E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, MONDAY, NOVEMBER 7, 2005 No. 146 Senate The Senate met at 1 p.m. and was U.S. SENATE, This week, we will also consider any called to order by the Honorable JEFF PRESIDENT PRO TEMPORE, of the available appropriations con- SESSIONS, a Senator from the State of Washington, DC, November 7, 2005. ference reports. The conference report Alabama. To the Senate: to accompany the Foreign Operations Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby bill is at the desk, and we hope to PRAYER appoint the Honorable JEFF SESSIONS, a Sen- schedule that measure either today or The Chaplain, Dr. Barry C. Black, of- ator from the State of Alabama, to perform tomorrow. We look forward to another fered the following prayer: the duties of the Chair. full week of business before completing Let us pray. TED STEVENS, our work prior to Thanksgiving. President pro tempore. Eternal Lord God, give us today Your f Mr. SESSIONS thereupon assumed strength for our weakness. We need SUDAN VICE PRESIDENT Your power for our helplessness. We the chair as Acting President pro tem- need Your wisdom for our ignorance. pore. Mr. FRIST. Mr. President, later this We need Your purity for our sins. We f afternoon, I have the honor of hosting need Your love for our indifference. We Sudan’s First Vice President, Salva RESERVATION OF LEADER TIME need Your presence for our loneliness. Kiir, in the U.S. Capitol. I have come Empower our Senators to begin to The ACTING PRESIDENT pro tem- to the floor many times to speak on solve the problems that beset our Na- pore. Under the previous order, the Sudan, having gone to that country tion. Grant that at every decision leadership time is reserved. just about every year for the last 7 or crossroad they will receive the direc- f 8 years, having spent most of that time tion of Your spirit. in southern Sudan. I look forward to RECOGNITION OF THE MAJORITY being with and hosting Salva Kiir, who Remind us all that we need not face LEADER life alone, for You have promised to al- is a founding member of the SPLM, the ways be with us. The ACTING PRESIDENT pro tem- Sudan People’s Liberation Movement. And, Lord, comfort those whose lives pore. The majority leader is recog- In January of this year, the SPLM have been devastated by the Indiana nized. and the Sudanese Government in Khar- tornado. f toum signed the Comprehensive Peace Agreement, bringing an end to 21 years You are our strength for today and SCHEDULE our hope for tomorrow. of a brutal civil war, a civil war that Amen. Mr. FRIST. Mr. President, this after- has destroyed much of that country, noon, we will have a period for the especially in the south. f transaction of morning business until 2 When I first started going to Sudan, p.m. At 2 p.m. today, we will resume literally there was no hospital in PLEDGE OF ALLEGIANCE consideration of the Department of De- southern Sudan, and the one hospital fense authorization bill. On Friday, we that was eventually reopened was a The Honorable JEFF SESSIONS led the turned to the Defense bill under the hospital that had been closed about 18 Pledge of Allegiance, as follows: provisions of the earlier consent agree- years previously, with landmines I pledge allegiance to the Flag of the ment. We had six amendments offered, placed all around that hospital. It de- United States of America, and to the Repub- with one of those being adopted by stroyed health care there, obviously, lic for which it stands, one nation under God, voice vote. We expect further amend- but it had destroyed commerce, any indivisible, with liberty and justice for all. ments and debate during today’s ses- touch of humanity, and had driven the f sion and, as we announced Friday, we entire southern population out of vil- will vote at 5:30 p.m. in relation to a lages, dispersing them, with 5 million Defense authorization amendment. The APPOINTMENT OF ACTING people displaced and about 2 million chairman and ranking member will be PRESIDENT PRO TEMPORE people who died in that civil war. here throughout the afternoon today, In June of this year, longtime SPLM The PRESIDING OFFICER. The and we will alert all Senators when chairman and a very close friend of clerk will please read a communication that 5:30 p.m. rollcall vote is locked in. mine, Dr. John Garang, went back to to the Senate from the President pro We expect to finish the Defense author- Khartoum for the first time in 21 years. tempore (Mr. STEVENS). ization bill on Tuesday or possibly It was a momentous time. At that The legislative clerk read the fol- Wednesday of this week, with rollcall time, he was sworn in as First Vice lowing letter: votes each day. President of Sudan. Up until that time,

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

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VerDate Aug 31 2005 01:03 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.000 S07NOPT1 S12416 CONGRESSIONAL RECORD — SENATE November 7, 2005 he had always been in southern Sudan. their lives in this 21 years of struggle. amendment to create an independent It was a historic moment not that long But the days, weeks, and months ahead commission to investigate the policies ago, cheered by millions and millions do hold great promise not only for the and practices relating to the treatment of Sudanese. north and the south but for the entire of what we have come to call detainees Tragically, 1 month later, on July 30, country. but what are, in fact, prisoners being the helicopter that was carrying Dr. During our meeting this afternoon, I held by the Government. Garang and his passengers crashed, a hope to hear Salva Kiir’s assessment of I am proud to be a cosponsor of that sudden crash. Why it crashed nobody the peace process and his suggestions, important amendment. I urge my col- knows. his counsel, his recommendations on leagues to support it as well. Salva Kiir replaced Dr. Garang as how we in this body and the United Let me say a word, initially, about First Vice President, and he promises States can help. the use of language. We sometimes use to carry forward this peace process, I also hope to discuss the deterio- language without focusing on the im- which is challenging, but it can be ac- rating situation in Sudan’s western re- plications of that language. Unfortu- complished. gion, Darfur. Last week on the floor, I nately, in the case of this discussion, His predecessor had worked very hard summarized again the deterioration of we have fallen into the practice of re- over many years to take that country what is happening in that Darfur re- ferring to these individuals at Guanta- to the point of peace. Under that peace gion. I also had the opportunity to namo and elsewhere as ‘‘detainees.’’ Of agreement, Sudan enters a 6-year in- visit, a little over a year ago, the coun- course, the suggestion that someone is terim period, and 4 years into that, at try west of Darfur, Chad, where there being detained is a lot less onerous or the 4-year mark, nationwide elections are so many refugees today. implies a lot less of a taking of that will be held at the provincial and na- In the past few weeks, we have wit- person’s freedom than the phrase tional levels. The interim period will nessed a serious escalation in violence ‘‘being imprisoned.’’ The truth is, these culminate with a vote by the people in among the Jingaweit militias who are individuals are being imprisoned. southern Sudan to decide their polit- supported by government forces. They The amendment that Senator LEVIN ical future. are ravaging villages, they are rav- has offered would have an independent It is a fragile moment for Sudan, but aging these refugee camps and attack- commission evaluate the current prac- it is one for great hope. ing—and these are the descriptions we tice of indefinitely imprisoning indi- I had gotten involved and worked continue to get—attacking civilians, viduals at Guantanamo without ever very hard with Dr. Garang and other attacking humanitarian groups, and charging them with a crime in either leaders of the SPLA and SPLM. I had attacking the African Union peace- Federal court or under a competent the opportunity to meet with Dr. keeping forces. military tribunal. Garang many times. I was hosted last The recent split among the leader- This commission would then report August at his home in a place called ship of Darfur’s main rebel group fur- back to Congress and give us rec- New Site in southern Sudan, where I ther threatens to undermine the peace ommendations on whether we should spent several days with Dr. Garang and talks that are scheduled to resume in change existing law or change policy his wife. the Nigerian capital on November 21, a on this set of important issues. The This June, not that long ago, I had couple of weeks from now. current practice of holding detainees or the opportunity to host Dr. Garang in It is imperative that all parties bring prisoners indefinitely, without afford- my Capitol office. During that meet- the violence to a halt. Only peaceful ing them basic due process rights, has ing, he emphasized to me, looking me negotiations and dialog ultimately are been widely criticized in this country directly in the eye, that for the peace going to bring true resolution. The and throughout the world. For a coun- to hold, both parties must fulfill their Comprehensive Peace Agreement try such as ours that has consistently obligations. He stressed that continued shows that it can be done. advocated for the rule of law, the poli- pressure from the United States is ab- Before his death, Dr. Garang told a cies of the current administration are solutely critical to ensure that these hopeful country that the peace agree- nothing short of a major embarrass- obligations are met. ment between the north and the ment. The civil war and its aftermath have south—and these are his words—will Since September 11 of 2001, the ad- created a staggering humanitarian cri- change Sudan forever and engulf the ministration has asserted extraor- sis. I mentioned 5 million people dis- country in a democratic and funda- dinary new powers with respect to the placed from their homes and over 2 mental transformation.’’ And he is imprisoning of individuals suspected of million people have died. That subjects right. being involved in terrorism. The Presi- the country to a famine and deteriora- It is now First Vice President Kiir’s dent has argued that the Government tion and destruction of health care sys- great challenge and opportunity to has the authority to indefinitely im- tems and education infrastructure. carry forward that torch and lead his prison any person that he, the Presi- International assistance in education, country toward that permanent and dent, determines to be an ‘‘enemy com- in building of roads, in the infrastruc- lasting peace. batant.’’ They have that authority ture of health care can help show a I look forward to our discussion this whether or not the person is a U.S. cit- traumatized nation, after 21 years of afternoon. On behalf of the American izen. Of course, our Government has civil war, that peace is the only way people, I offer our hope and our opti- also forcefully opposed any judicial re- forward. mism to the First Vice President and view of the President’s determination As I mentioned, this is a critical mo- to the people of Sudan. in that regard. ment for Sudan. Many southerners Mr. President, I yield the floor. There are over 500 people who are have expressed concern about the un- currently being imprisoned in Guanta- f fair distribution and domination of key namo. Many of these individuals have Cabinet posts by the ruling party. Sol- MORNING BUSINESS been held for over 3 years without diers from southern Sudan are still The ACTING PRESIDENT pro tem- being afforded the ability to challenge waiting for a decision regarding the pore. Under the previous order, there the basis for their detention. The ad- formation of what are called Joint In- will now be a period for the transaction ministration has developed a new cat- tegrated Units, with troops from the of morning business until 2 p.m., with egory of detainee, the ‘‘unlawful enemy north and the south participating to- the time equally divided between the combatant,’’ and they have argued that gether, side by side. And violence majority and the minority. neither the laws of war nor traditional against civilians in southern Sudan is The Senator from New Mexico. criminal laws apply to these individ- slowing down, hindering humanitarian f uals. In essence, we have created a new and reconstruction efforts in this war- type of prisoner who is unable to seek ravaged region of the country. INDEPENDENT COMMISSION ON the protections of the Geneva Conven- The road forward is not going to be DETAINEE TREATMENT tions or to take advantage of the rights easy. In the best of worlds, it is not Mr. BINGAMAN. Mr. President, I rise afforded to individuals in this country going to be easy. Millions have lost to speak in support of Senator LEVIN’s under our criminal justice system or

VerDate Aug 31 2005 01:03 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.001 S07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — SENATE S12417 under the criminal justice system that tigating news reports that the CIA is honor promises made during a previous hun- applies in our military. Under the cur- holding suspected terrorists in Soviet- ger strike. rent procedures, every Guantanamo era detention facilities in eastern Eu- Military authorities do not publicly dis- cuss individual detainees and declined to prisoner is reviewed by a combatant ropean countries. This is a troublesome comment on Dossari. Lt. Col. Jeremy Mar- status review tribunal to determine development considering the wide- tin, spokesman for Joint Task Force Guanta- whether the Department of Defense be- spread reports that our own Vice Presi- namo, said yesterday that there have been a lieves that individual is an ‘‘enemy dent continues to urge that bipartisan total of 36 suicide attempts by 22 different combatant.’’ If a person is found to be legislation passed in this Senate that detainees, including three in the past 20 an enemy combatant, they may be held would prohibit the CIA from using in- months. Martin said all detainees are treated indefinitely, although they are entitled terrogation techniques that amount to humanely and ‘‘any threat of injury or sui- to go before an administrative review cruel and inhuman treatment in these cide’’ is taken seriously. He added that rapid intervention in suicide board once a year to prove that they types of facilities be deleted from legis- attempts has prevented deaths. No detainee are no longer a threat. Of the approxi- lation on its way to the President. has died at the military prison, he said. mately 500 prisoners at Guantanamo, 4 Our own President is in the very The protests come amid rising inter- individuals have been charged to date. awkward position. During his current national concern about the treatment of de- The remaining 496 or so have not been trip to Latin America, I saw him on tainees at Guantanamo Bay. Human rights charged. television this morning trying to as- organizations and the United Nations have Serious concerns have been raised sure our allies in that region that the complained about the lack of access to the with regard to the rights we are afford- U.S. policy does not contemplate tor- detainees and voiced concern about allega- tions of physical and psychological abuse, in- ing these prisoners under the current ture of prisoners. That is a sad day cluding prolonged solitary confinement. procedures for processing the prisoners. when we are having to publicly reas- U.S. officials are trying to return many of I have repeatedly raised concerns re- sure our allies of something as basic as the detainees to their home countries, but garding this approach. I believe that it that. the process has been fraught with delays and challenges our historic commitment to It is time that we seriously inves- diplomatic wrangling. the rule of law. I have never advocated tigated these issues and came up with Three U.N. experts said yesterday that that the Department of Defense release policies that the American people feel they would not accept a U.S. government in- comfortable with, policies that are vitation to tour Guantanamo unless they are these prisoners but, rather, have said granted private access to detainees, a con- that they should be tried in the crimi- consistent with our Constitution and cession the U.S. has not been willing to nal justice system or they should be with the values of the American peo- make, citing the ongoing war on terror and tried in the military justice system, ple. security concerns. Last week, the United but they should be tried somewhere I yield the floor. States invited the U.N. representatives on and be given an opportunity to chal- EXHIBIT 1 torture and arbitrary detention to the facil- lenge the basis for their detention. I GUANTANAMO DESPERATION SEEN IN SUICIDE ity, and the experts said yesterday that they hope to visit in early December. But they de- believe it is appropriate to ensure that ATTEMPTS scribed their demand for access to the de- (By Josh White) they do not indefinitely remain in a tainees as ‘‘non-negotiable.’’ state of legal limbo and are afforded [From the Washington Post, Nov. 1, 2005] ‘‘They said they have nothing to hide,’’ basic due process rights that allow Jumah Dossari had to visit the restroom, Manfred Nowak, U.N. special rapporteur on them to assert their innocence. so the detainee made a quick joke with his torture, said yesterday at a news conference Last week, on November 1, there was American lawyer before military police in New York. ‘‘If they have nothing to hide, an article in The Washington Post that guards escorted him to a nearby cell with a why should we not be able to talk to detain- highlighted some of the problems that toilet. The U.S. military prison at Guanta- ees in private?’’ namo Bay, Cuba, had taken quite a toll on occur when people are imprisoned in- Colangelo-Bryan said he fears that many Dossari over the past four years, but his at- detainees would rather die than be held in- definitely without recourse to any via- torney, who was there to discuss Dossari’s definitely. He said he was shocked but not ble legal process. According to the arti- federal court case, noted his good spirits and surprised by Dossari’s Oct. 15 suicide at- cle, there have been 36 attempted sui- thought nothing of his bathroom break. tempt, given his ‘‘horrible ordeal.’’ cides at Guantanamo. Clearly, when Minutes later, when Dossari did not return, He said he knows only that medical per- people are desperate and have no hope, Joshua Colangelo-Bryan knocked on the cell sonnel apparently were able to revive they turn to drastic measures. I ask door, calling out his client’s name. When he Dossari, he had surgery and is in stable con- unanimous consent that article be did not hear a response, Colangelo-Bryan dition. stepped inside and saw a three-foot pool of Detainees ‘‘see it as the only means they printed in the RECORD following my blood on the floor. Numb, the lawyer looked have of exercising control over their lives,’’ comments. up to see Dossari hanging unconscious from Colangelo-Bryan said in publicly describing The ACTING PRESIDENT pro tem- a noose tied to the ceiling, his eyes rolled the incident for the first time. ‘‘Their only pore. Without objection, it is so or- back, his tongue and lips bulging, blood means of effective protest are to harm them- dered. pouring from a gash in his right arm. selves, either by hunger strike or doing (See exhibit 1.) Dossari’s suicide attempt two weeks ago is something like this.’’ Mr. BINGAMAN. I strongly believe believed to be the first such event witnessed Martin said claims that hunger strikers that due process rights of some sort are by an outsider at the prison, and one of sev- are near death are ‘‘absolutely false.’’ He at the bedrock of American values and eral signs that lawyers and human rights ad- said the latest protest began on Aug. 8 and at vocates contend point to growing despera- one point had 131 participants but is now they should not be discarded lightly, tion among the more than 500 detainees much smaller. due process rights that apply even to there. Lawyers believe Dossari, who has been ‘‘This technique, hunger striking, is con- individuals who are not citizens of this in solitary confinement for nearly two years, sistent with the al Qaeda training, and re- country. It is disappointing that in the timed his suicide attempt so that someone flects the detainees’ attempts to elicit media eyes of the world, the United States other than his guards would witness it, a cry attention and bring pressure on the United has drifted from its longstanding ad- for help meant to reach beyond the base’s States government,’’ Martin said. The mili- herence to the rule of law. In my view, walls. tary also has long argued that terrorist we have an obligation to the American Two dozen Guantanamo Bay detainees are groups have instructed fighters to invent currently being force-fed in response to a claims of abuse if incarcerated. people to confront these difficult lengthy hunger strike, and the detainees’ Dossari has told Colangelo-Bryan that he issues, and I believe Congress needs to lawyers estimate there are dozens more who has endured abuse and mistreatment on par act in that regard. have not eaten since August. Military offi- with some of the worst offenses discovered at Establishing this independent com- cials say there are 27 hunger strikers at any U.S. detention facility over the past four mission to look into these prisoner Guantanamo Bay, all of whom are clinically years. In declassified notes recording the issues is an important first step. There stable, closely monitored by medical per- meetings, Dossari describes abuse and tor- have been multiple abuse scandals over sonnel and receiving proper nutrition. ture that stretches back to his arrest in the last couple of years that have hurt The hunger strikers are protesting their Pakistan in December 2001, through the time lengthy confinements in the island prison, he was turned over to U.S. forces in our image abroad and tainted the where some have been kept for nearly four Kandahar, Afghanistan, and ultimately to image of a vast majority of our soldiers years and most have never been charged with his stay in Guantanamo Bay. who serve with honor and distinction. a crime. The most recent hunger strike came Dossari, 26, said U.S. troops have put out Now the European Union is inves- after detention officials allegedly failed to cigarettes on his skin, threatened to kill him

VerDate Aug 31 2005 01:03 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.004 S07NOPT1 S12418 CONGRESSIONAL RECORD — SENATE November 7, 2005 and severely beat him. He told his lawyer a number of years. With regard to this tablished a policy for the United States that he saw U.S. Marines at Kandahar ‘‘using year’s authorization bill, we have had of America. That policy was that we pages of the Koran to shine their boots,’’ and 35 hearings in the committee or sub- would effect a regime change in Iraq. was brutalized at Guantanamo Bay by Imme- committee. We have undertaken to And up until these hostilities oc- diate Response Force guards who videotaped themselves attacking him. deal with complex issues facing our curred—for years—American and Brit- The military says the IRF squads are sent military. The chairman and our com- ish planes, enforcing the no-fly zones into cells to quell disturbances. mittee have responded repeatedly to to keep Saddam Hussein from oppress- Dossari told his lawyers that he had been the requests of Democratic Senators to ing the Kurds and the Shiites, flew wrapped in Israeli and U.S. flags during in- conduct a plethora of hearings dealing missions over Iraq, and were fired terrogations—a tactic recounted in FBI alle- with any problems they can find, such upon, sometimes on a daily if not gations of abuse at Guantanamo—and said as prisoner issues and that kind of weekly basis. interrogators threatened to send him to thing. We have also conducted those in We dropped bombs and missiles on countries where he would be tortured. them in retaliation, regularly, for Dossari maintains that he is not connected the Judiciary Committee, in the Intel- to terrorism and does not hate the United ligence Committee, in the House com- years. In fact, we were in a state of States. A fellow detainee said that he saw mittees also. We have done quite a lot, hostility because Saddam Hussein had Dossari at an al Qaeda training camp, his frankly, as we have gone forward. failed to comply with the agreements lawyer said. I think it is time for us to give the he made with the United Nations in Colangelo-Bryan is a private New York highest priority, however, to assisting 1991 when he was kicked out of Kuwait lawyer with the Center for Constitutional our men and women in uniform, men after he had invaded his neighbor—a Rights, which represents some of the detain- and women we have sent in harm’s way peaceful, decent member of the world ees. The group plans a ‘‘Fast for Justice’’ to execute the policy of the United community. rally today in Washington to bring attention to the Guantanamo Bay hunger strike. States of America—a policy that was He attacked them to seize their oil Colangelo-Bryan said Dossari has tried to adopted by the House of Representa- and to increase his power. We had to commit suicide before. Prolonged solitary tives, a policy that was adopted by create a world coalition to give him a confinement has given him almost no con- more than a three-fourths vote of this demand to remove himself from Ku- tact with others and access to only a Koran body. A majority of both parties voted wait. He refused to do so, and GEN Nor- and his legal papers. to adopt these policies to execute man Schwarzkopf led the coalition ‘‘In March, he looked at me in the eye and force, to remove Saddam Hussein un- forces that defeated his army and re- said, ’How can I keep myself from going less he complied with the U.N. resolu- moved him from Kuwait. He made crazy?’’’ Colangelo-Bryan said. tions, and to otherwise carry out our agreements so we would not continue Mr. BINGAMAN. I suggest the ab- roles and responsibilities. marching on to Baghdad to get our sence of a quorum. We have done that, but we need to hands around his neck. He made these The ACTING PRESIDENT pro tem- focus on how to help those soldiers we commitments to the U.N. and agree- pore. The clerk will call the roll. have sent be successful in creating a ments were reached. He did not comply The legislative clerk proceeded to good and stable and democratic govern- with them. He was in violation of 16 call the roll. ment in Iraq. It is important for us, it different resolutions of the United Na- Mr. SESSIONS. Madam President, I is important for the world, and, most tions. ask unanimous consent that the order of all, it is important for the people So all that was there. Also, 9/11 had for the quorum call be rescinded. there who have suffered the greatest occurred. And we knew he was vio- The PRESIDING OFFICER (Ms. MUR- oppression for so many years. lating the Oil-for-Food Program—a KOWSKI). Without objection, it is so or- I think our committees have served program that was set up to allow him dered. well. I think we have worked at these to sell oil, which was being embargoed f issues well. We have now prepared a because of his violation of the rules bill, a legislation piece, that will em- and regulations of the U.N., and it al- ORDER OF PROCEDURE power our military to be able to do lowed him to do that if the money Mr. SESSIONS. Madam President, I their job better. I could not be more would be utilized to take care of food would like to make some general com- pleased than to serve under Chairman and medicines for the people of Iraq be- ments about our Defense bill and where WARNER and his leadership in the com- cause we wanted to help them. we are, so I ask the chairman whether mittee. He works collegially with all I have been to Iraq three times. I that should be in morning business? members of the Senate in our com- know the chairman has been there nu- Mr. WARNER. Yes. I thank my dis- mittee to move legislation along effec- merous times. You can see the palaces tinguished colleague, who is a very val- tively. He has worked hard to get this he built with that money that was sup- ued member of our committee. We are bill where it is today. Without strong posed to feed his people. We know he anxious this afternoon to pursue leadership, frankly, I am not sure we was reconstituting his military. He de- amendments. I will review at an appro- would be here today. clared he had been the victor in that priate time what we have achieved so We have passed the Defense appro- war, not the loser. It was clear he was far and what we have planned for the priations bill, but we have not passed reconstituting his military power be- day. But it would be the managers’ the Defense authorization bill. It would cause he desired and had not given up preference that as you speak to the be unfortunate if we were not able to his fantasy ambition to dominate the bill, you do so in morning business be- do so this year. Hopefully, if our col- Middle East. cause we are on a rather tight time leagues will cooperate, if they have an These were the forces that were at constraint. I thank the Senator for his amendment and bring it down and work. These were strategic realities courtesy. present it, they will be able to have all that occurred at that time. The Econo- Mr. SESSIONS. I thank the chair- the amendments that have been prom- mist magazine wrote an editorial not man. ised, and we can get something done. long before we voted, and it talked Madam President, I ask unanimous We certainly do not need to delay or about how the embargo was failing, consent I be allowed to speak for up to drag these matters out. how, in fact, the embargo was really 5 minutes in morning business. I think this issue of our involvement hurting the people of Iraq more than it The PRESIDING OFFICER. Without in Iraq needs to be recalled a bit—how was hurting Saddam Hussein, but that objection, it is so ordered. we came to vote. They say—some do— it was falling apart; that Saddam Hus- f there were lies that led us into this sein had a systematic plan to break the war. But all of us talked about this embargo, and nations, such as France DEPARTMENT OF DEFENSE possible conflict for months—months. and others, were working behind the AUTHORIZATION BILL AND IRAQ We knew it was coming. The President scenes to undermine the effect of that Mr. SESSIONS. Madam President, I talked about it. We talked about it embargo, and that if we did not do believe we have a very fine Armed openly on the floor. something pretty soon, he would be un- Services Committee. I have now been In fact, in the 1990s, when President leashed again. They said the question honored to serve on that committee for Clinton was President, we voted and es- simply is, Do we turn him loose or do

VerDate Aug 31 2005 02:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.006 S07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — SENATE S12419 we go to war? Our vote is to go to war, a special insight into the issue of de- Iraqis to build successful democratic said the London-based Economist mag- tainee matters. institutions as they are doing, that 9/11 azine. The distinguished ranking member would be repeated over and over and So those are the decisions we were has arrived. I had hoped that Senator over again by an enemy that would dealing with. Every intelligence agen- CORNYN could speak for 15 to 20 min- continue to target innocent civilians in cy in the world concluded that Saddam utes, if that is agreeable, and then fol- pursuit of their perverse ideology? If Hussein had weapons of mass destruc- lowing that, perhaps the Senator from Iraq descends into civil war or is over- tion. I am not aware of any that did Michigan and I will have some matters run by terrorists, if Iraq becomes a not believe he had some. Certainly, to address the Senate on. For the ben- place where terrorists recruit, train, that is what the President of the efit of all Members, the bill is open for and export terror with impunity, how United States was told. Certainly, that amendment at this time. long do the critics believe it would is what the Members of the Senate The PRESIDING OFFICER. The Sen- take until we would be hit again on our were told. ator from Michigan. own soil? But the more troubling, deeper, stra- Mr. LEVIN. Madam President, that The war on terrorism is a war we tegic imperative, to deal with Saddam certainly is fine with me. I always wel- must win. The stakes are too high to Hussein, was what galvanized the at- come the opportunity to hear from our use the war on terror as a political tention of the President and, I think, colleagues. I understand there are a football. If there is any doubt about of the Senate. When I looked at my re- number of amendments on the side of the enemy and their goals, all one marks from the time I had discussed the Senator from Virginia that may be needs to do is read the letter from my decision to support a war in Iraq, I ready to go this afternoon. We believe Osama bin Laden’s chief deputy, hardly mentioned weapons of mass de- we have one that will be ready at 4:30. Zawahiri, his chief lieutenant in Iraq. struction. Mr. WARNER. I thank my distin- Zawahiri clearly describes al-Qaida’s It was this idea—that Saddam Hus- guished colleague. I say, with a sense vision of establishing an Islamic ca- sein had not been faithful to his agree- of modesty, that we are making good liphate that would rule the Middle East ments, that he was determined to get progress on the bill. and eventually the world. It would out of those agreements, that he was I yield the floor. also, not incidentally, include the de- determined to reconstitute his mili- The PRESIDING OFFICER. The Sen- struction of our best ally in the Middle tary, that he could be a threat to the ator from Texas. East, the state of Israel. region and that he could easily, and we Mr. CORNYN. Madam President, I Although we are making progress in thought he did, have weapons of mass ask unanimous consent to speak as in Iraq, as we saw most recently during destruction that he would use. We morning business. the successful referendum on the con- know he used a weapon of mass de- The PRESIDING OFFICER. Without stitution, there is obviously more work struction, poison gas, against his own objection, it is so ordered. that needs to be done. We know that people, the Kurds. We know he used it. f our troops have the will to win. I am So it would have been unthinkable to concerned that there are some here at IRAQ think he had none at the time. What- home and even in the Senate who do ever happened to it, I don’t know. Mr. CORNYN. Madam President, I not share this same resolve because We made a commitment in this Na- thank the chairman and distinguished they stubbornly refuse to learn the les- tion to remove Saddam Hussein, and ranking member of the Armed Services sons of 9/11. that has been done. We have had two Committee. It is more with sadness The latest accusation by some in the elections in Iraq toward establishing a than in anger that I rise to respond to Democratic leadership, that the admin- democratic government. For that, I am recent allegations made by some istration has manipulated intelligence most proud and hopeful that this new Democrats that the Bush administra- and has exaggerated the threat, is election in December, which will create tion ‘‘manufactured and manipulated nothing more than an effort to use the a new permanent government, will help intelligence in order to sell the war in war in Iraq for political gain. That is further to demonstrate the confidence Iraq.’’ War is serious business. I don’t shameful. It devalues the sacrifice our the Iraqi people have in that govern- need to remind my colleagues that men and women are making on the bat- ment and make attacks upon it even more than 2,000 Americans have sac- tlefield every day. It places at risk ev- more difficult to sustain and defend. rificed their lives fighting to liberate erything that Americans have sac- I ask my colleagues to remember this the Iraqi people, and many brave Tex- rificed on behalf of the cause of liberty one thing—it is still a dangerous place ans are among them. here and abroad. Do the critics need to there. Our soldiers are there because Today, Iraq represents the central be reminded that it was a few years ago we sent them. We asked them to go front in the global war on terror. Yet when Democrats joined Republicans in there to execute the policy we in the we have even seen the sad occasion of a bipartisan acknowledgment that Sad- Senate voted for. We ought not do having sustained 2,000 deaths of Amer- dam Hussein posed a threat to the things and say things out of political ica’s fighting men and women in Iraq world? anger or partisanship that are exagger- spark an ill-advised and premature call In fact, it was the Senate, in 1998, ated, unfair to the President or our for withdrawal of our troops by the that unanimously passed the Iraq Lib- troops and how they conduct them- angry antiwar left. That call has been eration Act that called for the United selves, that puts their lives more at picked up, in part, if not in whole, by States to support efforts to overthrow risk and makes their job more dif- some politicians seeking to capitalize that terrible dictator. It was President ficult. on that anger. But merely venting Clinton who so eloquently described I am pleased that this authorization anger without proposing alternative the threat posed by Saddam Hussein bill came out of Chairman WARNER’s solutions is not the work of serious and the consequences of inaction when committee unanimously with a bipar- people. It is a sad commentary on our he said: tisan vote. As we go forward with it, we public discourse when politicians seek The hard fact is that so long as Saddam re- will improve the quality of our mili- to use the sacrifice of our men and mains in power, he threatens the well-being tary, their effectiveness, and help exe- women in uniform to advance a polit- of his people, the peace of the region, the se- cute more effectively the policies we ical agenda. curity of the world. The best way to end that While the critics focused on 2,000 threat once and for all is with the new Iraqi have established. government, a government ready to live at I yield the floor. Americans killed in action in Iraq, an- peace with its neighbors, a government that The PRESIDING OFFICER. The Sen- other important number to remember respects the rights of its people. ator from Virginia. is 3,000—the number of innocent Ameri- President Clinton went on to say: Mr. WARNER. Madam President, I cans killed on September 11. Is there Heavy as they are, the costs of action must thank our distinguished colleague. He any doubt that if we pulled out of Iraq be weighed against the price of inaction. If has taken an active role in a number of prematurely without stabilizing secu- Saddam defies the world and we fail to re- issues and that, together with his work rity, without building the necessary in- spond, we will face a far greater threat in the on the Judiciary Committee, gives him frastructure, and without allowing future. Saddam will strike again at his

VerDate Aug 31 2005 01:03 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.005 S07NOPT1 S12420 CONGRESSIONAL RECORD — SENATE November 7, 2005 neighbors; he will make war against his own For the record, I would like to read I yield the floor. people. And mark my words, he will develop the conclusions of the Intelligence The PRESIDING OFFICER. The Sen- weapons of mass destruction. He did will de- Committee investigation and the Sil- ator from West Virginia. ploy them, and he will use them. berman-Robb investigation so there Mr. ROCKEFELLER. Madam Presi- President Clinton was correct in that will be no doubt that the Bush admin- dent, I ask unanimous consent to speak assessment made in 1998. We are fortu- istration did not manipulate intel- as if in morning business but on the nate that today Saddam Hussein is no ligence to justify this war. The Intel- amendment before us. longer a threat to the region or to the ligence Committee report, which was Mr. WARNER. Madam President, we world due to the bipartisan vote of the supported by both Democrats and Re- have certainly no objection to that. At Congress to authorize the use of force publicans, states the following: this juncture in the bill, it does not im- to remove Saddam Hussein in October The Committee did not find any evidence pair our ability to manage. I ask the of 2002. It was a bipartisan vote of the that Administration officials attempted to Senator to please proceed. Senate that authorized that use of coerce, influence, or pressure analysts to Mr. ROCKEFELLER. I thank, as al- force. change their judgments related to Iraq’s ways, the distinguished senior Senator Today, the political dynamics have weapons of mass destruction capabilities. from the State of Virginia. changed. For their own cynical rea- Likewise, the Silberman-Robb Com- sons, some Democrats have charged mission, a bipartisan commission ap- f that the Bush administration has pointed to look into our intelligence TREATMENT OF DETAINEES somehow manipulated intelligence to failures, concluded: Mr. ROCKEFELLER. Mr. President, I justify the war in Iraq. These same in- The Intelligence Community did not make commend Senator LEVIN and others for dividuals are calling for yet another in- or change any analytic judgments in re- their leadership in proposing this vestigation to somehow justify their sponse to political pressure to reach a par- amendment. I am proud to be an origi- patently false claims. I remind my col- ticular conclusion, but the pervasive conven- nal cosponsor of the amendment based leagues that this issue has been inves- tional wisdom that Saddam retained WMD tigated not only by the Senate Select affected the analytic process. on the belief that a comprehensive, ob- Madam President, this much is clear. Committee on Intelligence but the bi- jective, and independent investigation No one attempted to manipulate intel- partisan Silberman-Robb Commission. into the collection of intelligence ligence leading up to the war in Iraq— Of course, the results of both investiga- through the detention, interrogation, not President Clinton, not Members of tions do not support the charges of ma- and rendition of prisoners is long over- the Senate, not this administration, all nipulation, so we hear yet another call due. While I am a strong supporter of of whom, based upon the same intel- for another investigation. Wishing that the amendment, I regret greatly the ligence, concluded that Saddam rep- the results were different cannot make fact that we have been forced to seek resented an imminent threat to the na- it so. What do they propose? To ini- the creation of a national commission tional security of the United States. tiate investigation after investigation on such a critically important matter Instead, we found that while some of until somehow they manage to will that falls squarely within the oversight our intelligence was wrong on Hussein, into existence the results they have responsibility of the Congress. Unfortu- it was obvious, and it is obvious today, been hoping for, I imagine. nately, Congress’s unwillingness to I wish to ask my colleagues, did that he was a threat to the civilized carry out these oversight duties in the President Clinton lie when he discussed world. past year has left us with no remaining I believe all of this crystallizes into a the intelligence that led him to sup- alternative but to seek the creation of question about how doubts are resolved port the forced ouster of Saddam Hus- a national commission. in a dangerous and uncertain world. Do sein? Did he manipulate intelligence to Why do I say this? The collection of we resolve doubts in favor of a tyrant justify his bombing in Iraq? Or did he intelligence through interrogation and who has used weapons of mass destruc- rely upon the same intelligence that rendition is an extremely important tion on his own people, who dem- this administration and this Congress part of our counterterrorism effort. onstrated an interest in acquiring nu- and our allies did when they came to The interrogation of captured terror- clear weapons, who refused to cooper- the same conclusion that Saddam was ists and insurgents is, in fact, one of ate with weapons inspectors after 17 a threat to the region and to the world? the most important of intelligence Security Council resolutions ordered Are there Senators who today would tools. We must ensure that those inter- him to do so, and who at last count renounce their vote to remove Saddam rogations are carried out in a proper murdered at least 400,000 of his own by force in October of 2002? Out of the people who are lying in mass graves? and effective manner. This tool, as bipartisan 77 who voted to authorize Giving Saddam Hussein the benefit of with all others, must be applied within the use of force to remove Saddam Hus- the doubt would have been a crazy and the bounds of our laws and our own na- sein, I have only learned of two who irresponsible thing to do. Of course, the tional moral framework, and it must have said they regret that vote and 77 Senators who voted for the use of be subject to the same scrutiny and would renounce it. force against Saddam in October 2002 congressional oversight as every other Before the war, a leading Democrat— weren’t buying that Saddam was some aspect of intelligence. This, unfortu- in fact, the Democratic leader—clearly harmless individual then. nately, has not been the case. stated his position in Iraq. As of this So why now? Sure, we need better in- Despite the critical importance of in- morning, his quotation was still on his telligence and we have undertaken sub- terrogation-derived intelligence and Senate Web site. It says: stantial and meaningful intelligence the growing controversy surrounding What is my position on Iraq? Saddam Hus- reform to remedy the defects. Intel- retention, interrogation, and rendition sein is an evil dictator who presents a seri- policies and practices, the Congress has ous threat to international peace and secu- ligence by its very nature is never cer- rity. Under Saddam’s rule, Iraq has engaged tain, but we are restructuring our in- largely ignored the issue, holding a in far-reaching human rights abuses, been a telligence community to ensure the limited number of hearings that have state sponsor of terrorism, and has long President of our country, whether he provided limited insight. sought to obtain and develop weapons of be Democrat or Republican, gets the More disturbing, the Senate Intel- mass destruction. most accurate intelligence available. ligence Committee, the Senate com- I agree with this statement on the Meanwhile, I hope the Members of mittee charged with overseeing U.S. in- Web site of Senator REID of today, No- this body who have politicized this telligence programs and the only one vember 7, 2005. But today we are told issue by making false allegations of with jurisdiction to investigate all as- by the same Democratic leader that manipulation of intelligence would re- pects of this issue, is sitting on the somehow this administration was re- alize that their allegations only serve sidelines and effectively abdicating its sponsible for manipulating intelligence to divide the American people and to oversight responsibility to media in- to authorize the war in Iraq when, in dishonor the sacrifice of our brave men vestigative reporters. fact, he took the same position at the and women in uniform and undermine As the Intelligence Committee’s vice time that force was used. At least his critical American resolve to finish the chairman, I have been pushing for the Web site takes that same position important work that we are about in past 10 months for a formal investiga- today. Iraq. tion into the legal and operational

