legislation that will fulfill those goals and is the very least we can do as we recall the Sago and Alma miners, as well as those who lost their lives at the Longbranch No. 18, Black Castle, Candice No. 2, and Jacob No. 1 mines in West Virginia and at other mines in Kentucky, Utah, Alabama, and Maryland just this year. The MINER Act amends the Federal Mine Safety and Health Act of 1977 to do the following: Requires companies to submit to MSHA emergency preparedness and response plans, including requirements to deploy state-of-the-art technologies for two-way communications, miner tracking, improved breathing apparatuses, and lifelines. These improvements must be made immediately wherever feasible and no later than 3 years after enactment. Each miner must have enough breathable air accessible to last for a sustained period of time. Requires coal operators to supply miners with additional supplies of breathable air, both in working sections of coal mines and at intervals on escapeways so miners can walk out in the event of a disaster. Increases training on self-rescuers to make sure that technologies are properly deployed in the mine as soon as they become available. Requires operators to notify MSHA within 15 minutes of a disaster or face up to $60,000 in penalties. Improves the overall safety of miners by strengthening mine rescue team requirements for all underground mines. Now at least one miner per shift will have to be sufficiently familiar with the mine's operations to serve as a coordinator in the even of an accident, more miners will be rescue-trained, and response time will be cut in half--down to 1 hour. Requires NIOSH to conduct research, including field testing, of refuge chambers and could result in the Secretary issuing a new regulation to require them. Creates an Office of Mine Safety in NIOSH to distribute mine safety research and development grants and to coordinate with other Government agencies on technology they use that might be adapted for mine safety purposes. Establishes a family liaison position for post-accident assistance to miners' families. Creates for the first time a schedule of higher minimum penalties for the most egregious health and safety violations--essentially doubling fines for serious violations. Tightens up MSHA fine collection procedures and gives MSHA new authority to shut down mines for failure to pay persistent violations. Requires the Secretary of Labor to improve standards for seals in abandoned areas of underground coal mines. Establishes a technical study panel made up of scientists and health and safety experts to review and report to the Secretaries of Labor and Health and Human Services on the use of ``belt air'' and the replacement of worn belts with fire-resistant materials. Creates three scholarship programs: for community college study in basic safety and mine skills for new miners; for college-level study leading toward employment with MSHA; and college and graduate study in mining-related disciplines. Creates the Brookwood-Sago Mine Safety Grants Program in the Department of Labor to fund education and training programs designed to identify, avoid, and prevent unsafe working conditions in and around mines. While television allowed the entire globe to look in on the 24-hour- a-day vigils at Sago and then Alma, I received a number of calls of support and condolences from around the country and around the world. Among the first were calls from Senate Health, Education, Labor, and Pensions, HELP, Committee chairman Mike Enzi and his ranking Democrat member, Ted Kennedy. Chairman Enzi comes from a coal community in Wyoming and understands the bond between miners and their families. He also understands the hazards of mining coal, and he has been determined from the beginning to put out a good bill that can pass this Congress. I have known and admired Mike Enzi since he was the mayor of Gillette, WY, and I, while Governor of West Virginia, was serving as chairman of President Carter's Coal Commission. He is a fine and honest man, and it has been a pleasure to work with him on this vitally important legislation. As for Senator Kennedy, with the exception of his home State of Massachusetts, there can be few places where his long career in the Senate has had more positive impacts than in my State of West Virginia. Both Senator Kennedy and Senator Enzi expressed to me their heartfelt sorrow and their unshakable commitment to work with me on mine safety legislation in this Congress. That commitment had its first demonstration when Chairman Enzi, Senator Kennedy, and HELP Employment and Workplace Safety Subcommittee chairman Johnny Isakson joined me on a trip to Upshur County so they could sit with the families of the Sago miners, as well as with survivors of the accident and company officials. Few meetings that I have attended in my public career were as powerful as the more than 2 hours we spent with the Sago families. But the commitment has been proven beyond all doubt as Chairman Enzi and Senators Kennedy, Isakson, Murray, and Byrd have worked with me to negotiate the MINER Act over the course of the last several months. We have had some differences of opinion and worked through issues in which we were all trying to accomplish the same goal but from occasionally different angles. The good will and conscientiousness that Chairman Enzi and Senator Isakson have shown in this process give me hope for greater bipartisan cooperation in the future. I am extremely grateful to them for their willingness to work through our honest differences. While I believe the MINER Act will result in greatly improved safety in our mines, it is not the last word in health and safety protections for the men and women who work underground. More aggressive measures on mine safety may be needed. Chairman Enzi has produced a very good bill, but I would have included more definitive language to push the introduction of emergency refuge chambers in mines, and I would have prevented the use of belt air anywhere its use presents an unreasonable hazard to miners. In any event, miners should not have to wait much longer for Congress to act. Legislating can be a slow process, but in times of crisis--and I believe we are in a time of crisis in our mines--Congress must act. As we work to move this legislation through Congress, we must commit with equal dedication to ongoing oversight. I believe I have that commitment from the chairman of the HELP Committee. But we need to ask more of the administration also: in resources--real dollars; in a renewed dedication to an inspector workforce weakened by retirements and attrition; and in more vigilance on the part of mine inspectors, who must be willing to spend the time in those mines where safety concerns go unabated today. On the front lines, I believe our coal companies understand that safe mines are productive mines, and our miners come to work each day ready and willing to do their jobs in the safest way possible. I commit to work with my cosponsors and all in Congress and the administration who care about miners to get this bill enacted this year and to continue to improve mine safety even after the MINER Act passes.