VerDate Aug 31 2005 02:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.008 S07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — SENATE S12421 questions at the heart of the detention seas—across Iraq, Afghanistan, and at evaluate causes and factors that have interrogation controversy, as has my Guantanamo Bay, Cuba. contributed to the alleged mistreat- colleague from the State of Michigan, Troubling new revelations have be- ment of detainees, including an assess- Senator LEVIN. come an almost daily occurrence, with ment of either those directly or indi- My proposal that the Intelligence a disturbing number of these instances rectly responsible for the mistreat- Committee conduct an investigation resulting in prisoner deaths. At least 26 ment. into this matter was rejected. A deci- prisoners have died in American cus- I am worried about the legal aspects sion was made that the Intelligence tody, and the unsettling charge has of our underpinning, and I will more or Committee, as it is charged to do, been leveled against the United States less close with this: On May 18, 2005, would not formally examine the legal that we are exporting torture through the Central Intelligence Agency issued and operational aspects of our deten- rendition practices that lack account- a statement that ‘‘CIA policies on in- tion and interrogation program despite ability. terrogation have always followed legal compelling and disturbing evidence Who can honestly say that these guidance from the Department of Jus- that serious, possibly criminal, abuses events and allegations are not serious tice.’’ That may or may not be so, but had occurred. enough to warrant an Intelligence was that legal guidance supportable? Now, this decision is particularly cu- Committee investigation? My good That is what you have to ask. Was it rious given the litany of investigations friend and chairman of the Senate supportable? Was it factual? carried out by the Intelligence Com- Armed Services Committee, Senator A lengthy legal opinion on the De- mittee in the past. In recent years, our JOHN WARNER, believed such an inves- partment of Justice interrogation prac- committee has produced detailed inves- tigation was needed back in February tices, which had been issued in secret, tigative reports into prewar intel- of this year, and at the February 18 in August, 2002, was quickly repudiated ligence on Iraq, technology transfer to open Intelligence Committee hearing by the White House when it became China, the bombing of the USS Cole, on worldwide threats, which we do once public in June of 2004 and was then su- and the shooting down of the mis- a year, Senator WARNER remarked: perseded by a public Justice Depart- sionary plane in Peru, and on and on. And there’s an issue out here, I say to my ment legal opinion in December of 2004. In fact, on July 30, 1999, a few years be- distinguished chairman and ranking member As that episode shows, secret inter- fore he became our current chairman, and colleagues on the committee, which I pretations of the law beyond the over- Senator PAT ROBERTS wrote to then- think we’ve got to address both in my com- sight of the Congress are an invitation Chairman RICHARD SHELBY and Vice mittee and in this committee, and that is to potentially great error. Chairman Bob Kerrey requesting an in- the manner in which we gain intelligence What supporting roles do the CIA and vestigation into the intelligence re- from those that are captured, either on the FBI play in the interrogation of sus- lated to the downing of CDR Michael battlefield or in other areas. pects of military-run prisons and how Scott Speicher’s F–18 plane in the early My hope was that sort of congres- are their activities coordinated? It has stages of the Persian Gulf war. sional inquiry referenced by Senator been publicly reported that the CIA re- The committee responded favorably WARNER back in February would have quested that a number of prisoners to Senator ROBERTS’ request, con- become a reality. held in Iraq not be registered and be ducted the investigation, and produced The Armed Services Committee and kept from international inspection; a report. Each of the committee re- the Intelligence Committee with their therefore, the so-called ghost detain- ports was produced as a result of for- respective oversight of the military ees. mally authorized investigations, and and intelligence communities could More recently, it has come to light each was a constructive contribution have provided the sort of complemen- that FBI officials lodged strenuous to understanding not just how and why tary reviews into troubling allegations complaints about what they considered intelligence failures occur but what ac- swirling around our interrogation of to be the mistreatment of prisoners tion should be taken to avoid them in prisoners in Afghanistan, Iraq, and, as held at Guantanamo Bay. These re- the future. Our unanimously approved I said, Guantanamo Bay. Regrettably, ports and others strongly suggest that first phase of our Iraq report last July, our efforts and those of Senator LEVIN different agencies are operating under which was the weapons of mass de- to authorize and conduct such an in- different sets of rules, or they are not struction aspect, was a rather thorough vestigation have not succeeded. We are coordinated. This is a recipe for dis- and devastating critique of the collec- now, therefore, left by default with the aster which will come back to haunt us tion and analytical failings of our in- remaining option of turning over this one of these days. telligence community prior to the war responsibility to a national commis- The commission will also review poli- that has provided, frankly, a very crit- sion to carry it out. cies regarding the controversial prac- ical momentum to an intelligence re- If the Senate oversight committees tice of the United States of rendering form movement that was already gath- are either unwilling or unable to tackle detainees to foreign governments for ering steam and ended up in the pas- the tough but necessary questions as- interrogation. sage of landmark legislation in Decem- sociated with detention, interrogation, Our practice of contracting out to ber, which most people would have said and rendition of prisoners, then we foreign governments the interrogation a couple of months earlier was not pos- should step aside, if we have to, regret- of detainees is, to this Senator, par- sible. Yet when presented with a simi- tably, and let the work be done by ticularly troubling. There have been lar set of compelling reports on how those unfettered by other consider- numerous reports of individuals turned the United States detains and interro- ations. over by the United States to a foreign gates prisoners, the majority on the I am confident that this new national government for interrogation allegedly committee has prevented us from pur- commission, like the 9/11 Commission, being tortured. suing an investigation. and the Weapons of Mass Destruction In addition to the ethical and legal Why? Well over a year has passed Commission before it, will provide the considerations associated with this since the appearance of photographs sort of comprehensive review of U.S. practice, the veracity of the informa- graphically portraying the abuse of policy and practices relating to the tion gained from these and other de- Iraqi prisoners at Abu Ghraib prison. treatment of detainees that has been tainees is called into question if these As my colleagues know, these images absent so far. statements were made under physical and other reports of abuse provided a Our amendment calls for a 12-month coercion. Therefore, it is important powerful propaganda tool to our ter- investigation in which all aspects of all that we have a thorough evaluation of rorist enemies. Since then we have of this must be looked at. More specifi- the current policy guidelines and field seen a steady stream of accusations re- cally, the 10-person commission will directives for when it is appropriate to lating to the way the U.S. military and examine and report upon the policies render a detainee to another country intelligence agencies treat individuals and practices of the United States re- and what intelligence is gained from in their custody. Allegations of mis- lating to the treatment of individuals such a practice. treatment have surfaced wherever the detained since September 11, 2001. The More specifically, we must examine United States holds prisoners over- commission will also be tasked to the validity of assurances that the

VerDate Aug 31 2005 02:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.009 S07NOPT1 S12422 CONGRESSIONAL RECORD — SENATE November 7, 2005 United States is given when detainees tention and interrogation operations, again in public forum will bring no re- are rendered to other countries that revising policies regarding the Inter- markable insights and no lessons they will not be tortured. national Committee of the Red Cross learned, nor will it do anything to re- The PRESIDING OFFICER (Mr. visits and reports, improved training duce the fighting. It will, in fact, draw COBURN). The Senator’s time has ex- and clear policy guidance for inter- resources from the war effort by plac- pired. agency detention activities. ing a heavy burden on senior com- Mr. ROCKEFELLER. I hope my col- Investigations have universally con- manders and key civilian leaders. leagues will support the amendment. I cluded that there was no policy of The Committee on Armed Services thank the Presiding Officer. abuse and that no policy led to abuse. held over half a dozen hearings on this The PRESIDING OFFICER. The Sen- As the Schlesinger report stated—that issue. We still have these matters ator from Virginia. was a commission established by the under review. Still, the question of ac- Mr. WARNER. Mr. President, I do Secretary of Defense, indeed at the countability remains, but we have to have the privilege of being an ex officio urging of the Congress and our com- wait until there is a conclusion of more member of the Intelligence Committee. mittee, but it was Secretary Schles- of the military cases before I think we I served 8 years on that committee, and inger and Secretary Harold Brown, probably will do our final work on this my concluding years was as ranking both former Secretaries of Defense, one chapter, a chapter that I characterize— member. I have a very high respect for a Republican and one a Democrat, men that is Abu Ghraib—as one of the most that committee and find, from my par- who have had extraordinary reputa- serious I ever witnessed in my many ticipation, together with others on it, tions throughout their lives. I feel that years of public service, either in the Pentagon or in the Senate as a member under the leadership of Chairman ROB- was one of the major landmark inves- of the Armed Services Committee. ERTS and Senator ROCKEFELLER, that tigations connected with this ongoing Mr. President, I see the distinguished the committee does a very good job. problem. They stated: Senator from Georgia. For that pur- Mr. President, I wish to speak in op- No approved procedures call for or allow pose, I yield the floor. position about this question of the the kind of abuse that, in fact, occurred. The PRESIDING OFFICER. The Sen- need for this country to establish an There is no evidence of a policy of abuse pro- ator from Georgia is recognized. independent commission to investigate mulgated by senior officials or military au- Mr. CHAMBLISS. Mr. President, on thorities. the detention and interrogation oper- behalf of Senator PRYOR, Senator ations conducted by the Department of Any discussion of detainee abuse ISAKSON, and myself, I rise to call up Defense and other elements of the Gov- must be kept in perspective. Substan- amendment No. 2433 to S. 1042 and re- ernment in conjunction with the war tiated cases of abusive conduct by DOD quest that Senator LANDRIEU be added on terrorism. personnel are small in comparison to as a cosponsor. I believe the amend- Mr. President, I ask unanimous con- the 70,000 persons who have been de- ment is at the desk. sent to speak in morning business. tained and the hundreds of thousands The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without of interrogations that have been con- ator should be advised that the bill is objection, it is so ordered. ducted humanely, safely, and effec- not currently pending. f tively over the past 4 years. Mr. WARNER. Mr. President, on that An independent commission would point, I suggest that we now go to the INDEPENDENT COMMISSION TO IN- send potentially the wrong message to bill. I believe there is a pending amend- VESTIGATE DETENTION AND IN- our Armed Forces of our lack of con- ment which requires a UC to be laid TERROGATION OPERATIONS fidence in their conduct and would seri- aside; am I not correct? Mr. WARNER. Mr. President, in my ously undermine ongoing intelligence- The PRESIDING OFFICER. That is judgment, a further investigation is gathering activities. correct. simply unnecessary. The Department On a daily basis, we collect intel- Mr. WARNER. I so ask at this time. of Defense has conducted 12 major in- ligence from detainees that provides f vestigations. Over 400 criminal inves- valuable information to our troops in NATIONAL DEFENSE AUTHORIZA- tigations and hundreds more informal the field, whether it is Iraq or Afghani- TION ACT FOR FISCAL YEAR investigations have been or are being stan or other farflung posts. Simply 2006—Resumed conducted to determine the responsi- put, this information saves American bility and, if appropriate, culpability lives, certainly of the men and women The PRESIDING OFFICER. The and accountability. in uniform, and I firmly believe it has clerk will report. The assistant legislative clerk read The combined investigations are un- helped prevent further serious attack, as follows: precedented in scope. The CIA and the such as 9/11, on our Nation. Department of Justice are also con- The investigative process has reas- A bill (S. 1042) to authorize appropriations for fiscal year 2006 for military activities of ducting investigations into the actions sured the American people, strength- the Department of Defense, for military con- of their employees related to detention ened the Armed Forces, and dem- struction, and for defense activities of the and interrogation activities. onstrated to the world that we are a Department of Energy, to prescribe per- Responsibility and accountability nation of laws. Last month, 90 Senators sonnel strengths for such fiscal year for the have been assessed. Over 400 criminal voted in the affirmative for an amend- Armed Forces, and for other purposes. investigations have been conducted and ment that required civilized treatment Pending: 168 remain open; 95 military personnel of prisoners at detention facilities. Nelson (FL) amendment No. 2424, to repeat have been criminally charged with mis- That is the McCain amendment, and I the requirement for the reduction of certain conduct, and 75 have been convicted to have been a partner with him in the Survivor Benefit Plan annuities by the amount of dependency and indemnity com- date. In addition, 177 military per- very initiation of those efforts. pensation and to modify the effective date sonnel have been administratively dis- The amendment banned cruel, inhu- for paid-up coverage under the Survivor Ben- ciplined. Almost 20 percent of those mane, and degrading treatment. That efit Plan. disciplined have been officers. vote sent a strong signal. Who among Allard amendment No. 2423, to authorize a Congress has held 30 open hearings, us was not affected when Senator program to provide health, medical, and life received over 40 closed briefings, and MCCAIN said that he and fellow pris- insurance benefits to workers at the Rocky countless staff briefings. The Depart- oners in Hanoi knew and took great Flats Environmental Technology site, Colo- rado, would otherwise fail to qualify for such ment has been very forthcoming, pro- strength from the belief that ‘‘we were benefits because of an early physical comple- viding complete investigations that in- different from our enemies, that we tion date. clude over 2,800 interviews and over were better than they, that we, if the Reed (for Levin/Reed) amendment No. 2427, 16,000 pages of related documents. roles were reversed, would not disgrace to make available, with an offset, an addi- The combined investigations have ourselves by committing or counte- tional $50,000,000 for Operation and Mainte- nance for Cooperative Threat Reduction. made 442 recommendations, over 300 of nancing such mistreatment of them.’’ Levin amendment No. 2430, to establish a which have been implemented, and the Move on we must to win this war in national commission on policies and prac- rest are in progress, including stand- Iraq and Afghanistan. Replaying these tices on the treatment of detainees since ardization policy and procedures for de- dreadful and inexcusable instances September 11, 2001.

VerDate Aug 31 2005 01:03 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.011 S07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — SENATE S12423 Inhofe amendment No. 2432, relating to the (b) CONTINUATION OF AGE 60 AS MINIMUM I wish to preface my comments with partnership security capacity of foreign AGE FOR ELIGIBILITY OF NON-REGULAR SERV- regard to this particular amendment military and security forces and security and ICE RETIREES FOR HEALTH CARE.—Section by stating something with which no stabilization assistance. 1074(b) of such title is amended— Member of the Senate would disagree, (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and The PRESIDING OFFICER. Without and that is that the way our Nation objection, the pending amendment is (2) by adding at the end the following new paragraph: uses the Reserve components of the set aside. The Senator from Georgia is ‘‘(2) Paragraph (1) does not apply to a U.S. military has fundamentally recognized. member or former member entitled to re- changed over the last 15 years. AMENDMENT NO. 2433 tired pay for non-regular service under chap- Several of my colleagues already al- Mr. CHAMBLISS. Mr. President, I ter 1223 of this title who is under 60 years of luded to this fact during discussion of call up amendment No. 2433, which is age.’’. TRICARE coverage for reservists ear- (c) ADMINISTRATION OF RELATED PROVISIONS at the desk. lier this year. I support that legislation The PRESIDING OFFICER. The OF LAW OR POLICY.—With respect to any pro- vision of law, or of any policy, regulation, or and commend my colleagues, specifi- clerk will report. directive of the executive branch that refers cally Senator GRAHAM from South The assistant legislative clerk read to a member or former member of the uni- Carolina and Senator CLINTON from as follows: formed services as being eligible for, or enti- New York, for their perseverance on The Senator from Georgia [Mr. tled to, retired pay under chapter 1223 of this issue of providing TRICARE for CHAMBLISS], for himself, Mr. ISAKSON, and title 10, United States Code, but for the fact Guard and Reserve members. Mr. PRYOR, proposes an amendment num- that the member or former member is under Over the last decade and a half, the bered 2433. 60 years of age, such provision shall be car- Reserve components have changed Mr. CHAMBLISS. Mr. President, I ried out with respect to that member or former member by substituting for the ref- from a force in reserve to an absolutely ask unanimous consent that the read- essential component of the war fight in ing of the amendment be dispensed erence to being 60 years of age a reference to having attained the eligibility age applicable almost every operation the military with. under subsection (f) of section 12731 of title engages and in every career field rep- The PRESIDING OFFICER. Without 10, United States Code (as added by sub- resented in the Army, Navy, Air Force, objection, it is so ordered. section (a)), to such member or former mem- and Marine Corps. The amendment is as follows: ber for qualification for such retired pay The Reserve components are now, (Purpose: To reduce the eligibility age for re- under subsection (a) of such section. and continue to become, a true oper- (d) EFFECTIVE DATE AND APPLICABILITY.— ceipt of non-regular military service re- ational Reserve that our military can- tired pay for members of the Ready Re- The amendment made by subsection (a) shall serve in active federal status or on active take effect as of September 11, 2001, and shall not operate without. This is reflected duty for significant periods) apply with respect to applications for retired primarily in the rate of deployments At the end of subtitle C of title V, add the pay that are submitted under section 12731(a) and mobilizations of the Reserve com- following: of title 10, United States Code, on or after ponents. the date of the enactment of this Act. SEC. 538. COMMENCEMENT OF RECEIPT OF NON- The contribution of the Reserve com- REGULAR SERVICE RETIRED PAY BY Mr. CHAMBLISS. Mr. President, I ponents has increased over 60 times MEMBERS OF THE READY RESERVE ask that Senator LANDRIEU be added as from the pre-Desert Shield/Desert ON ACTIVE FEDERAL STATUS OR AC- TIVE DUTY FOR SIGNIFICANT PERI- a cosponsor. Storm time period to the present. ODS. The PRESIDING OFFICER. Without From the post-Desert Storm period, (a) REDUCED ELIGIBILITY AGE.—Section objection, it is so ordered. from between 1993 and 1997 to the 12731 of title 10, United States Code, is Mr. CHAMBLISS. First, Mr. Presi- present, the Reserve contribution has amended— dent, I wish to thank the chairman of increased between 5 and 10 times, de- (1) in subsection (a), by striking paragraph the committee, as well as the ranking pending on which year you consider. (1) and inserting the following: member, Senator WARNER and Senator The same trends are illustrated if you ‘‘(1) has attained the eligibility age appli- LEVIN, for their great leadership on cable under subsection (f) to that person;’’; look at the number of support days re- and this bill. This has been a difficult proc- servists have performed over the last 20 (2) by adding at the end the following new ess we have gone through, having years. The trend over the last 5 years is subsection: spent, I guess, a week and a half at one exponential. ‘‘(f)(1) Subject to paragraph (2), the eligi- point in time and having to suspend My point, which cannot be any more bility age for purposes of subsection (a)(1) is further proceedings and now we are clear, is that the way we are using the 60 years of age. back on it. In my opinion, all the work Guard and Reserve has fundamentally ‘‘(2)(A) In the case of a person who as a in this body is certainly very critical member of the Ready Reserve serves on ac- changed. Based on this fact, I think it tive duty or performs active service de- to the Nation itself, but there is no is only appropriate to consider that the scribed in subparagraph (B) after September more important legislation we take up way we compensate and reward our re- 11, 2001, the eligibility age for purposes of every year than the Defense authoriza- servists needs to change. subsection (a)(1) shall be reduced below 60 tion bill. When we are a nation at war, Another important factor to be con- years of age by three months for each aggre- as we are right now, there certainly is sidered is the current recruiting trends gate of 90 days on which such person so per- no more important legislation to show for the National Guard and Reserve. forms in any fiscal year after such date, sub- support by this body, by the House, and The overall trend in Reserve compo- ject to subparagraph (C). A day of duty may by the American people to our men and nent recruiting is negative. In fiscal be included in only one aggregate of 90 days for purposes of this subparagraph. women in uniform by making sure that year 2005, the Army and Air National ‘‘(B)(i) Service on active duty described in we provide quality of life issues for Guard, the Army Reserve and the Navy this subparagraph is service on active duty them, whether it is pay raises, looking Reserve, all did not meet their enlisted pursuant to a call or order to active duty after their families, or making sure recruiting goals. In fiscal year 2002, the under a provision of law referred to in sec- they have better than adequate hous- Army National Guard exceeded its goal tion 101(a)(13)(B) of this title in support of a ing, but to also say to them that we are by recruiting 104 percent of its objec- contingency operation. Such service does not going to provide you with the best tive, but in fiscal year 2003 and fiscal include service on active duty pursuant to a weapons available in the world today, call or order to active duty under section year 2004 that number dropped to 87 12310 of this title. that we are going to provide you with percent. It now stands at 80 percent. A ‘‘(ii) Active service described in this sub- the best training in the world today to similar story can be told for the Army paragraph is service under a call to active make sure that you remain the strong- Reserve where it exceeded its goal for service authorized by the President or the est military in the world, and as you fiscal year 2002 with 108 percent of its Secretary of Defense under section 502(f) of fight for freedom and democracy on objective only to see that percentage title 32 for purposes of responding to a na- foreign soil, as our men and women are drop to 84 percent for fiscal year 2005. tional emergency declared by the President doing today, that they know and un- Although not a crisis yet, these trends or supported by Federal funds. ‘‘(C) The eligibility age for purposes of sub- derstand, without any hesitation, the are definitely a cause for concern. section (a)(1) may not be reduced below 50 American people and the Members of Retention numbers for the Guard and years of age for any person under subpara- Congress stand firmly behind the work Reserve are holding fairly steady for graph (A).’’. they are doing. now. However, I do not believe anyone

VerDate Aug 31 2005 01:03 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.012 S07NOPT1 S12424 CONGRESSIONAL RECORD — SENATE November 7, 2005 expects the retention rate to hold that if somebody joins the Active to make sure that we continue to be in steady if we keep using our Reserves at Duty, they need to be incentivized to a position to be the strongest military the current rate. I believe the current come in and do the work that they are in the world. And we are because our rate at which we are using reservists, assigned to do knowing that they will men and women who volunteer for that as well as current recruiting trends, be compensated in a way that has been military, whether it is Active Duty or necessitates that we reexamine the provided for them for decades relative Guard or Reserve, are the very finest way we manage the Reserve. to retirement in this case. We cannot young men and women America has to As the former chairman of the Armed do that with the Guard and Reserve, offer. Services Committee, Subcommittee on but we do need to provide more incen- I ask my colleagues to support the Personnel, and the current cochairman tives to do something about these dras- amendment, and I yield the floor. of the Senate Reserve Caucus, this is tic reenlistment, as well as enlistment, The PRESIDING OFFICER. The Sen- an issue with which I have wrestled numbers that I alluded to earlier in my ator from Virginia. considerably and want to be sure that comments. Mr. WARNER. Mr. President, I thank we account for as we provide oversight One way I think we can certainly do the distinguished Senator from Geor- of the personnel policies of the Depart- that, from a retirement standpoint, is gia. We are studying this amendment ment of Defense. to provide some small incentive to our very carefully. I am anxious to get the The Department of Defense has made reservists and our Guard men and views of my distinguished colleague, changes in this area by improving the women so that they will be somewhat the ranking member, and his group. process of training and equipping the comparable, though never totally com- As I listened carefully to the Sen- Reserve and supporting changes in per- parable, to the Active-Duty members. I ator’s remarks, I was reminded by my sonnel policies that improve quality of believe this amendment is significant own experience—I had a very modest life for members of the Reserve. How- and important because it recognizes career in the military—I think I spent ever, with the possible exception of the the increased contribution our reserv- a total of 14 years in the Marine Corps TRICARE issue, these changes have ists are making, rewards them for the Reserve and witnessed and participated been at the margins. The amendment I service in support of the global war on in a callup of the Reserves in connec- am calling up today makes what I be- terrorism, and provides reservists in tion with the war in Korea. I recall very vividly that war hit us out of the lieve is a relatively minor adjustment the middle of their careers with an in- blue in the summer of 1950. The then- to the Reserve retirement system. My centive to stay on board. amendment would lower the age at I have received some very good feed- Secretary of Defense, Louis Johnson, which a reservist can receive their re- back from the Department of Defense under President Truman, was cutting tirement annuity by 3 months, count- on this amendment because, first, it and slashing the military right and ing down from age 60, for every 90 days incentivizes voluntarism. Secondly, it left. It was down to the raw bone. Sud- a reservist spends on active duty dur- provides a motivation for retention. denly this war engulfed the United States and there were thoughts in the ing a fiscal year. Any service credited Thirdly, it is relatively low cost. beginning that it would be fairly sim- under my amendment would have to be The Reserve Officers Association of America, the National Guard Associa- ple to end the war. served in support of a designated con- I remember MacArthur was com- tion of the United States, and the Re- tingency operation. This amendment mander in chief of the forces at that serve Enlisted Association also support specifically rewards the members of time, and he made a famous state- this amendment and see it as an impor- the Guard and Reserve who have been ment—I think it was in late September tant, responsible step forward in sup- called or ordered to active duty, had or October—that this war will be over port of our reservists. their civilian lives interrupted for an and everybody will be home by Christ- There is no more important issue fac- extended period of time, and in many mas. cases placed themselves in harm’s way ing the Senate Armed Services Com- Well, that was the fall of 1950, and ac- in defense of their country. mittee than how we treat our men and tion did not end until 1953, which had Currently, the average reservist, if women in uniform and their families. many names from the ‘‘forgotten war’’ they collect any retirement pay at all, It is my hope that as we proceed with to a ‘‘police action,’’ but it did cause receives a small fraction of the annuity this bill over this week, and as the over 50,000 casualties. that an Active-Duty member receives. committee entertains legislation and The point I wish to make is I wit- If this amendment becomes law, that policy changes in the coming months, nessed with my own eyes the Reserves percentage will rise slightly but in no that we keep the people at the receiv- being brought in. I was with a group way will this amendment result in a ing end of our decisions and delibera- that was called up on 30 days’ notice. major change with large financial im- tions foremost in our minds. Most of them had been in World War II. plications. We will continue to include the mem- I had brief service at the end of World I do not have a formal CBO estimate bers of the Reserve components in War II in the Navy. We were all basi- for the current version of my amend- those deliberations and ensure that the cally former World War II veterans and ment. However, based on CBO scoring Senate adopts policies that work to just beginning to reestablish ourselves. for an earlier version, I suggest that their advantage that are fiscally re- It was only an interval of about 4 years the cost of this amendment will be ap- sponsible and that recognize the sig- since most had been released then in proximately $300 million over 5 years. nificant changes that have taken place 1946 and, whammo, in 30 days we were There have been several other bills in the Reserve over the past decade and in it. and amendments related to Reserve re- a half. At first I remember in the training tirement introduced in Congress and I close by saying, again, that without detachments down in Quantico there for the sake of comparison, I believe the leadership of Senators WARNER and was a decided feeling among the old my amendment provides the right in- LEVIN, we simply would not be pro- regulars of the Marine Corps that we centives and rewards, and it is also the viding the compensation, nor the in- were second-class citizens, but once our least costly alternative which has been centives, that we have in place today folks hit the battlefield, whether it was offered so far. to the members of the Guard and the on the ground or in the air—I was as- I think it is very important that we Reserve. I thank them for not just signed to an air unit as a ground offi- strike a balance between the Active- their great leadership but their co- cer—Reserve pilots flew right along Duty forces and the Reserve compo- operation in working through these with the regular pilots, and one could nent with respect to compensation, very difficult issues, a lot of which are not tell the difference. They pulled quality of life, and other assets and in- driven strictly by budget. That is what equal missions together, took equal centives that we offer for people com- makes it particularly difficult when we risks. I do not know how the casualties ing into Active-Duty service. I know have to talk about providing incentives bear out, but I know a lot—not a lot, and understand that we can never to- like compensation versus buying weap- but a number of our Reserve squadron tally equalize the benefits to the Ac- ons systems. It makes it very difficult, lost their lives, wounded. tive Duty along with those of the and to their credit they have provided So I say to the Senator, as I listened, Guard and Reserve for the simple sake the great leadership that is necessary I thought back of those days and how

VerDate Aug 31 2005 01:03 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.014 S07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — SENATE S12425 in the ensuing years that was the first Iraq. That is why I think it is very im- not oppose the Senator’s amendment. time in the Korean War that we really portant. We have not received a statement from involved the number of Reserves that I thank the Senator for his com- the Department of Defense yet, but I were needed, and our regular forces ments and his leadership. hope, even though they opposed the then, not unlike now, had been pared Mr. WARNER. Mr. President, just to amendment last year, they will not op- down in numbers. As a consequence, add a note, the Senator touched on pose the amendment of the Senator today I believe 60 percent of the per- this, but we cannot and do not—and I from Georgia. sons serving in Iraq are Reserves at do not think this will—erode the base It is a worthy amendment. It has bi- this very moment. I use the term ‘‘re- of pay and benefits given to the regular partisan support. As I understand, in serves’’ to apply to the Guard as well. force. Those individuals have com- addition to his colleague from Georgia, So they are full partners. mitted to a career in the military. In a Senators LANDRIEU and PRYOR are co- Then, fast forwarding, I remember career of 20 years, they will move 10 or sponsors. We very much support his ef- serving in the Pentagon during Viet- 12 times. On the other hand, the reserv- fort. nam, and we decided to have, under the ist is at home, most of them, in a sta- Mr. WARNER. Mr. President, if I leadership of an extraordinary Sec- tus where there is an ever-present risk might add, last year an amendment retary of Defense, Melvin Laird, the of being called up. For that, I think somewhat similar to this, but consider- concept of a total force; in other words, they should be given some special rec- ably more extreme in its reach, was whether one is Guard, Reserve, or reg- ognition. considered by the Senate. At that time ular, they are a total force. The total I believe the Senator has that em- I, along with others, established the force concept moved on through the braced in these valuable ideas that the Commission on the National Guard and years. Senator has in this amendment. Reserve. It was included in our Defense I think the Senator is right on tar- That is because they are ready to re- Authorization Act. That commission is get. If the Senator will bear with us a spond and they have to, not just move now in operation. As a matter of fact, little bit, we are trying to determine on a set of orders, but they have to try the distinguished Senator from Georgia exactly how we are going to treat this to keep their families in place in their and I attended the opening meeting amendment. At the moment I am very homes; they have to try to work out here just days ago. It has an extraor- impressed with the Senator’s objective. some relationship with their employers dinary list of members. I ask unani- I ask forgiveness for taking the time of so they can go back. They have a whole mous consent to have a fact sheet and the Senate to dwell on what I actually set of problems that are quite different a list of membership printed in the saw years ago and have seen, as the than those in the regulars. RECORD. Senator has, on our visits to Iraq, one I do not think in any way this legis- There being no objection, the mate- cannot distinguish between the Guard lation encroaches on the important rial was ordered to be printed in the and the Reserves. They are all amal- category of benefits for the regular RECORD, as follows: gamated into the regulars. Actually, forces, but does things that recognize COMMISSION ON THE NATIONAL GUARD AND many Guard and Reserve units are the importance of the Guard and Re- RESERVES FACT SHEET functioning as units, somewhat aug- serve. MISSION I see another distinguished colleague mented, I suppose, with some regular The independent Commission on the Na- officers, and vice versa some of the reg- on the floor. tional Guard and Reserves is charged by Con- ular units are augmented with the Re- Mr. LEVIN. If the Senator will yield, gress to recommend any needed changes in serve and Guard officers. But it cer- I say to the Senator from Maine I will law and policy to ensure that the Guard and tainly is a total force and a magnifi- be very brief because the Senator is Reserves are organized, trained, equipped, cent force we have serving today. waiting, but I want to comment on the compensated, and supported to best meet the The Senator is right, all of these amendment that has been offered by national security requirements of the United trends with regard to personnel, they the Senator from Georgia. States. The Commission was established by First, I commend him for offering the Ronald W. Reagan National Defense Au- begin to—it is like the awakening of thorization Act for Fiscal Year 2005. the dawn. The sun does not break this amendment. It is a very fair KEY ISSUES REQUIRING REVIEW through, and one begins to wonder amendment. It is a very balanced what about this cloud cover, and there amendment. It takes on a very impor- Among the questions the Commission will tant subject and deals with it very address: is some cloud cover associated with the Roles and Missions—What are the appro- recent statistics regarding the intro- forthrightly, which is the fact that our priate roles and purposes of the Guard and duction of new Guard and Reserve per- Reserve Forces are called upon more Reserves in meeting the national security sons. and more now and are put under great- needs of the United States? I will say I think the retention has er demands, and there is a lot of pres- Capabilities—How can reserve components been pretty good in many areas of our sure and a lot of stress now. and personnel best be used to support Armed Guard and Reserves, but nevertheless We do not require our Active-Duty Forces operations and achievement of na- we need an inducement. I think this Forces to wait until they are 60. After tional security objectives, including home- amendment has the beginnings of they get their 20 years in, they are eli- land defense, while at the same time meeting disaster response objectives? something that is very important. gible for retirement. What the amend- Operational Support—How effective is the The Senator is a valued member of ment of the Senator does, as I under- Department of Defense implementation plan our committee. The Senator fought stand it, is to credit the Reserve per- for the new ‘‘Operational Support’’ personnel hard for this one. Give us a little time sonnel for 90 days of mobilized active- accounting category which has been devel- to work it around. duty service toward—it allows them to oped to account properly for reserve mem- Mr. CHAMBLISS. If the Senator will gain 3 months reduction from the cur- bers on active duty in support of total force yield very briefly, I say the passion rent requirement that they be 60 years missions? that the Senator from Virginia has rel- of age. Organization and Structure—How effective ative to the men and women in our It is a very important amendment. It are the current organization and structure of the Guard and Reserves? Are Department of Armed Forces has been exhibited in our addresses an inequity that we have, Defense and individual service plans for the committee time and again. It is pretty which is we require our Reserve Forces, future organization and structure of the obvious to see why. It is because of even after they have been mobilized, Guard and Reserves adequate? men and women like the Senator who even if they are mobilized year after Training—Are the current organization have served in the Guard and Reserve year, not to get any credit for that ac- and funding of training adequate? What over the last 50 years that we now tive-duty service the way our regulars changes are needed to achieve training ob- truly are a blended force. We are a do. jectives and operational readiness? force of military men and women when I commend the Senator. It is a very Readiness—How effective are policies and programs for achieving operational readi- it comes time to join hands and go to fair amendment. It has a lesser cost ness—troops trained and equipment on hand, the fight. It truly is a seamless inte- than the one that was opposed by the maintained, and functioning—as well as per- gration between the Active Duty and Department of Defense last year. I sonnel readiness, including medical and fam- the Reserve and the Guard today in hope the Department of Defense will ily readiness?

VerDate Aug 31 2005 01:03 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.015 S07NOPT1 S12426 CONGRESSIONAL RECORD — SENATE November 7, 2005 Personnel Compensation and Benefits—Are for the 35th Infantry Division, headquartered years. His last command was with the 934th compensation and benefits, including the at Fort Leavenworth, Kansas, after 37 years Maintenance Squadron, a subordinate unit of availability of health care benefits and of service. He refired with over 31 years of the 934th Airlift Wing, Air Force Reserve, in health insurance, appropriate and adequate? full-time civil service employment with the Minneapolis where he was responsible for the For both regular and reserve components of Nebraska Army National Guard and has unit’s C–130E aircraft and training of some the Armed Forces, what are the likely ef- served in numerous positions at state head- 175 reservists. fects of proposed compensation and benefit quarters including Chief of Staff of the Ne- E. Gordon Stump—Commissioner Stump changes? What are feasible options for im- braska Army National Guard, battalion com- retired in January 2003 from his position of proving compensation and benefits, particu- mander, and Director of Personnel. Adjutant General and the Director of Mili- larly in regard to cost-effectiveness and any John (Jack) M. Keane—Commissioner tary and Veterans Affairs in Michigan after foreseeable effects on readiness, recruitment, Keane is Senior Managing Director and co- serving for 12 years. He commanded and di- and retention of personnel? founder of Keane Advisors, a consulting and rected a total of 157 Army and Air National Career Paths—How effective are tradi- private equity firm. He is a director of Guard units, two Veterans Nursing Homes, tional military career paths? Are there alter- MetLife, General Dynamics, and Allied Bar- and 12 Veterans Service Organizations. His native career paths that could enhance pro- ton Security. He served as the 29th Vice prior assignments included Squadron Com- fessional development and help move per- Chief of Staff of the Army, retiring after 37 mander 107th TFS and Commander and Dep- sonnel toward a continuum of service? years of service. General Keane was a career uty Commander of the Headquarters Michi- Funding—How adequate is the funding pro- paratrooper and a combat veteran, who was gan Air National Guard. He flew 241 combat vided for equipment and personnel in both decorated for valor. He commanded the missions over North and South Vietnam. He active duty and reserve military personnel famed 101st Airborne Division and the leg- also deployed to South Korea during the accounts? How can funding best be provided? endary 18th Airborne Corps. Pueblo Crisis. He served as President of the Other—What other issues relevant to the Patricia L. Lewis—Commissioner Lewis National Guard Association of the United purposes of the Commission will be included served over 28 years with the federal govern- States and as a member of the Reserve in its assessment? ment, including service with the Senate Forces Policy Board. Prior to his assignment COMMISSIONERS Armed Services Committee for Chairmen as Adjutant General, he was Vice President As specified in the authorizing legislation, John Warner, Sam Nunn, and Scoop Jack- of Automotive Engineering for Uniroyal 13 Commission members were appointed by son. Ms. Lewis began her federal career in Goodrich Tire Co. He is currently President the chairs and ranking minority members of 1975 with the Department of the Navy and of Strategic Defense Associates, LLC. the House and Senate Armed Services Com- has held positions in Naval Sea Systems J. Stanton Thompson—Commissioner mittees and the Secretary of Defense. Ap- Command, the Office of the Navy Comp- Thompson is currently an Executive Direc- pointed are: . troller, and in the Office of the Secretary of tor for the U.S. Department of Agriculture’s Arnold L. Punaro, Chairman—Chairman Defense. She is currently a partner with Farm Service Agency. He is a retired naval Punaro is a retired Marine Corps major gen- Monfort-Lewis, LLC. rear admiral with over 35 years of military eral who served as Commanding General of Clinton (Dan) McKinnon—Commissioner service. He is the former Special Assistant the 4th Marine Division (1997–2000) and Direc- McKinnon was founder, Chairman and CEO for Reserve Matters to the Commander, U.S. tor of Reserve Affairs at Headquarters Ma- of North American Airlines. He undertook NORTHCOM and North American Aerospace rine Corps during the post–9/l1 peak reserve special projects for the Director of Central Command. He also served as a principal advi- mobilization periods. Following active duty Intelligence and also served as Chairman of sor to the commander for maritime home- service in Vietnam, he was mobilized three the Civil Aeronautics Board, during which land defense. During his recall to active times: for Operation Desert Shield in the time he implemented airline deregulation. duty, he provided active duty support to Op- first Gulf War, to command Joint Task He has owned radio stations in San Diego. eration Desert Shield/Desert Storm. Force Provide Promise (Fwd) in Bosnia and Early in his career, he spent four years in TIMETABLE AND ACTIVITIES Macedonia, and for Operation Iraqi Freedom the United States Navy as an aviator where December 2005—First formal meeting of in 2003. He worked on Capitol Hill for 24 he set, and holds, the U.S. Navy helicopter the Commission years for Senator Sam Nunn and served as peacetime air/sea record of 62 saves. March 2006—Ninety-day report to include his Staff Director of the Senate Armed Serv- Wade D. Rowley—Commissioner Rowley is strategic work plan, discussion of planned ices Committee for 14 years. He is currently currently a Military Border Infrastructure activities, and any initial fmdings, sub- Executive Vice President of Science Applica- Construction Consultant with the Depart- mitted to the House and Senate Armed Serv- tions International Corporation. ment of Homeland Security, U.S. Customs ices Committees and the Secretary of De- William L. Ball, III—Commissioner Ball is and Border Protection. He served over 23 fense currently Chairman of the Board of Trustees years with the California Army National December 2006—Final report of Commis- of the Asia Foundation, an international Guard and Army Reserves. His last military sion to include recommended reforms in leg- NGO operating in 18 Asian countries. He assignment was with the California Army islation and Defense Department policies, served in the Navy for six years followed by National Guard, where he served as an Engi- submitted to the House and Senate Armed 10 years service on the U.S. Senate staff for neer Officer, Company Commander, and Fa- Services Committees and the Secretary of Senators Herman Talmadge and John Tower. cility Commander for the California Na- Defense He joined the Reagan Administration in 1985, tional Guard Counterdrug Task Force in sup- March 2007—Commission terminated. serving as Assistant Secretary of State for port of the U.S. Border Patrol. Mr. WARNER. They have begun their Legislative Affairs, Assistant to the Presi- James E. Sherrard, III—Commissioner work and they will examine issues re- dent for Legislative Affairs at the White Sherrard served as Chief of Air Force Re- lated to your amendment and to other House, and Secretary of the Navy in 1988– serve, Headquarters USAF, Washington, DC structural missions and compensation and Commander, Air Force Reserve Com- 1989. of the Guard and Reserve Forces in the Les Brownlee—Commissioner Brownlee mand, Robins AFB, Georgia from 1998 to 2004. was confirmed as the Under Secretary of the He is a retired lieutenant general with more coming years. Army in November 2004 and served concur- than 38 years of commissioned service in the I do not believe this commission, rently as the Acting Secretary of the Army United States Air Force. As Chief of Air which is underway, should be used as a from May 2003 to November 2004. He was ap- Force Reserve and Commander, Air Force deterrent for the Senate to consider at pointed by both Senators Strom Thurmond Reserve Command, he was responsible for or- this time the Senator’s amendment. I and John Warner to serve as the Staff Direc- ganizing, training, and equipping more than point out that the subject he raised, tor of the Senate Armed Services Com- 79,000 military and civil service personnel re- that is intrinsic to this amendment, is mittee. He is retired from the United States quired to support operations and combat under careful study by an extraor- readiness training for 36 flying wings, 14 de- Army and served two tours in Vietnam. He is dinary group of individuals appointed currently President of Les Brownlee & Asso- tached groups, 13 Air Force Reserve installa- ciates LLC. tions, three Numbered Air Forces, and the by myself, Senator LEVIN, our leaders, Rhett Dawson—Commissioner Dawson is Air Reserve Personnel Center (ARPC). As and others. That will be part of the currently President and CEO of the Informa- Chief of Air Force Reserve, he directed and RECORD. tion Technology Industry Council. He is the oversaw the mobilization of Air Force Re- I yield the floor. former Senior Vice President, Law and Pub- serve personnel in support of military oper- The PRESIDING OFFICER. Who lic Policy, for the Potomac Electric Power ations in Kosovo, Afghanistan, and Iraq. yields time? Company. During the last two years of the During his career, General Sherrard com- Mr. WARNER. Mr. President, the Reagan Administration, he was an Assistant manded an airlift group, two Air Force Re- Senator from Maine has an amend- to the President for Operations. He also serve installations, two wings, and two Num- ment. It is one of the 12 amendments served as Staff Director of the Senate Armed bered Air Forces. we have under the unanimous consent Services Committee. He served on active Donald L. Stockton—Commissioner Stock- duty as a ROTC-commissioned Army officer ton currently owns and operates the agreement. There is a time limit on it, from 1969 to 1972. Marshfield Drayage Company in Missouri. He of which the Senator is aware. Larry K. Eckles—Commissioner Eckles re- is a retired lieutenant colonel from the U.S. The PRESIDING OFFICER. The Sen- tired as the Assistant Division Commander Air Force Reserves where he served nearly 30 ator from Maine is recognized.

VerDate Aug 31 2005 01:03 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.003 S07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — SENATE S12427 AMENDMENT NO. 2436 (2) by redesignating subparagraphs (E) and LRA, that represents the community Ms. SNOWE. Mr. President, pursuant (F) as subparagraphs (F) and (G), respec- and is required to be established under to the pending unanimous consent tively; and the law. If the LRA accepts the offer, agreement, I send an amendment to (3) by inserting after subparagraph (D) the the Secretary is required to transfer following new subparagraph (E): the desk and ask for its immediate con- ‘‘(E) In the case of any personal property the property to the LRA free of cost. sideration. located at an installation for which the date Incredibly, the Defense Base Closure The PRESIDING OFFICER. The of approval of closure or realignment is after and Realignment Act now provides for clerk will report. January 1, 2005, including property that is the first time in any base-closing round The assistant legislative clerk read determined pursuant to the inventory under the Secretary shall seek fair market as follows: subparagraph (A)(i) to be excess property value in the case of an economic devel- The Senator from Maine [Ms. SNOWE], for that would otherwise be transferred to an- opment conveyance through which the herself and Ms. COLLINS, Ms. LANDRIEU, Mr. other Federal agency under subchapter II of chapter 5 of title 40, United States Code, pur- Secretary transfers product to affected WYDEN, and Mr. CORZINE, proposes an amend- communities for economic develop- ment numbered 2436. suant to the authority in paragraph (1)(A)— ‘‘(i) the Secretary shall, unless the Sec- ment purposes. In short, the law now Ms. SNOWE. I ask unanimous con- retary determines that a transfer of such says the first order of business is for sent the reading of the amendment be property to a military department or other the Department of Defense to receive dispensed with. entity within the Department of Defense or fair market value, no matter the cost The PRESIDING OFFICER. Without the Coast Guard, or to the Department of in economic development, no matter objection, it is so ordered. Homeland Security, is necessary in the na- the cost to the communities them- The amendment is as follows: tional security interest of the United States, selves. (Purpose: To require the Secretary of De- instead offer to transfer such property to the redevelopment authority with respect to What kind of a perverse situation do fense, subject to a national security excep- we have, when the taxpayers and com- tion, to offer to transfer to local redevelop- such installation; and ment authorities for no consideration real ‘‘(ii) if the redevelopment authority ac- munities are facing closures or realign- property and personal property located at cepts the offer, transfer such property to the ments and they are now confronted military installations that are closed or re- redevelopment authority, without consider- with a triple burden? They have al- aligned as part of the 2005 round of defense ation, subject to the provisions of paragraph ready contributed mightily toward the base closure and realignment) (4).’’. cost of Iraq—more than $200 billion, (c) ECONOMIC REDEVELOPMENT.—Paragraph At the end of subtitle D of title XXVIII of (4)(A) of such section is amended by striking $28.5 billion of which was spent on rede- division B, add the following: ‘‘purposes of job generation’’ and inserting velopment efforts in that country. Now SEC. 2887. TRANSFER TO REDEVELOPMENT AU- ‘‘purposes of economic redevelopment or job their facilities are being realigned or THORITIES WITHOUT CONSIDER- ATION OF PROPERTY LOCATED AT generation’’. closed and now the statute is requiring MILITARY INSTALLATIONS CLOSED (d) CONFORMING CHANGE.—Paragraph (4)(B) of them, if you want this property for OR REALIGNED UNDER 2005 ROUND of such section is amended— economic recovery, for economic devel- OF DEFENSE BASE CLOSURE AND (1) by striking ‘‘shall seek’’ and all that opment—because now they are reeling REALIGNMENT. follows through ‘‘with respect to the instal- (a) OPTION ON TRANSFER OF REAL PROPERTY lation’’ and inserting the following: ‘‘may from the impact of a base closure—you AND FACILITIES.—Paragraph (2)(C) of section not obtain consideration in connection with will be required as a community or 2905(b) of the Defense Base Closure and Re- any transfer under this paragraph of prop- communities to buy it back from the alignment Act of 1990 (part A of title XXIX erty located at the installation. The redevel- Department of Defense at fair market of Public Law 101–510; 10 U.S.C. 2687 note) is opment authority to which such property is value. That obviously is going to cost amended— transferred shall’’; millions upon millions of dollars to (1) by inserting ‘‘(i)’’ after ‘‘(C)’’; and (2) in clause (i), by striking ‘‘agrees’’ and these communities that are already (2) by adding at the end the following new inserting ‘‘agree’’; and reeling from the economic impact as a clause: (3) in clause (ii)— ‘‘(ii)(I) Except as provided in subclause (II), (A) by striking ‘‘executes’’ and inserting result of base closure. in the case of any real property or facilities ‘‘execute’’; and It is no wonder communities are located at an installation for which the date (B) by striking ‘‘accepts’’ and inserting going to feel slighted and, indeed, of approval of closure or realignment is after ‘‘accept’’. abandoned by those they have sup- January 1, 2005, including property or facili- Ms. SNOWE. Mr. President, in Au- ported for so long. Is this the message ties that would otherwise be transferred to a gust the Base Realignment and Closure we want to send, that we are going to military department or other entity within Commission issued its fifth round of make the recovery process Defense De- the Department of Defense or the Coast partment centered and not community Guard under clause (i), or would otherwise be base closures since 1988. Soon the De- transferred to another Federal agency— partment of Defense will begin imple- centered? ‘‘(aa) the Secretary shall instead offer to menting the BRAC report, undoubtedly As I said earlier, I have been a vet- transfer such property or facilities to the re- having a direct and lasting impact on eran of five previous base-closing development authority with respect to such States across this country, including rounds when they first started in 1988. installation; and my own State of Maine. I rise today as I have been through every one of those ‘‘(bb) if the redevelopment authority ac- a congressional veteran of all five pre- rounds. It has always been, What can cepts the offer, transfer such property or fa- vious base-closing rounds to introduce we do to mitigate the economic impact cilities to the redevelopment authority, on the communities directly affected without consideration, subject to the provi- this amendment along with my col- sions of paragraph (4). league from Maine, Senator COLLINS. It by base closures? But now, regrettably, ‘‘(II) The requirement under subclause (I) is as well being cosponsored by Sen- we are seeing a reversal in that ap- shall not apply— ators CORZINE, WYDEN, and LANDRIEU, proach under the current statute. Now ‘‘(aa) to a transfer of property or facilities and endorsed by the Association of De- we are saying the U.S. Defense Depart- to a military department or other entity fense Communities, to place the com- ment is better equipped to move the within the Department of Defense or the munities that are directly affected by development decisions in the Depart- Coast Guard under clause (i), or to the De- base closures in this recent round in ment as opposed to concentrating and partment of Homeland Security, if the Sec- allowing the communities to make retary of Defense determines that such the driver’s seat with respect to the transfer is necessary in the national security critical economic development deci- those decisions. interest of the United States; or sions our base-closing communities are Are we to believe the Department of ‘‘(bb) to a transfer of property or facilities going to be confronting, and not plac- Defense is better equipped to make de- to an Indian tribe or tribal organization pur- ing the Department of Defense in con- cisions as to which property transfers suant to section 105(f)(3) of the Indian Self- trol of their economic development and will be most beneficial to a commu- Determination and Education Assistance Act their economic futures. nity’s economic development, that the (25 U.S.C. 450j(f)(3)).’’. Our amendment would require that, Department of Defense has a greater (b) OPTION ON TRANSFER OF PERSONAL when making determinations con- understanding of the individual chal- PROPERTY.—Paragraph (3) of such section is amended— cerning the transfer of property and in- lenges confronted by our towns and (1) in subparagraph (C)(i), by striking ‘‘sub- stallations, the Secretary of Defense communities in the aftermath of base paragraphs (E) and (F)’’ and inserting ‘‘sub- must offer that property first to the closures than the towns and commu- paragraphs (F) and (G)’’; local redevelopment authority, or the nities themselves?

VerDate Aug 31 2005 01:03 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.017 S07NOPT1 S12428 CONGRESSIONAL RECORD — SENATE November 7, 2005 I suggest such a notion is on its face ME, that was closed in the 1991 round I know you will hear opponents in absurd. Indeed, it is so preposterous I and subsequently closed its doors in the Department of Defense make its ar- can hardly believe we are standing here 1994 as a result of that 1991 round. guments. They will say, Well, suppose today to offer this amendment, that we At the height of its activity, the the community doesn’t want to accept are in a situation that we have to offer Loring Air Force Base augmented the the property for any reason. Of course, this amendment. Why would we con- native population of Aroostook County our amendment says if the community tinue to require the economic future of by 10,000 individuals. Today the com- doesn’t want it, and it would be mutu- our BRAC-affected communities to be munity is only now beginning to see ally beneficial to the community and determined by the highest bidder the progress in recovering from its prior the Department of Defense to have the Defense Department can identify? base closing loss, replacing 1,100 lost ci- property transferred through another So it is going to be the Defense De- vilian jobs with 1,400 new civilian jobs. channel, the community need only to partment that is going to be driving I could not imagine where we would be refuse the offer process. the sale, the transfer, and the future today if not for the free land transfer. Similarly, the amendment would not economic plans of a particular commu- Can you imagine if they cannot have require that the community request or nity and not the communities them- the ability to make decisions about accept all the property at an installa- selves. It contradicts the purpose of their future without being handicapped tion in order to receive any portion of what we need to do as a result of the about paying fair market value for this that property. base closures. In fact, in the aftermath property? It would have handicapped The Department of Defense will also of decisions that were made by the them from making the kind of deci- say we need the funds we would recoup Base Realignment and Closure Com- sions to allow them to move forward, if from selling property at fair market mission, I had the opportunity to speak they were first required to pay for this value to contribute to the account used with one of the commissioners, who property to the Department of Defense. for closing or realigning military in- said one of the purposes in making this It was bad enough they lost the base. stallations or environmental restora- decision—regrettably, on Brunswick— It was bad enough they lost 10,000 peo- tion and mitigation. was the fact that we wanted to put the ple who were located on that base. The Department of Defense may also communities in the driver’s seat. We I might add 10,000 is larger than claim that it requires the proceeds for wanted the communities to be able to many of the communities in the State the sale of closed base property in dictate their own future economic des- of Maine. order to pay for that property’s clean- Thousands of jobs depended on that tiny, not the Department of Defense, up and redevelopment. However, his- base. because the original decision was a pro- And we now say to the community, tory tells us that this is absolutely not posal for realignment, and they recog- Well, sorry. You are now going to have the case. In fact, according to the Jan- nized they could close the facility, the to pay fair market value to get it back. uary 2004 GAO report, over the previous Navy could take the personnel and With the current base-closing round, four base-closing rounds, proceeds from transfer the squadrons to Florida and America faces 22 major base closures land transfers account for only 2.6 per- keep the facility and hold the commu- and 33 alignments. Outside Maine, lead- cent of the Department of Defense nities hostage to an idle facility that ers and residents in States such as budget for cleanup, redevelopment, clo- would not generate jobs. So they de- California, Georgia, Indiana, Kansas, sure, and realignment costs. cided to allow the communities to Michigan, Mississippi, Texas, Utah, Or- Selling off closed base property is make those decisions. egon, New Jersey, Virginia, Pennsyl- clearly not necessary to these efforts They made the decision, regrettably, vania, Alaska, Wisconsin, and New and are certainly unwarranted when to close the facility, but because they Mexico will face considerable chal- one considers the harm that it can wanted the community to be able to lenges as they attempt to successfully cause to these communities that it take charge of its own future economic transition local economies following purports to help. destiny and be able to dictate what the base closures and realignments. Finally, it is critical to know that use of that abandoned base would be. In fact, according to the data con- this amendment also incorporates the So it makes no sense now to discover tained in the 2005 base-closing round, safeguards currently applicable to that we have in statute where it says almost 33,000 civilian jobs will be lost these economic conveyances to ensure the Department of Defense is going to in base closures and realignments. the integrity of these types of trans- require, is going to insist on fair mar- The Naval air station had a $211 mil- fers. ket value for transferring these prop- lion direct impact on the local econ- For instance, a property conveyance erties to the community. Ultimately, omy in 2004. But now the communities can only be provided to an LRA for obviously, the Defense Department is surrounding the air station are ex- economic development or job genera- going to be looking for the highest bid- pected to directly lose 3,275 military tion. Moreover, once the property is der. Ultimately the Defense Depart- and civilian jobs, as well as indirectly transferred to an LRA, the proceeds ment could potentially dictate the use losing another 2,590 jobs, for a total of from the sale or lease of the property of those facilities, even if it con- 5,865 jobs, or 15 percent of this labor within the next 7 years must be spent travenes the interest, the position, and market. While there are only 32,000 in support of economic redevelopment the decisions by the local communities people who live in Brunswick and the of the installation. in terms of how they want to use that neighboring town of Topsham com- That is an important point because facility. bined, such a significant loss will cause that would mean that it could reduce What happens if the Federal Govern- a catastrophic unemployment increase the Federal expenditures and environ- ment’s idea of opportunity is a Federal in the area to an incredible 15 percent. mental mitigation or other expendi- prison or an oil refinery that a commu- These communities need tools, not tures that are required and are associ- nity strongly opposes? Legislation has obstacles. ated with the closure of military in- already been introduced in the House For those of you who are confronting stallations. which, if enacted, could impose oil re- the base-closure process for the first In addition, this amendment retains fineries on these communities. In fact, time, I can assure you that this will safeguard provisions currently con- it has been part of their Energy bill in undoubtedly have a substantial and tained in the BRAC Act to ensure the the House of Representatives. detrimental impact on these commu- integrity of a transfer to a community. Ultimately, under current statutes, nities. For instance, it retains the provi- these decisions would rest not with the In the final analysis, the base-closing sions covered under the Comprehensive State, not with the town, or the city, act, as it stands today, places a very Environmental Response and Liability but with the Department of Defense. difficult burden on the community be- Act of 1980 to ensure that the property Rather, we ought to look at the model cause it places an inappropriately high will be environmentally restored. established in the State of Maine by priority on the Secretary of Defense to The amendment also includes an ex- the success achieved after I secured a obtain fair market value at the expense ception that protects the ability of the free transfer of land of the former of the best interests of the commu- Secretary of Defense to make transfers Loring Air Force Base in Limestone, nity’s economic recovery. necessary for our national security.

VerDate Aug 31 2005 01:03 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.018 S07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — SENATE S12429 I hope that we can work with my col- tually beneficial to the community and LRA, the proceeds from a sale or lease leagues in addressing these issues with the DoD to have the property transfer of the property, within the next 7 this amendment. I certainly will invite through other channels, the commu- years, must be spent in support of eco- the chairman of the committee and nity need only refuse the offer of prop- nomic redevelopment for the installa- members of the committee to critically erty. Similarly, the amendment would tion. think about the impact of the current not require that the community re- I have not been informed of any statute on those communities that will quest or accept all of the property at abuses that these safeguards would not be directly affected by base closures. an installation in order to receive any address, and from what I understand, Are we intending the Department of portion of that property. the DoD tracks and audits such trans- Defense to be the economic developer Moreover, it is critical to note that, actions to ensure compliance. If fur- for these communities, for my commu- while it is true that the revenue that ther oversight is necessary, I would not nities in Maine, for Brunswick and the DoD receives from selling installa- oppose it. Topsham that will not be able to plan tion property goes into accounts that Some would contend that local towns for their economic futures and their are used for such purposes as closing or and communities would not be best economic well-being? They want to be realigning military installations, or served by their own, unsupervised rede- able to dictate those choices. Are we environmental restoration and mitiga- velopment efforts. In response, I ask, now saying we are going to hamstring tion, this amendment would not sig- are we saying that the United States them where we say it will require fair nificantly deplete those funds to the Department of Defense is better market value for the property of the detriment of affected communities. equipped to make decisions as to which closed installation? Ultimately, they The fact remains, the BRAC account property transfers will be most bene- are going to be at the mercy of the De- has historically been funded primarily ficial to an individual community’s fense Department. with congressional appropriations from economic development? That the DoD The Defense Department is going to the general treasury, rather than pro- has a greater understanding of the in- say we are going to sell it to the high- ceeds from property sales and leases. dividual challenges faced by our towns est bidder, and it is one of several op- While the DoD may point to a few iso- and cities in the aftermath of base clo- tions under the statute. The Depart- lated examples where it recently ob- sures than the towns and cities them- ment of Defense could sell it at auction tained a large amount of money in re- selves? to the highest bidder. It could sell to a turn for a property transfer—for in- I would suggest that such a notion is, private entity, to an LRA. It could do stance for transfers in places like Or- on its face, absurd. So why would we a number of various things under the ange County, CA—those isolated exam- continue to require the economic fu- statute. ples are not indicative of what it can ture of our BRAC-affected commu- In the final analysis, they could over- be expected to receive elsewhere in the nities to be determined by the highest ride the interests of the community, Nation, where property values are con- bidder the Department of Defense can not to mention the fact that it will re- siderably lower. identify? According to the BRAC Report, there quire the community to pay fair mar- Rather, we should look to the model have been a total of 97 base and 5 in- ket value. established in my own State, by the This is the first time for this to occur stallation closures categorized by DoD success achieved at the site of the under the base-closing statute. This is as ‘‘major’’ as a result of the 1988 former Loring Air Force Base in Lime- the fifth round. In the four previous through 1995 processes. In addition, the stone, ME, closed in 1994 as a result of rounds, this was not the case. DoD has stated that there were 55 a BRAC round. At the height of its ac- I hope that we will reverse this ‘‘major’’ realignments and at least 235 tivity, the Loring Air Force Base aug- course because it will have an enor- smaller-sized closures and realign- mented the native population of Aroos- mous impact on my communities in ments as a result of past actions. took County by 10,000 individuals. That Maine and the 22 other States across Yet, a January 2005 Government Ac- is why I worked tirelessly to ensure this country that will be in similar po- countability Office report found that that the base was transferred to the sitions. DoD’s total land sales and related rev- I hope we can work through these enue was only about $595 million for community’s redevelopment authority issues. the prior four base rounds combined. for free. I implore my colleagues to support The $595 million is minimal in com- And I can tell you firsthand that the this amendment on behalf of the base- parison to the approximately $23 bil- redevelopment of Loring—replacing closing communities, those directly lion Congress appropriated to the the 1,100 lost civilian jobs with 1,400 impacted by the devastating loss of a BRAC accounts for the four prior new civilian jobs—would not have been military installation that will cost BRAC rounds. In fact, the revenue from as successful, if the community had hundreds of millions of dollars, the sales only represented about 2.6 per- not been placed in charge of its own re- thousands of jobs in my communities cent of those accounts. development and had not received the in the State of Maine and communities Furthermore, that $595 million figure majority of the installation property and taxpayers across this country who is dwarfed by the amount that the DoD for free as an indispensable redevelop- continue to spend hundreds of billions, has saved as a result of BRAC clo- ment tool. $30 billion of which we are spending on sures—about $28.9 billion in net savings I am open to continuing to work with the reconstruction of Iraq. through fiscal year 2003 from the prior my colleagues on any reasonable con- We have even closed bases in order to four closure rounds, according to GAO, cerns about this amendment, but would finance not only the war but the ex- and a projected $7 billion annually emphasize the importance of passing it penditures within the Pentagon. And thereafter. And these are net savings, now. Should additional reasonable now we are saying to communities, that already take into account BRAC changes be necessary, we can always You are going to pay a price for a third implementation cost! Unlike these address those issues through future time. We are going to make you pay for BRAC savings, which accrue to tax- legislation—but we should not lose this those closed installations if you want payers across the Nation, the negative opportunity to enact meaningful and to develop them. You are going to have impacts of base closures are dispropor- necessary change. to pay fair market value. tionately and unfairly borne by the I implore my colleagues to support I submit that is unacceptable, it is communities where bases have closed. this amendment on behalf of the BRAC unreasonable, and it is not fair to the This amendment also incorporates affected communities across our Na- communities that are directly on the the safeguards currently applicable to tion, who continue to contribute to the line. EDCs to ensure the integrity of these Iraqi war and reconstruction efforts, To dispel any misconceptions, let me types of transfers. For instance, the while simultaneously struggling to clarify the goals of the amendment and property conveyances could only be convince our Government to support what it would and would not do. provided to an LRA for economic rede- their economic recovery, right here at If there is property that a commu- velopment or job generation. Moreover, home. nity does not want, or it would be mu- once the property is transferred to an I reserve the remainder of my time.

VerDate Aug 31 2005 01:19 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.023 S07NOPT1 S12430 CONGRESSIONAL RECORD — SENATE November 7, 2005 Mr. WARNER. Mr. President, first, I property that was once occupied by the through significant base closings in my wish to recognize our distinguished col- Indians. Sometimes it might revert to State and am going through them right league from Maine, former member of the Indians. Maybe the Senator would now. I know exactly what the Senator the Armed Services Committee. We seek to advise the Senate. I understand from Maine is referring to. deeply regret that the Senator moved that the Senator recently amended the There are many occasions when land on, but she is now on the Tax Com- amendment to protect the interests of needs to be granted to a local economic mittee. As someone said, that is where the Indians. But the Indians are only redevelopment authority at no cost. the money is. one small segment. A number of base There are many cases like that, but It is with great reluctance that I say installations, through the 16 years of there are other uses that have to come to my good friend that we will have to BRAC, have been provided as shelters first that she would not allow for, in- very strongly oppose this. She makes for the homeless. cluding such things as parks or an equitable argument, persuasive ar- Then we move down to the public schools, conveyances for those public gument. But we have to take a look at benefit conveyances. Sometimes it was purposes which it seems to me must the broad picture. determined that these Federal facili- come first if we are using Federal prop- This is the fifth BRAC round. When ties should be transferred to local erty and deciding what to do with Fed- the original legislation was written, transportation or to airport authori- eral property. In terms of the priority there was quite an analysis put into ties or veterans centers. list, it seems to me public purposes that bill as to what happens to the In other words, there is another such as parks and schools should have properties if the BRAC Commission de- whole category of not quasi-Federal priority over the economic redevelop- clares it to be closed. That framework but certainly uses paralleling what the ment, as desirable as that can be. of laws has guided four previous BRAC Federal Government provides people— But there is another problem with Commissions. that whole category. that amendment, and that is it does Let us step back and think. While Then they have economic redevelop- not provide discretion. It makes it this particular base, Brunswick—and I ment conveyances; again, as the Sen- mandatory that the land always go free know it well, having been Secretary of ator said, either at fair market value to a local reuse even though that land the Navy—served the Nation magnifi- or DOD can determine certain cir- may have tremendous value and the cently, I was somewhat surprised to see cumstances so they could follow the proceeds we have been able to obtain, it was closed, but the decision was very narrow provisions of the Senator’s which are not great, nonetheless have made. And believe me, BRAC also hit bill, turn it over to the local LRA. been there to help us clean up property my State severely. The decision was That is established maybe at no cost. which we want to turn over to local made to close it. That is over. We can’t It is important that we don’t take a governments. We have huge cleanup repeal that. But this base property carefully crafted, a carefully time-test- costs. We have been able to obtain does not just belong to the citizens of ed framework of laws regarding how money for the resale of land. That Maine but all Americans. It is Federal the properties are to be used following money has gone into the cleanup of property. As such, it is owned by all a closure and suddenly wipe it off the these bases before they are turned back Americans. All Americans, through books. to the local authority. their tax collections, provided the There are a number of old deeds. For I have nothing but understanding for funds to improve this base over the example, one installation I have—Fort the Senator from Maine in the situa- years and to maintain the base. Monroe, which has been in business for tion she and her State face. We have a We have to be careful as the BRAC a very long time—under the deed, if number of facilities which have been Commission lays down a matrix of clo- BRAC were to close it—and indeed this realigned in my home State which have sure adjustments all over America. In time BRAC did close it—then it reverts value. In one case, we have a property some instances, some communities to certain community interests. where a buyer is willing to purchase it would benefit enormously. Mind you, This amendment, as I read it, would if we could get the military to nego- this bill governs BRAC decisions, wher- wipe out that deed. tiate with that purchaser. That would ever it was in the United States of I am not speaking from a selfish be money which would come to the America on BRAC round 5, the one cur- point of view. I am simply saying that Federal Treasury. The buyer is willing rently being administered. there are other Senators who should to pay to the Federal Treasury. In- When Congress enacted the first very quickly, if they are inclined to stead, the Air Force prefers to auction BRAC law, they very carefully assessed support Senator SNOWE’s amendment, the property. The question is whether, that there would be so many different check with your local State to make under all the circumstances that exist, locations, different circumstances that sure that if you are affected by this it is fairer to auction that property or we had to put down a series of steps round, the fifth round of BRAC, there to negotiate with a private buyer with that the BRAC Commission and subse- may be some old deeds, conveyances, whom the Government had long been quently those that are entrusted with and agreements, with a facility having negotiating. the closing—namely, the DOD—must been closed in your State, as to how Without getting into that issue as to follow by law. that facility then reverts to other in- which is fairer—an auction or a nego- For example, when a facility such as terests. tiated sale—neither one of them would this is closed, the first thing to deter- This is not a very simple thing. You be permitted under the amendment of mine is, is there another military oper- pull at the heartstrings when you talk the Senator from Maine. It would have ation that could utilize this base? This about, yes, Maine can use it. I don’t to go for nothing to somebody even was primarily a Naval base. It could doubt that Maine can use it. It is a though you have a buyer out there who well be needed by the Army or other first-class facility. But it belongs to wants to pay for it. We should not take departments of the military. That is the taxpayers. They have paid for the such an absolute position on the dis- the first thing. Are there other DOD construction of it. They have paid for position of these properties. There will missions? Second, other Federal agen- years and years of maintenance. be occasions—and I happen to agree cies are constantly relocating and rees- I suggest the framework of laws with the Senator from Maine—where tablishing areas. The Federal Govern- which has been in existence these 16 property should be turned over to a ment is disbursing a lot of it out of years remain intact and this closure be local development or redevelopment Washington. Could not this property, conducted in a manner consistent with authority for free. That is true. But owned by all citizens of America, be the closures that have taken place in there are also occasions where the utilized by another Federal agency? the several States represented in this property has tremendous value, where It is rather interesting. Through the Senate over a period of some 16 years. the Government, as our dear friend years, there has crept in a doctrine I yield the floor. from Virginia has said, has invested an that the next priority should be, for ex- The PRESIDING OFFICER (Mr. awful lot of money in this base and ample, maybe the Indian tribes. Often- BURR). The Senator from Michigan. where it has great value and where times, there are agreements that go Mr. LEVIN. I, too, must reluctantly those dollars are needed in the Treas- back years and years regarding Federal oppose this amendment. I have come ury, in part to pay for the cleanup of

VerDate Aug 31 2005 01:19 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.026 S07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — SENATE S12431 property before it is turned over for to add additional burdens out of their transferring some of this property to any other use. I don’t see why we would pockets for cleanup as a consequence of another public agency but does not want to write an absolute rule into the this existing framework of laws that have to. It is no different from the law which says that the property must has been there for 16 years that enable LRA. This is wrong. This is contra- be given away to a local reuse author- some properties to bring about money vening the intent. ity rather than there should be an ef- for the Federal Government, but it The chairman raises the question fort made to obtain fair compensation goes precisely into that account for the about deeds. Reversion will stand as it for it. It does not say that there always cleanup, to save Federal taxpayers the is. It will not revert back to the owner, must be compensation; it says that added burden of cleanup expenses. The as the Congressional Research Service there will be an effort to seek fair com- Senator made a key point. said, to the original owner. This lan- pensation. There are certain ways of The PRESIDING OFFICER. The Sen- guage will not do anything to reverse building discretion and flexibility into ator from Maine. that in any way. I make that clear. that. Ms. SNOWE. How much time re- We are moving in an entirely dif- We have another situation where we mains? ferent track. All of America will ben- have a significant piece of property The PRESIDING OFFICER. The Sen- efit from the savings, but not all of that will be available as a result of this ator from Maine has 111⁄2 minutes re- America is going to bear the dispropor- last round of base closures. This prop- maining. tionate burden of the base closure. For erty has immense value. I don’t know Ms. SNOWE. I respond to several of the Department of Defense now to say that we can come close to equating it the issues raised by the chairman and we are going to take charge and hold to the Presidio in San Francisco, but it ranking member of the Committee on these communities, such as Brunswick has, nonetheless, immense value. The Armed Services. It is important. We and Topsham, hostage to the decisions question is, What will the military do have to establish the fact that this is that are made by the Department of with this property? It is my belief that the first time we are applying the stat- Defense and how they will use that the military should keep it because ute in this fashion. It is the first time property, frankly, I find it rather sur- part of the base that was kept open and this statutory language is applying to prising, dismaying, and disappointing not realigned needs the property for its a base-closing round that allows the we are at this point, and I have been own use. But the military may decide Department of Defense to establish and through all five base-closing rounds. I it does not need that property. It may impose fair market value for the use of have been through it all. decide that property is expendable and this property as opposed to transfer- We talk about environmental clean- can be surplused. Then what? ring it for free to a local redevelop- up. Supposedly, according to the De- Under the Senator’s amendment, ex- ment authority. This is not some spe- partment of Defense, they have a net traordinarily valuable property which cial interest authority. These are local savings of $28 billion. They should have any developer would like to get their communities, State officials who have been able to clean up all of the bases by hands on and pay for it and pay the Na- a genuine interest in the future of their now. tional Treasury money for must go for communities, whereas the Department Under my legislation, what it would nothing to a local redevelopment au- of Defense is interested in a one-time allow is that the LRAs for the next thority. We cannot get any financial sale. several years, for any money they benefit from that land no matter how I hope we would respect the interests made, would go back to the installa- valuable if it goes to a local redevelop- of the community that is directly af- tion for job generation and for helping ment authority. fected. After all, they are the ones who to clean up so it can mitigate the Fed- That is too rigid. That is too inflexi- are disproportionately bearing the bur- eral costs for environmental litigation, ble and deprives the Federal Treasury den of the base closure. Why isn’t it which, by the way, the Department of of desperately needed money, including that they wouldn’t have a direct inter- Defense is not doing a very good job of money for cleanup. We have a huge est in shaping it? in other installations. That is a serious cleanup bill for these properties. We This is the first time this statute is concern. They have diverted those pro- cannot simply give away the oppor- going to apply to a base-closing round. tunity to recoup some funds for the ceeds for purposes other than those for Is it fair, at a time we are asking our Federal Treasury from highly valuable which they were intended. citizens, our constituents, to pay $200 That is the issue. They have had a land. I have lost a lot of bases in my home billion for the reconstruction of Iraq, net savings, according to their num- State. All three of our Strategic Air losing your bases, and then we are say- bers, of $28 billion, but they have not Command bases have been closed. We ing, If you want them back and you used it for what it was intended, which have lost other facilities, as well. I want that property, you pay for it? was to clean up other facilities from We have had four previous base-clos- know firsthand what a complicated the four base-closing rounds. They process this is. I do know, as the Sen- ing rounds. We had 97 major base clo- have not done it, so the local commu- ator from Maine says, there are occa- sures. Then we had 235 smaller sized nities would be in control, be able to sions when property under all the cir- closures and 55 major realignments. help dictate their futures, so we do not cumstances should go to a local rede- And we never asked for fair market have the Department of Defense say- velopment agency without reimburse- value. We have never said the Depart- ing: Well, you better take this or else— ment to the Government, but there are ment of Defense was in the business of or else you get nothing. other occasions when land is extraor- economic development. We said they I do not think that is fair. I do not dinarily valuable and when people are were in the business of national secu- think that is fair to communities that willing to pay for that land where, if it rity and running the defense of our have embraced the military for genera- is not going to go for a public use and country and wars, not being real estate tions. At a time in which we are exact- it will be put up for private redevelop- developers. Do they have an interest of ing a great cost from our constituents ment, there should be some recouping where the future is going to go in and taxpayers, with more than $200 bil- to the National Treasury. Brunswick and Topsham, ME? I say lion in Iraq—supplemental upon sup- I am afraid this is too rigid, and I not. plemental, reconstruction, schools, se- cannot support it. At Loring Air Force Base, it worked curity, sewage systems, power—we are Mr. WARNER. Mr. President, the out very well. They had a compatible saying now to communities that have Senator talks about cleanup, but over relationship with the Defense Depart- just lost their bases: the years $1.4 billion has been recouped ment. We have a defense agency there Oh, by the way, you are going to have by the Department of Defense. That which is great. We have Job Corps to pay hundreds of millions of dollars if money simply goes to the Treasury to there. We have private sector entities. you want it back and if you want to an account earmarked for precisely We didn’t disregard public benefits or generate jobs. what the Senator from Michigan said, the public agencies. In fact, the DOD, Now, tell that to my communities, for cleanup and other expenses. under this statute, does not have to which are going to lose more than 5,000 Again, the Federal taxpayers who consider, does not have to transfer to jobs, that if they want to create jobs, once owned the land now do not have any public agency, could consider they are going to have to pay hundreds

VerDate Aug 31 2005 01:19 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.027 S07NOPT1 S12432 CONGRESSIONAL RECORD — SENATE November 7, 2005 of millions of dollars before they can of people left northern Maine and The Senator from Michigan. start that process. If they don’t, the moved away because of the limited op- AMENDMENT NO. 2430 Department of Defense is going to tell portunities available to them once the Mr. LEVIN. Mr. President, very brief- them how their future is going to go. Air Force left town. ly, on the question of the independent They will tell them whether they want Given the rural area of the former commission, my good friend from Vir- an oil refinery because they are not Air Force base, the fact that the base ginia rattled off a bunch of statistics as going to have any choice. I cannot was eventually transferred to the com- to how many investigations have taken imagine that is the direction we want munity at no cost was critically impor- place, how many hearings have been to take with this statute. tant to spurring economic growth in an held, how many witnesses have been It has worked very well in the past. area that had just been devastated by interviewed, with something like 12 As I have said, for hundreds and hun- the loss of thousands of jobs overnight. major investigations. We have had 40 dreds of base closures, it has worked The collateral damage of the base’s closed hearings, I think he said, 30 open well. It worked very well for the former closure went far beyond active duty hearings, and 16,000 pages of documents Loring Air Force Base. There has been military personnel and their families. have been obtained. a very compatible relationship up there It also affected many small business As I thought was going to happen, that has been a success, but that is be- owners who were forced to close their those kinds of numbers were going to cause I was able to secure a free trans- businesses and leave the area perma- be utilized. The problem is, they are fer for facilities like Loring back in nently. When a base closes, the need to not particularly relevant to the point 1991 so they could start with the tools attract new economic development is which this commission amendment they needed to help shape their future. even more difficult and compounded by seeks to address, which is there are It has worked. Allow that process to the fact that supporting professionals huge gaps in these investigations. work. It has been demonstrated it can have already left the area. The result- There could be 20 hearings or 50 hear- work. But let’s not create another ob- ing job losses and their impact on the ings or 100 hearings, but these inves- stacle by now having the Department local economy further highlight the tigations have not gotten to 5 major of Defense in the business of developing need for providing the option of no-cost points, such as, What is the role of the real estate. I think it is a very unfortu- conveyance at a time when many areas intelligence community? nate direction. can ill-afford to spend millions of dol- The people who have done the inves- I hope my colleagues will support lars to purchase vacant buildings. tigating have said they have not gotten Much like a decade ago, the Midcoast this amendment, support what is right to that point, they have not reached region of Maine is now suffering the for the communities that are going to that issue. The CIA has not cooperated same devastating fate through the clo- bear a tremendous burden, and allow with them. So we have that huge gap sure of the last active duty airfield this process to work. It is in the best in the investigations that have taken north of New Jersey, the Brunswick interests of the communities and in the place so far. Are there secret prisons Naval Air Station. Not only will this best interests of this country, around the world being maintained? region lose 2,667 active duty personnel, Mr. President, I yield the floor. What about the ghost detainees? There 5,704 Navy family members, 715 civilian Ms. COLLINS. Mr. President, I rise in is not a week that goes by that we are jobs, and an additional 1,300 drilling re- support today of this amendment of- not reading about an issue that relates fered by my colleague from Maine and servists who contribute to the local economy each month, but also the to the intelligence community, par- myself to the fiscal year 2006 Defense/ ticularly the CIA’s role in terms of in- Authorization Bill. community will have to pay the De- partment of Defense fair market value terrogating detainees. Yet that is an Our amendment focuses on one goal, almost complete blank slate. to provide the communities that are for the base’s property. Communities affected by a large base All of those investigations which losing bases through the BRAC another closure are already reeling from the have been made, which the Senator opportunity to control their future re- economic loss of the military as its from Virginia referred to, have said: development, recovery, and economic neighbor, and to add the hardship of Well, we have not gotten into that well-being. issue. We were not allowed to get into The ‘‘no-cost conveyance’’ amend- forcing the same community to pay the Department for vacating the area is es- that issue. ment that we have proposed would Another major area is the U.S. Gov- modify the BRAC Act to give the af- sentially a ‘‘double closure.’’ This amendment is not just to assist ernment policy on rendition. We have fected communities the ‘‘right of first a base closing in my home State of not had any investigation on that. refusal’’ with respect to the transfer of Another major area is the role of Maine, but it is to help all bases af- property on the base. Specifically, it contractors. We have not had any in- fected across the country. I urge all of would require that when making deter- vestigation on that. my colleagues to support this amend- minations concerning the transfer of Another major area is the legality of ment, and in doing so support the com- property at a base, the Secretary of De- the interrogation techniques, particu- munities nationwide that are experi- fense must first offer that property to larly the two major documents setting encing the far-reaching ramifications the community through its redevelop- forth the techniques which were going of closure or realignment due to the re- ment authority. If the redevelopment to be used, the so-called second Bybee cent base closing round by the Depart- authority accepts, the Secretary is re- memo and the memo from Mr. Yoo to ment of Defense. the Department of Defense general quired to transfer the property to the The PRESIDING OFFICER. Who counsel, Mr. Haynes. We have not got- community at no cost. yields time? This legislation provides for an im- The Senator from Virginia. ten there. So there has been no inves- portant exception in the case of na- Mr. WARNER. Mr. President, I ask tigation of the legality of the interro- tional security, in order to allow the unanimous consent that at 5:30 today, gation techniques permitted by the Of- Secretary to transfer the property to a the Senate proceed to a vote in rela- fice of Legal Counsel’s memos to which military service or other entity within tion to the Allard amendment No. 2423, I have just referred. And there are a the Department of Defense, the Coast with no amendments in order to that number of outstanding document re- Guard, or the Department of Homeland amendment prior to the vote. My un- quests which have been flatout denied Security, if such action is necessary in derstanding is this request has been relative to what happened at Guanta- the national security interest of the cleared on both sides. namo. United States. The PRESIDING OFFICER. Is there Now, it does not make any difference I support this amendment because I objection? how many hearings have been held—as know personally what the true impact Without objection, it is so ordered. long as you have those gaps which are of a devastating base closure can cause Mr. WARNER. Mr. President, the bill greater than the amount covered, you to a close-knit community. I grew up is open for further amendment, as Sen- have not had a thorough investigation, just 10 miles from the now-closed ator LEVIN and I are here. or anything close, of detainee abuses Loring Air Force Base. After the base The PRESIDING OFFICER. Who and these so-called secret prisons shut its doors in 1994, tens of thousands yields time? around the world which are allegedly