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, I want to indicate my strong support for the amendment by Senators Akaka, Murray and others to provide an additional $430 million for the Department of Veterans Affairs as part of the supplemental appropriations. I have asked to be included as a cosponsor of this crucial amendment. While I am recovering from recent surgery and unable to cast my vote on the floor, I continue to monitor the work of the Senate and I want to signal my continuous support for better funding for VA care. We should make it a priority to care for all our veterans, the young soldiers returning from Iraq and Afghanistan and the aging veterans from previous conflicts including our WWII veterans. This amendment is a strategic investment. It would provide $80 million for our vet centers that provide vital readjustment counseling. The budget for vet centers has been flat for too long. In recent years, the centers and staff have struggled to meet the needs of our returning veterans from Iraq and Afghanistan. Since 2001, over 118,811 veterans, including Guards and Reservists, have sought services and support from our vet centers. I have visited vet centers in West Virginia and privately met with returning veterans so I am very aware of the care and support our centers provide. The work of our centers is truly important for our veterans and their families throughout West Virginia and our country. This amendment also includes $168 million for a comprehensive VA Mental Health Plan. Many studies indicate that as many as one out of every three returning veterans will need some type of mental health care, and many veterans will struggle with posttraumatic stress disorder. Rumors persist throughout my state about delays in testing and care for mental health issues for veterans after their initial health care appointment. Every veteran who has served in combat deserves the full range of health care in a timely manner, including mental health care. Another concern is a variety of shortfalls that our VA hospitals and networks are reporting. Some areas need specialty doctors, while other hospitals face nursing shortages. This important amendment would provide $182 million to deal with current shortfalls in the system based on local needs and problems. For West Virginia veterans, and veterans across our country, this amendment states that we fully support their service to our country, and their return home and successful readjustment to civilian life.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, today it is my great honor to commend the soldiers of Bravo Company of the 463rd Engineering Battalion, Army Reserve Unit of Weirton, WV, as they return home. Selflessly leaving their families and communities behind during an 11- month deployment in Iraq, the 463rd served as a model of courage throughout their tour of duty. In October 2004, more than 140 men and women of Bravo Company answered the call to service--leaving for training at Fort Bragg and in Kuwait. In doing so, they joined generations of West Virginians who have served our Nation in times of war, unselfishly putting themselves in harm's way to defend our country and protect the freedom of all Americans. I am not surprised by their actions--West Virginians, and our neighbors throughout the Ohio Valley, have always been among the first to respond to their country's call to service--but I am nevertheless grateful for their service and commitment. Thanks to the 463rd and so many other West Virginia men and women who have fought in Iraq and Afghanistan, I am proud to say that West Virginia's long tradition of patriotism is very much alive and well. On Christmas Eve 2004, Bravo Company entered Iraq to begin its mission of rebuilding the war-torn country. Bravo Company provided engineering support for our troops, upgraded an Iraqi Air Force base, repaired a damaged bridge on the Tigris River needed for troop movements, and provided infrastructure for refueling the airplanes that provided such critical support in Operation Iraqi Freedom. Through their determined efforts, these individuals secured the safety of their fellow American men and women in uniform, simultaneously serving as the embodiment of American commitment to the people of Iraq. For that, they deserve our sincere gratitude and deepest respect. Tragically, Bravo Company's mission was not completed without loss. On August 21, 2004, the life of Sgt. Joseph Nurre, a 22-year-old native of Wilton, CA was claimed by a roadside bomb near Samarra, Iraq. His fellow soldiers described him as an intensely dedicated soldier and a warm, engaging friend. As Bravo Company returns home, Sergeant Nurre and his family remain in our thoughts and prayers. To all the men and women of Bravo Company, 463rd Engineering Battalion, I thank you for your service, patriotism, and commitment to our country and its defense. Your bravery and selfless sacrifice have earned you the admiration and respect of West Virginians and our Nation. God bless you all, and welcome home.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, I rise to speak in favor of the conference report on the PATRIOT Act Improvement and Reauthorization Act of 2005 and the accompanying measure to amend the Reauthorization Act. I commend the work of Senator Sununu and others in addressing several flaws in the measure reported by the conference in December. And I congratulate the hard work of Senators Specter and Leahy in leading the Senate's efforts to extend and improve the PATRIOT Act. I remain disappointed, however, in the process followed by the House- Senate conference, which not only excluded Democratic Members from key meetings and deliberations but also excluded the public. Sadly, the deficient process of the PATRIOT Act conference is characteristic of the manner in which too many conferences have been conducted in recent years. Nevertheless, overall, adoption of the conference report, along with the accompanying improvements contained in the Sununu bill, will not only extend the PATRIOT Act but make it a stronger, more balanced tool in our fight against terrorists. I was one of the Senate's 10 conferees: 6 Republicans and 4 Democrats. We were appointed from the leadership and ranks of the Senate Judiciary and Intelligence Committees, the two committees with a direct responsibility for reauthorizing the PATRIOT Act. The Senate conferees were appointed on July 29, 2005, immediately upon the Senate's passage by unanimous consent of the bill that had been unanimously reported by the Senate Judiciary Committee. I had expected that the conference with the House, which in July had passed a different reauthorization bill, would begin promptly on the return of the Congress at the beginning of this past September from last session's August recess. In fact, the House did not name its conferees until November 9. The conference met the following day, on November 10, for its one and only meeting. That meeting was devoted exclusively to 5-minute opening statements. In my opening statement to the conference, I stressed the importance of how we did our work. I urged that the conference proceed openly, including by considering amendments in public session. I warned that otherwise the Congress would risk losing an indispensable ally in the long-term effort to defend the Nation; namely, a public that has confidence in the necessity for and the balance of the PATRIOT Act. Unfortunately, our opening statements turned out to be our closing ones, because we never met again as a conference. The flawed process of the conference produced a flawed result. Because it fell short of what the conference could have achieved, I joined my fellow Senate Democratic conferees in not signing the conference report. We then joined a bipartisan coalition that opposed cutting off debate in December and insisted that there be a further effort to improve the bill. That additional time has been well spent. From the outset of the PATRIOT Act reauthorization debate, there has been neither division nor doubt in the Congress that we would unite in extending the investigative and information sharing powers that were enacted in the wake of September 11. Over this past year, as we have debated the checks and balances that should be added or strengthened, Republicans and Democrats alike have been prepared throughout to achieve what we have now accomplished, the extension of essential national security authorities. In most cases, those authorities have been made permanent. For a few, we have decided that a further review in 4 years is appropriate before deciding whether to make these authorities permanent as well. The PATRIOT Act reauthorization agreement now before us establishes or augments some notable checks and balances. We have responded to the concerns of librarians and booksellers by requiring high level F.B.I. approval of applications for orders requiring the production of records. And we also have required that any such applications to librarians and booksellers be reported to the Congress. The holders of other sensitive records B concerning firearm sales, tax returns, education, and medical matters B also have enhanced protection. The Reauthorization Act also places in the law provisions for the judicial review of orders from the Foreign Intelligence Surveillance Court for the production of records. Similarly, it also places explicitly into law something that the courts have already begun to require; namely, procedures for judicial review of national security letters to businesses from the F.B.I. demanding that they produce records for investigators. I join others in the Senate and House in wishing that some of these provisions had been written in a more balanced way. Specifically, I am concerned that some of the new judicial review procedures tilt in a one-sided manner toward the Government and may not give the individuals and businesses who may seek relief a fair opportunity to make their cases. If Congress promises citizens judicial review, it ought to deliver fully on that promise. Some of those imbalances may have to be addressed by the courts or in future legislation. The additional time to reach a PATRIOT Act agreement also gave us the opportunity to change other objectionable provisions of the original conference report. The report had contained a requirement that the recipients of orders for the production of documents from the Foreign Intelligence Surveillance Court or by a national security letter advise the F.B.I., on its request, of the name of any attorney they contacted. This would have been the first time, to my knowledge, that Congress had empowered the F.B.I. to demand that a citizen, who has been presented with a demand by the Government, inform the F.B.I. that he or she has spoken to an attorney and be required to give the F.B.I. the lawyer's name. I found that this intrusive provision, which we were told that the Department of Justice had insisted upon, to be inconsistent with basic American values. I am especially gratified that Senators Sununu, Craig, Murkowski, and Hagel were able to persuade the White House to strike this misguided provision. Congress has an abiding commitment to provide our law enforcement and intelligence personnel with the tools and authorities they require to protect America. The Foreign Intelligence Surveillance Act and the PATRIOT Act are prime examples of that commitment. And it is a commitment that is not just a one time thing. Congress has returned repeatedly to these statutes to add new authorities or enhance existing ones. In that process, any of us, as individual legislators, may not achieve all of what we want, but collectively we fulfill our oversight responsibilities by inquiring, debating, voting, and conducting oversight concerning the powerful tools that a President, whomever it may be at the time, believes that our law enforcement and intelligence officials need to protect America. This process has not been followed, unfortunately, with respect to the NSA warrantless surveillance program inside the United States recently disclosed and acknowledged by the President. The administration continues to withhold important facts about the NSA program and, in turn, has prevented Congress from understanding the program and evaluating whether it is both legally and operationally sound. If a President refuses to deal with the Congress as a co-equal branch of Government, then the Congress cannot fulfill its responsibility on behalf of the people to ensure that the executive branch is acting under the rule of law. For the PATRIOT Act, this is not the end of the process. We have an obligation to be vigilant in our oversight. And we will be returning to the act no later than 4 years from now when the remaining sunsets expire, in order to consider reauthorization legislation for those authorities. During this time, the Senate Select Committee on Intelligence, of which I am vice chairman, will continue monitoring how the authorities contained in the PATRIOT Act are used to ensure that we have struck the proper balance between empowering our counterterrorism efforts while not infringing upon the civil liberties of Americans.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President I am very pleased that the Senate is taking the necessary steps today to move forward with a reasonable tax relief package. In the coming days, conferees from the Senate and the House will work together to craft a final bill for the President to sign. Yesterday and today, I supported a number of motions offered by my colleagues to instruct our conferees to maintain the Senate's position because, indeed, the Senate package enjoys bipartisan support. I am very proud that the Senate legislation also includes a bipartisan amendment that I worked hard to develop that will stimulate investment in mine safety. Our amendment has two key components. The first provision allows accelerated depreciation to encourage mines to invest in new telecommunications technology, tracking devices, improved breathing apparatus, and other critical safety equipment. The second major initiative provides incentives for the creation of additional mine safety rescue teams. While a miner is trapped, he or she should not have to wait for hours for a rescue team to arrive from far away. West Virginia, Appalachia, and our entire Nation have been stunned and saddened by the recent mine tragedies in West Virginia, Kentucky, and Utah that took the lives of 18 miners and devastated families, friends, and communities. I have visited our West Virginia communities and spoken with families and officials. In the memory of these brave miners, we must take bold and swift action to promote mine safety. We owe it to coal miners who continue to work in mines to do all we can to improve their safety. Coal mining is hard, dangerous work. But coal is the fuel for more than 50 percent of the electricity that powers our country and enables economic growth. The miners who produce the coal deserve the best technology to make our mines as safe as possible. But we must acknowledge that there will be future accidents in our coal mines because of the nature of the industry, and so we must also invest in additional mine rescue teams. This tax package presented an immediate opportunity