VerDate Aug 31 2005 01:19 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.029 S07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — SENATE S12433 maintained. That is the point. That is That is in the past and there is nothing we But we owe it to the Captain why you need an independent commis- can do about it now. But, we can learn from Fishbacks of this world. We owe it to sion. You cannot sweep this under the our mistakes and ensure that this does not all the men and women who serve so rug. It is going to pop up again. There happen again. Take a major step in that di- rection; eliminate the confusion. My ap- honorably, which is 99 percent, prob- is going to be another captain who is proach for clarification provides clear evi- ably 99.9 percent, of our military. We going to show up—and my friend from dence that confusion over standards was a owe it to them to protect them. One Virginia met with this captain. This is major contributor to the prisoner abuse. We way to protect them is to make sure a letter to Senator MCCAIN from Cap- owe our soldiers better than this. Give them we have a thorough investigation, tain Fishback, who is in a parachute a clear standard that is in accordance with without these major gaps, as to what infantry regiment in the 82nd Airborne the bedrock principles of our Nation. went wrong. Division at Fort Bragg, talking about Some do not see the need for this work. Some argue that since our actions are not as Mr. President, I ask unanimous con- the way intelligence personnel were horrifying as Al Qaeda’s, we should not be sent that additional material be print- used to give directions to soften up de- concerned. When did Al Qaeda become any ed in the RECORD. tainees. But we have had no investiga- type of standard by which we measure the There being no objection, the mate- tion of intelligence. morality of the United States? We are Amer- rial was ordered to be printed in the So you have an honorable member of ica, and our actions should be held to a high- RECORD, as follows: er standard, the ideals expressed in docu- the U.S. military, CPT Ian Fishback. I GAPS IN THE DOD DETAINEE ABUSE REVIEWS had a personal conversation with this ments such as the Declaration of Independ- The carefully-carved out mandates of the captain where he described to me what ence and the Constitution. Others argue that clear standards will nearly a dozen reviews have left significant I just said, that there were directions limit the President’s ability to wage the War gaps and critical issues unexamined. from the intelligence community to on Terror. Since clear standards only limit 1. Role of CIA: Limited or no cooperation soften up detainees. He says: interrogation techniques, it is reasonable for from CIA with investigations. Instead of resolving my concerns, the ap- me to assume that supporters of this argu- 2. Rendition: No investigation into prac- proach for clarification process leaves me ment desire to use coercion to acquire infor- tice of rendering prisoners to foreign coun- deeply troubled. mation from detainees. This is morally in- tries for interrogation. This is a letter to Senator MCCAIN. I consistent with the Constitution and justice 3. Contractors: Insufficient information on ask unanimous consent it be printed in in war. It is unacceptable. role of contractors in interrogations and de- Both of these arguments stem from the tainee abuse. the RECORD. larger question, the most important question 4. Special Operations Forces: Allegations There being no objection, the mate- that this generation will answer. Do we sac- of abuses by Special Operations Forces re- rial was ordered to be printed in the rifice our ideals in order to preserve secu- main unexamined. RECORD, as follows: rity? Terrorism inspires fear and suppresses 5. Legality of Interrogation Techniques: [From the Washington Post, Sept. 28, 2005] ideals like freedom and individual rights. Investigations have avoided looking at the A MATTER OF HONOR Overcoming the fear posed by terrorist legality of the interrogation techniques that DEAR SENATOR MCCAIN: I am a graduate of threats is a tremendous test of our courage. may have been authorized by DoD officials West Point currently serving as a Captain in Will we confront danger and adversity in and others. the U.S. Army Infantry. I have served two order to preserve our ideals, or will our cour- 6. Key Documents Missing: Key policy and combat tours with the 82nd Airborne Divi- age and commitment to individual rights legal documents from the Defense and Jus- sion, one each in Afghanistan and Iraq. wither at the prospect of sacrifice? My re- tice Departments not provided to Congress. While I served in the Global War on Terror, sponse is simple. If we abandon our ideals in the actions and statements of my leadership the face of adversity and aggression, then [From the Washington Post, Nov. 2, 2005] those ideals were never really in our posses- led me to believe that United States policy CIA HOLDS TERROR SUSPECTS IN SECRET sion. I would rather die fighting than give up did not require application of the Geneva PRISONS even the smallest part of the idea that is Conventions in Afghanistan or Iraq. On 7 (By Dana Priest) May 2004, Secretary of Defense Rumsfeld’s ‘‘America.’’ testimony that the United States followed Once again, I strongly urge you to do jus- The CIA has been hiding and interrogating the Geneva Conventions in Iraq and the tice to your men and women in uniform. some of its most important al Qaeda captives ‘‘spirit’’ of the Geneva Conventions in Af- Give them clear standards of conduct that at a Soviet-era compound in Eastern Europe, ghanistan prompted me to begin an approach reflect the ideals they risk their lives for. according to U.S. and foreign officials famil- for clarification. For 17 months, I tried to de- With the Utmost Respect, iar with the arrangement. termine what specific standards governed CAPT. IAN FISHBACK, The secret facility is part of a covert pris- the treatment of detainees by consulting my 1st Battalion, 504th on system set up by the CIA nearly four chain of command through battalion com- Parachute Infantry years ago that at various times has included mander, multiple JAG lawyers, multiple Regiment, 82nd Air- sites in eight countries, including Thailand, Democrat and Republican Congressmen and borne Division, Fort Afghanistan and several democracies in their aides, the Ft. Bragg Inspector Gen- Bragg, NC. Eastern Europe, as well as a small center at eral’s office, multiple government reports, Mr. LEVIN. He sets forth what has the Guantanamo Bay prison in Cuba, accord- the Secretary of the Army and multiple gen- happened here in terms of abuses and ing to current and former intelligence offi- eral officers, a professional interrogator at cials and diplomats from three continents. how it hurts our military. It hurts him. The hidden global internment network is a Guantanamo Bay, the deputy head of the de- It is not just hurting our honor, it partment at West Point responsible for central element in the CIA’s unconventional teaching Just War Theory and Law of Land makes their lives more dangerous in war on terrorism. It depends on the coopera- Warfare, and numerous peers who I regard as case they are ever captured. And he tion of foreign intelligence services, and on honorable and intelligent men. ends by saying: keeping even basic information about the Instead of resolving my concerns, the ap- If we abandon our ideals in the face of ad- system secret from the public, foreign offi- proach for clarification process leaves me versity and aggression, then those ideals cials and nearly all members of Congress deeply troubled. Despite my efforts, I have were never really in our possession. I would charged with overseeing the CIA’s covert ac- been unable to get clear, consistent answers rather die fighting than give up even the tions. from my leadership about what constitutes smallest part of the idea that is ‘‘America.’’ The existence and locations of the facili- lawful and humane treatment of detainees. I Now, that is a member of the U.S. ties—referred to as ‘‘black sites’’ in classi- am certain that this confusion contributed fied White House, CIA, Justice Department military. and congressional documents—are known to to a wide range of abuses including death We cannot sweep this under the rug. threats, beatings, broken bones, murder, ex- only a handful of officials in the United posure to elements, extreme forced physical The investigations so far have swept States and, usually, only to the President exertion, hostage-taking, stripping, sleep critical issues under the rug. They are and a few top intelligence officers in each deprivation and degrading treatment. I and going to surface sooner or later. Better host country. troops under my command witnessed some of to have an independent commission The CIA and the White House, citing na- these abuses in both Afghanistan and Iraq. take a look at them, get it away from tional security concerns and the value of the This is a tragedy. I can remember, as a any partisanship, and have a commis- program, have dissuaded Congress from de- cadet at West Point, resolving to ensure that sion the way the 9/11 Commission was manding that the agency answer questions my men would never commit a dishonorable in open testimony about the conditions act; that I would protect them from that appointed, with five Democratic ap- under which captives are held. Virtually type of burden. It absolutely breaks my pointees, five Republican appointees, nothing is known about who is kept in the heart that I have failed some of them in this and have the President appoint the facilities, what interrogation methods are regard. chairman of the commission. employed with them, or how decisions are

VerDate Aug 31 2005 01:19 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.030 S07NOPT1 S12434 CONGRESSIONAL RECORD — SENATE November 7, 2005 made about whether they should be detained are prohibited by the U.N. convention and by ation before Sept. 11, 2001, not even for or for how long. U.S. military law. They include tactics such Osama bin Laden, according to former gov- While the Defense Department has pro- as ‘‘waterboarding,’’ in which a prisoner is ernment officials. The plan was to bring bin duced volumes of public reports and testi- made to believe he or she is drowning. Laden and his top associates into the U.S. mony about its detention practices and rules Some detainees apprehended by the CIA justice system for trial or to send them to after the abuse scandals at Iraq’s Abu Ghraib and transferred to foreign intelligence agen- foreign countries where they would be tried. prison and at Guantanamo Bay, the CIA has cies have alleged after their release that ‘‘The issue of detaining and interrogating not even acknowledged the existence of its they were tortured, although it is unclear people was never, ever discussed,’’ said a black sites. To do so, say officials familiar whether CIA personnel played a role in the former senior intelligence officer who with the program, could open the U.S. gov- alleged abuse. Given the secrecy surrounding worked in the CIA’s Counterterrorist Center, ernment to legal challenges, particularly in CIA detentions, such accusations have or CTC, during that period. ‘‘It was against foreign courts, and increase the risk of polit- heightened concerns among foreign govern- the culture and they believed information ical condemnation at home and abroad. ments and human rights groups about CIA was best gleaned by other means.’’ But the revelations of widespread prisoner detention and interrogation practices. On the day of the attacks, the CIA already abuse in Afghanistan and Iraq by the U.S. The contours of the CIA’s detention pro- had a list of what it called High-Value Tar- military—which operates under published gram have emerged in bits and pieces over gets from the al Qaeda structure, and as the rules and transparent oversight of Con- the past two years. Parliaments in Canada, World Trade Center and Pentagon attack gress—have increased concern among law- Italy, France, Sweden and the Netherlands plots were unraveled, more names were have opened inquiries into alleged CIA oper- makers, foreign governments and human added to the list. The question of what to do ations that secretly captured their citizens rights groups about the opaque CIA system. with these people surfaced quickly. or legal residents and transferred them to Those concerns escalated last month, when The CTC’s chief of operations argued for the agency’s prisons. Vice President Cheney and CIA Director Por- creating hit teams of case officers and CIA More than 100 suspected terrorists have ter J. Goss asked Congress to exempt CIA been sent by the CIA into the covert system, paramilitaries that would covertly infiltrate employees from legislation already endorsed according to current and former U.S. intel- countries in the Middle East, Africa and even by 90 Senators that would bar cruel and de- ligence officials and foreign sources. This Europe to assassinate people on the list, one grading treatment of any prisoner in U.S. figure, a rough estimate based on informa- by one. custody. But many CIA officers believed that the al Although the CIA will not acknowledge de- tion from sources who said their knowledge of the numbers was incomplete, does not in- Qaeda leaders would be worth keeping alive tails of its system, intelligence officials de- clude prisoners picked up in Iraq. to interrogate about their network and other fend the agency’s approach, arguing that the The detainees break down roughly into two plots. Some officers worried that the CIA successful defense of the country requires classes, the sources said. would not be very adept at assassination. that the agency be empowered to hold and About 30 are considered major terrorism ‘‘We’d probably shoot ourselves,’’ another interrogate suspected terrorists for as long suspects and have been held under the high- former senior CIA official said. as necessary and without restrictions im- est level of secrecy at black sites financed by The agency set up prisons under its covert posed by the U.S. legal system or even by the the CIA and managed by agency personnel, action authority. Under U.S. law, only the military tribunals established for prisoners including those in Eastern Europe and else- president can authorize a covert action, by held at Guantanamo Bay. where, according to current and former in- signing a document called a presidential The Washington Post is not publishing the telligence officers and two other U.S. govern- finding. Findings must not break U.S. law names of the Eastern European countries in- ment officials. Two locations in this cat- and are reviewed and approved by CIA, Jus- volved in the covert program, at the request egory—in Thailand and on the grounds of the tice Department and White House legal ad- of senior U.S. officials. They argued that the military prison at Guantanamo Bay—were visers. disclosure might disrupt counterterrorism closed in 2003 and 2004, respectively. Six days after the Sept. 11 attacks, Presi- efforts in those countries and elsewhere and A second tier—which these sources believe dent Bush signed a sweeping finding that could make them targets of possible ter- includes more than 70 detainees—is a group gave the CIA broad authorization to disrupt rorist retaliation. considered less important, with less direct terrorist activity, including permission to The secret detention system was conceived involvement in terrorism and having limited kill, capture and detain members of al Qaeda in the chaotic and anxious first months after intelligence value. These prisoners, some of anywhere in the world. the Sept. 11, 2001, attacks, when the working whom were originally taken to black sites, It could not be determined whether Bush assumption was that a second strike was im- are delivered to intelligence services in approved a separate finding for the black- minent. Egypt, Jordan, Morocco, Afghanistan and sites program, but the consensus among cur- Since then, the arrangement has been in- other countries, a process sometimes known rent and former intelligence and other gov- creasingly debated within the CIA, where as ‘‘rendition.’’ While the first-tier black ernment officials interviewed for this article considerable concern lingers about the legal- sites are run by CIA officers, the jails in is that he did not have to. ity, morality and practicality of holding these countries are operated by the host na- Rather, they believe that the CIA general even unrepentant terrorists in such isolation tions, with CIA financial assistance and, counsel’s office acted within the parameters and secrecy, perhaps for the duration of their sometimes, direction. of the Sept. 17 finding. The black-site pro- lives. Mid-level and senior CIA officers began Morocco, Egypt and Jordan have said that gram was approved by a small circle of White arguing two years ago that the system was they do not torture detainees, although House and Justice Department lawyers and unsustainable and diverted the agency from years of State Department human rights re- officials, according to several former and its unique espionage mission. ports accuse all three of chronic prisoner current U.S. government and intelligence of- ‘‘We never sat down, as far as I know, and abuse. ficials. came up with a grand strategy,’’ said one The top 30 al Qaeda prisoners exist in com- former senior intelligence officer who is fa- plete isolation from the outside world. Kept DEALS WITH 2 COUNTRIES miliar with the program but not the location in dark, sometimes underground cells, they Among the first steps was to figure out of the prisons. ‘‘Everything was very reac- have no recognized legal rights, and no one where the CIA could secretly hold the cap- tive. That’s how you get to a situation where outside the CIA is allowed to talk with or tives. One early idea was to keep them on you pick people up, send them into a nether- even see them, or to otherwise verify their ships in international waters, but that was world and don’t say, ‘What are we going to well-being, said current and former and U.S. discarded for security and logistics reasons. do with them afterwards?’’’ and foreign government and intelligence offi- CIA officers also searched for a setting like It is illegal for the government to hold cials. Alcatraz Island. They considered the vir- prisoners in such isolation in secret prisons Most of the facilities were built and are tually unvisited islands in Lake Kariba in in the United States, which is why the CIA maintained with congressionally appro- Zambia, which were edged with craggy cliffs placed them overseas, according to several priated funds, but the White House has re- and covered in woods. But poor sanitary con- former and current intelligence officials and fused to allow the CIA to brief anyone except ditions could easily lead to fatal diseases, other U.S. government officials. Legal ex- the House and Senate intelligence commit- they decided, and besides, they wondered, perts and intelligence officials said that the tees’ chairmen and vice chairmen on the pro- could the Zambians be trusted with such a CIA’s internment practices also would be gram’s generalities. secret? considered illegal under the laws of several The Eastern European countries that the Still without a long-term solution, the CIA host countries, where detainees have rights CIA has persuaded to hide al Qaeda captives began sending suspects it captured in the to have a lawyer or to mount a defense are democracies that have embraced the rule first month or so after Sept. 11 to its long- against allegations of wrongdoing. of law and individual rights after decades of time partners, the intelligence services of Host countries have signed the U.N. Con- Soviet domination. Each has been trying to Egypt and Jordan. vention Against Torture and Other Cruel, In- cleanse its intelligence services of operatives A month later, the CIA found itself with human or Degrading Treatment or Punish- who have worked on behalf of others—main- hundreds of prisoners who were captured on ment, as has the United States. Yet CIA in- ly Russia and organized crime. battlefields in Afghanistan. A short-term so- terrogators in the overseas sites are per- ORIGINS OF THE BLACK SITES lution was improvised. The agency shoved its mitted to use the CIA’s approved ‘‘Enhanced The idea of holding terrorists outside the highest-value prisoners into metal shipping Interrogation Techniques,’’ some of which U.S. legal system was not under consider- containers set up on a corner of the Bagram

VerDate Aug 31 2005 01:19 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.039 S07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — SENATE S12435 Air Base, which was surrounded with a triple timated $100 million was tucked inside the In hindsight, say some former and current perimeter of concertina-wire fencing. Most classified annex of the first supplemental Af- intelligence officials, the CIA’s problems prisoners were left in the hands of the North- ghanistan appropriation. were exacerbated by another decision made ern Alliance, U.S.-supported opposition Then the CIA captured its first big de- within the Counterterrorist Center at Lang- forces who were fighting the Taliban. tainee in March 28, 2002. Pakistani forces ley. ‘‘I remember asking: What are we going to took Abu Zubaida, al Qaeda’s operations The CIA program’s original scope was to do with these people?’’ said a senior CIA offi- chief, into custody and the CIA whisked him hide and interrogate the two dozen or so al cer. ‘‘I kept saying, where’s the help? We’ve to the new black site in Thailand, which in- Qaeda leaders believed to be directly respon- got to bring in some help. We can’t be cluded underground interrogation cells, said sible for the Sept. 11 attacks, or who posed jailers—our job is to find Osama.’’ several former and current intelligence offi- an imminent threat, or had knowledge of the Then came grisly reports, in the winter of cials. Six months later, Sept. 11 planner larger al Qaeda network. But as the volume 2001, that prisoners kept by allied Afghan Ramzi Binalshibh was also captured in Paki- of leads pouring into the CTC from abroad generals in cargo containers had died of as- stan and flown to Thailand. increased, and the capacity of its para- phyxiation. The CIA asked Congress for, and But after published reports revealed the military group to seize suspects grew, the was quickly granted, tens of millions of dol- existence of the site in June 2003, Thai offi- CIA began apprehending more people whose lars to establish a larger, long-term system cials insisted the CIA shut it down, and the intelligence value and links to terrorism in Afghanistan, parts of which would be used two terrorists were moved elsewhere, accord- were less certain, according to four current for CIA prisoners. The largest CIA prison in Afghanistan was ing to former government officials involved and former officials. code-named the Salt Pit. It was also the in the matter. Work between the two coun- The original standard for consigning sus- CIA’s substation and was first housed in an tries on counterterrorism has been luke- pects to the invisible universe was lowered old brick factory outside Kabul. In November warm ever since. or ignored, they said. ‘‘They’ve got many, 2002, an inexperienced CIA case officer alleg- In late 2002 or early 2003, the CIA brokered many more who don’t reach any threshold,’’ edly ordered guards to strip naked an unco- deals with other countries to establish one intelligence official said. operative young detainee, chain him to the black-site prisons. One of these sites—which Several former and current intelligence of- concrete floor and leave him there overnight sources said they believed to be the CIA’s ficials, as well as several other U.S. govern- without blankets. He froze to death, accord- biggest facility now—became particularly ment officials with knowledge of the pro- ing to four U.S. government officials. The important when the agency realized it would gram, express frustration that the White CIA officer has not been charged in the have a growing number of prisoners and a House and the leaders of the intelligence death. shrinking number of prisons. community have not made it a priority to The Salt Pit was protected by surveillance Thailand was closed, and sometime in 2004 decide whether the secret interment program cameras and tough Afghan guards, but the the CIA decided it had to give up its small should continue in its current form, or be re- road leading to it was not safe to travel and site at Guantanamo Bay. The CIA had placed by some other approach. the jail was eventually moved inside Bagram planned to convert that into a state-of-the- Meanwhile, the debate over the wisdom of Air Base. It has since been relocated off the art facility, operated independently of the the program continues among CIA officers, base. military. The CIA pulled out when U.S. some of whom also argue that the secrecy By mid-2002, the CIA had worked out secret courts began to exercise greater control over surrounding the program is not sustainable. black-site deals with two countries, includ- the military detainees, and agency officials ‘‘It’s just a horrible burden,’’ said the in- ing Thailand and one Eastern European na- feared judges would soon extend the same telligence officials. tion, current and former officials said. An es- type of supervision over their detainees. ACCOUNTABILITY OF SENIOR-LEVEL OFFICERS

Name Investigative findings Accountability

Overall ...... Schlesinger Panel: ‘‘[T]he abuses were not just the failure of some individuals to follow No action taken. known standards, and they are more than the failure of a few leaders to enforce proper discipline. There is both institutional and personal responsibility at higher lev- els.’’ Lt. General Ricardo Sanchez, Commander, CJTF–7 ...... Jones Report: Findings included: Army Inspector General finds allegations of dereliction of duty improperly communicating CJTF–7 policies memos ‘‘led indirectly to some of the non-violent and non-sexual interrogation policies to be unsubstantiated. Rejects 15 findings from the reports of abuse.’’ Generals Kern and Jones and the Schlesinger Panel. Sanchez ‘‘failed to ensure proper staff oversight of detention operations.’’ Schlesinger Panel Report: LTG Sanchez established ‘‘confused command relationship’’ at Abu Gharib. Maj. Gen. Walter Wojdakowski, Deputy Commander, Jones Report: MG Wojdakowski ‘‘failed to ensure proper staff oversight of detention and Army Inspector General finds allegation of dereliction of duty to be unsubstantiated. Re- CJTF–7. interrogation operations.’’ jects 10 findings in reports of Generals Kern and Jones and of the Schlesinger Panel. Schlesinger Panel Report: MG Wojdakowski ‘‘failed to initiate action to request additional military police for detention operations after it became clear that there were insuffi- cient assets in Iraq.’’ Maj. Gen. Barbara Fast, C/J–2, Director for Intel- Schlesinger Panel Report: MG Fast ‘‘failed to advise the commander properly on direc- Army IG finds allegation of dereliction of duty to be unsubstantiated, rejecting findings ligence, CJTF–7. tives and policies needed for the operation of the [Joint Interrogation and Detention in reports of Generals Kern and Jones and of the Schlesinger Panel. Center], for interrogation techniques and for appropriately monitoring the activities of Other Government Agencies (OGAs)’’ in Iraq. Maj. Gen. Geoffrey Miller, Commander, JTF–GTMO ...... Schmidt-Furlow Report: Found that: ‘‘the creative, aggressive, and persistent interroga- General Craddock, Commander, U.S. Southern Command disapproves the recommenda- tion of [Detainee 063] resulted in the cumulative effect being degrading and abusive tion MG Miller be held accountable, saying the interrogation ‘‘did not result in any treatment.’’ violation of any U.S. law or policy, and the degree of supervision provided by MG Mil- MG Miller ‘‘failed to monitor the interrogation and exercise commander discretion by ler does not warrant admonishment under the circumstances.’’ General Craddock for- placing limits on the application of otherwise authorized techniques and approaches wards report to Army IG for review and action as appropriate. used in that interrogation.’’ Recommendation: MG Miller ‘‘should be held accountable for failing to supervise the in- terrogation of ISN 063 and should be admonished for that failure.’’

Mr. LEVIN. Mr. President, I yield the I do hope when he made a reference capacities? Maybe the Intelligence floor. I believe the Senator from Iowa to sweeping things under the rug—I do Committee, which basically has pri- is ready, in case the Senator from Vir- not think our committee ever tried to mary jurisdiction over intelligence ginia is ready to have his amendment sweep anything under the rug. issues, like you point out the intel- offered. Mr. LEVIN. I thank my good friend ligence aspects of this? The Foreign from Virginia. What our committee has Relations Committee has held hearings The PRESIDING OFFICER. The Sen- done is held some hearings. They are on this issue. Indeed, the Defense Ap- ator from Virginia. important hearings. They are valuable propriations Subcommittee has held Mr. WARNER. Mr. President, first I hearings. They have not covered five some hearings. So I judge that the want to clarify one thing. The distin- critical areas. Those areas have to be ‘‘we’’ you refer to is the broad respon- guished Senator from Michigan, as the brought to the surface. As to those sibilities of the several committees in ranking member of our committee, areas, I am not saying the chairman or the Congress? participated in all of the hearings of our committee has swept them under Mr. LEVIN. I thank my good friend the Armed Services Committee. There the rug. We have allowed those issues for that clarification. The ‘‘we’’ applies were many hearings on the issue of the to be unaddressed. to the Congress. We, the Congress, have detainees, Abu Ghraib. Then we went Mr. WARNER. Mr. President, I say to oversight responsibility. We have not through the series of analyses by the the Senator, when you use the term carried it out. There are at least five Army inspector general. And on and on ‘‘we,’’ let’s be more specific. You mean major areas where we have failed to we went. the Congress in its various oversight carry it out. We have to address those

VerDate Aug 31 2005 01:19 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.042 S07NOPT1 S12436 CONGRESSIONAL RECORD — SENATE November 7, 2005 areas. We have been unable to do so. I The PRESIDING OFFICER. The Sen- (i) initiate and conduct, with such fre- see no evidence that we will. Therefore, ator from Michigan. quency as the Ombudsman considers appro- the only way we can do this is with an Mr. LEVIN. Mr. President, I ask priate, reviews of the integrity, fairness, and outside, independent, 9/11-type panel. unanimous consent that there be 5 balance of the programming of the American Forces Network; But I was not in any way suggesting minutes provided to Senator SALAZAR (ii) initiate and conduct, upon the request that any one committee has been the prior to the vote at 5:30. of Congress or members of the audience of source of this failure. It is all of the The PRESIDING OFFICER. Is there the American Forces Network, reviews of the Congress together, which, obviously, is objection? programming of the Network; in the control of the Republican major- Without objection, it is so ordered. (iii) identify, pursuant to reviews under ity. That is a fact. But, nonetheless, we The Senator from Iowa. clause (i) or (ii) or otherwise, circumstances as a Congress have not carried out the AMENDMENT NO. 2438 in which the American Forces Network has oversight responsibility which our Mr. HARKIN. Mr. President, I ask not adhered to the standards and practices of troops deserve. unanimous consent that the pending the Network in its programming, including I hope I have assured my friend. amendment be laid aside, and I call up circumstances in which the programming of Mr. WARNER. Thank you, Mr. Presi- an amendment I have pending at the the Network lacked integrity, fairness, or balance; and dent. I just wanted to make certain. desk. The PRESIDING OFFICER. Without (iv) make recommendations to the Amer- Mr. LEVIN. I did not mean in any ican Forces Network on means of correcting way to impugn— objection, it is so ordered. The clerk the lack of adherence identified pursuant to Mr. WARNER. In our committee, you will report. clause (iii). have sat side by side through almost The legislative clerk read as follows: (C) LIMITATION.—In carrying out the duties every minute of the many hours of The Senator from Iowa [Mr. HARKIN], for of the Ombudsman under this paragraph, the hearings we have had on this subject. himself and Mr. DORGAN, proposes an amend- Ombudsman may not engage in any pre- While there may be areas which our ment numbered 2438. broadcast censorship or pre-broadcast review committee may yet probe on this mat- Mr. HARKIN. Mr. President, I ask of the programming of the American Forces ter—as a matter of fact, I do not think unanimous consent that reading of the Network. the whole series of hearings we have amendment be dispensed with. (4) RESOURCES.—The Secretary of Defense The PRESIDING OFFICER. Without shall provide the Office of the Ombudsman of had has come to a conclusion. We still the American Forces Network such per- have the issue of the overall account- objection, it is so ordered. The amendment is as follows: sonnel and other resources as the Secretary ability. So there may be some point in and the Ombudsman jointly determine ap- (Purpose: Relating to the American Forces time—but I have always felt we should propriate to permit the Ombudsman to carry Network) allow more of the court-martial and out the duties of the Ombudsman under At the end of subtitle A of title IX, add the various Uniform Code of Military Jus- paragraph (3). following: (5) INDEPENDENCE.—The Secretary shall tice prosecutions, which are underway, SEC. 903. AMERICAN FORCES NETWORK. to be completed. I will be discussing take appropriate actions to ensure the com- (a) MISSION.—The American Forces Net- plete independence of the Ombudsman and that further with the Senator. But I work (AFN) shall provide members of the the Office of the Ombudsman of the Amer- just did not want it indicated that our Armed Forces, civilian employees of the De- ican Forces Network within the Department committee had brushed anything under partment of Defense, and their families sta- of Defense. tioned outside the continental United States the table. (6) ANNUAL REPORTS.— and at sea with the same type and quality of Mr. LEVIN. I thank my friend again. (A) IN GENERAL.—The Ombudsman shall American radio and television news, infor- submit to the Secretary of Defense and the I would say of all the committees I mation, sports, and entertainment as is congressional defense committees each year know of, our committee, the Armed available in the continental United States. a report on the activities of the Office of the Services Committee, have carried out (b) POLITICAL PROGRAMMING.— Ombudsman of the American Forces Net- their responsibilities better than other (1) FAIRNESS AND BALANCE.—All political programming of the American Forces Net- work during the preceding year. committees. I wish to give credit where (B) AVAILABILITY TO PUBLIC.—The Ombuds- credit is due—to our chairman. I do not work shall be characterized by its fairness and balance. man shall make available to the public each know of any more honorable, decent, report submitted under subparagraph (A) (2) FREE FLOW OF PROGRAMMING.—The hard-working, fair person in this body American Forces Network shall provide in through the Internet website of the Office of or any body in which I have ever its programming a free flow of political pro- the Ombudsman of the American Forces Net- served. gramming from United States commercial work and by such other means as the Om- We have still, overall, as a Congress, and public radio and television stations. budsman considers appropriate. failed in five major areas to look at the (c) OMBUDSMAN OF THE AMERICAN FORCES Mr. HARKIN. Mr. President, I ask way in which detainees have been han- NETWORK.— the Chair to notify this Senator when I dled. That failure is going to come (1) ESTABLISHMENT.—There is hereby estab- lished the Office of the Ombudsman of the have spoken for 15 minutes. back to haunt our troops, and it is American Forces Network. This amendment, offered by me, Sen- haunting our Nation right now. But I (2) HEAD OF OFFICE.— ator DORGAN, and a number of others, surely did not mean in any way to sin- (A) OMBUDSMAN.—The head of the Office of addresses the problem of the extreme gle out our committee as being the the Ombudsman of the American Forces Net- imbalance of political programming on source of that failure. But we are part work shall be the Ombudsman of the Amer- American Forces Radio. As my col- ican Forces Network (in this subsection re- of a larger failure in terms of the whole leagues know, for American service- Congress failing to carry out its over- ferred to as the ‘‘Ombudsman’’), who shall be appointed by the Secretary of Defense. members and their families stationed sight responsibility. in more than 177 countries and terri- Now, Mr. President, I wonder if my (B) QUALIFICATIONS.—Any individual nomi- nated for appointment to the position of Om- tories around the world, as well as for friend would accept a unanimous con- budsman shall have recognized expertise in Department of Defense civilians and sent request that the time we have just the field of mass communications, print their families, American Forces Radio taken on this subject be in morning media, or broadcast media. is intended to broadcast a ‘‘touch of business rather than deducted from the ART TIME STATUS (C) P - .—The position of home’’ programming that reflects a time on this amendment, given the in- Ombudsman shall be a part-time position. cross section of what is widely avail- terest in it. (D) TERM.—The term of office of the Om- able to stateside audiences. Making The PRESIDING OFFICER. Is there budsman shall be five years. U.S. entertainment and news program- objection? (E) REMOVAL.—The Ombudsman may be re- Without objection, it is so ordered. moved from office by the Secretary only for ming available to American service- Who yields time? malfeasance. members wherever they are located is Mr. WARNER. Mr. President, I see (3) DUTIES.— important for their morale and to keep (A) IN GENERAL.—The Ombudsman shall en- our distinguished colleague from Iowa them informed. But in order to accom- sure that the American Forces Network ad- plish this, American Forces Radio has taken the floor on a matter relat- heres to the standards and practices of the ing to the bill. Network in its programming. needs to provide a wide variety of pro- I yield the floor. (B) PARTICULAR DUTIES.—In carrying out gramming and views. Unfortunately, in Mr. LEVIN. Will the Senator yield the duties of the Ombudsman under this recent years, it has failed to do so, in for a unanimous consent request? paragraph, the Ombudsman shall— violation of its own guidelines.

VerDate Aug 31 2005 02:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.032 S07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — SENATE S12437 The amendment Senator DORGAN and political programming that is fair and What I object to is that Rush I are offering is designed to address balanced. What I read before was just a Limbaugh is on all week, and our this imbalance. The Department of De- DOD directive. It has no force or effect troops get to hear him, but they don’t fense directive 5120.20R states that: of law. It says it should be balanced, get to hear any viewpoints from the American Forces Radio and Television should provide equal opportunities. We other side of the political spectrum. Services Broadcast Center shall pro- need to make this law. That is what Let’s talk about one specific case in vide a free flow of political program- our amendment does. It codifies the di- point, the scandal at Abu Ghraib. We ming from U.S. commercial and public rective. all know what happened there. I don’t networks. It shall maintain the same Secondly, it establishes an inde- need to remind anybody of the pic- equal opportunities balance offered by pendent office of the ombudsman to ad- tures, the torture, the shame and dis- these sources. Outlets should make ex- dress imbalances, to report annually on grace it brought upon our country. We tensive use of such programming. whether American Forces Radio is sat- know what happened just a couple That is what is in their directive. It isfying its mandate to provide fair and weeks ago with the McCain amend- also requires ‘‘reasonable opportunities balanced political programming. ment: 90 to 9, we voted to insist that for the presentation of conflicting What this amendment does not do is our Armed Forces and others follow views on important controversial pub- prescribe specific content or program- the Army Field Manual on Interroga- lic issues.’’ ming. That is not the role of the Sen- tions; that we will not condone torture, That is what we would expect. We ate. But I believe we do have an obliga- we will not condone the type of thing would expect that our Armed Forces tion as Senators to all of our constitu- that we saw at Abu Ghraib. Ninety to ents to make the network’s talk radio personnel would have reasonable oppor- nine on the Senate floor. tunities to hear the presentation of programming representative of the di- Here is what Rush Limbaugh had to conflicting views on public issues. Yet versity of opinion in America. say about Abu Ghraib: He called it— While I generally do not agree with in spite of these clear guidelines, the these are his words, not mine—‘‘a fra- Rush Limbaugh’s commentaries—I am programming offered by American ternity prank.’’ He likened it to a fra- sure that comes as no surprise to any- Forces Radio is anything but balanced. ternity prank. He dubbed the humilia- one—I do not object to the fact that Instead, American Forces Radio carries tion of inmates ‘‘a brilliant maneuver, they are run on the American Forces the shows of noted conservatives such no different than what happens at the Network. I have never called for Amer- as Rush Limbaugh, Dr. Laura Schles- skull and bones initiation at Yale.’’ ican Forces Radio to pull the com- inger, and James Dobson, to the near mentaries of Rush Limbaugh or any This is Rush Limbaugh talking about total exclusion of any progressive talk other conservatives from its talk radio Abu Ghraib. He described the images of radio hosts. service. torture as ‘‘pictures of homoerotism On American Forces Radio’s talk On last year’s defense authorization that looked like standard, good-old radio service, 85 percent of the short bill, we offered an amendment that American pornography.’’ That is Rush commentary or talk radio program- simply asked that DOD develop appro- Limbaugh talking to our troops 100 ming with political content is conserv- priate methods of oversight to ensure percent of the time. He said of the pic- ative—Mark Merrill, James Dobson, the network provided fair and balanced tures at Abu Ghraib—this is a quote Dr. Laura, and Rush Limbaugh. Only 15 political programming. This year, from Rush Limbaugh—‘‘if you take percent is progressive—Jim Hightower since they haven’t done it, we want to these pictures and bring them back and and Dave Ross. Here is what it comes codify it. But last year when I pointed have them taken in an American city down to in hours: More than 10 hours a out the imbalance in programming—100 and put on an American Web site, they week of conservative talk radio com- percent conservative talk radio, Rush might win a video award from the por- pared to less than 2 hours of progres- Limbaugh and Dr. Laura Schlesinger, nography industry.’’ sive talk radio and commentary. James Dobson; zero for progressives— I ask, does this represent the views Mind you, when I said ‘‘offered,’’ this Rush Limbaugh went ballistic on his and attitudes of the average American is what is offered. The 33 American radio show: Senator HARKIN is now try- citizen? It may represent a few, but I Forces Radio outlets around the world ing to take me off the air. He said I think the vote in the Senate more ac- are offered 85 percent, more than 10 wanted to deny the troops the oppor- curately reflects the views of the hours of conservative talk radio, and 15 tunity to hear him. He went on and on. American citizens. Ninety Senators, percent, less than 2 hours, of progres- I had other reporters and press people Republicans and Democrats, conserv- sive talk radio. Now it gets worse. ask me about it. atives, liberals, and everybody in be- Again, what I mentioned is what is just I said: Typical of Rush Limbaugh. He tween, basically said on the McCain offered to the American Forces sta- doesn’t understand what is happening. amendment, no, we don’t want to have tions. The programming that is actu- He wouldn’t know the truth if it hit what happened at Abu Ghraib ever hap- ally used by local stations is even more him in the face. I said: All I’m asking pen again. We don’t want to be engaged unbalanced. Of the 33 local stations for is balance on taxpayer-funded in torturing prisoners or detainees. around the globe, 177 countries and ter- radio. What Rush Limbaugh wants is Now, it is in the newspapers that ritories that our Armed Forces per- monopoly. To him, to have someone even Vice President CHENEY is fighting sonnel listen to, 100 percent of what oppose him and get equal time might the McCain amendment. Maybe Vice they actually get the chance to listen be the same as, in his mind, taking him President CHENEY and Rush Limbaugh to is conservative talk radio, 100 per- off the air. That is probably the way he feel that way, but I don’t think too cent; zero percent of progressive talk thinks. many other Americans do. That is why radio. Less than 2 hours of progressive But I have never called for taking we had a 90-to-9 vote here. Yet what do talk radio is what is offered. What they him off the air. I just think there our Armed Forces personnel and DoD actually get is nothing on the progres- ought to be some opposing views, rep- civilians hear when they tune in the sive side. But they get 100 percent of resentative of the diversity of opinion radio from their assignments around Rush Limbaugh, 2,460 minutes a week; in America. I take issue with the fact the world? They hear Rush Limbaugh Dr. Laura, 1,245 minutes a week; and that there is no commentary broadcast telling them it is a prank, a brilliant James Dobson, 60 minutes a week. on this network that would even begin maneuver, good-old American pornog- That is balanced? That is fair? That to balance the extreme views that raphy. That is what they are hearing. is not balanced. That is monopoly. This Rush Limbaugh routinely expresses on So what are our troops to think? Are is propagandizing our troops. his program. And where there is no al- they to think, that is Rush Limbaugh This is wrong. The amendment Sen- ternative viewpoint, where there is no and that is what we hear so, therefore, ator DORGAN and I are offering, along balance, what you are left with is one- that must represent what the Amer- with Senators OBAMA, DODD, MIKULSKI, sided propaganda. And that is not what ican people back home feel about this? LAUTENBERG, KENNEDY, and DAYTON ad- we want on American Forces Radio. Maybe it wasn’t so bad after all. dresses this imbalance in two simple The men and women of our Armed That is why we need some opposing ways. First, it will codify the American Forces deserve and expect balance, not views on American Forces Radio. Our Forces Network’s obligation to provide thinly disguised propaganda. troops need to hear the other side of