to promote mine safety. I deeply appreciate the work and support of West Virginia's senior Senator, Robert C. Byrd. We are a team when it comes to mine safety and coal issues, and we are working together on additional legislation that will impose strict new safety standards on the mining industry. I am very pleased that the mine safety tax incentives have been included in this legislation. Indeed, I believe that the bill before the Senate includes many important tax provisions that we ought to enact without delay. Most of these tax cuts are longstanding, broadly supported policies that were unfortunately allowed to expire at the end of last year. Among the tax provisions that the Senate is acting to extend here is relief from the alternate minimum tax for upper middle class families who are about to be hit with a tax only ever intended for the very wealthy. This bill would extend AMT relief for 2006 in order to be sure that families are able to benefit from the income tax cuts the Congress has enacted since 2001. I support this relief, and indeed, I believe Congress needs to act quickly to address fundamental AMT reform. I have cosponsored legislation to permanently repeal the individual AMT because this so-called millionaires' tax is no longer serving its original purpose. As part of overall tax reform that is fiscally responsible, Congress ought to permanently eliminate the specter of this parallel tax system. For now, I am pleased to at least be able to support a bill that will protect families for this year. This bill also extends important tax incentives for the business community. For example, the bill extends the research and development tax credit to provide more than $20 billion to companies that do innovative research to keep America at the forefront of the competitive world economy. I have cosponsored legislation that would make the R&D tax credit permanent, but again, I am pleased to be able to at least support this bill which provides a 2-year extension of this valuable tax incentive. I have also supported legislation to make permanent the welfare-to- work tax credits. The legislation before us today improves and extends these credits for 2 years. I know that many companies in West Virginia have used these credits to provide work opportunities to individuals who previously have been marginalized in our economy. There are many other provisions in this bill that enjoy my support, including an extension of the new markets tax credit, the creation of incentives for additional charitable giving, and tax breaks for our dedicated teachers who spend their own money improving the educational experiences of their students. Having said that I support many of the provisions of this bill, I would like to take just a few moments to discuss some reservations I have with the process under which Congress is considering it. This bill is a tax reconciliation bill, meaning that it will enjoy some procedural protections in the Senate--the costs to the Treasury need not be offset and the final package can pass the Senate with a mere 51 votes. I fear that the reconciliation procedure being used here has put us on a very dangerous course. As this legislation is conferenced with the House of Representatives, the reasonable, bipartisan tax relief that we have passed may be replaced with partisan priorities that do not serve the best interests of average Americans. The House-passed bill does not provide any relief from the alternative minimum tax but instead extends the capital gains and dividend tax cuts beyond 2008. In my own State of West Virginia, fewer than 17 percent of taxpayers reported any taxable dividend income, and fewer than 11 percent of taxpayers had any taxable capital gains. Indeed, nationwide, more than half of the benefits of these investor tax breaks goes to people with more than $1 million in income. The Senate must insist that AMT relief now is a higher priority than investor tax breaks 3 years down the road. The impact on the deficit, facilitated by the reconciliation process, is also a serious concern. I supported a substitute amendment offered by my colleague, Senator Conrad, which would provide all of the same tax relief but would have taken the fiscally responsible step of offsetting the losses to the Treasury. The cost of this bill could be covered by closing tax loopholes and insisting that corporations and individuals are not able to avoid taxes by gaming the system, including in some cases by simply abandoning their U.S. citizenship. I was disappointed that my colleagues did not support this fiscally responsible course at a time when the Treasury Secretary has informed us that the Congress already needs to increase the national debt limit to $9 trillion. These reservations, and indeed the declared intention of some of my colleagues on the other side of the aisle to add investor tax breaks during conference, prevented me from supporting this legislation when the Senate first considered it last November. As I said at the time, and I would still prefer, the reasonable tax relief contained in this Senate bill could be passed using the normal legislative process, garnering well more than 60 votes. However, earlier this month, I supported this Senate bill after two important improvements. First and foremost, the mine safety tax incentives were added to this bill. As a representative of so many coal miners and their families, I will do all I can to advance measures that encourage additional investment in mine safety. I was also encouraged that during consideration in early February, the Senate passed an amendment offered by Senator Menendez, by a vote of 73 to 24. That amendment expresses the sense of the Senate that relief from the alternative minimum tax should take precedence over any additional tax cuts for capital gains and dividend income. I hope to work with my colleagues as differences between the House and Senate bills are resolved. I hope that we can work together to enact reasonable tax relief that enjoys broad bipartisan support. And I will fight to be sure that the tax incentives for investment in mine safety are maintained in the final legislation.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, I wish to associate myself with the remarks of my distinguished senior senator, Mr. Byrd, and rise to ask my colleagues to take up and adopt our resolution honoring miners in West Virginia and throughout this country who work hard in dangerous situations to provide energy this Nation needs. The attention of the world was focused on small towns in my State of West Virginia in the first two months of 2006. When 12 miners were found to have died in the Sago Mine in Upshur County in early January, the hopes and prayers of a global television audience were dashed along with those living the tragedy in the Sago Baptist Church. Americans and our friends around the world tuned in again when miners became trapped by a belt fire in the Alma Mine in Logan County later in January. I was sitting with the families of the trapped miners when they heard the news we were all dreading. It was a profoundly sad and moving moment, one I will never forget, and an experience which I cannot do justice to here. When tragedy struck again at two mines in Boone County it was almost more than any of us could bear. After these accidents, the Governor of my State of West Virginia, Joe Manchin, who has been a stalwart throughout these trying times, called for a temporary stand-down in West Virginia