VerDate Aug 31 2005 01:19 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.033 S07NOPT1 S12438 CONGRESSIONAL RECORD — SENATE November 7, 2005 the story to get a balance. I have never As I said, that was part of the man- of 15 minutes for other Senators to said take Rush Limbaugh off. But the date so our troops would have the abil- speak, and I thank the Senator from network does need someone to give the ity to get a wide variety of program- Virginia for his kindness. other side of the story. ming to keep them informed, a cross- I yield the floor. Again, that is what this amendment section of what is widely available to The PRESIDING OFFICER. The Sen- does. It codifies it. Again, 16 months stateside audiences. That is what they ator from Virginia. ago, the Senate adopted a sense-of-the- should have. Mr. WARNER. Mr. President, we are Senate amendment I offered calling on I suppose after my talk today old going to take this amendment and the Secretary of Defense to ensure that Limbaugh will come on the radio again study it. Senator INHOFE, who is quite the policies of fairness and balance of blasting me, saying HARKIN wants to interested in this subject, is unable to American Forces Radio were being take him off the air, wants Congress to be here at this time, but tomorrow we fully implemented and to develop ap- tell the radio networks what to carry. will have further opportunity to debate propriate methods of oversight to en- I can hear him now talking about it. it. sure they were followed. That was last He got it wrong last year; there is no I am advised that the Department year. reason why he would probably get it does not try to manage these program- Sixteen months later, the Depart- right this year—correct, I should say; ming agendas in such a way as to ex- ment of Defense has made no progress he gets everything right but never gets clude, I am told, any particular polit- in balancing out the more than 62 it correct. Leave Limbaugh on there, ical bent or bias. Rather they go out hours a week of conservative program- but give someone else equal time. I and use nationally known and presum- ming broadcast on the 33 American would like to see Ed Schultz have as ably credible organizations that estab- Forces Radio stations, compared to much time as Rush Limbaugh. Why lish ratings and select programs which zero of progressive, 16 months later, not? Ed Schultz is entertaining. He has have very high ratings. In other words, after this Senate adopted a sense-of- a viewpoint. It is more progressive, ob- people want to listen to them. the-Senate resolution saying it ought viously, than Rush Limbaugh’s, but That is the procedure, as I under- to be fair and balanced. there is no doubt he is doing well. In stand it, that is being followed by the On October 19, just a few weeks ago, fact, I found that in almost every mar- Department. I think Mr. Di Rita, who I and 12 of my colleagues sent a letter ket where Ed Schultz went up against was trusted with this recently, made a to Secretary Rumsfeld expressing our Rush Limbaugh, more people listened statement to the effect that is the concern, once again, with the utter to Ed Schultz than listened to Rush process. I will read from at this junc- failure to address the lack of political Limbaugh. ture a letter to Senator LEVIN from balance. Oh, now maybe the scales are falling Lawrence Di Rita, Principal Deputy Sixteen months later, no progress. As from my eyes. Maybe now I see why Assistant Secretary of Defense for Pub- Rush Limbaugh doesn’t want Ed I said, we wrote this letter to the Sec- lic Affairs. It says: retary of Defense on October 19. On Schultz on Armed Forces Radio. Our servicemen might tune him out and de- Thank you for your October 19th letter to Thursday of last week, we received a Secretary Rumsfeld concerning the radio letter from the Deputy Assistant Sec- cide they would like to listen to Ed programming distributed by the Armed retary for Public Affairs, Mr. Lawrence Schultz more than they would listen to Forces Radio and Television Services on its Di Rita. It says: him. American Armed Forces Network. Our amendment is needed because it The [Armed Forces Radio] attempts to The network plans to offer the show of one codifies that fairness and balance on make available to forces stationed overseas progressive talk radio host Ed Schultz. taxpayer-funded radio is an obligation, a breadth of programming that reflects the The letter makes absolutely no rep- and sets up an ombudsman to help en- quality and diversity that would be available resentations as to how soon or when it sure that goal. That is not unique. We to servicemembers and their families if they plans to offer Mr. Schultz’s show on have ombudsmen in other things. We were in the United States. the network. AFRTS provides 105,000 hours of program- have ombudsmen for both of the other ming choices per year to programmers at 33 ‘‘Offer,’’ it said ‘‘offer.’’ They didn’t two major federally funded broad- say they would ensure the broadcast. stations around the world. casting agencies. The Corporation for I understand we have 33 stations geo- They said they are going to offer it. Public Broadcasting and the Broad- graphically around the world so that As I pointed out earlier, they offer 15 casting Board of Governors—that is the the beam can reach even the most re- percent per week of progressive talk Voice of America—have statutory lan- mote of men and women in the Armed radio, less than 2 hours, and guess guage providing for diversity and bal- Forces. I am paraphrasing my own what. None of the AFR stations carry ance in their programming and both thoughts at this time. They are the that paltry amount. Not one of their the Corporation for Public Broad- ones, the 33 stations, that make pretty stations out of 33 around the world, casting and National Public Radio have much the decision as to their region even bothers to broadcast any portion an ombudsman in place. of those two hours. I fully intend, when the Secretary of and the consumer interest among the Let me note that in response to a let- Defense comes up for his appropria- uniform people in certain programs. So ter Senator DORGAN and I sent to the tions hearing next year—I happen to be they provide 105,000 hours of program- Department earlier this year, Deputy on the Appropriations Committee. I ming at 33 stations around the world. Assistant Secretary Allison Barber re- happen to sit on the Defense Appro- Programmers at individual stations choose plied that DoD ‘‘recognizes that the do- priations Subcommittee, and I intend from the . . . mix of content they wish to air mestic political talk market has grown to ask him these questions. Why do on their multiple broadcast channels. more diverse and that the time has they think this is fair? Do they think So there is a mix of Armed Forces come to consider expanding the AFN this represents balance, a fair represen- Radio and Television Services pro- choices.’’ tation of the diversity of American gramming, and then each of the 33 has I respectfully disagree with Deputy thought? Or do they feel it ought to be a certain degree of autonomy. They go Assistant Secretary Barber. It is not more balanced, and if so, let’s get on into that list and pick those programs that the time has come to consider ex- the stick. they think their listeners will enjoy panding the choices. We are long past I am saying to the Secretary of De- and utilize. the time for that. The time has come fense, time for consideration is past. I am advised that the Armed Forces Radio for the DoD to act on expanding and Move, move now. There is a lot of pro- and Television Service managers are updat- broadening the political discourse on gressive talk radio in America that ing the programming mix and have decided American Forces Radio. There is no gives an opposite view of Rush to include additional programs, including reason our servicemembers should re- Limbaugh or Dr. Laura or James Dob- the Ed Schultz Show, that apparently meet ceive 10 hours—more than 10 hours—of the criteria for that [Armed Forces Radio son. Get them on there. Let’s even the and Television Service] managers apply to rightwing conservative talk radio and pie. That is all we are asking for—fair- such decisions. absolutely zero hours, zero minutes, ness. As is the practice, these programs will be zero seconds of progressive talk radio. Mr. President, I reserve the remain- made available to local [Armed Forces Radio They need competing views. der of my time under my regular time and Television Service] programmers. Local

VerDate Aug 31 2005 01:19 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.034 S07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — SENATE S12439 programmers decide which programs are from having an opportunity to hear ment. It simply says we have to put broadcast. These programmers typically are opinions that differ. So in the course of some stronger teeth behind a regula- military or civil servants who have the best the evening, I and others will look into tion because we are talking about po- insights into the interests and preferences of this. We thank our friend from Iowa. litical programming. We have to be their local audiences. [Armed Forces Radio and Television Serv- Mr. HARKIN. I thank the Senator. certain that political programming is ice] managers will continue to monitor the The PRESIDING OFFICER. Who fair and balanced. That is what the reg- programming mix and do their best to pro- yields time? ulation states it is supposed to be al- vide a broad, high quality range of choices Mr. LEVIN. Would the Senator from ready and just simply codifying it for local station managers. Iowa yield 1 minute to me? means Congress believes that is essen- I think the Senator’s points are well Mr. HARKIN. I yielded the floor. tial, as well as in addition to that it es- taken, but it appears that this system The PRESIDING OFFICER. Who tablishes an ombudsman to make sure is working well at the moment. But I yields time? the Armed Forces network adheres to judge the Senator has views to the con- Mr. HARKIN. How much time do I its own programming standards and trary. The Senator from Iowa can re- have remaining? practices. I think that is a fair request, spond on my time. The PRESIDING OFFICER. The Sen- and I support the amendment. Mr. HARKIN. Mr. President, I say to ator from Iowa has 13 minutes 6 sec- I yield the floor. my friend from Virginia, he is a very onds remaining. The PRESIDING OFFICER. Who thoughtful individual. I know he is fair Mr. HARKIN. I thought I had 14 min- yields time? Mr. HARKIN. I will just take a cou- and always has been fair. To air com- utes 30 seconds. ple more minutes and then I will yield mentary of the nature I discussed ear- Mr. President, I ask unanimous con- sent to speak as in morning business. the floor. lier—that which Mr. Limbaugh made The PRESIDING OFFICER. The Sen- about Abu Ghraib—with absolutely no There is no one else on the floor, so I do not want to use up my time. I ask ator from Iowa. counterbalance or rebuttal, sends en- Mr. HARKIN. As long as there is no unanimous consent for up to 10 min- tirely the wrong message to our troops. one else in the Chamber—if anyone utes in morning business so I may yield Last year when we had the sense-of- comes here, I would yield the floor to some time to whoever wants it. the-Senate resolution—this was posted whoever would want it. The PRESIDING OFFICER. Is there on CNN.com; they carried an article on Let me go through again what this it—Deputy Assistant Secretary of De- objection? amendment does for Senators who may The Senator from Virginia. fense Allison Barber said: be watching from their offices. The om- Mr. WARNER. Mr. President, I do not It’s not about conservative or liberal, it is budsman would be appointed by the object, but we do have a 5-minute re- about the full selection of radio program- Secretary of Defense for a term of 5 ming based on popularity—— quest from the other side of the aisle, years. They could not engage in any Here in the States. That is ratings. I say to my distinguished colleague. We prebroadcast censorship. The ombuds- have the proponents of the amendment man would conduct regular reviews of Still, Howard Stern has millions of fans, of the Senator from Colorado and oth- and his show is not sent to the troops. the integrity, balance, and fairness of ers. I ask unanimous consent that the Barber explains: American forces radio programming. It proponents of the amendment and would respond to programming issues His issue is one of content that is not ap- those in opposition have at least 5 min- propriate. raised by AFR’s audience regarding the utes each in addition to that. So that network’s programming and refer com- They say it is popularity, but then is 15. That would leave time for further plaints to American forces radio man- they decide whether it is appropriate. debate by others on this amendment. agement for response. The ombudsman Are we to believe that the Abu So I would say at the hour of 5:15 that would make suggestions to American Ghraib comments by Mr. Limbaugh are 5 minutes be allocated to Senator forces radio management regarding excusable because of the high ratings SALAZAR; is that correct? ways to correct imbalances, and the his show receives? I partially agree Mr. LEVIN. That is correct. ombudsman would prepare and present with the Deputy Assistant Secretary’s Mr. WARNER. To be followed by Sen- an annual report to the Secretary of statement. It appears that content is ator ALLARD, to be followed by those of Defense and Congress on whether sometimes a factor in deciding which us who oppose the Allard amendment. American Forces Radio is satisfying its commentaries to run on American The PRESIDING OFFICER. Is there mandate to provide fair and balanced Forces Radio. At the same time, I also objection to the request made by Sen- political programming. agree with the directive DoD already ator WARNER? So that is what the ombudsman basi- has in place. There should be fairness Without objection, it is so ordered. cally would do under our amendment, and balance in political programming Is there objection to the unanimous not censor or anything like that. Basi- on American Forces Radio. To use consent request by Senator HARKIN cally, he would take complaints, pass commercial market share ratings as an that he be allowed to speak as in morn- it on to management, issue a report to excuse not to offer fair and balanced ing business until 5:15? us every year on whether the program- programming will no longer suffice. Without objection, it is so ordered. ming is fair and balanced, and any When there are 33 stations around the The Senator from Iowa. other comments and criticisms that globe, and they do not even carry 1 Mr. HARKIN. I thank the Senator may come into the ombudsman’s of- minute of an alternative to Rush from Virginia. If anyone shows up to fice. So that is basically the amend- Limbaugh, that has to say something. talk on something else, I will obviously ment. That it is not just ratings. Something yield the floor. But I would yield to the I have had my say on it. I think it is else is going on there. distinguished minority ranking mem- pretty clear. I thank the Senator from One would think that at least they ber of the committee whatever time he Michigan for his support. I hope all would carry the 15 percent that is of- desires. Senators could support this amend- fered. They do not even carry that, if The PRESIDING OFFICER. The Sen- ment. As the Senator from Michigan the Senator knows what I mean. The 33 ator from Michigan. said, it just codifies what is basically a stations around the world were offered Mr. LEVIN. Mr. President, I thank directive right now. It just makes it 15 percent progressive talk radio a my friend from Iowa. I support his more clear to DOD, from the Secretary week. They are offered it, but they do amendment. It simply would codify of Defense on down, that we mean it not carry any of it. So something is provisions in a directive. It puts some when we say it has to be fair and bal- going on out there. I do not know what force behind what is already supposed anced. We do not mean to take anyone it is, but something is. to be in regulation, which is that there off the air or shut anyone up, but we do Mr. WARNER. I certainly do not be fair and balanced political program- mean to have it fair and balanced to want the Senator to feel that we are ming for the Armed Forces network represent the diversity of views of trying to control these stations in such radio broadcast. That is what the Har- America. a manner as to preclude members of kin amendment does. It does not do the Not all Americans agree with Rush the Armed Forces and their families allocation. It does not make a judg- Limbaugh. Not all Americans agree

VerDate Aug 31 2005 01:19 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.040 S07NOPT1 S12440 CONGRESSIONAL RECORD — SENATE November 7, 2005 with Ed Schultz or Jim Hightower or Kaiser Hill and its private employees? our children or grandchildren with fi- me or anyone else, but we do have di- The amendment directs the U.S. Sec- nancial obligations that, in retrospect, versity. That is what is so wonderful retary of Energy to instruct Kaiser Hill we cannot afford. about our country. That is what we are to grant retirement and health benefits If we were a private company, I ask proud of as Americans, that we are able to employees that those employees my colleagues, would we say we could to speak our minds and have our opin- would have earned if the cleanup had tell our stockholders that we paid more ions heard and we do not have any cen- taken longer than it actually did. So than we were supposed to pay for a sorship. Since we do not have it here, that is why, of course, the Department cleanup? I think we are concerned we should not have it on the American of Energy opposes it. about this mainly because we feel as Forces Radio network, either. They have looked at this very care- governmental representatives, some- I believe having served myself for a fully. They have indicated they would times we ought to go further and do long time in the military, as I know be open to some sort of discussion more. I know my colleague Senator AL- the Senator from Virginia has, too, our about what might be done. I have also LARD strongly believes we ought to do troops are well educated. They are indicated that to those who support more and be generous. smarter today than they ever were this amendment but have not heard I do join him in commending the even when I was in the military. They back from them. workers at Rocky Flats for what has know how to listen to one side or the So I believe the amendment as draft- been achieved. The cleanup is done and other, and they should have that op- ed is overreaching, and the Department workers have moved on to other jobs portunity. That is all we are asking of Energy objects to it. It is just not and other employers. I cannot support, for. good policy for our Government. The however, taking this unprecedented I yield the floor and I suggest the ab- cleanup did not take as long as some step—at least unprecedented to my sence of a quorum. people projected, but everyone knew knowledge—that is embodied in this The PRESIDING OFFICER. The the cleanup was going to be accelerated amendment. It is contrary to good, clerk will call the roll. and would end. It was not a limitless sound fiscal policy, good governmental The assistant legislative clerk pro- timeframe. Rocky Flats is not there policy. It is noble to want a job to be ceeded to call the roll. anymore. It has been cleaned up. There recognized and people to be paid fairly Mr. WARNER. Mr. President, I ask is empty space. The workers have all for it. But military bases close around unanimous consent that the order for been disbursed and gone to other jobs. the country all the time. Awards for the quorum call be rescinded. I would just note that many Govern- contracts for aircraft and ships get ter- The PRESIDING OFFICER. Without ment contracts complete early or they minated. Sometimes they complete objection, it is so ordered. do not run as long as anticipated. So them sooner than expected. People do Mr. WARNER. At this time, the Sen- we cannot start down the road of alter- not expect to be paid forever. Agree- ator from Alabama will speak to the ing the benefits of contract workers ments were reached, as I said, to make Allard amendment, which is the sub- when something happens good for the sure people would be generously com- ject of a vote in 20 minutes. I give him Government because the matter pro- pensated as a result of this early clos- 5 minutes, plus 2 or 3 other minutes. I ceeded along and was able to be com- ing. thought he was right behind me. pleted sooner than expected, although I urge my colleagues, as difficult as they may find it, to vote ‘‘no’’ on this The Allard amendment is rather a it was accelerated and everybody knew amendment. I think it would be the technical one. It requires our col- it was going to complete and complete leagues to be informed on this amend- right thing for the country. sooner than many had projected. Mr. WARNER. Will the Chair advise ment. I am opposed to it, but I was One of the things that every em- the managers with regard to the re- asked to provide to the Senator from ployee has, and this is important to Alabama the time needed to speak to maining time? note, every employee has been given a The PRESIDING OFFICER. The Sen- this amendment. 1-year acceleration of the time and ator from Colorado, Senator ALLARD, The PRESIDING OFFICER. The Sen- grade they get credit for, the time in ator from Alabama. controls 5 minutes. The Senator from service. The collective bargaining that Colorado, Senator SALAZAR, has been AMENDMENT NO. 2423 went on as this contract moved for- granted 5 minutes under a unanimous Mr. SESSIONS. Mr. President, I ward, and everybody knew the contract consent agreement. thank Chairman WARNER. I chair the would be completed early, they had a Mr. WARNER. Basically there is 2 Subcommittee on Strategic Forces of collective bargaining process, and they minutes left? the Armed Services Committee. This met with the steelworkers and others The PRESIDING OFFICER. There is matter is under our subcommittee’s and they agreed that they would take a 2 minutes remaining in opposition to oversight area. I have great respect for $4,200 basic payment because they were the amendment. Senator ALLARD, who is proposing the completing the work sooner, as an in- Mr. WARNER. My colleague from amendment. He chaired the same sub- centive or a thank-you for good work Alabama has basically stated the case. committee. He is very much loyal to done. That was done, and they received But I must say this is a unique amend- his workers in Colorado. He is very that. ment among those I have encountered. much determined they get everything So, again, this amendment would You could induce laborers to have a that he can get them, and I think alter the freely entered-into agreement slowdown at work so as not to finish it maybe a little more than they would be between these workers and Kaiser Hill and so attenuate this right or some entitled to under a fair reading of the concerning the early completion. other benefit, while at the same time statute and the contract that is in- Now, most of the Kaiser Hill employ- they were taking inducements for expe- volved. ees were covered under the collective diting the work. Therefore, with the greatest respect bargaining agreements which antici- I commend my good friend from Col- to Senator ALLARD and others who pated there would be staggered layoffs orado. I know he fights hard for his may be supporting this amendment, I as the completion of the cleanup constituents. But were we to see this would oppose it. It reaches into a rela- neared. Union workers negotiated sub- type of precedent distributed to other tionship between the contractor em- stantial benefits such as lump-sum in- situations in Government contracting ployees who are performing the clean- centive payments in addition to pro- across America, we would be opening up at Rocky Flats and their employer, viding for early and regular retirement up a very interesting line of arguments who is a company called Kaiser Hill. benefits and an extra year in service. by a number of contractors and em- Kaiser Hill won the contract with the The Senate has recently conducted ployees. So regrettably I have to op- Department of Energy to perform its debate on budget reconciliation. pose the amendment of my good friend cleanup work, and this deals with their There has been a lot of debate and con- from Colorado. relationship with their employees, not sideration about the fiscal situation in I yield the floor. Government employees but employees which this country finds itself. There The PRESIDING OFFICER. The Sen- for Kaiser Hill. How would it amend was a debate about hard choices that ator from Colorado is recognized for 5 those terms of that agreement between we face as a Nation so we do not burden minutes.

VerDate Aug 31 2005 01:19 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.042 S07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — SENATE S12441 Mr. ALLARD. Mr. President, I will I urge my colleagues to join me in Mr. ALLARD. Mr. President, may I talk about my amendment for a mo- this particular amendment. I think it be recognized for an additional cospon- ment or two, but before I do, I have is very important. Let me take a cou- sor, and that is Senator GRAHAM. some cosponsors I would like to add to ple of examples. Workers such as Doug The PRESIDING OFFICER. Without the amendment: Senators SALAZAR, Woodard and Leo Chavez now find objection, it is so ordered. DEMINT, ALEXANDER, and CANTWELL. themselves with either severely re- Under the previous order, the junior The PRESIDING OFFICER. Without duced benefits or no benefits at all. Senator from Colorado is recognized objection, it is so ordered. Doug started work at Rocky Flats all for 5 minutes. Mr. ALLARD. Mr. President, I will the way back in 1982 and then was re- Mr. SALAZAR. Mr. President, in a take a little time to lay out the his- sponsible for monitoring radiation con- few minutes my colleagues here in the tory of the cleanup of Rocky Flats tamination at the site. He missed Senate will be voting on an amendment after it was decided to close the facil- qualifying for the medical benefits by sponsored by Senator WAYNE ALLARD ity. It was a nuclear production facil- less than 2 months. and myself, amendment No. 2423. I am ity that produced plutonium triggers For Leo Chavez, who worked at here to speak for a few minutes to urge which were used for nuclear weaponry. Rocky Flats for 17 years, DOE’s treat- my colleagues to support the amend- When I first got involved in this issue, ment was even worse. The Department ment. the plan called for 60 years to clean up of Energy thanked him for his service This is an important amendment Rocky Flats, costing somewhere and showed him to the door 6 working that recognizes the great work the em- around $35 billion. ployees at Rocky Flats have been doing In 1999, we were able to reach an days before he qualified for lifetime medical benefits. Let me repeat that. on behalf of our Nation for a long time. agreement with the Department of En- When Rocky Flats was first proposed ergy and the contractor that for $7 bil- That was 6 days before he qualified for medical benefits. Yet his workers, then to be cleaned up, as the place where lion, we could have it cleaned up in 6 plutonium triggers were being manu- years. So here we are in 2005 and we other workers at the plant, walked away with those benefits. It seems to factured for the United States of Amer- have cleaned up the facility 14 months ica and for national security, it was ahead of what anybody ever imagined. me it is a matter of fairness. The Department of Energy has made contemplated that we were under- When we first came up, everybody taking a project that would take many was snickering and saying that would the point they do not want to set any precedent. In this particular amend- years. Some had suggested it would not happen. But we did a key thing; we take as long as 60 years to clean up put incentives in the contract which ment, we have narrowed it down to the time length and when they qualify. We Rocky Flats at a cost of $35 billion. Yet encouraged various members of the when all was said and done, because of workforce, including the contractors, have narrowed it down to these work- ers at Rocky Flats. the great work of both Democratic and to get the job done on time. In this Republican administrations, and these case they got it done ahead of time and I believe this is an important amend- dedicated workers, we were able to ac- ended up saving lots of money. ment if you want to see rapid cleanup complish the task in just over 5 years This means we are cleaned up 14 occur at these nuclear sites because as opposed to 60 years and at a cost of months ahead of time. That means the workers have to buy into the pro- probably close to $500 to $600 million in $7 billion as opposed to $35 billion. gram. If they do not buy into the pro- It was anticipated at the time when savings because we are not going to gram, then you are not going to have the contracts were executed that the have to pay for it next year. As a result early cleanup. cleanup in no way, shape, or form of this early cleanup we are going to I understand my colleague from Colo- would ever be accomplished any earlier have about 70 workers out at Rocky rado, Senator SALAZAR, might be down than December 15 of 2006. Yet because Flats who are going to get cut short on to the floor. I want to take this oppor- their health insurance benefits and cut of the great work that has been done, tunity, before my time runs out, to the work has now been finished. It is short on their life insurance. It is very thank him for his work and effort. I difficult to try to get insurance after unfair, from my point of view, to penal- thank Senator CANTWELL and other ize the employees who performed this you have been working around a nu- Members of the Senate who have clear facility for 15, 16, 17, or 18 years. great work on behalf of our national agreed to cosponsor this amendment security in this cleanup by simply not Insurance companies don’t like to in- because they have situations in their sure them, and if you do get insurance, providing them with the benefits that States similar to ours in Colorado. had been anticipated with a December at least it is very expensive. It seems We all look forward to getting early to me it is a matter of fairness to take 15, 2006 termination date for this con- cleanup, and hopefully the cleanup at tract. care of these 70 workers. Rocky Flats will set an example for the The reason it is important to other What this amendment will do is pro- rest of the country. The faster we have cleanup sites around the country, and vide up to $15 million for the life and cleanup, the less money the American this is where I think the Department of health insurance benefits for these em- taxpayers will have to pay. That is the Energy is shortsighted—if you put in ployees. These men and women were bottom line. We are required to get incentive contracts to get cleanup at exposed to radioactive elements and this cleanup done. If we can do it and these other sites around the country, other toxic compounds that we are still getting them done on time or even save taxpayer dollars, we need to do trying to identify, and in amounts that early, as we did in Colorado, if you that. In this case, from the original even today we can only guess at. We do treat the workers fairly, I think the plan it saves billions upon billions of not know what they were exposed to, workforce at those cleanup sites will be dollars. Then we modified the plan, and how much, or when they were exposed willing to step in and participate in the it is well over $500 million we are going to these radioactive materials. We early cleanup efforts. to save. We need to encourage this to know for sure many have suffered seri- The purpose of my amendment is to happen throughout the country. I am ous illnesses and many have died as a take care of the 70 or so workers who proud of the workers at Rocky Flats. It result of these exposures. got shortchanged because of early clo- wouldn’t have happened without their Under the current employment con- sure at Rocky Flats. But more impor- dedication and effort. We need to make tract, these workers would become eli- tantly, I want to see cleanup of these sure every worker at Rocky Flats will gible for full retirement benefits, in- nuclear facilities all over the country. walk away from this cleanup being cluding health benefits and life insur- There are a number of States that are proud and feeling they were treated ance benefits, if the work had been going to be impacted. A lot of us want fairly. completed on December 15 of 2006. But to see these sites cleaned up for various I urge my colleagues, again, to join because the work was completed before reasons, not the least of which is to us in righting a wrong that I think has that time, these employees will not be make sure we have environmental been perpetrated by the Department of eligible for these benefits unless we cleanup so we have a better environ- Energy. correct an inequity with the amend- ment in which to live here in the The PRESIDING OFFICER. The time ment that has been proposed. The ex- United States. of the Senator has expired. traordinary efforts of these employees

VerDate Aug 31 2005 01:19 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.036 S07NOPT1 S12442 CONGRESSIONAL RECORD — SENATE November 7, 2005 at Rocky Flats who worked long hours NAYS—53 joined by my colleague from Michigan under very difficult conditions must be Akaka Ensign Reed in urging Senators to complete the re- recognized by providing them with Allen Enzi Reid mainder of the debate time, an hour these benefits. Bennett Frist Roberts being given to each amendment. There Brownback Grassley Rockefeller We believe these workers are entitled Bunning Gregg Santorum are several amendments which have to receive these benefits because the Burr Hagel Schumer been debated in part. We will provide cleanup of Rocky Flats, which was ex- Byrd Hutchison Sessions for the RECORD tonight the list of those Carper Inhofe Shelby pected to be completed by December 15, Chafee Isakson amendments and the time remaining. Smith Chambliss Kyl Quite frankly, I am of the opinion we 2006, has now been completed. We be- Snowe Clinton Levin lieve it is important that we recognize Stevens will have been able to have had the full Coburn Lincoln hour of debate on all of the 12 amend- the employees at Rocky Flats who, at Cochran Lott Sununu significant sacrifice to themselves and Coleman Lugar Thomas ments each side has had by the close of their families, created an opportunity Collins Martinez Thune business tomorrow. Vitter for this Nation to learn how we can Cornyn McConnell Now, ‘‘close of business’’ leaves a lit- Dodd Nelson (FL) Voinovich tle bit to definition. We will certainly clean up our Department of Energy fa- Dole Nelson (NE) Warner cilities. receive some recommendations from NOT VOTING—9 our joint leadership, but I would hope In sum, what I would say to my col- Bayh Dorgan Kennedy we could complete this bill tomorrow leagues here in the Senate is that what Biden Hatch McCain night. we have done at Rocky Flats, through Corzine Inouye Stabenow The PRESIDING OFFICER. The Sen- the cleanup effort there, is to dem- The amendment (No. 2423) was re- ator from Michigan. onstrate to the Nation how we can jected. Mr. LEVIN. Well, Mr. President, if move forward in an expedited fashion Mr. WARNER. I move to reconsider the chairman will yield, that may be and clean up contaminated sites such the vote. optimistic, but I think we are making as the one we had at Rocky Flats. I am Mr. STEVENS. I move to lay that progress. I will work overnight—I know grateful for the work of my colleague motion on the table. the chairman will—to try to line up from Colorado, Senator ALLARD, who The motion to lay on the table was speakers to complete the pending has been leading our joint efforts on agreed to. amendments so we can at least have, this amendment. At the end of the day, The PRESIDING OFFICER. The Sen- hopefully, one vote before the caucuses we hope all of our colleagues will rec- ator from Virginia. tomorrow, regardless of what hour we ognize that these employees have done Mr. WARNER. Mr. President, my un- start. I am going to try to line up some a very valuable job for our national se- derstanding is that the majority leader speakers to complete at least one of curity. and minority leader have determined these amendments before the caucuses. I urge my colleagues to vote in sup- that we will not have further votes to- The PRESIDING OFFICER. The Sen- port of this amendment. night, but I advise colleagues we have ator from Virginia. I yield the floor. a number of amendments which are al- Mr. WARNER. Mr. President, I might suggest the Harkin amendment, which Mr. WARNER. Mr. President, I ask most completed and ready for a vote was debated very thoroughly today. for the yeas and nays. tomorrow. We anticipate—and I will, The Senator from Oklahoma, Mr. The PRESIDING OFFICER. Is there a hopefully, be joined by my ranking member here—we can, during the INHOFE, desires to speak to that amend- sufficient second? ment and might possibly have an There is a sufficient second. course of business tomorrow, hear out the remainder of the amendments. I amendment in the second degree. So The question is on agreeing to the would hope so. that one, in all likelihood, could be amendment. The clerk will call the The PRESIDING OFFICER. The Sen- concluded. The Chambliss amendment roll. ator from Michigan. is another amendment that I think will The legislative clerk called the roll. Mr. LEVIN. Mr. President, I wonder not require a great deal of further de- Mr. MCCONNELL. The following Sen- if we could get a list of pending amend- bate. It is a very strong amendment. It ators were necessarily absent: the Sen- ments made, unless the chairman has appears to me at this point to be one ator from Utah (Mr. HATCH) and the already done that, as to what amend- which I will recommend colleagues Senator from Arizona (Mr. MCCAIN). ments are already pending and how support. The PRESIDING OFFICER. The Sen- Mr. DURBIN. I announce that the much time is left on those amend- Senator from Indiana (Mr. BAYH), the ator from Michigan. ments. Mr. LEVIN. Mr. President, I under- Senator from Delaware (Mr. BIDEN), Mr. WARNER. Mr. President, my un- the Senator from New Jersey (Mr. stand there may be a second-degree derstanding is that the clerk will re- amendment to the Chambliss amend- CORZINE), the Senator from North Da- quire a period of time within which to ment. kota (Mr. DORGAN), the Senator from compile this list. Mr. WARNER. Coming from your Hawaii (Mr. INOUYE), the Senator from f side? Massachusetts (Mr. KENNEDY), and the MORNING BUSINESS Mr. LEVIN. That is my under- Senator from Michigan (Ms. STABENOW) standing. There may be such an amend- are necessarily absent. Mr. WARNER. Given that, Mr. Presi- ment, a second-degree amendment. But The PRESIDING OFFICER (Mr. dent, I suggest that this bill now be I would agree with you in identifying CORNYN). Are there any other Senators laid aside, and I ask unanimous con- the Harkin amendment as a good pros- in the Chamber desiring to vote? sent that the Senate proceed to a pe- pect for completion tomorrow morning. The result was announced—yeas 38, riod of morning business, with Sen- We do have a speaker on our side—at nays 53, as follows: ators permitted to speak for up to 10 least one—and I am going to try to line [Rollcall Vote No. 304 Leg.] minutes each. that speaker up for the morning. The PRESIDING OFFICER. Without YEAS—38 Mr. WARNER. Well, then, let’s work objection, it is so ordered. together with a priority to try to have Alexander DeWine Leahy Allard Domenici Lieberman f that done. Mr. President, at this time, my un- Baucus Durbin Mikulski ORDER OF BUSINESS Bingaman Feingold Murkowski derstanding is the parliamentary situa- Bond Feinstein Murray Mr. WARNER. Mr. President, infor- tion is the bill is no longer before the Boxer Graham Obama Burns Harkin mally, I have been advised that tomor- Senate, to be brought up again tomor- Pryor row morning, in all likelihood, there Cantwell Jeffords Salazar row morning, and that at this point we Conrad Johnson Sarbanes will be a period for morning business, are in morning business; is that cor- Craig Kerry Specter and that this bill will be brought up Crapo Kohl rect? Talent Dayton Landrieu somewhere in the area of around 11 The PRESIDING OFFICER. That is DeMint Lautenberg Wyden o’clock in the morning. So again, I am correct.