mines to reinforce and reinvigorate mine safety procedures. I was pleased to see that the Mine Safety and Health Administration, MSHA, came into West Virginia in numbers to assist State officials, and later instituted a 1-hour safety refresher for all U.S. mines under its authority. In Pennsylvania, Governor Rendell emulated Governor Manchin in calling for renewed safety training for mines throughout the Commonwealth. Mining, as we know, is an inherently dangerous profession, but it is a vital component in our Nation's economy. Without coal from Appalachia, the Illinois Basin, the Powder River Basin, and various other regions throughout the U.S., our economy shuts down. Coal provides more than half our electricity, and coal conversion technologies will soon allow America's most abundant mineral resource to provide transportation fuels and chemical feedstocks as well. If the United States of America is ever going to lessen its dependence on foreign sources of energy, you can be sure that the miners will lead the way. These are men and women who do a job most Americans understand little about, and until tragedy periodically reminds the Nation, most Americans probably do not even think about. Coal production is increasing across the country and around the world. Coal is on the rise, and safety has to be, too. Mine safety has been very much in the thoughts of every West Virginian these first two months of 2006. In 2005, West Virginia lost miners also, as did Alabama, Ohio, Wyoming, Pennsylvania, and Kentucky. Mr. President, 2006 has already seen mine fatalities in Kentucky and Utah. As these tragedies show, and as MSHA's nationwide action and Governor Rendell's actions in Pennsylvania suggest, mine safety is a national issue and improving it must be a national priority.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, I simply want to thank the chairman of the Finance Committee, and I thank the ranking member for working this out and having everybody in it together. I welcome working with Senator Santorum. It is a good thing to do. It is dark days in Appalachia now, and this will help a lot. Thank you.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, it is my honor today to join with my colleague Senator Byrd, who I am sure will be here very shortly. We are very proud to announce that we are, as an entire West Virginia delegation, introducing the Federal Mine Safety and Health Act of 2006. The last few weeks have been an emotional roller coaster in West Virginia and across large parts of the country as we watched the damage and the pain and the crying and the anger because of a series of coal mine accidents that happened in West Virginia where 14 miners lost their lives and in the State of Kentucky where a miner lost his life. There is no real way of describing the sadness and the grief of being with families as they find out their coal-miner spouses are no longer alive. Everybody understands that coal mining is very dangerous, but you go in every day with the hope that it will be all right. It is a way of life. People ask, Why do you go into coal mining? They go into coal mining to keep the lights of America on and they do it to earn a good wage. What we have to do is make sure the legacy of these 15 miners who died--1 in Kentucky and 14 in West Virginia, 15 miners in all--is that we make sure this kind of tragedy never happens again. It is amazing to be in a coal-mining community when tragedy hits. People pull together amazingly, in Kentucky very much like West Virginia in that respect, and there is a sense of family. One person's loss is every person's loss. Obviously, we have the losses that come in Iraq and in wartime in general. But there is something about coal mining. When there is a death in coal mining, it is devastating to a community and it takes a long time to heal. I would come to churches--the Freewill Baptist Church in Logan County, the Sago Baptist Church in Upshur County, one south and the other up north--and you learn spiritually and personally forever with people who are bound together forever because they have gone through something which is truly difficult. I note that in the case of Kentucky, we even have evidence of a miner who was killed two years ago who was actually videotaping with his video camera things which he thought were not proper in that particular mine, as he was killed. He was still videotaping as he was killed. Legislation is needed. I note the presence on the floor of my distinguished senior colleague, Senator Byrd. What we plan to do in the Senate and in the House--we in the Senate and our three Members in the House--is, in fact, to take the first step toward improving mine safety and doing it through legislation. It is a sad thing to say, for the country and for all of us, where we have gone through a period of years where we haven't had large numbers of people killed in the mines, that we have been lulled into thinking that mining is not dangerous. That has been compounded by the fact that the obsession with oil which the President spoke about last night has been very real. What is going on overseas in Afghanistan, Iraq, and other places of danger across the world has generally tended to pull us away, I think maybe for 20 years, from a review of what coal mine safety legislation, rules, and regulation through MSHA, the Mine Safety and Health Agency, ought to be. Things haven't changed a lot. The safety technology in the mines has not changed a lot. There is a bit of a lax attitude, and a little bit of indifference. This is the world we live in--the world of mining--and it is as it is, and it ever shall be. That kind of thinking we have to stop. As a delegation, led by Senator Byrd, we are determined to do that. We are determined that the legacy of these 14 miners in West Virginia and the one in Kentucky will be that this kind of accident never takes place again. We do not want that to happen. The irony is that coal, which has always been taken for granted by the American people, to my distress, is a full 31 percent--and it has been for years--of all of our energy use in America. People are always thinking about importing oil, and we do. That is a tremendous addition to our trade deficit, and it causes all kinds of other problems when we are dealing with very unstable countries--increasingly unstable countries. But all the while coal has been sitting there. We have a 250-year supply of coal in the United States of America. That can be substituted for much of that oil. The coal industry is growing. The price of coal is going up. People are going to be opening new coal mines. I wouldn't say it is a hot industry in financial terms, but it is very close to it, which means there are going to be more mines opened. Therefore, more people will be getting into mining--some will be small, some will be larger. We have to make sure they will be mining safely and responsibly. That takes vigilance on our part, on the part of the Secretary of Labor, and on MSHA's part. That is why Senator Byrd, my senior Senator, will no doubt submit the bill. But we want to call immediate attention to the Mine Safety and Health Administration and the Secretary of Labor because they have in their power right now the ability to cause to happen a number of the suggestions which we are making. They can simply do it. They have the rulemaking power to do that, but they have not done that. What we are doing is looking at a few ways that the Mine Safety and Health Administration and also the Secretary of Labor, Elaine Chao, can act aggressively to improve mine safety, as they can do without a single change in any law at all. In many cases, Congress has given them this authority. It is just a matter of the Secretary of Labor moving on these issues. It ought to ring loud and clear, and there ought to be results from that. In our bill, we also instruct the Secretary to promulgate rules quickly to require a series of things: advanced communication and breathing apparatus, technologies that can be deployed in our mines. This is something which has baffled Senator Byrd, myself, and our delegation for a long time. We have a lot of rules and regulations; regarding breathing apparatuses, for example; oxygen supplies, for example--which have not changed since 1977, or before. We have just gone through a period of years when we have not put the focus on coal mine safety. Now that is at an end. We have to have advanced communications and breathing apparatus technologies. It has been said often--it will be said once again--that we could talk with Neil Armstrong on the Moon when he was there many years ago, but we can't talk with a coal miner in a two-way communications system who may be 1,000 or 2,000 feet underground. To say the technology for that doesn't exist is to say that America isn't America. I have had in my office, as I am sure others have, numerous people in the last several days pouring out ideas they are working on or have developed. The families of the victims gave us many ideas of what could be done. We are a country of new technologies. We have simply declined to apply it to coal mine safety, and the coal mines have been a bit lax to take the initiative on that. This is something we are all going to have to do together. We have to demand that rescue teams be staffed and on site in every single mine. There was a major problem, particularly at the Sago mine up north. But rescue teams have to be a part of an operation. If you are going to start a business, a rescue team within your workforce has to be a part of what you do--not simply wait for a rescue team 2 hours away to collect itself and then come. That is usually too late. It is amazing to me that that situation exists. We have to also develop a schedule of fines for mining violations. They have to mean something. The average mine violation at Sago--there seem to be several hundred of them--all seems to be $60 or $270. That doesn't change behavior. That encourages a company to say, Look, we will pay because there is no real penalty on us. Fines can be charged up to $60,000, and we are going to increase that. Mines can be shut down by Federal mine inspectors if they choose to do that. But for the most part they have not chosen to do that. The lesson has to sink in to be responsible as a coal mine or else you can't do it. Another matter in our legislation is that we have to notify the MSHA immediately when there is an accident. That was not done in a couple of our cases. In one case, it took a very long period of time to notify the agency. That seems a small thing, but that is a huge thing, particularly because small mines today don't necessarily have their own rescue teams. There have to be extra alerts that go out across the Federal and the State bureaucracy and within the mining community so that rescue teams can get to the spot as soon as possible. So we want the Federal mine safety agency to make the health of miners its first and foremost priority. As of the day that first problem happened at Sago with the death of so many miners, it has become my first priority and will stay that way until we get what we need in coal mine safety, working with the companies, with the Federal Government and, where necessary, to use legislation. The enforcement of mine safety laws requires a set of penalties that reflects the seriousness. We cannot have a situation such as we had at Sago Mine--$60 or $270 fines with over 200 violations. They have to reflect the seriousness, and be proportional. They have to be larger and have impact. Companies cannot just say, I will go ahead and pay that, but I don't have to make any change because I can afford to pay that; then I don't have to have people coming in and looking at what is going on in my mine as much. MSHA has minimal penalties and that is the fault of all of us; but primarily MSHA should do its job. As part of MSHA's invigorated commitment to the safety of miners, we are going to seek to have in our legislation the agency enforce a longstanding rule which was canceled in 2004. It is a very serious rule and one that I will briefly explain. Mine operators have been using fresh air escapeways to house coal conveyer belts. What does that mean? The first thing we need to understand, mines are required to have fresh air escapeways. These are supposed to be free from potentially combustible material, combustible gases, and the possibility of fire. Where there is a beltway--which costs $100 million plus in some cases; it is a very large operation--a single friction could ignite a fire. That fire, then, can take off into the coal seams and cause terrible damage and destruction of human life. Belt fires such as the one resulting in the deaths of the two brave West Virginians at the Alma mine in southern West Virginia are some of the most dangerous occurrences in coal mining in any form. The very least we can do to protect miners is keep the entrances to the mines-- where these miners risk their lives every day to provide the rest of the country with the energy--free of such avoidable hazard. That was the rule. That was the law for many years. For reasons we can only guess, MSHA altered the enforcement practices to allow for entry coal belts in 2004. That is wrong. That is the lack of vigilance on the part of all who watch over mining. Finally, our legislation calls for the creation of a position of miner ombudsman. People say, So what? There is a big ``so what.'' It is a fact that miners in some mines are afraid to report safety deficiencies. They are afraid to report certain matters because they think if they do they will get in trouble or get fired or their sister or brother will get fired from a coal mine. I am not making an accusation, but I heard a great deal of talk about that condition when I was in West Virginia for many days, along with my senior Senator, Senator Byrd. I heard that a great deal. The miners have to have a voice in an overall Federal agency. That voice in the overall Federal agency--MSHA--has to be out of the political process, almost detached, in a sense, from MSHA itself. That is important because we have to provide people a place to report mine safety problems. They have to be able to do it anonymously and they have to be able to do it feeling safe about so doing. My West Virginia colleague and I do not pretend to be doing a complete fix of mine safety legislation. We do believe our act is a first strong step on a path that Congress should have started down some time ago. It is immensely sad it took the deaths of 14 West Virginians and 1 Kentuckian to galvanize the emotion, anger, and determination one has to have when it comes to making sure the coal mines are safe. Coal mines are a world within themselves. The taste of a coal mine, the smell of a coal mine, the brotherhood of a coal mine, the danger of a coal mine, these are things which are part of people's lives. Most people in West Virginia, most people across the United States of America, have never been down a coal mine because it is restricted and people cannot wander in to look around. Those who have oversight responsibility have to make sure they do their job. I, for one, believe those who do represent the mining State need to take this responsibility, as do the companies, as do the operators at the ground level, and also the miners themselves. I have had a slew of ideas in the last several days. I am optimistic we can find technology--it may come out of DARPA or DOD. Remember in the first gulf war, the Marines, Air Force, Navy, and Army could not communicate with each other when they went into Kuwait. Their radio bands were all different. Everyone knows that story. That was bad. They fixed it. That is what we have in our coal mines. That has to be fixed. Mine safety moved to the top of my legislative priority list the very day I heard of these tragedies. I commend this important legislation to my colleagues. I invite them to join Senator Byrd and myself in cosponsoring this legislation.