VerDate Aug 31 2005 01:19 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.037 S07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — SENATE S12443 Mr. WARNER. Mr. President, seeing people will hopefully get the message need to differentiate between debt no one seeking recognition, I suggest that using steroids to improve athletic owed by individuals and debt owed by the absence of a quorum. performance is absolutely the wrong States. I believe this conference should The PRESIDING OFFICER. The way to go. consider this point as well. clerk will call the roll. While this bill specifically addresses f The assistant legislative clerk pro- professional athletics, the importance LIVE 8 CHARITY CONCERT IN ceeded to call the roll. of stopping steroid abuse extends well PHILADELPHIA Mr. SESSIONS. Mr. President, I ask beyond the track, baseball diamond, or unanimous consent that the order for football field. We must continue to Mr. SPECTER. Mr. President, I the quorum call be rescinded. focus on the health and future of our would like to acknowledge the tremen- The PRESIDING OFFICER. Without children. I encourage my colleagues to dous work accomplished by Larry objection, it is so ordered. join in support of this legislation to set Magid and his staff at Electric Factory f the standard for fair competition. Concerts, who produced the original LIVE AID concert in Philadelphia’s f INTEGRITY IN PROFESSIONAL JFK Stadium in 1985, which raised SPORTS ACT LOCAL LAW ENFORCEMENT awareness of poverty around the world. Mr. GRASSLEY. Mr. President, I am ENHANCEMENT ACT OF 2005 On July 2, 2005, Larry Magid and his pleased to join my colleagues Senator Mr. SMITH. Mr. President, I speak staff, including Adam Spivak, John BUNNING, Senator MCCAIN, Senator about the need for hate crimes legisla- Stevenson and Jim Sutcliffe, were in- STEVENS and Senator ROCKEFELLER, as tion. Each Congress, Senator KENNEDY strumental in producing the U.S. por- a cosponsor of the Integrity in Profes- and I introduce hate crimes legislation tion of LIVE 8 which was held in Phila- sional Sports Act. While it is unfortu- that would add new categories to cur- delphia on the Benjamin Franklin nate that it has come to this, it is be- rent hate crimes law, sending a signal Parkway. coming abundantly clear that Major that violence of any kind is unaccept- This concert, which was attended by League Baseball and other professional able in our society. Likewise, each over 1 million people, was part of eight leagues are still more concerned about Congress I have come to the floor to other concerts on the same night in protecting their own collective bar- highlight a separate hate crime that nine different countries including the gaining rights than cleaning up their has occurred in our country. U.K., Japan, Russia, South Africa, Can- sport. On July 1999, in Palm Springs, CA, ada, Germany, France, and Italy. I have said it before and I will say it Steven Cagle and a companion were at- I again would like to commend Elec- again. The abuse of illegal steroids by tacked by Randy Reyes and Juan Rios tric Factory Concerts for their success professional athletes is inexcusable and in a Carrow’s Restaurant. It is believed in helping to raise awareness of the has no place in competition at any that the beating was motivated by the global poverty epidemic, and they are level. Unfortunately, this has become a victims’ sexual orientation. Cagle stat- to be commended for their efforts in problem that we can no longer afford ed that it was inhumane and, ‘‘ For no this worthwhile undertaking. to ignore. The most recent studies indi- other reason than I am a gay man.’’ f cate that possibly up to five to seven Prosecutors are calling this a hate ADDITIONAL STATEMENTS percent of students, even as young as crime and are asking for the maximum middle school, have admitted to using sentence. steroids. This is an alarming statistic. I believe that the Government’s first RECOGNIZING EBONY MAGAZINE If Major League Baseball won’t step up duty is to defend its citizens, to defend ∑ Mrs. BOXER. Mr. President, I am to the plate on this issue, we will do it them against the harms that come out very pleased to take a few moments to for them. of hate. The Local Law Enforcement recognize Ebony magazine as this ven- Every day, millions of young people Enhancement Act is a symbol that can erable publication celebrates its 60th in this country dream of one day play- become substance. I believe that by anniversary. ing ball in the big leagues. When super- passing this legislation and changing In 1945, at a time when segregation star athletes, with their multi-million current law, we can change hearts and was the law of the land, an outlet for dollar contracts and lucrative endorse- minds as well. the positive portrayal of Black life in ments are seen using steroids to im- f American popular culture was long prove their performance, it should overdue. With the birth of Ebony, Pub- MEDICARE BAD DEBT POLICY come as no surprise that many young lisher John H. Johnson forced the athletes would choose to use steroids Mrs. LINCOLN. Mr. President, I rise world to consider real African Ameri- to improve their own performance. today with my distinguished colleague cans, including their diverse success Professional athletes must be held to from Idaho, Senator CRAPO, to discuss stories. These same stories, which a higher standard when it comes to il- the change in Medicare bad debt policy filled each month’s edition of Ebony, legal substances such as steroids. Like as proposed in the budget reconcili- gave African Americans a deeper sense it or not, young people look up to pro- ation bill. I feel there is a need to dif- of pride in their heritage and their fessional athletes as role models. The ferentiate between debt owed by indi- growing prosperity. Integrity in Professional Sports Act viduals and debt owed by States. The Ebony also provided millions with a will require all professional sports sponsors of this policy argue that it rich, firsthand account of key moments leagues to adopt a unified standard for will encourage skilled nursing facili- in the struggle for civil rights. Whether testing as well as tougher penalties for ties to be more efficient in the collec- it was a sit-in at a lunch counter in the any athlete found in violation of these tion of bad debt. However, how can the South or the historic March on Wash- standards. Unlike testing today, this facility be more efficient if the State ington, the intrepid journalists and act will require athletes to test during simply refuses to pay the Medicare co- photographers of Ebony were present the off-season and frequently during payments through its Medicaid pro- to bear witness and to report the news their season of play. Athletes will face gram? This body should examine the through a prism different from the severe penalties for a positive test: a root of this problem before imple- mainstream press. In fact, it was an two-year ban for the first offense and a menting the bad debt policy in this Ebony photographer who captured the lifetime ban for the second. bill. It is my hope that the conference now iconic photo of a grieving Coretta I have little doubt that this act will committee considers this when exam- Scott King, with one of her children, at aid in the effort to rid professional ining this policy. the funeral of Rev. Dr. Martin Luther sports of these dangerous substances Mr. CRAPO. Senator LINCOLN makes King, Jr. Not only did this photograph and bring integrity back to the game. a good point. While I support the Fi- capture the emotions of a nation, but We must send a strong message to pro- nance Committee’s goal of encouraging it resulted in the first Pulitzer Prize fessional athletes. If you choose to accountability and incentivizing the awarded to an African-American man. cheat and use illegal steroids, you risk collection of Medicare bad debt by Since Ebony was founded 60 years ending your career. In turn, our young skilled nursing facilities, I do see the ago, its circulation has grown from

VerDate Aug 31 2005 01:19 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.038 S07NOPT1 S12444 CONGRESSIONAL RECORD — SENATE November 7, 2005 25,000 per issue to 1.7 million per issue, he had more than 20 one-man shows. A changes in their communities. They and its readership has increased from distinctive exhibition for Gorman was represent a new generation of promise 125,000 per issue to more than 12.5 mil- the ‘‘Masterworks from the Museum of with the potential to make a real dif- lion per issue. Although it has had the the American Indian’’ held at New ference across Indiana and the Nation. largest circulation of any publication York’s Metropolitan Museum of Art. During the summit, which was targeted to African-Americans for the This exhibit was particularly unique, cohosted by Indiana University Purdue duration of its existence, Ebony is because R.C. Gorman was the only liv- University Indianapolis, the students much more than a magazine. As just ing artist represented. heard from Hoosier leaders who have one example, its annual fashion ex- When I pay tribute to individuals, it chosen to dedicate their lives to serv- travaganza, Fashion Fair, has raised is important for me to make sure I am ing others. The speakers highlighted more than $58 million in its 48-year his- appropriately expressing who they the five pillars of successful service: in- tory for various charities, has provided were and the contributions they made spiration, organization, dedication, an outlet for hundreds of talented during their time with us. I don’t be- evaluation, and reflection. Following clothing designers, and created work lieve I can state it better than R.C. the speeches, the students and I pre- opportunities for African-American Gorman himself in his book, The Radi- pared more than 1,000 care packages models, as well as spawned a line of ance of My People. He wrote, ‘‘If I am with the assistance of the Salvation cosmetics for women of color. remembered at all, I’d be very sur- Army that will be sent to Hoosier I invite my colleagues to join me, prised and amused. I don’t really think troops serving in Iraq and Afghanistan. and the millions of Americans who about it or worry about it. But I sup- The students then divided into groups and participated in service activities at have been touched, inspired, and influ- pose I would like to be remembered different sites throughout Indianapolis. that I was an earnest worker. That I enced by Ebony Magazine in cele- I would like to thank each one of the brating the 60th anniversary of this cared. That I know anyone can get following individuals for participating ∑ great publication. what they want if they work hard in the summit and for their service to f enough. After all, I’m just a little boy their communities: Bradley Albachten, from the reservation who used to herd Amy Altemeyer, Joanna Barnett, Jes- RECOGNITION OF THE KENTUCKY sheep at Black Mountain.’’ COMMUNITY AND TECHNICAL sica Barnett, Chelsea Rae Baugher, I extend my thoughts and prayers to Jessica Beckner, Kirsten Bedell, Marc COLLEGE SYSTEM his family and friends at this time. It ∑ Bergman, Erin Bess, Kortney Bogue, Mr. BUNNING. Mr. President, I pay is my hope, that they remember the Kaitlin Bohlander, Kelly Bolt, Patrick tribute to the Kentucky Community great impact he made during his time Borders, Nicholas Brancolini, Emily and Technical College System of with us from his work that inspired us Brunton, Neil Burk, Jessica Burton, Versailles, KY for their hurricane dis- to his friendship that endeared us. I ex- Rohini Chatterjee, Danielle Clark, aster relief efforts. KCTCS has opened press to them my deepest sympathy. Desmon Clark, Timothy Cleaver, Na- their doors to the displaced student It is a great loss to the State of New than A. Click, Sean Cody, Lindsay victims of Hurricane Katrina through Mexico and the Nation. I know myself Conner, John Copeland, James Corn, Operation Rebuilding Lives. and many people will miss his spirited Michelle Cotlar, Aaron Desonia, Rachel The KCTCS statewide system of 16 personality and he will always have a M. Dragoo, Nicholas Eastrada, Andrew colleges on 65 campuses has adopted place in our heart.∑ Fleenes, Ryan Gambill, Chrisopher emergency policies offering displaced f Gibson, Brooke Gilbert, Jaime students greater accessibility to finan- Gingerich, Annie Girdler, Char cial aid, scholarship opportunities, and INDIANA SERVICE LEADERS SUMMIT Glassley, Joseph David Goepfrich, online course sessions. In addition, all Andy Goldblatt, Mark Halstead, KCTCS colleges have sponsored hurri- ∑ Mr. BAYH. Mr. President, I rise Christin Hammond, Stacey Havlin, cane relief fundraising events ranging today to tell you about the extraor- Madison Head, Ryan Heap, Katelyn from blood drives to relief supply dona- dinary young Hoosiers I met last Heighway, Chavonne Henderson, Erin tion drives. month in Indianapolis. On October 22, Hendricks, Denise Hickman, Jennifer I ask my fellow colleagues to join me National Make A Difference Day, I Hildenbrand, Heather Howard, Dustin in thanking the Kentucky Community hosted my third annual Indiana Serv- Hull, Joel Hungate, Kelsey Jagoda, and Technical College System for their ice Leaders Summit to honor high Bart Jarvis, Casey Jedrzejczak, James efforts. Their commitment to pro- school students from across the State Jessen, Raymond Jones, Whitney viding relief assistance to the displaced for their service and hopefully to in- Jones, Kristopher Kast, Daniel Kent, students of Hurricane Katrina is admi- spire them to continue serving their Caitlin Keusch, Emily Keusch, Sarah rable and I commend the KCTCS for communities throughout their lives. Knoth, Marsha Krisenko, Mirissa the Operation Rebuilding Lives initia- In their schools and their commu- Krukowski, Blaine Kubit, Lacy Lane, tive.∑ nities, the young men and women I met Laura Linnemeier, Ranita Madison, f truly have answered the call to service. Diane Matacale, T.J. McCan, Amber Some of them helped build homes, McCan, Katie McDaniel, Kala McKin- TRIBUTE TO ARTIST R.C. GORMAN some tutored and mentored younger ney, Saralyn McKinnon-Crowley, Cath- ∑ Mr. DOMENICI. Mr. President, I pay students, and others raised money to erine McManus, Julie Mennel, Emma tribute to not only a fine individual, support cancer research or fed the hun- Meyer, John Miller, Bryan Miller, but an amazing artist, R.C. Gorman, gry. Several of the young men and Michelle Miller, Brittanty Moser, who passed away on November 3 at the women started service clubs on their Alicia Moser, Ashleigh Neal, Joseph age of 74. R.C. Gorman was an artist own to address the problems in their O’Brien, Brittany Oliver, Ajay Patwari, appreciated not only by New Mexicans, schools and communities. Each one of Lisa Pluckebaum, Sarah Pine, Caleb but he was also well respected nation- the students I met spent hours making Pope, Lauren Proffitt, Katie Rice, Ron- wide and internationally. a difference and together they have im- ald Richter Jr., Audra Roach, Brad Rudolph Carl Gorman was born in pacted the lives of countless Hoosiers. I Robertson, Ashley Robinson, Victoria 1931 in Chinle, AZ. As the son of Navajo was honored to have the opportunity to Roby, Elisabeth Rudolph, Drew Code Talker Carl Gorman, he grew up meet and speak with them. It was im- Schuster, Ben Scott, Gabrielle Seo, on the Navajo reservation surrounded pressive and inspiring to learn about Kelsey Septoski, Nicholas Shepherd, by the unique culture of the Navajo the many causes they support. Marisha Sherrard, Naina Singh, people. Gorman is best known for his Robert F. Kennedy once said, ‘‘Some Corrina Smith, Amy Leigh Stark, paintings, sculptures, and lithographs men see things as they are and say Kristen Steele, Faye Stokes, Pamee of American Indian women wrapped in ‘Why?’ I dream of things that never Thao, Tara Thornburg, Rebecca blankets. were and say, ‘Why not?’’’ Each one of Throwbridge, Abby Tueher, Keith A. A long time resident of Taos, NM, these young men and women have al- Turner Jr., Martha Vance, Kaylee R.C. Gorman’s work became a fixture ready asked themselves ‘‘Why not?’’ Vannatta, Zac Warren, Benjamin Wa- of Southwestern style of art. In his life, and have worked to make positive terman, Christina Weintraut, Rachel

VerDate Aug 31 2005 02:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.006 S07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — SENATE S12445 Werner, James Macklem Weston, Pres- concurrent resolution, in which it re- MEASURES REFERRED ton Wheelock, Renee White, Lauren quests the concurrence of the Senate: The following bills were read the first Wilkins, Britne Wimmer, Tyler Witt, H. Con. Res. 281. Concurrent resolution and the second times by unanimous Josh Worch, Jerica Yingling, Taryn congratulating the Chicago White Sox on consent, and referred as indicated: Paige Zubel. winning the 2005 World Series. H.R. 1691. An act to designate the Depart- I would also like to take a moment The message also announced that the ment of Veterans Affairs outpatient clinic in to express my gratitude to the Indiana House disagree to the amendments of Appleton, Wisconsin, as the ‘‘John H. Brad- University Purdue University Indian- the Senate the bill H.R. 2528 making ley Department of Veterans Affairs Out- apolis students who took part in the appropriations for military quality of patient Clinic’’; to the Committee on Vet- erans’ Affairs. summit as well. They are role models life functions of the Department of De- to younger students and I am proud to H.R. 4061. An act to amend title 38, United fense, military construction, the De- States Code, to improve the management of recognize their achievements. partment of Veterans Affairs, and re- I would like to thank each of the fol- information technology within the Depart- lated agencies for the fiscal year end- ment of Veterans Affairs by providing for the lowing IUPUI students for their par- ing September 30, 2006, and for other Chief Information Officer of that Depart- ticipation: Katy Altman, Natasha purposes, and agree to the conference ment to have authority over resources, budg- Arora, Christopher Baire, Jennifer asked by the Senate on the disagreeing et, and personnel related to the support func- Behzadi, Alisha Borcherding, Michael votes of the two Houses thereon; and tion of information technology, and for other Burk, Byron Clark, Brandy Cline, Ra- purposes; to the Committee on Veterans’ Af- appoints the following members as the fairs. chel Dickinson, Una Dragic, Neal Fore- managers of the conference on the part man, Christine Furey, Andrea Guinn, of the House: Mr. WALSH, Mr. f Will Hartzell-Baird, Tiffany Holcey, ADERHOLT, Mrs. NORTHUP, Mr. SIMPSON, MEASURES READ THE FIRST TIME Mallery Hornsby, Jayna Kadel, Jeffrey Mr. CRENSHAW, Mr. YOUNG of Florida, Mattingly, Andrew Oertel, Irina The following bill was read the first Mr. KIRK, Mr. REHBERT, Mr. CARTER, Perelmuter, Jayme Plude, Emily time: Mr. LEWIS of California, Mr. EDWARDS, Puntenney, Rebecca Salley, Eddie S. 1969. A bill to express the sense of the Mr. FARR, Mr. BOYD, Mr. BISHOP of Shmukler, Anita Sivam, Laura Sutton, Senate regarding Medicaid reconciliation Georgia, Mr. PRICE of North Carolina, Heather Teach, Lygia Vernon.∑ legislation to be reported by a conference Mr. CRAMER, and Mr. OBEY. committee during the 109th Congress. f The message further announced that f MESSAGES FROM THE PRESIDENT the House to the amendments of the Senate to the bill H.R. 2862 making ap- EXECUTIVE AND OTHER Messages from the President of the propriations for Science, the Depart- COMMUNICATIONS United States were communicated to ments of State, Justice, and Com- The following communications were the Senate by Ms. Evans, one of his merce, and related agencies for the fis- laid before the Senate, together with secretaries. cal year ending September 30, 2006, and accompanying papers, reports, and doc- f for other purposes, and agree to the uments, and were referred as indicated: conference asked by the Senate on the EXECUTIVE MESSAGES REFERRED EC–4541. A communication from the Sec- disagreeing votes of the two Houses retary of Transportation transmitting, pur- As in executive session the Presiding thereon; and appoints the following suant to law, a report relative to the review Officer laid before the Senate messages members as the managers of the con- of all complaints received by air carriers al- from the President of the United ference on the part of the House: Mr. leging discrimination on the basis of dis- ability; to the Committee on Commerce, States submitting sundry nominations WOLF, Mr. TAYLOR of North Carolina, which were referred to the appropriate Science and Transportation. Mr. KIRK, Mr. WELDON of Florida, Mr. EC–4542. A communication from the Sec- committees. GOODE, Mr. LAHOOD, Mr. CULBERSON, retary of Transportation transmitting, pur- (The nominations received today are Mr. ALEXANDER, Mr. LEWIS of Cali- suant to law, a report entitled ‘‘The National printed at the end of the Senate pro- fornia, Mr. MOLLOHAN, Mr. SERRANO, Initiative for Increasing Safety Belt Use, ceedings.) Mr. CRAMER, Mr. KENNEDY of Rhode Is- Buckle Up America Campaign’’; to the Com- mittee on Commerce, Science, and Transpor- f land, Mr. FATTAH, and Mr. OBEY. The message also announced that tation. MESSAGES FROM THE HOUSE EC–4543. A communication from the Senior pursuant to section 491 of the Higher Counsel, Office of the Chief Counsel for Im- At 9:35 a.m., a message from the Education Act (20 U.S.C. 1098(c)), the port Administration, Department of Com- House of Representatives, delivered by order of the House of January 4, 2005, merce, transmitting, pursuant to law, the re- Ms. Branden, one of its reading clerks, and upon the recommendation of the port of a rule entitled ‘‘Procedures for Con- announced that the House has passed Majority Leader, the Speaker re- ducting Five-year (‘Sunset’) Reviews of Anti- the following bill, without amendment: appoints the following member on the dumping and Countervailing Duty Orders’’ (RIN0625–AA69) received on October 31, 2005; S. 1285. An act to designate the Federal part of the House of Representatives to to the Committee on Commerce, Science, building located at 333 Mt. Elliott Street in the Advisory Committee on Student and Transportation. Detroit, Michigan, as the ‘‘Rosa Parks Fed- Financial Assistance for a 3-year term: EC–4544. A communication from the Sec- eral Building’’. Ms. Judith Flink of Morton Grove, Illi- retary of Commerce, transmitting, pursuant The message also announced that the nois. to law, the Biennial Report to Congress on House has passed the following bills, in the Administration of the Coastal Zone Man- which it requests the concurrence of f agement Act by the Office of Ocean and the Senate: Coastal Resource Management, National Ocean Service, National Oceanic and Atmos- H.R. 1691. An act to designate the Depart- ENROLLED BILL SIGNED pheric Administration for fiscal years 2002 ment of Veterans Affairs outpatient clinic in and 2003; to the Committee on Commerce, Appleton, Wisconsin, as the ‘‘John H. Brad- At 11:37 a.m., a message from the Science and Transportation. ley Department of Veterans Affairs Out- House of Representatives, delivered by EC–4545. A communication from the Sec- patient Clinic’’. Ms. Niland, one of its reading clerks, retary, Federal Trade Commission, transmit- H.R. 4061. An act to amend title 38, United announced that the Speaker has signed ting, the Annual Report to Congress for FY States Code, to improve the management of the following bill: 2003 and 2004, pursuant to The Do Not Call information technology within the Depart- Implementation Act, on implementation of ment of Veterans Affairs by providing for the H.R. 2744. An act making appropriations the National Do Not Call Registry; to the Chief Information Officer of that Depart- for Agriculture, Rural Development, Food Committee on Commerce, Science, and ment to have authority over resources, budg- and Drug Administration, and Related Agen- Transportation. et, and personnel related to the support func- cies for the fiscal year ending September 30, EC–4546. A communication from the Acting tion of information technology, and for other 2006, and for other purposes. Director, Office of Sustainable Fisheries, Na- purposes. The enrolled bill was signed subse- tional Oceanic and Atmospheric Administra- The message further announced that quently by the President pro tempore tion, transmitting, pursuant to law, the re- the House has agreed to the following (Mr. STEVENS). port of a rule entitled ‘‘Fisheries Off West

VerDate Aug 31 2005 02:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.019 S07NOPT1 S12446 CONGRESSIONAL RECORD — SENATE November 7, 2005 Coast States and in the Western Pacific; Pa- tive Waivers of the Coastwise Trade Laws’’ entitled ‘‘Airworthiness Directives: BAE cific Coast Groundfish Fishery; Annual Spec- (RIN2133–AB50) received on November 1, 2005; Systems Limited Model ATP Airplanes’’ ifications and Management Measures; to the Committee on Commerce, Science, ((RIN2120–AA64)(2005–0496)) received on No- Inseason Adjustments’’ (I.D. No. 093005A) re- and Transportation. vember 1, 2005; to the Committee on Com- ceived on October 31, 2005; to the Committee EC–4555. A communication from the Pro- merce, Science, and Transportation. on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- EC–4564. A communication from the Pro- EC–4547. A communication from the Acting tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Director, Office of Sustainable Fisheries, Na- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- tional Oceanic and Atmospheric Administra- entitled ‘‘Standard Instrument Approach mitting, pursuant to law, the report of a rule tion, transmitting, pursuant to law, the re- Procedures; Miscellaneous Amendments (6); entitled ‘‘Airworthiness Directives: BAE port of a rule entitled ‘‘Apportion Amounts Amdt. No. 3136’’ ((RIN2120–AA65)(2005–0029)) Systems Limited Model ATP Airplanes’’ of the Reserve to Certain Target Species in received on November 1, 2005; to the Com- ((RIN2120–AA64)(2005–0497)) received on No- the Bering Sea and Aleutian Islands Manage- mittee on Commerce, Science, and Transpor- vember 1, 2005; to the Committee on Com- ment Area’’ (I.D. No. 120303A) received on Oc- tation. merce, Science, and Transportation. tober 31, 2005; to the Committee on Com- EC–4556. A communication from the Pro- EC–4565. A communication from the Pro- merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- EC–4548. A communication from the Acting tion, Department of Transportation, trans- tion, Department of Transportation, trans- Director, Office of Sustainable Fisheries, Na- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule tional Marine Fisheries Service, National entitled ‘‘Standard Instrument Approach entitled ‘‘Airworthiness Directives: Boeing Oceanic and Atmospheric Administration, Procedures; Miscellaneous Amendments (74); Model 767–200, –300, and –300F Series Air- transmitting, pursuant to law, the report of Amdt. No. 3137’’ ((RIN2120–AA65)(2005–0030)) planes’’ ((RIN2120–AA64)(2005–0498)) received a rule entitled ‘‘Fisheries of the Exclusive received on November 1, 2005; to the Com- on November 1, 2005; to the Committee on Economic Zone Off Alaska; Pollock in Sta- mittee on Commerce, Science, and Transpor- Commerce, Science, and Transportation. tistical Area 620 of the Gulf of Alaska’’ (I.D. tation. EC–4566. A communication from the Con- No. 091505B) received on October 31, 2005; to EC–4557. A communication from the Pro- gressional Review Coordinator, Animal and the Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- Plant Health Inspection Service, Department Transportation. tion, Department of Transportation, trans- of Agriculture, transmitting, pursuant to EC–4549. A communication from the Acting mitting, pursuant to law, the report of a rule law, the report of a rule entitled ‘‘Emerald Director, Office of Sustainable Fisheries, Na- entitled ‘‘Revision of Jet Routes J–8, J–18, J– Ash Borer; Quarantined Areas’’ (APHIS tional Marine Fisheries Service, National 19, J–58, J–76, J–104, and J–244; and VOR Fed- Docket No. 05–067–1) received on November 1, Oceanic and Atmospheric Administration, eral Airways V–60, V–190, V–263, and V–611; 2005; to the Committee on Agriculture, Nu- transmitting, pursuant to law, the report of Las Vegas, NM’’ ((RIN2120–AA66)(2005–0233)) trition, and Forestry. EC–4567. A communication from the Sec- a rule entitled ‘‘Fisheries of the Exclusive received on November 1, 2005; to the Com- retary of Health and Human Services, trans- Economic Zone Off Alaska; Yellowfin Sole in mittee on Commerce, Science, and Transpor- mitting, the report of a draft bill entitled the Bering Sea and Aleutian Islands Manage- tation. ‘‘Pandemic Flu Countermeasure Liability ment Area’’ (I.D. No. 091605F) received on Oc- EC–4558. A communication from the Pro- Protection Act of 2005’’; to the Committee on tober 31, 2005; to the Committee on Com- gram Analyst, Federal Aviation Administra- Health, Education, Labor, and Pensions. tion, Department of Transportation, trans- merce, Science, and Transportation. EC–4568. A communication from the Ad- EC–4550. A communication from the Acting mitting, pursuant to law, the report of a rule ministrator, Office of Workforce Security, Director, Office of Sustainable Fisheries, Na- entitled ‘‘Modification of Legal Description Department of Labor, transmitting, pursu- tional Marine Fisheries Service, National of Class D and Class E Airspace; Topeka, ant to law, the report of a rule entitled ‘‘Al- Oceanic and Atmospheric Administration, Forbes Field, KS’’ ((RIN2120–AA66)(2005– location of Costs of Assessing and Collecting transmitting, pursuant to law, the report of 0231)) received on November 1, 2005; to the State Taxes that are Collected in Conjunc- a rule entitled ‘‘Pollock in Statistical Area Committee on Commerce, Science, and tion with the State Unemployment Com- 630 of the Gulf of Alaska’’ (I.D. No. 091505A) Transportation. pensation Tax’’ (TEGL 6–05) received on No- received on October 31, 2005; to the Com- EC–4559. A communication from the Pro- vember 2, 2005; to the Committee on Health, mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- Education, Labor, and Pensions. tation. tion, Department of Transportation, trans- EC–4569. A communication from the Assist- EC–4551. A communication from the Acting mitting, pursuant to law, the report of a rule ant Secretary, Policy Management and Director, Office of Sustainable Fisheries, Na- entitled ‘‘Modification of Class E Airspace; Budget, Department of the Interior, trans- tional Marine Fisheries Service, National Dodge City, KS’’ ((RIN2120–AA66)(2005–0232)) mitting, pursuant to law, a report on the re- Oceanic and Atmospheric Administration, received on November 1, 2005; to the Com- sults and conclusions of environmental in- transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- vestigations of areas of Naval Oil Shale Re- a rule entitled ‘‘Fisheries of the Exclusive tation. serve Number 3, and an estimate of the total Economic Zone Off Alaska; Yellowfin Sole in EC–4560. A communication from the Pro- costs necessary to address the site’s environ- the Bering Sea and Aleutian Islands Manage- gram Analyst, Federal Aviation Administra- mental conditions; to the Committee on En- ment Area’’ (I.D. No. 091205A) received on Oc- tion, Department of Transportation, trans- ergy and Natural Resources. tober 31, 2005; to the Committee on Com- mitting, pursuant to law, the report of a rule EC–4570. A communication from the Fed- merce, Science, and Transportation. entitled ‘‘Airworthiness Directives: Fokker eral Register, Certifying Officer, Department EC–4552. A communication from the Legal Model F27 Mark 050 Airplanes’’ ((RIN2120– of the Treasury, transmitting, pursuant to Advisor to the Bureau Chief, Media Bureau, AA64)(2005–0493)) received on November 1, law, the report of a rule entitled ‘‘Federal Federal Communications Commission, trans- 2005; to the Committee on Commerce, Government Participation in the Automated mitting, pursuant to law, the report of a rule Science, and Transportation. Clearing House’’ (RIN1510–AB04) received on entitled ‘‘Amendment of Section 73.202(b), EC–4561. A communication from the Pro- November 1, 2005; to the Committee on Bank- Table of Allotments, FM Broadcast Stations gram Analyst, Federal Aviation Administra- ing, Housing, and Urban Affairs. (Goldendale, Washington; Port Angeles, tion, Department of Transportation, trans- EC–4571. A communication from the Direc- Washington; and Ty Ty, Georgia)’’ (MB mitting, pursuant to law, the report of a rule tor, Office of Legislative Affairs, Federal De- Docket Nos. 05–8, 05–11, 05–12) received on Oc- entitled ‘‘Airworthiness Directives: Rolls- posit Insurance Corporation, transmitting, tober 31, 2005; to the Committee on Com- Royce Corporation Models 250–C28 –C–28B, pursuant to law, the report of a rule entitled merce, Science, and Transportation. and –C28C Turboshaft Engines’’ ((RIN2120– ‘‘Part 333—Extension of Powers’’ (RIN3064– EC–4553. A communication from the Chief, AA64)(2005–0494)) received on November 1, AC94) received on November 2, 2005; to the Policy and Rules Division, Office of Engi- 2005; to the Committee on Commerce, Committee on Banking, Housing, and Urban neering and Technology, Federal Commu- Science, and Transportation. Affairs. nications Commission, transmitting, pursu- EC–4562. A communication from the Pro- EC–4572. A communication from Chief Fi- ant to law, the report of a rule entitled gram Analyst, Federal Aviation Administra- nancial Officer, Office of Special Counsel, ‘‘Amendment of Part 2 of the Commission’s tion, Department of Transportation, trans- transmitting, pursuant to law, the fiscal Rules to Allocate Spectrum Below 3 GHz for mitting, pursuant to law, the report of a rule year 2004 report relative to the Buy Amer- Mobile and Fixed Services to Support the In- entitled ‘‘Airworthiness Directives: Airbus ican Act; to the Committee on Homeland Se- troduction of New Advanced Wireless Serv- Model A300–301, –321, –322, –341, and –342 Air- curity and Governmental Affairs. ices, including Third Generation Wireless planes; and Model A340–200 and A340–300 Se- EC–4573. A communication from the Acting Systems’’ (ET Docket No. 00–258) received on ries Airplanes’’ ((RIN2120–AA64)(2005–0495)) Assistant Secretary for Legislative Affairs, October 31, 2005; to the Committee on Com- received on November 1, 2005; to the Com- Department of State, transmitting, pursuant merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- to the Arms Export Control Act, the certifi- EC–4554. A communication from the Attor- tation. cation of a proposed license for the export of ney-advisor, Maritime Administration, De- EC–4563. A communication from the Pro- major defense equipment and defense arti- partment of Transportation, transmitting, gram Analyst, Federal Aviation Administra- cles in the amount of $100,000,000 or more to pursuant to law, the report of a rule entitled tion, Department of Transportation, trans- Canada (modernization of CF–18 aircraft); to ‘‘Application Fee Increase for Administra- mitting, pursuant to law, the report of a rule the Committee on Foreign Relations.

VerDate Aug 31 2005 01:19 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.021 S07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — SENATE S12447 EC–4574. A communication from the Acting INTRODUCTION OF BILLS AND S. 632 Chief, Publications and Regulations Branch, JOINT RESOLUTIONS At the request of Mr. LUGAR, the Internal Revenue Service, Department of the name of the Senator from Illinois (Mr. Treasury, transmitting, pursuant to law, the The following bills and joint resolu- DURBIN) was added as a cosponsor of S. report of a rule entitled ‘‘Notice on Non- tions were introduced, read the first resident Alien’s Filing Requirement for U.S. and second times by unanimous con- 632, a bill to authorize the extension of Source Wages’’ (Notice 2005–77) received on sent, and referred as indicated: unconditional and permanent non- November 1, 2005; to the Committee on Fi- discriminatory treatment (permanent By Ms. CANTWELL: nance. normal trade relations treatment) to EC–4575. A communication from the Acting S. 1965. A bill to authorize the Secretary of the Interior to convey certain buildings and the products of Ukraine, and for other Chief, Publications and Regulations Branch, purposes. Internal Revenue Service, Department of the lands of the Yakima Project, Washington, to Treasury, transmitting, pursuant to law, the the Yakima-Tieton Irrigation District; to S. 639 report of a rule entitled ‘‘Notice on With- the Committee on Energy and Natural Re- At the request of Ms. MIKULSKI, her holding on Wages of Nonresident Alien Em- sources. name was added as a cosponsor of S. ployees Performing Services within the By Mrs. DOLE: 639, a bill to amend title 10, United United States’’ (Notice 2005–76) received on S. 1966. A bill to establish a pilot program to provide grants to encourage eligible insti- States Code, to reduce the age for re- November 1, 2005; to the Committee on Fi- ceipt of military retired pay for non- nance. tutions of higher education to establish and EC–4576. A communication from the Acting operate pregnant and parenting student serv- regular service from 60 years of age to Chief, Publications and Regulations Branch, ices offices for pregnant students, parenting 55 years of age. Internal Revenue Service, Department of the students, prospective parenting students who S. 843 are anticipating a birth or adoption, and stu- Treasury, transmitting, pursuant to law, the At the request of Mr. SANTORUM, the dents who are placing or have placed a child report of a rule entitled ‘‘REMIC NOLs’’ name of the Senator from Maryland (Rev. Rul. 2005–68) received on November 1, for adoption; to the Committee on Health, 2005; to the Committee on Finance. Education, Labor, and Pensions. (Mr. SARBANES) was added as a cospon- EC–4577. A communication from the Acting By Mr. SPECTER: sor of S. 843, a bill to amend the Public Chief, Publications and Regulations Branch, S. 1967. A bill to amend title 18, United Health Service Act to combat autism Internal Revenue Service, Department of the States Code, with respect to certain activi- through research, screening, interven- Treasury, transmitting, pursuant to law, the ties of the Secret Service, and for other pur- tion and education. report of a rule entitled ‘‘Annual Inflation poses; to the Committee on the Judiciary. S. 1238 Adjustment Revenue Procedure’’ (Rev. Proc. By Mr. SPECTER (for himself, Mr. 2005–70) received on November 1, 2005; to the LEAHY, and Mr. CORNYN): At the request of Mrs. FEINSTEIN, the Committee on Finance. S. 1968. A bill to amend title 18, United name of the Senator from Vermont EC–4578. A communication from the Acting States Code, to protect judges, prosecutors, (Mr. JEFFORDS) was added as a cospon- Chief, Publications and Regulations Branch, witnesses, victims, and their family mem- sor of S. 1238, a bill to amend the Pub- Internal Revenue Service, Department of the bers, and for other purposes; to the Com- lic Lands Corps Act of 1993 to provide Treasury, transmitting, pursuant to law, the mittee on the Judiciary for the conduct of projects that protect report of a rule entitled ‘‘Notice: Excise Tax By Mr. BAUCUS: forests, and for other purposes. Changes Under SAFETEA and the Energy S. 1969. A bill to express the sense of the Act; Dye Injection’’ (Notice 2005–80) received Senate regarding Medicaid reconciliation S. 1430 on November 1, 2005 to the Committee on Fi- legislation to be reported by a conference At the request of Mr. DEWINE, the nance. committee during the 109th Congress; read name of the Senator from New Jersey EC–4579. A communication from the Acting the first time. (Mr. LAUTENBERG) was added as a co- Chief, Publications and Regulations Branch, By Mr. COBURN (for himself, Mr. sponsor of S. 1430, a bill to provide loan Internal Revenue Service, Department of the FRIST, and Mr. ALEXANDER): forgiveness to social workers who work Treasury, transmitting, pursuant to law, the S. 1970. A bill to amend the National Trails for child protective agencies. report of a rule entitled ‘‘Announcement System Act to update the feasibility and Providing a Settlement Initiative Under suitability study originally prepared for the S. 1462 Which Taxpayers and the IRS May Resolve a Trail of Tears National Historic Trail and At the request of Mr. BROWNBACK, the Group of 21 Abusive Tax Transactions’’ (An- provide for the inclusion of new trail seg- name of the Senator from South Da- nouncement 2005–80) received on November 1, ments, land components, and campgrounds kota (Mr. JOHNSON) was added as a co- 2005 to the Committee on Finance. associated with that trail, and for other pur- EC–4580. A communication from the Acting sponsor of S. 1462, a bill to promote poses; to the Committee on Energy and Nat- peace and accountability in Sudan, and Chief, Publications and Regulations Branch, ural Resources. Internal Revenue Service, Department of the By Mr. ALLARD: for other purposes. Treasury, transmitting, pursuant to law, the S. 1971. A bill to designate certain National S. 1512 report of a rule entitled ‘‘Disaster Relief— Forest System lands in the Pike and San Isa- At the request of Mr. SARBANES, the Minimum Funding’’ (Notice 2005–84) received bel National Forests and certain lands in the name of the Senator from Georgia (Mr. on November 1, 2005; to the Committee on Fi- Royal Gorge Resource Area of the Bureau of ISAKSON) was added as a cosponsor of S. nance. Land Management in the State of Colorado EC–4581. A communication from the Acting 1512, a bill to grant a Federal charter as wilderness, and for other purposes; to the to Korean War Veterans Association, Chief, Publications and Regulations Branch, Committee on Energy and Natural Re- Internal Revenue Service, Department of the sources. Incorporated. Treasury, transmitting, pursuant to law, the By Mr. SANTORUM: S. 1531 report of a rule entitled ‘‘South Asia Earth- S. 1972. A bill to require Members of Con- At the request of Mr. ENZI, the name quake Occurring on October 8, 2005, Des- gress and legislative branch employees to re- of the Senator from Georgia (Mr. ignated as a Qualified Disaster Under Sec- port all contact with officials and represent- tion 139 of the Internal Revenue Code’’ (No- ISAKSON) was added as a cosponsor of S. atives of countries designated as state spon- 1531, a bill to direct the Secretary of tice 2005–78) received on November 1, 2005; to sors of terrorism; to the Committee on the Committee on Finance. Homeland Security and Governmental Af- Health and Human Services to expand f fairs. and intensify programs with respect to research and related activities con- f REPORTS OF COMMITTEES cerning elder falls. The following reports of committees ADDITIONAL COSPONSORS S. 1699 were submitted: S. 103 At the request of Mr. SPECTER, the By Mr. MCCAIN, from the Committee on name of the Senator from Tennessee Indian Affairs, without amendment: At the request of Mr. TALENT, the H.R. 680. A bill to direct the Secretary of names of the Senator from Tennessee (Mr. ALEXANDER) was added as a co- Interior to convey certain land held in trust (Mr. FRIST), the Senator from Lou- sponsor of S. 1699, a bill to amend title for the Paiute Indian Tribe of Utah to the isiana (Mr. VITTER) and the Senator 18, United States Code, to provide City of Richfield, Utah, and for other pur- from Tennessee (Mr. ALEXANDER) were criminal penalties for trafficking in poses (Rept No. 109–175). added as cosponsors of S. 103, a bill to counterfeit marks. By Mr. LUGAR, from the Committee on respond to the illegal production, dis- S. 1768 Foreign Relations, with amendments: S. 1315. A bill to require a report on tribution, and use of methamphet- At the request of Mr. SPECTER, the progress toward the Millennium Develop- amine in the United States, and for name of the Senator from Illinois (Mr. ment Goals, and for other purposes. other purposes. DURBIN) was added as a cosponsor of S.