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, I ask unanimous consent to speak as if in morning business.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, it is my honor today to join with my colleague Senator Byrd, who I am sure will be here very shortly. We are very proud to announce that we are, as an entire West Virginia delegation, introducing the Federal Mine Safety and Health Act of 2006. The last few weeks have been an emotional roller coaster in West Virginia and across large parts of the country as we watched the damage and the pain and the crying and the anger because of a series of coal mine accidents that happened in West Virginia where 14 miners lost their lives and in the State of Kentucky where a miner lost his life. There is no real way of describing the sadness and the grief of being with families as they find out their coal-miner spouses are no longer alive. Everybody understands that coal mining is very dangerous, but you go in every day with the hope that it will be all right. It is a way of life. People ask, Why do you go into coal mining? They go into coal mining to keep the lights of America on and they do it to earn a good wage. What we have to do is make sure the legacy of these 15 miners who died--1 in Kentucky and 14 in West Virginia, 15 miners in all--is that we make sure this kind of tragedy never happens again. It is amazing to be in a coal-mining community when tragedy hits. People pull together amazingly, in Kentucky very much like West Virginia in that respect, and there is a sense of family. One person's loss is every person's loss. Obviously, we have the losses that come in Iraq and in wartime in general. But there is something about coal mining. When there is a death in coal mining, it is devastating to a community and it takes a long time to heal. I would come to churches--the Freewill Baptist Church in Logan County, the Sago Baptist Church in Upshur County, one south and the other up north--and you learn spiritually and personally forever with people who are bound together forever because they have gone through something which is truly difficult. I note that in the case of Kentucky, we even have evidence of a miner who was killed two years ago who was actually videotaping with his video camera things which he thought were not proper in that particular mine, as he was killed. He was still videotaping as he was killed. Legislation is needed. I note the presence on the floor of my distinguished senior colleague, Senator Byrd. What we plan to do in the Senate and in the House--we in the Senate and our three Members in the House--is, in fact, to take the first step toward improving mine safety and doing it through legislation. It is a sad thing to say, for the country and for all of us, where we have gone through a period of years where we haven't had large numbers of people killed in the mines, that we have been lulled into thinking that mining is not dangerous. That has been compounded by the fact that the obsession with oil which the President spoke about last night has been very real. What is going on overseas in Afghanistan, Iraq, and other places of danger across the world has generally tended to pull us away, I think maybe for 20 years, from a review of what coal mine safety legislation, rules, and regulation through MSHA, the Mine Safety and Health Agency, ought to be. Things haven't changed a lot. The safety technology in the mines has not changed a lot. There is a bit of a lax attitude, and a little bit of indifference. This is the world we live in--the world of mining--and it is as it is, and it ever shall be. That kind of thinking we have to stop. As a delegation, led by Senator Byrd, we are determined to do that. We are determined that the legacy of these 14 miners in West Virginia and the one in Kentucky will be that this kind of accident never takes place again. We do not want that to happen. The irony is that coal, which has always been taken for granted by the American people, to my distress, is a full 31 percent--and it has been for years--of all of our energy use in America. People are always thinking about importing oil, and we do. That is a tremendous addition to our trade deficit, and it causes all kinds of other problems when we are dealing with very unstable countries--increasingly unstable countries. But all the while coal has been sitting there. We have a 250-year supply of coal in the United States of America. That can be substituted for much of that oil. The coal industry is growing. The price of coal is going up. People are going to be opening new coal mines. I wouldn't say it is a hot industry in financial terms, but it is very close to it, which means there are going to be more mines opened. Therefore, more people will be getting into mining--some will be small, some will be larger. We have to make sure they will be mining safely and responsibly. That takes vigilance on our part, on the part of the Secretary of Labor, and on MSHA's part. That is why Senator Byrd, my senior Senator, will no doubt submit the bill. But we want to call immediate attention to the Mine Safety and Health Administration and the Secretary of Labor because they have in their power right now the ability to cause to happen a number of the suggestions which we are making. They can simply do it. They have the rulemaking power to do that, but they have not done that. What we are doing is looking at a few ways that the Mine Safety and Health Administration and also the Secretary of Labor, Elaine Chao, can act aggressively to improve mine safety, as they can do without a single change in any law at all. In many cases, Congress has given them this authority. It is just a matter of the Secretary of Labor moving on these issues. It ought to ring loud and clear, and there ought to be results from that. In our bill, we also instruct the Secretary to promulgate rules quickly to require a series of things: advanced communication and breathing apparatus, technologies that can be deployed in our mines. This is something which has baffled Senator Byrd, myself, and our delegation for a long time. We have a lot of rules and regulations; regarding breathing apparatuses, for example; oxygen supplies, for example--which have not changed since 1977, or before. We have just gone through a period of years when we have not put the focus on coal mine safety. Now that is at an end. We have to have advanced communications and breathing apparatus technologies. It has been said often--it will be said once again--that we could talk with Neil Armstrong on the Moon when he was there many years ago, but we can't talk with a coal miner in a two-way communications system who may be 1,000 or 2,000 feet underground. To say the technology for that doesn't exist is to say that America isn't America. I have had in my office, as I am sure others have, numerous people in the last several days pouring out ideas they are working on or have developed. The families of the victims gave us many ideas of what could be done. We are a country of new technologies. We have simply declined to apply it to coal mine safety, and the coal mines have been a bit lax to take the initiative on that. This is something we are all going to have to do together. We have to demand that rescue teams be staffed and on site in every single mine. There was a major problem, particularly at the Sago mine up north. But rescue teams have to be a part of an operation. If you are going to start a business, a rescue team within your workforce has to be a part of what you do--not simply wait for a rescue team 2 hours away to collect itself and then come. That is usually too late. It is amazing to me that that situation exists. We have to also develop a schedule of fines for mining violations. They have to mean something. The average mine violation at Sago--there seem to be several hundred of them--all seems to be $60 or $270. That doesn't change behavior. That encourages a company to say, Look, we will pay because there is no real penalty on us. Fines can be charged up to $60,000, and we are going to increase that. Mines can be shut down by Federal mine inspectors if they choose to do that. But for the most part they have not chosen to do that. The lesson has to sink in to be responsible as a coal mine or else you can't do it. Another matter in our legislation is that we have to notify the MSHA immediately when there is an accident. That was not done in a couple of our cases. In one case, it took a very long period of time to notify the agency. That seems a small thing, but that is a huge thing, particularly because small mines today don't necessarily have their own rescue teams. There have to be extra alerts that go out across the Federal and the State bureaucracy and within the mining community so that rescue teams can get to the spot as soon as possible. So we want the Federal mine safety agency to make the health of miners its first and foremost priority. As of the day that first problem happened at Sago with the death of so many miners, it has become my first priority and will stay that way until we get what we need in coal mine safety, working with the companies, with the Federal Government and, where necessary, to use legislation. The enforcement of mine safety laws requires a set of penalties that reflects the seriousness. We cannot have a situation such as we had at Sago Mine--$60 or $270 fines with over 200 violations. They have to reflect the seriousness, and be proportional. They have to be larger and have impact. Companies cannot just say, I will go ahead and pay that, but I don't have to make any change because I can afford to pay that; then I don't have to have people coming in and looking at what is going on in my mine as much. MSHA has minimal penalties and that is the fault of all of us; but primarily MSHA should do its job. As part of MSHA's invigorated commitment to the safety of miners, we are going to seek to have in our legislation the agency enforce a longstanding rule which was canceled in 2004. It is a very serious rule and one that I will briefly explain. Mine operators have been using fresh air escapeways to house coal conveyer belts. What does that mean? The first thing we need to understand, mines are required to have fresh air escapeways. These are supposed to be free from potentially combustible material, combustible gases, and the possibility of fire. Where there is a beltway--which costs $100 million plus in some cases; it is a very large operation--a single friction could ignite a fire. That fire, then, can take off into the coal seams and cause terrible damage and destruction of human life. Belt fires such as the one resulting in the deaths of the two brave West Virginians at the Alma mine in southern West Virginia are some of the most dangerous occurrences in coal mining in any form. The very least we can do to protect miners is keep the entrances to the mines-- where these miners risk their lives every day to provide the rest of the country with the energy--free of such avoidable hazard. That was the rule. That was the law for many years. For reasons we can only guess, MSHA altered the enforcement practices to allow for entry coal belts in 2004. That is wrong. That is the lack of vigilance on the part of all who watch over mining. Finally, our legislation calls for the creation of a position of miner ombudsman. People say, So what? There is a big ``so what.'' It is a fact that miners in some mines are afraid to report safety deficiencies. They are afraid to report certain matters because they think if they do they will get in trouble or get fired or their sister or brother will get fired from a coal mine. I am not making an accusation, but I heard a great deal of talk about that condition when I was in West Virginia for many days, along with my senior Senator, Senator Byrd. I heard that a great deal. The miners have to have a voice in an overall Federal agency. That voice in the overall Federal agency--MSHA--has to be out of the political process, almost detached, in a sense, from MSHA itself. That is important because we have to provide people a place to report mine safety problems. They have to be able to do it anonymously and they have to be able to do it feeling safe about so doing. My West Virginia colleague and I do not pretend to be doing a complete fix of mine safety legislation. We do believe our act is a first strong step on a path that Congress should have started down some time ago. It is immensely sad it took the deaths of 14 West Virginians and 1 Kentuckian to galvanize the emotion, anger, and determination one has to have when it comes to making sure the coal mines are safe. Coal mines are a world within themselves. The taste of a coal mine, the smell of a coal mine, the brotherhood of a coal mine, the danger of a coal mine, these are things which are part of people's lives. Most people in West Virginia, most people across the United States of America, have never been down a coal mine because it is restricted and people cannot wander in to look around. Those who have oversight responsibility have to make sure they do their job. I, for one, believe those who do represent the mining State need to take this responsibility, as do the companies, as do the operators at the ground level, and also the miners themselves. I have had a slew of ideas in the last several days. I am optimistic we can find technology--it may come out of DARPA or DOD. Remember in the first gulf war, the Marines, Air Force, Navy, and Army could not communicate with each other when they went into Kuwait. Their radio bands were all different. Everyone knows that story. That was bad. They fixed it. That is what we have in our coal mines. That has to be fixed. Mine safety moved to the top of my legislative priority list the very day I heard of these tragedies. I commend this important legislation to my colleagues. I invite them to join Senator Byrd and myself in cosponsoring this legislation.