VerDate Aug 31 2005 01:19 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.024 S07NOPT1 S12448 CONGRESSIONAL RECORD — SENATE November 7, 2005 1768, a bill to permit the televising of S. RES. 180 vide for reconciliation pursuant to sec- Supreme Court proceedings. At the request of Mr. SCHUMER, the tion 202(a) of the concurrent resolution S. 1791 name of the Senator from North Da- on the budget for fiscal year 2006 (H. At the request of Mr. SMITH, the kota (Mr. DORGAN) was added as a co- Con. Res. 95). names of the Senator from Louisiana sponsor of S. Res. 180, a resolution sup- AMENDMENT NO. 2410 (Ms. LANDRIEU) and the Senator from porting the goals and ideals of a Na- At the request of Mr. BAUCUS, the Arkansas (Mr. PRYOR) were added as tional Epidermolysis Bullosa Aware- name of the Senator from New York cosponsors of S. 1791, a bill to amend ness Week to raise public awareness (Mrs. CLINTON) was added as a cospon- the Internal Revenue Code of 1986 to and understanding of the disease and to sor of amendment No. 2410 intended to allow a deduction for qualified timber foster understanding of the impact of be proposed to S. 1932, an original bill gains. the disease on patients and their fami- to provide for reconciliation pursuant S. 1891 lies. to section 202(a) of the concurrent reso- At the request of Ms. MURKOWSKI, the S. RES. 219 lution on the budget for fiscal year 2006 name of the Senator from Missouri At the request of Mrs. FEINSTEIN, the (H. Con. Res. 95). (Mr. TALENT) was added as a cosponsor names of the Senator from California AMENDMENT NO. 2423 (Mrs. BOXER) and the Senator from of S. 1891, a bill to authorize the leas- At the request of Mr. ALLARD, the ing, development, production, and eco- Rhode Island (Mr. REED) were added as names of the Senator from Colorado cosponsors of S. Res. 219, a resolution nomically feasible and prudent trans- (Mr. SALAZAR), the Senator from South designating March 8, 2006, as ‘‘Endan- portation of oil and gas in and from the Carolina (Mr. DEMINT), the Senator gered Species Day’’, and encouraging Coastal Plain, and for other purposes. from Tennessee (Mr. ALEXANDER), the the people of the United States to be- S. 1926 Senator from Washington (Ms. CANT- come educated about, and aware of, At the request of Mr. INHOFE, the WELL) and the Senator from South threats to species, success stories in name of the Senator from South Caro- Carolina (Mr. GRAHAM) were added as lina (Mr. DEMINT) was added as a co- species recovery, and the opportunity cosponsors of amendment No. 2423 pro- sponsor of S. 1926, a bill to provide the to promote species conservation world- posed to S. 1042, an original bill to au- Department of Justice the necessary wide. thorize appropriations for fiscal year authority to apprehend, prosecute, and S. RES. 294 2006 for military activities of the De- convict individuals committing animal At the request of Mr. SCHUMER, the partment of Defense, for military con- enterprise terror. name of the Senator from Maryland struction, and for defense activities of S. 1947 (Ms. MIKULSKI) was added as a cospon- the Department of Energy, to prescribe At the request of Mr. SUNUNU, the sor of S. Res. 294, a resolution express- personnel strengths for such fiscal year names of the Senator from South Da- ing the sense of the Senate on the re- for the Armed Forces, and for other kota (Mr. THUNE) and the Senator from tention of the Federal tax deduction purposes. for State and local taxes paid. Mississippi (Mr. COCHRAN) were added AMENDMENT NO. 2424 as cosponsors of S. 1947, a bill to amend S. RES. 299 At the request of Mr. NELSON of Flor- chapter 21 of title 38, United States At the request of Ms. LANDRIEU, the ida, the names of the Senator from Code, to enhance adaptive housing as- name of the Senator from Hawaii (Mr. Florida (Mr. MARTINEZ), the Senator sistance for disabled veterans. INOUYE) was added as a cosponsor of S. from Iowa (Mr. HARKIN), the Senator Res. 299, a resolution to express sup- S. 1958 from New Mexico (Mr. BINGAMAN), the port for the goals of National Adoption At the request of Ms. CANTWELL, the Senator from New York (Mrs. CLIN- Month by promoting national aware- name of the Senator from Vermont TON), the Senator from Arkansas (Mrs. ness of adoption, celebrating children (Mr. JEFFORDS) was added as a cospon- LINCOLN), the Senator from South Da- and families involved in adoption, and sor of S. 1958, a bill to authorize the kota (Mr. THUNE), the Senator from encouraging Americans to secure safe- Attorney General to establish and Delaware (Mr. BIDEN), the Senator ty, permanency, and well-being for all carry out a program, known as the from Hawaii (Mr. INOUYE), the Senator children. Northern Border Prosecution Initia- from Vermont (Mr. LEAHY) and the AMENDMENT NO. 1425 tive, to provide funds to northern bor- Senator from California (Mrs. FEIN- der States to reimburse county and At the request of Mr. HARKIN, the STEIN) were added as cosponsors of municipal governments for costs asso- name of the Senator from Minnesota amendment No. 2424 proposed to S. ciated with certain criminal activities, (Mr. DAYTON) was added as a cosponsor 1042, an original bill to authorize ap- and for other purposes. of amendment No. 1425 proposed to S. propriations for fiscal year 2006 for S. 1960 1042, an original bill to authorize ap- military activities of the Department At the request of Mr. BUNNING, the propriations for fiscal year 2006 for of Defense, for military construction, name of the Senator from New Mexico military activities of the Department and for defense activities of the De- (Mr. DOMENICI) was added as a cospon- of Defense, for military construction, partment of Energy, to prescribe per- sor of S. 1960, a bill to protect the and for defense activities of the De- sonnel strengths for such fiscal year health and safety of all athletes, to partment of Energy, to prescribe per- for the Armed Forces, and for other promote the integrity of professional sonnel strengths for such fiscal year purposes. for the Armed Forces, and for other sports by establishing minimum stand- f ards for the testing of steroids and purposes. other performance-enhancing sub- AMENDMENT NO. 2348 STATEMENTS ON INTRODUCED stances and methods by professional At the request of Mr. SCHUMER, the BILLS AND JOINT RESOLUTIONS sports leagues, and for other purposes. name of the Senator from Vermont By Mr. SPECTER (for himself, S. CON. RES. 55 (Mr. LEAHY) was added as a cosponsor Mr. LEAHY, and Mr. CORNYN): At the request of Mr. CRAIG, the of amendment No. 2348 proposed to S. S. 1968. A bill to amend title 18, names of the Senator from Mississippi 1932, an original bill to provide for rec- United States Code, to protect judges, (Mr. LOTT), the Senator from North Da- onciliation pursuant to section 202(a) prosecutors, witnesses, victims, and kota (Mr. CONRAD) and the Senator of the concurrent resolution on the their family members, and for other from Minnesota (Mr. DAYTON) were budget for fiscal year 2006 (H. Con. Res. purposes; to the Committee on the Ju- added as cosponsors of S. Con. Res. 55, 95). diciary. a concurrent resolution expressing the AMENDMENT NO. 2383 Mr. SPECTER. Mr. President, I rise sense of the Congress regarding the At the request of Mr. BAUCUS, the today to introduce the Court Security conditions for the United States to be- names of the Senator from Rhode Is- Improvement Act of 2005. This bill is in come a signatory to any multilateral land (Mr. REED) and the Senator from direct response to the tragic events agreement on trade resulting from the New York (Mr. SCHUMER) were added as that occurred in Chicago on February World Trade Organization’s Doha De- cosponsors of amendment No. 2383 pro- 28, 2005. On that day, the husband and velopment Agenda Round. posed to S. 1932, an original bill to pro- aged mother of Judge Joan Lefkow

VerDate Aug 31 2005 01:19 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.017 S07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — SENATE S12449 were shot and killed in their own found that the U.S. Marshals Service’s pendence of the judiciary. We ought to home. The perpetrator, as described by threat assessments are ‘‘untimely and be protecting judges physically and in- Judge Lefkow, was an angry litigant. of questionable validity,’’ and that the stitutionally rather than taking rhe- These attacks on Federal judges are U.S. Marshals Service has ‘‘limited ca- torical pot shots that put judges in real not as isolated as one might think. pability to collect and share intel- danger and that attack the very inde- Federal judges receive on average 700 ligence, and lacks adequate standards pendence of our federal judiciary. inappropriate communications or for determining appropriate protective When I chaired the Judiciary Com- threats each year, and three Federal measures.’’ mittee in 2001, one of the first things I judges have been assassinated in the This legislation would enhance judi- did was push for passage of the Judicial last 25 years. cial security in several respects. The Protection Act, which toughened Shortly after the Lefkow murders, on legislation would statutorily require criminal penalties for assaults against March 14, 2005, I wrote to the Director the U.S. Marshals Service to cooperate judges and their families. We enacted of the United States Marshals Service and coordinate with the Judicial Con- it. We were right to do so. Protecting to find out what security measures ference regarding judicial security on a our judges and Federal law enforce- were in place and what additional continuing basis. The legislation also ment officers should be a top priority measures could be instituted, particu- would provide new criminal sanctions for us. larly off-site security measures, fol- on individuals who harass or intimi- Today, in order to meet the con- lowing this terrible tragedy. date judges either by filing false or ma- tinuing challenges of keeping our On March 14, 2005, Assistant Attorney licious liens against judges or by know- judges, our Courts, and the rest of the General William E. Moschella re- ingly posting personal information re- Federal judiciary safe, Chairman SPEC- sponded on behalf of the U.S. Marshals garding Federal judges on the Internet TER and I are introducing the Court Se- Service, stating that Attorney General with the intent that such information curity Improvement Act of 2005 Gonzales and Director Reyna are re- be used to harm them. The legislation (‘‘CSIA’’). CSIA responds to requests by viewing all aspects of judicial security, would extend the Judicial Conference’s the judiciary for a greater voice in both at judicial facilities and off-site, authority to redact sensitive personal working with the United States Mar- but no specifics were offered, and no information from judges’ financial dis- shals Service to determine their secu- specifics have yet to be received. closure forms so that such information rity needs. It strengthens and expands On April 5, 2005, the Judicial Con- cannot be used for harassment or in- protections for judges and their fami- ference of the United States wrote to timidation purposes. lies against the misuse of their per- the President about the issue. Stating The rampage in Atlanta reminds us sonal information by those who intend that ‘‘attacks such as these strike at that the issue of judicial security is no to threaten them. It enacts new crimi- the core of our system of government,’’ less of a compelling problem for State nal penalties for the mis-use of re- the Judicial Conference asked that im- and local courts, where approximately stricted personal information to seri- mediate actions be taken to improve 32,000 State and local court judges sit ously harm or threaten to seriously judicial security, particularly outside compared to approximately 2,400 Fed- harm judges, their families or other in- of the courthouse. On May 6, 2005, I met eral judges. This legislation would ad- dividuals performing official duties. It with Third Circuit Judge Jane Roth, dress these State and local issues by also enacts criminal penalties for who chairs the Committee on Facili- authorizing grants for court security threatening judges and federal law en- ties and Securities for the Judicial and witness protection. forcement officials by the malicious Conference, to discuss security issues. In conclusion, there is no doubt that filing of false liens, provides increased Congress quickly responded and the rule of law is the backbone of our protections for witnesses, and makes passed the Emergency Supplemental civilized society. The ability of the ju- available new resources for state Appropriations Act for Defense, the diciary to determine the rule of law courts to improve security for state Global War on Terror, and Tsunami Re- without fear or favor is an indispen- and local court systems. lief, which was enacted on May 11, 2005. sable prerequisite to our democratic I appreciate the work of Chairman The Act provided $11.9 million to the society. Our judges’ personal security, SPECTER on this important bill and, in U.S. Marshals Service for ‘‘increased along with judicial independence, must particular, for including an extension judicial security outside of courthouse be safeguarded at all costs, and I be- of life insurance benefits to bank- facilities, including priority consider- lieve this bill is an important step to- ruptcy, magistrate and territorial ation of home detection systems in the ward providing those safeguards. judges, as well as health insurance for homes of Federal judges,’’ and as a re- Mr. LEAHY. Mr. President, last May, surviving spouses and families of fed- sult home intrusion detection systems the Judiciary Committee heard the eral judges. will soon be available to every Federal courageous testimony of Judge Joan We must better protect the dedicated judge who wants one. But we must do Lefkow of Chicago. She is the Federal women and men throughout the Judici- more. judge whose mother and husband were ary in this country who do a tremen- On May 18, 2005, I chaired a full Judi- murdered in their home. The tragedy dous job under challenging cir- ciary Committee hearing entitled that befell Judge Lefkow and her fam- cumstances. They are hard-working ‘‘Protecting the Judiciary at Home and ily is a terrible reminder not only of public servants who are too often ma- in the Courthouse’’ and it is evident the vulnerable position of our judges ligned and unfairly disparaged. We owe from this hearing that much more and their families, but of the critical it to them and to our democracy to needs to be done in the area of judicial importance of protecting judges where find ways to make sure that tragedies security. The responsibility of pro- they work and where they and their like those that befell Judge Lefkow are tecting our Federal judiciary and the families live. We cannot tolerate and not repeated, and to ensure that Judges halls of justice rests primarily with the no one should excuse or justify—vio- and their families have the peace of U.S. Marshals Service, but we heard lence or the threat of violence against mind necessary to do their vital and compelling testimony that coordina- our judges. I was appalled earlier this difficult jobs. tion and cooperation is sorely lacking year when right-wing activists com- Mr. CORNYN. Mr. President, I rise between the Federal judiciary and the pared judges to terrorists and the KKK today to speak in favor of the Court agency principally charged with its and threatened them with punishment Security Improvement Act of 2005, of protection. for decisions they did not like, even which I am an original cosponsor. I Not only does the U.S. Marshals quoting Joseph Stalin’s violent answer want to commend Senator SPECTER and Service arrogantly fail to coordinate to anyone who opposed his totali- the other cosponsors of this bill for and cooperate with the Federal judici- tarianism by urging the formula of ‘‘No tackling the critical issue of judicial ary, serious questions were raised re- man, No problem.’’ Stalin killed those and courthouse security. garding the efficacy of its existing se- with whom he disagreed. This rhetoric Our democracy depends on the dedi- curity programs. For example, a report can only foster unacceptable violence cation of public servants, including the issued by the Inspector General of the against Judges and it must stop, for men and women of the judiciary—from Department of Justice in March 2004 the sake of our Judges and the inde- the trial courts to the appellate

VerDate Aug 31 2005 01:19 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.016 S07NOPT1 S12450 CONGRESSIONAL RECORD — SENATE November 7, 2005 courts—who daily preside over impor- dation or harassment by some who file to disclose, on a quarterly basis, any tant and difficult issues. They faith- false liens against the real or personal contacts with representatives or offi- fully carry out their duties and dili- property of a judge who has presided cials of governments that have been gently work to support the administra- over a criminal or civil case, or who designated as state sponsors of inter- tion of justice. We must do all that we has otherwise acted against the inter- national terrorism. The contacts must can to provide adequate security to ests of a litigant. This provision would be reported to the U.S. Department of these dedicated men and women who make it a crime to knowingly file a State, Secretary of the Senate, and sometimes are targeted for violence or false lien against the property of a Fed- Clerk of the House of Representatives. harassment because of the position eral judge or law enforcement officer My bill makes sure that the congres- they hold. on the basis of their official status. sional committees of oversight are also Unfortunately, episodes of court- Finally, and importantly, this bill duly informed of these contacts. Let house violence in this country are on authorizes Federal grants to be made me be clear, my bill does not prohibit the rise, including in my home State of available to State courts to improve these contacts. Rather, with men and Texas. I was a judge for 13 years and security for State and local court sys- women serving in harm’s way in the have a number of close personal friends tems. We must comprehensively ap- global war on terror, it simply requires who still serve on the bench today. I proach this problem by providing fund- disclosure and transparency in the con- am outraged by acts of courthouse vio- ing to State courts to update their se- duct of their official duties. lence. I personally know judges and curity while standing by to swiftly and As we commit final resources and their families who have been victims of severely punish those who cause or at- valuable human capital to prosecute violence, and I have grieved with those tempt to cause harm to anyone within the global war on terror, we ought to families. the courts. know if members of our own govern- Acts of violence against judges are It is important for us to do all we can ment are meeting with individuals who unacceptable and reflect a distortion of to protect the men and women who are representatives of terrorist na- the role of the judiciary. Judges are make up our judicial system because tions. The American people deserve to impartial umpires of the law—they they are essential to the proper admin- know if there are contacts happening simply call the balls and strikes—and istration of justice. I urge my col- with representatives of these regimes— they cannot help but disappoint people. leagues to support this measure. regimes that are actively opposed to However, it is unacceptable for judges, I yield the floor. America. courthouse personnel or other law en- forcement officials to face threats and By Mr. SANTORUM: f violence for doing nothing more than S. 972. A bill to require Members of Congress and legislative branch em- AMENDMENTS SUBMITTED AND faithfully carrying out their profes- PROPOSED sional duties. ployees to report all contact with offi- The Senate Judiciary Committee has cials and representatives of countries SA 2433. Mr. CHAMBLISS (for himself, Mr. examined issues related to courthouse designated as state sponsors of ter- ISAKSON, Mr. PRYOR, and Ms. LANDRIEU) sub- rorism; to the Committee on Homeland mitted an amendment intended to be pro- security at a recent hearing. At this posed by him to the bill S. 1042, to authorize hearing, the Judicial Conference raised Security and Governmental Affairs. Mr. SANTORUM. Mr. President, I appropriations for fiscal year 2006 for mili- several important issues, including its tary activities of the Department of Defense, working relationship with the United rise today to offer remarks about a bill for military construction, and for defense ac- States Marshals Service, the need to I introduced earlier today, the Ter- tivities of the Department of Energy, to pre- protect judges outside of the court- rorist Lobby Disclosure Act of 2005. scribe personnel strengths for such fiscal My legislation is simple, straight- house, and common instances of in- year for the Armed Forces, and for other forward and necessary. Because the timidation and harassment directed at purposes. United States is actively involved in SA 2434. Mr. HAGEL submitted an amend- judges. ment intended to be proposed by him to the This hearing and these issues provide the global war on terror, we must be vigilant in fighting this war on all bill S. 1042, supra; which was ordered to lie the foundation for this bill. Let me dis- on the table. cuss a few of the security improve- fronts. This means supplying our men and women of the Armed Forces with SA 2435. Mr. KOHL (for himself and Mr. ments made by this bill. JEFFORDS) submitted an amendment in- The U.S. Marshals Service has pri- equipment and materiel to conduct tended to be proposed by him to the bill S. mary responsibility for providing secu- military operations. It means pro- 1042, supra; which was ordered to lie on the rity to the judiciary. However, the Ju- viding our intelligence community table. dicial Conference testified that they with the resources it needs to make in- SA 2436. Ms. SNOWE (for herself, Ms. COL- are not consulted when decisions, roads against terrorist organizations LINS, Ms. LANDRIEU, Mr. WYDEN, and Mr. which directly implicate their secu- and to better safeguard Americans CORZINE) proposed an amendment to the bill S. 1042, supra. rity, are made. The Marshal’s Service against nations and groups that hate our way of life. It means devoting the SA 2437. Mr. CRAIG (for himself, Mr. ROB- should willingly coordinate and com- ERTS, Mr. BROWNBACK, and Ms. MIKULSKI) municate with the judiciary on secu- time and resources to ensure the safety submitted an amendment intended to be pro- rity concerns. This legislation would of our borders, ports and airports. Fi- posed by him to the bill S. 1042, supra; which codify this commonsense idea and keep nally, it means providing transparency was ordered to lie on the table. the judiciary informed of, and allow in dealing with those nations defined SA 2438. Mr. HARKIN (for himself and Mr. them to provide suggestions for, deci- by our government as ‘‘state sponsors DORGAN) proposed an amendment to the bill sions regarding their security. of terrorism.’’ S. 1042, supra. This bill also addresses a relatively According to the Department of f State, Iran, Syria, Libya, Cuba, North recent problem that poses a particular TEXT OF AMENDMENTS danger to public officials. Personal in- Korea, and Sudan are the six govern- formation, such as home addresses and ments that the U.S. Secretary of State SA 2433. Mr. CHAMBLISS (for him- phone numbers, of Federal officials has designated as state sponsors of self, Mr. ISAKSON, Mr. PRYOR, and Ms. when posted on the Internet can be international terrorism. These are gov- LANDRIEU) submitted an amendment readily accessed and used to intimidate ernments that engage directly in ter- intended to be proposed by him to the or harm them. Recently, personal in- rorist activity themselves; support ter- bill S. 1042, to authorize appropriations formation of Federal judges have been rorist groups by providing funding, for fiscal year 2006 for military activi- posted on the Internet and used to fa- arms, or other material support; or ties of the Department of Defense, for cilitate threats against them. This bill provide training, logistical support, military construction, and for defense would punish those who, with the in- sanctuary, or diplomatic facilities. activities of the Department of Energy, tent to harm, post restricted informa- These states are the worst of the worst to prescribe personnel strengths for tion of public officials, or of their im- when it comes to fighting the global such fiscal year for the Armed Forces, mediate family, on the Internet. war on terror. and for other purposes; as follows: Additionally, members of the Federal My bill requires Members of Congress At the end of subtitle C of title V, add the judiciary have been targets of intimi- and employees of the legislative branch following:

VerDate Aug 31 2005 01:19 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.027 S07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — SENATE S12451 SEC. 538. COMMENCEMENT OF RECEIPT OF NON- SA 2434. Mr. HAGEL submitted an (d) LOCATIONS.—In determining the loca- REGULAR SERVICE RETIRED PAY BY amendment intended to be proposed by tion of a refinery for inclusion in the Re- MEMBERS OF THE READY RESERVE him to the bill S. 1042, to authorize ap- serve, the Secretary of Energy shall take ON ACTIVE FEDERAL STATUS OR AC- into account— TIVE DUTY FOR SIGNIFICANT PERI- propriations for fiscal year 2006 for ODS. (1) the impact of the refinery on the local military activities of the Department community, as determined after requesting (a) REDUCED ELIGIBILITY AGE.—Section of Defense, for military construction, 12731 of title 10, United States Code, is and reviewing any comments from State and amended— and for defense activities of the De- local governments and the public; (1) in subsection (a), by striking paragraph partment of Energy, to prescribe per- (2) regional vulnerability to— (1) and inserting the following: sonnel strengths for such fiscal year (A) natural disasters; and ‘‘(1) has attained the eligibility age appli- for the Armed Forces, and for other (B) terrorist attacks; cable under subsection (f) to that person;’’; purposes; which was ordered to lie on (3) the proximity of the refinery to the Re- serve; and the table; as follows: (2) by adding at the end the following new (4) the accessibility of the refinery to en- At the appropriate place, insert the fol- subsection: ergy infrastructure and Federal facilities lowing: ‘‘(f)(1) Subject to paragraph (2), the eligi- (including facilities under the jurisdiction of bility age for purposes of subsection (a)(1) is SEC. ll. EXTENSION OF ELIGIBILITY FOR SSI the Department of Defense); 60 years of age. FOR CERTAIN INDIVIDUALS IN FAMI- (5) the need to minimize adverse public ‘‘(2)(A) In the case of a person who as a LIES THAT INCLUDE MEMBERS OF health and environmental impacts; and THE RESERVE AND NATIONAL (6) the energy needs of the Federal Govern- member of the Ready Reserve serves on ac- GUARD. ment (including the Department of Defense). tive duty or performs active service de- Section 1631(j)(1)(B) of the Social Security (e) INCREASED CAPACITY.—The Secretary of scribed in subparagraph (B) after September Act (42 U.S.C. 1383(j)(1)(B)) is amended by in- 11, 2001, the eligibility age for purposes of Energy shall ensure that refineries in the serting ‘‘(24 consecutive months, in the case Reserve are designed to provide a rapid in- subsection (a)(1) shall be reduced below 60 of such an individual whose ineligibility for years of age by three months for each aggre- crease in production capacity during periods benefits under or pursuant to both such sec- described in subsection (c). gate of 90 days on which such person so per- tions is a result of being called to active forms in any fiscal year after such date, sub- (f) IMPLEMENTATION PLAN.— duty pursuant to section 12301(d) or 12302 of (1) IN GENERAL.—Not later than 180 days ject to subparagraph (C). A day of duty may title 10, United States Code, or section 502(f) be included in only one aggregate of 90 days after the date of the enactment of this Act, of title 32, United States Code)’’ after ‘‘for a the Secretary of Energy shall submit to Con- for purposes of this subparagraph. period of 12 consecutive months’’. ‘‘(B)(i) Service on active duty described in gress a plan for the establishment and oper- ation of the Reserve under this section. this subparagraph is service on active duty Mr. KOHL (for himself and pursuant to a call or order to active duty SA 2435. (2) REQUIREMENTS.—The plan required under a provision of law referred to in sec- Mr. JEFFORDS) submitted an amend- under paragraph (1) shall— tion 101(a)(13)(B) of this title in support of a ment intended to be proposed by him (A)(i)(I) provide for, within 2 years after contingency operation. Such service does not to the bill S. 1042, to authorize appro- the date of enactment of this Act, a capacity include service on active duty pursuant to a priations for fiscal year 2006 for mili- within the Reserve equal to 5 percent of the call or order to active duty under section tary activities of the Department of total United States daily demand for gaso- 12310 of this title. Defense, for military construction, and line, diesel, and aviation fuel; and (II) provide for a capacity within the Re- ‘‘(ii) Active service described in this sub- for defense activities of the Depart- paragraph is service under a call to active serve such that not less than 75 percent of service authorized by the President or the ment of Energy, to prescribe personnel the gasoline and diesel fuel produced by the Secretary of Defense under section 502(f) of strengths for such fiscal year for the Reserve contain an average of 10 percent re- title 32 for purposes of responding to a na- Armed Forces, and for other purposes; newable fuel (as that term is defined in tional emergency declared by the President which was ordered to lie on the table; 211(o)(1)(C) of the Clean Air Act (42 U.S.C. or supported by Federal funds. as follows: 7545(o)(1)(C)); or ‘‘(C) The eligibility age for purposes of sub- (ii) if the Secretary of Energy finds that At the end of subtitle B of title XXXI, add section (a)(1) may not be reduced below 50 achieving the capacity described in either the following: years of age for any person under subpara- subclause (I) or (II) of clause (i) is not fea- graph (A).’’. SEC. ll. STRATEGIC REFINERY RESERVE. sible within 2 years, include— (b) CONTINUATION OF AGE 60 AS MINIMUM (a) ESTABLISHMENT.— (I) an explanation from the Secretary of AGE FOR ELIGIBILITY OF NON-REGULAR SERV- (1) IN GENERAL.—The Secretary of Energy Energy of the reasons why achieving the ca- ICE RETIREES FOR HEALTH CARE.—Section shall establish and operate a Strategic Refin- pacity within the timeframe is not feasible; 1074(b) of such title is amended— ery Reserve (referred to in this section as the and (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and ‘‘Reserve’’) in the United States. (II) provisions for achieving the required (2) by adding at the end the following new (2) AUTHORITIES.—To carry out this sub- capacity as soon as practicable; and paragraph: section, the Secretary of Energy may con- (B) provide for adequate delivery systems ‘‘(2) Paragraph (1) does not apply to a tract for— capable of providing Reserve product to the member or former member entitled to re- (A) the construction or operation of new entities described in subsection (b)(1). tired pay for non-regular service under chap- refineries; or (g) COORDINATION.—The Secretary of En- ter 1223 of this title who is under 60 years of (B) the acquisition or reopening of closed ergy shall carry out this section in coordina- age.’’. refineries. tion with the Secretary of Defense. (c) ADMINISTRATION OF RELATED PROVISIONS (b) OPERATION.—The Secretary of Energy (h) COMPLIANCE WITH FEDERAL ENVIRON- OF LAW OR POLICY.—With respect to any pro- shall operate the Reserve— MENTAL REQUIREMENTS.—Nothing in this sec- vision of law, or of any policy, regulation, or (1) to provide petroleum products to— tion affects any requirement to comply with directive of the executive branch that refers (A) the Federal Government (including the Federal or State environmental or other to a member or former member of the uni- Department of Defense); and laws. formed services as being eligible for, or enti- (B) any State governments and political SEC. ll. REPORTS ON REFINERY CLOSURES. tled to, retired pay under chapter 1223 of subdivisions of States that opt to purchase (a) REPORTS TO SECRETARY OF ENERGY.— title 10, United States Code, but for the fact refined petroleum products from the Re- (1) IN GENERAL.—Not later than 180 days that the member or former member is under serve; and before permanently closing a refinery in the 60 years of age, such provision shall be car- (2) to provide petroleum products to the United States, the owner or operator of the ried out with respect to that member or general public during any period described in refinery shall provide to the Secretary of En- former member by substituting for the ref- subsection (c). ergy notice of the closing. erence to being 60 years of age a reference to (c) EMERGENCY PERIODS.—The Secretary of (2) REQUIREMENTS.—The notice required having attained the eligibility age applicable Energy shall make petroleum products from under paragraph (1) with respect to a refin- under subsection (f) of section 12731 of title the Reserve available under subsection (b)(2) ery to be closed shall include an explanation 10, United States Code (as added by sub- only if the President determines that— of the reasons for the closing of the refinery. section (a)), to such member or former mem- (1) there is a severe energy supply inter- (b) REPORTS TO CONGRESS.—The Secretary ber for qualification for such retired pay ruption within the meaning of the term of Energy shall, in consultation with the under subsection (a) of such section. under section 3 of the Energy Policy and Secretary of Defense, the Administrator of (d) EFFECTIVE DATE AND APPLICABILITY.— Conservation Act (42 U.S.C. 6202); or the Environmental Protection Agency, and The amendment made by subsection (a) shall (2)(A) there is a regional petroleum prod- the Federal Trade Commission and as soon take effect as of September 11, 2001, and shall uct supply shortage of significant scope and as practicable after receipt of a report under apply with respect to applications for retired duration; and subsection (a), submit to Congress— pay that are submitted under section 12731(a) (B) action taken under subsection (b)(2) (1) the report; and of title 10, United States Code, on or after would directly and significantly assist in re- (2) an analysis of the effects of the pro- the date of the enactment of this Act. ducing the adverse impact of the shortage. posed closing covered by the report on—

VerDate Aug 31 2005 01:19 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.025 S07NOPT1 S12452 CONGRESSIONAL RECORD — SENATE November 7, 2005

(A) in accordance with the Clean Air Act ‘‘(E) In the case of any personal property (b) DENIAL OF CERTAIN BURIAL-RELATED (42 U.S.C. 7401 et seq.), supplies of clean fuel; located at an installation for which the date BENEFITS.—Section 985 of title 10, United (B) petroleum product prices; of approval of closure or realignment is after States Code, is amended— (C) competition in the refining industry; January 1, 2005, including property that is (1) in subsection (a), by striking ‘‘who has (D) the national economy; determined pursuant to the inventory under been convicted of a capital offense under (E) regional economies; subparagraph (A)(i) to be excess property Federal or State law for which the person (F) regional supplies of refined petroleum that would otherwise be transferred to an- was sentenced to death or life imprisonment products; other Federal agency under subchapter II of without parole.’’ and inserting ‘‘described in (G) the supply of fuel to the Department of chapter 5 of title 40, United States Code, pur- section 2411(b) of title 38.’’; Defense; and suant to the authority in paragraph (1)(A)— (2) in subsection (b), by striking ‘‘convicted (H) energy security. ‘‘(i) the Secretary shall, unless the Sec- of a capital offense under Federal law’’ and retary determines that a transfer of such inserting ‘‘described in section 2411(b) of SA 2436. Ms. SNOWE (for herself, Ms. property to a military department or other title 38’’; and COLLINS, Ms. LANDRIEU, Mr. WYDEN and entity within the Department of Defense or (3) by amending subsection (c) to read as Mr. CORZINE) proposed an amendment the Coast Guard, or to the Department of follows: to the bill S. 1042, to authorize appro- Homeland Security, is necessary in the na- ‘‘(c) DEFINITION.—In this section, the term priations for fiscal year 2006 for mili- tional security interest of the United States, ‘burial’ includes inurement.’’. tary activities of the Department of instead offer to transfer such property to the (c) DENIAL OF FUNERAL HONORS.—Section 1491(h) of title 10, United States Code, is Defense, for military construction, and redevelopment authority with respect to such installation; and amended— for defense activities of the Depart- ‘‘(ii) if the redevelopment authority ac- (1) by redesignating paragraphs (1) and (2) ment of Energy, to prescribe personnel cepts the offer, transfer such property to the as subparagraphs (A) and (B), respectively; strengths for such fiscal year for the redevelopment authority, without consider- (2) by striking ‘‘ means a decedent who—’’ Armed Forces, and for other purposes; ation, subject to the provisions of paragraph and inserting the following: ‘‘— as follows: (4).’’. ‘‘(1) means a decedent who—’’; At the end of subtitle D of title XXVIII of (c) ECONOMIC REDEVELOPMENT.—Paragraph (3) in subparagraph (B), as redesignated, by division B, add the following: (4)(A) of such section is amended by striking striking the period at the end and inserting ‘‘; and’’; and SEC. 2887. TRANSFER TO REDEVELOPMENT AU- ‘‘purposes of job generation’’ and inserting THORITIES WITHOUT CONSIDER- ‘‘purposes of economic redevelopment or job (4) by adding at the end the following: ATION OF PROPERTY LOCATED AT generation’’. ‘‘(2) does not include any person described MILITARY INSTALLATIONS CLOSED (d) CONFORMING CHANGE.—Paragraph (4)(B) in section 2411(b) of title 38.’’. OR REALIGNED UNDER 2005 ROUND of such section is amended— (d) RULEMAKING.— OF DEFENSE BASE CLOSURE AND (1) DEPARTMENT OF DEFENSE.—The Sec- REALIGNMENT. (1) by striking ‘‘shall seek’’ and all that follows through ‘‘with respect to the instal- retary of Defense shall prescribe regulations (a) OPTION ON TRANSFER OF REAL PROPERTY lation’’ and inserting the following: ‘‘may to ensure that a person is not interred in any AND FACILITIES.—Paragraph (2)(C) of section military cemetery under the authority of the 2905(b) of the Defense Base Closure and Re- not obtain consideration in connection with any transfer under this paragraph of prop- Secretary or provided funeral honors under alignment Act of 1990 (part A of title XXIX section 1491 of title 10, United States Code, of Public Law 101–510; 10 U.S.C. 2687 note) is erty located at the installation. The redevel- opment authority to which such property is unless a good faith effort has been made to amended— determine whether such person is described (1) by inserting ‘‘(i)’’ after ‘‘(C)’’; and transferred shall’’; (2) in clause (i), by striking ‘‘agrees’’ and in section 2411(b) of title 38, United States (2) by adding at the end the following new Code, or is otherwise ineligible for such in- clause: inserting ‘‘agree’’; and (3) in clause (ii)— terment or honors under Federal law. ‘‘(ii)(I) Except as provided in subclause (II), (2) DEPARTMENT OF VETERANS AFFAIRS.— in the case of any real property or facilities (A) by striking ‘‘executes’’ and inserting ‘‘execute’’; and The Secretary of Veterans Affairs shall pre- located at an installation for which the date scribe regulations to ensure that a person is of approval of closure or realignment is after (B) by striking ‘‘accepts’’ and inserting ‘‘accept’’. not interred in any cemetery in the National January 1, 2005, including property or facili- Cemetery System unless a good faith effort ties that would otherwise be transferred to a has been made to determine whether such military department or other entity within SA 2437. Mr. CRAIG (for himself, Mr. person is described in section 2411(b) of title the Department of Defense or the Coast ROBERTS, Mr. BROWNBACK, and Ms. MI- 38, United States Code, or is otherwise ineli- Guard under clause (i), or would otherwise be KULSKI) submitted an amendment in- gible for such interment under Federal law. transferred to another Federal agency— tended to be proposed by him to the ‘‘(aa) the Secretary shall instead offer to bill S. 1042, to authorize appropriations SA 2438. Mr. HARKIN (for himself, transfer such property or facilities to the re- for fiscal year 2006 for military activi- and Mr. DORGAN) proposed an amend- development authority with respect to such ment to the bill S. 1042, to authorize installation; and ties of the Department of Defense, for ‘‘(bb) if the redevelopment authority ac- military construction, and for defense appropriations for fiscal year 2006 for cepts the offer, transfer such property or fa- activities of the Department of Energy, military activities of the Department cilities to the redevelopment authority, to prescribe personnel strengths for of Defense, for military construction, without consideration, subject to the provi- such fiscal year for the Armed Forces, and for defense activities of the De- sions of paragraph (4). and for other purposes; which was or- partment of Energy, to prescribe per- ‘‘(II) The requirement under subclause (I) dered to lie on the table; as follows: sonnel strengths for such fiscal year shall not apply— for the Armed Forces, and for other ‘‘(aa) to a transfer of property or facilities At the appropriate place, insert the fol- to a military department or other entity lowing: purposes; as follows: within the Department of Defense or the SECTION ll. DENIAL OF CERTAIN BURIAL-RE- At the end of subtitle A of title IX, add the Coast Guard under clause (i), or to the De- LATED BENEFITS FOR INDIVIDUALS following: partment of Homeland Security, if the Sec- WHO COMMITTED A CAPITAL OF- SEC. 903. AMERICAN FORCES NETWORK. retary of Defense determines that such FENSE. (a) MISSION.—The American Forces Net- transfer is necessary in the national security (a) PROHIBITION AGAINST INTERMENT IN NA- work (AFN) shall provide members of the interest of the United States; or TIONAL CEMETERY.—Section 2411 of title 38, Armed Forces, civilian employees of the De- ‘‘(bb) to a transfer of property or facilities United States Code, is amended— partment of Defense, and their families sta- to an Indian tribe or tribal organization pur- (1) in subsection (b)— tioned outside the continental United States suant to section 105(f)(3) of the Indian Self- (A) in paragraph (1), by striking ‘‘ for and at sea with the same type and quality of Determination and Education Assistance Act which the person was sentenced to death or American radio and television news, infor- (25 U.S.C. 450j(f)(3)).’’. life imprisonment’’; and mation, sports, and entertainment as is (b) OPTION ON TRANSFER OF PERSONAL (B) in paragraph (2), by striking ‘‘ for available in the continental United States. PROPERTY.—Paragraph (3) of such section is which the person was sentenced to death or (b) POLITICAL PROGRAMMING.— amended— life imprisonment without parole’’; and (1) FAIRNESS AND BALANCE.—All political (1) in subparagraph (C)(i), by striking ‘‘sub- (2) in subsection (d)— programming of the American Forces Net- paragraphs (E) and (F)’’ and inserting ‘‘sub- (A) in paragraph (1), by striking ‘‘the death work shall be characterized by its fairness paragraphs (F) and (G)’’; penalty or life imprisonment’’ and inserting and balance. (2) by redesignating subparagraphs (E) and ‘‘a life sentence or the death penalty’’; and (2) FREE FLOW OF PROGRAMMING.—The (F) as subparagraphs (F) and (G), respec- (B) in paragraph (2), by striking ‘‘the death American Forces Network shall provide in tively; and penalty or life imprisonment without parole its programming a free flow of political pro- (3) by inserting after subparagraph (D) the may be imposed’’ and inserting ‘‘a life sen- gramming from United States commercial following new subparagraph (E): tence or the death penalty may be imposed’’. and public radio and television stations.

VerDate Aug 31 2005 02:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.026 S07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — SENATE S12453 (c) OMBUDSMAN OF THE AMERICAN FORCES (A) IN GENERAL.—The Ombudsman shall Because of the limited time available NETWORK.— submit to the Secretary of Defense and the for the hearing, witnesses may testify (1) ESTABLISHMENT.—There is hereby estab- congressional defense committees each year by invitation only. However, those lished the Office of the Ombudsman of the a report on the activities of the Office of the wishing to submit written testimony American Forces Network. Ombudsman of the American Forces Net- (2) HEAD OF OFFICE.— work during the preceding year. for the hearing record should send two (A) OMBUDSMAN.—The head of the Office of (B) AVAILABILITY TO PUBLIC.—The Ombuds- copies of their testimony to the Com- the Ombudsman of the American Forces Net- man shall make available to the public each mittee on Energy and Natural Re- work shall be the Ombudsman of the Amer- report submitted under subparagraph (A) sources, United States Senate, SD–364 ican Forces Network (in this subsection re- through the Internet website of the Office of Dirksen Senate Office Building, Wash- ferred to as the ‘‘Ombudsman’’), who shall be the Ombudsman of the American Forces Net- ington, DC. 20510–6150. appointed by the Secretary of Defense. work and by such other means as the Om- (B) QUALIFICATIONS.—Any individual nomi- budsman considers appropriate. For further information, please con- nated for appointment to the position of Om- tact Tom Lillie at (202) 224–5161 or budsman shall have recognized expertise in f Brian Carlstrom at (202) 224–6293. the field of mass communications, print NOTICES OF HEARINGS/MEETINGS COMMITTEE ON SMALL BUSINESS AND media, or broadcast media. ENTREPRENEURSHIP (C) PART-TIME STATUS.—The position of SUBCOMMITTEE ON NATIONAL PARKS Ombudsman shall be a part-time position. Mr. THOMAS. Mr. President, I would Ms. SNOWE. Mr. President, the Chair (D) TERM.—The term of office of the Om- like to announce for the information of wishes to inform Members that the budsman shall be five years. the Senate and the public that the fol- Committee on Small Business and En- (E) REMOVAL.—The Ombudsman may be re- trepreneurship will hold a public hear- moved from office by the Secretary only for lowing hearing has been scheduled be- fore the Subcommittee on National ing entitled, ‘‘Strengthening Hurricane malfeasance. Recovery Efforts for Small Businesses’’ (3) DUTIES.— Parks of the Committee on Energy and on Tuesday, November 8, 2005, at 10 (A) IN GENERAL.—The Ombudsman shall en- Natural Resources: sure that the American Forces Network ad- The hearing will be held on Tuesday, a.m., in room 428A Russell Senate Of- heres to the standards and practices of the November 15th, 2005, at 2:30 p.m. in fice Building. Network in its programming. room SD–366 of the Dirksen Senate Of- The Chair urges every Member to at- (B) PARTICULAR DUTIES.—In carrying out tend. the duties of the Ombudsman under this fice Building in Washington, DC. paragraph, the Ombudsman shall— The purpose of the hearing is to re- COMMITTEE ON ENERGY AND NATURAL (i) initiate and conduct, with such fre- ceive testimony on the following bills: RESOURCES quency as the Ombudsman considers appro- S. 431, a bill to establish a program to Mr. DOMENICI. Mr. President, I priate, reviews of the integrity, fairness, and award grants to improve and maintain would like to announce for the infor- balance of the programming of the American sites honoring Presidents of the United mation of the Senate and the public Forces Network; States, S. 505, a bill to amend the that the hearing before the Committee (ii) initiate and conduct, upon the request of Congress or members of the audience of Yuma Crossing National Heritage Area on Energy and Natural Resources pre- the American Forces Network, reviews of the Act of 2000 to adjust the boundary of viously scheduled for November 3, 2005, programming of the Network; the Yuma Crossing National Heritage has been rescheduled. (iii) identify, pursuant to reviews under Area, S. 1288, a bill to authorize the The hearing will take place on Thurs- clause (i) or (ii) or otherwise, circumstances Secretary of the Interior to enter into day, November 10, 2005 at 10:30 a.m. in in which the American Forces Network has cooperative agreements to protect nat- room SD–366 of the Dirksen Senate Of- not adhered to the standards and practices of the Network in its programming, including ural resources of units of the National fice Building in Washington, DC. circumstances in which the programming of Park System through collaborative ef- The purpose of this hearing is to con- the Network lacked integrity, fairness, or forts on land inside and outside of sider the nominations of: balance; and units of the National Park System, S. Jeffrey D. Jarrett, of Pennsylvania, (iv) make recommendations to the Amer- 1544, a bill to establish the Northern to be Assistant Secretary for Fossil ican Forces Network on means of correcting Plains National Heritage Area in the Energy, Department of Energy; the lack of adherence identified pursuant to State of North Dakota, and for other clause (iii). Edward F. Sproat, III, of Pennsyl- purposes, S. Con. Res. 60, a concurrent (C) LIMITATION.—In carrying out the duties vania, to be Director, Office of Civilian of the Ombudsman under this paragraph, the resolution designating the Negro Radioactive Waste Management, De- Ombudsman may not engage in any pre- Leagues Baseball Museum in Kansas partment of Energy. broadcast censorship or pre-broadcast review City, Missouri, as America’s National For further information, please con- of the programming of the American Forces Negro Leagues Baseball Museum, S. 748 tact Judy Pensabene of the Committee Network. and H.R. 1084, bills to authorize the es- staff at (202) 224–1327. (4) RESOURCES.—The Secretary of Defense tablishment at Antietam National Bat- shall provide the Office of the Ombudsman of tlefield of a memorial to the officers f the American Forces Network such per- and enlisted men of the Fifth, Sixth, sonnel and other resources as the Secretary PRIVILEGES OF THE FLOOR and the Ombudsman jointly determine ap- and Ninth New Hampshire Volunteer propriate to permit the Ombudsman to carry Infantry Regiments and the First New Mr. WARNER. Mr. President, I ask out the duties of the Ombudsman under Hampshire Light Artillery Battery who unanimous consent that MAJ Alison paragraph (3). fought in the Battle of Antietam on Thompson, a marine fellow on Senator (5) INDEPENDENCE.—The Secretary shall September 17, 1862, and for other pur- DOLE’s staff, be granted floor privileges take appropriate actions to ensure the com- poses, and H.R. 2107, to amend Public for the duration of the consideration of plete independence of the Ombudsman and S. 1042. the Office of the Ombudsman of the Amer- Law 104–329 to modify authorities for ican Forces Network within the Department the use of the National Law Enforce- The PRESIDING OFFICER. Is there of Defense. ment Officers Memorial Maintenance objection? (6) ANNUAL REPORTS.— hFund, and for other purposes. Without objection, it is so ordered. FOREIGN TRAVEL FINANCIAL REPORTS In accordance with the appropriate provisions of law, the Secretary of the Senate herewith submits the following re- ports for standing committees of the Senate, certain joint committees of the Congress, delegations and groups, and select and special committees of the Senate, relating to expenses incurred in the performance of authorized foreign travel:

VerDate Aug 31 2005 02:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00039 Fmt 0624 Sfmt 8634 E:\CR\FM\A07NO6.032 S07NOPT1 S12454 CONGRESSIONAL RECORD — SENATE November 7, 2005 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON AGRICULTURE, NUTRITION AND FORESTRY FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2005

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Saxby Chambliss: Russia ...... Rubles ...... 1,363.00 ...... 1,363.00 Poland ...... Zloty ...... 730.00 ...... 730.00 Hungary ...... Forint ...... 392.00 ...... 392.00 Jordan ...... Dinar ...... 612.00 ...... 612.00 Ireland ...... Euro ...... 631.00 ...... 631.00 Teresa Ervin: Russia ...... Rubles ...... 1,363.00 ...... 1,363.00 Poland ...... Zloty ...... 730.00 ...... 730.00 Hungary ...... Forint ...... 392.00 ...... 392.00 Jordan ...... Dinar ...... 612.00 ...... 612.00 Ireland ...... Euro ...... 631.00 ...... 631.00 Hayden Milberg: Russia ...... Rubles ...... 1,363.00 ...... 1,363.00 Poland ...... Zloty ...... 730.00 ...... 730.00 Hungary ...... Forint ...... 392.00 ...... 392.00 Jordan ...... Dinar ...... 493.00 ...... 493.00 Ireland ...... Euro ...... 631.00 ...... 631.00 Martha Scott Poindexter: Russia ...... Rubles ...... 1,363.00 ...... 1,363.00 Poland ...... Zloty ...... 730.00 ...... 730.00 Hungary ...... Forint ...... 392.00 ...... 392.00 Jordan ...... Dinar ...... 493.00 ...... 493.00 Ireland ...... Euro ...... 631.00 ...... 631.00

Total ...... 14,674.00 ...... 14,674.00 SAXBY CHAMBLISS, Chairman, Committee on Agriculture, Nutrition and Forestry, Oct. 12, 2005.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2005

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Ted Stevens: Italy ...... Dollar ...... 294.76 ...... 294.76 Kuwait ...... Dollar ...... 788.00 ...... 788.00 Turkey ...... Dollar ...... 472.00 ...... 472.00 Portugal ...... Euro ...... 317.71 ...... 317.71 Sid Ashworth: Italy ...... Dollar ...... 294.76 ...... 294.76 Kuwait ...... Dollar ...... 788.00 ...... 788.00 Turkey ...... Dollar ...... 472.00 ...... 472.00 Portugal ...... Euro ...... 317.71 ...... 317.71 Brian Wilson: Italy ...... Dollar ...... 294.76 ...... 294.76 Kuwait ...... Dollar ...... 788.00 ...... 788.00 Turkey ...... Dollar ...... 472.00 ...... 472.00 Portugal ...... Euro ...... 317.71 ...... 317.71 Alycia Farrell: United States ...... Dollar ...... 5,347.99 ...... 5,347.99 Ireland ...... Dollar ...... 806.00 ...... 257.00 ...... 1,063.00 Senator Tom Harkin: United States ...... Dollar ...... 7,336.69 ...... 7,336.69 Slovenia ...... Tolar ...... 1,342.80 ...... 731.85 ...... 521.14 ...... 2,595.79 Pakistan ...... Rupee ...... 1,191.00 ...... 946.34 ...... 2,137.34 Afghanistan ...... Afghani ...... 7.37 ...... 7.37 Brian Ahlberg: United States ...... Dollar ...... 7,336.69 ...... 7,336.69 Slovenia ...... Tolar ...... 905.00 ...... 731.86 ...... 521.13 ...... 2,157.99 Pakistan ...... Rupee ...... 841.00 ...... 946.34 ...... 1,787.34 Afghanistan ...... Afghani ...... 7.38 ...... 7.38 Charlie Houy: United States ...... Dollar ...... 5,546.00 ...... 5,546.00 Japan ...... Yen ...... 408.00 ...... 408.00 Betsy Schmid: United States ...... Dollar ...... 5,546.00 ...... 5,546.00 Japan ...... Yen ...... 408.00 ...... 408.00 Allen Cutler: United States ...... Dollar ...... 6,539.00 ...... 6,539.00 France ...... Euro ...... 294.00 ...... 294.00 Switzerland ...... Franc ...... 736.00 ...... 736.00 Katherine Hennessey: United States ...... Dollar ...... 6,741.11 ...... 6,741.11 Poland ...... Zloty ...... 1,149.00 ...... 1,149.00 Norway ...... Kroner ...... 716.00 ...... 716.00 Paul C. Grove: United States ...... Dollar ...... 2,435.15 ...... 2,435.15 Colombia ...... Peso ...... 468.00 ...... 468.00 Bolivia ...... Boliviano ...... 451.00 ...... 451.00 Thomas Hawkins: United States ...... Dollar ...... 2,435.15 ...... 2,435.15 Colombia ...... Peso ...... 468.00 ...... 468.00 Bolivia ...... Boliviano ...... 451.00 ...... 451.00 Katherine Eltrich: United States ...... Dollar ...... 6,895.00 ...... 6,895.00 India ...... Rupee ...... 2,326.00 ...... 2,326.00 Timothy Rieser: United States ...... Dollar ...... 7,245.00 ...... 7,245.00 Nepal ...... Dollar ...... 230.00 ...... 70.00 ...... 300.00 Total ...... 18,808.21 ...... 64,867.49 ...... 3,276.70 ...... 86,952.40 THAD COCHRAN, Chairman, Committee on Appropriations, Oct. 18, 2005.

VerDate Aug 31 2005 01:19 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00040 Fmt 0624 Sfmt 8634 E:\CR\FM\A07NO6.020 S07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — SENATE S12455 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2005

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator John McCain: Italy ...... Euro ...... 235.28 ...... 235.28 Senator Lindsey O. Graham: Italy ...... Euro ...... 301.22 ...... 301.22 Senator Richard H. Fontaine, Jr.: Italy ...... Euro ...... 950.82 ...... 950.82 Senator Carl Levin: United States ...... Dollar ...... 8,924.42 ...... 8,924.42 Jordan ...... Dinar ...... 256.60 ...... 256.60 Richard D. DeBobes: United States ...... Dollar ...... 6,865.71 ...... 6,865.71 Jordan ...... Dinar ...... 255.19 ...... 255.19 Daniel J. Cox, Jr.: United States ...... Dollar ...... 6,865.71 ...... 6,865.71 Jordan ...... Dinar ...... 279.23 ...... 279.23 Evelyn N. Farkas: United States ...... Dollar ...... 6,443.15 ...... 6,443.15 Indonesia ...... Rupiah ...... 503.63 ...... 503.63 Senator Susan M. Collins: Canada ...... Dollar ...... 40.00 ...... 40.00 Senator Lindsey O. Graham: Canada ...... Dollar ...... 83.00 ...... 83.00 Richard H. Fontaine, Jr.: Canada ...... Dollar ...... 80.00 ...... 80.00 Senator Hillary Clinton: Canada ...... Dollar ...... 24.31 ...... 24.31 Huma M. Abedin: Canada ...... Dollar ...... 10.00 ...... 10.00 Senator John Warner: Kuwait ...... Dollar ...... 688.00 ...... 688.00 Turkey ...... Dollar ...... 372.00 ...... 372.00 Portugal ...... Euro ...... 267.71 ...... 267.71 Charles S. Abell: Italy ...... Dollar ...... 194.76 ...... 194.76 Kuwait ...... Dollar ...... 688.00 ...... 688.00 Turkey ...... Dollar ...... 372.00 ...... 372.00 Portugal ...... Euro ...... 267.71 ...... 267.71 Total ...... 5,869.46 ...... 29,098.99 ...... 0.00 ...... 34,968.45 JOHN W. WARNER, Chairman, Committee on Armed Services, Oct. 26, 2005.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2005

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Richard Shelby: United States ...... Dollar ...... 6,127.00 ...... 6,127.00 United Kingdom ...... Pound ...... 1,116.00 ...... 1,116.00 Walter E. Fischer: United States ...... Dollar ...... 6,127.00 ...... 6,127.00 United Kingdom ...... Pound ...... 1,015.00 ...... 1,015.00 Steven B. Harris: United States ...... Dollar ...... 6,127.00 ...... 6,127.00 United Kingdom ...... Pound ...... 682.00 ...... 682.00 Total ...... 2,813.00 ...... 18,381.00 ...... 0.00 ...... 21,194.00 RICHARD C. SHELBY, Chairman, Committee on Banking, Housing, and Urban Affairs, Sept. 26, 2005.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE BUDGET FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2005

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Maureen O’Neill: Japan ...... Yen ...... 841.00 ...... 841.00 Korea ...... Won ...... 716.00 ...... 716.00 China ...... Yuan ...... 1,014.00 ...... 1,014.00 Hong Kong ...... Dollar ...... 1,112.00 ...... 1,112.00 United States ...... Dollar ...... 8,577.11 ...... 8,577.11 ...... 270.62 ...... 270.62 Jennifer Pollom: Japan ...... Yen ...... 946.00 ...... 946.00 Korea ...... Won ...... 716.00 ...... 716.00 China ...... Yuan ...... 1,280.00 ...... 1,280.00 Hong Kong ...... Dollar ...... 1,233.00 ...... 1,233.00 United States ...... Dollar ...... 8,546.11 ...... 8,546.11 ...... 270.62 ...... 270.62 Scott B. Gudes: Poland ...... Zlotys ...... 1,149.00 ...... 1,149.00 Norway ...... Kroners ...... 716.00 ...... 716.00 United States ...... Dollar ...... 6,797.11 ...... 6,797.11 Daniel Brandt: Slovakia ...... Koruna ...... 429.00 ...... 429.00 Slovenia ...... Tolar ...... 520.00 ...... 520.00 United States ...... Dollar ...... 5,553.54 ...... 5,553.54 Allison Parent: Slovakia ...... Koruna ...... 429.00 ...... 429.00

VerDate Aug 31 2005 01:19 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00041 Fmt 0624 Sfmt 8634 E:\CR\FM\A07NO6.020 S07NOPT1 S12456 CONGRESSIONAL RECORD — SENATE November 7, 2005 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE BUDGET FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2005—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Slovenia ...... Tolar ...... 780.00 ...... 780.00 United States ...... Dollar ...... 5,573.61 ...... 5,573.61 Total ...... 11,881.00 ...... 35,588.72 ...... 47,469.72 JUDD GREGG, Chairman, Committee on Budget, Oct. 13, 2005.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON COMMERCE, SCIENCE AND TRANSPORTATION FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2005

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Floyd DesChamps: Germany ...... Euro ...... 983.00 ...... 983.00 Belgium ...... Euro ...... 370.00 ...... 370.00 United States ...... Dollar ...... 6,639.41 ...... 6,639.41 Ryan Breitenbach: China ...... Yuan ...... 2,594.00 ...... 2,594.00 United States ...... Dollar ...... 5,724.42 ...... 5,724.42 Total ...... 3,947.00 ...... 2,363.83 ...... 16,310.83 TED STEVENS, Chairman, Committee on Commerce, Science and Transportation, Sept. 30, 2005.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS COMMITTEE FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2005

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Raymond Shepherd: United States ...... Dollar ...... 1,039.05 ...... 1,039.05 Russia ...... Rouble ...... 3,528.20 ...... 3,528.20 Brian White: United States ...... Dollar ...... 1,039.05 ...... 1,039.05 Russia ...... Rouble ...... 3,507.20 ...... 3,507.20 Laura Stuber: United States ...... Dollar ...... 1,039.05 ...... 1,039.05 Russia ...... Rouble ...... 3,572.20 ...... 3,572.20 Raymond Shepherd: United States ...... Dollar ...... 2,414.89 ...... 2,414.89 Japan ...... Yen ...... 816.00 ...... 816.00 China ...... Yuan ...... 2,385.14 ...... 2,385.14 Brian White: United States ...... Dollar ...... 2,434.89 ...... 2,434.89 Japan ...... Yen ...... 816.00 ...... 816.00 China ...... Yuan ...... 2,385.14 ...... 2,385.14 Kathleen Kraninger: United States ...... Dollar ...... 2,562.89 ...... 2,562.89 Japan ...... Yen ...... 816.00 ...... 816.00 China ...... Yuan ...... 2,385.14 ...... 2,385.14 Total ...... 20,211.02 ...... 10,529.82 ...... 30,740.84 SUSAN M. COLLINS, Chairman, Committee on Homeland Security and Governmental Affairs Committee, Oct. 21, 2005.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2005

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Joseph R. Biden, Jr.: Italy ...... Euro ...... 331.70 ...... 331.70 Senator Norm Coleman: Brazil ...... Real ...... 408.14 ...... 408.14 Uruguay ...... Peso ...... 143.00 ...... 143.00 Chile ...... Peso ...... 298.00 ...... 298.00 Senator Chuck Hagel: Italy ...... Euro ...... 480.00 ...... 480.00 Russia ...... Rouble ...... 1,163.00 ...... 1,163.00 Bulgaria ...... Dinar ...... 360.00 ...... 360.00 United States ...... Dollar ...... 5,816.00 ...... 50.00 ...... 5,866.00 Senator John Kerry: France ...... Euro ...... 760.00 ...... 242.03 ...... 1,002.03 Kuwait ...... Dinar ...... 788.00 ...... 788.00 United States ...... Dollar ...... 9,339.77 ...... 9,339.77 Senator Richard Lugar: Russia ...... Rouble ...... 956.00 ...... 956.00 Ukraine ...... Hryvnia ...... 1,484.00 ...... 1,484.00 United Kingdom ...... Pound ...... 231.00 ...... 231.00 United States ...... Dollar ...... 3,125.08 ...... 3,125.08 Senator Mel Martinez: Brazil ...... Real ...... 408.14 ...... 408.14

VerDate Aug 31 2005 01:19 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00042 Fmt 0624 Sfmt 8634 E:\CR\FM\A07NO6.020 S07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — SENATE S12457 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2005—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Uruguay ...... Peso ...... 143.00 ...... 143.00 Chile ...... Peso ...... 298.00 ...... 298.00 Senator Barack Obama: Russia ...... Rouble ...... 956.00 ...... 956.00 Ukraine ...... Hryvnia ...... 1,484.00 ...... 1,484.00 Azerbaijan ...... Manat ...... 856.00 ...... 856.00 United Kingdom ...... Pound ...... 231.00 ...... 231.00 United States ...... Dollar ...... 5,522.18 ...... 5,522.18 Jonah Blank: Indonesia ...... Dollar ...... 1,022.00 ...... 1,022.00 Sri Lanka ...... Dollar ...... 864.00 ...... 864.00 Maldives ...... Dollar ...... 496.00 ...... 496.00 United Kingdom ...... Dollar ...... 444.00 ...... 444.00 United States ...... Dollar ...... 10,263.17 ...... 10,263.17 Andrew J. Fisher: Russia ...... Dollar ...... 1,434.00 ...... 1,434.00 Ukraine ...... Dollar ...... 1,484.00 ...... 1,484.00 Azerbaijan ...... Dollar ...... 856.00 ...... 856.00 United Kingdom ...... Dollar ...... 231.00 ...... 231.00 United States ...... Dollar ...... 5,614.18 ...... 5,614.18 Jessica Fugate: Serbia and Montenegro ...... Dollar ...... 1,250.00 ...... 1,250.00 United States ...... Dollar ...... 5,570.49 ...... 5,570.49 Robert Gibbs: Russia ...... Rouble ...... 956.00 ...... 956.00 Ukraine ...... Hryvnia ...... 1,484.00 ...... 1,484.00 Azerbaijan ...... Manat ...... 856.00 ...... 856.00 United Kingdom ...... Pound ...... 231.00 ...... 231.00 United States ...... Dollar ...... 5,614.18 ...... 5,614.18 Frank Jannuzi: China ...... Yuan ...... 1,164.00 ...... 1,164.00 Mongolia ...... Dollar ...... 902.00 ...... 902.00 Korea ...... Won ...... 716.00 ...... 716.00 Thailand ...... Baht ...... 1,160.00 ...... 152.46 ...... 283.53 ...... 1,595.99 United States ...... Dollar ...... 7,128.76 ...... 7,128.76 Chris Ann Keehner: Canada ...... Dollar ...... 1,355.00 ...... 1,355.00 United States ...... Dollar ...... 452.53 ...... 452.53 Mark Lippert: Russia ...... Rouble ...... 956.00 ...... 956.00 Ukraine ...... Hryvnia ...... 1,484.00 ...... 1,484.00 Azerbaijan ...... Manat ...... 856.00 ...... 856.00 United Kingdom ...... Pound ...... 494.00 ...... 494.00 United States ...... Dollar ...... 5,635.18 ...... 5,635.18 Thomas C. Moore: Ukraine ...... Hryvnia ...... 742.00 ...... 742.00 Azerbaijan ...... Manat ...... 856.00 ...... 856.00 United Kingdom ...... Pound ...... 494.00 ...... 494.00 United States ...... Dollar ...... 6,982.65 ...... 6,982.65 Kenneth A. Myers, Jr.: Ireland ...... Euro ...... 230.00 ...... 230.00 Russia ...... Rouble ...... 956.00 ...... 956.00 Ukraine ...... Hryvnia ...... 1,484.00 ...... 1,484.00 United Kingdom ...... Pound ...... 231.00 ...... 231.00 United States ...... Dollar ...... 5,582.49 ...... 5,582.49 Kenneth A. Myers, III: Ireland ...... Euro ...... 230.00 ...... 230.00 Russia ...... Rouble ...... 956.00 ...... 956.00 Ukraine ...... Hryvnia ...... 1,484.00 ...... 1,484.00 Azerbaijan ...... Manat ...... 856.00 ...... 856.00 United Kingdom ...... Pound ...... 231.00 ...... 231.00 United States ...... Dollar ...... 5,562.49 ...... 5,562.49 Laura Parker: Brazil ...... Real ...... 408.14 ...... 408.14 Uruguay ...... Peso ...... 143.00 ...... 143.00 Chile ...... Peso ...... 298.00 ...... 298.00 Rexon Ryu: Italy ...... Euro ...... 500.00 ...... 500.00 Russia ...... Rouble ...... 1,164.00 ...... 1,164.00 Bulgaria ...... Dinar ...... 360.00 ...... 360.00 United States ...... Dollar ...... 5,816.00 ...... 50.00 ...... 5,866.00 Ken Savit: Israel ...... Dollar ...... 1,755.00 ...... 1,755.00 United States ...... Dollar ...... 794.55 ...... 794.55 Jennifer Simon: Switzerland ...... Franc ...... 1,404.00 ...... 1,404.00 United States ...... Dollar ...... 6,718.22 ...... 6,718.22 Puneet Talwar: Israel ...... Dollar ...... 1,730.00 ...... 1,730.00 United States ...... Dollar ...... 6,582.70 ...... 6,582.70 Caroline Tess: Switzerland ...... Dollar ...... 1,004.00 ...... 1,004.00 United States ...... Dollar ...... 6,718.22 ...... 6,718.22 Tomicah Tillemann: Kosovo ...... Euro ...... 1,095.00 ...... 1,095.00 Serbia and Montenegro ...... Dinar ...... 1,150.00 ...... 1,150.00 United States ...... Dollar ...... 5,589.50 ...... 5,589.50 Lorianne Woodrow-Moss: Brazil ...... Real ...... 408.14 ...... 408.14 Uruguay ...... Peso ...... 143.00 ...... 143.00 Chile ...... Peso ...... 298.00 ...... 298.00

Total ...... 59,666.96 ...... 107,998.10 ...... 625.56 ...... 168,059.62 RICHARD G. LUGAR , Chairman, Committee on Foreign Relations, Oct. 18, 2005.

VerDate Aug 31 2005 01:19 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00043 Fmt 0624 Sfmt 8634 E:\CR\FM\A07NO6.020 S07NOPT1 S12458 CONGRESSIONAL RECORD — SENATE November 7, 2005 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2005

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Richard Burr: Russia ...... Rubles ...... 1,363.00 ...... 1,363.00 Poland ...... Zloty ...... 730.00 ...... 730.00 Hungary ...... Forint ...... 392.00 ...... 392.00 Jordan ...... Dinar ...... 612.00 ...... 612.00 Ireland ...... Euro ...... 631.00 ...... 631.00

Total ...... 3,728.00 ...... 3,728.00 MICHAEL B. ENZI, Chairman, Committee on Health, Education, Labor, and Pensions, Sept. 26, 2005.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2005

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Evan Gottesman ...... Dollar ...... 8,025.00 ...... 8,025.00 ...... 1,137.00 ...... 1,137.00 Eric Rosenbach ...... Dollar ...... 8,460.00 ...... 8,460.00 ...... 1,082.00 ...... 1,082.00 John Andrews ...... Dollar ...... 4,895.44 ...... 4.895.44 ...... 1,207.00 ...... 1,207.00 Todd Rosenblum ...... Dollar ...... 8,060.27 ...... 8,060.27 ...... 2,568.00 ...... 2,568.00 John Maguire ...... Dollar ...... 8,060.27 ...... 8,060.27 ...... 2,005.04 ...... 2,005.04 Jennifer Wagner ...... Dollar ...... 8,060.27 ...... 8,060.27 ...... 2,210.18 ...... 2,210.18 Rebecca Farley ...... Dollar ...... 6,634.23 ...... 6,634.23 ...... 1,356.00 ...... 1,356.00 Darren Dick ...... Dollar ...... 6,634.23 ...... 6,634.23 ...... 1,356.00 ...... 1,356.00 Ericl Rosenbach ...... Dollar ...... 6,443.15 ...... 6,443.15 ...... 1,021.00 ...... 1,021.00 Thomas Corcoran ...... Dollar ...... 6,443.15 ...... 6,443.15 ...... 992.00 ...... 992.00 Randall Bookout ...... Dollar ...... 5,050.82 ...... 5,050.82 ...... 2,883.83 ...... 2,883.83 Michael Davidson ...... Dollar ...... 5,050.82 ...... 5,050.82 ...... 2,145.00 ...... 2,145.00 Senator Pat Roberts ...... 3,728.00 ...... 3,728.00 John Andrews ...... 812.00 ...... 812.00 Darren Dick ...... 2,759.00 ...... 2,759.00 Senator John D. Rockefeller ...... Dollar ...... 6,502.80 ...... 6,502.80 ...... 835.00 ...... 835.00 Andrew Johnson ...... Dollar ...... 6,502.80 ...... 6,502.80 ...... 918.00 ...... 918.00 Thomas Auld ...... Dollar ...... 6,502.80 ...... 6,502.80 ...... 846.00 ...... 846.00 Lorenzo Goco ...... Dollar ...... 6,196.11 ...... 6,196.11 ...... 1,318.00 ...... 1,318.00 Matthew Pollard ...... Dollar ...... 6,196.11 ...... 6,196.11 ...... 1,208.00 ...... 1,208.00 Total ...... 32,387.05 ...... 113,718.27 ...... 146,105.32 PAT ROBERTS, Chairman, Committee on Intelligence for Travel, Oct. 12, 2005.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS, ADDENDUM 2ND QUARTER, FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM APR. 1 TO JUNE 30, 2005

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Ron Wyden ...... 366.00 ...... 366.00 John Dickas ...... 497.00 ...... 497.00 Josh Kardon ...... 393.00 ...... 393.00 Total ...... 1,256.00 ...... 1,256.00 PAT ROBERTS, Chairman, Committee on Intelligence, Oct. 12, 2005.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON SMALL BUSINESS AND ENTREPRENEURSHIP FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2005

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

John Phillips: United States ...... Dollar ...... 6,530.00 ...... 6,530.00 China ...... Yuan ...... 1,548.00 ...... 800.00 ...... 2,348.00

VerDate Aug 31 2005 01:19 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00044 Fmt 0624 Sfmt 8634 E:\CR\FM\A07NO6.020 S07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — SENATE S12459 Total ...... 1,548.00 ...... 7,330.00 ...... 8,878.00 OLYMPIA J. SNOWE, Chairman, Committee on Small Business & Entrepreneurship, Sept. 22, 2005.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON CAUCUS ON INTERNATIONAL NARCOTICS CONTROL FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2005

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Ted Brennan: United States ...... Dollar ...... 786.15 ...... 786.15 Colombia ...... Peso ...... 920.00 ...... 920.00 Total ...... 920.00 ...... 786.15 ...... 1,706.15 CHARLES E. GRASSLEY, Chairman, Committee on Caucus on International Narcotics Control, Sept. 26, 2005.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2005

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Jennifer Lowe: China ...... Yuan ...... 979.00 ...... 979.00 Total ...... 979.00 ...... 0.00 ...... 0.00 ...... 979.00 TED STEVENS, President Pro Tempore, Sept. 20, 2005.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON COMMISSION ON SECURITY AND COOPERATION IN EUROPE FOR TRAVEL FROM APR. 1 TO JUNE 30, 2005

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Janice Helwig: United States ...... Dollar ...... 4,859.19 ...... 4,859.19 Austria ...... Euro ...... 23,420.00 ...... 23,420.00 Benjamin L. Cardin, M.C.: United States ...... Dollar ...... 5,206.30 ...... 5,206.30 Denmark ...... Kroner ...... 410.00 ...... 410.00 Marlene Kaufmann: United States ...... Dollar ...... 5,206.30 ...... 5,206.30 Denmark ...... Kroner ...... 374.84 ...... 374.84 Chadwick R. Gore: United States ...... Dollar ...... 4,822.92 ...... 4,822.92 Austria ...... Euro ...... 868.83 ...... 868.83 Sean H. Woo: United States ...... Dollar ...... 7,911.63 ...... 7,911.63 Republic of Korea ...... Won ...... 1,260.00 ...... 1,260.00 Japan ...... Yen ...... 716.00 ...... 716.00 Janice Helwig: Austria ...... Euro ...... 3,826.86 ...... 3,826.86 Republic of Korea ...... Won ...... 922.56 ...... 922.56 H. Knox Thames: United States ...... Dollar ...... 330.34 ...... 330.34 Canada ...... Dollar ...... 72.94 ...... 72.94 Erika Schlager: United States ...... Dollar ...... 4,955.28 ...... 4,955.28 Czech Republic ...... Crown ...... 1,981.73 ...... 1,981.73 Christopher H. Smith, M.C.: United States ...... Dollar ...... 5,789.08 ...... 5,789.08 Romania ...... Lei ...... 430.00 ...... 1,056.09 6.09 Dorothy Douglas Taft: United States ...... Dollar ...... 5,789.08 ...... 5,789.08 Romania ...... Lei ...... 592.00 ...... 592.00 Sean H. Woo: United States ...... Dollar ...... 3,232.03 ...... 3,232.03 Spain ...... Euro ...... 1,229.06 ...... 1,229.06 Ronald J. McNamara: United States ...... Dollar ...... 3,802.03 ...... 3,802.03 Spain ...... Euro ...... 1,131.06 ...... 1,131.06 H. Knox Thames: United States ...... Dollar ...... 5,493.69 ...... 5,493.69 Belgium ...... Euro ...... 474.28 ...... 474.28 France ...... Euro ...... 1,057.28 ...... 1,057.28 Spain ...... Euro ...... 932.53 ...... 932.53 Janice Helwig: Austria ...... Euro ...... 1,222.28 ...... 1,222.28 Spain ...... Euro ...... 1,017.22 ...... 1,017.22 Elizabeth Pryor: United States ...... Dollar ...... 5,110.25 ...... 5,110.25 Greece ...... Euro ...... 487.50 ...... 487.50 Austria ...... Euro ...... 1,006.60 ...... 1,006.60 Maureen Walsh: United States ...... Dollar ...... 6,723.34 ...... 6,723.34 Thailand ...... Baht ...... 285.00 ...... 285.00 Austria ...... Euro ...... 411.34 ...... 411.34 Robert Hand: United States ...... Dollar ...... 6,614.23 ...... 6,614.23 Albania ...... Lek ...... 1,100.82 ...... 1,100.82 Kosovo ...... Euro ...... 358.57 ...... 358.57

VerDate Aug 31 2005 01:19 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00045 Fmt 0624 Sfmt 8634 E:\CR\FM\A07NO6.020 S07NOPT1 S12460 CONGRESSIONAL RECORD — SENATE November 7, 2005 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON COMMISSION ON SECURITY AND COOPERATION IN EUROPE FOR TRAVEL FROM APR. 1 TO JUNE 30, 2005—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Bosnia & Herzegovin ...... Marka ...... 617.06 ...... 617.06 Total ...... 41,157.22 ...... 81,520.92 ...... 122,678.14 SAM BROWNBACK, Chairman, Committee on Commission on Security and Cooperation in Europe, July 28, 2005.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2005

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Rahul (Richard) Verma: United States ...... Dollar ...... 0.00 ...... 3,447.97 ...... 0.00 ...... 3,447.97 Mali ...... Franc ...... 414.00 ...... 343.30 ...... 0.00 ...... 757.30 Niger ...... Franc ...... 446.00 ...... 5,670.00 ...... 270.39 ...... 6,323.39 Marcel Lettre II: United States ...... Dollar ...... 0.00 ...... 3,447.97 ...... 0.00 ...... 3,447.97 Mali ...... Franc ...... 424.00 ...... 343.30 ...... 0.00 ...... 767.30 Niger ...... Franc ...... 446.00 ...... 5,670.00 ...... 207.39 ...... 6,323.39 Total ...... 1,730.00 ...... 18,922.54 ...... 414.78 ...... 21,067.32 HARRY REID, h Democratic Leader, Oct. 21, 2005.

REMOVAL OF INJUNCTION OF SE- ‘‘marital deduction’’ for certain estates to consider the following nominations CRECY—PROTOCOL AMENDING if the surviving spouse is not a U.S. cit- on today’s Executive Calendar: Cal- THE TAX CONVENTION ON IN- izen. In addition, the Protocol expands endar Nos. 432 and 433. I further ask HERITANCES WITH FRANCE, the United States jurisdiction to tax unanimous consent that the nomina- TREATY DOCUMENT NO. 109–7 its citizens and certain former citizens tions be confirmed en bloc, the motions Mr. SESSIONS. Mr. President, as in and long-term residents and makes to reconsider be laid upon the table, executive session, I ask unanimous other changes to the treaty to reflect the President be immediately notified consent that the injunction of secrecy more closely current U.S. tax-treaty of the Senate’s action, and the Senate be removed from the following treaty policy. then return to legislative session. transmitted to the Senate on Novem- I recommend that the Senate give The PRESIDING OFFICER. Without ber 4, 2005, by the President of the early and favorable consideration to objection, it is so ordered. United States: Protocol Amending the the Protocol and give its advice and The nominations considered and con- Tax Convention on Inheritances with consent to ratification. firmed en bloc are as follows: France, Treaty Document No. 109–7; I GEORGE W. BUSH. NATIONAL CREDIT UNION ADMINISTRATION further ask that the treaty be consid- THE WHITE HOUSE, November 3, 2005. Rodney E. Hood, of North Carolina, to be a ered as having been read the first time, f Member of the National Credit Union Admin- istration Board for a term expiring April 10, that it be referred, with accompanying MEASURE READ THE FIRST papers to the Committee on Foreign 2009. TIME—S. 1969 Gigi Hyland, of Virginia, to be a Member of Relations and ordered to be printed; the National Credit Union Administration and that the President’s message be Mr. SESSIONS. Mr. President, I un- derstand there is a bill at the desk, and Board for a term expiring August 2, 2011. printed in the RECORD. The PRESIDING OFFICER. Without I ask for its first reading. f objection, it is so ordered. The PRESIDING OFFICER. The LEGISLATIVE SESSION clerk will report. The message of the President is as The PRESIDING OFFICER. Under follows: The legislative clerk read as follows: A bill (S. 1969) to express the sense of the the previous order, the Senate will re- To the Senate of the United States: Senate regarding Medicaid reconciliation turn to legislative session. I transmit herewith for the advice legislation to be reported by a conference f and consent of the Senate to ratifica- committee during the 109th Congress. ORDERS FOR TUESDAY, tion a Protocol Amending the Conven- Mr. SESSIONS. I now ask for its sec- NOVEMBER 8, 2005 tion Between the United States of ond reading and, in order to place the America and the French Republic for bill on the calendar under the provi- Mr. SESSIONS. Mr. President, on be- the Avoidance of Double Taxation and sions of rule XIV, I object to my own half of the majority leader, I ask unan- the Prevention of Fiscal Evasion with request. imous consent that when the Senate Respect to Taxes on Estates, Inherit- The PRESIDING OFFICER. Objec- completes its business today, it stand ances, and Gifts, signed at Washington tion is heard. The bill will be read the in adjournment until 9:45 a.m. on Tues- on November 24, 1978 (the ‘‘Conven- next time on the next legislative day. day, November 8. I further ask that fol- tion’’), signed at Washington on De- f lowing the prayer and pledge, the cember 8, 2004 (the ‘‘Protocol’’). Also morning hour be deemed expired, the transmitted for the information of the EXECUTIVE SESSION Journal of proceedings be approved to Senate is the report of the Department date, the time for the two leaders be of State with respect to the Protocol. reserved, and the Senate proceed to a The Protocol provides a pro rata uni- EXECUTIVE CALENDAR period for the transaction of morning fied credit to the estate of a French Mr. SESSIONS. Mr. President, I ask business for up to an hour, with the domiciliary for purposes of computing unanimous consent that the Senate im- first 30 minutes under the control of U.S. estate tax. It allows a limited U.S. mediately proceed to executive session the majority leader or his designee,

VerDate Aug 31 2005 01:19 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.020 S07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — SENATE S12461 and the final 30 minutes under the con- sent that the Senate stand in adjourn- AND SURVIVORS INSURANCE TRUST FUND AND THE FED- ERAL DISABILITY INSURANCE TRUST FUND FOR A TERM trol of the Democratic leader or his ment under the previous order. OF FOUR YEARS. (REAPPOINTMENT) designee; further, that the Senate re- There being no objection, the Senate, THOMAS R. SAVING, OF TEXAS, TO BE A MEMBER OF THE BOARD OF TRUSTEES OF THE FEDERAL SUPPLE- sume consideration of S. 1042, the De- at 6:21 p.m., adjourned until Tuesday, MENTARY MEDICAL INSURANCE TRUST FUND FOR A fense authorization bill. I further ask November 8, 2005, at 9:45 a.m. TERM OF FOUR YEARS. (REAPPOINTMENT) that at 12:30 p.m., the Senate stand in f DEPARTMENT OF STATE recess until 2:15 p.m. to accommodate NOMINATIONS KRISTIE A. KENNEY, OF VIRGINIA, A CAREER MEMBER the weekly policy lunches. OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- Executive nominations received by COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND The PRESIDING OFFICER. Without PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA the Senate November 7, 2005: TO THE REPUBLIC OF THE PHILIPPINES. objection, it is so ordered. ROBERT WEISBERG, OF MARYLAND, A CAREER MEM- POSTAL RATE COMMISSION BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- f MARK D. ACTON, OF KENTUCKY, TO BE A COMMIS- ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- SIONER OF THE POSTAL RATE COMMISSION FOR A TERM DINARY AND PLENIPOTENTIARY OF THE UNITED STATES PROGRAM EXPIRING OCTOBER 14, 2010, VICE DANA BRUCE COV- OF AMERICA TO THE REPUBLIC OF CONGO. INGTON, SR., TERM EXPIRED. Mr. SESSIONS. Mr. President, to- FEDERAL INSURANCE TRUST FUNDS morrow the Senate will continue its f JOHN L. PALMER, OF NEW YORK, TO BE A MEMBER OF work on the Defense authorization bill. THE BOARD OF TRUSTEES OF THE FEDERAL SUPPLE- We will complete this important bill MENTARY MEDICAL INSURANCE TRUST FUND FOR A CONFIRMATIONS TERM OF FOUR YEARS. (REAPPOINTMENT) this week. We will also address any ap- JOHN L. PALMER, OF NEW YORK, TO BE A MEMBER OF Executive nominations confirmed by propriations conference reports ready THE BOARD OF TRUSTEES OF THE FEDERAL HOSPITAL INSURANCE TRUST FUND FOR A TERM OF FOUR YEARS. the Senate: Monday, November 7, 2005 for action. (REAPPOINTMENT) NATIONAL CREDIT UNION ADMINISTRATION THOMAS R. SAVING, OF TEXAS, TO BE A MEMBER OF f THE BOARD OF TRUSTEES OF THE FEDERAL HOSPITAL RODNEY E. HOOD, OF NORTH CAROLINA, TO BE A MEM- INSURANCE TRUST FUND FOR A TERM OF FOUR YEARS. BER OF THE NATIONAL CREDIT UNION ADMINISTRATION ADJOURNMENT UNTIL 9:45 A.M. (REAPPOINTMENT) BOARD FOR A TERM EXPIRING APRIL 10, 2009. JOHN L. PALMER, OF NEW YORK, TO BE A MEMBER OF GIGI HYLAND, OF VIRGINIA, TO BE A MEMBER OF THE TOMORROW THE BOARD OF TRUSTEES OF THE FEDERAL OLD-AGE NATIONAL CREDIT UNION ADMINISTRATION BOARD FOR AND SURVIVORS TRUST FUND AND THE FEDERAL DIS- A TERM EXPIRING AUGUST 2, 2011. Mr. SESSIONS. Mr. President, if ABILITY INSURANCE TRUST FUND FOR A TERM OF FOUR THE ABOVE NOMINATION WAS APPROVED SUBJECT TO there is no further business to come be- YEARS. (REAPPOINTMENT) THE NOMINEE’S COMMITMENT TO RESPOND TO RE- THOMAS R. SAVING, OF TEXAS, TO BE A MEMBER OF QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY fore the Senate, I ask unanimous con- THE BOARD OF TRUSTEES OF THE FEDERAL OLD-AGE CONSTITUTED COMMITTEE OF THE SENATE.

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